The URL can be used to link to this page

Home My WebLink AboutAgenda - Agenda Packets - Regular Meeting 2/18/2014 AGENDA JOINT REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY February 18, 2014, 6:30 p.m. 625 South Pico Avenue San Jacinto Community Center, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Recognition of Agri-Empire's 70th Anniversary 1.6 MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 2. PUBLIC COMMENTS Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. JOINT CONSENT CALENDARS (SECTIONS 3A AND 3B) The matters listed under Consent Calendars are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. If an item is pulled, it will be heard after the balance of the Consent Calendar has been voted on. 3A CONSENT CALENDAR - CITY COUNCIL 3A.1 Waiver of Full Reading of Ordinance(s), and Reading by Title Only / Approve / City Clerk, City Attorney 3A.2 Minutes of February 4, 2014 - Regular Meeting / Approve / City Clerk 3A.3 Warrants and Disbursements - January 2014 / Approve / Finance City Council Agenda February 18, 2014 Page 2 of 3 Director 3A.4 Investment Advisor's Response to Query - Chandler Asset Management / Approve / Finance Director, City Treasurer 3A.5 Cooperation Agreement for Park Maintenance - Valley Wide Recreation and Park District / Approve / Public Works Director 3B CONSENT CALENDAR - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 4. PUBLIC HEARING 4.1 Public Hearing Regarding the Use of Community Development Block Grant (CDBG) Funds and take public comments regarding the County of Riverside Consolidated Plan Update for the Years 2014-2019 / Approve / Management Analyst 5. STAFF REPORTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayor; state their name, address, and the consent calendar item number pulled. Speakers should limit comments to three (3) minutes. 5.1 First Reading of Ordinance No. 14-01, Adopting Development Agreement No. 01-10 Amendment No. 1 between the City of San Jacinto and Frontier FH II, LLC / Approve / Consultant 6. CLOSED SESSION 6.1 CLOSED SESSION - CITY COUNCIL 6.1.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: TMH Enterprises, Inc. et al. vs. San Jacinto 6.1.2 CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Tim Hults, City Manager & Roger Crawford, Deputy City Attorney Represented Parties: San Jacinto Management Association & Service Employees International Union, Local 721 6.1.3 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Case: United States of America v. City of San Jacinto; Case No. EDCV12-1966 City Council Agenda February 18, 2014 Page 3 of 3 6.1.4 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Case: Bilal-Varney, et al. v. City of San Jacinto; Case No. EDCV12- 02191 6.2 CLOSED SESSION - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 7. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537-6358, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Any writing related to an agenda item for an open session of a regular meeting of the City Council that is distributed less than 72 hours prior to the meeting will be made available for public inspection at the City Clerk's office, located at 595 South San Jacinto Avenue, San Jacinto, California, and at the regular meeting location - City of San Jacinto Community Center, 625 South Pico Avenue, San Jacinto, California - at the time the writing is distributed to a majority of the City Council DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- 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, Richard Miller, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 13th Day of February, 2014, as required by law. Richard Miller, City Clerk February 18, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk Jeff Ballinger, City Attorney SUBJECT: Waiver of Full Reading of Ordinance(s), and Reading by Title Only RECOMMENDATION: Staff recommends that the City Council, by motion, waive the full reading of any and all ordinances on this meeting’s agenda, and authorize their reading by title only. BACKGROUND: Government Code Section 36934 requires that all ordinances shall be read in full either at the time of their introduction or their passage. However, Government Code Section 36934 allows the waiver of this requirement by regular motion adopted by majority vote if the title of the ordinance is read. This waiver can be accomplished at the time of each ordinance action, or as a standing waiver, accomplished as a consent calendar motion. In order to stream-line the process for the passage of ordinances, the City Attorney and staff propose the second option, which is the waiver of any and all ordinances on this agenda. ALTERNATIVES: Approval: Approve the addition of the attached language to all future agendas of the City Council, thus waiving the full reading of all future ordinances. Denial: Do not approve the agenda language and, instead, before the passage of any ordinance and after the reading of its title, make a motion that must be adopted by majority vote that allows a waiver of the full reading. FISCAL IMPACT: None PACKET PAGE: 1 AGENDA ITEM 3A.1 February 18, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk SUBJECT: Minutes of February 4, 2014 - Regular Meeting RECOMMENDATION: Staff recommends that the City Council, by motion, approve the draft minutes of the Regular City Council meeting held February 4, 2014. ATTACHMENTS · Draft minutes of the February 4, 2014 – Regular Meeting PACKET PAGE: 3 AGENDA ITEM 3A.2 ACTION MINUTES JOINT REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY February 4, 2014 6:30 p.m. 625 S. Pico Ave San Jacinto Community Center, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order Mayor Alonso Ledezma called the Regular Meeting of the San Jacinto City Council and the successor agency to the City of San Jacinto Redevelopment Agency to order at 6:31 p.m. 1.2 Roll Call Present: Bartel, Kotyuk, Miller, Ruiz, Ledezma Absent: None 1.3 Invocation Assistant City Manager Mike Emberton gave the invocation. 1.4 Pledge of Allegiance Bruce Malone of the San Jacinto Chamber of Commerce led the Pledge of Allegiance 1.5 Special Presentations 1.5.1 Climate Action Plan Update presentation from WRCOG Jennifer Ward, of WRCOG, gave the presentation. 1.6 MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS Council Members gave their reports. 2. PUBLIC COMMENTS: Public Speakers: · Myrna Rohr PACKET PAGE: 5 AGENDA ITEM 3A.2 Action Minutes February 4, 2014 ____________________________________________________________________________________Page 2 of 4 · Lori VanArsdale · Amelia Hippert 2.1 City Manager’s Report on previous month’s public comments City Manager Tim Hults gave his report on previous month public comments. 3. CONSENT CALENDAR 3A CONSENT CALENDAR - CITY COUNCIL 3A.1 Continuance of the Proclamation of the Local State of Emergency due to the Severe Winter Storms that began on December 17, 2010 / Approve / City Clerk, City Attorney 3A.2 Waiver of Full Reading of Ordinance(s), and Reading by Title Only / Approve / City Clerk, City Attorney 3A.3 Final Parcel Map 36466 / Approve / City Engineer 3A.4 Minutes of January 21, 2014 / Approve / City Clerk 3A.5 Repeal Declaration of Local Emergency - Resolution 3352 / Approve / Public Works Director, Streets Supervisor 3A.6 Resolution No. 3495 / Consideration and Action on City Manager's Bond / Approve / City Clerk 3A.7 Treasurer's Report at December 31, 2013 / Approve / City Treasurer 3B CONSENT CALENDAR - SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY OF CITY OF SAN JACINTO Items Pulled from the Consent Calendar Council Member Scott Miller requested that Item 3A.7 be pulled for discussion. M/S/C (Kotyuk/Ruiz) moved to approve the balance of the Consent Calendar. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None PACKET PAGE: 6 AGENDA ITEM 3A.2 Action Minutes February 4, 2014 ____________________________________________________________________________________Page 3 of 4 3A.7 Treasurer's Report at December 31, 2013 / Approve / City Treasurer Finance Director Tom Prill presented the item. M/S/C (Miller/Kotyuk) moved to approve Item 3A.7 without the report from Chandler and have the report brought back and present their investment strategy to the City Council. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None 4. PUBLIC HEARING None 5. STAFF REPORTS 5.1 Award of Contract / Community Development Block Grant Downtown Road Improvements (CIP 13-002) City Engineer Habib Motlagh presented the staff report. M/S/C (Miller/Ruiz) moved to approve Item 5.1 as presented. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None 5.2 Request for Additional Appropriations / Capital Improvement Project 11- 013 (Kuhns Property) Development Director Sharon Paisley gave the Staff Report. M/S/C (Miller/Kotyuk) moved to approve Item 5.2 with as presented. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None Mayor Alonso Ledezma recessed the Regular Meeting of the City Council and adjourned the meeting at 7:15 p.m. and reconvened in Closed Session for the City Council at 7:20 p.m. 6. CLOSED SESSION 6.1 CLOSED SESSION - CITY COUNCIL PACKET PAGE: 7 AGENDA ITEM 3A.2 Action Minutes February 4, 2014 ____________________________________________________________________________________Page 4 of 4 City Attorney Jeff Ballinger notified the City Council and public that there would be no Closed Session. 6.1.1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Case: United States of America v. City of San Jacinto; Case No. EDCV12-1966 6.1.2 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Case: Bilal-Varney, et al. v. City of San Jacinto; Case No. EDCV12-02191 6.2 CLOSED SESSION - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 7. ADJOURNMENT With no further business before the City Council, Mayor Alonso Ledezma adjourned the Regular Meeting of the City Council at 7:39 p.m. ______________________ Alonso Ledezma, Mayor ATTEST: ___________________ Richard Miller, City Clerk Approved as read: ________ Approved as amended: ____ PACKET PAGE: 8 AGENDA ITEM 3A.2 February 18, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Thomas Prill, Finance Director SUBJECT: Warrants and Disbursements – January 2014 RECOMMENDATION: Staff recommends that the City Council review and approve Warrants and Disbursements for the period of January 1 through January 31, 2014 in the amount of $ 4,432,919.27. 