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AGENDA
JOINT REGULAR MEETING
OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO
THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY
April 1, 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 Proclamation Recognizing April 2014 as Sexual Assault Awareness
Month and April 23, 2014 as Denim Day
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.
2.1 City Manager’s Report on previous month’s public comments
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
City Council Agenda
April 1, 2014
Page 2 of 4
3A.2 Minutes of March 18, 2014 - Regular Meeting / Approve / City Clerk
3A.3 Ordinance 14-02 / Water Adjudication Surcharge Ordinance / Approve /
Public Works Director, Interim Finance Director
3A.4 Resolution No. 3497 / approving a job description to establish a Senior
Facilities Inspector. / Approve / Assistant City Manager
3A.5 Treasurer's Report at February 28, 2014 / Approve / City Treasurer
3A.6 Authorization for the Development Director to Attend a California Debt
and Investment Advisory Commission Seminar in San Diego on April 25,
2014 / Approve / Development Director
3A.7 Authorization for the Mayor to attend the Annual US Conference of
Mayors in Dallas Texas June 20-23, 2014. / Approve / Assistant City
Manager
3A.8 Resolution No. 3499 / Initiation for LLPD 2 Annexation No. 88 and
Annual Assessments for FY 2014-2015 / Approve / Finance Director,
Special Districts Administrator
3A.9 Resolution No. 3500 / A Resolution of Intent to annex property to LLPD
2 as Annexation No. 88 and to levy and collect Annual Assessments
within Annexation No. 88 for FY 2014-2015 / Approve / Finance
Director, Special Districts Administrator
3A.10 Authorization to release Landscape Maintenance Request for Bid for
Landscape, Lighting and Parks Districts 1 and 2 / Approve / Assistant
City Manager, Public Works Director
3B CONSENT CALENDAR - SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
4. PUBLIC HEARING
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 Amendment to the Agreement for Completion of Public Improvements with
Citivest, LLC (Tract 31037-3) / Approve / City Manager
5.2 Resolution No. 3498 / Waiver of Certain Statutory Penalties and Post-
City Council Agenda
April 1, 2014
Page 3 of 4
Judgment Interest and Acceptance of Reduced Amount in Satisfaction of
Judgment / Approve / City Attorney, Finance Director
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)
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
6.1.3 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
6.2 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
City Council Agenda
April 1, 2014
Page 4 of 4
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 27th Day of March, 2014, as required by law.
Richard Miller, City Clerk
April 1, 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
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Rick Miller, City Clerk
SUBJECT: Minutes of March 18, 2014 - Regular Meeting
RECOMMENDATION:
Staff recommends that the City Council, by motion, approve the draft minutes of March
18, 2014 Regular Meeting, as presented.
ATTACHMENTS
· Minutes of March 18, 2014 Regular Meeting - Draft
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
March 20, 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 6:30 p.m.
1.2 Roll Call
Present: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Absent: None
1.3 Invocation
Pastor Jeff Johnson gave the invocation.
1.4 Pledge of Allegiance
Bruce Malone led the Pledge of Allegiance
1.5 Special Presentations
1.5.1 Chevron Energy Services Update
Larry Baebler with Chevron gave a brief PowerPoint presentation and
answered Council questions.
1.5.2 Recognize Human Relations Council, First Peoples Day Presentation
Council Member Andrew Kotyuk presented Mary Morse with the
Human Relations Council a Proclamation for First Peoples Day.
1.6 MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS
Councilmember’s gave their reports
PACKET PAGE: 5
AGENDA ITEM 3A.2
Mayor’s Agenda
March 18, 2014
____________________________________________________________________________________Page 2 of 5
2. PUBLIC COMMENTS:
Public Speakers:
· Bruce Malone
· Amparo Magana
· Dale Howard
· Frank Taylor
3. CONSENT CALENDAR
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 2013 Report of Possessory Interest / Approve /
Finance Director
3A.3 2013 Cable TV Franchise Report / Approve / Finance
Director
3A.4 Warrants and Disbursements – February 2014 /
Approve / Finance Director
3A.5 Treasurer’s Report at January 31, 2014 / Approve /
City Treasurer
3A.6 Minutes of March 4, 2014 – Regular Meeting /
Approve / City Clerk
3A.7 Memorandum of Understanding between San
Jacinto Unified School District and the City of San
Jacinto for School Resource Officer Services for FY
13-14. / Approve / City Manager
3A.8 Letter of support for AB 2312, Metal Theft Deterrent
Bill / Approve / Assistant City Manager
3A.9 Letter of support for AB 2313, Metal Theft Deterrent
Bill / Approve / Assistant City Manager
3A.10 General Plan and Housing Element 2013 Annual
Progress Report / Approve / Consultant
PACKET PAGE: 6
AGENDA ITEM 3A.2
Mayor’s Agenda
March 18, 2014
____________________________________________________________________________________Page 3 of 5
3B CONSENT CALENDAR - SUCCESSOR AGENCY TO
REDEVELOPMENT AGENCY OF CITY OF SAN JACINTO
M/S/C (Ledezma/Ruiz) moved to approve the Consent Calendar. Motion carried 5/0.
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: Kotyuk from Item 3A.4 line items 108019,108043,108089
4. PUBLIC HEARING
4.1 Ordinance 14-02 / Adopt Water Adjudication Surcharge
Mayor Ledezma and Council Member Bartel recused themselves from
Item 4.1 due to conflict of interest and left the dais at 7:39 p.m.
Interim Public Works Director Lynn Merrill presented the staff report.
Mayor Pro Tem Crystal Ruiz opened the public hearing at 8:05 p.m.
Public Speakers:
· Virginia Hancock
Mayor Pro Tem Crystal Ruiz closed the public hearing at 8:07 p.m.
M/S/C (Kotyuk/Miller) moved to approve Item 4.1 as presented. Motion carried 3/0.
Ayes: Kotyuk, Miller, Ruiz
Nays: None
Absent: None
Abstain: Bartel, Ledezma
Mayor Ledezma and Council Member Bartel returned to the dais at 8:09 p.m.
5. STAFF REPORTS
5.1 Review of Draft San Jacinto Citizens Corp Policy and Procedures
Manual (CERT) / Discuss / Fire Chief
Council Member Miller asked for Item 5.1 to be tabled and that an Ad Hoc
committee be formed for review.
Mayor Ledezma appointed Scott Miller and Mark Bartel as the Ad Hoc
committee.
PACKET PAGE: 7
AGENDA ITEM 3A.2
Mayor’s Agenda
March 18, 2014
____________________________________________________________________________________Page 4 of 5
M/S/C (Ledezma/Miller) moved to table Item 5.1 and bring it back to the Council
after review by an Ad Hoc committee. Motion carried 5/0.
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: None
5.2 Acceptance of Indian Gaming Funds / Approve / Management
Analyst
Management Analyst David Clayton presented the staff report.
M/S/C (Bartel/Ruiz) approve Item 5.2 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 8:17 p.m. and reconvened in Closed Session for the City
Council at 8:20 p.m.
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)
Case: United States of America v. City of San Jacinto; Case
No. EDCV12-1966
No reportable action
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
No reportable action
PACKET PAGE: 8
AGENDA ITEM 3A.2
Mayor’s Agenda
March 18, 2014
____________________________________________________________________________________Page 5 of 5
6.1.3 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
No reportable action
6.2 CLOSED SESSION - SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
None
8. ADJOURNMENT
With no further business before the City Council, Mayor Alonso Ledezma
adjourned the Regular Meeting of the City Council at 9:00 p.m.
______________________
Alonso Ledezma, Mayor
ATTEST:
___________________
Richard Miller, City Clerk
Approved as read: ________
Approved as amended: ____
PACKET PAGE: 9
AGENDA ITEM 3A.2
A-1
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM Lynn Merrill, Interim Public Works Director
Tom Prill, Finance Director
SUBJECT: Water Adjudication Surcharge Ordinance - Second Reading
RECOMMENDATION
Staff recommends that the City Council conduct the Second Reading and adopt
Ordinance 14-02, Water Adjudication Surcharge Ordinance.
BACKGROUND
The City of San Jacinto is a party to the adjudicated settlement of the Soboba Tribe
Settlement Agreement. (Soboba Band of Luiseno Indians v. Metropolitan Water Districts of
Southern California, United States District Court Case No. 00-04208 GAF (MANx)). This
settlement adjudicated historic water rights issues relating to the Hemet / San Jacinto Ground
Water Management Zone. The settlement has created both one-time and on-going costs for
the City which have created a financial impact upon the City’s Water Utility. The proposed
surcharge will mitigate these financial impacts.
On January 7, 2014, the City Council set a Public Hearing for March 4, 2014 in order to
consider the Water Adjudication Surcharge. 45-Day Notices as required by Proposition 218
were mailed on January 17, 2014 to both property owners and water accounts subject to the
proposed surcharge. On March 4, the City Council approved the proposed Water Rate
Surcharge and held the first reading of Ordinance 14-02.
DISCUSSION
The City of San Jacinto established a Water Adjudication Surcharge as an additional
component of the City’s current water rate structure. This surcharge is the result of a
stipulated judgment of Soboba Band of Luiseno Indians v. Metropolitan Water Districts of
Southern California (United States District Court Case No. 00-04208 GAF (MANx)),
regarding a groundwater management plan for the Hemet / San Jacinto Ground Water
Basin, which is the primary source of the City’s Water Supply.
The adopted surcharge is necessary to avoid operational deficits in the Water Utility,
depletion of fund reserves for emergencies, an inability to address infrastructure and
water quality improvements in a proactive and timely manner, and to continue to provide
a safe and reliable water supply for the City’s approximately 4000 residential, commercial
and industrial customers.
The adopted rate establishes a water consumption based rate of $1.0703 per Billing
Unit.
PACKET PAGE: 11
AGENDA ITEM 3A.3
A-1
The Council adopted Ordinance 14-02 after conducting a noticed public hearing on March
4, 2014 at the regularly scheduled Council meeting.
Staff is recommending the Second Reading of Ordinance 14-02, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ESTABLISHING
A WATER ADJUDICATION SURCHARGE, AS PART OF THE WATER RATE
STRUCTURE FOR THE CITY OF SAN JACINTO MUNICIPAL WATER DEPARTMENT;
AND ESTABLISHING THE AMOUNT OF THE SURCHARGE, EFFECTIVE MAY 1, 2014”
by Title and Number only.
ALTERNATIVES
1. Provide alternative direction to staff.
FISCAL IMPACT
The one-time costs for the Stipulated Judgment from Fiscal Year 2007-2008 through
2012-13 are $2,937,861.38 which was paid out of the W ater Utility Reserve fund.
Ongoing costs of approximately $1.2 million per year are projected in FY13-14, rising to
an estimated $1.6 million in FY24-25. If no action is taken, and assuming no other rate
adjustments are made, the City’s Water Utility is projected to deplete all reserves by the
end of FY13-14.
ATTACHMENTS
Ordinance 14-02
PACKET PAGE: 12
AGENDA ITEM 3A.3
STATE OF CALIFORNIA ) ORDINANCE NO. 14-02
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ESTABLISHING A WATER
ADJUDICATION SURCHARGE, AS PART OF THE WATER
RATE STRUCTURE FOR THE CITY OF SAN JACINTO
MUNICIPAL WATER DEPARTMENT; AND ESTABLISHING
THE AMOUNT OF THE SURCHARGE, EFFECTIVE MAY 1,
2014.
WHEREAS, the City of San Jacinto was a party to a Stipulated Judgment as the result
of the settlement of Soboba Band of Luiseno Indians v. Metropolitan Water Districts of
Southern California (United States District Court Case No. 00-04208 GAF (MANx)), regarding
a groundwater management plan for the Hemet / San Jacinto Ground Water Basin, which is
the primary source of the City’s Water Supply.; and
WHEREAS, The one-time costs for the Soboba Tribe Settlement Agreement from
Fiscal Year 2007-2008 through 2012-13 are $2,937,861.38 which was paid out of the Water
Utility Reserve fund; and
WHEREAS, Ongoing costs of approximately $1.2 million per year are projected
starting in FY13-14, and rising to an estimated $1.6 million in FY24-25; and
WHEREAS, If no action is taken, and assuming no other rate adjustments are made,
the City’s Water Utility is projected to deplete all reserves by the end of FY2013-14.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES
ORDAIN AS FOLLOWS:
Section 1. Findings The Recitals set forth above are true and correct and are
incorporated into this Ordinance. In addition, the findings set forth in the “Fee
Study Report - Water Adjudication Surcharge,” dated March 4, 2014 is hereby
incorporated into this Ordinance by reference and that all statutory
requirements and findings set forth by Proposition 218 have been duly met.
Section 2. Water Adjudication Surcharge There is thereby established a separate
component of the City’s Water Rate Schedule to be called the Water
Adjudication Surcharge that will be charged to all users of the City of San
Jacinto’s Municipal Water Department water services. Said Water Adjudication
Surcharge shall be based on the amount of water used by each customer of
the City’s Municipal Water Department, and shall be shown as a separate line
item on each customer’s regular bill.
Section 3. Establishment Of the Water Adjudication Surcharge Amount. The initial
rate for the Water Adjudicated Surcharge is hereby established at the rate of
$1.0703 per Billing Unit, consisting of 100 cubic feet or 748 gallons of water.
PACKET PAGE: 13
AGENDA ITEM 3A.3
2
Said Water Adjudication Surcharge shall become effective May 1, 2014 and
shall be applicable to all water usage occurring after this date.
Section 4. Annual Inflation Adjustment. The Water Adjudication Surcharge rate shall
be subject to an annual inflationary adjustment to recover increases in the
costs associated with the supplemental water. The annual inflationary
adjustments may be imposed for a five-year period beginning May 1, 2015, and
each May 1 thereafter through and including May 1, 2019, by an amount not to
exceed 5% annually, provided, however, that in no event will an annual
inflationary adjustment to the Water Adjudication Surcharge exceed the City’s
cost of providing water service.
Section 5. Implementation The City Council hereby authorizes and directs the City
Manager to take any action and sign any documents necessary to implement
this Ordinance.
Section 6. 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 that 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 the City Council would
have adopted this Ordinance irrespective of the invalidity of any particular
portion of this Ordinance.
Section 7. Effective Date This Ordinance shall become effective thirty (30) days
following its adoption and the proposed Water Adjudication Surcharge shall
become effective on May 1, 2014.
Section 8. Publication The Mayor shall sign this Ordinance and the City Clerk shall
attest thereto and shall, within fifteen (15) days of its adoption cause it, or a
summary of it, to be published in a newspaper published and circulated in the
City of San Jacinto; and thereupon and thereafter this Ordinance shall take
effect and be in force according to this Ordinance and law.
Introduced at a regular meeting of the City Council on the 18th day of March, 2014.
PACKET PAGE: 14
AGENDA ITEM 3A.3
3
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on
the ________ day of ________, 2014, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of San Jacinto
______________________________
Alonso Ledezma, Mayor
ATTEST:
______________________________
Richard Miller, City Clerk
PACKET PAGE: 15
AGENDA ITEM 3A.3
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
I, Richard Miller, City Clerk, hereby certify that the attached is a true copy of Ordinance
No. 14-02, introduced by the City Council of the City of San Jacinto, California, at a regular
meeting held the 18th day of March, 2014. Ordinance No. 14-02 was approved, passed and
adopted at a regular meeting held the _____ day of _______, 2014.
WITNESS my hand and official seal of the City of San Jacinto this ___ day of ______,
2014.
______________________________
Richard Miller, City Clerk
PACKET PAGE: 16
AGENDA ITEM 3A.3
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Mike Emberton, Assistant City Manager
SUBJECT: Resolution No. 3497, approving a job description to establish a Senior
Facilities Inspector.
RECOMMENDATION:
Staff recommends that the City Council, by motion, adopt Resolution 3497 / a resolution
approving the new job description for Senior Facilities Inspector.
DISCUSSION:
A good practice for any organization is to routinely evaluate its activities to ensure the
best possible use of its resources. In doing so, staff has identified a need for a Senior
Facilities Inspector to manage the activities of our landscape contractor, building safety,
NPDES and other regulatory compliance requirements. These needs are currently
being addressed via a number of other personnel without a dedicated focus due to their
other job duties and requirements. If approved, this dedicated position will be able to
bring tremendous value to the organization by providing better oversight of the above
mentioned areas of responsibility.
The salary for this position would be set at Management Association Range 70; $5,477
to $6,657 per month.
Approval of the job description satisfies the City’s organizational needs; it also complies
with the City’s personnel system SJMC 2.60.040.E.
FISCAL IMPACT:
A current vacancy exists in the Public Works Department that can fund this position for
the remainder of this fiscal year. If approved, the position would be budgeted for in the
upcoming FY 2014-15 budget submission package that will be presented in June 2014.
ATTACHMENTS:
§ Resolution No. 3497
§ Exhibit “A” – Senior Facilities Inspector
PACKET PAGE: 17
AGENDA ITEM 3A.4
Page 1 of 2
STATE OF CALIFORNIA ) RESOLUTION NO. 3497
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CREATING NEW JOB DESCRIPTIONS FOR SENIOR
FACILITES INSPECTOR.
WHEREAS, City staff identified a need for a Senior Facilities Inspector to
meet the current demands of the city; and
WHEREAS, the assessment of the city’s organization needs revealed that
a new position in the Public Works Department was warranted to carry out the
department’s responsibilities; and
WHEREAS, the creation of the new job description supports the
organizational needs of the city manager’s office and public works; and
WHEREAS, the new position will oversee contractual arrangements,
perform inspections, oversee projects, perform repairs as needed; and
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the
City Council of the City of San Jacinto that the job description for the Senior
Facilities Inspector attached hereto as Exhibit “A” is hereby created to meet the
organizational needs of the organization.
PASSED, APPROVED and ADOPTED, this 1st day of April, 2014 by the
following vote
Ayes:
Nays:
Absent:
Abstain:
City of San Jacinto
__________________________
by Alonso Ledezma, Mayor
PACKET PAGE: 19
AGENDA ITEM 3A.4
Page 2 of 2
ATTEST:
________________________
Richard Miller, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
_________________________
Jeffrey S. Ballinger, City Attorney
PACKET PAGE: 20
AGENDA ITEM 3A.4
CITY OF SAN JACINTO
JOB DESCRIPTION Adopted:
PERSONNEL DEPARTMENT
SENIOR FACILITIES INSPECTOR
JOB SUMMARY
Under supervision of the Assistant City Manager, reviews, administers and inspects the
City’s landscape and other maintenance contracts and other minor maintenance projects
as directed. Evaluates, plans, organizes, and performs inspection program duties;
administers and reviews the periodic efforts of the City’s Landscape Maintenance
Contractor(s); interfaces with and coordinates assigned functions with other City services
and departments; ensures safe work practices, work quality and accuracy. Prepares
inspection reports and other documents necessary to administer contracts assigned,
including documentation of final work product. Inspects City facilities for safety,
NPDES and ADA compliance. May perform repairs as needed to meet those standards.
Other duties as assigned by the Assistant City Manager.
DUTIES
· Inspects and oversees landscape and other maintenance and installation activities
performed by contractors through the Public Works Division as assigned. Such
may include but is not limited to making field determinations regarding changes
to scope and method of work to be performed; authorizes field changes to plans
when required; participates in pre-construction meetings; oversees contract
administration and billing, request for payment and hours for all contractual
services. Verifies work is completed as presented by the contractor before
approval of payment.
· Trains and evaluates assigned contract personnel; coordinates project work with
contractors, public utilities, engineers, the public and other City departments;
identifies alternative maintenance methods and materials; ensures job site safety
requirements are met; enforces regulations for storm water, pesticides and
recycling requirements.
· Oversees and prepares periodic inspection reports, technical memos, letters and
contract change orders; maintains written records of work performed; checks
contractors progress on jobs and documents contractor performance; accounts for
all contract bid items in preparation of payment to contractors; monitors, approves
and tracks expenditures for LLPD maintenance including review and verification
of the contractor’s monthly invoices
PACKET PAGE: 21
AGENDA ITEM 3A.4
Page 2 of 3 – Senior Public Works Inspector
· Responds to questions and concerns from the general public; responds to and
investigates complaints from the public relating to parks, medians, landscaping,
irrigation systems and miscellaneous. Maintenance and improvement projects;
provides information as is appropriate; resolves complaints, establishes and
maintains a customer service orientation with the Division.
· Establishes positive working relationships with representatives of community
organizations, state/local agencies, City management and staff, contractors and
the public.
KNOWLEDGE AND ABILITIES
Knowledge of:
Modern principles, practices, methods and materials used in landscape
maintenance; construction methods and procedures, including equipment,
underground construction, shoring, and forming; construction materials
such as concrete, asphalt and piping; methods and techniques of
supervision, training and motivation; applicable federal, state and local
laws, codes and regulations, including construction codes, manuals,
specifications and related regulations; methods and techniques for basic
report reparation and writing; methods and techniques for record keeping;
proper English, spelling and grammar; construction material testing
procedures; advanced mathematics; drafting and mapping; occupational
hazards and standard safety procedures as well as ADA compliance
regulations.
Ability to:
Read, understand and interpret landscape construction plans and
specifications; inspect and analyze construction procedures and interpret
code violations; conduct field and lab testing; prepare test results’
supervise, train and motivate assigned staff; exercise sound independent
judgment; interpret, explain and apply applicable laws, codes and
regulations; maintain a variety of records; professional response to issues
and concerns from the community; communicate clearly and concisely,
both orally and in writing; establish and maintain positive working
relationships.
PACKET PAGE: 22
AGENDA ITEM 3A.4
QUALIFICATIONS
Education and/or Experience
Any combination of education and experience that has provided the knowledge,
skills and abilities necessary for a Senior Facilities Inspector. A typical way of
obtaining the required qualifications is to possess the equivalent of three years of
experience in construction, inspection, Landscape inspection or the performance
of related work, and an Associate’s Degree from an accredited college.
LICENSE/CERTFICATE
Possession of a valid Class C California driver’s license. Facilities inspector NP
Maintain a clean driving record for insurability through the City of San Jacinto.
Certification as a Public Works Inspector from the American Construction
Inspectors Association and or as a Building Inspector from the International Code
Council. Certified Access Specialist (CASP) is preered.
PHYSICAL/MENTAL AND ENVIRONMENTAL WORKING CONDITIONS
Work in field environment; travel from site to site, and periodically work in office
setting; be exposed to a computer screen, the sun, and inclement weather conditions,
including noise, dust and fumes.
All employment offers are contingent upon successful completion of a pre-employment
physical exam and a criminal background investigation which includes fingerprinting.
REQUIREMENT FOR ALL MAINTENANCE LEVELS
Essential duties require the following physical skills and work environment:
Ability to sit, stand, walking on level and slippery surfaces, reaching, twisting, turning,
kneeling, bending, stooping, squatting, crouching, grasping, and making repetitive hand
movement of daily duties, and lift up to 90 lbs.
Additionally, this position is frequently outdoors and works in all weather conditions,
including wet, hot and cold. The nature of the work also requires climbing ladders, use of
power and noise producing tools and equipment.
PRE-EMPLOYMENT
All employment offers are contingent upon successful completion of a
pre-employment physical exam, and a criminal background investigation
which includes finger printing.
PACKET PAGE: 23
AGENDA ITEM 3A.4
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Kaleena Richards, City Treasurer
SUBJECT: Treasurer’s Report at February 28, 2014
RECOMMENDATION:
Receive and File Treasurer’s Report for February 28, 2014.
BACKGROUND:
The Treasurer’s Report is required to be presented to the governing body at least quarterly in
accordance with California Government Code Section 53600 et. seq.
DISCUSSION:
Total Cash and City Investments increased 0.30% during the month. This includes cash, cash
in bank and cash with trustee.
The attached Treasurer’s report is a “snapshot” report of our cash position on the last day of
the month in all of our accounts. A section demonstrating compliance with the adopted
Investment Policy, a schedule of CDs, and a chart depicting historical interest rates for certain
positions is also included. Detailed statements of investments from Chandler Asset
Management and BLX Group have also been included.
Also attached is a “Memorandum” from BLX Group regarding the downgrade of Dell bonds
held as investments. Please read this document, as it explains an exception to the adopted
Investment Policy. Although this is an exception currently, it was in compliance with our Policy
when purchased. The downgrade does affect the investment’s market value, so if the
investment were to be sold today, it would be sold at a significant loss.
FISCAL IMPACT:
None.
ATTACHMENTS:
Treasurer’s Report for the month ending February 28, 2014.
PACKET PAGE: 25
AGENDA ITEM 3A.5
PACKET PAGE: 27AGENDA ITEM 3A.5
PACKET PAGE: 28AGENDA ITEM 3A.5
City of San JacintoSchedule of Certificates of Deposits2/28/2014ComputedInterestLast Interest Principal Withdrawal AccruedTerm Rate Yield Open Date Maturity Paid Date Amount Interest at Maturity Balance InterestRabobank5368512979 No 10 36 Months 1.65% 1.663% 2/17/2011 2/17/2014 2/14/2014 500,000.00 25,739.77 (525,739.77) - - 5368512979 No 11 36 Months 1.40% 1.409% 3/17/2011 3/17/2014 2/14/2014 500,000.00 21,191.12 521,191.12 283.76 5368512979 No 12 36 Months 1.40% 1.409% 4/21/2011 4/21/2014 2/20/2014 500,000.00 20,276.40 520,276.40 161.86 1.48% 1.49%1,500,000.00 67,207.29 (525,739.77) 1,041,467.52 445.62 PACKET PAGE: 29
AGENDA ITEM 3A.5
11.52Interest Rates - 3/11 to 2/14LAIFCAMP00.53/114/115/116/117/118/119/1110/1111/1112/111/122/123/124/125/126/127/128/129/1210/1211/1212/121/132/133/134/135/136/137/138/139/1310/1311/1312/131/142/14LAMMA-BoHPIMMA-RaboCDsPACKET PAGE: 30
AGENDA ITEM 3A.5
Monthly Account Statement
+(314)-418-3441
Linda Brimm
US Bank
CustodianChandler Team
For questions about your account,
please call (800) 317-4747 or
Email operations@chandlerasset.com
City of San Jacinto
February 1, 2014 through February 28, 2014
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your
qualified custodian. Prices are provided by IDC, an independent pricing source.
6225 Lusk Boulevard | San Diego, CA 92121 | Phone 800.317.4747 | Fax 858.546.3741 | www.chandlerasset.comPACKET PAGE: 31AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 1
Cont/WD -944
Income Earned 5,219 5,976
Cost Value 10,157,377 10,158,699
Book Value 10,023,767 10,032,659
Par 9,919,923 9,929,618
Market Value 10,043,678 10,059,506
Total Market Value 10,087,223 10,099,191
Accrued Interest 43,544 39,684
ACCOUNT SUMMARY
Beg. Values
as of 1/31/14
End Values
as of 2/28/14
77.1 %
Apple Inc 2.0 %
Oracle Corp 2.0 %
Berkshire Hathaway 2.0 %
Federal Farm Credit Bank 9.9 %
Federal Home Loan Bank 13.2 %
Federal Home Loan Mortgage Corp 14.0 %
Federal National Mortgage Assoc 15.9 %
Government of United States 18.2 %
TOP ISSUERS
Issuer % Portfolio
Average S&P/Moody Rating AA/Aa1
Average Market YTM 0.54 %
Average Life 1.80 yrs
Average Final Maturity 1.86 yrs
Average Purchase YTM 0.67 %
Average Duration 1.78
Average Coupon 1.51 %
PORTFOLIO CHARACTERISTICS
CREDIT QUALITY (S&P)MATURITY DISTRIBUTIONSECTOR ALLOCATION
1-3 Year Govt/A Rated or better Corporate 0.12 %0.17 %0.30 %0.71 %N/A N/A N/A 0.89 %1.48 %
1-3 yr Treasury 0.09 %0.11 %0.25 %0.51 %N/A N/A N/A 0.56 %0.93 %
City of San Jacinto 0.13 %0.18 %0.37 %0.60 %N/A N/A N/A 0.71 %1.18 %
PERFORMANCE REVIEW
Total Rate of Return Current Latest Year Annualized Since
As of 2/28/2014 Month 3 Months To Date 1 Yr 3 Yrs 5 Yrs 10 Yrs 6/30/2012 6/30/2012
Portfolio Summary
As of 2/28/2014
City of San Jacinto
Account #10167
PACKET PAGE: 32AGENDA ITEM 3A.5
Category Standard CommentLocal Agency Bonds No Limitation; BBB rated equivalent by a NRSROCompliesTreasury Issues No Limitation CompliesAgency Issues No Limitation CompliesBanker’s Acceptances 40% maximum; <180 days maturity; A-1 rated equivalent by at least two NRSROsComplies Commercial Paper 25% maximum; <270 days maturity; A-1 rated equivalent by at least two NRSROsCompliesNegotiable Certificates of Deposit 30% maximum; A rated equivalent by at least two NRSROsComplies Medium Term Notes 30% maximum; A rated equivalent by at least two NRSROsCompliesMoney Market Mutual Funds 20% maximum; rated equivalent by at least two NRSROsCompliesMortgage Pass-throughs, CMOs and Asset Backed Securities20% maximum; AA-rated issue; A-rated issuerComplies Local Agency Investment Fund - L.A.I.F. Currently not used by investment adviser CompliesProhibited Securities Inverse floaters; Ranges notes, Interest-only strips from mortgaged backed securities; Zero interest accrual securitiesCompliesIssuer Maximum 5% per issuer for all non-government issuersCompliesMaximum maturity 5 years Complies City of San JacintoFebruary 28, 2014COMPLIANCE WITH INVESTMENT POLICY Assets managed by Chandler Asset Management are in full compliance with State law and with the City's investment policy.PACKET PAGE: 33
AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 3
- Other Dispositions $0.00
- Maturites $685,000.00
- Calls $0.00
- MMF Withdrawals $944.17
+/- Realized Gain/Loss $0.00
- Security Transfers $0.00
+/- Net Accretion ($6,469.77)
($6,469.77)
Gain/Loss on Dispositions
- Principal Paydowns $0.00
Total Dispositions $1,396,809.54
Amortization/Accretion
+ Security Purchases $710,666.86
+ Money Market Fund Purchases $701,504.54
+ Money Market Contributions $0.00
- Security Withdrawals $0.00
$0.00
Acquisition
Dispositions
- Security Sales $0.00
- Money Market Fund Sales $710,865.37
+ Security Contributions $0.00
+ Security Transfers $0.00
Total Acquisitions $1,412,171.40
Ending Book Value $10,032,658.77
BOOK VALUE RECONCILIATION
Beginning Book Value $10,023,766.68
Interest from Calls/Redemption $0.00
Principal Paydown $0.00
Accrued Interest Paid $198.51
Calls/Redemption (Principal)$0.00
Withdrawals $944.17
Security Purchase $710,666.86
Total Acquisitions $701,504.54
Disposition
Principal on Maturities $685,000.00