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: # 107568-107918 Various $ 4,024,872.77 Payroll: Pay Period # 01 # 21747-21762 01/09/2014 $ 116,621.01 Includes Warrants, Direct Deposits, Taxes, Garnishments Payroll: Pay Period # 02 # 21763-217478 01/23/2014 $ 118,493.76 Includes Warrants, Direct Deposits, Taxes, Garnishments Electronic Funds Various $ 172,931.73 Total Disbursements – Period of January 1-31, 2014 $ 4,432,919.27 Prepared by: Judy Kelley, Account Clerk II Known Councilmember Conflicts: Check #’s 107698, 107804, 107828. FISCAL IMPACT: Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been appropriated in the adjusted FY 2013-14 budget. Attachments: Accounts Payable Warrant Report – January 1-31, 2014 Electronic Funds Transfer Report – January 1-31, 2014 Note: Payroll information is on file in the Finance Department. PACKET PAGE: 9 AGENDA ITEM 3A.3 PACKET PAGE: 11AGENDA ITEM 3A.3 PACKET PAGE: 12AGENDA ITEM 3A.3 PACKET PAGE: 13AGENDA ITEM 3A.3 PACKET PAGE: 14AGENDA ITEM 3A.3 PACKET PAGE: 15AGENDA ITEM 3A.3 PACKET PAGE: 16AGENDA ITEM 3A.3 PACKET PAGE: 17AGENDA ITEM 3A.3 PACKET PAGE: 18AGENDA ITEM 3A.3 PACKET PAGE: 19AGENDA ITEM 3A.3 PACKET PAGE: 20AGENDA ITEM 3A.3 PACKET PAGE: 21AGENDA ITEM 3A.3 PACKET PAGE: 22AGENDA ITEM 3A.3 PACKET PAGE: 23AGENDA ITEM 3A.3 PACKET PAGE: 24AGENDA ITEM 3A.3 PACKET PAGE: 25AGENDA ITEM 3A.3 PACKET PAGE: 26AGENDA ITEM 3A.3 PACKET PAGE: 27AGENDA ITEM 3A.3 PACKET PAGE: 28AGENDA ITEM 3A.3 PACKET PAGE: 29AGENDA ITEM 3A.3 PACKET PAGE: 30AGENDA ITEM 3A.3 PACKET PAGE: 31AGENDA ITEM 3A.3 PACKET PAGE: 32AGENDA ITEM 3A.3 PACKET PAGE: 33AGENDA ITEM 3A.3 PACKET PAGE: 34AGENDA ITEM 3A.3 PACKET PAGE: 35AGENDA ITEM 3A.3 PACKET PAGE: 36AGENDA ITEM 3A.3 PACKET PAGE: 37AGENDA ITEM 3A.3 PACKET PAGE: 38AGENDA ITEM 3A.3 PACKET PAGE: 39AGENDA ITEM 3A.3 PACKET PAGE: 40AGENDA ITEM 3A.3 PACKET PAGE: 41AGENDA ITEM 3A.3 PACKET PAGE: 42AGENDA ITEM 3A.3 PACKET PAGE: 43AGENDA ITEM 3A.3 PACKET PAGE: 44AGENDA ITEM 3A.3 PACKET PAGE: 45AGENDA ITEM 3A.3 PACKET PAGE: 46AGENDA ITEM 3A.3 PACKET PAGE: 47AGENDA ITEM 3A.3 PACKET PAGE: 48AGENDA ITEM 3A.3 PACKET PAGE: 49AGENDA ITEM 3A.3 PACKET PAGE: 50AGENDA ITEM 3A.3 PACKET PAGE: 51AGENDA ITEM 3A.3 PACKET PAGE: 52AGENDA ITEM 3A.3 PACKET PAGE: 53AGENDA ITEM 3A.3 PACKET PAGE: 54AGENDA ITEM 3A.3 PACKET PAGE: 55AGENDA ITEM 3A.3 PACKET PAGE: 56AGENDA ITEM 3A.3 PACKET PAGE: 57AGENDA ITEM 3A.3 PACKET PAGE: 58AGENDA ITEM 3A.3 PACKET PAGE: 59AGENDA ITEM 3A.3 PACKET PAGE: 60AGENDA ITEM 3A.3 February 18, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Thomas Prill, Finance Director Kaleena Richards, City Treasurer SUBJECT: Investment Advisor's Response to Query - Chandler Asset Management RECOMMENDATION: Receive and File DISCUSSION: At the February 4, 2014, City Council meeting, the December Treasurer’s Report was presented with responses from the City’s Investment Advisors to a question posed by Council Member Kotyuk at the January 7, 2014, City Council meeting. However, one of the advisor’s responses was inadvertently excluded from the presentation. Accordingly, the response from Chandler Asset Management is presented here. FISCAL IMPACT: None anticipated. ATTACHMENTS: E-mailed response from Chandler Asset Management PACKET PAGE: 61 AGENDA ITEM 3A.4 PACKET PAGE: 63AGENDA ITEM 3A.4 February 18, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Lynn Merrill, Interim Public Works Director SUBJECT: Cooperation Agreement for Park Maintenance – Valley Wide Recreation and Park District RECOMMENDATION: By motion, approve a Cooperation Agreement for Park Maintenance with Valley Wide Recreation and Park District, and authorize the Mayor to execute the Agreement. BACKGROUND: In 2008, the City accepted Colonel Millet Park as part of a previous development project. The five (5) acre park consists of a lighted soccer field, basketball court, tot lot and restroom facilities. At the time of acceptance, only six homes were completed; this situation remains the same. On November 6, 2008, the City entered into a Cooperative Agreement with Valley Wide Recreation and Park District for park maintenance and management of the site. The term of this past agreement included a five (5) year period. This agreement expired in November 2013, and both the City and Valley Wide have expressed interest in continuing this arrangement for an additional period of time. DISCUSSION: Due to its location and the level of amenities in the park, Valley Wide Recreation and Park District has expressed an interest in continuing to manage the soccer field. In exchange, Valley Wide has agreed to provide the maintenance of the park. The City would be responsible for the cost of providing water. As part of this agreement, Valley Wide would control the recreation activities of the park, such as the use of the soccer field and the hours of operation. However, the hours of use are subject to approval by the City Manager. The term of the renewed cooperative agreement shall be for three (3) years, plus two (2) one-year options for a maximum of five (5) years. PACKET PAGE: 65 AGENDA ITEM 3A.5 ALTERNATIVES: 1. Approve agreement. 2. Deny agreement. 3. Discuss and give further direction. FISCAL IMPACT: The City would continue to be responsible financially for payment of water usage (via EMWD) at the park, which is budgeted at $16,800 in FY 13-14. (Account #376-8831- 500-35-10). Considering the lack of funds from this LLPD#2 zone to pay for this expense, it is covered by rental proceeds from a cell tower elsewhere in the City. ATTACHMENTS: 1. Agreement PACKET PAGE: 66 AGENDA ITEM 3A.5 City of San Jacinto and ValleyCity of San Jacinto and ValleyCity of San Jacinto and ValleyCity of San Jacinto and Valley----Wide Recreation and Park District Wide Recreation and Park District Wide Recreation and Park District Wide Recreation and Park District Cooperation Agreement for Park Maintenance and OperationsCooperation Agreement for Park Maintenance and OperationsCooperation Agreement for Park Maintenance and OperationsCooperation Agreement for Park Maintenance and Operations 1.1.1.1. PARTIES AND DATE.PARTIES AND DATE.PARTIES AND DATE.PARTIES AND DATE. This Cooperation Agreement for Park Maintenance and Operation (“Agreement”) is entered into this ______ day of ______ , 2014 by and between the City of San Jacinto, a municipal corporation (“City”) and Valley-Wide Recreation and Park District, a public agency (“District”). 2.2.2.2. RECITALS.RECITALS.RECITALS.RECITALS. 2.12.12.12.1 City is the owner of a certain park located in San Jacinto, California, commonly known as Col. Millet Park (“Park”) in the Shea Homes Development, as identified on Exhibit “A” attached hereto and incorporated herein; and 2.22.22.22.2 City desires that District operate said Park as part of its overall program of recreation for the citizen within the District in conjunction with this program, District intends to offer organized activities at the Park. 3.3.3.3. TERMS.TERMS.TERMS.TERMS. 3.13.13.13.1 General Scope of ServicesGeneral Scope of ServicesGeneral Scope of ServicesGeneral Scope of Services 3.1.13.1.13.1.13.1.1 District.District.District.District. District shall administrate, operate and control the recreational uses of the Park. District shall hire, provide and supervise all staff and any other personnel necessary to carry out the maintenance, operational, and recreational functions at the Park. District shall provide all general maintenance and care, including but not limited to mowing, weeding, trash removal, general cleaning, and maintenance of the grounds and building within the Park. District shall provide all general maintenance equipment and supplies necessary to accomplish this provision. 3.1.23.1.23.1.23.1.2 City.City.City.City. City shall pay the utility expenses for the water used in the operation of the Park; cover the cost of damage due to vandalism and graffiti for the park fixtures; repair large irrigation repairs such as mainline breaks; reimburse Valley-Wide costs of streetlights or building operation that may be tied to the SCE meter at the park. 3.23.23.23.2 Term. Term. Term. Term. The term of this Agreement shall be for three (3) years, plus two (2) one year options for a maximum of five (5) years, commencing on ________ , 2014 to __________ , 2017 unless terminated as provided herein. 3.33.33.33.3 Hours of Operation. Hours of Operation. Hours of Operation. Hours of Operation. The hours of operation of the Park shall be established within the direction of the District, with the approval of the City Manager. 3.43.43.43.4 Control and Payment of Subordinates. Control and Payment of Subordinates. Control and Payment of Subordinates. Control and Payment of Subordinates. Independent Contractor. All general maintenance and care of the grounds and buildings shall be performed by District or under its supervision. District will determine the means, methods and details of performing the services subject to the requirements of this Agreement. City retains District on an independent contractor basis and not as an employee. Any additional personnel performing services under this Agreement on behalf of District shall also not be employee’s of City and shall at all times be under District’s exclusive direction PACKET PAGE: 67 AGENDA ITEM 3A.5 and control. District 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. District 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. 3.53.53.53.5 InsuranceInsuranceInsuranceInsurance 3.5.13.5.13.5.13.5.1 Minimum Scope of Insurance. Minimum Scope of Insurance. Minimum Scope of Insurance. Minimum Scope of Insurance. District shall procure and maintain throughout the term of the Agreement, at their sole cost and expense, the following types on insurance to govern their operation, maintenance and use of the Park: (1) comprehensive general liability and property damage insurance; (2) automobile insurance; and (3) workers compensation insurance (as required by state law) and employers’ liability insurance. Such insurance shall insure against all claims for death and injuries to person and damages to property which may arise from or in connection with their use of the Park, including, but not limited to, injuries to third parties such as participants and invitees. 3.5.23.5.23.5.23.5.2 Minimum Limits of Insurance. Minimum Limits of Insurance. Minimum Limits of Insurance. Minimum Limits of Insurance. Coverage’s shall provide 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 a general aggregate limit is used, either the general aggregate limit shall apply separately to the Agreement 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. Employee liability limits of $1,000,000 per accident for bodily injury or disease. 3.5.33.5.33.5.33.5.3 Insurance Endorsement. Insurance Endorsement. Insurance Endorsement. Insurance Endorsement. The insurance policies shall contain the following provision, or the District shall provide endorsements to add the following provision to the insurance policies: A. General Liability. The general liability policy shall be endorsed to state that: (A) the City and its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured’s with respect to the performance of the Agreement by the District and its officials, officers, agents, representatives, employees or volunteers, including material, parts or equipment furnished in connection with such services; and (B) the insurance coverage shall be primary insurance with respect to the City and its directors, officials officers, employees, agents and volunteers or if excess, shall stand-in an unbroken chain of coverage excess of the Districts scheduled underlying coverage. Any insurance or self-insurance maintained by the City or its directors, officials, officers, employees, agents and volunteers, shall be excess of the insuring party‘s insurance and shall not be called upon to contribute with it in anyway. B. Automobile Liability. The automobile liability policy shall be endorsed to state that: (A) the City and its directors, officials, officers, employees and agents shall be covered as additional insured’s with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the District or for which the District is responsible; and (B) the insurance coverage shall be primary insurance with respect to the City and its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Districts scheduled underlying coverage. Any insurance or self-insurance maintained by the City or its directors, officials, officers, employees, agents and volunteers shall have access of the Districts insurance and shall not be called upon to contribute PACKET PAGE: 68 AGENDA ITEM 3A.5 with it any way. C. Workers’ Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City and 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 District. D. All Coverage’s. 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 and its directors, officials, officers, employees, agents and volunteers. 3.5.43.5.43.5.43.5.4 Separation of Insured’s: No Special limitation. All insurance required by this Section shall contain standard separation of insured’s provision. In addition, such insurance shall not contain any special limitation on the scope of protection afforded to the City or its directors, officials, officers, employees, agents and volunteers. 3.5.53.5.53.5.53.5.5 Acceptability or Insurers. Insurance is to be placed with insurers with a current AM Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City. 3.5.63.5.63.5.63.5.6 Verification of Coverage. District shall furnish the City with original certificate of insurance and endorsements affecting 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. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.5.73.5.73.5.73.5.7 Contractor Insurance Requirements. District shall require its contractors performing work on the Park to procure and maintain the same insurance required of the District under this Section. District shall not allow any of its contractors to commence work until the contractors have provided evidence satisfactory to the City that they have all insurance required under this Section. City shall be included in the endorsement requirements noted above. 3.63.63.63.6 Indemnification – District. District shall defend, indemnify and hold the City and its directors, officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law of equity, to property or person, including wrongful death, in any manner arising out of or incident to any actual, alleged or negligent acts, omission or willful misconduct or District, its officials, officers, employees, agents, consultants and contractors arising out of the performance of the operation, maintenance and use of the Park under this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. District shall defend, at District’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings that may be brought or instituted against the City and its directors, officials, officers, employees, agents and volunteers. District shall pay and satisfy any judgment, award of decree that may be rendered against the City or its directors, officials, officers, employees, agents and volunteers in any such aforesaid suit, action or other legal proceeding. District shall reimburse the City and its directors, officials, officers, PACKET PAGE: 69 AGENDA ITEM 3A.5 employees, agents and volunteers and/or agents, for any and legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. District’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City and their directors, officials, officers, employees, agents or volunteers. 3.6.13.6.13.6.13.6.1 Indemnification – City. City shall defend, indemnify and hold the District and its directors, officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any actual, alleged or negligent acts, omissions or willful misconduct of City, it officials, officers, employees, agents, consultants and contractors arising out of the performance of the operation, maintenance and use of the Park under this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. City shall defend, at City’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings that may be brought or instituted against the District and its directors, officials, officers, employees, agents or volunteers City shall pay and satisfy any judgment, award or decree that may be rendered against the District or its directors, officials, officers, employees, agents and volunteers in any such aforesaid suit, action or other legal proceeding. City shall reimburse the District and its directors, officials, officers, employees, volunteers and/or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provide. City obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the District and their directors, officials, officers, employees, agents and volunteers. 3.73.73.73.7 Safety. District shall provide services so as to avoid injury or damage to any person or property. In carrying out its services, District 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. 3.83.83.83.8 Assignment and Sublease. District shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any assignees, hypothecates, or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.93.93.93.9 Operation/Contracts. District and City shall provide each other with the names and telephone numbers of personnel that are responsible for the day-to-day operations of programs and facilities. Said list shall be updated as needed bases on personnel changes. 3.103.103.103.10 Notices. All notices required or given under this Agreement shall be in writing and shall be sent first class mail, recognized express delivery service, by personal delivery, or by facsimile (with appropriate acknowledgment of transmission retained). Unless notice of changed information is provided by either Party pursuant to this Section, the flowing addresses shall be used: City: City of San Jacinto District: Valley-Wide Recreation 595 S. San Jacinto Avenue 901 E. Esplanade Avenue San Jacinto, CA 92583 San Jacinto, CA 92583 Attn: Tim Hults Attn: Dean Witter 3.113.113.113.11 Validity. If any one or more of the terms, provision, promises, covenants, or PACKET PAGE: 70 AGENDA ITEM 3A.5 conditions of this Agreement shall, to any extent, be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provision, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 3.123.123.123.12 Amendment. This Agreement sets forth the entire agreement between the City and the District with respect to the subject matter hereof, and all prior negotiations or understanding of the Parties, written or oral, are void. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.133.133.133.13 Waiver. The failure of either Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the same or different term, condition or covenant. 3.143.143.143.14 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same agreement. 