Acquisition
Contributions $0.00
Interest on Maturities $0.00
Total Dispositions $711,809.54
Interest Received $16,503.14
Dividend Received $1.40
Security Sale Proceeds $0.00
Accrued Interest Received $0.00
Ending Book Value $9,618.46
CASH TRANSACTION SUMMARY
BEGINNING BALANCE $19,923.46
Reconciliation Summary
As of 2/28/2014
City of San Jacinto California
Account #10167
PACKET PAGE: 34AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 4
313370JB5 FHLB Note
1.75% Due 9/11/2015
275,000.00 01/11/2013
0.38 %
284,933.00
280,736.10
102.21
0.31 %
281,065.68
2,272.57
2.81 %
329.58
Aaa
AA+
1.53
1.51
31331J2S1 FFCB Note
1.5% Due 11/16/2015
290,000.00 06/25/2012
0.57 %
299,065.40
294,576.64
102.07
0.29 %
295,991.69
1,268.75
2.94 %
1,415.05
Aaa
AA+
1.72
1.69
313371NW2 FHLB Note
1.375% Due 12/11/2015
225,000.00 11/16/2012
0.39 %
231,723.00
228,912.22
101.87
0.32 %
229,205.48
687.50
2.28 %
293.26
Aaa
AA+
1.78
1.76
3135G0KM4 FNMA Note
0.5% Due 5/27/2015
200,000.00 06/12/2012
0.53 %
199,828.00
199,927.88
100.33
0.24 %
200,657.60
261.11
1.99 %
729.72
Aaa
AA+
1.24
1.24
3133EADW5 FFCB Note
0.55% Due 8/17/2015
200,000.00 06/21/2013
0.48 %
200,310.00
200,211.42
100.24
0.38 %
200,484.40
42.78
1.99 %
272.98
Aaa
AA+
1.47
1.46
31331VGU4 FFCB Note
4.875% Due 12/16/2015
250,000.00 06/12/2012
0.65 %
286,602.00
268,715.31
108.07
0.37 %
270,174.00
2,539.06
2.70 %
1,458.69
Aaa
AA+
1.80
1.73
3137EACW7 FHLMC Note
2% Due 8/25/2016
190,000.00 06/14/2012
0.82 %
199,262.31
195,489.67
103.57
0.55 %
196,792.12
63.33
1.95 %
1,302.45
Aaa
AA+
2.49
2.44
3133ECFV1 FFCB Note
0.43% Due 1/29/2016
225,000.00 02/21/2013
0.45 %
224,896.50
224,932.45
100.13
0.36 %
225,284.63
86.00
2.23 %
352.18
Aaa
AA+
1.92
1.91
3133XXP43 FHLB Note
3.125% Due 3/11/2016
270,000.00 06/14/2012
0.79 %
293,180.04
282,583.45
105.48
0.42 %
284,788.98
3,984.38
2.86 %
2,205.53
Aaa
AA+
2.03
1.96
3137EACT4 FHLMC Note
2.5% Due 5/27/2016
180,000.00 07/12/2012
0.61 %
193,012.20
187,527.57
104.69
0.40 %
188,449.38
1,175.00
1.88 %
921.81
Aaa
AA+
2.24
2.18
3137EACB3 FHLMC Note
2.5% Due 4/23/2014
190,000.00 06/18/2012
0.32 %
197,628.50
190,600.76
100.34
0.30 %
190,638.40
1,688.89
1.90 %
37.64
Aaa
AA+
0.15
0.15
31398AVZ2 FNMA Note
2.75% Due 3/13/2014
285,000.00 06/22/2012
0.34 %
296,744.28
285,225.13
100.07
0.97 %
285,209.76
3,657.50
2.86 %
(15.37)
Aaa
AA+
0.04
0.04
3137EACD9 FHLMC Note
3% Due 7/28/2014
190,000.00 06/22/2012
0.40 %
200,286.03
192,008.67
101.14
0.25 %
192,171.70
522.50
1.91 %
163.03
Aaa
AA+
0.41
0.42
3135G0BJ1 FNMA Note
1.125% Due 6/27/2014
195,000.00 06/06/2012
0.37 %
198,011.97
195,473.88
100.33
0.12 %
195,645.06
390.00
1.94 %
171.18
Aaa
AA+
0.33
0.33
313373JR4 FHLB Note
1.375% Due 5/28/2014
290,000.00 06/06/2012
0.35 %
295,834.80
290,713.14
100.30
0.17 %
290,872.61
1,030.10
2.89 %
159.47
Aaa
AA+
0.24
0.25
31398AXJ6 FNMA Note
2.5% Due 5/15/2014
290,000.00 06/14/2012
0.35 %
301,881.30
291,274.82
100.48
0.25 %
291,391.42
2,134.72
2.91 %
116.60
Aaa
AA+
0.21
0.21
AGENCY
43814CAC3 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
121,000.00 12/17/2013
0.50 %
120,971.64
120,974.42
100.07
0.41 %
121,090.51
16.13
1.20 %
116.09
NR
AAA
2.73
1.07
47787RAC4 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
189,000.00 01/09/2014
0.50 %
189,059.06
189,056.08
100.06
0.45 %
189,104.52
44.52
1.87 %
48.44
Aaa
NR
2.38
0.69
Total ABS 310,000.00 0.50 %
310,030.70
310,030.50 0.43 %
310,195.03
60.65
3.07 %
164.53
Aaa
AAA
2.52
0.84
ABS
Holdings Report
As of 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description Par Value/Units
Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody
S&P
Maturity
Duration
PACKET PAGE: 35AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 5
713448BX5 Pepsico Inc. Note
0.75% Due 3/5/2015
125,000.00 06/05/2012
0.83 %
124,732.50
124,901.29
100.41
0.34 %
125,517.00
458.33
1.25 %
615.71
A1
A-
1.01
1.01
191216AX8 Coca Cola Company Note
0.75% Due 3/13/2015
125,000.00 06/18/2012
0.63 %
125,421.25
125,159.61
100.45
0.31 %
125,566.88
437.50
1.25 %
407.27
Aa3
AA-
1.04
1.03
69371RK62 Paccar Financial Corp Note
1.05% Due 6/5/2015
150,000.00 01/10/2014
0.43 %
151,294.50
151,179.38
100.80
0.42 %
151,204.20
376.25
1.50 %
24.82
A1
A+
1.27
1.26
24422ERA9 John Deere Capital Corp Note
1.6% Due 3/3/2014
120,000.00 06/06/2012
0.57 %
122,121.60
120,006.74
100.00
1.60 %
120,000.00
949.33
1.20 %
(6.74)
WR
A
0.01
0.01
94974BET3 Wells Fargo Corp Note
3.75% Due 10/1/2014
120,000.00 06/26/2012
1.27 %
126,600.00
121,714.08
102.05
0.27 %
122,465.28
1,875.00
1.23 %
751.20
A2
A+
0.59
0.58
40428HPG1 HSBC USA Inc Note
2.375% Due 2/13/2015
125,000.00 06/26/2012
1.90 %
126,497.50
125,544.97
101.86
0.43 %
127,325.00
148.44
1.26 %
1,780.03
A2
A+
0.96
0.95
US CORPORATE
31846V203 First American Govt Obligation Fund 9,618.46 Various
0.00 %
9,618.46
9,618.46
1.00
0.00 %
9,618.46
0.00
0.10 %
0.00
Aaa
AAA
0.00
0.00
Total Money Market Fund FI 9,618.46 N/A
9,618.46
9,618.46 0.00 %
9,618.46
0.00
0.10 %
0.00
Aaa
AAA
0.00
0.00
MONEY MARKET FUND FI
06538CFH9 Bank of Tokyo Mitsubishi NY Discount
CP
0.22% Due 6/17/2014
200,000.00 02/12/2014
0.22 %
199,848.44
199,868.00
99.93
0.22 %
199,868.00
0.00
1.98 %
0.00
P-1
A-1
0.30
0.30
Total Commercial Paper 200,000.00 0.22 %
199,848.44
199,868.00 0.22 %
199,868.00
0.00
1.98 %
0.00
P-1
A-1
0.30
0.30
COMMERCIAL PAPER
3137EADJ5 FHLMC Note
1% Due 7/28/2017
220,000.00 09/25/2013
1.17 %
218,563.40
218,722.45
100.17
0.95 %
220,364.32
201.67
2.18 %
1,641.87
Aaa
AA+
3.41
3.35
3135G0MZ3 FNMA Note
0.875% Due 8/28/2017
325,000.00 05/06/2013
0.73 %
326,956.50
326,586.08
99.55
1.01 %
323,521.58
23.70
3.20 %
(3,064.50)
Aaa
AA+
3.50
3.44
3135G0GY3 FNMA Note
1.25% Due 1/30/2017
295,000.00 02/05/2014
0.72 %
299,587.25
299,490.37
101.58
0.70 %
299,661.89
317.53
2.97 %
171.52
Aaa
AA+
2.92
2.87
3137EADC0 FHLMC Note
1% Due 3/8/2017
220,000.00 08/20/2012
0.86 %
221,392.60
220,925.32
100.83
0.72 %
221,815.88
1,057.22
2.21 %
890.56
Aaa
AA+
3.02
2.97
313378A43 FHLB Note
1.375% Due 3/9/2018
235,000.00 06/21/2013
1.54 %
233,211.65
233,470.85
100.53
1.24 %
236,251.85
1,543.82
2.35 %
2,781.00
Aaa
AA+
4.03
3.89
3137EADL0 FHLMC Note
1% Due 9/29/2017
200,000.00 11/14/2013
1.06 %
199,540.00
199,574.48
99.79
1.06 %
199,589.60
844.44
1.98 %
15.12
Aaa
AA+
3.59
3.50
Total Agency 5,240,000.00 0.63 %
5,402,450.73
5,307,678.66 0.53 %
5,320,028.03
25,792.57
52.93 %
12,349.37
Aaa
AA+
1.82
1.79
AGENCY
Holdings Report
As of 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description Par Value/Units
Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody
S&P
Maturity
Duration
PACKET PAGE: 36AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 6
912828NV8 US Treasury Note
1.25% Due 8/31/2015
195,000.00 06/06/2012
0.38 %
200,454.56
197,533.13
101.55
0.21 %
198,031.67
6.62
1.96 %
498.54
Aaa
AA+
1.50
1.49
912828PE4 US Treasury Note
1.25% Due 10/31/2015
195,000.00 06/07/2012
0.46 %
200,203.19
197,555.44
101.66
0.25 %
198,237.39
814.74
1.97 %
681.95
Aaa
AA+
1.67
1.65
912828PZ7 US Treasury Note
1.25% Due 3/15/2014
195,000.00 06/14/2012
0.30 %
198,222.72
195,070.72
100.04
0.40 %
195,068.64
1,124.48
1.94 %
(2.08)
Aaa
AA+
0.04
0.04
912828TD2 US Treasury Note
0.25% Due 7/15/2015
200,000.00 10/15/2013
0.31 %
199,781.92
199,827.94
100.09
0.18 %
200,187.60
62.15
1.98 %
359.66
Aaa
AA+
1.38
1.38
912828QA1 US Treasury Note
2.25% Due 3/31/2016
195,000.00 12/14/2012
0.38 %
206,868.23
202,526.44
103.91
0.37 %
202,617.09
1,832.14
2.02 %
90.65
Aaa
AA+
2.09
2.03
912828UG3 US Treasury Note
0.375% Due 1/15/2016
200,000.00 01/22/2014
0.42 %
199,836.61
199,844.98
100.14
0.30 %
200,289.00
93.23
1.98 %
444.02
Aaa
AA+
1.88
1.87
912828SC5 US Treasury Note
0.875% Due 1/31/2017
210,000.00 02/26/2014
0.67 %
211,231.17
211,228.87
100.58
0.67 %
211,214.01
147.20
2.09 %
(14.86)
Aaa
AA+
2.93
2.88
912828RF9 US Treasury Note
1% Due 8/31/2016
215,000.00 10/12/2012
0.48 %
219,283.92
217,765.19
101.23
0.51 %
217,637.19
5.84
2.16 %
(128.00)
Aaa
AA+
2.51
2.47
US TREASURY
68389XAN5 Oracle Corp Note
1.2% Due 10/15/2017
200,000.00 08/13/2013
1.78 %
195,402.00
195,997.53
99.73
1.28 %
199,466.00
906.67
1.98 %
3,468.47
A1
A+
3.63
3.53
36962G4T8 General Electric Capital Corp Note
2.25% Due 11/9/2015
185,000.00 01/14/2014
0.48 %
190,903.35
190,519.32
102.89
0.53 %
190,353.53
1,295.00
1.90 %
(165.79)
A1
AA+
1.70
1.66
037833AH3 Apple Inc Note
0.45% Due 5/3/2016
200,000.00 05/22/2013
0.54 %
199,466.00
199,604.11
99.88
0.50 %
199,762.20
295.00
1.98 %
158.09
Aa1
AA+
2.18
2.16
594918AG9 Microsoft Note
1.625% Due 9/25/2015
125,000.00 06/27/2012
0.65 %
128,893.75
126,885.98
102.00
0.35 %
127,498.88
880.21
1.27 %
612.90
Aaa
AAA
1.57
1.55
278642AB9 Ebay Inc Note
1.625% Due 10/15/2015
125,000.00 06/12/2012
0.91 %
127,943.75
126,434.38
101.88
0.47 %
127,344.00
767.36
1.27 %
909.62
A2
A
1.63
1.60
742718DV8 Procter & Gamble Co Note
1.45% Due 8/15/2016
190,000.00 11/14/2012
0.71 %
195,156.60
193,392.40
101.70
0.75 %
193,236.84
122.44
1.91 %
(155.56)
Aa3
AA-
2.46
2.42
48126EAA5 JP Morgan Note
2% Due 8/15/2017
125,000.00 05/06/2013
1.35 %
128,341.25
127,706.86
101.62
1.52 %
127,023.38
111.11
1.26 %
(683.48)
A3
A
3.46
3.34
459200GU9 IBM Corp Note
2% Due 1/5/2016
120,000.00 06/05/2012
0.98 %
124,288.80
122,216.65
102.76
0.50 %
123,313.08
373.33
1.22 %
1,096.43
Aa3
AA-
1.85
1.82
674599CB9 Occidental Petroleum Note
1.75% Due 2/15/2017
120,000.00 01/11/2013
1.11 %
123,064.80
122,224.09
101.72
1.16 %
122,058.12
93.33
1.21 %
(165.97)
A1
A
2.97
2.88
084670BD9 Berkshire Hathaway Note
1.9% Due 1/31/2017
200,000.00 08/13/2013
1.39 %
203,422.00
202,888.67
102.87
0.90 %
205,741.60
327.22
2.04 %
2,852.93
Aa2
AA
2.93
2.84
Total US Corporate 2,355,000.00 0.97 %
2,393,549.65
2,376,376.06 0.72 %
2,387,875.99
9,416.52
23.74 %
11,499.93
A1
AA-
1.94
1.90
US CORPORATE
Holdings Report
As of 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description Par Value/Units
Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody
S&P
Maturity
Duration
PACKET PAGE: 37AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 7
912828SY7 US Treasury Note
0.625% Due 5/31/2017
210,000.00 07/25/2013
0.96 %
207,318.28
207,734.38
99.35
0.83 %
208,638.36
328.13
2.07 %
903.98
Aaa
AA+
3.25
3.21
Total US Treasury 1,815,000.00 0.49 %
1,843,200.60
1,829,087.09 0.42 %
1,831,920.95
4,414.53
18.18 %
2,833.86
Aaa
AA+
1.94
1.91
US TREASURY
TOTAL PORTFOLIO 9,929,618.46 0.67 %
10,158,698.58
10,032,658.77 0.54 %
10,059,506.46
39,684.27
100.00 %
26,847.69
Aa1
AA
1.86
1.78
TOTAL MARKET VALUE PLUS ACCRUED 10,099,190.73
Holdings Report
As of 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description Par Value/Units
Purchase Date
Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody
S&P
Maturity
Duration
PACKET PAGE: 38AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 8
Closing
Purchase
02/27/2014 31846V203 -211,368.22 First American Govt Obligation Fund 1.000 -211,368.22 0.00 -211,368.22 0.00
Closing
Purchase
02/13/2014 31846V203 -199,848.44 First American Govt Obligation Fund 1.000 -199,848.44 0.00 -199,848.44 0.00
Subtotal -411,216.66 -411,216.66 0.00 -411,216.66 0.00
DISPOSITIONS
Short Sale 02/27/2014 31846V203 -211,368.22 First American Govt Obligation Fund 1.000 -211,368.22 0.00 -211,368.22 0.00
Short Sale 02/13/2014 31846V203 -199,848.44 First American Govt Obligation Fund 1.000 -199,848.44 0.00 -199,848.44 0.00
Subtotal -411,216.66 -411,216.66 0.00 -411,216.66 0.00
Purchase 02/27/2014 912828SC5 210,000.00 US Treasury Note
0.875% Due 1/31/2017
100.586 0.67 %211,231.17 137.05 211,368.22 0.00
Purchase 02/28/2014 31846V203 3,715.63 First American Govt Obligation Fund 1.000 3,715.63 0.00 3,715.63 0.00
Purchase 02/13/2014 31846V203 1,484.38 First American Govt Obligation Fund 1.000 1,484.38 0.00 1,484.38 0.00
Purchase 02/13/2014 06538CFH9 200,000.00 Bank of Tokyo Mitsubishi NY Discount CP
0.22% Due 6/17/2014
99.924 0.22 %199,848.44 0.00 199,848.44 0.00
Purchase 02/15/2014 31846V203 3,677.50 First American Govt Obligation Fund 1.000 3,677.50 0.00 3,677.50 0.00
Purchase 02/13/2014 31846V203 200,000.00 First American Govt Obligation Fund 1.000 200,000.00 0.00 200,000.00 0.00
Purchase 02/05/2014 31846V203 3,918.75 First American Govt Obligation Fund 1.000 3,918.75 0.00 3,918.75 0.00
Purchase 02/04/2014 31846V203 1.40 First American Govt Obligation Fund 1.000 1.40 0.00 1.40 0.00
Purchase 02/06/2014 3135G0GY3 295,000.00 FNMA Note
1.25% Due 1/30/2017
101.555 0.72 %299,587.25 61.46 299,648.71 0.00
Purchase 02/05/2014 31846V203 285,000.00 First American Govt Obligation Fund 1.000 285,000.00 0.00 285,000.00 0.00
Purchase 02/27/2014 31846V203 1,125.00 First American Govt Obligation Fund 1.000 1,125.00 0.00 1,125.00 0.00
Purchase 02/21/2014 31846V203 48.40 First American Govt Obligation Fund 1.000 48.40 0.00 48.40 0.00
Purchase 02/25/2014 31846V203 1,900.00 First American Govt Obligation Fund 1.000 1,900.00 0.00 1,900.00 0.00
Purchase 02/18/2014 31846V203 83.48 First American Govt Obligation Fund 1.000 83.48 0.00 83.48 0.00
Purchase 02/27/2014 31846V203 200,000.00 First American Govt Obligation Fund 1.000 200,000.00 0.00 200,000.00 0.00
Purchase 02/17/2014 31846V203 550.00 First American Govt Obligation Fund 1.000 550.00 0.00 550.00 0.00
Subtotal 1,406,504.54 1,412,171.40 198.51 1,412,369.91 0.00
TOTAL ACQUISITIONS 995,287.88 1,000,954.74 198.51 1,001,153.25 0.00
ACQUISITIONS
Transaction Ledger
1/31/14 Thru 2/28/14
City of San Jacinto
Account #10167
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price
Acq/Disp
Yield Amount
Interest
Pur/Sold Total Amount Gain/Loss
PACKET PAGE: 39AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 9
Interest 02/13/2014 40428HPG1 125,000.00 HSBC USA Inc Note
2.375% Due 2/13/2015
0.000 1,484.38 0.00 1,484.38 0.00
Interest 02/15/2014 674599CB9 120,000.00 Occidental Petroleum Note
1.75% Due 2/15/2017
0.000 1,050.00 0.00 1,050.00 0.00
Interest 02/15/2014 48126EAA5 125,000.00 JP Morgan Note
2% Due 8/15/2017
0.000 1,250.00 0.00 1,250.00 0.00
Interest 02/05/2014 31398AVD1 285,000.00 FNMA Note
2.75% Due 2/5/2014
0.000 3,918.75 0.00 3,918.75 0.00
OTHER TRANSACTIONS
Security
Withdrawal
02/25/2014 31846V203 104.17 First American Govt Obligation Fund 1.000 104.17 0.00 104.17 0.00
Security
Withdrawal
02/05/2014 31846V203 840.00 First American Govt Obligation Fund 1.000 840.00 0.00 840.00 0.00
Subtotal 944.17 944.17 0.00 944.17 0.00
Maturity 02/27/2014 31331KAH3 200,000.00 FFCB Note
1.125% Due 2/27/2014
100.000 200,000.00 0.00 200,000.00 0.00
Maturity 02/05/2014 31398AVD1 285,000.00 FNMA Note
2.75% Due 2/5/2014
100.000 285,000.00 0.00 285,000.00 0.00
Maturity 02/13/2014 06538CBD2 200,000.00 Bank of Tokyo Mitsubishi NY Discount CP
0.21% Due 2/13/2014
99.930 200,000.00 0.00 200,000.00 0.00
Subtotal 685,000.00 685,000.00 0.00 685,000.00 0.00
Paydown 02/15/2014 47787RAC4 0.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
100.000 0.00 83.48 83.48 0.00
Paydown 02/21/2014 43814CAC3 0.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
100.000 0.00 48.40 48.40 0.00
Subtotal 0.00 0.00 131.88 131.88 0.00
Sale 02/27/2014 31846V203 211,368.22 First American Govt Obligation Fund 1.000 211,368.22 0.00 211,368.22 0.00
Sale 02/06/2014 31846V203 299,648.71 First American Govt Obligation Fund 1.000 299,648.71 0.00 299,648.71 0.00
Sale 02/13/2014 31846V203 199,848.44 First American Govt Obligation Fund 1.000 199,848.44 0.00 199,848.44 0.00
Subtotal 710,865.37 710,865.37 0.00 710,865.37 0.00
TOTAL DISPOSITIONS 985,592.88 985,592.88 131.88 985,724.76 0.00
DISPOSITIONS
Transaction Ledger
1/31/14 Thru 2/28/14
City of San Jacinto
Account #10167
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price
Acq/Disp
Yield Amount
Interest
Pur/Sold Total Amount Gain/Loss
PACKET PAGE: 40AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 10
Dividend 02/04/2014 31846V203 19,923.46 First American Govt Obligation Fund 0.000 1.40 0.00 1.40 0.00
Subtotal 19,923.46 1.40 0.00 1.40 0.00
Interest 02/28/2014 3135G0MZ3 325,000.00 FNMA Note
0.875% Due 8/28/2017
0.000 1,421.88 0.00 1,421.88 0.00
Interest 02/28/2014 912828NV8 195,000.00 US Treasury Note
1.25% Due 8/31/2015
0.000 1,218.75 0.00 1,218.75 0.00
Interest 02/28/2014 912828RF9 215,000.00 US Treasury Note
1% Due 8/31/2016
0.000 1,075.00 0.00 1,075.00 0.00
Interest 02/27/2014 31331KAH3 200,000.00 FFCB Note
1.125% Due 2/27/2014
0.000 1,125.00 0.00 1,125.00 0.00
Interest 02/15/2014 742718DV8 190,000.00 Procter & Gamble Co Note
1.45% Due 8/15/2016
0.000 1,377.50 0.00 1,377.50 0.00
Interest 02/17/2014 3133EADW5 200,000.00 FFCB Note
0.55% Due 8/17/2015
0.000 550.00 0.00 550.00 0.00
Interest 02/25/2014 3137EACW7 190,000.00 FHLMC Note
2% Due 8/25/2016
0.000 1,900.00 0.00 1,900.00 0.00
Subtotal 2,170,000.00 16,371.26 0.00 16,371.26 0.00
TOTAL OTHER TRANSACTIONS 2,189,923.46 16,372.66 0.00 16,372.66 0.00
OTHER TRANSACTIONS
Transaction Ledger
1/31/14 Thru 2/28/14
City of San Jacinto
Account #10167
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price
Acq/Disp
Yield Amount
Interest
Pur/Sold Total Amount Gain/Loss
PACKET PAGE: 41AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 11
313371NW2 FHLB
Note
1.375% Due 12/11/2015
11/16/2012
11/19/2012
225,000.00
229,080.75
0.00
0.00
228,912.22
429.69
0.00
687.50
257.81
0.00
168.53
(168.53)
89.28
0.00
89.28
313370JB5 FHLB
Note
1.75% Due 09/11/2015
01/11/2013
01/16/2013
275,000.00
281,023.42
0.00
0.00
280,736.10
1,871.53
0.00
2,272.57
401.04
0.00
287.32
(287.32)
113.72
0.00
113.72
31331VGU4 FFCB
Note
4.875% Due 12/16/2015
06/12/2012
06/13/2012
250,000.00
269,515.35
0.00
0.00
268,715.31
1,523.44
0.00
2,539.06
1,015.62
0.00
800.04
(800.04)
215.58
0.00
215.58
31331KAH3 FFCB
Note
Due 02/27/2014
06/20/2012
06/21/2012
0.00
200,112.19
0.00
200,000.00
0.00
962.50
1,125.00
0.00
162.50
0.00
112.19
(112.19)
50.31
0.00
50.31
31331J2S1 FFCB
Note
1.5% Due 11/16/2015
06/25/2012
06/26/2012
290,000.00
294,781.67
0.00
0.00
294,576.64
906.25
0.00
1,268.75
362.50
0.00
205.03
(205.03)
157.47
0.00
157.47
278642AB9 Ebay Inc
Note
1.625% Due 10/15/2015
06/12/2012
06/15/2012
125,000.00
126,502.11
0.00
0.00
126,434.38
598.09
0.00
767.36
169.27
0.00
67.73
(67.73)
101.54
0.00
101.54
24422ERA9 John Deere Capital Corp
Note
1.6% Due 03/03/2014
06/06/2012
06/11/2012
120,000.00
120,101.03
0.00
0.00
120,006.74
789.33
0.00
949.33
160.00
0.00
94.29
(94.29)
65.71
0.00
65.71
191216AX8 Coca Cola Company
Note
0.75% Due 03/13/2015
06/18/2012
06/21/2012
125,000.00
125,171.46
0.00
0.00
125,159.61
359.38
0.00
437.50
78.12
0.00
11.85
(11.85)
66.27
0.00
66.27
084670BD9 Berkshire Hathaway
Note
1.9% Due 01/31/2017
08/13/2013
08/16/2013
200,000.00
202,964.47
0.00
0.00
202,888.67
10.56
0.00
327.22
316.66
0.00
75.80
(75.80)
240.86
0.00
240.86
037833AH3 Apple Inc
Note
0.45% Due 05/03/2016
05/22/2013
05/28/2013
200,000.00
199,590.15
0.00
0.00
199,604.11
220.00
0.00
295.00
75.00
13.96
0.00
13.96
88.96
0.00
88.96
Fixed Income
Income Earned
1/31/14 Thru 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Unreal G/L
Total Income
PACKET PAGE: 42AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 12
3137EACD9 FHLMC
Note
3% Due 07/28/2014
06/22/2012
06/25/2012
190,000.00
192,386.14
0.00
0.00
192,008.67
47.50
0.00
522.50
475.00
0.00
377.47
(377.47)
97.53
0.00
97.53
3137EACB3 FHLMC
Note
2.5% Due 04/23/2014
06/18/2012
06/19/2012
190,000.00
190,918.14
0.00
0.00
190,600.76
1,293.06
0.00
1,688.89
395.83
0.00
317.38
(317.38)
78.45
0.00
78.45
3135G0MZ3 FNMA
Note
0.875% Due 08/28/2017
05/06/2013
05/07/2013
325,000.00
326,620.89
0.00
0.00
326,586.08
1,208.59
1,421.88
23.70
236.99
0.00
34.81
(34.81)
202.18
0.00
202.18
3135G0KM4 FNMA
Note
0.5% Due 05/27/2015
06/12/2012
06/13/2012
200,000.00
199,923.41
0.00
0.00
199,927.88
177.78
0.00
261.11
83.33
4.47
0.00
4.47
87.80
0.00
87.80
3135G0GY3 FNMA
Note
1.25% Due 01/30/2017
02/05/2014
02/06/2014
295,000.00
0.00
299,587.25
0.00
299,490.37
0.00
(61.46)
317.53
256.07
0.00
96.88
(96.88)
159.19
0.00
159.19
3135G0BJ1 FNMA
Note
1.125% Due 06/27/2014
06/06/2012
06/07/2012
195,000.00
195,586.33
0.00
0.00
195,473.88
207.19
0.00
390.00
182.81
0.00
112.45
(112.45)
70.36
0.00
70.36
3133XXP43 FHLB
Note
3.125% Due 03/11/2016
06/14/2012
06/15/2012
270,000.00
283,058.94
0.00
0.00
282,583.45
3,281.25
0.00
3,984.38
703.13
0.00
475.49
(475.49)
227.64
0.00
227.64
3133ECFV1 FFCB
Note
0.43% Due 01/29/2016
02/21/2013
02/22/2013
225,000.00
224,929.74
0.00
0.00
224,932.45
5.38
0.00
86.00
80.62
2.71
0.00
2.71
83.33
0.00
83.33
3133EADW5 FFCB
Note
0.55% Due 08/17/2015
06/21/2013
06/25/2013
200,000.00
200,222.50
0.00
0.00
200,211.42
501.11
550.00
42.78
91.67
0.00
11.08
(11.08)
80.59
0.00
80.59
313378A43 FHLB
Note
1.375% Due 03/09/2018
06/21/2013
06/25/2013
235,000.00
233,441.70
0.00
0.00
233,470.85
1,274.55
0.00
1,543.82
269.27
29.15
0.00
29.15
298.42
0.00
298.42
313373JR4 FHLB
Note
1.375% Due 05/28/2014
06/06/2012
06/07/2012
290,000.00
290,940.05
0.00
0.00
290,713.14
697.81
0.00
1,030.10
332.29
0.00
226.91
(226.91)
105.38
0.00
105.38
Income Earned
1/31/14 Thru 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Unreal G/L
Total Income
PACKET PAGE: 43AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 13
43814CAC3 Honda Auto Receivables
2013-1 A3
0.48% Due 11/21/2016
12/17/2013
12/20/2013
121,000.00
120,973.32
0.00
0.00
120,974.42
16.13
48.40
16.13
48.40
1.10
0.00
1.10
49.50
0.00
49.50
40428HPG1 HSBC USA Inc
Note
2.375% Due 02/13/2015
06/26/2012
06/29/2012
125,000.00
125,588.69
0.00
0.00
125,544.97
1,385.42
1,484.38
148.44
247.40
0.00
43.72
(43.72)
203.68
0.00
203.68
36962G4T8 General Electric Capital Corp
Note
2.25% Due 11/09/2015
01/14/2014
01/17/2014
185,000.00
190,769.39
0.00
0.00
190,519.32
948.13
0.00
1,295.00
346.87
0.00
250.07
(250.07)
96.80
0.00
96.80
31398AXJ6 FNMA
Note
2.5% Due 05/15/2014
06/14/2012
06/15/2012
290,000.00
291,750.75
0.00
0.00
291,274.82
1,530.56
0.00
2,134.72
604.16
0.00
475.93
(475.93)
128.23
0.00
128.23
31398AVZ2 FNMA
Note
2.75% Due 03/13/2014
06/22/2012
06/25/2012
285,000.00
285,750.43
0.00
0.00
285,225.13
3,004.38
0.00
3,657.50
653.12
0.00
525.30
(525.30)
127.82
0.00
127.82
31398AVD1 FNMA
Note
Due 02/05/2014
06/07/2012
06/08/2012
0.00
285,075.93
0.00
285,000.00
0.00
3,831.67
3,918.75
0.00
87.08
0.00
75.93
(75.93)
11.15
0.00
11.15
3137EADL0 FHLMC
Note
1% Due 09/29/2017
11/14/2013
11/15/2013
200,000.00
199,565.37
0.00
0.00
199,574.48
677.78
0.00
844.44
166.66
9.11
0.00
9.11
175.77
0.00
175.77
3137EADJ5 FHLMC
Note
1% Due 07/28/2017
09/25/2013
09/27/2013
220,000.00
218,693.72
0.00
0.00
218,722.45
18.33
0.00
201.67
183.34
28.73
0.00
28.73
212.07
0.00
212.07
3137EADC0 FHLMC
Note
1% Due 03/08/2017
08/20/2012
08/21/2012
220,000.00
220,948.81
0.00
0.00
220,925.32
873.89
0.00
1,057.22
183.33
0.00
23.49
(23.49)
159.84
0.00
159.84
3137EACW7 FHLMC
Note
2% Due 08/25/2016
06/14/2012
06/15/2012
190,000.00
195,658.96
0.00
0.00
195,489.67
1,646.67
1,900.00
63.33
316.66
0.00
169.29
(169.29)
147.37
0.00
147.37
3137EACT4 FHLMC
Note
2.5% Due 05/27/2016
07/12/2012
07/13/2012
180,000.00
187,785.23
0.00
0.00
187,527.57
800.00
0.00
1,175.00
375.00
0.00
257.66
(257.66)
117.34
0.00
117.34
Income Earned
1/31/14 Thru 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Unreal G/L
Total Income
PACKET PAGE: 44AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 14
912828PE4 US Treasury
Note
1.25% Due 10/31/2015
06/07/2012
06/08/2012
195,000.00
197,672.93
0.00
0.00
197,555.44
626.21
0.00
814.74
188.53
0.00
117.49
(117.49)
71.04
0.00
71.04
912828NV8 US Treasury
Note
1.25% Due 08/31/2015
06/06/2012
06/07/2012
195,000.00
197,662.56
0.00
0.00
197,533.13
1,036.95
1,218.75
6.62
188.42
0.00
129.43
(129.43)
58.99
0.00
58.99
742718DV8 Procter & Gamble Co
Note
1.45% Due 08/15/2016
11/14/2012
11/19/2012
190,000.00
193,498.18
0.00
0.00
193,392.40
1,270.36
1,377.50
122.44
229.58
0.00
105.78
(105.78)
123.80
0.00
123.80
713448BX5 Pepsico Inc.
Note
0.75% Due 03/05/2015
06/05/2012
06/08/2012
125,000.00
124,893.80
0.00
0.00
124,901.29
380.21
0.00
458.33
78.12
7.49
0.00
7.49
85.61
0.00
85.61
69371RK62 Paccar Financial Corp
Note
1.05% Due 06/05/2015
01/10/2014
01/15/2014
150,000.00
151,251.01
0.00
0.00
151,179.38
245.00
0.00
376.25
131.25
0.00
71.63
(71.63)
59.62
0.00
59.62
68389XAN5 Oracle Corp
Note
1.2% Due 10/15/2017
08/13/2013
08/16/2013
200,000.00
195,912.89
0.00
0.00
195,997.53
706.67
0.00
906.67
200.00
84.64
0.00
84.64
284.64
0.00
284.64
674599CB9 Occidental Petroleum
Note
1.75% Due 02/15/2017
01/11/2013
01/16/2013
120,000.00
122,281.64
0.00
0.00
122,224.09
968.33
1,050.00
93.33
175.00
0.00
57.55
(57.55)
117.45
0.00
117.45
594918AG9 Microsoft
Note
1.625% Due 09/25/2015
06/27/2012
06/29/2012
125,000.00
126,978.14
0.00
0.00
126,885.98
710.94
0.00
880.21
169.27
0.00
92.16
(92.16)
77.11
0.00
77.11
48126EAA5 JP Morgan
Note
2% Due 08/15/2017
05/06/2013
05/09/2013
125,000.00
127,766.87
0.00
0.00
127,706.86
1,152.78
1,250.00
111.11
208.33
0.00
60.01
(60.01)
148.32
0.00
148.32
47787RAC4 John Deere Owner Trust
2012-B A3
0.53% Due 07/15/2016
01/09/2014
01/14/2014
189,000.00
189,057.90
0.00
0.00
189,056.08
44.52
83.48
44.52
83.48
0.00
1.82
(1.82)
81.66
0.00
81.66
459200GU9 IBM Corp
Note
2% Due 01/05/2016
06/05/2012
06/08/2012
120,000.00
122,308.60
0.00
0.00
122,216.65
173.33
0.00
373.33
200.00
0.00
91.95
(91.95)
108.05
0.00
108.05
Income Earned
1/31/14 Thru 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Unreal G/L
Total Income
PACKET PAGE: 45AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 15
06538CBD2 Bank of Tokyo Mitsubishi NY
Discount CP
Due 02/13/2014
10/15/2013
10/16/2013
0.00
199,986.00
0.00
200,000.00
0.00
0.00
0.00
0.00
0.00
14.00
0.00
14.00
14.00
0.00
14.00
Cash & Equivalent
94974BET3 Wells Fargo Corp
Note
3.75% Due 10/01/2014
06/26/2012
06/29/2012
120,000.00
121,938.35
0.00
0.00
121,714.08
1,500.00
0.00
1,875.00
375.00
0.00
224.27
(224.27)
150.73
0.00
150.73
912828UG3 US Treasury
Note
0.375% Due 01/15/2016
01/22/2014
01/23/2014
200,000.00
199,838.65
0.00
0.00
199,844.98
35.22
0.00
93.23
58.01
6.33
0.00
6.33
64.34
0.00
64.34
912828TD2 US Treasury
Note
0.25% Due 07/15/2015
10/15/2013
10/18/2013
200,000.00
199,818.32
0.00
0.00
199,827.94
23.48
0.00
62.15
38.67
9.62
0.00
9.62
48.29
0.00
48.29
912828SY7 US Treasury
Note
0.625% Due 05/31/2017
07/25/2013
07/26/2013
210,000.00
207,680.93
0.00
0.00
207,734.38
227.16
0.00
328.13
100.97
53.45
0.00
53.45
154.42
0.00
154.42
912828SC5 US Treasury
Note
0.875% Due 01/31/2017
02/26/2014
02/27/2014
210,000.00
0.00
211,231.17
0.00
211,228.87
0.00
(137.05)
147.20
10.15
0.00
2.30
(2.30)
7.85
0.00
7.85
912828RF9 US Treasury
Note
1% Due 08/31/2016
10/12/2012
10/15/2012
215,000.00
217,849.90
0.00
0.00
217,765.19
914.64
1,075.00
5.84
166.20
0.00
84.71
(84.71)
81.49
0.00
81.49
912828QA1 US Treasury
Note
2.25% Due 03/31/2016
12/14/2012
12/17/2012
195,000.00
202,803.36
0.00
0.00
202,526.44
1,494.64
0.00
1,832.14
337.50
0.00
276.92
(276.92)
60.58
0.00
60.58
912828PZ7 US Treasury
Note
1.25% Due 03/15/2014
06/14/2012
06/15/2012
195,000.00
195,212.15
0.00
0.00
195,070.72
935.95
0.00
1,124.48
188.53
0.00
141.43
(141.43)
47.10
0.00
47.10
TOTAL Fixed Income 9,720,000.00
9,803,857.22
510,818.42
485,000.00
9,823,172.31
43,544.34
16,304.63
39,684.27
12,444.56
250.76
6,754.09
(6,503.33)
5,941.23
0.00
5,941.23
Income Earned
1/31/14 Thru 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Unreal G/L
Total Income
PACKET PAGE: 46AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 16
31846V203 First American
Govt Obligation Fund Various
Various
9,618.46
19,923.46
290,287.88
300,592.88
9,618.46
0.00
1.40
0.00
1.40
0.00
0.00
0.00
1.40
0.00
1.40
06538CFH9 Bank of Tokyo Mitsubishi NY
Discount CP
0.22% Due 06/17/2014
02/12/2014
02/13/2014
200,000.00
0.00
199,848.44
0.00
199,868.00
0.00
0.00
0.00
0.00
19.56
0.00
19.56
19.56
0.00
19.56
TOTAL Cash & Equivalent 209,618.46
219,909.46
490,136.32
500,592.88
209,486.46
0.00
1.40
0.00
1.40
33.56
0.00
33.56
34.96
0.00
34.96
TOTAL PORTFOLIO 9,929,618.46
10,023,766.68
1,000,954.74
985,592.88
10,032,658.77
43,544.34
16,306.03
39,684.27
12,445.96
284.32
6,754.09
(6,469.77)
5,976.19
0.00
5,976.19
Income Earned
1/31/14 Thru 2/28/14
City of San Jacinto
Account #10167
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Unreal G/L
Total Income
PACKET PAGE: 47AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 17
04/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
9,313.91 79.27 9,393.18
04/15/2014 Interest 68389XAN5 200,000.00 Oracle Corp Note
1.2% Due 10/15/2017
0.00 1,200.00 1,200.00
04/15/2014 Interest 278642AB9 125,000.00 Ebay Inc Note
1.625% Due 10/15/2015
0.00 1,015.63 1,015.63
04/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
0.00 48.40 48.40
04/01/2014 Interest 94974BET3 120,000.00 Wells Fargo Corp Note
3.75% Due 10/1/2014
0.00 2,250.00 2,250.00
Apr 2014 199,313.91 8,187.05 207,500.96
03/11/2014 Interest 3133XXP43 270,000.00 FHLB Note
3.125% Due 3/11/2016
0.00 4,218.75 4,218.75
03/13/2014 Interest 191216AX8 125,000.00 Coca Cola Company Note
0.75% Due 3/13/2015
0.00 468.75 468.75
03/03/2014 Maturity 24422ERA9 120,000.00 John Deere Capital Corp Note 120,000.00 960.00 120,960.00
03/08/2014 Interest 3137EADC0 220,000.00 FHLMC Note
1% Due 3/8/2017
0.00 1,100.00 1,100.00
03/05/2014 Interest 713448BX5 125,000.00 Pepsico Inc. Note
0.75% Due 3/5/2015
0.00 468.75 468.75
03/11/2014 Interest 313370JB5 275,000.00 FHLB Note
1.75% Due 9/11/2015
0.00 2,406.25 2,406.25
03/09/2014 Interest 313378A43 235,000.00 FHLB Note
1.375% Due 3/9/2018
0.00 1,615.63 1,615.63
03/29/2014 Interest 3137EADL0 200,000.00 FHLMC Note
1% Due 9/29/2017
0.00 1,000.00 1,000.00
03/31/2014 Interest 912828QA1 195,000.00 US Treasury Note
2.25% Due 3/31/2016
0.00 2,193.75 2,193.75
03/13/2014 Maturity 31398AVZ2 285,000.00 FNMA Note
2.75% Due 3/13/2014
285,000.00 3,918.75 288,918.75
03/25/2014 Interest 594918AG9 125,000.00 Microsoft Note
1.625% Due 9/25/2015
0.00 1,015.63 1,015.63
03/15/2014 Maturity 912828PZ7 195,000.00 US Treasury Note
1.25% Due 3/15/2014
195,000.00 1,218.75 196,218.75
03/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
9,527.82 83.48 9,611.30
03/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
0.00 48.40 48.40
Mar 2014 609,527.82 20,716.89 630,244.71
Cash Flow Report
From 02/28/2014
City of San Jacinto
Account #10167
Payment Date
Transaction
Type CUSIP Quantity Security Description Principal Amount Income Total Amount
PACKET PAGE: 48AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 18
06/16/2014 Interest 31331VGU4 250,000.00 FFCB Note
4.875% Due 12/16/2015
0.00 6,093.75 6,093.75
06/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
8,885.71 71.13 8,956.84
06/11/2014 Interest 313371NW2 225,000.00 FHLB Note
1.375% Due 12/11/2015
0.00 1,546.88 1,546.88
06/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
0.00 48.40 48.40
06/17/2014 Maturity 06538CFH9 200,000.00 Bank of Tokyo Mitsubishi NY Discount CP
0.22% Due 6/17/2014
200,000.00 0.00 200,000.00
06/05/2014 Interest 69371RK62 150,000.00 Paccar Financial Corp Note
1.05% Due 6/5/2015
0.00 787.50 787.50
Jun 2014 403,885.71 9,644.54 413,530.25
05/16/2014 Interest 31331J2S1 290,000.00 FFCB Note
1.5% Due 11/16/2015
0.00 2,175.00 2,175.00
05/09/2014 Interest 36962G4T8 185,000.00 General Electric Capital Corp Note
2.25% Due 11/9/2015
0.00 2,081.25 2,081.25
05/15/2014 Maturity 31398AXJ6 290,000.00 FNMA Note
2.5% Due 5/15/2014
290,000.00 3,625.00 293,625.00
05/03/2014 Interest 037833AH3 200,000.00 Apple Inc Note
0.45% Due 5/3/2016
0.00 450.00 450.00
05/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
0.00 48.40 48.40
05/31/2014 Interest 912828SY7 210,000.00 US Treasury Note
0.625% Due 5/31/2017
0.00 656.25 656.25
05/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
9,099.88 75.15 9,175.03
05/28/2014 Maturity 313373JR4 290,000.00 FHLB Note
1.375% Due 5/28/2014
290,000.00 1,993.75 291,993.75
05/27/2014 Interest 3135G0KM4 200,000.00 FNMA Note
0.5% Due 5/27/2015
0.00 500.00 500.00
05/27/2014 Interest 3137EACT4 180,000.00 FHLMC Note
2.5% Due 5/27/2016
0.00 2,250.00 2,250.00
May 2014 589,099.88 13,854.80 602,954.68
04/23/2014 Maturity 3137EACB3 190,000.00 FHLMC Note
2.5% Due 4/23/2014
190,000.00 2,375.00 192,375.00
04/30/2014 Interest 912828PE4 195,000.00 US Treasury Note
1.25% Due 10/31/2015
0.00 1,218.75 1,218.75
Apr 2014 199,313.91 8,187.05 207,500.96
Cash Flow Report
From 02/28/2014
City of San Jacinto
Account #10167
Payment Date
Transaction
Type CUSIP Quantity Security Description Principal Amount Income Total Amount
PACKET PAGE: 49AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 19
08/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
8,457.00 63.38 8,520.38
08/17/2014 Interest 3133EADW5 200,000.00 FFCB Note
0.55% Due 8/17/2015
0.00 550.00 550.00
08/15/2014 Interest 742718DV8 190,000.00 Procter & Gamble Co Note
1.45% Due 8/15/2016
0.00 1,377.50 1,377.50
08/15/2014 Interest 674599CB9 120,000.00 Occidental Petroleum Note
1.75% Due 2/15/2017
0.00 1,050.00 1,050.00
08/15/2014 Interest 48126EAA5 125,000.00 JP Morgan Note
2% Due 8/15/2017
0.00 1,250.00 1,250.00
08/13/2014 Interest 40428HPG1 125,000.00 HSBC USA Inc Note
2.375% Due 2/13/2015
0.00 1,484.38 1,484.38
Aug 2014 16,900.86 11,435.82 28,336.68
07/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
8,672.57 48.40 8,720.97
07/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
8,671.42 67.21 8,738.63
07/05/2014 Interest 459200GU9 120,000.00 IBM Corp Note
2% Due 1/5/2016
0.00 1,200.00 1,200.00
07/15/2014 Interest 912828TD2 200,000.00 US Treasury Note
0.25% Due 7/15/2015
0.00 250.00 250.00
07/15/2014 Interest 912828UG3 200,000.00 US Treasury Note
0.375% Due 1/15/2016
0.00 375.00 375.00
07/28/2014 Interest 3137EADJ5 220,000.00 FHLMC Note
1% Due 7/28/2017
0.00 1,100.00 1,100.00
07/31/2014 Interest 084670BD9 200,000.00 Berkshire Hathaway Note
1.9% Due 1/31/2017
0.00 1,900.00 1,900.00
07/31/2014 Interest 912828SC5 210,000.00 US Treasury Note
0.875% Due 1/31/2017
0.00 918.75 918.75
07/30/2014 Interest 3135G0GY3 295,000.00 FNMA Note
1.25% Due 1/30/2017
0.00 1,843.75 1,843.75
07/28/2014 Maturity 3137EACD9 190,000.00 FHLMC Note
3% Due 7/28/2014
190,000.00 2,850.00 192,850.00
07/29/2014 Interest 3133ECFV1 225,000.00 FFCB Note
0.43% Due 1/29/2016
0.00 483.75 483.75
Jul 2014 207,343.99 11,036.86 218,380.85
06/27/2014 Maturity 3135G0BJ1 195,000.00 FNMA Note
1.125% Due 6/27/2014
195,000.00 1,096.88 196,096.88
Jun 2014 403,885.71 9,644.54 413,530.25
Cash Flow Report
From 02/28/2014
City of San Jacinto
Account #10167
Payment Date
Transaction
Type CUSIP Quantity Security Description Principal Amount Income Total Amount
PACKET PAGE: 50AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 20
10/15/2014 Interest 278642AB9 125,000.00 Ebay Inc Note
1.625% Due 10/15/2015
0.00 1,015.63 1,015.63
10/01/2014 Maturity 94974BET3 120,000.00 Wells Fargo Corp Note
3.75% Due 10/1/2014
120,000.00 2,250.00 122,250.00
Oct 2014 136,013.82 5,778.65 141,792.47
09/29/2014 Interest 3137EADL0 200,000.00 FHLMC Note
1% Due 9/29/2017
0.00 1,000.00 1,000.00
09/30/2014 Interest 912828QA1 195,000.00 US Treasury Note
2.25% Due 3/31/2016
0.00 2,193.75 2,193.75
09/25/2014 Interest 594918AG9 125,000.00 Microsoft Note
1.625% Due 9/25/2015
0.00 1,015.63 1,015.63
09/09/2014 Interest 313378A43 235,000.00 FHLB Note
1.375% Due 3/9/2018
0.00 1,615.63 1,615.63
09/11/2014 Interest 313370JB5 275,000.00 FHLB Note
1.75% Due 9/11/2015
0.00 2,406.25 2,406.25
09/05/2014 Interest 713448BX5 125,000.00 Pepsico Inc. Note
0.75% Due 3/5/2015
0.00 468.75 468.75
09/08/2014 Interest 3137EADC0 220,000.00 FHLMC Note
1% Due 3/8/2017
0.00 1,100.00 1,100.00
09/11/2014 Interest 3133XXP43 270,000.00 FHLB Note
3.125% Due 3/11/2016
0.00 4,218.75 4,218.75
09/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
8,242.47 59.64 8,302.11
09/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
8,215.01 41.55 8,256.56
09/13/2014 Interest 191216AX8 125,000.00 Coca Cola Company Note
0.75% Due 3/13/2015
0.00 468.75 468.75
Sep 2014 16,457.48 14,588.70 31,046.18
08/28/2014 Interest 3135G0MZ3 325,000.00 FNMA Note
0.875% Due 8/28/2017
0.00 1,421.88 1,421.88
08/25/2014 Interest 3137EACW7 190,000.00 FHLMC Note
2% Due 8/25/2016
0.00 1,900.00 1,900.00
08/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
8,443.86 44.93 8,488.79
08/31/2014 Interest 912828NV8 195,000.00 US Treasury Note
1.25% Due 8/31/2015
0.00 1,218.75 1,218.75
08/31/2014 Interest 912828RF9 215,000.00 US Treasury Note
1% Due 8/31/2016
0.00 1,075.00 1,075.00
Aug 2014 16,900.86 11,435.82 28,336.68
Cash Flow Report
From 02/28/2014
City of San Jacinto
Account #10167
Payment Date
Transaction
Type CUSIP Quantity Security Description Principal Amount Income Total Amount
PACKET PAGE: 51AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 21
01/05/2015 Interest 459200GU9 120,000.00 IBM Corp Note
2% Due 1/5/2016
0.00 1,200.00 1,200.00
Jan 2015 14,681.28 8,145.86 22,827.14
12/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
7,598.09 49.01 7,647.10
12/11/2014 Interest 313371NW2 225,000.00 FHLB Note
1.375% Due 12/11/2015
0.00 1,546.88 1,546.88
12/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
7,527.63 31.97 7,559.60
12/16/2014 Interest 31331VGU4 250,000.00 FFCB Note
4.875% Due 12/16/2015
0.00 6,093.75 6,093.75
12/05/2014 Interest 69371RK62 150,000.00 Paccar Financial Corp Note
1.05% Due 6/5/2015
0.00 787.50 787.50
Dec 2014 15,125.72 8,509.11 23,634.83
11/16/2014 Interest 31331J2S1 290,000.00 FFCB Note
1.5% Due 11/16/2015
0.00 2,175.00 2,175.00
11/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
7,813.01 52.46 7,865.47
11/03/2014 Interest 037833AH3 200,000.00 Apple Inc Note
0.45% Due 5/3/2016
0.00 450.00 450.00
11/09/2014 Interest 36962G4T8 185,000.00 General Electric Capital Corp Note
2.25% Due 11/9/2015
0.00 2,081.25 2,081.25
11/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
7,756.90 35.07 7,791.97
11/30/2014 Interest 912828SY7 210,000.00 US Treasury Note
0.625% Due 5/31/2017
0.00 656.25 656.25
11/27/2014 Interest 3137EACT4 180,000.00 FHLMC Note
2.5% Due 5/27/2016
0.00 2,250.00 2,250.00
11/27/2014 Interest 3135G0KM4 200,000.00 FNMA Note
0.5% Due 5/27/2015
0.00 500.00 500.00
Nov 2014 15,569.91 8,200.03 23,769.94
10/15/2014 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
8,027.80 56.00 8,083.80
10/15/2014 Interest 68389XAN5 200,000.00 Oracle Corp Note
1.2% Due 10/15/2017
0.00 1,200.00 1,200.00
10/21/2014 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
7,986.02 38.27 8,024.29
10/31/2014 Interest 912828PE4 195,000.00 US Treasury Note
1.25% Due 10/31/2015
0.00 1,218.75 1,218.75
Oct 2014 136,013.82 5,778.65 141,792.47
Cash Flow Report
From 02/28/2014
City of San Jacinto
Account #10167
Payment Date
Transaction
Type CUSIP Quantity Security Description Principal Amount Income Total Amount
PACKET PAGE: 52AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 22
02/15/2015 Interest 674599CB9 120,000.00 Occidental Petroleum Note
1.75% Due 2/15/2017
0.00 1,050.00 1,050.00
02/15/2015 Interest 742718DV8 190,000.00 Procter & Gamble Co Note
1.45% Due 8/15/2016
0.00 1,377.50 1,377.50
02/15/2015 Interest 48126EAA5 125,000.00 JP Morgan Note
2% Due 8/15/2017
0.00 1,250.00 1,250.00
02/28/2015 Interest 912828RF9 215,000.00 US Treasury Note
1% Due 8/31/2016
0.00 1,075.00 1,075.00
02/25/2015 Interest 3137EACW7 190,000.00 FHLMC Note
2% Due 8/25/2016
0.00 1,900.00 1,900.00
02/28/2015 Interest 3135G0MZ3 325,000.00 FNMA Note
0.875% Due 8/28/2017
0.00 1,421.88 1,421.88
02/21/2015 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
7,068.67 26.04 7,094.71
02/15/2015 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
7,167.89 42.39 7,210.28
02/17/2015 Interest 3133EADW5 200,000.00 FFCB Note
0.55% Due 8/17/2015
0.00 550.00 550.00
02/13/2015 Maturity 40428HPG1 125,000.00 HSBC USA Inc Note
2.375% Due 2/13/2015
125,000.00 1,484.38 126,484.38
Feb 2015 139,236.56 11,395.94 150,632.50
01/15/2015 Interest 912828UG3 200,000.00 US Treasury Note
0.375% Due 1/15/2016
0.00 375.00 375.00
01/15/2015 Paydown 47787RAC4 189,000.00 John Deere Owner Trust 2012-B A3
0.53% Due 7/15/2016
7,383.06 45.65 7,428.71
01/31/2015 Interest 084670BD9 200,000.00 Berkshire Hathaway Note
1.9% Due 1/31/2017
0.00 1,900.00 1,900.00
01/15/2015 Interest 912828TD2 200,000.00 US Treasury Note
0.25% Due 7/15/2015
0.00 250.00 250.00
01/30/2015 Interest 3135G0GY3 295,000.00 FNMA Note
1.25% Due 1/30/2017
0.00 1,843.75 1,843.75
01/31/2015 Interest 912828SC5 210,000.00 US Treasury Note
0.875% Due 1/31/2017
0.00 918.75 918.75
01/29/2015 Interest 3133ECFV1 225,000.00 FFCB Note
0.43% Due 1/29/2016
0.00 483.75 483.75
01/21/2015 Paydown 43814CAC3 121,000.00 Honda Auto Receivables 2013-1 A3
0.48% Due 11/21/2016
7,298.22 28.96 7,327.18
01/28/2015 Interest 3137EADJ5 220,000.00 FHLMC Note
1% Due 7/28/2017
0.00 1,100.00 1,100.00
Jan 2015 14,681.28 8,145.86 22,827.14
Cash Flow Report
From 02/28/2014
City of San Jacinto
Account #10167
Payment Date
Transaction
Type CUSIP Quantity Security Description Principal Amount Income Total Amount
PACKET PAGE: 53AGENDA ITEM 3A.5
Execution Time: 3/4/2014 12:20:44 PMChandler Asset Management - CONFIDENTIAL Page 23
02/28/2015 Interest 912828NV8 195,000.00 US Treasury Note
1.25% Due 8/31/2015
0.00 1,218.75 1,218.75
Feb 2015 139,236.56 11,395.94 150,632.50
Total 2,363,156.94 131,494.25 2,494,651.19
Cash Flow Report
From 02/28/2014
City of San Jacinto
Account #10167
Payment Date
Transaction
Type CUSIP Quantity Security Description Principal Amount Income Total Amount
PACKET PAGE: 54AGENDA ITEM 3A.5
City of San Jacinto
MONTHLY PORTFOLIO REPORT
Prepared by BLX Group for the Period Ended
February 28, 2014PACKET PAGE: 55AGENDA ITEM 3A.5
CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT
FEBRUARY 28, 2014
PORTFOLIO SUMMARY INFORMATION SECTOR & CREDIT QUALITY DISTRIBUTION
Total Par Value 9,832,472
Market Value 10,038,975.68
Accrued Interest 34,167.27
Total Market Value 10,073,142.95
Amortized Book Value 10,025,614.64
Net Unrealized Gain/Loss 13,361.04
Effective Maturity 1.85
Effective Duration 1.82
Average Coupon 1.701%
Average Yield on Cost 0.510%
Average Yield on Market 0.443%
Average S&P Rating AA
Sector (U.S.) MVw/o Acc
Cash & Equivalents 122,472.32
U.S. Treasuries 6,360,738.02
Federal Agencies 1,414,226.55
Corporates 2,141,538.79
1.2%
63.4%
14.1%
21.3%
COUPON DISTRIBUTION
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
0%-1%1%-2%2%-3%3%-4%4%-5%5%-6%6%-7%$(000)MVw/oAcc
Coupon % MVw/o Acc Average Coupon
0% - 1% 1,956,960.21 0.648%
1% - 2% 3,857,771.43 1.417%
2% - 3% 3,676,208.12 2.245%
3% - 4% 387,506.87 3.460%
4% - 5%
5% - 6% 160,529.05 5.125%
6% - 7%
1.2%
88.3%
7.9%2.5%
AAA AA A BelowA
Cash& Equivalents U.S.Treasuries
FederalAgencies Corporates
S&P Quality MVw/o Acc
AAA 122,472.32
AA 8,868,298.94
A 796,641.92
Below A 251,562.50PACKET PAGE: 56AGENDA ITEM 3A.5
CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT
FEBRUARY 28, 2014
MATURITY DISTRIBUTION
Maturity(Yrs) MVw/o Acc
0.00 - 0.49 373,191.07
0.50 - 0.99 288,116.42
1.00 - 1.49 2,371,151.69
1.50 - 1.99 2,060,749.57
2.00 - 2.49 2,830,495.82
2.50 - 2.99 2,115,271.11
3.00 - 3.49 0.00
3.50 - 3.99 0.00
4.00 - 4.49 0.00
4.50 - 4.99 0.00
5.00+0.00
500
1,000
1,500
2,000
2,500
3,000
$(000)MVw/oAcc
DURATION & YIELD DISTRIBUTION
5.00+0.00 0
0.00-0.490.50-0.991.00-1.491.50-1.992.00-2.492.50-2.993.00-3.493.50-3.994.00-4.494.50-4.995.00+Eff Dur % Held (MV) YTW Eff Dur
0.00 - 0.49 5.316% 0.345% 0.33
0.50 - 0.99 6.157% 0.248% 0.95
1.00 - 1.49 21.239% 0.472% 1.29
1.50 - 1.99 22.664% 0.388% 1.75
2.00 - 2.49 28.292% 0.438% 2.25
2.50 - 2.99 16.331% 0.596% 2.69
3.00 - 3.49
3.50 - 3.99
4.00 - 4.49
4.50 - 4.99
5.00+
0.00%
0.10%
0.20%
0.30%
0.40%
0.50%
0.60%
0.70%
0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
30.00%0.00-0.490.50-0.991.00-1.491.50-1.992.00-2.492.50-2.993.00-3.493.50-3.994.00-4.494.50-4.995.00+Yield(%)MarketValuePercentage(%)EffectiveDuration Bucket
%of Market Value (Left Axis)
PortfolioYield(RightAxis)PACKET PAGE: 57AGENDA ITEM 3A.5
CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT
FEBRUARY 28, 2014
PORTFOLIO HOLDINGS
Purchase Original Yield Amortized Market Market Value Accrued Market Value Yield Gain/ Moody's S&P Effective Effective % Market
CUSIP Issuer Name Coupon Maturity Par Value Date Cost Value on Cost Book Value Price w/o Accrued Interest w/ Accrued on Market Loss Rating Rating Maturity Duration Value
Cash & Equivalents
FGVXX First American Government Obligations - Class Y 0.010% 03/01/14 122,472 122,472.32 0.010% 122,472.32 100.000 122,472.32 0.47 122,472.79 0.010% 0.00 Aaa AAA 0.00 0.00 1.22%
Total Cash & Equivalents 122,472 122,472.32 0.010% 122,472.32 122,472.32 0.47 122,472.79 0.010% 0.00 Aaa AAA 0.00 0.00 1.22%
U.S. TreasuryBonds
912828MR8 US Treasury Notes/Bonds 2.375% 02/28/15 480,000 03/05/13 500,212.50 0.243% 490,188.28 102.195 490,537.44 30.98 490,568.42 0.177% 349.16 Aaa AA+ 1.00 0.99 4.89%
912828NP1 US Treasury Notes/Bonds 1.750% 07/31/15 450,000 11/04/13 461,654.30 0.252% 459,537.41 102.203 459,913.95 630.87 460,544.82 0.198% 376.54 Aaa AA+ 1.42 1.40 4.58%
912828PS3 US Treasury Notes/Bonds 2.000% 01/31/16 450,000 05/02/13 471,199.22 0.272% 464,877.24 103.227 464,519.70 720.99 465,240.69 0.315% -357.54 Aaa AA+ 1.92 1.89 4.63%
912828QJ2 US Treasury Notes/Bonds 2.125% 02/29/16 450,000 06/04/13 470,847.66 0.419% 465,272.71 103.562 466,031.25 25.99 466,057.24 0.336% 758.54 Aaa AA+ 2.00 1.97 4.64%
912828QA1 US Treasury Notes/Bonds 2.250% 03/31/16 430,000 04/04/13 454,691.41 0.311% 447,294.56 103.906 446,796.66 4,040.11 450,836.77 0.368% -497.90 Aaa AA+ 2.08 2.03 4.45%
912828QF0 US Treasury Notes/Bonds 2.000% 04/30/16 450,000 06/04/13 469,775.39 0.472% 464,796.45 103.453 465,538.95 3,008.29 468,547.24 0.399% 742.50 Aaa AA+ 2.17 2.12 4.64%
912828QP8 US Treasury Notes/Bonds 1.750% 05/31/16 475,000 12/03/13 490,864.26 0.399% 489,368.44 102.969 489,101.80 2,078.12 491,179.92 0.424% -266.64 Aaa AA+ 2.25 2.21 4.87%
912828QR4 US Treasury Notes/Bonds 1.500% 06/30/16 450,000 10/02/13 461,636.72 0.548% 459,915.64 102.437 460,968.75 1,118.78 462,087.53 0.450% 1,053.11 Aaa AA+ 2.33 2.29 4.59%
912828QX1 US Treasury Notes/Bonds 1.500% 07/31/16 490,000 08/02/13 503,092.19 0.595% 500,623.74 102.461 502,058.41 588.81 502,647.22 0.477% 1,434.67 Aaa AA+ 2.42 2.38 5.00%
912828RF9 US Treasury Notes/Bonds 1.000% 08/31/16 470,000 09/04/13 471,615.63 0.883% 471,357.63 101.227 475,765.02 12.77 475,777.79 0.506% 4,407.39 Aaa AA+ 2.50 2.48 4.74%
912828RJ1 US Treasury Notes/Bonds 1.000% 09/30/16 250,000 11/04/13 253,076.17 0.571% 252,744.58 101.172 252,929.75 1,043.96 253,973.71 0.543% 185.17 Aaa AA+ 2.58 2.54 2.52%
912828RM4 US Treasury Notes/Bonds 1.000%10/31/16 450,000 01/06/14 453,515.63 0.719%453,339.32 101.125 455,062.50 1,504.14 456,566.64 0.575%1,723.18 Aaa AA+2.67 2.63 4.53%912828RM4 US Treasury Notes/Bonds 1.000%10/31/16 450,000 01/06/14 453,515.63 0.719%453,339.32 101.125 455,062.50 1,504.14 456,566.64 0.575%1,723.18 Aaa AA+2.67 2.63 4.53%
912828RU6 US Treasury Notes/Bonds 0.875% 11/30/16 475,000 12/03/13 479,286.13 0.570% 478,950.91 100.742 478,525.39 1,039.06 479,564.45 0.603% -425.52 Aaa AA+ 2.75 2.71 4.77%
912828RX0 US Treasury Notes/Bonds 0.875% 12/31/16 450,000 02/03/14 453,251.95 0.623% 453,178.97 100.664 452,988.45 652.62 453,641.07 0.638% -190.52 Aaa AA+ 2.83 2.80 4.51%
Total U.S. TreasuryBonds 6,220,000 6,394,719.16 0.488% 6,351,445.88 6,360,738.02 16,495.49 6,377,233.51 0.425% 9,292.14 Aaa AA+ 2.19 2.16 63.36%
Federal AgencyBonds
3137EADD8 Federal Home Loan Mortgage Corporation 0.500% 04/17/15 450,000 10/31/12 451,539.00 0.360% 450,709.35 100.332 451,494.45 837.50 452,331.95 0.207% 785.10 Aaa AA+ 1.17 1.13 4.50%
3135G0KM4 Federal National Mortgage Association 0.500% 05/27/15 450,000 01/04/13 451,665.00 0.344% 450,867.73 100.329 451,479.60 587.50 452,067.10 0.236% 611.87 Aaa AA+ 1.25 1.24 4.50%
3137EACM9 Federal Home Loan Mortgage Corporation 1.750% 09/10/15 500,000 11/20/12 518,940.00 0.383% 510,406.69 102.250 511,252.50 4,156.25 515,408.75 0.278% 845.81 Aaa AA+ 1.50 1.50 5.09%
Total Federal AgencyBonds 1,400,000 1,422,144.00 0.363% 1,411,983.77 1,414,226.55 5,581.25 1,419,807.80 0.242% 2,242.78 Aaa AA+ 1.31 1.30 14.09%
Corporate Bonds
87612EAW6 Target Corp 1.125% 07/18/14 250,000 11/13/12 252,922.50 0.423% 250,668.85 100.287 250,718.75 335.94 251,054.69 0.384% 49.90 A2 A+ 0.42 0.38 2.50%
0258M0CZ0 American Express Credit Corp 5.125% 08/25/14 157,000 11/13/12 169,465.80 0.620% 160,423.75 102.248 160,529.05 134.10 160,663.15 0.541% 105.30 A2 A- 0.50 0.49 1.60%
824348AN6 Sherwin-Williams Co 3.125% 12/15/14 125,000 11/13/12 131,810.00 0.490% 127,601.15 102.070 127,587.37 824.65 128,412.02 0.519% -13.78 A3 A 0.83 0.78 1.27%
372917AQ7 Genzyme Corp 3.625% 06/15/15 250,000 10/26/12 269,797.50 0.577% 259,781.00 103.968 259,919.50 1,913.19 261,832.69 0.551% 138.50 A1 AA 1.33 1.26 2.59%
14912L4M0 Caterpillar Fin Serv Crp 2.750% 06/24/15 250,000 10/26/12 263,980.00 0.616% 256,975.05 103.123 257,806.75 1,279.51 259,086.26 0.380% 831.70 A2 A 1.33 1.30 2.57%
24702RAL5 Dell Inc 2.300% 09/10/15 250,000 10/26/12 260,307.50 0.836% 255,539.85 100.625 251,562.50 2,731.25 254,293.75 1.884% -3,977.35 B1 B+ 1.50 1.48 2.51%
36962G4T8 General Electric Capital Corp 2.250% 11/09/15 450,000 10/25/12 467,185.50 0.966% 459,673.25 102.894 463,022.10 3,150.00 466,172.10 0.535% 3,348.85 A1 AA+ 1.67 1.66 4.61%
78008KBS1 Royal Bank of Canada 2.625% 12/15/15 250,000 10/25/12 264,480.00 0.746% 258,340.93 103.764 259,411.00 1,385.42 260,796.42 0.518% 1,070.07 Aa3 AA- 1.83 1.75 2.58%
459200GU9 IBMCorp 2.000% 01/05/16 108,000 10/26/12 112,639.68 0.632% 110,708.84 102.761 110,981.77 336.00 111,317.77 0.501% 272.93 Aa3 AA- 1.83 1.82 1.11%
Total Corporate Bonds 2,090,000 2,192,588.48 0.699% 2,139,712.67 2,141,538.79 12,090.06 2,153,628.85 0.655% 1,826.12 A2 A+ 1.31 1.28 21.33%
Portfolio Totals 1.701% 9,832,472 10,131,923.96 0.510% 10,025,614.64 102.100 10,038,975.68 34,167.27 10,073,142.95 0.443% 13,361.04 Aa1 AA 1.85 1.82 100%PACKET PAGE: 58AGENDA ITEM 3A.5
CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT
FEBRUARY 28, 2014
PORTFOLIO TRANSACTIONS
Trade Settle Unit Amortized Unit Sale/Purchased Total Cost/ Net
Date Date Quantity Security Coupon Maturity Par Value Cost Book Value Price Principal Accrued Interest Proceeds Gain/Loss
Purchases
02/03/14 02/05/14 450,000 US Treasury Notes/Bonds 0.875% 12/31/16 450,000 100.72 453,251.95 391.57 453,643.52
Total Purchases 450,000 453,251.95 391.57 453,643.52
Sales
02/03/14 02/05/14 480,000 US Treasury Notes/Bonds 2.250% 01/31/15 480,000 101.99 489,530.58 102.07 489,937.50 149.17 490,086.67 406.92
Total Sales 480,000 489,530.58 489,937.50 149.17 490,086.67 406.92PACKET PAGE: 59AGENDA ITEM 3A.5
CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT
FEBRUARY 28, 2014
PORTFOLIO INTEREST EARNINGS
Beginning Adjusted Ending
Security Accrued Purchased Sold Interest Earned Amortization/ Interest Accrued
Symbol Description Coupon Maturity Interest Interest Interest Received Interest Accretion Earned Interest
U.S. TreasuryBonds
912828MH0 US Treasury Notes/Bonds 2.250% 01/31/15 29.83 0.00 -149.17 0.00 119.34 -132.59 -13.25 0.00
912828MR8 US Treasury Notes/Bonds 2.375% 02/28/15 4,849.72 0.00 0.00 -5,700.00 881.25 -782.69 98.56 30.98
912828NP1 US Treasury Notes/Bonds 1.750% 07/31/15 21.75 0.00 0.00 0.00 609.12 -515.57 93.55 630.87
912828PS3 US Treasury Notes/Bonds 2.000% 01/31/16 24.86 0.00 0.00 0.00 696.13 -592.62 103.51 720.99
912828QJ2 US Treasury Notes/Bonds 2.125% 02/29/16 4,068.02 0.00 0.00 -4,781.25 739.21 -583.26 155.95 25.99
912828QA1 US Treasury Notes/Bonds 2.250% 03/31/16 3,295.88 0.00 0.00 0.00 744.23 -634.18 110.05 4,040.11
912828QF0 US Treasury Notes/Bonds 2.000% 04/30/16 2,312.15 0.00 0.00 0.00 696.13 -521.00 175.14 3,008.29
912828QP8 US Treasury Notes/Bonds 1.750% 05/31/16 1,438.70 0.00 0.00 0.00 639.42 -487.17 152.26 2,078.12
912828QR4 US Treasury Notes/Bonds 1.500% 06/30/16 596.69 0.00 0.00 0.00 522.10 -323.72 198.38 1,118.78
912828QX1 US Treasury Notes/Bonds 1.500% 07/31/16 20.30 0.00 0.00 0.00 568.51 -334.38 234.12 588.81
912828RF9 US Treasury Notes/Bonds 1.000% 08/31/16 1,999.45 0.00 0.00 -2,350.00 363.32 -41.12 322.20 12.77
912828RJ1 US Treasury Notes/Bonds 1.000% 09/30/16 851.65 0.00 0.00 0.00 192.31 -80.79 111.52 1,043.96
912828RM4 US Treasury Notes/Bonds 1.000% 10/31/16 1,156.08 0.00 0.00 0.00 348.07 -94.96 253.11 1,504.14
912828RU6 US Treasury Notes/Bonds 0.875% 11/30/16 719.35 0.00 0.00 0.00 319.71 -109.19 210.52 1,039.06
912828RX0 US Treasury Notes/Bonds 0.875% 12/31/16 0.00 391.57 0.00 0.00 261.05 -72.98 188.07 652.62
Total U.S. TreasuryBonds 21,384.43 391.57 -149.17 -12,831.25 7,699.90 -5,306.22 2,393.69 16,495.49
Federal AgencyBonds
3137EADD8 Federal Home Loan Mortgage Corporation 0.500% 04/17/15 650.00 0.00 0.00 0.00 187.50 -48.10 139.40 837.50
3135G0KM4 Federal National Mortgage Association 0.500% 05/27/15 400.00 0.00 0.00 0.00 187.50 -53.63 133.87 587.50
3137EACM9 Federal Home Loan Mortgage Corporation 1.750% 09/10/15 3,427.08 0.00 0.00 0.00 729.17 -520.60 208.57 4,156.25
Total Federal AgencyBonds 4,477.08 0.00 0.00 0.00 1,104.17 -622.33 481.84 5,581.25PACKET PAGE: 60AGENDA ITEM 3A.5
CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT
FEBRUARY 28, 2014
PORTFOLIO INTEREST EARNINGS (CONTINUED)
Beginning Adjusted Ending
Security Accrued Purchased Sold Interest Earned Amortization/ Interest Accrued
Symbol Description Coupon Maturity Interest Interest Interest Received Interest Accretion Earned Interest
Corporate Bonds
87612EAW6 Target Corp 1.125% 07/18/14 101.56 0.00 0.00 0.00 234.37 -134.60 99.77 335.94
0258M0CZ0 American Express Credit Corp 5.125% 08/25/14 3,486.71 0.00 0.00 -4,023.13 670.53 -540.68 129.85 134.10
824348AN6 Sherwin-Williams Co 3.125% 12/15/14 499.13 0.00 0.00 0.00 325.52 -251.48 74.04 824.65
372917AQ7 Genzyme Corp 3.625% 06/15/15 1,157.99 0.00 0.00 0.00 755.21 -579.17 176.04 1,913.19
14912L4M0 Caterpillar Fin Serv Crp 2.750% 06/24/15 706.60 0.00 0.00 0.00 572.92 -405.14 167.78 1,279.51
24702RAL5 Dell Inc 2.300% 09/10/15 2,252.08 0.00 0.00 0.00 479.17 -276.12 203.04 2,731.25
36962G4T8 General Electric Capital Corp 2.250% 11/09/15 2,306.25 0.00 0.00 0.00 843.75 -434.54 409.21 3,150.00
78008KBS1 Royal Bank of Canada 2.625% 12/15/15 838.54 0.00 0.00 0.00 546.87 -354.62 192.25 1,385.42
459200GU9 IBMCorp 2.000% 01/05/16 156.00 0.00 0.00 0.00 180.00 -111.68 68.32 336.00
Total Corporate Bonds 11,504.86 0.00 0.00 -4,023.13 4,608.34 -3,088.03 1,520.30 12,090.06
Cash & Equivalents
FGVXX First American Government Obligations - Class Y 0.010% 03/01/14 0.28 0.00 0.00 -0.28 0.47 0.00 0.47 0.47
Total Cash & Equivalents 0.28 0.00 0.00 -0.28 0.47 0.00 0.47 0.47
Portfolio Totals 37,366.65 391.57 -149.17 -16,854.66 13,412.88 -9,016.58 4,396.30 34,167.27PACKET PAGE: 61AGENDA ITEM 3A.5
CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT
FEBRUARY 28, 2014
PORTFOLIO CASH LEDGER
Trade Settle
Date Date Activity Description Amount
Cash
02/01/14 Beginning Balance 0.00
02/03/14 Addition to Portfolio 0.28
02/04/14 Withdrawal from Portfolio -0.28
02/28/14 Ending Balance 0.00
First American Government Obligations - Class Y
02/01/14 Beginning Balance 69,278.6802/01/14 Beginning Balance 69,278.68
02/03/14 02/05/14 Sale US Treasury Notes/Bonds 489,937.50
02/03/14 02/05/14 Purchase US Treasury Notes/Bonds -453,251.95
02/03/14 02/05/14 Accrued Interest US Treasury Notes/Bonds 149.17
02/03/14 02/05/14 Accrued Interest US Treasury Notes/Bonds -391.57
02/04/14 02/04/14 Transfer from MMF Dividend 0.28
02/25/14 02/25/14 Interest American Express Credit Corp 4,023.13
02/25/14 Withdrawal from Portfolio -104.17
02/28/14 02/28/14 Interest US Treasury Notes/Bonds 5,700.00
02/28/14 02/28/14 Interest US Treasury Notes/Bonds 4,781.25
02/28/14 02/28/14 Interest US Treasury Notes/Bonds 2,350.00
02/28/14 Ending Balance 122,472.32PACKET PAGE: 62AGENDA ITEM 3A.5
Policy Section
CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT
FEBRUARY 28, 2014
PORTFOLIO PERFORMANCE
Total Return Current Prior 3 Prior 12 Year to Inception 3-Years 5-Years 11/30/12
as of 02/28/2014 Month Months Months Date 11/30/12
City of San Jacinto 0.10 0.16 0.71 0.28 0.79 - - 0.64
BofAMerrill 1-3 Year Treasury 0.09 0.11 0.51 0.25 0.64 0.84 1.23 0.51
Average Annualized Returns
PACKET PAGE: 63AGENDA ITEM 3A.5
CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT
FEBRUARY 28, 2014
PORTFOLIO COMPLIANCE
Section Description Compliance Requirement BLXComment
IX. 2 U.S. Treasury No limitations Compliant
IX. 3 FederalAgency No limitations Compliant
IX. 7 CDARS 30% limitin combination of CD's (including CDARS); 5-year maturity limit Compliant
IX. 8 NegotiableCD's
Issuer musthavelong-term debtrated A or higher and/or short-termdebt
rated A1 or higher by 2 NRSRO's; Maturity ≤to 5 years, 30% totalportfolio Compliant
IX. 5 Federally Insured Time
Deposits Limited to amounts covered under federalinsurance; 5-year maturity limit Compliant
IX. 6 TimeDeposits
Fully collateralized per CA law, 20% limitwhen combined with IX. 5; Issuer
musthavelong-termdebt rated A or higher or short-termdebt rated A1 or
higher by 2 NRSRO's, 5-year maturity limit
Compliant
IX. 1 MunicipalBonds Rated in 4 highestgeneral classifications by nationally recognized rating
service; 5% issuer limitation Compliant
IX. 4 Bankers Acceptances Rated A1 or better and havelong term debtrated A or better by 2 NRSRO's;
Maturity ≤ to 180 days, 40% total portfolio limit, 5% issuer limit Compliant
Section Description Compliance Requirement BLXComment
IX. 16 MutualFunds Authorized by CA GovernmentCodeSection 53601 Compliant
X.A.1 Futures and Options Prohibited Compliant
X.A.3 PotentialZero Accruals Prohibited Compliant
X.A.2 InverseFloaters, Range
Notes, and IO Strips Prohibited Compliant
IX. 14 Pass-Through Securities Issuer debtrated at leastA by 2 NRSRO; Mustberated in theAA category by
2 NRSRO's; 20% totalportfolio limit, 5-year maturity limit Compliant
IX. 15 Money Market Funds
Registerd with SECunder 1940 Act, havehighestranking by 2 NRSRO's;
Retained advisor registered (or exemptfrom registration) with 5 years
experienceinvesting in securities authorized by CA 53601 and atleast$500
million of assets; 20% totalportfolio limit, 10% per fund limit
Compliant
CorporateBonds
Corporations organized and operating in theU.S. or depository institutions
licensed by theU.S. or any stateand operating in theU.S.; Rated in theA
category or better by 2 NRSRO's, 5-year maturity limit; 30% totalportfolio
limit, 5% issuer limit
Compliance
Exception
Noted1
IX. 13
1 In February 2013,the Dell 2.30%9/10/2015Bonds, CUSIP24702RAL5(the “Dell Bonds”), were downgraded by Moody’s Investor Service (“Moody’s”) to Baa1 from A2. In addition, Fitch Ratings (“Fitch”) lowered the ratings on
the Dell Bonds to BB+ from A. The downgrade to below the “A” category by both Moody’s and Fitch caused the Dell Bonds to be out of compliance with the City’s Investment Policy which requires corporate medium term notes
to have a rating in the “A” category or better by at least two nationally recognized statistical rating organizations (“NRSRO’s”). Furthermore,Standard & Poor’s (“S&P”)downgraded the Dell Bonds to BBB from A- in May 2013. In
September 2013,the Dell bonds received additional downgrades; S&Plowered ratings to B+ from BBB and Fitch lowered ratings to B+ from BB+. Moody’s then lowered ratings to B1 from Baa1 in October 2013. Based upon
discussions between BLX Group LLC (“BLX”) and the City, the City has elected to retain the Dell Bonds in the portfolio. This decision is based upon the relatively short remaining term to maturity of the Dell Bonds and the outlook
that Dell will maintain the resources to fully service its debt obligations. The City, together with BLX, will continue to monitor the status of the Dell Bonds and BLX will provide monthly status updates in accordance with the
requirements of the Investment Policy. Please see the accompanying memorandum for further details.
IX. 11 LAIF 70% totalportfolio limit, up to themaximumpermitted balance Compliant
IX. 12 LocalGovernment
InvestmentPools
RiversideCounty InvestmentFund limited to 70% of theportfolio; JPA Pools
limited to 50% of theportfolio Compliant
IX. 9 RepurchaseAgreements
Collateralized at102% in accordancewith policy; 1-year maturity limit, no %
portfolio limit, collateralheld by custodian bank; Subjectto master
repurchaseagreementsubstantially in SIFMA's form
Compliant
IX. 10 CommercialPaper
Issuer is organized and operating in theU.S. with assets of atleast$500
million; Issuer short-term ratings of A1 or higher and long-term ratings of A
or higher by 2 NRSRO's; Maturity ≤ 270 days; 25% total portfolio limit; 5%
issuer limit
Compliant
IX. 8 NegotiableCD's rated A1 or higher by 2 NRSRO's; Maturity ≤to 5 years, 30% totalportfolio
limit, 5% issuer limit
Compliant X.A.3 PotentialZero Accruals Prohibited Compliant
X.A.5 Purchases on Margin Prohibited Compliant
X.A.6 ReverseRepos &
Leverage Prohibited Compliant
X.A.7 Foreign $ Securities Prohibited Compliant
X.B.2 SingleIssuer Limitation 5% issuer limitation, exceptU.S. Governmentand its agencies & enterprises Compliant
X.C.2 CallableSecurities 20% of totalportfolio (excluding MakeWholeCallsecurities) Compliant
X.C.3 MaximumMaturity Individualsecurity maturities limited to 5 years or less Compliant
X.C.4 Portfolio Duration
Limitation
Averageportfolio duration willbemanaged to beapproximatly equalto the
MarketBenchmark selected by theCity (typically +/- 20 of benchmark
duration)
CompliantPACKET PAGE: 64AGENDA ITEM 3A.5
TO CITY OF SAN JACINTO
FROM BLX GROUP LLC
DATE FEBRUARY 28, 2014
RE DOWNGRADE OF DELL BO
On October 29, 2013, the group (the “Dell/Silver Lake Group”) comprised of Dell’s Chairman and Chief
Executive Officer, Michael Dell (“Mr. Dell”), and private equity firm Silver Lake Partners completed the leveraged
buyout transaction (the “Go-Private Transaction”) that they first introduced on February 5, 2013 and later
amended on August 2, 2013. The Dell/Silver Lake Group funde
debt financing arrangements, cash equity contributions, and cash on hand at Dell and its subsidiaries. As of
month end, the City’s Dell Bonds (“Dell Bonds”) hold a rating of B+ by S&P, B1 by Moody’s, and B+
During the month, the price of the Dell Bonds trended higher and the yield trended lower. As reflected in Table
1, the average observed closing price for the Dell Bonds on February 28 was 100.357 compared to 100.271 on
January 31. The average observed closing yield on the Dell Bonds was 2.06% on February 28 compared to
2.13% at the end of January. The average observed spread to a duration
189 basis points (1.89%) compared to 191 basis points (1.91%) at the e
Interactive Data, a leading provider of security pricing services, values the Dell Bonds at a market price of
100.63, up from 100.50 at the end of January. Based upon the City’s amortized cost of 102.22, this market
price indication equates to an unrealized loss of approximately $4,000, which when adjusted for interest earned
to date, results in a net unrealized loss of approximately $1,100 or
would depend upon market conditions and security pricing at the time of sale.
Based upon discussions between BLX Group LLC (“BLX”) and the City, the City has elected to retain the Dell
Bonds in the portfolio rather than sell and realize a market loss on the position. This decision is
relatively short remaining term to maturity of the Dell Bonds and the outlook that a post
Dell will maintain the resources to fully service its debt obligations. The City, together with BLX, will continue to
monitor the status of the Dell Bonds and BLX will provide monthly status updates in accordance with the
requirements of the Investment Policy.
M e m o r a n d u m
CITY OF SAN JACINTO
DOWNGRADE OF DELL BONDS IN CITY INVESTMENT PORTFOLIO
On October 29, 2013, the group (the “Dell/Silver Lake Group”) comprised of Dell’s Chairman and Chief
Dell (“Mr. Dell”), and private equity firm Silver Lake Partners completed the leveraged
Private Transaction”) that they first introduced on February 5, 2013 and later
amended on August 2, 2013. The Dell/Silver Lake Group funded the $24.9 billion Go-Private Transaction with
debt financing arrangements, cash equity contributions, and cash on hand at Dell and its subsidiaries. As of
month end, the City’s Dell Bonds (“Dell Bonds”) hold a rating of B+ by S&P, B1 by Moody’s, and B+
During the month, the price of the Dell Bonds trended higher and the yield trended lower. As reflected in Table
1, the average observed closing price for the Dell Bonds on February 28 was 100.357 compared to 100.271 on
observed closing yield on the Dell Bonds was 2.06% on February 28 compared to
2.13% at the end of January. The average observed spread to a duration-matched Treasury closed February at
189 basis points (1.89%) compared to 191 basis points (1.91%) at the end of January. As of month’s end,
Interactive Data, a leading provider of security pricing services, values the Dell Bonds at a market price of
100.63, up from 100.50 at the end of January. Based upon the City’s amortized cost of 102.22, this market
e indication equates to an unrealized loss of approximately $4,000, which when adjusted for interest earned
to date, results in a net unrealized loss of approximately $1,100 or -0.43%. Of course, any realized gain or loss
ns and security pricing at the time of sale.
Based upon discussions between BLX Group LLC (“BLX”) and the City, the City has elected to retain the Dell
Bonds in the portfolio rather than sell and realize a market loss on the position. This decision is
relatively short remaining term to maturity of the Dell Bonds and the outlook that a post-Go
Dell will maintain the resources to fully service its debt obligations. The City, together with BLX, will continue to
he status of the Dell Bonds and BLX will provide monthly status updates in accordance with the
requirements of the Investment Policy.