3.153.153.153.15 Attorney’s Fees. If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this 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. IN WITNESS WHEREOF, the Parties have executed this Cooperation Agreement as of the first written above. CITY OF SAN JACINTOCITY OF SAN JACINTOCITY OF SAN JACINTOCITY OF SAN JACINTO VALLEYVALLEYVALLEYVALLEY----WIDE RECREATIONWIDE RECREATIONWIDE RECREATIONWIDE RECREATION AND PARK DISTRICTAND PARK DISTRICTAND PARK DISTRICTAND PARK DISTRICT __________________________________ __________________________________ Mayor Attest: __________________________________ Richard Miller City Clerk Approved as to Form: __________________________________ Best Best & Krieger LLP City Attorney PACKET PAGE: 71 AGENDA ITEM 3A.5 February 18, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Sharon Paisley, Development Director SUBJECT: Public Hearing Regarding the Use of Community Development Block Grant (CDBG) Funds and take public comments regarding the County of Riverside Consolidated Plan Update for the Years 2014-2019 RECOMMENDATION: Staff recommends that the City Council: 1. Conduct a Public Hearing to consider comments from the public regarding the use of Community Development Block Grant (CDBG) funds in San Jacinto for the years 2014-2019; and 2. By motion, authorize staff to transmit the City Council’s comments and public comments regarding the Riverside County Consolidated Plan Update for 2014- 2019. BACKGROUND: The City of San Jacinto receives an annual allocation of federal dollars through the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) Program. These funds are provided to cooperating cities through the Riverside County Economic Development Agency (EDA) through its Urban Counties Program. This Public Hearing satisfies the City’s requirement to take public comments on the community’s needs for use of CDBG funding over the next five years. DISCUSSION: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The CDBG Program brings federal dollars to local communities for the purpose of assisting low and moderate income residents through public services, infrastructure improvements, economic development programs, and the elimination of slums and blight. Funds are allocated through a complex formula based in part on total population and the total number of low and moderate income households within each participating city. To be eligible for CDBG funding, a program or project must meet at least one of the three national objectives: PACKET PAGE: 73 AGENDA ITEM 4.1 · Activities benefitting low and moderate income persons/households · Activities which aid in the prevention or elimination of slums or blight · Activities designed to meet community needs having a particular urgency Programs and/or projects must also meet the eligibility requirements of the Riverside County CDBG program, through which the City of San Jacinto receives its annual funding allocation. While the CDBG program allows for funding of Public Services, the program does not require that any specific amount of funds be utilized for Public Service Programs but does not allow more than 15% of the total allocation be utilized for Public Service Programs with the balance of funds being allocated to public facilities and economic development programs. The CDBG program does allow local jurisdictions to utilize 100% of their allocation for public facilities projects at the discretion of the local governing board. The County’s and subsequently the City’s allocation of CDBG funds were steadily reduced over the years due to declining funds available from the federal government. Likewise, the City’s annual allocation of funds to non-profit service organizations was reduced as were the funds for various City infrastructure projects and code enforcement program. Consequently, in 2007, the City Council began requesting that the EDA allow the City to utilize multiple-year allocation of funds for specific downtown street improvement projects, and said funds were matched by other federal and on-federal funds. When the last CDBG application was submitted to the County in December 2011, annual allocations were approximately $180,000. However, that amount could be adjusted upward or downward by HUD depending upon funding availability and other circumstances. With that said, the three-year CDBG allocation for program years 2012- 13, 2013-14 and 2014-15 was surprisingly $189,358 more than requested; and the $609,537 allocation was directed as follows: San Jacinto Downtown Street Improvement Project ($406,358) and Targeted Code Enforcement ($203,179). As a requirement of receiving CDBG funds, the City must provide the opportunity for public comment regarding proposed program and project funding. This Public Hearing provides that opportunity for the public. The City Council’s action(s) taken regarding the use of CDBG funds must be reported to EDA and HUD. The City Council may, after taking public comment, choose to fund one or more programs and/or projects requested by the public or it may allocate its funds to programs or projects that it considers will best benefit the community while meeting one or more of the national objectives. CONSOLIDATED PLAN UPDATE The County of Riverside is in the process of preparing the 2014-2019 Consolidated Plan as required by the U.S. Department of Housing and Urban Development. The Community Needs Assessment Survey is used to obtain input from County residents and other interested persons regarding affordable housing, community development, economic development and other needs of County residents. This Consolidated Plan allows the County to utilize the Community Development Block Grant (CDBG), PACKET PAGE: 74 AGENDA ITEM 4.1 Emergency Solutions Grant (ESG) and HOME Investment Partnership Aid (HOME) funds within the County. The U.S. Department of Housing and Urban Development mandates that all entitlement communities and jurisdictions receiving HUD funds consolidate the submission requirements of its Community Planning and Development (CPD) formula grant programs and prepare various community development strategies into one Consolidated Plan. The Consolidated Plan for Riverside County is a collaborative process by which the County and all of its participating jurisdictions establish a unified, strategic vision for community development and housing actions. It is the means to analyze, countywide needs including all participating jurisdictions and coordinate responses to the community’s needs. Consolidating CPD programs offers Riverside County and its participating jurisdictions a better chance to shape these and other existing programs into effective, coordinated neighborhood and community development strategies through which they revitalize their communities. These strategies are developed into a Five-Year Plan that allows the County and its participating jurisdictions to work towards eliminating the shortfalls within all jurisdictions over a five year period. Over the past years, the County of Riverside has successfully placed into service a variety of services, programs and projects which try to serve the needs of the widest range of population of the County. The Consolidated Plan is the means by which those needs are determined and helps to focus on each community’s needs and to set objectives for a five-year period and reports on the meeting of those objectives over time by the investment of resources which serve the widest range of the county’s population. To obtain input from the County’s population regarding what the County’s and community’s needs are, and how the County and communities would best be able to meet those needs, a Community Needs Assessment Survey was developed and distributed to the participating jurisdictions. City staff has made this survey available to the citizens of San Jacinto in English and Spanish by placing it on the city website for downloading and making it available at City Hall, (including the Planning/Building Counter; the City Clerk’s office and at the Community Center/Senior Center). In addition, two Community Outreach events either have been or will be held: one at the recreation building in the Villa Del Monte Mobilehome Park on January 16, 2014 and the other at the Valley-Hi Mobilehome Park on February 13, 2014, with the purpose of allowing the public an opportunity to obtain and complete this survey and to discuss the community’s needs. At the time of publication of this report, which was prior to the February 13 Community Outreach, staff received thirteen completed Community Needs Assessment Surveys. Updated Survey Results will be presented during the Public Hearing if additional surveys are submitted pursuant to the February 13 Community Outreach. PACKET PAGE: 75 AGENDA ITEM 4.1 Tonight the City Council is being asked to provide a City Council approved top five to ten priority needs for future funding. Upon completion of this Public Hearing, staff will transmit the completed Council approved Community Development Needs/CDBG Funding Priorities, minutes of the City Council’s meeting as well as copies of all Community Needs Assessment Surveys received to date, and proof of publication of the public notice for tonight’s Public Hearing to the Riverside County Economic Development Agency for inclusion within the Five-Year Consolidated Plan Update. Upon its completion and approval by the Riverside County Board of Supervisors, the City’s CDBG funding decision(s) and the County’s Consolidated Plan will be transmitted to HUD through its One-Year Action Plan and its Five-Year Consolidated Plan Update. ALTERNATIVES: 1) Authorize Staff to transmit the City Council’s comments and public comments regarding the County’s Consolidated Plan Update for the Years 2014-2019; or 2) Continue this item to a future specified date. FISCAL IMPACT: There is no budgetary impact of holding this Public Hearing. ATTACHMENTS: ● Results of Community Needs Assessment Surveys for Five-Year Consolidated Plan ● 2014-2019 Community Development Needs/Priorities W orksheet PACKET PAGE: 76 AGENDA ITEM 4.1 Repairs/Improvements to Housing HIGH MED LOW NO NEED Apartments 1 6 Rental Homes 1 5 Owner Occupied Homes 4 1 1 4 Improvements for Handicapped Accessibility 3 2 5 Exterior Property Maintenance/Code Enforcement 2 1 6 Help in Purchasing a Home 1 7 Needs of Homeless People Emergency Shelters 1 3 1 5 