M e m o r a n d u m
On October 29, 2013, the group (the “Dell/Silver Lake Group”) comprised of Dell’s Chairman and Chief
Dell (“Mr. Dell”), and private equity firm Silver Lake Partners completed the leveraged
Private Transaction”) that they first introduced on February 5, 2013 and later
Private Transaction with
debt financing arrangements, cash equity contributions, and cash on hand at Dell and its subsidiaries. As of
month end, the City’s Dell Bonds (“Dell Bonds”) hold a rating of B+ by S&P, B1 by Moody’s, and B+by Fitch.
During the month, the price of the Dell Bonds trended higher and the yield trended lower. As reflected in Table
1, the average observed closing price for the Dell Bonds on February 28 was 100.357 compared to 100.271 on
observed closing yield on the Dell Bonds was 2.06% on February 28 compared to
matched Treasury closed February at
nd of January. As of month’s end,
Interactive Data, a leading provider of security pricing services, values the Dell Bonds at a market price of
100.63, up from 100.50 at the end of January. Based upon the City’s amortized cost of 102.22, this market
e indication equates to an unrealized loss of approximately $4,000, which when adjusted for interest earned
0.43%. Of course, any realized gain or loss
Based upon discussions between BLX Group LLC (“BLX”) and the City, the City has elected to retain the Dell
Bonds in the portfolio rather than sell and realize a market loss on the position. This decision is based upon the
Go-Private-Transaction
Dell will maintain the resources to fully service its debt obligations. The City, together with BLX, will continue to
he status of the Dell Bonds and BLX will provide monthly status updates in accordance with the
PACKET PAGE: 65
AGENDA ITEM 3A.5
Table 1: TRACE Trade History
Date High Low Last Avg High
1/31/2014 100.271 100.271 100.271 100.271 2.126
2/3/2014 100.500 100.155 100.155 100.327 2.200
2/4/2014 100.793 100.080 100.700 100.437 2.248
2/5/2014 100.625 100.396 100.396 100.511 2.044
2/6/2014 100.750 100.123 100.750 100.437 2.220
2/7/2014 102.312 100.800 102.312 101.556 1.783
2/10/2014 100.725 100.125 100.525 100.425 2.218
2/11/2014 101.450 100.148 101.450 100.799 2.203
2/12/2014 101.125 100.425 100.425 100.775 2.022
2/13/2014 101.000 100.510 100.510 100.755 1.966
2/14/2014 100.594 100.396 100.396 100.495 2.040
2/18/2014 101.250 100.171 101.250 100.710 2.187
2/19/2014 100.875 100.280 100.280 100.577 2.114
2/21/2014 101.000 100.050 100.274 100.525 2.266
2/24/2014 101.200 100.660 100.875 100.930 1.862
2/25/2014 100.900 99.896 100.279 100.398 2.369
2/26/2014 101.154 100.250 100.770 100.702 2.132
2/27/2014 100.520 100.470 100.520 100.495 1.984
2/28/2014 101.500 99.214 99.214 100.357 2.834
Monthly
Average:101.015 100.231 100.616 100.623 2.150
Price
98
99
100
101
102
103
104
PriceGraph1: Dell Bond Price
50
100
150
200
250
300
SpreadGraph3: Dell Bond Spread
High Low Last Avg Vol(M) Trds Dlr Buy Dlr Sell
2.126 2.126 2.126 2.126 40 2 20
2.200 1.979 2.200 2.090 700 9 340
2.248 1.792 1.851 2.020 591 16 170 200
2.044 1.897 2.044 1.970 2,140 6 1,070 1,000
2.220 1.816 1.816 2.018 1,120 5 60
1.783 0.822 0.822 1.303 770 3 0
2.218 1.830 1.959 2.024 558 7 100 448
2.203 1.364 1.364 1.784 1,105 20 145 195
2.022 1.567 2.022 1.795 669 12 251
1.966 1.647 1.966 1.806 1,240 2 240 1,000
2.040 1.910 2.040 1.975 270 3 15
2.187 1.482 1.482 1.835 305 12 85 120
2.114 1.723 2.114 1.919 372 6 114
2.266 1.639 2.118 1.953 718 10 131 100
1.862 1.507 1.720 1.684 2,110 5 1,000 1,005
2.369 1.703 2.114 2.036 3059 8 1,027 1,000
2.132 1.529 1.784 1.830 1,570 12 1,220 240
1.984 1.950 1.950 1.967 400 2 200
2.834 1.296 2.834 2.065 1,191 14 263 545
2.150 1.636 1.900 1.893 1,049 8 357 330
Yield Dealer to Client Volume(M)
Source:Bloomberg
Source:Bloomberg
0.80
1.30
1.80
2.30
2.80
3.30
YieldGraph2: Dell Bond Yield
9
10
11
12
13
14
15
PriceGraph4: Dell Equity Price
City of San Jacinto
February 28, 2014
Page 2
D→D
Dlr Sell Vol(M)
0 20 20
0 340 360
200 -30 221
1,000 70 70
0 60 1,060
20 -20 750
448 -348 10
195 -50 765
59 192 359
1,000 -760 0
0 15 255
120 -35 100
0 114 258
100 31 487
1,005 -5 105
1,000 27 1,032
240 980 110
0 200 200
545 -282 383
330 28 363
Source: Bloomberg and BLX Group LLC
Dealer to Client Volume(M)
Net
Source:Bloomberg
Source:Bloomberg
PACKET PAGE: 66
AGENDA ITEM 3A.5
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Sharon Paisley, Development Director
SUBJECT: Authorization for the Development Director to Attend a California Debt and
Investment Advisory Commission Seminar in San Diego on April 25, 2014
RECOMMENDATION:
Staff recommends that the City Council, by motion, authorize the travel request for the
Development Director to attend the California Debt and Investment Advisory
Commission (CDIAC) seminar on April 25, 2014.
CDIAC is holding a seminar entitled “Fundamentals of Land-Secured Financing” in San
Diego on April 25, 2014. The registration fee of $150 provides for a full day of training
related to the pre-formation, project implementation and on-going administration of
Mello-Roos Community Facilities District and Assessment District financings.
Breakfast and lunch is provided at the seminar, eliminating any per diem charges.
DISCUSSION:
The San Jacinto River Levee was identified as an infrastructure priority by the City
Council at the April 2, 2013 Goals and Objectives Workshop. Previously, cooperative
agreements regarding the funding of design, engineering, environmental work and
construction had been approved in December 2002 and February 2010 by the City and
the Riverside County Flood Control and Water Conservation District. The City had
planned to utilize Redevelopment tax increment financing to pay its 50% share of the
$40 to $50 million construction project. With the elimination of Redevelopment in June
2011, the City does not have the cash resources in the General Fund nor the capacity
to incur debt to finance its share of construction. The seminar provides an excellent
opportunity to explore these two frequently utilized land-secured funding mechanisms
as well as meet those with infrastructure financing expertise. Moreover, having access
to the latest information assists with making informed decisions.
ALTERNATIVES:
1) Approve staff recommendation.
2) Deny recommendation and provide staff direction.
FISCAL IMPACT:
The estimated cost of $346 for lodging, parking and conference registration are
available in the Fiscal Year 2013-14 Budget in Account Number 010-9600-960-3120.
PACKET PAGE: 67
AGENDA ITEM 3A.6
ATTACHMENTS:
· Travel Expense Request
· Agenda – CDIAC Seminar / Fundamentals of Land-Secured Financing
PACKET PAGE: 68
AGENDA ITEM 3A.6
PACKET PAGE: 69AGENDA ITEM 3A.6
PACKET PAGE: 71AGENDA ITEM 3A.6
PACKET PAGE: 72AGENDA ITEM 3A.6
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Mike Emberton, Assistant City Manager
SUBJECT: Authorization for the Mayor to attend the Annual US Conference of
Mayors in Dallas Texas June 20-23, 2014.
RECOMMENDATION:
Staff recommends that the Council, by motion, authorize the Mayor to attend the Annual
US Conference of Mayors in Dallas, Texas June 20-23, 2014.
DISCUSSION:
The 82nd Annual Meeting of the United States Conference of Mayors provides an
opportunity for the Mayor to participate in municipal best practice activities with other
mayors from cities with populations in excess of 30,000. Additionally, the mayors help
to craft policy ideas and are able to attend valuable educational sessions.
ALTERNATIVES:
1) Approve staff recommendation
2) Deny recommendation and provide staff direction
FISCAL IMPACT:
As indicated above, funds were included in the budget for registration for the Annual
Conference of Mayors in Washington DC in January. However, due to extremely bad
weather, air travel was cancelled which prevented staff from attending the winter
conference (thus, funding was not expended). Anticipated cost of this event is $2,500
which includes air fare and lodging. Registration for the Conference is free for the
Mayor and covers all activities including meals each day of the conference.
ATTACHMENTS:
Mayors Conference Agenda
PACKET PAGE: 73
AGENDA ITEM 3A.7
Title Sponsor:
1
82ND ANNUAL CONFERENCE OF MAYORS
June 20-23, 2014
Dallas, TX
OMNI Dallas Hotel
DRAFT AGENDA
(As of March 17)
MESSAGE TO CONFERENCE ATTENDEES
Unless otherwise noted, all plenary sessions, committee meetings, task force meetings, workshops and social
events are open to all mayors and other officially-registered attendees. However, only member mayors of a
standing committee are eligible to vote on resolutions before that standing committee.
The deadline for submission of proposed resolutions by member mayors is May 21, 2014 at 5:00 pm
EDT. This is the same deadline for standing committee membership changes.
THURSDAY, JUNE 19
2:00 p.m. - 6:00 p.m. Registration
FRIDAY, JUNE 20
6:30 a.m. - 8:15 a.m. Continental Breakfast on the Continental Bridge
Dallas is jumpstarting the Conference by showcasing the newly
opened Continental Bridge overlooking the Trinity and the revival of
an inner-city community. Enjoy jazzercise, continental breakfast,
local entertainment, and the early morning Dallas skyline.
(Attire: Guests are encouraged to wear comfortable workout attire.)
7:00 a.m. - 5:00 p.m. Registration
9:00 a.m. - 10:00 a.m. Orientation for New Mayors and New Members
PACKET PAGE: 75
AGENDA ITEM 3A.7
Title Sponsor:
2
FRIDAY, JUNE 20 (Continued)
9:00 a.m. - 10:30 a.m. TASK FORCE MEETINGS
10:30 a.m. - 11:30 a.m. Membership Standing Committee
10:30 a.m. - 12:00 Noon TASK FORCE MEETINGS
12:30 p.m. - 2:00 p.m. MAYORS CLIMATE PROTECTION AWARDS LUNCHEON
Sponsor: Walmart
2:30 p.m. - 3:45 p.m. STANDING COMMITTEE MEETINGS
Children, Health and Human Services
Criminal and Social Justice
Environment
Transportation and Communications
4:00 p.m. - 5:30 p.m. Women Mayors Meeting
6:00 p.m. - 11:00 p.m. AT&T (Cowboys) Stadium
Experience the state-of-the-art AT&T Stadium, home of the Dallas
Cowboys. Enjoy non-stop entertainment, Texas style hospitality, tours,
and visits by some of the Cowboy greats. The world-recognized
Dallas Cowboy Cheerleaders will perform, alongside the
drumline. You will enjoy a delicious menu of foods prepared by
Legends, and dance the night away to performances by Asleep at the
Wheel and the effervescent LeAnn Rimes.
(Attire: Wear your favorite Jersey and kick up your heels!)
SATURDAY, JUNE 21
7:00 a.m. - 5:00 p.m. Registration
7:30 a.m. - 9:00 a.m. MAYORS AND BUSINESS LEADERS PLENARY BREAKFAST
Sponsor: Bezos Family Foundation
Special Conversation: Early Childhood Education
9:30 a.m. - 10:45 a.m. OPENING PLENARY SESSION
PACKET PAGE: 76
AGENDA ITEM 3A.7
Title Sponsor:
3
SATURDAY, JUNE 21 (Continued)
11:15 a.m. - 12:30 p.m. STANDING COMMITTEES
Community Development and Housing
Energy
Jobs, Education and the Workforce
Metro Economies
12:30 p.m. - 2:00 p.m. ANNUAL LUNCHEON: A Celebration of City Livability
Sponsor: Waste Management, Inc.
2:30 p.m. - 4:00 p.m. BEST PRACTICE FORUMS
2:30 p.m. - 4:00 p.m. U.S. Conference of Mayors Nominating Committee (Closed)
4:15 p.m. - 5:30 p.m. STANDING COMMITTEE MEETINGS
International Affairs
Tourism, Arts, Parks, Entertainment and Sports
6:30 p.m. - 11:00 p.m. Perot Museum of Nature and Science and Klyde Warren Park
Wet your appetite by touring the newly-opened Perot Museum of
Nature and Science, which hosted more than a million guests its first
year. Experience the dazzling collection of one-of-a-kind gems,
interactive stations, incredible dinosaur exhibits and fabulous food
catered through Wolfgang Puck.
Follow-up your tour with a spectacular barbeque feast and
performance by Grammy award winning Lyle Lovett and his full
band as you explore one of Dallas’ newest favorite outdoor hangouts -
Klyde Warren Park.
(Attire: Do it up Dallas style in your casual chic attire.)
11:30 p.m. - 1:00 a.m. After Party at The NYLO (Rooftop)
Keep the party going at the NYLO as we dance the night away on the
rooftop overlooking downtown Dallas.
PACKET PAGE: 77
AGENDA ITEM 3A.7
Title Sponsor:
4
SUNDAY, JUNE 22
7:00 a.m. - 12:00 p.m. Registration
7:30 a.m. - 8:30 a.m. TASK FORCE MEETINGS
9:00 a.m. - 10:30 a.m. PLENARY SESSION
10:45 a.m. - 12:15 p.m. BEST PRACTICE FORUMS
12:30 p.m. - 2:00 p.m. LUNCHEON
Sponsor: AT&T
2:30 p.m. - 3:30 p.m. TASK FORCE MEETINGS
4:00 p.m. - 6:00 p.m. Community Leaders of America: Republican Mayors
4:00 p.m. - 6:00 p.m. National Conference of Democratic Mayors
6:30 p.m. - 1:00 a.m. Arts District
Explore Dallas’ incredible performing arts venues while feasting on
incredibly delicious food, and taking in the local flavor of Dallas
visual and performing artists. Find out what Dallas has to offer as you
experience diverse entertainment in the Morton H. Meyerson
Symphony Hall, the AT&T Performing Arts Center, the Winspear
Opera House, Wyly Theatre and Dallas City Performance Hall. You
will find something new, exciting and incredible in each venue.
The fabulous, award-winning Bonnie Raitt will provide a once-in-a-
lifetime concert at the Annette Strauss Artist Square.
And then, Kool & The Gang will perform at an after-party at
Windspear.
(Attire: Enjoy yourself and showcase your casual chic ensemble.)
PACKET PAGE: 78
AGENDA ITEM 3A.7
Title Sponsor:
5
MONDAY, JUNE 23
7:00 a.m. - 5:00 p.m. Registration
7:30 a.m. - 8:30 a.m. TASK FORCE MEETINGS
9:00 a.m. - 11:00 a.m. BUSINESS SESSION
Debate and Adoption by Membership of Resolutions
Reported Out by the Standing Committees
Vote on Nominating Committee Recommendations
Installation of Officers
11:15 a.m. - 12:15 p.m. TASK FORCE MEETINGS
11:15 a.m. - 12:15 p.m. U.S. Conference of Mayors Executive Committee
12:30 p.m. - 2:00 p.m. CLOSING PLENARY LUNCHEON
Sponsors: Philips
JP Morgan Chase & Co.
2:30 p.m. - 5:00 p.m. HOST CITY WORKSHOPS
6:30 p.m. - 11:00 p.m. Dallas Arboretum and Botanical Gardens – Backyard Bash
Explore one of the most beautiful gardens in the country. Meander
through flora and exhibits while enjoying some of Dallas’ most
famous, and world-renowned chefs. Then relax with a picnic basket
full of goodies as you are entertained by the Texas-Louisiana flavor
of Marcia Ball as the sun sets over gorgeous White Rock Lake.
(Attire: Wear your walking shoes and shorts.)
PACKET PAGE: 79
AGENDA ITEM 3A.7
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Tom Prill, Finance Director
Debbie Vickery, Special Districts Administrator
SUBJECT: Resolution No. 3499 / Initiation for LLPD 2 Annexation No. 88 and Annual
Assessments for FY 2014-2015
RECOMMENDATION:
Staff recommends that the City Council, by motion, approve and adopt the following Resolution
of Initiation ordering the District Engineer to prepare and file a report related to the annexation of
property known as APN 437-220-009 to the City of San Jacinto LLPD No. 2 as Annexation No.
88.
BACKGROUND:
The Assessment District is divided among the original area and 86 annexation areas called
zones with assessments involving over 7,393 individual parcels. A Resolution of Initiation sets
the procedure in action to annex areas to the Assessment District.
Staff will present the Engineer’s Report for approval and set a public hearing date for the mailed
ballot proceedings at a subsequent meeting. After any public input and the election, City
Council may then adopt a resolution confirming the diagram and assessments and authorizing
the levy of assessments in LLPD No. 2 Annexation No. 88, if a majority protest does not exist.
The attached Resolution initiates work on the annexation and annual assessment district levy
required by California Streets and Highways Code, Section 22622.
FISCAL IMPACT:
None
ATTACHMENTS:
Resolution of Initiation-LLPD No. 2 Resolution No. 3499
PACKET PAGE: 81
AGENDA ITEM 3A.8
Page 1 of 3
STATE OF CALIFORNIA ) RESOLUTION NO. 3499
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO INITIATING PROCEEDINGS
PURSUANT TO THE LANDSCAPE AND LIGHTING ACT
OF 1972 FOR THE ANNEXATION OF PROPERTY
(COMMONLY KNOWN AS BOOS DEVELOPMENT
WEST, LLC, ASSESSOR'S PARCEL NO. 437-220-009)
TO LANDSCAPING, LIGHTING AND PARK DISTRICT
NO. 2 (LLPD NO. 2) ANNEXATION NO. 88 AND
ORDERING THE PREPARATION OF THE ENGINER’S
REPORT (LLPD NO. 2 ANNEXATION NO. 88).
WHEREAS, it has been determined by the City Council ("City Council") of the
City of San Jacinto ("City") that the public interest, convenience and necessity
require the installation, operation, maintenance and/or servicing of street lights,
traffic signals, graffiti removal, landscape, drainage facilities and any
improvements appurtenant thereto, as set forth in Section 22535 of the California
Streets and Highways Code
WHEREAS, the City Council has determined that, to finance such facilities
and the maintenance and servicing thereof, certain property that will receive
benefit from the maintenance and servicing of such facilities should be annexed
to existing Landscaping, Lighting and Park District No. 2 of the City of San
Jacinto ("District"); and
WHEREAS, the City Council has also determined that proceedings for the
levy of assessments on such property to pay the costs of the maintenance and
servicing of such facilities during fiscal year 2014-15 should also be conducted
pursuant to Chapter 3 (commencing with Section 22620) of Part 2 of Division 15
of the California Streets and Highways Code.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the
City Council of the City of San Jacinto, as follows:
Section 1: The City Council proposes to annex certain property to the District
pursuant to the Landscaping and Lighting Act of 1972, Part 2
(commencing with Section 25000) of Division 15 of the California
Streets and Highways Code..
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AGENDA ITEM 3A.8
Page 2 of 3
Section 2: Improvements. The Improvements which shall be provided for the
property proposed to be annexed to the District by and through the
assessments levied annually thereon shall include the following:
(a) the installation or construction or operation of public
lighting, facilities, including, but not limited to, street
lights, and traffic signals;
(b) the installation or planting of landscaping, including, but
not limited to, street trees, and parkways;
(c) the installation or construction of sidewalks, curb and
gutter, storm drains, and catch basins;
(d) the installation or construction of any facilities which are
appurtenant to any improvements listed in (a) through
(c) or which are necessary or convenient for the
maintenance or servicing thereof including, but not
limited to, irrigation, drainage, and electrical facilities;
and
(e) the maintenance and servicing of any of the foregoing.
Section 3: The property to be specifically charged for the maintenance and
servicing of such improvements shall include all of the land
located within Assessor's Parcel No. 437-220-009, in the City of
San Jacinto, County of Riverside, and shall be designated
"Annexation No. 88 to Landscaping, Lighting and Park District No.
2".
Section 4: The property described in Exhibit "A" which is proposed to be
included within the proposed boundaries of Annexation No. 88 to
the District may be presently included in Landscaping, Lighting
and Park District No.1 of the City of San Jacinto. Upon the
completion of proceedings for the annexation of such property to the
District, it shall be detached from such other district.
Section 5: NBS the District's engineer ("Engineer"), is ordered to prepare and
file a report in accordance with Article 4 (commencing with Section
22565) of Chapter 1 of Part 2 of Division 15 of the California Streets
and Highways Code with respect to the annexation of the property
described in Section 3 hereof to the District and the levy of
assessments on such property to pay the costs of the
maintenance and servicing of the improvements described in
Section 2 hereof during fiscal year 2014-15. Upon completion, the
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AGENDA ITEM 3A.8
Page 3 of 3
Engineer shall file said report with the City Clerk of the City
Council for submission to the City Council.
PASSED, APPROVED and ADOPTED this 1st day of April, 2014, by the
following vote:
Ayes:
Nays:
Absent:
Abstained:
City of San Jacinto
__________________________
by Alonso Ledezma, Mayor
ATTEST:
___________________________
Rick Miller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
___________________________
City Attorney, City of San Jacinto
PACKET PAGE: 85
AGENDA ITEM 3A.8
A-1
EXHIBIT A
Annexation No. 88 to
Landscaping, Lighting and Park District No. 2
Legal Description
The land referred to herein is situated in the State of California, County of
Riverside, City of San Jacinto, and described as follows:
That portion of Lot 74 of The Lands of San Jacinto Land Association, in the City of
San Jacinto, County of Riverside, as shown by map on file in Book 8 Page(s) 357,
of Maps, Records of San Diego County, California, commonly known as 1223 S
San Jacinto Avenue, San Jacinto CA 92583.
ASSESSOR’S PARCEL NUMBER: 437-220-009
PACKET PAGE: 86
AGENDA ITEM 3A.8
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Tom Prill, Finance Director
Debbie Vickery, Special Districts Administrator
SUBJECT: Resolution No. 3500 / A Resolution of Intent to annex property to LLPD 2
as Annexation No. 88 and to levy and collect Annual Assessments within
Annexation No. 88 for FY 2014-2015
RECOMMENDATION:
Staff recommends that the City Council, by motion, approve and adopt the following Resolution
No. 3500 to annex property known as APN 437-220-009 to the City of San Jacinto LLPD No. 2
as Annexation No. 88 and to levy and collect assessments for LLPD 2 Annexation No. 88 for FY
2014-2015, accepting the Engineer’s Report and giving Notice of and Setting the Time and
Place of the Hearing for the election of the Proposed Assessment related to maintenance of
public improvements in City of San Jacinto LLPD 2 Annexation No. 88 for the FY 2014-2015
Property Tax Roll.
BACKGROUND:
LLPD 2 is divided among the original area and approximately 86 annexation areas called zones
with assessments involving over 7,393 individual parcels. The Resolution of Intent accepts the
District Engineer’s report and declares the intention of the Council to annex property known as
APN 437-220-009 to the City of San Jacinto LLPD No. 2 as Annexation No. 88 and to levy and
collect assessments within Annexation No. 88 for the FY 2014-2015 tax roll.
At the Council meeting of April 15, 2014, the City will hold a public hearing to conduct the
protest election and then, if a majority protest does not exist, consider adoption of a resolution
authorizing the levy of annual assessments and confirming the diagram and assessments of the
LLPD 2 Annexation 88.
The attached Resolution is a part of the required procedure for the annexation and levy and
collection of assessments in an assessment district.
FISCAL IMPACT:
No cost is attributed by this action. There is no budgetary impact, unless this resolution and the
following resolution are not passed. Non-passage would impair the ability of the City to collect
PACKET PAGE: 87
AGENDA ITEM 3A.9
the assessments needed to pay the district expenses and the General Fund would have to
replace the revenue of LLPD 2 Annexation No. 88.
ATTACHMENTS:
· Resolution of Intention- Resolution No. 3500
· Engineer’s Report for Fiscal Year 2014-2015
PACKET PAGE: 88
AGENDA ITEM 3A.9
Page 1 of 6
STATE OF CALIFORNIA ) RESOLUTION NO. 3500
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO DECLARING ITS INTENTION TO ANNEX
PROPERTY TO LANDSCAPING, LIGHTING AND PARK
DISTRICT NO. 2 (LLPD NO. 2) TO LEVY AND COLLECT
ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR
2014-15 AND PROVIDING NOTICE OF TIME AND PLACE OF
A HEARING ON THE PROPOSED ANNEXATION AND THE
PROPOSED ASSESSMENTS, DETERMINING DURATION OF
SUCH ASSESSMENTS AND ANNUAL INCREASES IN
AMOUNTS THEREOF AND PROVIDING FOR ELECTION
THEREON FOR THE PROPERTY (COMMONLY KNOWN AS
BOOS DEVELOPMENT WEST, LLC, ASSESSOR'S PARCEL
NO. 437-220-009) (LLPD NO.2, ANNEXATION NO. 88)
.
WHEREAS, the City Council ("City Council") of the City of San Jacinto
("City") has initiated proceedings for the annexation of certain property to
Landscaping, Lighting and Park District No. 2 of the City of San Jacinto
("District"), pursuant to the Landscaping and Lighting Act of 1972, Part 2
(commencing with Section 22500) of Division 15 of the Streets and Highways
Code ("Act"), for the installation, operation, maintenance and/or servicing of
street lights, traffic signals, graffiti removal, landscaping, sidewalks, drainage
facilities and any improvements appurtenant thereto as provided in Section
22525 of the California Streets and Highways Code; and
WHEREAS, as ordered by the City Council, NBS has filed with the City
Clerk a report regarding the assessments which are proposed to be levied and
collected from the owners of assessable property within the District to pay the
costs of the installation, operation, maintenance and servicing of street
lighting, traffic signals, graffiti removal, landscaping, sidewalks, drainage
facilities and any improvements appurtenant thereto, and that report has been
presented to and considered by the City Council; and,
WHEREAS, upon the annexation of such property to the District, and
to the extent such property is included within Landscaping. Lighting and
Park District No. 1 and the assessments levied thereby finance the such
improvements provided by the District, it should be detached from
Landscaping, Lighting and Park District No. 1; and,
WHEREAS, it is necessary that the City Council adopt a resolution of
intention pursuant to Section 22587 of the Streets and Highways Code to,
among other things, fix and give notice of the time and place of a public
PACKET PAGE: 89
AGENDA ITEM 3A.9
Page 2 of 6
hearing on said report, the proposed annexation of such property to the District
and the proposed assessments.
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 of the City of San Jacinto
finds that:
(a) The foregoing recitals are true and correct;
(b) The report of NBS (the "Report") contains all matters
required by Sections 22565 through 22574 of the
Streets and Highways Code and may, therefore, be
approved by the City Council;
(c) The assessments, which are proposed to be levied
for fiscal year 2014-15 on all parcels of assessable
property that are proposed to be annexed to
Landscaping, Lighting and Park District No.2, are
based on special benefit conferred upon each such
parcel from the payment of the cost of the
installation, operation, maintenance and/or servicing
of street lighting, traffic signals, graffiti removal,
landscaping, sidewalks, drainage facilities and
appurtenant improvements;
(d) The proportionate special benefit derived by each
such parcel has been determined in relationship to
the entirety of the capital cost of the installation,
operation, maintenance and/or servicing of street
lighting, traffic signals, graffiti removal, landscaping,
sidewalks, drainage facilities and appurtenant
improvements; and
(e) The amount of the assessment which is proposed to
be assessed on each such parcel is based upon and
will not exceed the reasonable cost of the
proportional special benefit conferred on that parcel.
Section 2: Intention. The City Council declares that it intends to
annex the property described in Section 4 to the District,
to detach such property from Landscaping, Lighting and
Park District No.1, and to levy assessments on all lots
and parcels of assessable property which are proposed
to be annexed to Landscaping, Lighting and Park District
No. 2 of the City of San Jacinto for fiscal year 2014-15 in
the amount set forth in the Report. Such assessments
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AGENDA ITEM 3A.9
Page 3 of 6
will be collected at the same time and in the same
manner as county taxes are collected, and all laws
providing for the collection and enforcement of county
taxes shall apply to the collection and enforcement of the
assessments.
Section 3: Improvements. The Improvements which shall be provided
for the property proposed to be annexed to the District by
and through the assessments levied annually thereon shall
include the following:
(a) The installation or construction or operation of public
lighting, facilities, including, but not limited to, street
lights, and traffic signals;
(b) The installation or planting of landscaping, including,
but not limited to, street trees, and parkways;
(c) The installation or construction of sidewalks, curb
and gutter, storm drains, and catch basins;
(d) The installation or construction of any facilities which
are appurtenant to any improvements listed in (a)
through (c) or which are necessary or convenient for
the maintenance or servicing thereof including, but
not limited to, irrigation, drainage, and electrical
facilities; and
(e) The maintenance and servicing of any of the
foregoing.
Section 4: Annexation to Assessment District. The distinctive
designation of the annexation is "Annexation No. 88 to
Landscaping, Lighting and Park District No. 2 of the City
of San Jacinto." The property which is proposed to be
annexed to the District and which comprises Annexation
No. 88 is the property which is identified by Riverside
County Assessor's Parcel Number: 437-220-009. Upon
the completion of the annexation proceedings, the
property which comprises Annexation No. 88 will be
designated as Zone 88 of the District ("Zone 88"). The
boundaries of Annexation No. 88 or Zone 88 are further
described and shown in the Report. The territory
included within Zone 88 is generally located in the City of
San Jacinto, County of Riverside. Upon completion of the
annexation proceedings, such territory shall be detached
from existing Landscaping, Lighting and Park District
No.1.
PACKET PAGE: 91
AGENDA ITEM 3A.9
Page 4 of 6
Section 5: Report and Assessments. The Report, which is on file
with the City Clerk of the City Council, and which has
been presented to the City Council at the meeting at
which this resolution is adopted, is approved. Reference
is made to the Report for a full and detailed description
of the Improvements, the boundaries of Annexation No.
88 and the assessments which are proposed to be levied
on the assessable lots and parcels of property within
Zone 88 for fiscal year 2014-15.
Section 6: Duration of Assessments and Inflation Increases and
Election Thereon. The assessments shall be levied on
all parcels of assessable property within Annexation No.
88 or Zone 88 of the District, as identified in the Report,
so long as the assessments are necessary to finance the
Improvements specified in Section 3 and the
maintenance and servicing thereof. The assessment
amounts contained in the Report shall be subject to an
annual adjustment or increase in an amount equal to
the percentage increase in the Consumer Price Index -
All Urban Consumers for the Los Angeles - Anaheim -
Riverside Area; provided however that the amount of the
assessment to be levied on any assessable parcel in
any fiscal year shall not be increased by more than seven
and one-half percent (7.5%), and the amount of the
assessment to be levied on any parcel in any fiscal
year shall not in any event exceed the actual total cost
of the proportional special benefit conferred on that
parcel. The assessment ballots, which are to be mailed to
the owners of assessable parcels of property in
Annexation No. 88 or Zone 88, as provided in Section 8
hereof, shall clearly indicate that the property owners are
voting on the duration of and annual increases in the
amount of the assessments as specified above.
Section 7: Hearing. The time and place of the hearing required by
Section 22587 through 22594 of the Streets and
Highways Code concerning the proposed annexation of
the property described in Section 4 hereof to the
District, the proposed detachment from Landscaping,
Lighting and Park District No. 1, and the assessments
which are proposed to be levied for fiscal year 2014-15 is
set for 7:00 p.m. on April 15, 2014, at the San Jacinto
Community Center at 625 S. Pico, San Jacinto, California
PACKET PAGE: 92
AGENDA ITEM 3A.9
Page 5 of 6
Section 8: Notice of Hearing and Ballots. The City Clerk of the City
Council shall mail notice of the proposed annexation and
the proposed assessments and of the time and place of
the public hearing, as specified in Section 7 hereof, to the
record owner of each assessable parcel of property
identified in the Report. Such notice shall specify the total
amount of the assessment chargeable to all the property
within Annexation No. 88 or Zone 88 to Landscaping,
Lighting and Park District No. 2, the amount chargeable to
each owner's particular parcel, the duration of the
assessments, the reason for the assessments and the
basis upon which the amount of the proposed assessments
was calculated, together with the date, time and location of
the public hearing on the proposed assessments as
specified in Section 7 hereof. The notice shall include, in a
conspicuous place, thereon, a summary of the procedures
applicable to the completion, return and tabulation of the
assessment ballots, which will accompany the notice and
shall include a statement that the existence of a majority
protest will result in the assessments not being levied, and
that a majority protest will exist if, upon the conclusion of
the hearing, ballots submitted in opposition to the
assessments exceed the ballots submitted in favor of the
assessments. Each such notice mailed to owners of
identified parcels within Annexation No. 88 or Zone 88 to
Landscaping, Lighting and Park District No. 2 shall contain
a ballot which includes the City's address for receipt of
any ballot when completed by any owner receiving such
notice whereby each such owner may indicate his or her
name, reasonable identification of the parcel and support
or opposition to the proposed assessments.
Section 9: That the Mayor shall sign this Resolution and the City
Clerk shall attest and certify to the passage and adoption
thereof.
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AGENDA ITEM 3A.9
Page 6 of 6
PASSED, APPROVED and ADOPTED this 1st day of April, 2014, by the
following vote:
Ayes:
Nays:
Absent:
Abstained:
City of San Jacinto
__________________________
by Alonso Ledezma, Mayor
ATTEST:
___________________________
Rick Miller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
___________________________
City Attorney, City of San Jacinto
PACKET PAGE: 94
AGENDA ITEM 3A.9
Main Office
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516 Fax: 951.296.1998
Regional Office
870 Market Street, Suite 1223
San Francisco, CA 94102
Toll free: 800.434.8349 Fax: 415.391.8439
City of San Jacinto
Landscaping, Lighting, and
Park District No. 2, Annexation No.88 (Family Dollar)
Engineer’s Report
March 2014
PACKET PAGE: 95
AGENDA ITEM 3A.9
CITY OF SAN JACINTO
LANDSCAPING, LIGHTING AND
PARK DISTRICT NO.2, Annexation No.88 (Family Dollar)
595 S. San Jacinto Avenue
San Jacinto, CA 92583
Phone -(951)537-6380
CITY COUNCIL
Alonso Ledezma, Mayor
Crystal Ruiz,Mayor Pro Tem
Mark Bartel,Council Member
Andrew Kotyuk, Council Member
Scott Miller,Council Member
CITY STAFF
Tom Prill, Finance Director
Mike Emberton,Assistant City Manager
Debbie Vickery,Special Districts Administrator
Michelle Holmes, Senior Accountant
NBS
Danielle Wood,Client Services Director
Pablo Perez,Project Director
Adina Light, Senior Consultant
PACKET PAGE: 96
AGENDA ITEM 3A.9
TABLE OF CONTENTS
1.ENGINEER’S LETTER ................................................................1-1
2.OVERVIEW ..................................................................................2-1
2.1 Introduction ..................................................................................................2-1
2.2 Process for Proposed Assessment ..............................................................2-1
3.PLANS AND SPECIFICATIONS ..................................................3-1
3.1 Description of the Boundaries ......................................................................3-1
3.2 Description of Improvements and Services ..................................................3-1
4.ESTIMATE OF COSTS ................................................................4-1
4.1 Budget ..........................................................................................................4-1
5.METHOD OF ASSESSMENT ......................................................5-1
5.1 Introduction ..................................................................................................5-1
5.2 General Benefit ............................................................................................5-1
5.3 Special Benefit .............................................................................................5-2
5.4 Method of Assessment Spread ....................................................................5-4
5.5 Assessment Formula ...................................................................................5-4
5.6 Assessment Unit Method .............................................................................5-4
5.7 Cost of Living Inflator ...................................................................................5-5
6.ASSESSMENT DIAGRAM ...........................................................6-1
7.ASSESSMENT ROLL ..................................................................7-1
PACKET PAGE: 97
AGENDA ITEM 3A.9
Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 1-1
Prepared by NBS –Fiscal Year 2014/15
1.ENGINEER’S LETTER
WHEREAS,on April 4,2002, the City Council of the City of San Jacinto (”City”), State of California,
under the Landscaping and Lighting Act of 1972 (“1972 Act”) (California Streets and Highways Code
section 22500 et seq.) established the Landscaping, Lighting and Park District known and designated
as “Landscaping, Lighting and Park District No. 2”; and
WHEREAS, the City desires to annex property to the district known as Assessor’s Parcel Number
437-220-009 (the “property”) to the City of San Jacinto Landscaping, Lighting and Park District No. 2
(“District”)as Annexation No. 88;and
WHEREAS,on April 1,2014, the City Council under the 1972 Act, Article XIIID, section 4 of the
Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus
Implementation Act (“Proposition 218”) (California Government Code section 53750 et seq.), (the
1972 Act, Article XIIID, and Proposition 218 are collectively referred to as the “Assessment Law”),
approved the commencement of procedures within the proposed area for Annexation No. 88 so that
owners of the property may approve annexation to the District to provide funding for maintenance of
improvements which provide special benefit to the property; and
WHEREAS, NBS has been directed to prepare and file an Engineer’s Report for Annexation No. 88.
NOW THEREFORE, the proposed assessments as detailed in this Engineer’s Report and as
summarized in the table below are made to cover the portion of the estimated costs of maintenance,
operation and servicing of said improvements to be paid by the assessable real property within the
District in proportion to the special benefit received.
Description
FY 2014/15
Maximum Budget
FY 2014/15 Estimated
Actual Budget
Street Light and Traffic Signal Maintenance $4,687.65 $4,687.65
Park Maintenance 0.00 0.00
Landscape Maintenance 1,835.61 1,835.61
Storm Drain Maintenance 2,138.44 2,138.44
Sidewalk Maintenance 972.80 972.80
Graffiti Removal 3,939.23 3,939.23
General Benefit (3,693.66)(3,693.66)
Total $9,880.07 $9,880.07
In making the assessments contained herein pursuant to the Assessment Law:
1.I identified all parcels which will have a special benefit conferred upon them from the
improvements described in this Engineer’s Report (the “Specially Benefited Parcels”). For
particulars as to the identification of said parcels, reference is made to the Assessment
Diagram, a copy of which is included in this Engineer’s Report.
2.I have assessed the costs and expenses of the improvements upon the Specially Benefited
Parcels. In making such assessment:
a.The proportionate special benefit derived by each Specially Benefited Parcel from
the improvements was determined in relationship to the entirety of the maintenance
costs of the improvements;
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AGENDA ITEM 3A.9
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AGENDA ITEM 3A.9
Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 2-1
Prepared by NBS –Fiscal Year 2014/15
2.OVERVIEW
2.1 Introduction
This Engineer’s Report (“Report”) describes Annexation No. 88 as a zone of the City of San Jacinto
Landscaping, Lighting,and Park District No. 2 (the “Zone”)and the charge per Assessment Unit (AU)
for Fiscal Year 2014/15 based on the estimated cost to maintain the improvements and provide the
services that benefit parcels within the Zone.This Zone, by special benefit assessments, provides
funding for the installation, operation, maintenance and servicing of street lights and traffic signals;
the installation, maintenance and servicing of landscaped areas (parkways,sidewalks, etc.); the
installation, operation, maintenance and servicing of drainage facilities; and 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 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.
2.2 Process for Proposed Assessment
The City cannot increase or levy new assessments within the District without complying with the
procedures specified in Article XIIID and Proposition 218. In November 1996, the voters in the State
of California added Article XIIID to the California Constitution imposing, among other requirem ents,
the necessity for the City to conduct an assessment ballot procedure to enable the owners of each
property on which assessments are proposed to be enacted or increased, the opportunity to express
their support for, or opposition to, the proposed assessment or increase in such assessment. The
basic steps of the assessment ballot procedure are outlined below.