Transistional Housing 4 4 Supportive Services 2 1 4 Permanent Housing 1 1 5 Special Needs Housing Facilities Mental Illness 1 2 6 Drug/Alcohol Abuse 1 1 1 6 Elderly 3 2 4 HIV Needs 2 6 Veterans 5 5 Rental Assistance 1 1 4 Repairs to Owner Occupied Housing 4 1 2 Construction of New Housing Rental 1 6 For Sale 1 6 Lead Paint testing & Abatement 2 5 Tenant/Landlord Counseling 1 5 Residential Historic Preservation 1 4 Infrastructure Improvements Flood/Drainage Improvements 1 2 1 2 Water System Improvements 1 1 1 2 Street Improvements 9 2 1 Sewer Improvements 3 2 2 Sidewalks 2 1 1 3 Public Facilities Needs Senior Citizens Centers 4 5 2 Youth Centers 2 5 1 2 Centers for the Disabled 4 1 2 Child Care Centers/Preschool Daycare 2 4 Parks & Recreation Facilities 1 2 3 2 Parking Facilities 2 4 2 Community Centers 2 5 2 Fire Stations/Equipment 3 2 2 Public Service Needs Senior Citizens Services 6 3 1 Special Needs Services 5 2 1 2 Youth Services 3 1 1 4 City of San Jacinto 5-Year Consolidated Plan SURVEY RESULTS as of 1/16/14 PACKET PAGE: 77 AGENDA ITEM 4.1 HIGH MED LOW NO NEED Transportation Services 3 1 1 3 Services for Battered and Abused Spouses 2 2 1 2 Health Services 2 Services for Abused and Neglected Children 3 1 2 Substance Abuse Services 2 1 2 2 Employment Training 4 1 Crime Awareness 7 2 1 Fair Housing Counseling 1 1 2 3 Accessibility Needs Public Buildings 1 2 1 3 Park & Recreation facilities 2 2 3 Health Facilities 1 3 3 Economic Development Needs Neighborhood Based Small Business uses 3 1 3 Job Creation 4 2 2 Commercial Rehabilition 1 3 1 2 Business Support Services 2 1 3 PACKET PAGE: 78 AGENDA ITEM 4.1 1 CITY OF SAN JACINTO (2014-2019) COMMUNITY DEVELOPMENT NEEDS/CDBG FUNDING PRIORITIES Please provide the following “Council approved” community development needs/CDBG funding priorities by checking the most appropriate Need Level box for each Need Category listed below. This rating MUST include the city’s top (high) 5-10 priority needs. This report may be altered to better fit your City’s needs. NEEDS CATEGORY PRIORITY NEED LEVEL HIGH MEDIUM LOW NO NEED 1. Housing Needs     2. Infrastructure Improvements HIGH MEDIUM LOW NO NEED a. Flood/Drainage Improvements     b. Water System Improvements     c. Street Improvements     d. Sewer Improvements     e. Sidewalks     f. Other Infrastructure Needs (please identify) 3. Public Facilities Needs HIGH MEDIUM LOW NO NEED a. Senior Citizen Centers     b. Youth Centers     c. Centers for the Disabled     d. Child Care Centers/Preschool Daycare     e. Parks & Recreation Facilities     f. Parking Facilities     g. Community Centers     h. Fire Stations/Equipment     i. Other Neighborhood Facilities (please identify) 4. Public Service Needs HIGH MEDIUM LOW NO NEED a. Senior Citizen Services     b. Special Needs Services     c. Youth Services     d. Transportation Services     e. Services for Battered and Abused Spouses     f. Health Services     g. Services for Abused and Neglected Children     h. Substance Abuse Services     i. Employment Training     j. Crime Awareness     k. Fair Housing Counseling     l. Other Public Service Needs (please identify) 5. Accessibility Needs HIGH MEDIUM LOW NO NEED (Removal of Barriers to the Handicapped) a. Public Buildings     b. Park & Recreation Facilities     c. Health Facilities     d. Other Neighborhood Facilities/ Community Centers (please identify) _____________________ ____________________________________________________________________________________ 6. Economic Development Needs HIGH MEDIUM LOW NO NEED a. Neighborhood-Based Small Business uses (Laundromat, Grocery Market, etc.)     b. Job Creation     c. Commercial Rehabilitation     d. Business Support Services     e. Other Economic Development Needs (please identify) ____________________________________________________________________________________ Please return this form with the following documentation: 1. Copies of all completed community needs assessment surveys; 2. Public meetings – evidence of the public notice, sign-in sheets, agenda, as well as notes and comments; and 3. Public Hearing – evidence of the public notice and minute order. To: Riverside County Economic Development Agency Attention: Elizabeth Wilson 3403 Tenth Street, 4th Floor Riverside, CA 92501 (951) 955-8916 PACKET PAGE: 79 AGENDA ITEM 4.1 February 18, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Mary Lanier, Consultant SUBJECT: First Reading of Ordinance No. 14-01, Adopting Development Agreement No. 01-10 Amendment No. 1 between the City of San Jacinto and Frontier FH II, LLC RECOMMENDATION: The Planning Commission recommends that the City Council by motion, Introduce Ordinance 14-01, approving and adopting Development Agreement No. 01-10 Amendment No. 1. BACKGROUND/PROJECT DESCRIPTION: Development Agreement 01-10 between the City, Puente Holdings, LLC, and PBJT935927 Investments, LLC (“Owners”) was entered into on or about February 4, 2011 to facilitate development of Tentative Tract Map 31886 (Luz Del Sol), located between Ramona Expressway and Ramona Boulevard and east of Bridge Street. The Development Agreement included provisions for phasing of infrastructure improvements between two areas (Areas “A” and “B”), payment for Ramona Expressway improvements, fees to be paid, and fee credits. The related Tentative Tract Map 31886 was recorded and development commenced, but was stopped after some of the infrastructure was constructed and a few homes. The Owners did not meet the obligations of the Development Agreement and it is currently in default. Portions of Tentative Tract Map 31886 have been sold and one of the new owners, Frontier Communities/FH II, LLC, who now owns 151 lots, would like to move forward with development and amend the Development Agreement. The Planning Commission, during their February 6, 2014 Meeting adopted Resolution 14-03 recommending that the City council approve by ordinance, Development Agreement No. 01-10 Amendment No. 1. DISCUSSION: Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property. PACKET PAGE: 81 AGENDA ITEM 5.1 The purpose of Amendment No. 1 to the Development Agreement is to include Frontier as a successor in interest to the prior owner, with respect to Area “A” only, and amend certain terms. The Amendment also defines the ownership of the lots of Area A and Areas B-1 and 2, and makes no revisions to any obligations, burdens, requirements, benefits or credits for the owners or future owners of Areas "B-1" and "B-2". Details of the amended terms are contained in attached Amendment and as outlined below: · Amendment of Section 4.3.2, Street improvements a. Frontier shall pay the applicable Transportation Uniform Mitigation Fees. The Development Agreement provision was for a payment to the City for the construction of Ramona Expressway. This payment was not received; however, construction on Ramona Expressway is underway. b. A Development Agreement Fee in the amount of $1,000.00 per lot, to be paid prior to issuance of a certificate of occupancy on each lot. · Fee Credits equal to the Development Impact Fees payable for each lot in Area A would be provided for street, storm drain, sewer, and park improvements that are completed. · Frontier shall complete, prior to the 100th certificate of occupancy within Area A, Ramona Boulevard landscaping between lots 189 and 318 and landscaping on Lot V between lots 1 and 17. · Payment of code enforcement fines. · Payment of $75,000.00 for the alternative security fee. ENVIRONMENTAL ANALYSIS: The project has been adequately analyzed in earlier adopted mitigated negative declarations for TTM 31886. And a subsequent mitigated negative declaration is not required, because there are no changed circumstances pursuant to Section 15162. FISCAL IMPACT: This Amendment would have a positive fiscal impact on the City in the form of the Development Agreement Fee, improvements constructed and/or Development Impact Fees, and payment of outstanding code enforcement citations. ATTACHMENTS: City Council Ordinance No. 14-01 Amendment No. 1 to Development Agreement No. 01-10 Conditions of Approval Tentative Tract Map 31866 Area “A” Frontier Map Planning Commission Resolution No. 14-03 Development Agreement No. 01-10 PACKET PAGE: 82 AGENDA ITEM 5.1 STATE OF CALIFORNIA ) ORDINANCE NO. 14-01 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT NO. 01-10 AMENDMENT NO. 1 FOR SAN JACINTO LUZ DEL SOL (TRACT 31886) BETWEEN THE CITY OF SAN JACINTO AND FH II, LLC WHEREAS, pursuant to Section 65864, et seq., of the California Government Code, the City of San Jacinto (“City”) is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, on October 7, 2010, following all required and duly noticed public hearings, the City Council adopted Ordinance No. 10-07, making findings in support of and approving that certain Development Agreement No. 01-01 (“Development Agreement”) by and between the City and Puente Holdings, LLC (“Puente”), and PBJT935927 2008 Investments, LLC (“PBJT 2008”) for San Jacinto Luz Del Sol (Tract No. 31886). At that time, Puente and PBJT 2008 (collectively, the “Prior Owner”) were the owners and developers of Tract No. 31886 and intended to develop 321 units in a single-family, residential subdivision. Upon adopting Ordinance No. 10-07, the City Council also found that all of the procedures of the California Environmental Quality Act (Cal. Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) have been met with respect to the Development Agreement pursuant to the filing and adoption of a mitigated negative declaration for Tract No. 31886 concurrently with the City Council approval of Tentative Tract Map 31886 on October 7, 2004, attached to the Development Agreement; and WHEREAS, the Development Agreement became effective on or about February 4, 2011; and WHEREAS, following execution of the Development Agreement, ownership of Tract No. 31886 changed and is currently owned as follows: Lots 1-22, 151-159, 185- 220, 232-278, 282, 283, and 287-321, 151 lots total and known as “Area A”, are now owned by FH II, LLC (“Frontier” or “Developer”); Lots 23-46, 142-150 and 221-231, 44 lots total and known as “Area B-1”, are now owned by Temecula Mining Group and Water Rights, LLC, a California limited liability company (“Temecula”); and Lots 47-141 and 160- 184, 120 lots total and known as “Area B-2”, are now owned by Shea Homes Limited Partnership, a California limited partnership (“Shea”); and WHEREAS, Frontier is the successor in interest to Prior Owner with respect to Area A; and PACKET PAGE: 83 AGENDA ITEM 5.1 2 WHEREAS, City and Frontier now seek to amend the Development Agreement (“Amendment No. 1”) in certain respects according to the Development Agreement, as amended by the proposed Amendment No. 1, a copy of such proposed Amendment No. 1 is attached hereto as Exhibit “A;” and WHEREAS, with respect to Frontier and Area A only, the project covered under the Development Agreement generally consists of single family residential lot subdivisions for 151 lots and other related improvements (“Project”) and the purposes of the proposed Amendment No. 1, as specifically set forth therein, include clarifying current ownership of Tract No. 31886, waiving certain defaults under the Development Agreement, amending the terms and conditions of certain fees, fee credits, fines, and adding certain landscape improvement requirements; and WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the City’s requirements for development agreements, and amendments and extensions thereof; and WHEREAS, Amendment No. 1 is in accordance with Chapter 17.610 of the Development Code; and WHEREAS, development of the Property in accordance with the Development Agreement will provide substantial benefits to the City and will further important policies and goals of the City; and WHEREAS, all of the procedures of CEQA have been met pursuant to the filing and adoption of that very mitigated negative declaration for Tract No. 31886 concurrently with the City Council approval of Tentative Tract Map 31886 on October 7, 2004, as attached to the Development Agreement, as we;; as a Notice of Determination for Tentative Tract Map 31886 dated that same October 7, 2004 finding that the project will not have a significant effect on the environment pursuant to CEQA; and WHEREAS, on February 6, 2014 the Planning Commission of the City of San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on Amendment No. 1 at which time all persons wishing to testify in connection with Amendment No. 1 were heard and Amendment No. 1 was comprehensively reviewed and thereafter recommended that the City Council of the City of San Jacinto approve and adopt the Development Agreement Amendment No. 1; and WHEREAS, on February 18, 2014, the San Jacinto City Council conducted a duly noticed public hearing concerning the Development Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding the Development Agreement Amendment No. 1, and at which time the City Council thoroughly reviewed the Development Agreement Amendment No. 1; and PACKET PAGE: 84 AGENDA ITEM 5.1 3 THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance as though fully set forth herein. Section 2. Findings. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council adopts this Ordinance and approves Development Agreement No. 01-10 Amendment No. 1 based upon the following findings: A. That Amendment No. 1, by allowing for Frontier to take over for the Prior Owner of Area A that was in default of the Development Agreement due to non-performance and allowing for Area A to be developed according to the Development Agreement as amended by Amendment No. 1, provides a financial benefit to the City in the form of the collection of certain Transportation Uniform Mitigation Fees, certain Development Agreement Fees, certain compliance fines, and an alternative security fee (as the fees are defined and set forth in Amendment No. 1), and is therefore in the best interest of the City. B. That Amendment No. 1, by inserting an additional section requiring Frontier to install certain landscaping improvements in the Project in accordance with plans approved by the City and to dedicate such improvements once built to the City, the City will benefit from these additional improvements. C. That Amendment No. 1 is consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan because Amendment No. 1 will allow the Developer to complete the Project in a manner which the City Council previously found to be consistent with the City’s General Plan, and which the Planning Commission finds continues to be consistent therewith. D. That Amendment No. 1 is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located because the Amendment No. 1 does not change the allowed use of the subject property, which is the subject of an approved tract map. E. That Amendment No. 1 promotes the public health, safety and welfare of the community because Amendment No. 1 will permit and encourage the development of residential units, additional housing for residents, and will allow for the most efficient and logical development PACKET PAGE: 85 AGENDA ITEM 5.1 4 of the real property governed by the Development Agreement in the City. Section 3. Adoption of Development Agreement No. 01-10 Amendment No. 1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council hereby adopts Development Agreement No. 01-10 Amendment No. 1 as set forth in Exhibit “A”. Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto, the City Council has determined that the Project has been adequately analyzed in earlier adopted mitigated negative declarations, and a subsequent mitigated negative declaration is not required because there are no changed circumstances pursuant to Section 15162. Further, it can be seen with certainty that the approval of the Development Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines. Section 5. Notice of Determination. Staff is directed to file a Notice of Determination with the Riverside County Recorder’s Office within five (5) working days of adoption of this Ordinance. Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk’s office located at 595 S. San Jacinto Avenue, Building B, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Section 7. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation PACKET PAGE: 86 AGENDA ITEM 5.1 5 printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Introduced at a regular meeting of the City Council on the 18st day of February, 2014. ORDINANCE NO. __-__ PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council on the ____ day of March, 2014, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: City of San Jacinto: ______________________________ Alonzo Ledezma, Mayor ATTEST: _______________________________ Richard Miller, City Clerk PACKET PAGE: 87 AGENDA ITEM 5.1 Exhibit A EXHIBIT “A” DEVELOPMENT AGREEMENT N0. 01-10 AMENDMENT NO. 1 BY AND BETWEEN THE CITY OF SAN JACINTO AND FH II, LLC PACKET PAGE: 88 AGENDA ITEM 5.1 24438.80027\8564761.1 Recorded at request of ) Clerk, City Council ) City of San Jacinto ) ) When recorded return to ) City of San Jacinto ) 595 S. San Jacinto Avenue ) San Jacinto, CA 92583 ) Attention: City Clerk ) ________________________________________________________________________ Exempt from Filing Fees Govt. Code 6103 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 01-10 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JACINTO and FH II, LLC PACKET PAGE: 89 AGENDA ITEM 5.1 24438.80027\8564761.12 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 01-10 This Amendment No. 1 (“Amendment”) to Development Agreement No. 01-10is made by and between the City of San Jacinto (“City”) and FH II, LLC, a California limited liability company (“Frontier”) (collectively, the “Parties”) as of the Effective Date (defined below) and pursuant to the authority of Section 65864, et seq., of the Government Code of the State of California, and in light of the following recitals: I. RECITALS A. On or about February 4, 2011, the City and Puente Holdings, LLC, a California limited liability company and PBJT935927 2008 Investments LLC, a California limited liability company (collectively, “Prior Owner”)entered into Development Agreement No. 01-10 (“Agreement”). The Agreement concerns “Development” of the “Project” on the “Property” by the “Owner,” as those terms are defined in Section 1 of the Agreement. B. Following execution of the Agreement, ownership of the Property changed and Tract No. 31886 in the City of San Jacinto is currently owned as follows: Lots 1-22, 151-159, 185-220, 232- 278, 282, 283, and 287-321 (such 151 lots are legally described in Exhibit “A” attached hereto and incorporated by reference herein and are collectively referred to herein as “Area A”) by Frontier, Lots 23-46, 142-150 and 221-231 (such 44 lots collectively, “Area B-1”) by Temecula Mining Group and Water Rights, LLC, a California limited liability company (“Temecula”) and Lots 47-141 and 160-184 (such 120 lots collectively, “Area B-2”) by Shea Homes Limited Partnership, a California limited partnership (“Shea”). C. This Amendment makes no revisions to any obligations, burdens, requirements, benefits or credits for Shea or Temecula or any future owners of any portion of Area B-1 or Area B-2. D. Frontier is the successor in interest to Prior Owner with respect to Area A. All PACKET PAGE: 90 AGENDA ITEM 5.1 24438.80027\8564761.13 references in the Agreement to “Owner” that relate to Area A shall be interpreted to refer to Frontier. E. The Parties now seek to amend the Agreement in certain respects, as set forth below. II. TERMS OF THE AMENDMENT WHEREFORE, for valuable consideration, the receipt of which is hereby acknowledged by the Parties, the Parties hereby agree as follows: A. Effective Date of