The City must prepare a Notice of Public Hearing (“Notice”), which describes, along with other
mandated information, the reason for the proposed assessments and provide a date, time and
location of a public hearing to be held on the matter.The City must also prepare an assessment
ballot, which clearly gives the property owner the ability to sign and mark their assessment ballot
either in favor of,or in opposition to, the proposed assessment. The Notice and assessment ballot are
mailed to each affected property owner within the District a minimum of 45 days prior to the public
hearing date as shown in the Notice.
After the Notice and assessment ballot are mailed, property owners are given until the close of the
public hearing, stated in the Notice, to return their signed and marked assessment ballot. During the
public hearing, property owners are given the opportunity to address the City Council and ask
questions or voice their concerns.After the public hearing, the returned assessment ballots received
prior to the close of the public hearing are tabulated, weighted by the proposed assessment amount
on each property and the results are announced by the City Council.
Article XIIID provides that if, as a result of the assessment ballot proceeding, a majority protest is
found to exist, the City Council shall not have the authority to enact or increase the assessments as
proposed.A majority protest exists if the assessments represented by ballots submitted in opposition
exceed those submitted in favor of the assessment.All returned ballots are tabulated and weighted
according to the financial obligation of each particular parcel.
If there is no majority protest as described above, the City Council may approve the proposed
assessments in Annexation No. 88.
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AGENDA ITEM 3A.9
Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 3-1
Prepared by NBS –Fiscal Year 2014/15
3.PLANS AND SPECIFICATIONS
The plans and specifications showing and describing the general nature, location and extent of the
improvements to be operated and maintained within Annexation No. 88 are on file in the office of the
City Clerk and are incorporated herein by reference.
3.1 Description of the Boundaries
The proposed boundary of Annexation No. 88 to the District is completely within the City Limits of the
City of San Jacinto and is shown on the Boundary Map found in Section 6 of this Report and on file in
the office of the City Clerk at the San Jacinto City Hall. The boundary includes the parcels of land that
are located in the vicinity of street lighting, landscaping,sidewalk and drainage improvements that
were, or soon will be, installed as a condition of approval of a land development project; the operation
and maintenance of which will be funded by this assessment district. All parcels of real property
included within the District are described in detail on maps on file in the Riverside County Assessor’s
office or by a tract and parcel number legal description.
The 1972 Act provides for areas within a district to be classified into different zones. Annexation No.
88 to Landscaping, Lighting and Park District No. 2 is comprised of one zone. The costs of the
installation, operation, maintenance and servicing of the various improvements and facilities within
this zone, will be separately determined, and incidental costs will be prorated and added to determine
the total cost. This zone is comprised of Assessor’s Parcel Number 437-220-009 (Family Dollar) and
is designated as “Zone 88”. Future annexations will be assigned zone designations e.g. Zone 89,
Zone 90, Zone 90A, Zone 91, etc., as appropriate.
3.2 Description of Improvements and Services
The authorized facilities and items of servicing and maintenance are described in the “Master
Engineer’s Report.” Said description is included within this report by reference. A copy of said “Master
Engineer’s Report” is on file in the Office of the City Clerk of the City of San Jacinto and may be
reviewed, or a copy obtained, at City Hall during normal business hours.
The improvements included in Zone 88 to be installed, operated, serviced, and maintained are street
lighting and traffic signals; parkway landscaping;trees;sidewalks, curb and gutter, and storm drains
(catch basins and pipe in public right-of-way or easement). Also included is the servicing and
maintenance required for graffiti removal.
These improvements are located within the street public right-of-ways and dedicated public
easements which are within the boundaries of the District and as such are of special benefit to the
parcels. The landscaping maintenance includes, but is not limited to, turf, ground cover, shrubs and
trees, sprinkler and irrigation systems, drainage systems, and associated appurtenances. Services
include personnel, materials, contracting services, utilities, capital projects and all necessary costs
associated with the maintenance, replacement and repair required to keep the improvements in a
healthy, vigorous and satisfactory condition. The breakdown of maintained improvements is as
follows:
Two street lights on San Jacinto Avenue.
Traffic Signal at the corner of San Jacinto and Esplanade.
10 foot wide landscaped parkway along San Jacinto Avenue with four trees.
Storm Drains and Catch Basins on San Jacinto Avenue.
Sidewalk and Curb and Gutter improvements adjacent to San Jacinto Avenue.
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Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 4-1
Prepared by NBS –Fiscal Year 2014/15
4.ESTIMATE OF COSTS
The estimated costs of administration, maintenance, operation, and servicing the improvements as
described in the Plans and Specifications are summarized below. Each year, as part of the
assessment district levy calculation process, the costs and expenses are reviewed and the annual
costs are projected for the following fiscal year.
4.1 Budget
Annexation No.88 (Family Dollar)
Description
FY 2014/15
Maximum
Per AU
FY 2014/15
Maximum
Budget
FY 2014/15
Estimated
Actual Per
AU
FY 2014/15
Estimated
Actual
Budget
Street Light and Traffic Signal Maintenance NA $4,687.65 NA $4,687.65
Park Maintenance NA 0.00 NA 0.00
Landscape Maintenance NA 1,835.61 NA 1,835.61
Storm Drain Maintenance NA 2,138.44 NA 2,138.44
Sidewalk Maintenance NA 972.80 NA 972.80
Graffiti Removal NA 3,939.23 NA 3,939.23
General Benefit Contribution NA (3,693.66)NA (3,693.66)
Total Assessment $1,871.23 $9,880.07 $1,871.23 $9,880.07
Beginning in the Fiscal Year starting July 1, 2014, prior to the assessments being placed on the tax
roll, the City will review the budget and determine the amount needed to maintain the improvements
for the upcoming fiscal year.The actual assessment per AU will be based on the total amount of
funds needed to maintain the improvements in a satisfactory and healthy condition. The actual
assessment amount may be the same or lower than the maximum allowable assessment; however it
may not exceed the maximum after the application of the cost of living inflator, defined in Section 5.7
of this report, unless the excess increase is approved by the property owners in accordance with
Assessment Law.
It is the intent of the City of San Jacinto to establish an Operating Reserve which shall not exceed the
estimated costs of maintenance, operation and servicing of the improvements prior to December 10
of the fiscal year, or whenever the City expects to receive its apportionment of special assessments
and tax collections from the County, whichever is later.
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AGENDA ITEM 3A.9
Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 5-1
Prepared by NBS –Fiscal Year 2014/15
5.METHOD OF ASSESSMENT
5.1 Introduction
Pursuant to the 1972 Act and Article XIIID, all parcels that receive a special benefit conferred upon
them as a result of the maintenance and operation of improvements and services shall be identified,
and the proportionate special benefit derived by each identified parcel shall be determined in
relationship to the entire costs of the maintenance and operation of improvements. Part 2 of Division
15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the
establishment of assessment districts by local agencies for the purpose of providing certain public
improvements which include the operation, maintenance and servicing of landscaping improvements.
Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments
must be levied according to benefit rather than according to assessed value.This 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
proportion to the estimated benefit 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 permits the designation of zones of benefit within any individual assessment
district if "by reasons or variations in the nature, location, and extent of the improvements, the various
areas will receive different degrees of benefit from the improvement" (Sec. 22574).
Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the
proportional special benefit conferred on the property. Article XIIID also provides that publicly owned
properties must be assessed unless there is clear and convincing evidence that those properties
receive no special benefit from the assessment. Examples of parcels exempted from the assessment
would be the areas of public streets, public avenues, public lanes, public roads, public drives, public
courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways.
Furthermore, Proposition 218 requires the City to separate general benefit from special benefit,
whereas only special benefit may be assessed.
5.2 General Benefit
Section 4 of Article XIIID of the California Constitution provides that once a local agency which
proposes to impose assessments on property has identified those parcels that will have special
benefits conferred upon them and upon which an assessment will be imposed, the local agency must
next “separate the general benefits from the special benefits conferred,” and only the special benefits
can be included in the amount of the assessments imposed.
The improvements being financed consist of the maintenance, operation and servicing of local
improvements located within the boundaries of the District and include landscaped areas,drainage,
trees,and appurtenant facilities that are located adjacent to the Zone. The improvements are
primarily situated within the public rights-of-way along San Jacinto Avenue which provides ingress
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Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 5-2
Prepared by NBS –Fiscal Year 2014/15
and egress the property assessed.Accordingly, there is a direct physical and visual nexus between
the parcel being assessed and the improvements to be funded by the assessment that does not exist
for parcels outside of the Annexation boundary and that is particular and distinct from that shared by
the public at large.
However,San Jacinto Avenue is deemed to be a travel corridor and is classified as a major highway,
and as such, a portion of the costs to maintain those specific improvements should be attributed to
general benefit.The nature and location of the improvements require differing levels of general
benefit based on the following categories: Street Lights, Traffic Signals and Maintenance.
The traffic signal is located at the intersection of San Jacinto Avenue and Esplanade Avenue.San
Jacinto Avenue is classified as a major highway and as such the majority of cars traveling through the
intersection are for through traffic. Based upon the City’s General Plan Traffic Study (2005) and the
average anticipated trip generation for the property land use based upon the Trip Generation Report,
7th Edition, from the Institute of Transportation Engineers, a reasonable estimate of 90% of all trips
will be for pass-through and non-project related trips.
The street lights being installed are adjacent to the property and while they will benefit motorists
driving on San Jacinto Avenue the safety and economic benefits received by the property within the
Zone will account for a greater percentage of special benefit. Fifty percent of each light is attr ibuted to
motorist safety related benefits.
The maintenance improvements include the landscape, storm drain maintenance, sidewalks, curb
and gutter and graffiti removal. The nature and location of these improvements as adjacent to the
property and for the safety, esthetic, and economic benefit of the property do not confer to the general
public at large except to a minimal degree. The sidewalk is being installed to connect shoppers to a
larger nearby retail center and the landscape, drainage, curb and gutter and graffiti maintenance are
directly related to the use of the property.As expressed by the Court in Beutz v. County of Riverside
(2010), “...courts of this state have long recognized that virtually all public improvement projects
provide general benefits."A conservative estimate would result in the general benefit portion of the
improved aesthetics, increased safety, and economic activity benefits resulting from the local street
lighting improvements on local streets to be 2.00% and the special benefit is estimated to be 98.00%.
Based upon this, it has been determined that there is an amount of general benefit to the surrounding
community and the public in general from the maintenance, operation and servicing of the
improvements within the boundaries of the District and therefore a portion of the project costs should
be attributed to general benefit. The general benefit costs are as follows:
Improvement
Total Estimated
Costs
General Benefit
Contribution
Estimated General
Benefit Costs
Street Lights $393.84 50%$196.92
Traffic Signal $3,780.00 90%$3,402.00
Maintenance $4,737.16 2%$94.74
5.3 Special Benefit
With the exception of the general benefit described above, the maintenance, operation and servicing
of the local landscaping improvements within the District are for the specific benefit of the properties
within the District, and as such confer a special and direct benefit to parcels within the District.
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AGENDA ITEM 3A.9
Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 5-3
Prepared by NBS –Fiscal Year 2014/15
The net amount to be assessed upon parcels within the Zone 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 drainage
facilities within the Zone. The maintenance and servicing of public landscaping, lighting,drainage
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 Zone. 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.The streets within
the District improve access to all lots or parcels assessed. 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 night time 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.
Street Landscaping
The overall appeal and safety of an area is enhanced when landscaping improvements are in place
and kept in a healthy and satisfactory condition.Conversely, appeal and safety decreases when
landscaping in overgrown, unsafe or destroyed by the elements or vandalism.
Improved Aesthetics.Street landscaping improvements improve the commercial activity,
appearance and desirability for the property within the boundaries of Annexation No. 88.
Regular maintenance ensures that the improvements do not reach a state of deterioration or
disrepair so as to be materially detrimental to the property adjacent to the improvements.
Increased Safety:Safety for pedestrians involves not only a degree of protection from
vehicular accidents, but also from criminal activity.Well maintained areas mitigate crime,
especially vandalism, and enhance pedestrian safety.
Street trees, median landscaping, hardscaping and appurtenant facilities within and adjacent to City
streets, if well maintained, provide beautification and shade.
Proper maintenance of drainage systems increases safety during periods of heavy rain and prevents
property damage.
The primary benefits of street lighting are for the convenience, safety, security and protection of
property.
1.Improvement to traffic circulation and reduction in night time 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.
All of the above mentioned items for street landscaping, drainage, and lighting improvements provide
special benefit to the property within Annexation No. 88 that are not realized by parcels outside the
boundaries of the Zone.
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AGENDA ITEM 3A.9
Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 5-4
Prepared by NBS –Fiscal Year 2014/15
5.4 Method of Assessment Spread
As discussed above, each of the parcels within the District is deemed to receive special benefit from
the improvements. Each parcel that has a special benefit conferred upon it as a result of the
maintenance and operation of improvements is identified and the proportionate special benefit
derived by each identified parcel is determined in relationship to the entire costs of the maintenance
and operation of the improvements.The total costs of maintenance, less the amount of general
benefit identified in Section 5.2 of this Report, will be assessed to the parcels within the District based
on the estimated Assessment Units assigned to each parcel.To assess special benefit appropriately,
it is necessary to relate parcels of different land uses and development status to each other. The AU
method of apportionment uses the single family home as the basic unit of assessment. The following
shows how each parcel’s AUs have been determined:
5.5 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 AU. The basic AU 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 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).
5.6 Assessment Unit Method
The following table shows the assessment formula for the District using the AU method for common
land uses:
Land Use
Landscaping
Assessment
Formula
Lighting
Assessment
Formula
Park
Assessment
Formula
Graffiti
Removal
Drainage
Assessment
Formula
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
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
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
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
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AGENDA ITEM 3A.9
Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 5-5
Prepared by NBS –Fiscal Year 2014/15
5.7 Cost of Living Inflator
Each fiscal year beginning Fiscal Year 2015/16, the maximum allowable assessment amount may be
increased by the percent change in the January to January Consumer Price Index for all Urban
Consumers for the Los Angeles-Anaheim-Riverside area, published by the United States Department
of Labor, Bureau of Labor Statistics; provided however, that any such annual increase shall not
exceed seven and one-half percent (7.5%).
If for any reason the percentage change is negative the maximum allowable assessment would not
be decreased by reason of such negative percentage change and would remain at the amount as
computed on the previous fiscal year regardless of any CPI adjustment.The annual assessment
cannot exceed the actual costs to operate the District in any given year.If operating costs are such
that the maximum assessment amount is not needed, the City would levy only what is needed for that
year.
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Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 6-1
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6.ASSESSMENT DIAGRAM
The assessment diagram is provided in Exhibit “A”of this report.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.
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Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 7-1
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7.ASSESSMENT ROLL
The assessment roll is provided in Exhibit “B”of this report. The description of each lot or parcel as
part of the records of the County Assessor are by reference made part of this Report.
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AGENDA ITEM 3A.9
CITY OF SAN JACINTOLANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2ANNEXATION NO. 88
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OFCALIFORNIA, THIS_______DAY OF _________________, 2014.
_____________________________________________CITY CLERKCITY OF SAN JACINTOCOUNTY OF RIVERSIDE, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED ANNEXATION INTO THE LANDSCAPING,LIGHTING AND PARK DISTRICT NO. 2, CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO AT A REGULAR MEETING THEREOF, HELD ON THE_______ DAY OF _________________, 2014, BY ITS RESOLUTION NO. ________________.
_____________________________________________CITY CLERKCITY OF SAN JACINTOCOUNTY OF RIVERSIDE, CALIFORNIA
FILED THIS _______ DAY OF _________________, 2014, AT THE HOUR OF_______ O'CLOCK __M. IN BOOK __________AT PAGE ____________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, DOCUMENT NO.____________________, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OFCALIFORNIA.
_____________________________________________DEPUTYCOUNTY RECORDERCOUNTY OF RIVERSIDE, CALIFORNIA
NOTE: THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE DISTRICT IS THE ASSESSOR’S PARCELNUMBER AS ASSIGNED BY THE COUNTY OF RIVERSIDE ASSESSOR’S OFFICE.
NOTE: FOR A DETAILED DESCRIPTION OF THE LINES AND DIMENSIONS OF EACH PARCEL WITHIN THE DISTRICTREFER TO THE COUNTY OF RIVERSIDE ASSESSOR'S MAPS.
CITY OF SAN JACINTOCOUNTY OF RIVERSIDESTATE OF CALIFORNIA
437-220-009 IRWIN STSAN JACINTO AVEEVANS ST
EL MONTE ST
0 0.01 0.02 0.030.005 Miles
APN 437-220-009
Parcels
Legend
Sheet 1 of 1
PACKET PAGE: 110AGENDA ITEM 3A.9
Parcel Proposed Assessable Asmt.Storm Dollars Assessment
Identification Property Owner Name Land Use Acreage Units Street Lights Park Landscape Drain Sidewalk Graffiti per AU per Parcel
(APN)Code (acres)(AU)Maint.Maint.Maint.Maint Removal ($)($)
Parcel 1
437-220-009 BOOS DEVELOPMENT WEST, LLC C2 1.76 5.28 $1,088.73 $0.00 $1,816.04 $2,115.64 $962.43 $3,897.23 $1,871.23 $9,880.07
1.76 5.28 $1,088.73 $0.00 $1,816.04 $2,115.64 $962.43 $3,897.23 $9,880.07TOTALS
Address: Same Address: 701 N. Parkcenter Drive, Suite 110
Santa Ana, CA 92705
Developer: BOOS DEVELOPMENT WEST, LLCCurrent Ownership: BOOS DEVELOPMENT WEST, LLC
CITY OF SAN JACINTO
LANDSCAPING, LIGHTING AND PARK DISTRICT NO. 2
Annexation No. 88
(Zone 88)
ASSESSMENT SPREAD
B-1 Exhibit "B"PACKET PAGE: 111AGENDA ITEM 3A.9
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Mike Emberton, Assistant City Manager
Lynn Merrill, Interim Public Works Director
SUBJECT: Authorization to release Landscape Maintenance Request for Bid for
Landscape, Lighting and Parks Districts 1 and 2
RECOMMENDATION:
Staff recommends that the City Council authorize the Public Works Department to
release the Landscape Maintenance Request for Bid (RFB) document.
BACKGROUND
In March 2010, the Public Works Department solicited Request for Proposals for
maintenance services in Landscape, Lighting and Parks Districts 1 and 2. As a result of
this solicitation, in May 2010, the City Council awarded two contracts for maintenance
services in LLPD1 and LLPD2 to EZ Sunnyday Landscape of Rialto, California. The
period of performance on this contract was from May 20, 2010 through May 20, 2014,
as the result of the exercise of the base and three option years. Under the terms of the
agreement, the ending period of the agreement could be extended for up to 90-days by
mutual agreement. The City has requested and the current vendor has agreed to the
extension of the existing contract from May 20, 2014 to June 30, 2014 to allow the City
to align the next contract with the fiscal year.
DISCUSSION
The City is responsible for the landscape maintenance of various parks, landscaped
areas and retention basins throughout the City. The city has two landscape
maintenance districts, LLPD1 and LLPD2 which encompass all current landscaping
located throughout the City. New landscaping, parks or retention/detention basins
constructed as part of new development are currently annexed into LLPD2 as part of
the development process. As of March 25, 2014, the City is responsible for the
maintenance of approximately 6,306,885 square feet of total landscaping, including
3,496,167 square feet of turf, 2,298,237 square feet of shrubbery and ground cover, and
512,481 of adjoining landscaping around detention/retention basins.
Staff has developed a Request for Bid document which outlines the City’s current needs
and standards for landscape maintenance. Key in this bid document is the breakout of
turf areas separate from shrubbery, which should allow a more accurate pricing by
vendors. In addition, the City is increasing the performance and inspection standards in
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AGENDA ITEM 3A.10
order to allow the City to more aggressively manage the selected contractors and thus
ensure a higher quality landscape outcome.
The City proposes to release the attached RFB on or about April 2, 2014. A job walk is
proposed for Tuesday, April 15, 2014 and bids are due to the City by 2:00 PM on
Monday, May 5, 2014. Staff is anticipating recommending award no later than June 5,
2014, for a contract start date of July 1, 2014.
ALTERNATIVES
1. Extend the existing contract with the current vendor.
2. Provide alternative direction to staff.
FISCAL IMPACT
The City currently budgeted $191,820.00 for LLPD1 and $241,200 for LLPD2 for
Contract maintenance services in Fiscal Year 2013-14. It is anticipated that the new
contract may be the same cost, or may result in savings over the current contract,
depending on bids received.
ATTACHMENTS
1) Request for Bids, Landscape Maintenance Services, LLPDs 1 & 2.
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AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
REQUEST FOR BIDS
LANDSCAPE MAINTENANCE SERVICES
FOR
Landscape, Lighting and Parks Districts 1 and 2
Of the City of San Jacinto
Public Works Department
San Jacinto, California, 92583
Lynn Merrill, Interim Public Works Director
BID RELEASE DATE:
April 2, 2014
PROPOSALS DUE:
2:00 P.M.
Monday, May 5, 2014
DELIVER PROPOSALS TO:
City Clerk’s Office
City of San Jacinto
595 S. San Jacinto Ave.
San Jacinto, California 92583
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NOTICE INVITING BIDS
Notice is hereby given that the City of San Jacinto will receive bids or proposals for the
maintenance of landscaping and related facilities located within the Landscape, Lighting and
Parks Districts 1 and 2, as set forth in the attached Bid Schedule.
NOTE TO BIDDERS: It is the intent of the City to award contract to multiple vendors for the
maintenance of the Landscape, Lighting and Parks Districts 1 and 2 throughout the City. It shall
be in the City's sole discretion to determine the best combination of individual awards that shall
serve the City's best interest. The City shall make award to the most responsible, responsive
bidders in all cases.
The City may make a decision to award based on the lowest annual price for each separate
landscape zone, may group individual zones into geographically service areas for purposes of
award or may elect to accumulate individual bids into approximately equal dollar amounts in
order to award multiple contracts of equal dollar value. The determination of the total bid
amount will include an evaluation of the Contractor's costs listed in the Supplemental Work Bid
Form. In some cases, in order to fairly allocate the total Landscape, Lighting and Parks Districts
1 and 2 and to achieve multiple contracts, the City may, at its sole discretion, make an award to a
bidder other than the bidder with the lowest annual price. The City shall also reserve the right to
award only for turf maintenance within the Landscape, Lighting and Parks Districts 1 and 2, if it
is determined that due to budget restrictions, additional services may not be fundable.
The City of San Jacinto is seeking bids for provision of weekly landscape maintenance services
for the Landscape, Lighting and Parks Districts 1 and 2 located throughout the city limits.
Landscape services shall include but not be limited to:
Weekly mowing, trimming and sweeping of all turf areas;
Periodic maintenance of ground cover, shrubbery and semi-landscaped areas;
Weekly tests, inspections and repairs of all irrigation systems in order to provide the
appropriate levels of water to maintain plant health without excessive run-off of irrigation
water and in compliance with established monthly water budgets;
Routine replanting of turf, ground cover, shrubs and vegetation in order to maintain at
least 90% vegetative cover at all times throughout planted areas with individual plants in
a healthy state;
Periodic inspection and repair of all appurtenances such as and including fences, trails,
decorative elements, and other features so as to maintain said features in a state of good
repair and maintenance.
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Other additional work as directed by the City in order to accomplish the intent of this bid
specification.
As of the date of this RFB, the City has accepted and is responsible for the maintenance of
landscape areas that consist of a total of 6,306,885 square feet, including 3,496,167 square feet of
turf, 2,298,237 square feet of planters and 512,481 square feet of slope areas and other
landscaped or maintained areas.
The City periodically accepts and adds additional Zones to the Landscape, Lighting and Parks
District 2. It is the City's intent that the maintenance costs for new Zones or annexations to
Landscape, Lighting and Parks District 2 shall be added to this agreement as they are accepted
by the City without additional formal bids. The City intends to use the average line item cost per
square foot submitted for each category on the Bid Forms in order to determine the cost for
maintenance of the new zone and to make appropriate assignment to a contract.
The Contractor shall furnish all labor, plant materials, equipment and supplies required to
perform the specified items of work and to maintain the irrigation system in a fully operational
manner and all landscaping in an attractive and healthy condition. The condition of each
landscape area is as it exists on the date of this bid specification. Potential bidders are
encouraged to familiarize themselves with all the landscape areas. The Contractor will be
required to maintain each landscaped area in the same or better condition as it exists on the first
day of the agreement in compliance with the standards and specifications set forth herein.
In addition, within ninety (90) days from commencement of this contract, the Contractor shall
provide detailed estimates, including quantities of materials and labor of additional work
necessary to bring each landscape area into compliance with the standards and specifications set
forth herein, within a time frame as determined by the City. Said estimates shall be based on the
bid pricing for additional work set forth herein. The City shall, at its sole discretion, determine if
the additional work proposed is reasonable, based on the rates set forth for additional work
herein, and shall determine, based on available funding, whether said additional work herein
shall be performed.
COMMUNITY BACKGROUND
The City of San Jacinto is located in the Inland Empire in western Riverside County.
In total, the City of San Jacinto is approximately 25.7 square miles and has an estimated current
population of 44,200.
BID INSTRUCTIONS
PRE-BID CONFERENCE - A Pre-Bid meeting including an on-site job walk of a typical
Landscape Maintenance District will be held Tuesday, April 15, 2014, from 9:00 A.M. to 11:00
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A.M, at the office of the Public Works Department, 270 Bissell Place, San Jacinto, CA 92583.
This meeting is to serve as a pre-bid review for prospective bidders and also to inform
MBEs/WBEs of subcontracting and material supply opportunities and to make the prime
contractor aware of the City’s outreach program as it relates to minority hiring and participation.
Prospective bidders are strongly encouraged to take whatever actions necessary to familiarize
themselves with the locations and maintenance needs of each of the landscape areas prior to
submission of their bid.
QUESTIONS REGARDING BID DOCUMENTS – Questions and requests for clarification must be
received by the City no later than 2:00 P.M. on Thursday, April 17, 2014. Questions shall be submitted in
writing, and may be submitted by letter, fax or e-mail. Verbal questions shall not be considered or
responded to in writing. Questions shall be directed to:
Lynn Merrill
Public Works Department
City of San Jacinto
270 Bissell Place
San Jacinto, CA 92583
Telephone 951-654-4041
Fax: 951-654-4331
Email: Lmerrill@sanjacintoca.us
The above referenced individual is the only one authorized by the City to receive questions from
Prospective Bidders for this Bid. Letters and faxes shall be addressed to the above individual,
and should include a reference to the Bid Documents in the subject heading or fax cover sheet in
order to receive prompt attention. The City shall respond in writing to all questions, and reserves
the right to group questions together into a single response if appropriate. Questions received
after this deadline shall not be responded to. Prospective bidders are strongly encouraged to
submit their questions as soon as possible; it is the City’s intent to prepare and release responses
as quickly as possible. Submitted questions should include a reference to the page number or
section number of the bid documents where applicable. All questions will be responded to in
writing and will be distributed via email to all parties who attended the Pre-Bid Conference.
BID FORMAT AND DELIVERY - No bid will be received unless it is made on the bid forms
furnished by the City. Deliver all bids to the City of San Jacinto City Clerk’s Office 595 S. San
Jacinto Avenue, San Jacinto, CA 92583 with the bidder’s name and address, the title of the Bid
Document and “SEALED BID “ clearly marked on the outside of the envelope. Said bids or
proposals will be received up to the hour of 2:00 P.M., on Monday, May 5, 2014 at which time
all of said bids or proposals will be publicly opened, examined and declared in the City Hall’s
Conference Room. The City of San Jacinto reserves the right to reject any and all bids. No
bidder may withdraw his bid within 60 working days from the date of the bid opening.
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PERIOD OF PERFORMANCE - The term of the contract will be for a two (2) year base period
from July 1, 2014 to the termination date of June 30, 2016, with optional renewal for up to a
maximum of three (3) additional one-year periods for a maximum of five (5) years. The optional
renewal shall be by mutual agreement between the City and the individual contractor. The
contract shall automatically renew for the optional periods, unless either the Contractor or the
City provides written notice of non-renewal to the other party on or before January 31st of each
contract year. Said automatic renewal shall not waive any other rights of termination for cause
afforded to each party.
Any Contractor who has their contract terminated by the City for non-performance shall be
deemed a "non-responsible" bidder for a period of three years following the date of termination
and will not be allowed to submit a bid for any other assessment district landscape maintenance
contract during that period.
LICENSING AND CERTIFICATION - The Contractor shall possess and provide a copy of their
Class C-27 license at the time of bid submission and shall be required to maintain said license in
good standing throughout the period of contract performance.
Contractor must submit, along with their bid, copies of the California Agricultural Pest Control
Certificate, for the person(s) or firm performing the work, and copies of certificates for chemical
applications from the County of Riverside.
Each bidder shall provide, with his/her bid, a complete list of equipment, number and
classification of personnel and the names and telephone numbers of five (5) references for cities
for which the contractor has performed landscape maintenance services of a similar nature as set
forth in this bid document.
This Request for Bids does not constitute a contract or an offer of employment. The cost of
preparation of bids shall be the sole obligation of the proposer. All bids, whether accepted or
rejected, shall become the property of the City of San Jacinto. The City of San Jacinto reserves
the right to reject any and all bids.
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CITY OF SAN JACINTO GENERAL CONDITIONS
The following general conditions apply to this submittal:
Duty to Inquire: Before submitting a response to the RFB, respondents must carefully read all
sections of this RFB and fully inform themselves as to all conditions and limitations. Should a
respondent find discrepancies in or omissions from the RFB documents, or should the respondent
be in doubt as to their meaning, the respondent shall at once notify the City. Such notifications
and questions must be in writing, and must be received by the City no later than 2:00 P.M. on
Thursday, April 17, 2014. All City responses will be shared with each of the known firms who
were sent a RFB and who attended the mandatory pre-bid meeting.
Explanation to Respondents: The City of San Jacinto reserves the right to interpret or change any
provision of this RFB at any time prior to the submission date. Such interpretations shall be in
the form of an addendum, and will be made available to each person or organization that has
received the RFB and who attended the pre-bid meeting. Oral explanations will not be binding.
The City, at its sole discretion, may determine that a time extension is required for submission of
the response to the RFB. In such a case an addendum shall include a new response to the RFB
submission deadline.
Right to Judge Representations: The City shall be the sole judge of the acceptability of a
respondent's written or oral representations.
Failure to Conform/Proof of Presentation: Any response to the RFB that modifies or fails to
conform to the essential requirements or specifications of the RFB will be considered non-
responsive and unacceptable.
Financial Information: The City may require whatever evidence is necessary relative to the
respondents' financial stability. The City also reserves the right to request further information
from the authorized representative of a respondent, either orally or in writing. Written requests
will be addressed to the authorized representative of the respondent.
Truth and Accuracy of Representations: False, incomplete, or non-responsive statements will be
cause for rejection of the response to the RFB. The evaluation and determination of the
fulfillment of the above requirements will be the City’s responsibility and their judgment will be
final.
Rights to RFB Information: Information disclosed in the response to the RFB and attendant
submissions will become the property of the City.
Protest Procedures: Any protest or appeal resulting from this bid must be submitted in writing to
the Public Works Director within seven (7) business days of bid opening.
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Disclaimer: This solicitation does not commit the City of San Jacinto to award a contract, pay
costs incurred in the preparation of a response or to procure a contract for any services. The City,
at its sole discretion, may reject any and all submittals.
LEGISLATIVE POLICIES/INSURANCE REQUIREMENTS
The CITY requires compliance with the following legislative policies; Insurance Requirements
and Certification, Conflict of Interest (Form 700), W-9, and an active City of San Jacinto
Business License. These requirements must be completed and submitted to the City prior to
formal award of a contract by the City Council.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance:
Comprehensive General Liability Insurance.
A policy of comprehensive general liability insurance written on a per occurrence basis in
an amount not less than either (i) a combined single limit of $2,000,000.00 or (ii) bodily injury
limits of $2,000,000.00 per person, $2,000,000.00 per occurrence and $2,000,000.00 products
and completed operations and property damage limits of $2,000,000.00 per occurrence and
$2,000,000.00 in the aggregate.
Worker's Compensation Insurance.
A policy of worker's compensation insurance in such amount as will fully comply with
the laws of the State of California and which shall indemnify, insure and provide legal defense
for both the Contractor and the City against any loss, claim or damage arising from any injuries
or occupational diseases occurring to any worker employed by or any persons retained by the
Contractor in the course of carrying out the work or services contemplated in this Agreement.
Automotive Insurance.
A policy of comprehensive automobile liability insurance written on a per occurrence
basis in an amount not less than $2,000,000.00 for bodily injury liability and property damage
liability. Said policy shall include coverage for owned, non-owned, leased and hired cars.
All of the above policies of insurance shall be primary insurance and shall name the City,
its officers, employees and agents as additional insured’s. The insurer shall waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. All of said policies of insurance shall provide that said insurance may
not be amended or canceled without providing thirty (30) days prior written notice by registered
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mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall,
prior to the cancellation date, submit new evidence of insurance in conformance with this
Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence
until the Contractor has provided the City with Certificates of Insurance or appropriate insurance
binders evidencing the above insurance coverage’s and said Certificates of Insurance or binders
are approved by the City.
The Contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or persons for which the Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of
Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City due to unique circumstances.
Indemnification.
Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold
and save them and each of them harmless from, any and all actions, suits, claims, damages to
persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including
paying any legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities") that
may be asserted or claimed by any person, firm or entity arising out of or in connection with the
negligent performance of the work or services of Contractor, its agents, employees,
subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of
Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform
any term, provision covenant or condition of this Agreement, but excluding such claims or
liabilities to the extent caused by the negligence or willful misconduct of the City.
Conflict of Interest
The following protections against conflict of interest will be upheld:
1. Contractor certifies that no member of, or delegate to, the Congress of the United States,
shall be permitted to share or take part in the executed Agreement or in any benefit
arising there from.
2. Contractor certifies that no member, officer, or employee of the CITY or its designees or
agents, and no other public official of the CITY, who exercises any functions or
responsibilities with respect to the programs or projects covered by this Agreement,
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shall have any interest, direct or indirect in the Agreement, or in its proceeds during
his/her tenure or for two years thereafter.
3. Contractor shall immediately notify the CITY of any real or possible conflict of interest
between work performed for the CITY and for other clients served by the Contractor.
4. Contractor warrants and represents, to the best of its present knowledge, that no public
official or employee of the CITY who has been involved in the making of this
Agreement, or who is a member of a CITY board or commission which has been
involved in the making of this Agreement, whether in an advisory or decision making
capacity, has or will receive a direct or indirect financial interest in this Agreement in
violation of the rules contained in California Government Code Section 1090 et seq.,
pertaining to conflicts of interest in public contracting. Contractor shall exercise due
diligence to ensure that no such official will receive such an interest.
5. Contractor further warrants and represents, to the best of its present knowledge and
excepting any written disclosures as to these matters already made by Contractor to
CITY, that (1) no public official of CITY who has participated in the decision making
concerning this Agreement, or has used his or her official position to influence decisions
regarding this Agreement, has an economic interest in Contractor or this Agreement, and
(2) this Agreement will not have a direct or indirect financial effect on said official, the
official’s spouse or dependent children, or any of the official’s economic interests. For
purposes of this paragraph, an official is deemed to have an “economic interest” in any
(a) for-profit business entity in which the official has a direct or indirect investment
worth $1,000 or more, (b) any real property in which the official has a direct or indirect
interest worth $1,000 or more, (c) any for-profit business entity in which the official is a
director, officer, partner, trustee, employee or manager, or (d) any source of income or
donors of gifts to the official (including nonprofit entities) if the income or value of the
gift totaled more than $250 the previous year. Contractor agrees to promptly disclose to
CITY in writing any information it may receive concerning any such potential conflict
of interest. Contractor’s attention is directed to the conflict of interest rules applicable to
governmental decision-making contained in the Political Reform Act (California
Government Code Section 897100 et seq.) and it’s implementing regulations (California
Code of Regulations, Title 2, Section 18700 et seq.).
6. Contractor understands that in some cases Contractor or persons associated with
Contractor may be deemed a “City officer” or “public official” for purposes of the
conflict of interest provisions of Government Code Section 1090 and/or the Political
Reform Act. Contractor further understands that as a public officer or official,
Contractor or persons associated with Contractor may be disqualified from future CITY
contracts to the extent that Contractor is involved in any aspect of the making of that
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future contract (including preparing plans and specifications or performing design work
or feasibility studies for that contract) through its work under this Agreement.
7. Contractor shall incorporate, or cause to be incorporated into all subcontracts for work to
be performed under this Agreement, a provision governing conflict of interest in
substantially the same form set forth herein.
Nothing herein is intended to waive any applicable federal, state or local conflict of interest law
or regulation.
In addition to the rights and remedies otherwise available to the CITY under this Agreement and
under federal, state and local law, Contractor understands and agrees that, if the CITY
reasonably determines that Contractor has failed to make a good faith effort to avoid an improper
conflict of interest situation or is responsible for the conflict situation, the CITY may (1) suspend
payments under this Agreement, (2) terminate this Agreement, (3) require reimbursement by
Contractor to the CITY of any amounts disbursed under this Agreement. In addition, the CITY
may suspend payments or terminate this Agreement whether or not Contractor is responsible for
the conflict of interest situation.
Business Licenses
It shall be the responsibility of the Contractor to maintain all licenses, permits and certifications
as required by Federal, state and local laws, regulations, codes or ordinances for the performance
of this contract. Contractor shall provide copies of any required documents in effect prior to the
contract going before the City Council for approval. Contractor shall maintain all licenses,
permits and certifications during the term of the contract. Should any license, permit or
certification expire, be cancelled, suspended or revoked before the expiration of the contract, the
Contractor must, within 72 hours, provide written notice to the CITY of such action. In the event
any license, permit or certification is not in effect any time during the term of the contract, the
contract will be considered canceled effective with the date the action occurred with the
document. The Contractor shall insure that its business license fee is paid and current during the
term of this contract. In the event the business license fee becomes due during the term of the
contract, the Contractor must advise the CITY in writing thirty (30) days prior to the expiration
of the Business License. If the fee is not paid within thirty (30) days, the CITY will withhold
payment of invoices until the Contractor obtains and submits a valid Business License.
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APPENDIX A
SPECIAL PROVISIONS
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SECTION 1
DEFINITIONS AND EXCLUSIONS
1-A GENERAL -- The work embodied herein shall be done in accordance with the Standard
Specifications for Public Works Construction, current edition, amended by any Special
Provisions set forth herein and in accordance with the following Special Provisions.
1-B DEFINITIONS -- Whenever in the Standard Specifications the following terms are
used, they shall be understood to mean and refer to the following:
Agency/Owner - The City of San Jacinto.
Board - The City Council for the City of San Jacinto.
C27 Class Contractor License - Landscaping Contractor - Under California Code of Regulations
Division 8, Title 16, Article 3. Classification, a landscape contractor constructs, maintains,
repairs, installs, or subcontracts the development of landscape systems and facilities for public
and private gardens and other areas which are designed to aesthetically, architecturally,
horticulturally, or functionally improve the grounds within or surrounding a structure or a tract
or plot of land. In connection therewith, a landscape contractor prepares and grades plots and
areas of land for the installation of any architectural, horticultural and decorative treatment or
arrangement. Authority cited: Sections 7008 and 7059, Reference: Sections 7058 and 7059
(Business and Professions Code)
EMWD – Eastern Municipal Water District.
Engineer - The City Engineer for the City of San Jacinto or authorized designee.
Public Works Director - Authorized designee of the Public Works Director.
Laboratory - The laboratory to be designated by the City of San Jacinto to test materials and
work involved in the contract.
Notice Advertising for Bids - Notice Inviting Bids.
Standard Specifications - Standard Specifications for Public Works Construction, "Green Book"
current edition.
Other terms appearing in the Standard Specifications, and these Special Provisions, shall have
the intent and meaning specified in Section 1-2, "Definitions" in the Standard Specifications.
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In case of conflict between the Standard Specifications and these Special Provisions, the Special
Provisions shall take precedence over and be used in lieu of such conflicting portions.
1-C EXCLUSIONS
LIGHTING -- Repair, replacement and maintenance of all decorative and street
lighting shall be the responsibility of the City and is not a part of this
contract.
PLAYGROUND EQUIPMENT -- Inspection, repair, replacement and/or
maintenance of all Playground Equipment, if any, shall be the responsibility of the City
and is not a part of this contract.
BOOSTER PUMPS – Inspection, repair, replacement and/or maintenance of all
Irrigation Booster Pumps, if any, shall be the responsibility of the City and is not part of
this contract.
1-D LANDSCAPE ZONE RESTORATION ESTIMATE PREPARATION - Within
ninety (90) days from commencement of this contract, the Contractor shall provide detailed
estimates, including quantities of materials and labor for additional work necessary to bring each
Landscape Benefit Zone into compliance with the specifications set forth herein, within a time
frame as determined by the City. Said estimates shall be based on the bid pricing for additional
work set forth herein. The City shall, at its sole discretion, determine if the additional work
proposed is reasonable, based on the rates set forth for additional work herein, and shall
determine, based on available funding, whether said additional work herein shall be performed.
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SECTION 2
BID REQUIREMENTS AND CONDITIONS
2-A GENERAL -- Bids must be submitted on the bid form contained herein. All bids shall
be signed and sealed in an envelope marked on the outside with the vendor’s name, address,
telephone number and the words “CITY OF SAN JACINTO LANDSCAPE MAINTENANCE
BIDS.”
2-B LOCAL VENDOR PREFERENCE -- The City has established a local vendor
preference as set forth in the City’s Municipal Code, Section 3.08.140, which is stated
below:
A “local vendor” means a firm or individual who for at least twelve consecutive months
has regularly maintained a place of business in, or maintained an inventory of
merchandise for sale in, and who pays appropriate business permit/license fees to, the
city. With respect to those bids relating to the purchase of items subject to state sales, tax,
the term “lowest responsible bidder” is deemed to include a one percent discount for local
vendors in the computation of bids in order to reflect the financial advantages that accrue
to the city by the award of a bid to a local vendor. The city shall also consider the cost to
the city to pick up supplies and equipment at some distance from the city, to obtain parts
and supplies and to transport such items for repair and maintenance in the computations
used to award contracts. (Ord. 1092 § 1 (part), 2001)
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SECTION 3
AWARD AND EXECUTION OF CONTRACT
3-A GENERAL -- The bidder whose bid is recommended for approved by the City Council
by the Public Works Director shall file with the Risk Manager all required bonds and insurance
policies and shall provide a signed contract signature page ten (10) calendar days prior to the
scheduled City Council meeting for which the contract is scheduled to be approved. Failure to
file the stipulated documents and execute the contract within the prescribed time shall constitute
good and sufficient grounds for rescission of the award. Action by the City Council in approving
a bid and authorizing execution of a contract shall be deemed to obligate the bidder to proceed to
execute the contract. No work shall be undertaken toward the completion of the contract, nor
subcontracts entered into, until the contract has been fully executed by both the Contractor and
City.
3-B PAYMENT AND FAITHFUL PERFORMANCE BONDS -- The Payment and
Faithful Performance Bonds shall be filed with the City before the Contract is executed by the
City, in accordance with Section 2-4, "CONTRACT BONDS" of the Standard Specifications. In
lieu of the Bond as referenced above, the Contractor may deposit with the City a cash amount
equal to $500 or one percent (1%) of the total amount bid for the first year's maintenance,
whichever is greater. The amount so deposited shall be retained by the City of San Jacinto and
will be returned to the Contractor upon completion of the term of the contract. There will be no
interest paid to the Contractor on the amount so deposited.
3-C CONTRACT RENEWALS -- The two-year contract period may be automatically
renewed annually for up to a maximum of three (3) additional one year periods by mutual
agreement between the City and the contractor. Contract non-renewal without cause shall be
given no later than January 31st of each Calendar Year.
3-D JOB SITE CONDITION -- The condition of the maintenance area is as it exists. The
successful bidder is encouraged to familiarize themselves with all Landscape, Lighting and Parks
Districts 1 and 2 Zones and are required to bring the Landscape, Lighting and Parks Districts 1
and 2 Zones of the contract into compliance with the specifications set forth herein, within a time
frame as determined by the Public Works Director.
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SECTION 4
SUPERVISION OF WORK
4-A MONTHLY EVALUATIONS -- The Public Works Director will prepare a written
monthly evaluation and performance report relative to each Landscape Benefit Zone. The
contractor and Public Works Director shall meet at least once each month at the office of the
Public Works Director or at another location as agreed upon by the parties, to discuss the report.
Weekly reports may constitute the monthly evaluation based upon the Public Works Director's
discretion.
4-B INSPECTIONS -- The Landscape Maintenance Site Inspection Report will be
completed by the Public Works Director at the time of his monthly inspection. Any items noted
not to be in compliance with the specifications will be discussed immediately with the
Contractor's on site representative and the Contractor shall sign a copy of the Inspection Report
acknowledging receipt. Correction of these items shall be accomplished as set forth at Section
6-G of this agreement. The Contractor shall certify to the Public Works Director in writing
upon correction of all items noted on the Inspection Report and shall return one signed copy of
the Inspection Report to the Public Works Director within five (5) business days after all items
have been corrected. Continued noncompliance, or failure to correct noted deficiencies in a
timely manner, shall constitute sufficient grounds for further action, up to and including
termination of the contract. Contractor or his representative shall also meet as requested on site
for field inspections with the Public Works Director to discuss and sign said Inspection Report.
Failure on the part of the Contractor to meet at the designated time and place will result in
the assessment of the liquidated damages set forth in the contract and deducted from the
monthly contract payment for each occurrence.
4-C REPRESENTATIVE OF CONTRACTOR -- An authorized on-site English speaking
responsible representative of the Contractor shall be designated in writing at the time this
contract is executed by the Contractor. This representative shall be considered as an agent of the
Contractor with authority to receive official notices and make binding agreements on the
prosecution of the work. The Public Works Director shall be given five (5) days prior
written notice of a change in such representative.
4-D RESPONSIVENESS OF CONTRACTOR –
4-D-1 PHYSICAL PRESENCE - Contractor crews shall be physically present and
commencing work within the City no later than 7:30 A.M. Monday through Friday on each
scheduled day of landscape maintenance during the course of this contract, unless an alternative
schedule is approved in writing by the Public Works Director.
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4-D-2 TELEPHONE SERVICE - The Contractor shall provide a business phone number to
the City which is answered live during normal business hours, defined as Monday through
Friday, 7:00 a.m. to 5:00 p.m., as well as an after-hours emergency phone number. The
Contractor’s Representative shall respond back to any telephone message left during normal
business hours within four (4) hours of the time that a message is left, unless a message is left
after 1:30 p.m.; in such case, the Contractor shall respond no later than 9:00 a.m. of the following
morning of the next business day. Any message left on the emergency phone number shall be
responded to within two (2) hours from the time that the City leaves the message.
4-E UNIFORMS, VEHICLES AND EQUIPMENT --
4-E-1 UNIFORMS - All employees shall be dressed in a uniform shirt identifying them as the
Contractor's personnel, and shall be so attired at all times. The employee shall also have in their
possession at the jobsite all necessary safety attire and equipment necessary to perform their
duties.
4-E-2 VEHICLES - All of the Contractor's vehicles shall be clean, neat and in good repair,
shall have the Contractor's name and local telephone number visible on both sides of the vehicle
and shall include the Contractor’s State License number. All Contractor vehicles shall be
equipped with a vehicle mounted rotating or flashing amber beacon of sufficient candle-power to
be readily visible to any approaching traffic. Beacon shall be activated at anytime that
Contractor’s vehicle is parked in a street or highway.
4-E-3 EQUIPMENT – All of Contractor’s equipment shall be properly maintained, with all
manufacturer’s safety guards, emission control equipment and sound mitigation equipment
installed and operational. Equipment shall be clean, neat and in good repair.
4-F CONTRACTOR YARD PROXIMITY TO CITY – The City desires that the Contractor
maintain a work yard or physical location no more than 30-miles from the City Corporate Yard,
located at 270 South Bissell, San Jacinto, California.
4-G HOURS OF LABOR -- The Contractor shall conduct his operations during the hours of
7:00AM to 6:00PM, Monday through Saturday.
4-H PERSONNEL -- The Contractor shall furnish sufficient supervisory and working
personnel of such capabilities as to promptly accomplish on schedule, and to the satisfaction of
the Public Works Director all work required under this contract during the regular and prescribed
hours. All such personnel shall be physically able to do their assigned work. The Contractor and
his employees shall conduct themselves in a proper and efficient manner at all times. They shall
be clothed in a suitable uniform as determined by the Public Works Director, with a company
identifying marker. The Public Works Director may require the Contractor to immediately
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remove from the work site any employee(s) observed to pose a threat to the public and whose
continued employment on the job is contrary to the best interests to the City.
The Contractor shall assign an English speaking responsible Foreman, who may be a working
Supervisor, on the job at all times work is being performed, with whom the Public Works
Director may consult with respect to performance of this contract. Adequate and competent
supervision, as determined by the Public Works Director, shall be provided for all work done by
the Contractor's employees to ensure accomplishment of a first-class job.
Full compensation for conforming to the requirements of Section 6 shall be considered as
included in the prices paid for the various contract items of work involved and no additional
compensation will be allowed therefore.
4-I PROJECT APPEARANCE -- The Contractor shall maintain a neat appearance to the
work. The Contractor shall remove and dispose of all cuttings, weeds, leaves, trash, and other
debris developed during his operations at the end of each day of work, and shall sweep any
resultant dirt and debris from sidewalks, curbs or gutters located within the work zone.
4-J FAITHFUL PERFORMANCE -- The Public Works Director shall have right of review
of the performance elements of the maintenance contract. The Public Works Director will be
responsible for checking the performance of the Contractor to the established standards and
recording any lack of maintenance. The Contractor will be notified of any maintenance failure
and will have a reasonable amount of time, as determined by the Public Works Director, not to
exceed ten (10) calendar days, to conform to the contract standards. If after said reasonable
amount of time the problem has not been resolved, a formal notice of noncompliance will be sent
to the Contractor with a specific target date to resolve the problem. If the problem is still present
on the specific target date, the Public Works Director will notify the City Manager or their
designee who will have the option of terminating the contract and re- advertise for a new
contractor. The necessity of sending more than three (3) formal notices during each contract
year to the Contractor to correct a maintenance failure anywhere within the contract area shall
constitute grounds for termination of the contract. In such event, then the amount of cash or
bond deposited with the City as a performance bond shall be forfeited by the Contractor to cover
all costs incurred by the City as a proximate result of Contractors' failure to perform as required
by the Agreement.
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SECTION 5
LEGAL REQUIREMENTS
5-A INSURANCE POLICIES, GENERAL -- All policies of insurance shall be primary
insurance and shall name the City, its officers, employees and agents as additional insureds. The
insurer shall waive all rights of subrogation and contribution it may have against the City, its
officers, employees and agents and their respective insurers. All of said policies of insurance
shall provide that said insurance may not be amended or canceled without providing thirty (30)
days prior written notice by registered mail to the City. In the event any of said policies of
insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence
of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services
under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance or appropriate insurance binders evidencing the above insurance
coverages and said Certificates of Insurance or binders are approved by the City.
The Contractor agrees that the provisions of this Section shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or persons for which the Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of
Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City due to unique circumstances.
5-A -1 LIABILITY INSURANCE -- A policy of comprehensive general liability insurance
written on a per occurrence basis in an amount not less than either (i) a combined single limit of
$2,000,000.00 or (ii) bodily injury limits of $2,000,000.00 per person, $2,000,000.00 per
occurrence and $2,000,000.00 products and completed operations and property damage limits of
$2,000,000.00 per occurrence and $2,000,000.00 in the aggregate.
5-A-2 WORKERS’ COMPENSATION INSURANCE -- A policy of worker's
compensation insurance in such amount as will fully comply with the laws of the State of
California and which shall indemnify, insure and provide legal defense for both the Contractor
and the City against any loss, claim or damage arising from any injuries or occupational diseases
occurring to any worker employed by or any persons retained by the Contractor in the course of
carrying out the work or services contemplated in this Agreement.
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5-A-3 AUTOMOTIVE INSURANCE. -- A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than $2,000,000.00 for bodily
injury liability and property damage liability. Said policy shall include coverage for owned, non-
owned, leased and hired cars.
5-B INDEMNIFICATION. -- Contractor agrees to indemnify the City, its officers, agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment
(herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity
arising out of or in connection with the negligent performance of the work or services of
Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising
from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's
negligent performance of or failure to perform any term, provision covenant or condition of this
Agreement, but excluding such claims or liabilities to the extent caused by the negligence or
willful misconduct of the City.
5-C PAYMENT OF WAGE RATE - The Contractor and all Subcontractors shall pay each
employee no less than the official minimum wage set forth by the State of California.
5-D SAFETY REQUIREMENTS -- All work performed under this contract shall be
performed in such manner as to provide maximum safety to the public and the safety standards
outlined in the Federal OSHA guidelines. The Public Works Director reserves the right to issue
restraint or cease-and-desist orders to the Contractor when unsafe or harmful acts are observed or
reported relative to the performance of the work under this contract.
5-E HAZARDOUS CONDITIONS -- The Contractor shall maintain all work sites free of
hazards to persons and/or property resulting from his operations. Any hazardous conditions
noted by the Contractor, which is not a result of his operations, shall immediately be reported to
the Public Works Director at 951-657-3280.
5-F USE OF CHEMICALS -- The Contractor shall submit a list of all chemical fertilizers,
herbicides or pesticides proposed for use under this contract for approval by the Public Works
Director. This listing shall be limited to chemicals approved by the State of California,
Department of Agriculture and not appearing on any Federal or State list of prohibited toxic
materials, and shall include the exact brand name and generic formulation, California
Registration Number and Chemical Abstract Service Number (Case #), and based on the
recommendations of a licensed Pest Control Advisor. The use of chemicals shall conform to the
current Riverside County Department of Agriculture regulations.
No chemicals, herbicide or pesticide shall be applied until its use is approved, in writing, by
the Public Works Director as appropriate for the purpose and area proposed. City does not
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hereby undertake to indemnify or hold harmless the Contractor for damages arising from the use
of any such chemicals, herbicides or pesticides and hereby specifically reserves to itself full
rights against any party for any damages which are proximately caused by the negligence or
improper use of any such chemicals, herbicides or pesticides.
Spraying of chemicals will not be permitted under windy conditions as determined by the Public
Works Director.
Contractor shall maintain the Material Safety Data Sheets (MSDS) for each chemical to be used
on site, and shall post visible printed public notices along the site at least five (5) days prior to
the application of any chemical. Said notices shall be in a format approved by the Public Works
Director and shall comply with any public noticing requirements applicable under state or
Federal laws relating to the chemicals to be applied.
Spraying of chemicals with Toxicity Category I shall not be utilized unless a permit has been
obtained from the County of Riverside Department of Agriculture and written permission has
been obtained from the Public Works Director.
Contractor shall prevent the discharge of any chemicals under their control, including herbicides,
pesticides or fertilizers, to any street, gutter, drainage structure, storm drain or other waterway,
flowing or not. Such discharge, whether willful or accidental, is a violation of the Federal Clean
Water Act and may be subject to both administrative and criminal prosecution. Contractor shall
follow all manufacturer directions regarding the handling, application, use and disposal of any
chemicals. The disposal of any waste materials generated from the use of said chemicals, such as
excess product, rinse waters or other, shall be done in compliance with Federal, State and local
laws and regulations as applicable.
Contractor shall ensure that all equipment used for the application of chemicals shall be in good
working order with no leakage or other unintended discharges. Contractor shall comply with all
equipment manufacturer's instructions regarding the operation and cleaning of said equipment.
5-G DISCRIMINATION/AFFIRMATIVE ACTION CLAUSE -- Contractor hereby
certifies that it will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, marital status or national origin.
Contractor shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with federal, state and local laws. Such
action shall include, but not be limited to, the following: Recruitment and recruitment
advertising, employment, upgrading and promotion. In addition, Contractor shall not exclude
from participation under this Agreement any employee or applicant for employment on the basis
of age, handicap or religion, in compliance with state and federal laws.
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5-H SOUND CONTROL REQUIREMENTS -- The Contractor shall comply with the
applicable Federal, State and local regulations prohibiting loud, unnecessary and excessive
noises.
Each internal combustion engine, used for any purposes on the job or related to the job, shall be
equipped with a muffler of a type recommended by the manufacturer. No internal combustion
engine shall be operated on the project without said muffler.
No equipment, machinery, or apparatus that permits loud and excessive noise shall be operated
during the hours of 10:00 p.m. and 7:00 a.m., unless approval has first been secured from Public
Works Director for the City of San Jacinto.
Said noise level requirement shall apply to all equipment on the job or related to the job,
including but not limited to trucks, mowers, weed eaters, blowers or other equipment that may or
may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of
light warnings except those required by safety laws for the protection of personnel.
5-I PERMITS & LICENSE -- The Contractor shall obtain a City Business License prior to
execution of the contract. Contractor shall maintain the C27 Class Contractor License, and
Pesticide Applicator Certificate during the entire duration of the contract.
5-J COMPLIANCE WITH NPDES -- The Contractor shall comply with all applicable
requirements of the National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP) as established and adopted by the City under the City's Municipal
Code, Riverside County MS4 Permit, or General Industrial Permit as applicable. The Contractor
shall not permit any trash, debris, vegetative trimmings, fugitive soils or organic materials to be
discharged through sweeping, blowing or other means to any street, gutter, drainage structure,
storm drain or waterway, flowing or not. Contractor is encouraged to meet with the City's
NPDES Coordinator to identify available and appropriate BMPs prior to commencing work.
5-K RECYCLING, WASTE REDUCTION AND DIVERSION -- The Contractor shall make
all reasonable efforts to recycling all waste vegetative materials (green wastes) through a
permitted green waste processor/composter and shall minimize the amount of materials
landfilled. Contractor shall provide documentation on a quarterly basis to the City's Public
Works Department regarding said recycling efforts. Said documentation may include but not be
limited to copies of weight tickets from a permitted green waste processor/composter or other
records as may be deemed acceptable. The use of mulching mowers for turf areas is strongly
encouraged, subject to approval of the Public Works Director. Contractor may be allowed to
arrange for green waste services to be provided within the City Yard through the City’s waste
hauler, CR&R; however, Contractor shall be responsible for loading each 40-yard roll-off and
maintaining the area around the bin in a clean, neat and acceptable manner. Contractor is
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encouraged to meet with the City's Recycling Coordinator to identify available and appropriate
waste diversion activities prior to commencing work.
5-L ENFORCEMENT OF NON-COMPLIANCE/LIQUIDATED DAMAGES --
Payment for any items of work not done in compliance with this Agreement, or not brought into
compliance within the period of time specified in the Inspection Reports will be subject to the
Liquidated Damages set forth herein in Section 6-C. and will be withheld from the next monthly
payment due the Contractor. A statement will be provided with the monthly payment describing
the reason for withholding a portion of the payment and a listing of the amount. (See also Section
6-B and 6-C of these Special Provisions.)
5-M TERMINATION OF CONTRACT -- Failure to perform specified items of work as
provided in these Special Provisions, after receipt of three (3) formal notices of non-compliance,
will constitute good and sufficient grounds for terminating the contract. Notice of termination
will be given by certified mail and will be effective 15 calendar days after the date said notice
was mailed.
Notification of any termination will be given to the surety, who shall have the right to take over
the contract within 15 days of being notified. Failure of the surety to assume the provisions of
the contract within 10 days shall constitute grounds for the City to assume responsibility for
providing maintenance services with the right to recover damages from the principal or the
surety arising from the principal's failure to perform.
5-N NOTICE TO CONTRACTORS -- Any Contractor who has their contract terminated
by the City for non-performance shall be deemed a "non-responsible" bidder for a period of three
years following the date of termination and will not be allowed to submit a bid for any other
landscape maintenance contract during that period.
5-O ATTORNEY'S FEES -- The prevailing party in any legal action to enforce or
interpret any provisions of this Agreement will be entitled to recover from the losing party all
attorney fees, court costs, and necessary disbursements in connection with that action. The costs,
salary and expenses of the City Attorney and members of his office, in connection with that
action shall be considered as attorney's fees for the purpose of this agreement.
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SECTION 6
PAYMENTS / GENERAL
6-A PAYMENTS -- Payment will be made to the Contractor within thirty (30) days from the
submission of invoice to the City’s Public Works Department. The first payment may be
pro-rated in accordance with the actual portion of the month worked if applicable. Request for
payments must be submitted each month and shall be delivered by mail, email or by personal
delivery to the Public Works Director, City of San Jacinto, 270 Bissell Place , San Jacinto, CA
92582.
Extra work shall NOT be listed on the request for payment, but billed separately on forms
approved by the Public Works Director for extra work billing and the work must have
been previously approved as set forth in Section 6-D below. Upon acceptance and approval
of the billing by the City, payment for Extra work will be made the following billing cycle.
6-B PAYMENTS WITHHELD -- The City may withhold payment to such extent as may
be necessary to protect the City from loss due to:
1. Defective work not corrected.
2. Claims filed or reasonable evidence indicating probable filing of claims by third
parties against the City arising from the performance of the Contractor or any
subcontractor under this agreement.
3. Maintenance not being performed or completed by the Contractor.
6-C LIQUIDATED DAMAGES -- The amount to be withheld shall be determined by the
Public Works Director and shall be based upon actual damages and/or the amount and type of
maintenance not completed. Retention of payment for damaged irrigation components, or loss of
any plant material may be released to the contractor upon repair or replacement of the needed
items or completion of work. Deductions for incomplete or inadequate maintenance not
performed at the required schedules shall be a permanent deduction.
The Contractor agrees that failure to perform the maintenance as set forth herein will result in
damages being sustained by the City. Contractor and City agree that failure to perform the work
per the work schedule set forth in Section 7-C or as noted as not in compliance within the
Inspection Report as set forth in Section 4-B will result in inconvenience to the citizens of San
Jacinto. Therefore, the parties agree that:
A. Such damages, among others are and will continue to be impracticable and
extremely difficult to determine, and;
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B. That three-percent (3%) of the monthly maintenance cost or $50.00, whichever is
greater, shall be assessed per day, per Zone as the minimum value of such costs
to the City, and;
C. That this is a reasonable amount that the Contractor agrees that the City shall
deduct from the monthly invoice amount submitted by the Contractor to the City
for each calendar day the Contractor fails to perform the work per the work
schedule or to correct any items noted as deficient in the Inspection Report, and;
D. That the Public Works Director may, at his discretion and due to circumstances
beyond the control of the Contractor and the City, waive this clause on a case-by-
case when such waiver is in the best interest of the City.
6-D EXTRA WORK -- Any extra work done shall conform to the provisions in Section 3.3
"EXTRA WORK" of the Standard Specifications. However, equipment rental rates shall
conform to State of California Business and Transportation Agency, Department of
Transportation, Division of Construction, "LABOR SURCHARGE AND EQUIPMENT
RENTAL RATES" latest edition, unless the extra work is done for a negotiated price. Prior
approval shall be obtained in writing from the Public Works Director, before performing any
extra work, except for urgently needed repairs to the irrigation systems. With submission of the
bill for such Extra Work, Contractor shall attach copies of material invoices and rental
receipts, if any, as backup for the amount charged.
Extra Work includes repairs and replacement made as a result of vandalism in which the
value of all work performed is greater than $25.00 and shall be noted on the invoice. Extra Work
does not cover any repairs or replacement of items needing repair or replacement due to the
Contractor's negligence or failure to perform the scheduled maintenance. Contractor shall be
required to make necessary repairs or replacement at no cost to the City if work needed is a result
of contractor's negligence. The Public Works Director shall make final determination if work
needed is due to vandalism or contractor's negligence.
6-E SUPPLEMENTAL WORK -- Any supplemental work done shall be performed at the
price indicated in the "SUPPLEMENTAL ITEMS OF WORK SCHEDULE". Renovation of
existing landscaping due to age or poor growth as determined by the Public Works Director and
not related to Contractor's negligence shall be classified as Supplemental Items of Work. All
supplemental work performed shall be as directed by the Public Works Director in writing.
The provisions contained in Section 3-2, "Changes Initiated by the Agency", of the
Standard Specifications shall not apply to Supplemental Items of Work, and no adjustment shall,
therefore, be made in the contract unit price for increased or decreased quantities of
Supplemental Items of Work.
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SECTION 7
DESCRIPTION OF WORK / GENERAL
7-A GENERAL -- It is the intent of these Special Provisions that the maintenance of
landscaping and irrigation system provided shall be adequate to maintain the landscaping in a
healthy and attractive condition and the irrigation system in a fully operational manner and in
compliance with applicable water conservation standards, regulations and ordinances. All
services shall be provided in a good workmanlike manner, consistent with the standards of the
industry as determined by the Public Works Director.
7-B WORK TO BE PERFORMED -- The work to be performed consists, in general, of the
following:
Maintenance -- Complete landscape maintenance of all contract areas to include litter
removal, irrigation, pruning, shaping and trimming of trees, shrubs, and ground cover plants;
raking; fertilization; weed control; control of all plant diseases and pests; mowing; edging;
irrigation and drainage systems; and all other maintenance required to maintain the contract
Landscape, Lighting and Parks Districts 1 and 2 in a safe, attractive, usable, healthy and vigorous
condition.
All hardscaped areas, such as sidewalks, curbs, gutters, expansion joints, median hardscape (if
any) and roadway surfaces extending out into the pavement at least five-feet from the curb face,
within the contract defined Landscape, Lighting and Parks Districts 1 and 2, shall be kept free of
weeds, fugitive soils, trash, dead plant materials and debris as per the maintenance schedule. All
debris, fugitive soils and vegetative trimmings shall be removed of and disposed of by the
Contractor in compliance with National Pollution Discharge Elimination System (NPDES) Best
Management Practices as established by the City. Contractor shall not sweep, blow or otherwise
cause any trash, debris, fugitive soils or vegetative trimmings to be discharged into or upon any
street, gutter, drainage structure, storm drain or other facility.
Unimproved areas beyond described limits are not a part of this contract.
7-C MAINTENANCE SCHEDULES
7-C-1. Scheduling of Work -- The Contractor shall accomplish all normal landscape
maintenance required under this contract from Monday through Friday and as specified in this
Section of these Special Provisions. Exceptions may be made to normal working hours (7:00
a.m. to 6:00 p.m.) where incidence of use may be too great during the hours specified to allow
for proper maintenance. The Public Works Director may grant, on a case by case basis,
permission to perform contract maintenance at other hours.
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7-C-2. The Contractor shall establish a schedule of routine work to be followed in the
performance of this contract. This schedule shall include the day of each week that the
contractor shall physically perform the routine work within each Zone set forth within this
schedule and the type of work scheduled to accomplish. A copy of this schedule shall be
provided to the Public Works Director prior to the performance of any work required by this
contract and these specifications, and any changes in scheduling shall be reported in writing to
the Public Works Director five (5) days prior to initiating the change.
7-C-3 The contractor shall provide a written notice to the Public Works Director at least
five (5) business days prior to performing any additional work not routinely performed on a
monthly basis during contractor’s weekly maintenance cycle. Said additional work may include
but not be limited to fertilization, aeration or overseeding. Said notice shall include the schedule
date or date(s) for performing the work.
7-C-4. The Contractor shall conduct the work at all times in a manner which will not
interfere with normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent
streets or parking lots. In addition, a special notification listing exact start date for fertilization,
aeration, renovation, pruning and other infrequent operations shall be furnished to the Public
Works Director at least five (5) working days in advance of performing these operations. The
Contractor shall also post printed public notices adjacent to the Landscape, Lighting and Parks
Districts 1 or 2 zone prior to application of any chemicals at least five (5) working days prior to
the application of any chemicals.
7-C-5 The following items of work shall be performed by the Contractor with the
frequency indicated:
ITEM OF WORK FREQUENCY PERFORMED
Pick up of trash and debris - Weekly. Note: Areas adjacent to high
pedestrian traffic may require more frequent
pickup of trash as determined by the Public
Works Director.
Complete Irrigation Test and Inspection.
(NON-CALSENSE CONTROLLED
SYSTEM)
Weekly visual inspection of entire system
which may include testing as necessary.
Inspection shall be comprehensive in order to
ensure proper and adequate irrigation.
Contractor shall test each valve circuit once
each month in order to ensure adequate
coverage, proper alignment of spray heads, and
elimination of overspray and to ensure proper
operation. Test and Inspection may be
performed in the presence of the Public Works
Director, as directed. Inspection shall include
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reviewing and documenting the valve-station
run-times and making appropriate adjustments
at the direction of the Public Works Director in
order to comply with City or EMWD water
conservation requirements or established water
budgets for each. Contractor shall have access
to controller for purposes of performing tests
and setting circuit run times. Contractor shall
notify the City in writing regarding station run
times on the first of each month. See also
Section 9 for additional requirements.
Complete Irrigation Test and Inspection.
(CALSENSE CONTROLLED SYSTEM)
Weekly visual inspection of entire system
which may include testing as necessary.
Inspection shall be comprehensive in order to
ensure proper and adequate irrigation.
Contractor shall test each valve circuit once
each month in order to ensure adequate
coverage, proper alignment of spray heads, and
elimination of overspray and to ensure proper
operation. Test and Inspection may be
performed in the presence of the Public Works
Director, as directed. Contractor shall have
access to controller for purposes of performing
tests only. City shall retain control over
CalSense Controllers for purposes of setting
and managing irrigation schedules. See also
Section 9 for additional requirements.
Rodent Control. Weekly
Trimming/Pruning Shrubs. Once per month or as needed.
Fertilization of shrubs and ground cover.
Semi-annually
Fertilization - turf. Quarterly
Weeding of non-landscaped slopes with all
debris to be removed.
Monthly
Continual Weeding of all shrub/planter beds
banks, and ALL other areas including
hardscape, sidewalks and expansion joints not
defined as slopes.
Weekly
Raking beds; removal of leaves, pine needles,
etc.
Weekly
Shrub/planter bed edging Semi-monthly
Sweeping/Blowing/Vacuuming Walks after Weekly
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mowing and edging.
Washing walks/Median Hardscape As needed or directed by the Public Works
Director.
Cleaning drainage structures such as gutters,
concrete or landscaped swales and ditches,
catch basins, retention or detention basins,
storm drains, inlets or outlets and pipes 12-
inches in diameter or less.
Annually before October 1st , after each major
storm, or as directed by Public Works Director.
Spraying pre-emergent Quarterly
Spraying for weeds Every other month or as needed to control
weeds.
Turf mowing Weekly
Turf edging Weekly
Turf trimming with a power trimmer around all
poles, obstructions, tree wells, sprinkler heads
and other miscellaneous items as designated by
the Public Works Director.
Weekly
Turf aeration Annually (before July 15 or as directed by
Public Works Director)
Turf renovation ** Annually (before October 15 or as directed by
Public Works Director). Contractor shall give
5-day notice to Public Works Director prior to
performing work.
Over-seeding Annually (before October 15 or as directed
by Public Works Director). Contractor shall
give 5-day notice to Public Works Director
prior to performing work.
Pest control on trees As needed
* Turf renovation shall include the following:
1. Eradication of undesirable species.
2. Thatch removal by vertical mowing.
3. Cultivation by coring, grooving slicing or spiking
4. Fertilization and possibly liming.
5. Seeding (with seed approved by the Public Works Director)
7-D FUTURE WORK -- The cost of maintenance of landscaping which will be installed in
the future within Landscape, Lighting and Parks District 2 which are presently unimproved, if
any, will be negotiated with the Contractor at the time of City's acceptance of said
improvements. However, the cost of maintenance shall not exceed the unit price awarded under
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this contract. (i.e. same cost for irrigation components as awarded in this contract; turf and/or
ground cover shall not exceed the cost per square foot awarded under this contract).
7-E SUPPLIES -- All supplies required to accomplish the items of work specified herein, and
to maintain the landscaping in a healthy and attractive condition and the irrigation system in a
fully operational manner, shall be provided by the Contractor. Full payment for furnishing
landscaping and irrigation supplies shall be considered as included in the contract bid prices and
no additional compensation will be allowed therefore. The City shall approve the Brand and
model of any controllers, valves and sprinkler heads prior to use by the Contractor. Currently the
City is specifying Hunter rotators, and Rainbird pop-ups and valves. On any replacements, the
Contractor shall confirm in writing with City as to acceptability of proposed parts and
components.
7-F CONFLICTS -- In the event that this area is subject to construction of new and/or
expanded facilities, landscaped areas, irrigation systems or shrubs and trees may be disturbed or
eliminated by this construction. The Contractor shall provide maintenance up to the construction
area and insure proper irrigation at all times. Replacement of landscape and irrigation disturbed
by the construction will be by others. Upon restoration, the Contractor shall again be responsible
for maintenance. Areas eliminated by construction of hardscape shall be deducted from the
gross area under the same provisions as provided above for FUTURE WORK.
7-G AREAS ELIMINATED/MODIFIED -- Any areas permanently or temporarily
eliminated or modified within the maintenance area shall be negotiated with the Contractor under
the same provisions as provided above for FUTURE WORK.
7-H REPLACEMENT OF TREES AND PLANT MATERIALS, CONTRACTOR
NEGLIGENCE -- The Contractor will be responsible for replacing trees and plant material due
to over watering, under watering or improper horticultural practices or neglect as determined by
the Public Works Director at Contractor's cost. Contractor negligence will be based on changes
to the condition of the landscaping which may occur after start of contract. The City shall video
all landscape areas in order to document condition of landscaping at time that Contractor
assumes responsibility for maintenance and shall use said video record as a baseline to determine
changes in condition of landscaping over time to establish potential negligence.
Contractor shall not be liable for loss of plant materials due to disease or fungus, provided that
the Contractor notifies the contractor in writing with photographs within three (3) business days
upon discovery of any plant which the Contractor believes may be diseased or in failing health.
7-I CONTRACTOR PARTICIPATION IN LANDSCAPE IRRIGATION AUDITS OF
IRRIGATION SYSTEMS - The Contractor shall participate as needed in the periodic
performance of landscape irrigation audits as required by either the City or EMWD. Said
participation may include but not be limited to providing access to each controller, flagging and
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locating valves, preparing current valve schedules, validating valve station information, etc.
When a Landscape Irrigation Audit is deemed necessary, the Contractor shall make the
appropriate personnel available to the Landscape Irrigation Auditor. The Contractor shall
provide the appropriate personnel available for up to four (4) hours per controller at no additional
compensation to the Contractor at least once during each contract year; any additional time over
four (4) hours shall be billed at the rates set forth in the “Supplemental Items Of Work Schedule”
for the appropriate personnel.
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SECTION 8
TRAFFIC CONTROL AND JOB SITE CONDITIONS
8-A MAINTAINING TRAFFIC CONTROL -- Attention is directed to Section 7-10 "Public
Convenience and Safety" of the Standard Specifications, and these Special Provisions.
Warning signs, lights and devices for use in performance of work upon streets and highways
shall conform to the "Manual of Traffic Controls," current edition, published by the State of
California, and the "Work Area Traffic Control Handbook," current edition, adopted by the City
of San Jacinto, California.
A minimum of one (1) lane shall be maintained for each direction of traffic at all times, unless
approved otherwise by the Engineer.
Full compensation for furnishing and installing all signs, lights, flares, barricades and other
traffic control devices necessary to expedite passage of public traffic through the work area shall
be considered as included in the prices paid for the various contract items of work involved and
no additional compensation will be allowed therefore.
The Contractor shall be granted a no-fee temporary permit for lane closures during the
performance of this contract, subject to the following restrictions. The full width of the traveled
way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays,
after 5:00 p.m. Monday through Thursday and after 3:00 p.m. on Fridays and the day preceding
designated legal holidays, and when maintenance operations are not actively in progress on
working days. If lane closures are required outside of these periods or for a continuous period,
the Contractor shall secure appropriate permits from the City Engineer and comply with required
City standards regarding lane closures.
Personal vehicles of the Contractor's employees shall not be parked on the travel way at any
time. All Contractor vehicles shall be equipped with a permanently-mounted rotating or flashing
amber beacon of sufficient candle-power to be readily visible to any approaching traffic. Beacon
shall be activated at anytime that Contractor’s vehicle is parked in a street or highway.
The Contractor shall cooperate with local authorities relative to handling traffic through the area
and shall make their own arrangements relative to keeping the working area clear of parked
vehicles.
The provisions in this section may be modified or altered if, in the opinion of the Engineer,
public traffic will be better served and work expedited. Said modifications or alterations shall
not be adopted until approved in writing by the Engineer.
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8-B COOPERATION AND COLLATERAL WORK -- Attention is directed to Section 7.7,
"Cooperation and Collateral Work" of the Standard Specifications, and these Special Provisions.
Certain companies, governmental agencies, or their Contractors may be working within the area.
Certain utility facilities in various locations within the project limits may be removed, relocated,
abandoned, or installed by companies' or agencies' contractors.
It is anticipated that these existing utilities will not interfere with the Contractor's operations.
However, the Contractor shall exercise due care to ensure that these utility facilities are not
damaged during his operations.
The utility locations shown on the original landscaping plans are correct to the best of the City’s
knowledge. When in doubt, the Contractor shall contact the utility concerned before proceeding
further. Contractor shall utilize DigAlert services prior to commencing any excavations.
Full compensation for conforming to the requirements of this Section, not otherwise provided
for, shall be considered as included in the lump sum prices paid for the work involved and no
additional compensation will be allowed therefore.
8-C REMOVAL OF SIGNS -- Any unauthorized signs, stakes, posts/poles, political or
otherwise, found within or immediately adjacent to the landscaped areas and in the public right
of way from time to time shall be considered as trash and debris and shall be removed by the
Contractor immediately.
Full compensation for removal of such items shall be considered as included in the prices paid
for the various contract items of work involved and no additional compensation will be allowed
therefore.
8-D CLEANUP AND DUST CONTROL -- Cleanup and dust control shall conform to the
provisions in Section 7-B.1, "Cleanup and Dust Control" of the Standard Specifications as well
as applicable AQMD Rules and Regulations. Contractor shall not create nor cause to be created
any fugitive dust during the performance of this Contract.
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SECTION 9
IRRIGATION SYSTEMS
9-A GENERAL - The Contractor shall provide the following inspections, repairs and
maintenance, supply all needed materials, and perform the work as necessary in order to
maintain the irrigation system in a good state of repair, and in compliance with City Ordinance
09-22 and EMWD Administrative Code governing landscape water use and the provisions of
recycled water system facilities and services and subsequent revisions. All repairs shall be done
to normal and acceptable industrial standards; the City shall ultimately determine the acceptable
standards for all City facilities.
9-B QUALIFICATIONS OF PERSONNEL PERFORMING WORK ON IRRIGATION
SYSTEMS –
A. The Contractor shall ensure that all personnel performing work on irrigation systems are
appropriately trained and knowledgeable in the performance and operation of irrigation
systems, including but not limited to the operation of each type and brand of controller in
use. The Contractor shall provide in writing to the Public Works Director, the name and
telephone number of the Contractor’s designated Irrigation Specialist, and shall include
copies of all current certifications and training for this individual to the City prior to
contract award.
B. In the event that it is necessary to change the Contractor’s Irrigation Specialist, the
Contractor shall notify the City within ten (10) days and provide the name, telephone
number and certifications for the replacement individual for review and approval by the
Public Works Director.
C. In addition, the Contractor shall ensure that the Irrigation Specialist has attended all
required training for the operation, maintenance and control of on-site recycled water
facilities in accordance with the requirements set forth by EMWD, federal, state and local
regulatory agencies.