Amendment. This Amendment shall become effective on the date on which all of the following are true (“Effective Date”): (i) this Amendment has been executed by the Frontier’s duly authorized officers and officials and delivered to the City; (ii) this Amendment has been approved by ordinance of the City Council of the City and such ordinance has become effective; (iii) this Amendment has been duly executed by the Mayor of the City and delivered to Frontier. B. Recordation of Amendment. The City and Frontier hereby consent to the recordation of this Amendment and the Agreement in the Official Records of Riverside County, California, by the City Clerk following the Effective Date. C. Waiver of Delinquency. City hereby waives any and all defaults under the Agreement, existing as of the Effective Date, that pertain to Area A, Frontier, or any permitted future owner of Area A, including, without limitation, those referenced or referred to in the City’s letter dated December 10, 2013 from City to Frontier, as they pertain to Area A, Frontier, or any permitted future owner of Area A. Frontier and City hereby acknowledge and agree that the Agreement is in full force and effect with respect to Frontier and Area A, and that neither party knows of any current defaults or events, which given the passage of time, may result in a default of the Agreement with regard to Area A, Frontier, or any permitted future owner of Area A. City shall have no right to terminate the Agreement with respect to Frontier or any permitted future owner of Area A, except where Frontier or such future owner PACKET PAGE: 91 AGENDA ITEM 5.1 24438.80027\8564761.14 commits a material default of the Agreement pursuant to the terms thereof, as amended by this Amendment. D. Amendment to Notice Provision. Section 2.7 of the Agreement titled “Notices” shall be amended to update the City Attorney’s addresses and add Frontier’s address, as follows: with a copy to: Best Best & Krieger LLP 2855 East Guasti Road, Suite 400 Ontario, CA 91761 Attn: San Jacinto City Attorney If to Frontier: FH II, LLC 8300 Utica Avenue, Suite 300 Rancho Cucamonga, CA 92730 Attn: Legal Affairs E. Amendment of Section 4.3.2.Section 4.3.2 of the Agreement titled “Phase 1 – Street Improvements” is hereby deleted in its entirety and replaced with the following: “4.3.2 (a) TUMF Fees. Frontier shall pay the applicable Transportation Uniform Mitigation Fee (“TUMF”) fee for each lot in Area A. All such payments shall be non- refundable and shall be credited for payment of the TUMF payable with respect to the lots within Area A, in accordance with City/WRCOG/RCTC policies. Failure by Frontier to pay the TUMF Fee when due shall constitute a default on the part of Frontier under this Amendment and entitle City to exercise its remedies as hereinafter set forth. Except as expressly provided herein or in that certain Amendment to Agreement for Completion of Public Improvements Final Tract No. 31886 dated __, 2014, recorded on __, 2014 as Instrument No. 2014- (the “SIA Amendment”), Frontier, or any permitted future owner of Area A, shall have no obligation to perform or PACKET PAGE: 92 AGENDA ITEM 5.1 24438.80027\8564761.15 pay for (a) the street improvements necessary to complete Ramona Expressway Improvements according to the Bridge Road Improvement Plans for Tract 31886 approved by the City of San Jacinto City Engineer on December 2007, (b) the Ramona Boulevard Road Improvements Plans for Tract 31886 approved by the City of San Jacinto City Engineer on May 9, 2007, (c) the Offsite Storm Drain Improvement Plans for storm drain improvement plans approved by the City of San Jacinto City Engineer on January 11, 2007, (d) the Phase 2 Improvements, or (e) any improvements, including landscaping, of the Ramona Expressway median, or lampposts or other lighting for Ramona Expressway. Notwithstanding anything herein to the contrary, Frontier, or any permitted future owner of Area A shall have no obligation to pay any additional amount as a “Phase 1 In-Lieu Fee”. (b) Development Agreement Fee. Frontier shall pay a “Development Agreement Fee” in the amount of One Thousand Dollars ($1,000) per lot, as a condition precedent to the issuance of each certificate of occupancy for each lot within Area A. Notwithstanding anything herein to the contrary, Frontier shall not be obligated to pay to City the Development Agreement Fee for Area A prior to Frontier’s application for a certificate of occupancy for a lot. Provided Frontier has satisfied all other conditions of City for the issuance of a certificate of occupancy and pays to City the Development Agreement Fee for Area A, Frontier shall be entitled to receive and City shall issue a certificate of occupancy for each lot comprising Area A and no additional City Development Impact Fee pertaining to Tract 31886 shall apply to Area A, including but not limited to the Phase 2 In-Lieu Fee. Notwithstanding any provision contained in the Agreement or this Amendment, Frontier shall pay any applicable pass through PACKET PAGE: 93 AGENDA ITEM 5.1 24438.80027\8564761.16 development impact fees (i.e., those development impact fees that are established by other public agencies (i.e., school district, RCA, etc.) but collected by the City).” F. Fee Credits. Section 4.3.4 of the Agreement titled “Ramona Boulevard” is hereby deleted in its entirety and replaced with the following: “4.3.4 Fee Credits. Frontier and City acknowledge that certain improvements have been completed prior to the Effective Date consisting of street improvements, storm drain improvements and sewer improvements to Ramona Boulevard and certain park improvements to the Park site on Lot “U” of Tract 31886 at a cost in excess of the Development Impact Fees attributable to Area A. Frontier and City agree that Frontier shall be entitled to a credit for the completed work equal to the Development Impact Fees payable with respect to the lots within Area A.” G. Landscape Improvements. A new Section 4.3.8 is added to the Agreement as follows: “4.3.8 Landscape Improvements. Frontier shall be responsible to perform the following improvements, in accordance with plans approved by City, prior to the issuance of the 100th certificate of occupancy within Area A: (a) Ramona Boulevard frontage landscaping between lots 189 and 318 of Tract 31886 (the “Tract”) and (b) landscaping on Lot V between lots 1 and 17 of the Tract. City shall accept dedication of such improvements (including fee simple title to Lot V of the Tract) upon Frontier’s completion of such improvement.” H. Compliance Fines. Within thirty (30) days following the Effective Date of this Amendment, Frontier shall pay to City the City’s actual cost of enforcement of fines relating to Area A, including, without limitation, nuisance fines for failure to timely perform weed abatement. I. Alternative Security Fee. Frontier shall pay to City within thirty (30) days following PACKET PAGE: 94 AGENDA ITEM 5.1 24438.80027\8564761.17 the Effective Date of this Amendment, the sum of Seventy-Five Thousand Dollars ($75,000) in full satisfaction of any and all amounts owing the City for the alternative security fee as set forth in that certain Amendment to Agreement for Completion of Public Improvements Final Tract No. 31886 dated November 30, 2009, recorded on December 14, 2009 as Instrument No. 2009-0640429. This obligation is the same as, and not separate from, the requirement set forth in Paragraph 3.1 of the SIA Amendment. J. No Other Changes. Except as expressly amended by this Amendment, all of the other terms and conditions of the Agreement remain in full force and effect. Nothing contained in this Amendment shall be deemed to affect the rights and responsibilities of the City with regard to any other owner(s) or developer(s) of Tract 31886. K. Severability. If any provisions of this Amendment shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired thereby. L. Governing Law; Venue. This Amendment shall be interpreted in accordance with the Laws of the State of California. Venue shall be in Riverside County. M. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Amendment by reference as though fully set forth herein. PACKET PAGE: 95 AGENDA ITEM 5.1 24438.80027\8564761.18 SIGNATURE PAGE TO AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 01-10 IN WITNESS WHEREOF, City and Frontier have caused this Amendment to be duly executed on the date set forth below. CITY OF SAN JACINTO FH II, LLC dba Frontier Communities By:_________________________ Alonso Ledezma, Mayor Date: _____________________ By:________________________ Its: _______________________ Date: _____________________ Attest: By: _______________________ City Clerk Approved as to form: Best Best & Krieger LLP By: _____________________ City Attorney [Signatures must be notarized] PACKET PAGE: 96 AGENDA ITEM 5.1 24438.80027\8564761.19 EXHIBIT “A” LEGAL DESCRIPTION OF AREA “A” [***INSERT LEGAL DESCRIPTION***] PACKET PAGE: 97 AGENDA ITEM 5.1 Page 1 of 1 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL February 18, 2014 Development Agreement No. 01-10 Amendment No. 1 Applicant: Frontier Communities General Conditions 1. The applicant agrees to indemnify, hold harmless, and defend the City, its officials, officers, agents and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this permit, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. 2. The applicant will comply with Conditions of Approval for Tentative Tract 31886. 