D. It is expected that the Contractor and their staff shall stay current with various irrigation
practices, water conservation measures and changes in ordinances and laws governing the
use of irrigation throughout the term of the contract by attending various seminars,
workshops and trade activities. For those irrigation systems regulated by EMWD, the
contractor shall quarterly review the current rules and ordinances proposed or adopted by
EMWD by reviewing the EMWD website at www.emwd.org.
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E. Contractor and their staff shall be knowledgeable and comply at all times with City of
San Jacinto Ordinance 09-22 and EMWD Administrative Code governing landscape
water use and the provisions of recycled water system facilities and services and
subsequent revisions.
9-C HOURS OF OPERATION OF IRRIGATION SYSTEM – Landscape irrigation shall
occur only between the hours of 9:00 p.m. and 6:00 a.m., except when manually watering during
the establishment period of a new landscape, when temperatures are predicted to fall below
freezing and when testing and repairing an irrigation system. In the event that, due to design or
operational issues relating to the irrigation system preclude the Contractor from watering only
between 9:00 p.m. and 6:00 a.m., the Contractor shall immediately notify the Public Works
Director. The Public Works Director shall investigate the issues relating to the irrigation issue
and shall provide additional direction in writing regarding the irrigation system operation hours
as appropriate.
9-D NOTIFICATON OF IRRIGATION SYSTEM DAMAGE - The Public Works
Director shall be immediately notified by telephone or email of any damage suspected to be
caused by accident, vandalism, theft, or Act of God in which the actual cost of repairing all
damage within a Zone at the same time is over $25.00 for both labor and materials. Immediate
notification to the Public Works Director of any such damage, prior to start of work within the
area, will serve to indicate the Contractor's belief that it was caused by factors beyond his
control. The City shall review the damage and/or request information from the Contractor in
order to establish the true cause of damage and determine responsibility for repair. The
Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving
landscape and irrigation not related to his operations.
9-E ADJUSTMENTS TO IRRIGATION SYSTEM - The Contractor shall repair, replace,
clean and adjust, straighten, raise and lower any and all sprinkler system components as needed,
for no additional cost, under normal wear conditions or if the actual cost of repairing any damage
within a Zone at the same time is less than or equal to $25.00 for both labor and materials, or as
determined by the Public Works Director. If the amount of work exceeds $25.00 for any
damage, the Contractor shall notify the Public Works Director in writing, and the City shall
inspect the proposed work in order to determine whether such work needs to be performed,
whether said work shall be performed by the City or the Contractor, and to approve the estimated
cost of said proposed work.
9-F CONTRACTOR NEGLIGENCE - The Contractor shall, at no cost to the City, repair
or replace any damaged irrigation system component due to his own negligence. The
determination of whether damage is the result of Contractor negligence shall be ultimately
determined by the City, based on all evidence available. Contractor shall notify the City of any
damage resulting from Contractor’s actions immediately via telephone if said damage exceeds
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$25.00 or may cause additional harm to the City. City shall reserve the right to perform an
inspection of damage prior to repair by the Contractor after notice.
9-G REPAIRS AS SUPPLEMENTAL OR EXTRA WORK - The cost of all repairs to, or
replacement of, irrigation system component caused by vandalism, theft or Act of God where the
actual cost of repairing the irrigation component is greater than $25.00 for both labor and
materials within a Zone, shall be classified as Supplemental Items of Work. Any repairs or
replacement not covered by an item of Supplemental Work shall be paid for as Extra Work, in
accordance with Section 6-A, "EXTRA WORK," of these Special Provisions. Full
compensation for inspections and testing of the irrigation system, and repairs to the irrigation
system that are less than or equal to $25.00 for both labor and materials for each Benefit Zone at
the same time shall be considered as included in the monthly maintenance cost for the work
involved; therefore no additional compensation will be allowed.
9-H REPLACEMENT OF IRRIGATION SYSTEM COMPONENTS WITH
EQUIVALENT COMPONENTS - Any replacement of an irrigation system component must
conform to the type and kind of the existing system, unless the use of anti-theft or anti-vandalism
devices have been authorized by the Public Works Director. When appropriate, sprinkler heads
shall be the same manufacturer as installed, unless approved by the Public Works Director. Any
other deviation must be approved in writing by the Public Works Director. Replacement of a
defective timer/controller shall be accomplished as directed by the Public Works Director. A
new timer/controller shall be of the same model and manufacturer as the one to be replaced
unless otherwise approved by the City. The City may, at its option, provide Contractor with
a replacement timer/controller, in which case the hourly rate for irrigation repair under
Supplemental Items of Work Schedule shall apply. Currently the City is specifying Hunter
rotators, and Rainbird pop-ups and valves. On any replacements, the Contractor shall confirm in
writing with City as to acceptability of proposed parts and components.
9-I MANUAL IRRIGATION - Irrigation shall be done by the use of the automatic
sprinkler systems, where available and operable; however, failure of the existing irrigation
system to provide full and proper coverage shall not relieve the Contractor of his responsibility.
In the event of a failure of any irrigation component that would prevent proper automatic
irrigation of the landscaping, Contractor shall apply irrigation manually until the repair and/or
replacement is accomplished. If the use of manual irrigation is necessary and is the result of
delays of repair or replacement caused by the Contractor, the Contractor shall be responsible for
the cost of providing Manual Irrigation. If the use of manual irrigation is necessary and is the
result of delays of repairs or replacement caused by the City, the cost for manual irrigation shall
be considered Supplemental or Extra Work and shall be reimbursable, provided that the
Contractor notified the City in advance and that the City approved in writing that said manual
irrigation be provided.
9-J INSPECTION, TEST AND REPAIR OF IRRIGATION SYSTEM –
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A. The Contractor shall maintain all sprinkler systems in such a way as to ensure proper
coverage and full working capacity, and shall make whatever adjustments which may be
necessary to prevent run-off into street right-of-way, or other areas not meant to be
irrigated. Care shall be exercised to prevent a waste of water or to cause erosion. All
irrigation components will be inspected and maintained by the Contractor on a weekly
basis. This will include laterals, main lines, gate valves, control wire, junction boxes and
any other items in the system.
B. In those Landscape, Lighting and Parks Districts 1 and 2 Zones where an automatic
sprinkler system is installed, the Contractor shall, perform a weekly visual inspection of
entire system which may include testing as necessary. Inspection shall be
comprehensive in order to ensure proper and adequate irrigation. Contractor shall test
each valve circuit once each month in order to ensure adequate coverage, proper
alignment of spray heads, and elimination of overspray and to ensure proper operation.
Test and Inspection may be performed in the presence of the Public Works Director, as
directed. Inspection shall include reviewing and documenting the valve-station run-times
and making appropriate adjustments at the direction of the Public Works Director in
order to comply with City or EMWD water conservation requirements or established
water budgets for each. Contractor shall have access to controller for purposes of
performing tests and setting circuit run times. Contractor shall notify the City in writing
regarding station run times on the first of each month. See also Section 9 for additional
requirements.
C. In those Landscape, Lighting and Parks District 1 and 2 Zones which have a CalSense
Controller, Contractor shall perform a weekly visual inspection of entire system which
may include testing as necessary. Inspection shall be comprehensive in order to ensure
proper and adequate irrigation. Contractor shall test each valve circuit once each month in
order to ensure adequate coverage, proper alignment of spray heads, and elimination of
overspray and to ensure proper operation. Test and Inspection may be performed in the
presence of the Public Works Director, as directed. Contractor shall have access to
controller for purposes of performing tests only. City shall retain control over CalSense
Controllers for purposes of setting and managing irrigation schedules.
D. The Contractor shall make appropriate repairs or adjustments as needed to the system
based on their inspection including repairs and replacement of sprinkler heads, nipples
and elbows to maintain adequate irrigation. Such repairs will be made by the Contractor
with same type/brand head, or approved equal by the Public Works Director.
E. For any Zone that has received an Irrigation Water Audit within the last 24-months, the
Contractor shall use the schedule and frequency for each valve as set forth in the water
audit as guidance in establishing the irrigation schedule for the month. Any deviations
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from this irrigation schedule without express written permission from the Public Works
Director and that result in the issuances of violations and monetary penalties from
EMWD to the City shall be the responsibility of the Contractor to pay. This requirement
shall only apply to any controller that is not centrally monitored or managed by the City
or their designee.
F. Contractor shall be responsible for the cleaning of any filters, screens or other devices
used to provide reclaimed water, or as part of a drip irrigation system, on a frequency as
recommended by the manufacturer or as appropriate in order to ensure proper operation
of the system.
G. All below-ground irrigation valve boxes shall be kept clean of dirt and debris at all times
in order to allow visual inspection of the irrigation component, and shall be periodically
treated with an approved rodent control in order to prevent damage to the valve or wiring
systems. Valves shall be properly tagged with an approved valve tag with the appropriate
valve number, and each valve box lid shall be hot-stamped with the corresponding valve
number or designation. Contractor will ensure that all valves correspond to the
appropriate controller station number in order to facilitate testing, water audits and
repairs. Valve boxes shall be periodically adjusted in order to ensure that the valve box
lid is at the same height as the surrounding terrain; said adjustments shall be considered
to be part of routine maintenance.
H. Contractor shall visually inspect the backflow devices weekly or after any period of
freezing for leakage or other evidence of failure and shall notify the Public Works
Director immediately by telephone if any damage or leakage is discovered.
I. On any irrigation system that includes an electrically operated booster pump, the
Contractor shall start and observe the operation of the booster pump weekly. Contractor
shall look for any evidence of leakage of water from the pump, evidence of discoloration
or damage to the electrical controls and components, unusual noises or other evidence
that the pump may not be performing within design specifications. In the event that the
booster pump is not operating properly, the Contractor shall notify the Public Works
Director immediately by telephone. NOTE: Repairs to any booster pump shall be the
responsibility of the City; any costs that may be incurred by the Contractor to support
said repairs shall be classified as Supplemental or Extra Work.
J. If any of the items mentioned in this section are found to be defective or in need of
repair during the weekly inspections, said items shall be repaired immediately. The
Contractor shall notify the Public Works Director immediately by telephone of the need
to perform a repair during normal business hours. If the need for repair is discovered
after normal business hours, the Contractor shall either isolate the damaged irrigation
section so as to prevent future water losses, or make such emergency repairs or
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commence manual watering as necessary in order to prevent excessive loss of plant
materials until the next business day.
9-K IRRIGATION STANDARD - Irrigation shall be accomplished in order to achieve the
following, as long as said standards do not exceed the water budgets established for each Water
Meter by either the City or EMWD:
Turf, if any, shall be irrigated as required, to maintain horticulturally acceptable growth
and color and to encourage deep rooting. Additional irrigation may be performed in the
event of unusually hot/dry weather conditions upon approval of the Public Works
Director.
Landscaping on banks and slopes, if any, shall be irrigated as required, to maintain
horticulturally acceptable growth and color, and to encourage deep rooting and
preventing erosion.
Shrub beds, if any, shall be irrigated as required, to maintain horticulturally acceptable
growth and color, and to promote deep rooting. Irrigation rates for shrub areas shall be
applied in such a manner as to prevent surface runoff. The irrigation rate shall be
adjusted to the needs of shrub types, seasons and weather conditions.
Newly planted trees, shrubs, ground cover and turf shall receive special attention until
these plants are established. Adequate water shall be applied to promote normal, healthy
growth. Proper berms or basins where needed shall be maintained during the
establishment period.
9-L COST OF REPAIR - Except where the cost of repair or replacement of irrigation
system components shall exceed $25.00 for each incident and for each Zone, the cost shall be
included in the contractor's base price. In the event that the cost shall exceed $25.00, the unit
price paid for replacing sprinkler heads shall include all items of work (including necessary
repairs and/or replacement of piping, fittings, etc.) involved in restoring a sprinkler to full
operation and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE". Any replacement or repair of the irrigation system accomplished as "EXTRA
WORK" shall be at the hourly rate bid price under Supplemental Items of Work Schedule shall
apply, plus material costs.
9-M EXCESSIVE IRRIGATION PROHIBITED – Contractor is prohibited from applying
excessive irrigation to any landscaped area in violation of the City’s Ordinance 09-22 or EMWD
Administrative Regulations.
A. Contractor shall have the responsibility to obtain a copy of the Monthly Water Budget
Statement for Landscape Meters from EMWD through the City for each water meter for
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each calendar month in order to monitor their compliance with the EMWD requirements.
City shall provide Contractor with a list of meter and account numbers applicable to each
Zone that the Contractor is responsible for.
B. Contractor shall ensure that the monthly water usage shall be within the limits of the
Annual Maximum Allowable Water Budget (AMAWB) and the Evapotranspiration
(ETo) rate, whichever is higher for each water meter servicing a benefit zone.
C. Contractor shall notify the Public Works Director by telephone immediately upon
discovery of any broken or damaged irrigation component that may have allowed
excessive use of water, and shall follow up said telephone notification with written notice
within three (3) business days, either delivered by facsimile, mail or hand-delivery to the
Public Works Director. Said notification shall constitute an administrative record of
excessive water usage that may be used by the City to defend itself from monetary
penalties proposed or levied by EMWD. Said notification shall include the date and time
that the damage was discovered, the controller and valve numbers affected and the
corrective actions taken.
9-N CONTRACTOR LIABLE FOR EMWD PENALTIES OR FINES – The Contractor
is responsible for ensuring that excessive irrigation is not occurring on any Zone under their care
and responsibility, and compliance with EMWD Administrative Code governing irrigation
and/or the provisions of recycled water system facilities and services and subsequent revisions.
Failure by the Contractor to perform the following actions shall result in the Contractor being
liable for any and all fines or penalties levied against the City by EMWD:
A. Failure to prevent excessive irrigation by allowing each controller station to operate for a
length of time greater than is necessary to ensure adequate plant health and comply with
the Annual Maximum Allowable Water Budget and the hours of allowable irrigation;
B. Failure to notify the City in writing within three (3) business days of the discovery of
broken or damaged irrigation component that may have caused excessive water usage; or,
C. Failure to make adjustments or repairs to irrigation systems in a timely manner when
notified by the City that a violation of EMWD Administrative Code has occurred and to
notify the City in writing that the repairs or adjustments have been completed.
D. Failure to comply with water run-off or irrigation hours requirement(s) after notification
by the City to the Contractor that a second or more violation of Administrative Code has
occurred.
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SECTION 10
ANNUAL COLOR, SHRUBS AND GROUND COVER PLANTS
10-A All annual color, shrubs and ground cover plants, if any, growing in the work area shall
be pruned as required to maintain plants in a healthy, growing condition. Dead or damaged
limbs, clippings, or branches shall be removed immediately and all pruning cuts shall be made
cleanly with sharp pruning tools, with no projections or stubs remaining. Any pruning shall be
accomplished in a manner which will maintain plant growth within reasonable bounds, but shall
permit all plants to grow naturally in accordance with their normal growth characteristics.
Shearing, hedging or severe pruning of plants, unless authorized by the Public Works Director,
will not be permitted. All shrubs and hedges which are against a wall shall be allowed to grow to
the height of the wall in order to prevent vandalism.
10-B Plants to be maintained shall conform to the requirements of Section 2.2, "Tree and
Shrub Care" and "Ground Cover Care" of the Landscape Cost Estimating reference and these
Special Provisions.
10-C Replacement of plants, shrubs and ground cover shall be in accordance with construction
plans and said Special Provisions on file in the office of the City Engineer of the City of San
Jacinto, and/or with the landscaping construction plans for the various subdivisions which are
included within this project, or as otherwise directed by the Public Works Director and Engineer.
All shrubs replaced shall be 5 gallon size or greater, unless authorized in writing by the Public
Works Director.
The unit price paid for replacing shrubs and ground cover shall include all items of work
involved in removing and planting shrubs and ground cover and at the price indicated in the
"SUPPLEMENTAL ITEMS OF WORK SCHEDULE".
10-D ANNUAL COLOR – Annual Color shall be installed and maintained at the entrances to
or other locations within each Zone as identified by the Public Works Director. Annual Color
shall be considered the same as Ground Cover for the purposes of this specification. The unit
price for replacing Annual Color shall include all items of work involved in removing and
planting ground cover, and at the price indicated in the “SUPPLEMENTAL ITEMS OR WORK
SCHEDULE.” A flat of Annual Cover shall be assumed to contain 64 plants.
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SECTION 11
FERTILIZER AND PEST CONTROL AGENTS
11-A Soil fertilizing and pest control agents shall conform to the requirements of these Special
Provisions and specifically to those requirements set forth in Section 5.
11-B Turf Grass
11-B-1 Manure shall not be used as a fertilizer or soil conditioning material.
11-B-2 Fertilization of all turf grass areas within the designated work area shall be
accomplished quarterly with a complete commercial fertilizer in homogeneous pellet
form. Guaranteed analysis shall be approved by the Public Works Director.
11-B-3 Fertilizer shall be packaged in multi-wall paper bags, polyethylene lined for
moisture resistance.
11-B-4 Fertilizer shall be applied at a rate to provide the required elements necessary
for healthy growth as determined by the Public Works Director or based on the results of
the soil testing and at the times specified below (or as otherwise directed by Public
Works Director):
July 1 - July 15
October 15 - November 1
January 15 - February 1
April 15 - May 1
11-B-5 Fertilizer shall be applied in granular form and shall be moisture-free so as to
obtain optimum spread. Notify the Public Works Director 2-3 days before application
and submit bag tag.
11-C Shrub Beds, Ground Cover, and Small Tree Fertilization
11-C-1 Fertilization of all shrub beds, ground cover areas and all young trees (3"
caliper and smaller) within the designated work area shall be accomplished two (2) times
per year with a commercial grade fertilizer having the guaranteed analysis of 6-10-4 or
equal. Guaranteed analysis shall be approved by the Public Works Director.
11-C-2 Fertilizer shall be applied at the rate specified on the package for type of plant
material. Fertilizer shall be applied at the times specified below:
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October 1 - October 15
March 15 - April 1
11-C-3 Adequate irrigation will immediately follow the application of fertilizer to
force fertilizer material to rest directly on the soil surface.
11-D The fertilizer shall be delivered to the site in the original unopened containers bearing the
manufacturer's guaranteed analysis.
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SECTION 12
LAWN / TURF
12-A All turf shall be edged adjacent to all improved and unimproved surfaces; turf edges shall
be maintained if the turf area abuts a shrub bed, property line or to maintain a turf delineation.
12-B All lawn areas included in this contract shall be mowed with approved power-propelled
reel-type or rotary mowers. The mowers shall be equipped with catchers. Mowing shall be done
in such a manner as to prevent ruts or depressions from forming by the wheel and/or weight of
the mower. NOTE: A MULCH-MOWING PROGRAM MAY BE PERMITTED WITH
PRIOR APPROVAL OF PUBLIC WORKS DIRECTOR.
12-C Mowers shall be maintained so as to provide a smooth, even cut without tearing; mowers
are to provide a uniform, level cut no higher than two (2) inches, or as otherwise instructed by
the Public Works Director, but no more than 25% of existing growth to be removed in any one
mowing.
12-D Inclement weather may preclude adherence to the frequency schedule of mowing. The
Contractor may request, from the Public Works Director, for reasons of rain or prolonged cold,
alteration of this mowing frequency.
12-E Renovation shall be any approved operation that removes accumulated thatch from turf
areas; a schedule of equipment to be utilized by the Contractor shall be submitted to the Public
Works Director ten (10) days prior to beginning work; renovation shall occur upon thirty (30)
days’ notice from the Public Works Director. Care should be taken during the renovation
process to assure a neat and clean appearance to turf areas after the renovation process has taken
place.
12-F Over-seeding shall be done on an annual basis following the fall renovation and prior to
October 15th of each year. All turf areas shall be over seeded with a seed mix that meets with
the Public Works Director's approval. Steps must be taken during the renovation process to
ensure seed to ground contact. Failure to realize a minimum of 75% germination will require
reseeding by the Contractor at no extra cost to the City.
12-G Turf area shall be aerated a minimum of one time each year. Aeration will be scheduled
immediately prior to the July fertilization. Under adverse conditions or as a result of high use
where turf is suffering from compaction, aeration may be necessary at more frequent intervals at
no additional cost to the City. The frequency intervals shall be as required to promote healthy
vigorous growth as determined by the Public Works Director.
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A schedule of aeration equipment to be used shall be submitted to the Public Works
Director ten (10) days prior to beginning work.
12-H All grass clippings are to be picked up by means of the appropriate attachments to
mowers or by use of other mechanical devices necessary to achieve a clean, neat appearance of
turf areas. In the event of the mulch-mowing as provided under Section 12-B, all clippings must
be adequately fine-cut and spread as to achieve a neat appearance.
12-I Any turf to be replaced which suffers any Act of God, vandalism or other destructive
occurrences, in excess of the number stated in the bid item, and not directly or indirectly caused
by Contractor's negligence or failure to perform scheduled maintenance, shall be classified as
SUPPLEMENTAL ITEMS OF WORK.
12-J Defective turf shall be removed and replaced with sod. The sod shall be of the same type
of turf removed and shall be installed as directed by the Public Works Director.
The unit price paid for replacing turf shall include all items of work involved in removing
and placing sod and at the price indicated in the "SUPPLEMENTAL ITEMS OF WORK
SCHEDULE".
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SECTION 13
SLOPE, BANK AND DRAIN MAINTENANCE
13-A SLOPES AND BANKS -- All Slopes and Banks are to be weeded by hand or by using a
power weed cutter. All other plant material located on the slope shall be maintained as stated in
these Special Provisions. All weeds, dead plant materials, debris and trash are to be removed
weekly. Slopes and banks shall be hydroseeded with a native annual seed mix once each year, at
the manufacturer’s recommended date for sowing, but no later than March 1st of each year.
13-C DRAINS -- Permanent drainage structures such as gutters, concrete swales and ditches,
catch basins, retention or detention basins, storm drains, inlets or outlets and pipes 12-inches in
diameter or smaller are to be cleaned and kept free of obstructions at all times and are to be
completely cleaned annually before October 1st or as directed by Public Works Director. The
Contractor is hereby notified that some of the drainage structure maintenance within the
individual districts may require specialized equipment to perform this maintenance requirement;
Contractor is advised to review those drainage areas prior to bid submission.
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SECTION 14
WEED CONTROL
14-A Weed growth in all areas identified as future roadbeds, non-landscaped traffic islands,
medians, undeveloped slopes and underdeveloped areas shall be cut to a 2" height and treated
with Round-up or other herbicide as approved by the Public Works Director, per manufacturer's
label on an "as needed" basis. Said height is for erosion control. Said areas are to be maintained
as such for duration of contract. This shall also include weekly trash and litter pick-up.
14-B All landscaped areas within the specified maintenance area including lawns, shrub and
ground cover beds, planters, tree wells, shall be kept free of weeds. A weed will be considered
as "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical,
or chemical methods. The Public Works Director may restrict the use of chemical weed control
in certain areas. Complete removal of all weed growth shall be accomplished within each seven
(7) days. This section includes all undesirable growth adjacent to curbs, gutters, and sidewalks.
14-C For unimproved areas within described limits, ten (10) feet from curb face shall be
maintained weed-free by herbicides and manual methods. Herbicides shall be approved by the
City prior to use and only State of California licensed Pest Control Operators shall apply the
Herbicides. Unimproved areas to be maintained are shown on the Plan.
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SECTION 15
TREES
15-A Contractor shall NOT be responsible for the planting, trimming, topping or maintenance
of any tree with a crown height over eight (8) feet tall. Contractor shall be responsible for
skirting any tree to a height of 8-feet as measured from ground level that may overhang any trail,
sidewalk or path and that interferes with the safe and convenient passage of an adult. In
addition, Contractor shall be responsible for the removal of any branches, limbs, fronds or other
debris that have fallen to the ground from a tree.
15-B All trees shall be maintained in their natural shapes. Pruning shall be performed in such a
manner as to promote the best growth habits, appearance, and health of the tree and shall include
a selective and natural approach to pruning of all trees on site, including pest and disease control
and removal of any dead limbs, fronds or branches.
15-C The Contractor shall bring to the attention of the Public Works Director any tree that
shows signs of root heaving, leaning, girding, abrasion or that have hanging limbs or is in some
manner, a safety hazard. Contractor shall notify the Public Works Director 48 hours prior to any
pruning.
15-D Tree removal and replacement due to damage or negligence by the Contractor as a result
of improper chemical application or equipment damage shall be at Contractor's expense.
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SECTION 16
TRAIL SYSTEMS
16-A Trail System, if present, may consist of, but not be limited to, any of the following: 1)
Asphalt bicycling/walking trail; 2) Decomposed Granite (D.G) or similar equestrian / walking
trail; 3) Natural equestrian/walking trail; or, 4) as identified by the City Engineer. Maintenance
to be performed as follows:
16-B Asphalt bicycling/walking trail: Asphalt trails shall be swept using either a mechanical
or vacuum sweeper as approved by the Public Works Director at least once every three months.
In the event that combined sweeper/cleaner is used, the sweeper shall be capable of recovering
all applied waters. Weeds removal shall be the same as specified in Section 14 as for landscaped
areas (complete weed removal) at the same frequency as planter beds. Trash and debris shall be
removed weekly, or as needed. Said maintenance shall be included in the Basic Maintenance
price.
16-C Decomposed Granite or similar equestrian / walking trail: Weeds removal shall be the
same as specified in Section 14 as for landscaped areas (complete weed removal) at the same
frequency as planter beds. Trash, debris and animal droppings shall be removed daily. Said
maintenance shall be included in the Basic Maintenance price.
16-D Natural equestrian/walking trail: Weeds removal shall be on an “as-needed” basis, but not
less than once every three months (complete weed removal). Trash, debris and animal droppings
shall be removed daily. Said maintenance shall be included in the Basic Maintenance price.
16-E Fences, railings, footings and other appurtenants shall be cleaned at least once every three
months. Fences, railings and footings shall be inspected weekly for any damages or the need for
good repair. Said cleaning, repairs less than $25.00 for both labor and materials, and inspections
shall be included in the Basic Maintenance price. The Public Works Director shall be
immediately notified of any need for repairs or for damage suspected to be caused by accident,
vandalism, theft, or Act of God in which the actual cost of repairing the damage is over $25.00
for both labor and materials. Immediate notification of any such damage, prior to start of work
within the area, will serve to indicate the Contractor's belief that it was caused by factors beyond
his control. The City shall review the damage and/or request information from the Contractor in
order to establish the true cause of damage and determine responsibility for repair. The
Contractor shall not be responsible for vandalism, theft, Acts of God or accidents involving
fences, railings and footings not related to his operations.
Any work needed within trail systems not specified herein, shall be performed as Extra Work, as
defined herein.
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APPENDIX B
SAMPLE CONTRACT
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SAMPLE CONTRACTOR SERVICE AGREEMENT
CITY OF SAN JACINTO
CONTRACT SERVICES AGREEMENT FOR
LANDSCAPE MAINTENANCE SERVICES
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and
entered into this _____ day of _____, 20____, by and between the CITY OF SAN JACINTO, a
municipal corporation, (herein "City") and ________________ (herein "Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
SERVICES OF CONTRACTOR
Scope of Services.
In compliance with all of the terms and conditions of this Agreement, the Contractor shall
perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A"
and incorporated herein by reference. Contractor warrants that all work and services set forth in
the Scope of Services will be performed in a competent, professional and satisfactory manner.
Compliance With Law.
All work and services rendered hereunder shall be provided in accordance with all
ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local
governmental agency of competent jurisdiction.
Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
COMPENSATION
Contract Sum.
For the services rendered pursuant to this Agreement, Contractor shall be compensated in
accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and
incorporated herein by this reference, but not exceeding the maximum contract amount of
__________________Dollars ($________) ("Contract Sum").
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Method of Payment.
Provided that Contractor is not in default under the terms of this Agreement, Contractor
shall be paid in accordance with the Schedule of Compensation and ___________________.
COORDINATION OF WORK
Representative of Contractor.
___________is hereby designated as being the principal and representative of Contractor
authorized to act in its behalf with respect to the work and services specified herein and make all
decisions in connection therewith.
Contract Officer.
_________ is hereby designated as being the representative the City authorized to act in
its behalf with respect to the work and services specified herein and make all decisions in
connection therewith ("Contract Officer"). The City Manager of City shall have the right to
designate another Contract Officer by providing written notice to Contractor.
Prohibition Against Subcontracting or Assignment.
Contractor shall not contract with any entity to perform in whole or in part the work or
services required hereunder without the express written approval of the City. Neither this
Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of City. Any such prohibited assignment or transfer shall
be void.
Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth. Contractor shall perform all services required herein as an
independent contractor of City and shall remain under only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City.
INSURANCE AND INDEMNIFICATION
Insurance.
The Contractor shall procure and maintain, at its sole cost and expense, in a form and
content satisfactory to City, during the entire term of this Agreement including any extension
thereof, the following policies of insurance:
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Comprehensive General Liability Insurance.
A policy of comprehensive general liability insurance written on a per occurrence basis in
an amount not less than either (i) a combined single limit of $2,000,000.00 or (ii) bodily injury
limits of $2,000,000.00 per person, $2,000,000.00 per occurrence and $2,000,000.00 products
and completed operations and property damage limits of $2,000,000.00 per occurrence and
$2,000,000.00 in the aggregate.
Worker's Compensation Insurance.
A policy of worker's compensation insurance in such amount as will fully comply with
the laws of the State of California and which shall indemnify, insure and provide legal defense
for both the Contractor and the City against any loss, claim or damage arising from any injuries
or occupational diseases occurring to any worker employed by or any persons retained by the
Contractor in the course of carrying out the work or services contemplated in this Agreement.
Automotive Insurance.
A policy of comprehensive automobile liability insurance written on a per occurrence
basis in an amount not less than $2,000,000.00 for bodily injury liability and property damage
liability. Said policy shall include coverage for owned, non-owned, leased and hired cars.
All of the above policies of insurance shall be primary insurance and shall name the City,
its officers, employees and agents as additional insureds. The insurer shall waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. All of said policies of insurance shall provide that said insurance may
not be amended or canceled without providing thirty (30) days prior written notice by registered
mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall,
prior to the cancellation date, submit new evidence of insurance in conformance with this
Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence
until the Contractor has provided the City with Certificates of Insurance or appropriate insurance
binders evidencing the above insurance coverages and said Certificates of Insurance or binders
are approved by the City.
The Contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment
of damages to any persons or property resulting from the Contractor's activities or the activities
of any person or persons for which the Contractor is otherwise responsible.
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated "A" or better in the most recent edition of
Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
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financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City due to unique circumstances.
Indemnification.
Contractor agrees to indemnify the City, its officers, agents and employees against, and
will hold and save them and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties, obligations, errors, omissions or
liabilities, including paying any legal costs, attorneys fees, or paying any judgment (herein
"claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of
or in connection with the negligent performance of the work or services of Contractor, its agents,
employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or
omissions of Contractor hereunder, or arising from Contractor's negligent performance of or
failure to perform any term, provision covenant or condition of this Agreement, but excluding
such claims or liabilities to the extent caused by the negligence or willful misconduct of the City.
TERM
Term.
Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall
continue in full force and effect until __________________.
Termination Prior to Expiration of Term.
Either party may terminate this Agreement at any time, with or without cause, upon thirty
(30) days' written notice to the other party. Upon receipt of the notice of termination, the
Contractor shall immediately cease all work or services hereunder except as may be specifically
approved by the Contract Officer. In the event of termination by the City, Contractor shall be
entitled to compensation for all services rendered prior to the effectiveness of the notice of
termination and for such additional services specifically authorized by the Contract Officer and
City shall be entitled to reimbursement for any compensation paid in excess of the services
rendered.
MISCELLANEOUS
Covenant Against Discrimination.
Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry in the performance of this Agreement. Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated during
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employment without regard to their race, color, creed, religion, sex, marital status, national
origin or ancestry.
Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
Conflict of Interest.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which effects his financial interest or the financial interest of any corporation,
partnership or association in which he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Contractor warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
Notice.
Any notice, demand, request, document, consent, approval, or communication either
party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer, CITY OF SAN JACINTO, 595 S. San
Jacinto Avenue, San Jacinto, CA 92583, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement.
Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
Integration; Amendment.
It is understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the parties, and none shall be
used to interpret this Agreement. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing.
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Severability.
In the event that part of this Agreement shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining portions of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless the
invalid provision is so material that its invalidity deprives either party of the basic benefit of their
bargain or renders this Agreement meaningless.
Waiver.
No delay or omission in the exercise of any right or remedy by a nondefaulting party on
any default shall impair such right or remedy or be construed as a waiver. A party's consent to or
approval of any act by the other party requiring the party's consent or approval shall not be
deemed to waive or render unnecessary the other party's consent to or approval of any
subsequent act. Any waiver by either party of any default must be in writing and shall not be a
waiver of any other default concerning the same or any other provision of this Agreement.
Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to
judgment.
Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound.
[END – SIGNATURE PAGE FOLLOWS]
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AGENDA ITEM 3A.10
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date first written above.
CITY:
CITY OF SAN JACINTO,
a municipal corporation
____________________________________
(City Manager)
ATTEST:
____________________________________
City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger LLP
____________________________________
City Attorney
CONTRACTOR:
By: _________________________________
Name:
Title:
Address:
[END OF SIGNATURES]
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EXHIBIT "A"
SCOPE OF SERVICES
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
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APPENDIX C
BID DOCUMENT
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AGENDA ITEM 3A.10
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BID FORM
TO CITY COUNCIL OF
THE CITY OF SAN JACINTO
The undersigned declares that he has carefully examined the location of the proposed work and
read the accompanying instructions to bidders and the entire contract documents and hereby
proposes to furnish any and all required labor, materials, transportation and service for the
maintenance of landscaping and related facilities the areas listed on the bid forms.
Also in accordance with Standard Specifications for Public Works Construction, current edition,
as amended by the Special Provisions current edition. Undersigned proposes and agrees if this
proposal is accepted, that he will contract with the City of San Jacinto, in the form of the copy of
the contract set forth herein, to provide all necessary machinery, tools, apparatus and other
means of maintenance, and to do all the work and furnish all the materials specified in the
contract, in the manner and time therein prescribed, and that he will take in full payment
therefore the prices set forth in the following Bid Forms.
ADDITIONAL INSTRUCTIONS -
All blank spaces appearing on the bid forms must be filled in. In case of discrepancy in
Bid Amounts, unit prices shall govern over extended amounts, and written words
shall govern over figures.
PLEASE NOTE: Unit prices listed in the bid forms shall be the annual cost per item,
and multiplying this unit price by the number of units shall equal the annual cost.
Vendors shall be paid monthly and the monthly base rate shall be the annual cost
divided by twelve (12) months.
BIDDERS shall complete and submit the entire BID DOCUMENT (Appendix C),
including those items set forth below, in their bid to the City. Failure to do so will result in
a non-responsive Bid. These items include:
LICENSING AND CERTIFICATION - The Contractor shall possess and provide a copy of their
Class C-27 license at the time the contract is awarded and shall be required to maintain said
license in good standing throughout the period of contract performance.
Contractor must submit, along with their bid, copies of the California Agricultural Pest Control
Certificate, (for the person(s) or firm performing the work), and copies of certificates for
chemical applications from the County of Riverside.
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Each bidder shall provide, with his/her bid, a complete list of equipment, number and
classification of personnel and the names and telephone numbers of five (5) references for
projects of a similar nature.
An estimate of the square footage involved in each Basic Bid item has been provided to
assist the Contractor but are not to be construed as actual quantities. The Contractor, by
submitting a bid, has satisfied themselves of the actual character and quantity of work
and the price bid will be for the lump sum unit price.
Replacement plant material(s) shall be in quantity and/or size as set forth in the Special
Provisions (e.g. 15 gallon trees; 5 gallon shrubs).
BIDDER declares that this proposal is based upon careful examination of the work site
and the Bid and Contract Documents.
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BIDDER’S INFORMATION AND SIGNATURE:
It is the understanding of the undersigned that the work hereinabove described shall be commenced on,
July 1, 2014, except as previously noted, and shall continue in a good and workmanlike manner for the
term of the contract.
CONTRACTOR LICENSE INFORMATION
Licensed in accordance with an act providing for the registration of Contractor,
LICENSE NO.: _________________ CLASSIFICATION: ____________________
EXPIRATION DATE: _________________ CURRENT LICENSE STATUS:___________
NUMBER OF YEARS OPERATING UNDER ABOVE LICENSE/NAME STYLE: _____________
LICENSE EXPIRATION DATE: __________________________________________________
PRIOR ACTIONS AGAINST THIS LICENSE? Yes •••• No ••••
IF YES, LIST CITATION TYPE AND HOW RESOLVED: ___________________________________
BUSINESS LOCATION AND ADDRESSES
BUSINESS NAME: __________________________________________________________
BUSINESS ADDRESS: __________________________________________________________
__________________________________________________________
Is the above address the main office for purposes of billing and legal notice? Yes • No •
BUSINESS PHONE: ___________________ FAX : ___________________
CELL PHONE: ___________________
PLEASE LIST THE ADDRESS OF THE LOCATION OF YOUR BUSINESS WHICH IS LOCATED
WITHIN 30 MILES OF THE CITY OF SAN JACINTO CORPORATE YARD AND WHICH WILL BE
RESPONSIBLE FOR THIS CONTRACT, IF DIFFERENT THAN THE ABOVE ADDRESS:
BUSINESS ADDRESS: __________________________________________________________
__________________________________________________________
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DUNS NUMBER: ___________________ FEDERAL ID NUMBER: _________________
Is Bidder currently a certified DBE? Yes • No •
Legal Status of Firm: Corporation: • Partnership: • Sole Proprietorship: • Other: •
If a firm or co-partnership, so state and give the names of all individuals, co-partners composing the firm.
If a corporation, so state and give the names of the president, secretary, treasurer and manager below:
NAME (S) ADDRESS (ES)
______________________________ ____________________________________________
______________________________ ____________________________________________
______________________________ ____________________________________________
______________________________ ____________________________________________
PACKET PAGE: 178
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 65 of 75
VEHICLES AND EQUIPMENT
List vehicles and equipment to be furnished to execute work tasks specified in the Agreement,
General Provisions, and Special Provisions. Indicate with (S) any listed equipment to be
shared with another contract/ project. Use additional sheets as necessary to provide a
full, and comprehensive response.
Equipment:
Motor Vehicles
PACKET PAGE: 179
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 66 of 75
Turf Maintenance Power Equipment/Tools
Tree, Shrub, Ground Cover Trimming/Pruning Equipment/Tools (list both powered and hand
equipment/tools)
Irrigation System Maintenance Equipment (List both powered and hand equipment/tools)
Fertilizer Application Equipment (List both powered and hand equipment/tools)
PACKET PAGE: 180
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 67 of 75
Pesticide Application Equipment (List both powered and hand equipment/tools)
PACKET PAGE: 181
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 68 of 75
Staff
List the name of each employee, both labor and supervision, to be routinely assigned to execute work
tasks specified in the Agreement, General Provisions, and Special Provisions. Be sure to note by title any
applicable licenses/certifications held by assigned personnel. Indicate with (S) if listed personnel are to be
shared with another contract / project. Use additional sheets as necessary to provide a full and
comprehensive response.