3. The applicant shall pay any outstanding planning application or processing fees within ten (10) days of City’s request therefor. PACKET PAGE: 99 AGENDA ITEM 5.1 PACKET PAGE: 101AGENDA ITEM 5.1 PACKET PAGE: 102AGENDA ITEM 5.1 24438.80027\8575866.1 RESOLUTION NO. 14-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 01-10 FOR SAN JACINTO LUZ DEL SOL (TRACT 31886) BETWEEN THE CITY OF SAN JACINTO AND FH II, LLC WHEREAS, pursuant to Section 65864, et seq., of the California Government Code, the City of San Jacinto (“City”) is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, on October 7, 2010, following all required and duly noticed public hearings, the City Council adopted Ordinance No. 10-07, making findings in support of and approving that certain Development Agreement No. 01-01 (“Development Agreement”) by and between the City and Puente Holdings, LLC (“Puente”), and PBJT935927 2008 Investments, LLC (“PBJT 2008”) for San Jacinto Luz Del Sol (Tract No. 31886). At that time, Puente and PBJT 2008 (collectively, the “Prior Owner”) were the owners and developers of Tract No. 31886 and intended to develop 321 units in a single-family, residential subdivision. Upon adopting Ordinance No. 10-07, the City Council also found that all of the procedures of the California Environmental Quality Act (Cal. Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) have been met with respect to the Development Agreement pursuant to the filing and adoption of a mitigated negative declaration for Tract No. 31886 concurrently with the City Council approval of Tentative Tract Map 31886 on October 7, 2004, attached to the Development Agreement; and WHEREAS, the Development Agreement became effective on or about February 4, 2011; and WHEREAS, following execution of the Development Agreement, ownership of Tract No. 31886 changed and is currently owned as follows: Lots 1-22, 151-159, 185- 220, 232-278, 282, 283, and 287-321, 151 lots total and known as “Area A”, are now owned by FH II, LLC (“Frontier” or “Developer”); Lots 23-46, 142-150 and 221-231, 44 lots total and known as “Area B-1”, are now owned by Temecula Mining Group and Water Rights, LLC, a California limited liability company (“Temecula”); and Lots 47-141 and 160- 184, 120 lots total and known as “Area B-2”, are now owned by Shea Homes Limited Partnership, a California limited partnership (“Shea”); and WHEREAS, Frontier is the successor in interest to Prior Owner with respect to Area A; and WHEREAS, City and Frontier now seek to amend the Development Agreement (“Amendment No. 1”) in certain respects according to the Development PACKET PAGE: 103 AGENDA ITEM 5.1 24438.80027\8575866.1 2 Agreement, as amended by the proposed Amendment No. 1, a copy of such proposed Amendment No. 1 is attached hereto as Exhibit “A;” and WHEREAS, with respect to Frontier and Area A only, the project covered under the Development Agreement generally consists of single family residential lot subdivisions for 151 lots and other related improvements (“Project”) and the purposes of the proposed Amendment No. 1, as specifically set forth therein, include clarifying current ownership of Tract No. 31886, waiving certain defaults under the Development Agreement, amending the terms and conditions of certain fees, fee credits, fines, and adding certain landscape improvement requirements; and WHEREAS, Chapter 17.610 of the City’s Development Code sets forth the City’s requirements for development agreements, and amendments and extensions thereof; and WHEREAS, Amendment No. 1 is in accordance with Chapter 17.610 of the Development Code; and WHEREAS, all of the procedures of CEQA have been met pursuant to the filing and adoption of that very mitigated negative declaration for Tract No. 31886 concurrently with the City Council approval of Tentative Tract Map 31886 on October 7, 2004, as attached to the Development Agreement, as we;; as a Notice of Determination for Tentative Tract Map 31886 dated that same October 7, 2004 finding that the project will not have a significant effect on the environment pursuant to CEQA; and WHEREAS, on February 6, 2014 the Planning Commission of the City of San Jacinto (“Planning Commission”) conducted a duly noticed public hearing on Amendment No. 1 at which time all persons wishing to testify in connection with Amendment No. 1 were heard and Amendment No. 1 was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. All of the Recitals set forth above and true and incorporated herein by this reference. SECTION 2. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the Planning Commission recommends that the City Council of the City of San Jacinto approve by ordinance Amendment No. 1 to the Development Agreement as set forth in Exhibit “A” attached hereto and incorporated herein by reference, based upon the following findings: PACKET PAGE: 104 AGENDA ITEM 5.1 24438.80027\8575866.1 3 A. That Amendment No. 1, by allowing for Frontier to take over for the Prior Owner of Area A that was in default of the Development Agreement due to non- performance and allowing for Area A to be developed according to the Development Agreement as amended by Amendment No. 1, provides a financial benefit to the City in the form of the collection of certain Transportation Uniform Mitigation Fees, certain Development Agreement Fees, certain compliance fines, and an alternative security fee (as the fees are defined and set forth in Amendment No. 1), and is therefore in the best interest of the City. B. That Amendment No. 1, by inserting an additional section requiring Frontier to install certain landscaping improvements in the Project in accordance with plans approved by the City and to dedicate such improvements once built to the City, the City will benefit from these additional improvements. C That Amendment No. 1 is consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan because Amendment No. 1 will allow the Developer to complete the Project in a manner which the City Council previously found to be consistent with the City’s General Plan, and which the Planning Commission finds continues to be consistent therewith. D. That Amendment No. 1 is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located because the Amendment No. 1 does not change the allowed use of the subject property, which is the subject of an approved tract map. E That Amendment No. 1 promotes the public health, safety and welfare of the community because Amendment No. 1 will permit and encourage the development of residential units, additional housing for residents, and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City. SECTION 3. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the Planning Commission recommends that the City Council of the City of San Jacinto adopt Amendment No. 1 to the Development Agreement as set forth in Exhibit “A”. SECTION 4. The Planning Commission has reviewed the adopted mitigated negative declaration attached to the Development Agreement, and all written and oral evidence presented, and the Planning Commission hereby finds that Amendment No. 1 complies with CEQA. PACKET PAGE: 105 AGENDA ITEM 5.1 24438.80027\8575866.1 4 SECTION 5. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED, this 6th day of February, 2014. __________________________________ Jerry Mossbarger, Chairman ATTEST: __________________________________ Jan Catron, Planning Commission Secretary PACKET PAGE: 106 AGENDA ITEM 5.1 Exhibit A 24438.80027\8575866.1 EXHIBIT “A” AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT N0. 01-10 FOR SAN JACINTO LUZ DEL SOL (TRACT 31886) BETWEEN THE CITY OF SAN JACINTO AND FH II, LLC PACKET PAGE: 107 AGENDA ITEM 5.1 PACKET PAGE: 109AGENDA ITEM 5.1 PACKET PAGE: 110AGENDA ITEM 5.1 PACKET PAGE: 111AGENDA ITEM 5.1 PACKET PAGE: 112AGENDA ITEM 5.1 PACKET PAGE: 113AGENDA ITEM 5.1 PACKET PAGE: 114AGENDA ITEM 5.1 PACKET PAGE: 115AGENDA ITEM 5.1 PACKET PAGE: 116AGENDA ITEM 5.1 PACKET PAGE: 117AGENDA ITEM 5.1 PACKET PAGE: 118AGENDA ITEM 5.1 PACKET PAGE: 119AGENDA ITEM 5.1 PACKET PAGE: 120AGENDA ITEM 5.1 PACKET PAGE: 121AGENDA ITEM 5.1 PACKET PAGE: 122AGENDA ITEM 5.1 PACKET PAGE: 123AGENDA ITEM 5.1 PACKET PAGE: 124AGENDA ITEM 5.1 PACKET PAGE: 125AGENDA ITEM 5.1 PACKET PAGE: 126AGENDA ITEM 5.1 PACKET PAGE: 127AGENDA ITEM 5.1 PACKET PAGE: 128AGENDA ITEM 5.1 PACKET PAGE: 129AGENDA ITEM 5.1 PACKET PAGE: 130AGENDA ITEM 5.1 PACKET PAGE: 131AGENDA ITEM 5.1 PACKET PAGE: 132AGENDA ITEM 5.1 PACKET PAGE: 133AGENDA ITEM 5.1 PACKET PAGE: 134AGENDA ITEM 5.1 PACKET PAGE: 135AGENDA ITEM 5.1 PACKET PAGE: 136AGENDA ITEM 5.1 PACKET PAGE: 137AGENDA ITEM 5.1 PACKET PAGE: 138AGENDA ITEM 5.1 PACKET PAGE: 139AGENDA ITEM 5.1 PACKET PAGE: 140AGENDA ITEM 5.1 PACKET PAGE: 141AGENDA ITEM 5.1 PACKET PAGE: 142AGENDA ITEM 5.1 PACKET PAGE: 143AGENDA ITEM 5.1 PACKET PAGE: 144AGENDA ITEM 5.1 PACKET PAGE: 145AGENDA ITEM 5.1 PACKET PAGE: 146AGENDA ITEM 5.1 PACKET PAGE: 147AGENDA ITEM 5.1 PACKET PAGE: 148AGENDA ITEM 5.1 PACKET PAGE: 149AGENDA ITEM 5.1 PACKET PAGE: 150AGENDA ITEM 5.1 PACKET PAGE: 151AGENDA ITEM 5.1 PACKET PAGE: 152AGENDA ITEM 5.1 PACKET PAGE: 153AGENDA ITEM 5.1 PACKET PAGE: 154AGENDA ITEM 5.1 PACKET PAGE: 155AGENDA ITEM 5.1 PACKET PAGE: 156AGENDA ITEM 5.1 PACKET PAGE: 157AGENDA ITEM 5.1 PACKET PAGE: 158AGENDA ITEM 5.1 PACKET PAGE: 159AGENDA ITEM 5.1 PACKET PAGE: 160AGENDA ITEM 5.1 PACKET PAGE: 161AGENDA ITEM 5.1 PACKET PAGE: 162AGENDA ITEM 5.1 PACKET PAGE: 163AGENDA ITEM 5.1 PACKET PAGE: 164AGENDA ITEM 5.1 PACKET PAGE: 165AGENDA ITEM 5.1 PACKET PAGE: 166AGENDA ITEM 5.1 PACKET PAGE: 167AGENDA ITEM 5.1 PACKET PAGE: 168AGENDA ITEM 5.1 PACKET PAGE: 169AGENDA ITEM 5.1 PACKET PAGE: 170AGENDA ITEM 5.1 PACKET PAGE: 171AGENDA ITEM 5.1 PACKET PAGE: 172AGENDA ITEM 5.1 PACKET PAGE: 173AGENDA ITEM 5.1 PACKET PAGE: 174AGENDA ITEM 5.1 PACKET PAGE: 175AGENDA ITEM 5.1 PACKET PAGE: 176AGENDA ITEM 5.1 PACKET PAGE: 177AGENDA ITEM 5.1 PACKET PAGE: 178AGENDA ITEM 5.1 PACKET PAGE: 179AGENDA ITEM 5.1 PACKET PAGE: 180AGENDA ITEM 5.1 PACKET PAGE: 181AGENDA ITEM 5.1 PACKET PAGE: 182AGENDA ITEM 5.1 PACKET PAGE: 183AGENDA ITEM 5.1 PACKET PAGE: 184AGENDA ITEM 5.1 PACKET PAGE: 185AGENDA ITEM 5.1 PACKET PAGE: 186AGENDA ITEM 5.1 PACKET PAGE: 187AGENDA ITEM 5.1 PACKET PAGE: 188AGENDA ITEM 5.1 PACKET PAGE: 189AGENDA ITEM 5.1 PACKET PAGE: 190AGENDA ITEM 5.1 PACKET PAGE: 191AGENDA ITEM 5.1