Administrative Staff:
(List administrative personnel — include any relevant education, certification, licensing information for
each person listed)
General Landscape Maintenance
(List labor and field supervisory personnel — include any relevant education, certification, licensing
information for each person listed)
PACKET PAGE: 182
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 69 of 75
Tree Trimming/Maintenance
(Include any ISA or equivalent certified personnel)
Turf Maintenance
(List labor, and administrative and field supervisory personnel — include any relevant
education, certification, licensing information for each person listed)
Irrigation System Maintenance
(List technical personnel — include any relevant education, certification, licensing
information for each person listed)
PACKET PAGE: 183
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 70 of 75
Pesticide Application
(List licensed and/or certified personnel - all non-licensed, non-certified personnel must
have received verifiable annual training)
PACKET PAGE: 184
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 71 of 75
PREVIOUS CUSTOMERS AND SERVICES
Please provide a list of five municipal customers (cities, counties, school districts or special districts)
which your company has provided services similar in nature to those included in the Request for Bid
in the last three years. Please include the agency name, address, telephone number, point of contact,
period of performance and annual dollar value:
AGENCY ADDRESS TELEPHONE CONTACT PERIOD DOLLAR
VALUE
PACKET PAGE: 185
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 72 of 75
LIST OF SUBCONTRACTORS
In compliance with the provisions of the Government Code, Section 4102, the undersigned prosper
herewith sets forth the name and location of the place of business of each subcontractor who will perform
work or labor or render service to the general contractor in or about the construction of the work or
improvement in an amount in excess of one-half of one percent (0.5%) of the general contractor's total
proposal, and the portion of the work which will be done by each subcontractor, as follows:
Name, License and
Classification Number
Place of Business and telephone Description of Work
PACKET PAGE: 186
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 73 of 75
CERTIFICATION OF NON-DISCRIMINATION
Pursuant to California Labor Code Section 1735, as added by Chapter 643 statutes of
2039, and as amended,No discrimination shall be made in the employment of persons upon Public Works
because of the race, religious creed, color, national origin, ancestry, physical handicaps,mental condition,
marital status or sex of such persons, except as provided in Section 1420, and every Contractor of Public
Works violating this section is subject to all penalties imposed for a violation of the Chapter.
I certify that I have read, and understand the foregoing:
SIGNATURE: ____________________________________________________________
PRINTED NAME: ____________________________________________________________
TITLE: ____________________________________________________________
COMPANY NAME: ____________________________________________________________
DATE: ____________________________________________________________
PACKET PAGE: 187
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 74 of 75
BIDDER’S ACKNOWLEDGEMENT OF ADDENDUMS:
ADDENDUM NO. 1 ________________ DATE: ____________
ADDENDUM NO. 2 ________________ DATE: ____________
ADDENDUM NO. 3 ________________ DATE: ____________
ADDENDUM NO. 4 ________________ DATE: ____________
Please note that:
BID FORM 1 “LANDSCAPE MAINTENANCE”
And
BID FORM 2 “ADDITIONAL WORK”
Are a separate set of forms and are incorporated herein by
reference.
PACKET PAGE: 188
AGENDA ITEM 3A.10
City of San Jacinto
RFB Landscape District Maintenance Services
Page 75 of 75
PROPOSAL AFFIRMATION
With regard to the information provided hereinabove (Proposal Appendix C), I affirm that:
• All information provided is true and correct to the best of my knowledge, and;
• I understand that a materially false statement willfully or fraudulently made in connection with
this proposal may result in the termination of any contract between the City of San Jacinto and ,
and as a further result, the aforesaid firm may be barred from participation in future City
contracts as well as be subject to possible criminal prosecution, and;
• I have legal authority to bind to the terms of this affirmation.
.
FOR PROPOSAL TO BE VALID, THIS SHEET MUST BE SIGNED
SIGNATURE(S): _____________________________________________________
PRINTED: _____________________________________________________
NAME(S): _____________________________________________________
TITLE(S): _____________________________________________________
COMPANY NAME: _____________________________________________________
PACKET PAGE: 189
AGENDA ITEM 3A.10
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Tim Hults, City Manager
SUBJECT: Amendment to the Agreement for Completion of Public Improvements with
Citivest, LLC (Tract 31037-3)
RECOMMENDATION:
Staff recommends that the City Council approve the Amendment to the Agreement for
Completion of Public Improvements with Citivest, LLC (Tracts 31037-3), in substantially
the form set forth in the accompanying agreements, and authorize the City Manager to
execute it and any other documents necessary to implement said agreements.
DISCUSSION:
On December 9, 2002, the San Jacinto Planning Commission conditionally approved
Tentative Tract Tract No. 31037. Tentative Tract 31037 is located south of Ramona
Boulevard, west of Lyon Avenue.
The City had conditioned the approval of the final map for Tract No. 31037 on the timely
construction and completion of public improvements. To memorialize the requirement
for public improvements the City and the developer, Potter Ranch 2004, LLC (“Potter
Ranch”), entered into an Agreement on December 7, 2006. The Agreement was
subsequently recorded on February 22, 2007 as Instrument Number 2007-0124604
(“Agreement”).
Potter Ranch did not complete all of the work or make all of the public improvements
required under the original Agreement. Citivest, LLC (“Citivest”) is the new owner of the
property and completion of certain public improvements are required under the existing
Agreement. The City and the developer desired to amend the Agreement to
memorialize assumption by Citivest of the Agreement and all responsibilities therein.
City staff and the City Attorney have drafted the accompanying amendment.
Pursuant to Chapter 16.24 of the San Jacinto Municipal Code and the applicable
provisions of the Subdivision Map Act, Citivest and City shall enter into this amendment
to the Agreement (“Amendment”) for the timely construction and completion of the
public improvements and the furnishing of the security therefor, acceptable to the City
Engineer and City Attorney, for Tracts No. 31037-3.
The City will not record the Amendment until all legal fees have been paid.
PACKET PAGE: 191
AGENDA ITEM 5.1
FISCAL IMPACT:
The approval of these Agreements would likely have a positive fiscal impact on the City.
ATTACHMENTS:
1. Amendment No. 1 to the Agreement for the Completion of Public Improvements
(Tract 31037-3); and
2. Engineers Estimate
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 27383
APN(s): 436-061-017 THROUGH 036; 436-062-016 THROUGH 026; 436-063-003; 436-690-001 THROUGH 011; AND 436-
691-001 THROUGH 003
AMENDMENT NO. 1
TO AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACT NO. 31037-3
between
THE CITY OF SAN JACINTO
a California municipal corporation
AND
CITIVEST, INC.,
a California corporation
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AGENDA ITEM 5.1
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24438.C0000\8283591.5
AMENDMENT TO
THE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACT NO. 31037-3
1. Parties and Date.
This Amendment to the Agreement for Completion of Public Improvements Final Tract
No. 31037-3 (“Amendment”) is made and entered into as of this ___ day of _________, 2014, by
and between the City of San Jacinto, a municipal organization organized under the laws of the
State of California, with its principal place of business at 595 S. San Jacinto Avenue, San
Jacinto, CA 92583 (“City”), and Citivest, Inc., a California corporation with its principal place of
business at 4340 Von Karman Avenue, Suite 110, Newport Beach, Ca. 92260 (“Citivest” or
“Developer”). City and Developer are sometimes individually referred to as “Party” and
collectively as “Parties”. The parties agree as follows and the recitals are incorporated herein as
follows:
2. Recitals.
2.1 Agreement. The City has conditioned the approval of the final map for Tract No.
31037-3, real property located within City, a legal description of which is attached hereto as
Exhibit “A” and incorporated herein by reference (the “Property”), on the timely construction
and completion of Public Improvements as set forth in the Agreement for Completion of Public
Improvements Final Tract No. 31037-3 dated December 7, 2006, recorded February 22, 2007 as
Instrument Number 2007-0124604, by and between the City and Developer’s predecessor in
interest to the Property, Potter Ranch 2004, LLC, a California limited liability company (the
“Agreement”).
2.2 Amendment Purpose. Since the execution of the Agreement, the Property has
been transferred to Developer and the responsibility for the completion of certain Public
Improvements required under the Agreement has been assumed by the Developer. Therefore,
the City and Developer desire to amend the aforesaid Agreement to: (1) memorialize the
assumption of the Agreement and all responsibilities therein, by Developer; (2) provide for the
removal of certain improvement obligations and corresponding reduction in security amounts
required under the Agreement, as required by the Agreement and the California Subdivision Map
Act (Gov. Code §§ 66410 et seq.) (the “Map Act”); and (3) amend the aforesaid Agreement to
provide for the substitution of security, as permitted by the Agreement and the Map Act.
2.3 Amendment and Transfer Authority. Sections 20.5 and 20.7 of the Agreement
authorize, but do not require, the Parties to amend and/or transfer the Agreement by written
agreement and Section 66499(a) of the Government Code (contained in the Map Act) authorizes,
but does not require, the City to accept, in lieu of a traditional surety bond, a deed of trust,
secured by the property to be divided, or other alternative security, in order to secure the
performance of the Developer’s obligations under the Agreement. Section 3.4 of this
Amendment adds section 13.5 to the Agreement which authorizes said alternative security, in
order to secure the performance of the Developer’s obligations under the Agreement.
2.4 Request and Approval of City Council. Developer has made a written request to
the City of San Jacinto City Council (“City Council”) for its approval of a reduction in the
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improvement obligation and corresponding reduction in security amounts. The City Council
finds that it would be in the public interest to reduce the improvement obligation and
corresponding security amount.
3. Terms.
3.1 Assumption of Agreement. Developer hereby assumes the rights, responsibilities
and obligations of Developer under the Agreement.
3.2 Amendment of Exhibit “B” – List of Public Improvements. Exhibit “B”- List of
Public Improvements is hereby amended as set forth in Exhibit “B” to this Amendment.
3.3 Amendment of Security Amount. The amount of One Million, Fifty Four
Thousand, Nine Hundred and Forty Two Dollars ($1,054,942.00), contained in Sections 13.1 and
13.2 of the Agreement are hereby amended to be Four Hundred Ninety Six Thousand, Five
Hundred and One Dollars ($496,501). Developer may substitute for any existing surety bond(s)
one or more replacement surety bond(s), in such new amount, issued by one or more sureties
admitted to conduct surety business in the State of California, as set forth in Section 13.0 through
13.4 of the Agreement, or alternative security as defined in section 13.5 to the Agreement, as
amended herein. City shall release the existing bond(s) upon replacement of any such surety
bond(s) by Developer. To the extent the Public Improvements, as described in Exhibit B to the
original Agreement were not completed by the Developer’s predecessor in interest to the
Property, Potter Ranch 2004, LLC, Developer shall be responsible for completion of such
improvements as though fully set forth herein. No work shall be done on any Public
Improvement, nor shall any materials be supplied on any Public Improvements, unless and until
the Alternative Security is replaced with one or more traditional surety bonds, in a form and
amount approved by the City Council. Furthermore, City shall be under no legal obligation to
issue any additional Entitlements associated with the Property, as that term is defined by this
Amendment, unless and until the Alternative Security is replaced with one or more traditional
surety bonds, in a form and amount approved by the City Council.
3.4 New Section 13.5. A new Section 13.5 of the Agreement is hereby added to read
as follows:
“13.5 Alternative Security; Deed of Trust. Developer may, at its election,
substitute alternative security, substantially in the form attached hereto as Exhibit
“D” (“Alternative Security”), to secure the performance of the Developer’s
obligations to satisfactorily complete all of the Public Improvements. If the
security is a deed of trust, the deed of trust shall be recorded against the Property
in a first priority position, subordinate only to liens for the payment of property
taxes and/or assessments. City shall not be required to release or reduce any
surety bond for any of the Public Improvements unless and until Developer has
provided fully executed, and as applicable recordable, forms of Alternative
Security, in a form and substance required hereby, and then only to secure the
performance of the obligations set forth herein. The amount of any Alternative
Security shall be based on the City Engineer’s approximation of the actual cost to
construct the applicable Public Improvements, including the replacement cost for
all landscaping as described in Exhibit “B” (“Estimated Costs”). If City
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determines, in its sole and absolute discretion, that the Estimated Costs have
changed, Developer shall adjust the Alternative Security in the amount requested
by City. Developer’s compliance with this provision (Section 13.0 et seq.) shall
in no way limit or modify Developer's indemnification obligation provided in
Section 16.0 of this Agreement. No work shall be done on any Public
Improvement, nor shall any materials be supplied on any Public Improvements,
unless and until the Alternative Security is replaced with one or more traditional
surety bonds, in a form and amount approved by the City Council. Furthermore,
no entitlement, including but not limited to general plan amendment, zone change,
parcel or tract map, variance, conditional use permit, grading permit, building
permit, or certificate of occupancy (“Entitlements”), associated with the Property
shall be issued by the City unless and until the Alternative Security is replaced
with one or more traditional surety bonds, in a form and amount approved by the
City Council. Prior to transfer of title to the Property, Alternative Security shall be
replaced with one or more traditional surety bonds, in a form and amount
approved by the City Council.”
3.5 Continuing Effect of Agreement. Except as amended by this Amendment, all
other provisions of the aforementioned Agreement remain in full force and effect. From and
after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it
shall mean the Agreement as amended by this Amendment.
3.6 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant this Amendment.
3.7 Invalidity of Amendment. In the event that this Amendment, or any material
portion thereof is found by a court of competent jurisdiction to be invalid or unenforceable,
Developer shall be required to substitute traditional surety bond(s) in place of the Alternative
Security otherwise authorized hereby.
3.8 Counterparts. This Amendment may be executed in counterpart originals, which
taken together, shall constitute one and the same instrument.
3.8 Execution/Effectiveness. This Amendment shall be effective as of the date that it
is duly approved and executed by both parties hereto.
[SIGNATURES ON FOLLOWING PAGE]
PACKET PAGE: 196
AGENDA ITEM 5.1
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SIGNATURE PAGE
TO AMENDMENT TO
THE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACTS NO. 31037-3
CITY OF SAN JACINTO, a California
municipal corporation
CITIVEST, Inc., a California corporation
By: __________________________________
Alonso Ledezma, Mayor
Dated: ________________________________
By: __________________________________
Dana Hayes
Title: _________________________________
Dated: ________________________________
ATTEST:
By: __________________________________
Rick Miller, City Clerk
Dated: ________________________________
APPROVED AS TO LEGAL FORM:
By: __________________________________
Best Best & Krieger LLP
City Attorney
Dated: ________________________________
PACKET PAGE: 197
AGENDA ITEM 5.1
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24438.C0000\8283591.5
EXHIBIT “A”
AMENDMENT TO
THE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACTS NO. 31037-3
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JACINTO,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 7 THROUGH 31; LOT 36; AND LOTS 37 THROUGH 56 INCLUSIVE OF TRACT 31037-3 IN
THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 416, PAGES 96 THROUGH 101, INCLUSIVE OF MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
COMMONLY KNOWN AS:
LA VERANDA
APN: 436-061-017 THROUGH 036 (LOTS 37-56); 436-062-016 THROUGH 026 (LOTS 7-17); 436-
063-003 (LOT 36); 436-690-001 THROUGH 011 (LOTS 18-28); AND 436-691-001 THROUGH 003
(LOTS 29-31)
Authorized Signatory: Dana Haynes
Mailing Address: 4340 Von Karman Ave, Suite 110, Newport Beach, CA 92660
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EXHIBIT “B”
AMENDMENT TO
THE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACTS NO. 31037-3
LIST OF PUBLIC IMPROVEMENTS
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EXHIBIT “D”
AMENDMENT TO
THE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACTS NO. 31037-3
ALTERNATIVE SECURITY
PACKET PAGE: 200
AGENDA ITEM 5.1
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24438.C0000\8283591.5
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: City Clerk
APNs:
SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 27383
DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT
This Deed of Trust, Assignment of Rents and Security Agreement is made this ___ day of
_____________, 2014, between Citivest, Inc., a C (“Trustor”), First American Title Company,
a California corporation (“Trustee”), and the City of San Jacinto, a municipal corporation
(“Beneficiary”).
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness recited
herein and the trust created hereby, the receipt of which is hereby acknowledged, Trustor
IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH
POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms
and conditions set forth herein, Trustor’s fee interest in that property located in the City of San
Jacinto, County of Riverside, State of California, as described in Exhibit “A” attached hereto
(“Property”),
TOGETHER WITH all interest, estates or other claims, both in law and in equity which
Trustor now has or may hereafter acquire in the Property and the rents; all easements, rights-
of-way and rights used in connection therewith or as a means of access thereto, including
(without limiting the generality of the foregoing) all tenements, hereditaments and
appurtenances thereof and thereto; any and all buildings and improvements of every kind and
description now or hereafter erected thereon, and all property of the Trustor now or hereafter
affixed to the Property; all right, title and interest of Trustor, now owned or hereafter acquired,
in and to any land lying within the right-of-way of any street, open or proposed, adjoining the
Property, and any and all sidewalks, alleys and strips and areas of land adjacent to or used in
connection with the Property; all estate, interest, right, title, other claim or demand, of every
nature, in and to such property, including the Property, both in law and in equity, including.
but not limited to, all deposits made with or other security given by Trustor to utility
companies, the proceeds from any or all of the Property, claims or demands with respect to the
proceeds of insurance in effect with respect thereto, which Trustor now has or may hereafter
acquire, any and all awards made for the taking by eminent domain or by any proceeding or
purchase in lieu thereof of the whole or any part of such property, including without limitation,
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any awards resulting from a change of grade of streets and awards for severance damages to
the extent Beneficiary has an interest in such awards for taking; and
All of the foregoing is herein referred to as the “Security”, to have and to hold the Security
together with acquittances to the Trustee, its successors and assigns forever.
1. Secured Obligations. Trustor makes the grant, conveyance, transfer and assignment herein
for the purpose of securing: Trustor’s obligations under that certain Amendment No. 1 to
Agreement for Completion of Public Improvements for Tract 31037-3 as of January ___, 2014
which was recorded herewith, in the Official Records of the County of Riverside (the
“Improvement Agreement”), with the City of San Jacinto, a California municipal law corporation
(“City”) entered into between Trustor and Beneficiary (the “Secured Obligations”).
2. Maintenance and Repair. Trustor shall (a) keep the Property in good condition and
repair and not remove or demolish any building; (b) complete or restore promptly and in good
and workmanlike manner any building which may be constructed, damaged or destroyed; (c) pay
when due all claims for labor performed and materials furnished; (d) comply with all laws
affecting the Property or requiring any alterations or improvements to be made; (e) not commit
or permit waste; and (f) cultivate, irrigate, fertilize, fumigate, prune and do all other acts which
from the character or use of the Property may be reasonably necessary.
3. Insurance. Trustor shall maintain liability insurance. The insurance carrier and the
insurance policies and amounts of coverage shall be acceptable to Beneficiary, the liability policy
shall name Beneficiary as an additional insured, and shall require 30 days’ prior notice to
Beneficiary before the policy is modified or terminated.
4. Defense of Security. Trustor shall appear in and defend any action or proceeding
purporting to affect the security or the rights or powers of Beneficiary or Trustee. Trustor shall
pay all costs and expenses, including costs of evidence of title and attorneys’ fees, in any such
action or proceeding in which Trustee or Beneficiary may appear, and in any suit brought by
Beneficiary to foreclose this Deed of Trust.
5. Sale, Financing or Subordination. Trustor shall not finance or refinance any
portion of the Property. Trustor shall not subordinate this deed of trust, or sell, alienate,
convey, grant a security interest in, lien, transfer, mortgage, assign, pledge, or further encumber
the Property, whether directly or indirectly, whether voluntarily or involuntarily or by operational
law; these actions shall be considered a default at which point Beneficiary may, at
Beneficiary’s option invoke any remedies permitted by this Deed of Trust.
6. Entitlements. No work shall be done on any Public Improvement (as defined in the
Amendment No. 1 to Agreement for Completion of Public Improvements Tract 31037-3), nor
shall any materials be supplied on any Public Improvements, unless and until this Deed of
Trust is replaced with one or more traditional surety bonds, in a form and amount approved by
the City Council. Furthermore, no entitlement, including but not limited to general plan
amendment, zone change, parcel or tract map, variance, conditional use permit, grading permit,
building permit, or certificate of occupancy (“Entitlements”), associated with the Property shall
be issued by the City unless and until this Deed of Trust is replaced with one or more
traditional surety bonds, in a form and amount approved by the City Council.
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7. Payment of Taxes and Liens. Trustor shall pay (a) at least 10 days before
delinquency, all taxes and assessments affecting the Property, including water stock
assessments; (b) when due, all encumbrances, charges and liens, with interest, on the
Property, which are or appear to be prior or superior to this Deed of Trust; and (c) upon
demand all costs, fees and expenses of this Deed of Trust. If Trustor fails to make any
payment or to do any act provided for in this Deed of Trust, then Beneficiary or Trustee may,
without obligation to do so, and with or without notice to or demand upon Trustor, and without
releasing Trustor from any obligation under this Deed of Trust: (i) make or do the same in such
manner and to such extent as either may deem necessary to protect the security, Beneficiary or
Trustee being authorized to enter upon the Property for such purposes; (ii) appear in or
commence any action or proceeding purporting to affect the security, or the rights or powers of
Beneficiary or Trustee; (iii) pay, purchase, contest or settle any encumbrance, charge or lien
which in the judgment of either appears to be senior to this Deed of Trust; and (iv) in exercising
any such powers, pay allowable expenses, including attorneys’ fees.
8. Reimbursement of Costs. Trustor shall pay upon demand all sums expended by
Beneficiary or Trustee provided for in this Deed of Trust or allowed by law, with interest from
date of expenditure at the maximum rate allowed by law.
9. No Waiver. By accepting payment of any sum after its due date, Beneficiary does not
waive its right either to require prompt payment when due of all other sums or declare a default
for failure to pay.
10. Reconveyance. That upon written request of Beneficiary stating that the Secured
Obligations have been fulfilled, and upon surrender of this Deed of Trust, Trustee shall
reconvey, without warranty, the property then held hereunder. The recitals of such
reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The
grantee in such reconveyance may be described as “the person or persons legally entitled
thereto.”
11. Assignment of Rents. Trustor hereby absolutely and unconditionally assigns to
Beneficiary all of the rents, issues, profits, royalties, revenues, income and other benefits
(collectively, the “Rents”) derived from the Property, whether now due, past due or to become
due, and hereby gives to and confers upon Beneficiary, either directly or through a receiver, the
right, power and authority, but not the obligation, to collect the Rents, and to sue, either in the
name of Trustor or Beneficiary, for all such Rents and to apply the same to the indebtedness
secured hereby in such order as Beneficiary may determine in its sole discretion. This
assignment of Rents is intended to create and shall be construed to create an absolute
assignment to Beneficiary of all of Trustor’s right, title and interest in the Rents; provided,
however, so long as no default exists by Trustor in the payment of any indebtedness secured
hereby, or in any other covenant contained herein, or in said note or notes or in any other
document evidencing or securing such indebtedness, Trustor shall have the right to collect all
Rents from the Property and to retain, use and enjoy the same. Upon the occurrence of such a
default, without the necessity of demand or other notice to Trustor or any other act to enforce
Beneficiary’s interest pursuant to this assignment, Trustor shall have no interest whatsoever
in the Rents that are received by Trustor after a default, and all such Rents shall be received
and held by Trustor in constructive trust for Beneficiary and delivered promptly to Beneficiary,
or to a court-appointed receiver for the Property, without the necessity for further notice to, or
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24438.C0000\8283591.5
demand upon, Trustor. Upon the occurrence of such a default and at any time thereafter
during the continuance thereof, Beneficiary may, at its option, send any tenant of the Property
a notice to the effect that: (a) a default has occurred; (b) Beneficiary has elected to exercise its
rights under this assignment; and (c) such tenant is thereby directed to thereafter make all
payments of Rents to or for the benefit of Beneficiary or as Beneficiary shall direct. Any such
tenant shall be entitled to rely upon any notice from Beneficiary and shall be protected with
respect to any payment of Rents made pursuant to such notice, irrespective of whether a dispute
exists between Trustor and Beneficiary with respect to the existence of a default or the rights of
Beneficiary hereunder. Any such tenant shall not be required to investigate or determine the
validity or accuracy of such notice or the validity or enforceability of this assignment. Trustor
hereby agrees to indemnify, defend and hold any such tenant harmless from and against any and
all losses, claims, damages or liabilities arising from or related to any payment of Rents by such
tenant made in reliance on and pursuant to such notice.
10. Default and Foreclosure. Upon default by Trustor in performance of any Secured
Obligation, Beneficiary may deliver to Trustee a declaration of default and demand for sale
and of a notice of default and a notice of sale, which notice Trustee shall cause to be filed for record.
Beneficiary also shall deposit with Trustee this Deed of Trust and all documents evidencing the
Secured Obligations and expenditures, if any, secured by this Deed of Trust. Upon default of
any obligation secured by this Deed of Trust and acceleration of all sums due, if any, Beneficiary
may instruct Trustee to proceed with a sale of the Property under the power of sale granted in
this Deed of Trust, noticed and held in accordance with California Civil Code Sections 2924,
et seq., as such statutes may be amended from time to time. Trustor waives all rights it may
have to require marshaling of assets or to require sales of assets in any particular order, including
any rights under California Civil Code Sections 2899 and 3433.
11. Substitution of Trustee. Beneficiary, or any successor beneficiary of the Secured
Obligations or of any indebtedness secured hereby, may from time to time, by instrument in
writing, substitute a successor or successors to any Trustee named herein or acting hereunder,
which instrument executed by the Beneficiary and duly acknowledged and recorded in the
office of the recorder of the county or counties where the Property is situated, shall be
conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without
conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and
duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary
hereunder, the book and page where this Deed of Trust is recorded and the name and address of
the new Trustee.
12. Successors and Assigns. This Deed of Trust applies to, inures to the benefit of, and
binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and
assigns.
13. Trustee Acceptance. Trustee accepts this trust when this Deed of Trust, duly executed
and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify
any party hereto of pending sale under any other deed of trust or of any action or proceeding in
which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.
14. Further Assurances. Trustor shall, at its own cost and expense, do, execute,
acknowledge, and deliver all and every such further acts, deeds, conveyances, mortgages,
PACKET PAGE: 204
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assignments, notices of assignments, transfers, and assurances as Trustee or Beneficiary shall
from time to time require, for better assuring, conveying, assigning, transferring, and
confirming unto Trustee the Property and rights hereby conveyed or assigned or intended now
or hereafter so to be, or which Trustor may be or may hereafter become bound to convey or
assign to Trustee, or for carrying out the intention or facilitating the performance of the terms of
this Deed of Trust, or for filing, registering, or recording this Deed of Trust. Trustor shall, on
demand, execute and deliver, and hereby authorizes Trustee and Beneficiary, or either of them,
to execute in the name of Trustor, to the extent it may lawfully do so, one or more financing
statements, chattel mortgages, or comparable security instruments, to evidence more
effectively the lien hereof. Immediately upon the execution and delivery of this Deed of Trust,
and thereafter from time to time, Trustor shall cause this Deed of Trust, and any security
instruments creating a lien or evidencing the lien hereof upon any personal property and each
instrument of further assurance, to be filed, registered, or recorded in such manner and in such
places as may be required by any present or future law in order to publish notice of and fully to
protect the lien hereof upon, and the title of Trustee to, the Property encumbered hereby.
15. Condemnation and Insurance Proceeds. Immediately upon obtaining knowledge
of the institution of any proceedings for the condemnation or other taking of all or any portion
of the Property, or knowledge of any casualty damage to the Property, or damage in any other
manner, Trustor shall immediately notify Beneficiary thereof. Trustor hereby authorizes and
empowers Beneficiary as attorney-in-fact for Trustor to make proof of loss, to adjust and
compromise any claim under the insurance policies covering the Property, to appear in and
prosecute any action arising from such insurance policies, to collect and receive insurance
proceeds, and to deduct therefrom Beneficiary’s expenses incurred in the collection of such
proceeds; provided, however, that nothing contained in this Section shall require Beneficiary to
incur any expense or take any action hereunder. Trustor hereby authorizes and empowers
Beneficiary, at Beneficiary’s option, as attorney-in-fact for Trustor, to commence, appear in and
prosecute, in Beneficiary’s or Trustor’s name, any action or proceeding relating to any
condemnation or other taking of all or any part of the Property, whether direct or indirect, and to
settle or compromise any claim in connection with such condemnation or other taking. The
proceeds of any award payment or claim for damages, direct or consequential, in connection
with any condemnation or other taking, whether direct or indirect, of the Property, or any part
thereof, or for conveyances in lieu of the Property, or any part thereof, shall be paid to Beneficiary.
The foregoing powers of attorney are coupled with an interest and are irrevocable. Trustor
hereby authorizes Beneficiary to apply such awards, payments, proceeds or damages relating to
condemnation of the Property and insurance covering the Property, after the deduction of
Beneficiary’s expenses incurred in the collection of such amounts, at Beneficiary’s option,
subject to the requirements of applicable law and the provisions hereof, to restoration or repair of
the Property or to payment of the sums secured by this Deed of Trust. Beneficiary shall be
under no obligation to question the amount of any compensation, awards, proceeds, damages,
claims, rights of action, and payments relating to condemnation or other taking of the Property or
insured casualty affecting the Property, and may accept the same in the amount in which the
same shall be paid. Trustor shall execute such further evidence of assignment of any awards,
proceeds damages or claims arising in connection with such condemnation or taking or such
insurance as Beneficiary may require.
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24438.C0000\8283591.5
16. Severability. If any one or more of the provisions contained in this Deed of Trust shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions of this Deed of Trust, but this
Deed of Trust shall be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein or therein, but only to the extent of such invalidity.
17. Estoppel Certificate. Trustor shall, within ten (10) days of a written request from
Beneficiary, furnish Beneficiary with a written statement, duly acknowledged, setting forth the
sums secured by this Deed of Trust and any right of set-off, counterclaim or other defense which
exists against such sums and the obligations of this Deed of Trust.
The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale
hereunder be mailed to Trustor at Trustor’s address set forth below.
TRUSTOR:
By: _______________________________
Name: _____________________________
By: ______________________________
Name: ____________________________
Address:
__________________________________
__________________________________
PACKET PAGE: 206
AGENDA ITEM 5.1
24438.C0000\8086903.1
Exhibit A to the Deed of Trust
Situated in the State of California, City of San Jacinto, County of Riverside, and described as
follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN JACINTO,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 7 THROUGH 31; LOT 36; AND LOTS 37 THROUGH 56 INCLUSIVE OF TRACT 31037-3 IN
THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP
FILED IN BOOK 416, PAGES 96 THROUGH 101, INCLUSIVE OF MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
COMMONLY KNOWN AS:
LA VERANDA
APN: 436-061-017 THROUGH 036 (LOTS 37-56); 436-062-016 THROUGH 026 (LOTS 7-17); 436-
063-003 (LOT 36); 436-690-001 THROUGH 011 (LOTS 18-28); AND 436-691-001 THROUGH 003
(LOTS 29-31)
PACKET PAGE: 207
AGENDA ITEM 5.1
24438.C0000\8086903.1
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF __________________ )
On ____________________, 2014, before me, ____________________________Notary Public,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
¤ Individual
¤ Corporate Officer
Title(s) Title or Type of Document
¤ Partner(s) ¤ Limited
¤ General
¤ Attorney-In-Fact Number Of Pages
¤ Trustee(s)
¤ Guardian/Conservator
¤ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
PACKET PAGE: 208
AGENDA ITEM 5.1
24438.C0000\8086903.1
REQUEST FOR FULL RECONVEYANCE TO:
FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE:
The undersigned is the legal owner and holder of the Improvement Agreement and
the Assignment and Assumption Agreement and of all indebtedness secured by the
foregoing Deed of Trust. Said Agreement and Amendment No. 1 to the Agreement for
Completion of Public Improvements for Tract 31037-3, together with all other indebtedness
secured by said Deed of Trust, have been fully paid and satisfied or replacement security
satisfactory to Beneficiary has been provided; and you are hereby requested and directed,
on payment to you of any sums owing to you under the terms of said Deed of Trust, to
cancel all other evidences of indebtedness secured by said Deed of Trust delivered to you
herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the
parties designated by the terms of said Deed of Trust, all the estate now held by you under
the same.
Dated:______________________________
__________________________________
__________________________________
Please mail Deed of Trust, Note and Reconveyance to:
________________________________________
Do not lose or destroy this Deed of Trust OR THE IMPROVEMENT AGREEMENT
OR THE ASSIGNMENT AND ASSUMPTION AGREEMENT which it secures. Both
must be delivered to the Trustee for cancellation before reconveyance will be made.
PACKET PAGE: 209
AGENDA ITEM 5.1
24438.C0000\8086903.1
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF __________________ )
On ____________________, 2014, before me, ____________________________Notary Public,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
¤ Individual
¤ Corporate Officer
Title(s) Title or Type of Document
¤ Partner(s) ¤ Limited
¤ General
¤ Attorney-In-Fact Number Of Pages
¤ Trustee(s)
¤ Guardian/Conservator
¤ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
PACKET PAGE: 210
AGENDA ITEM 5.1
24438.C0000\8086903.1
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF __________________ )
On ____________________, 2014, before me, ____________________________Notary Public,
Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)
personally appeared ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
¤ Individual
¤ Corporate Officer
Title(s) Title or Type of Document
¤ Partner(s) ¤ Limited
¤ General
¤ Attorney-In-Fact Number Of Pages
¤ Trustee(s)
¤ Guardian/Conservator
¤ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
PACKET PAGE: 211
AGENDA ITEM 5.1
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PACKET PAGE: 217AGENDA ITEM 5.1
April 1, 2014
TO: The Honorable Mayor and Members of the City Council
FROM: Jeff Ballinger, City Attorney
Tom Prill, Finance Director
SUBJECT: Resolution No. 3498 / Waiver of Certain Statutory Penalties and Post-
Judgment Interest and Acceptance of Reduced Amount in Satisfaction of
Judgment
RECOMMENDATION:
Staff recommends that the City Council, by motion, Adopt Resolution No. ____, “A
Resolution of the City of San Jacinto, California, Authorizing the Waiver of Certain
Amounts in Satisfaction of Judgment in Judicial Foreclosure and For Subsequent
Delinquent Special Taxes as to New Property Owner,” which authorizes the following:
1. The waiver of delinquent penalties, redemption penalties and post-
judgment interest related to the redemption of five (5) parcels of property from the City’s
Judgment obtained against Ocean Springs, LLC on April 11, 2011.
2. The acceptance of $1,997,612.00 as satisfaction of the City’s judgment
and the subsequent delinquencies for Tax Years 2010/11, 2011/12 and 2012/13 related
to the five (5) parcels now owned by Tower Music City, LLC.
BACKGROUND:
The City of San Jacinto acts as the legislative body of City of San Jacinto Community
Facilities District No. 2002-1 (Rancho San Jacinto Phase 2), which requires that the City
adhere to certain covenants contained in the Fiscal Agent Agreement for the special tax
bonds, including the fiduciary obligation to timely foreclose on delinquent property, as
required, and to take other actions determined to be in the bondholders’ best interest.
On April 11, 2011, the City obtained a Judgment in Judicial Foreclosure; Order of Sale
Thereon in the amount of $1,412,741.74 against seven parcels of vacant real property
owned by Ocean Springs, LLC for delinquent special taxes for Tax Years 2008/09 and
2009/10. On December 1, 2011, a Sheriff’s Sale under the City’s judgment was held,
but there were no bids for the property and the judgment remains unpaid.
In addition, the special tax installments for these parcels are delinquent for Tax Years
2010/11, 2011/12 and 2012/13 and these delinquencies have been removed from the
Tax Roll on January 21, 2014 and forwarded to foreclosure counsel.
PACKET PAGE: 219
AGENDA ITEM 5.2
The property was recently sold to Tower Music City, LLC and five (5) of the parcels are
currently in escrow which requires the satisfaction of the City’s judgment and the
payment of the subsequent delinquencies related thereto before conveyance of the
property. The new property owner has proposed the payment of $1,997,612.00 in
satisfaction of the judgment and the subsequent delinquencies, which will require the
waiver of delinquent penalties, redemption penalties and post-judgment interest by the
City.
California Government Code section 53340(f)(1) of the Mello-Roos Act authorizes the
City, as the legislative body of the District, to waive all delinquent penalties and
redemption penalties for owners unrelated to the owner responsibility for the
delinquencies under certain conditions, all of which are herein satisfied.
Because the District’s special taxes related to this property have been delinquent since
2008 and because the property previously failed to sell at the City’s foreclosure sale in
2011, it is highly unlikely that the City will ever collect the full judgment price or that the
subsequent delinquencies will be paid in full. As such, City staff have determined that it
is in the bondholders’ interest for the City to waive the statutory penalties and to collect
the sum of $1,997,612.00 as satisfaction for the judgment and subsequent
delinquencies related to the five (5) parcels.
The proposed Resolutions authorizing this action are attached hereto.
FISCAL IMPACT:
This item does not require an expenditure of funds. All costs expended by the CFD will
be recouped through the Foreclosure Action.
ATTACHMENTS:
Resolution No. 3498
PACKET PAGE: 220
AGENDA ITEM 5.2
09960.00000\8688361. 1
STATE OF CALIFORNIA ) RESOLUTION NO. 3498
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY OF SAN JACINTO,
CALIFORNIA, AUTHORIZING THE WAIVER OF CERTAIN
AMOUNTS IN SATISFACTION OF JUDGMENT IN
JUDICIAL FORECLOSURE AND FOR SUBSEQUENT
DELINQUENT SPECIAL TAXES AS TO NEW PROPERTY
OWNER
WHEREAS, the City Council ("City Council") of the City of San Jacinto
("City") acts as the legislative body of the City of San Jacinto Community Facilities
District No. 2002-1 (Rancho San Jacinto Phase 2) (“District”), which was duly formed on
or about September 10, 2002; and
WHEREAS, on April 11, 2011, the City, on behalf of the bondholders for
the District, obtained a Judgment in Judicial Foreclosure; Order of Sale Thereon in the
amount of $1,412,741.74 against seven parcels of vacant real property owned by
Ocean Springs, LLC for delinquent special taxes for Tax Years 2008/09 and 2009/10;
and
WHEREAS, on December 1, 2011, a Sheriff’s Sale Under Foreclosure
was held under the City’s judgment for the Ocean Springs property with a minimum bid
of $1,480,887.72 but there were no bidders and the judgment remains unsatisfied; and
WHEREAS, subsequently, the special taxes for the Ocean Springs
property became delinquent for Tax Years 2010/11, 2011/12 and 2012/13 and these
delinquent installments have been removed from the Riverside County Tax Roll and
forwarded to foreclosure counsel; and
WHEREAS, subsequently, certain of the Ocean Springs property was
conveyed to Tower Music City, LLC which has now requested a waiver of the statutory
penalties and post-judgment interest in order to satisfy the judgment related to five (5) of
the parcels and redeem these parcels from foreclosure for the unpaid subsequent
delinquencies; and
WHEREAS, California Government Code section 53340(f)(1) authorizes
the legislative body to waive all delinquent penalties and redemption penalties for
owners unrelated to the owner responsible for the delinquencies under certain
conditions, all of which are herein satisfied.
PACKET PAGE: 221
AGENDA ITEM 5.2
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09960.00000\8688361.1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
JACINTO RESOLVES AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and are hereby
incorporated and adopted as findings by the City Council as though fully
set forth herein.
SECTION 2. Because the District’s special taxes related to the Ocean Spring property
have been delinquent since 2008, and there were no bidders at the prior
foreclosure sale in 2011, it is unlikely that the property will ever be
redeemed at the full judgment price or that the subsequent delinquent
special taxes will be paid in full. The Mello-Roos Act at Section
53340(f)(1) allows the legislative body to waive all delinquency penalties
and redemption penalties to allow a new owner unrelated to the owner
responsibility for the delinquencies to redeem the property from
foreclosure. Moreover, it is in the bondholders’ interest for the City to
consider the waiver of statutory penalties and post-judgment interest in an
effort to engender the redemption and eventual development of the
property.
SECTION 3. Therefore, pursuant to Section 53340(f)(1), the City Council hereby
authorizes the City Manager to waive all statutory penalties and post-
judgment interest related to the five (5) parcels of vacant land now owned
by Tower Music City, LLC and further authorizes the acceptance of
$1,997,612.00 as satisfaction of the City’s judgment and the subsequent
delinquencies for Tax Years 2010/11, 2011/12 and 2012/13 related to the
five (5) Tower Music City parcels.
SECTION 4. By this action, the City Manager shall provide instructions to the Fiscal
Agent for the deposit and administration of the funds following receipt by
the City.
SECTION 5. If any provision or clause of this Resolution or its application to any
particular set of facts or circumstances is held invalid, such invalidity shall
not affect other provisions of this Resolution that can be given effect
without the invalid provision or application, and to this end, the provisions
of this Resolution are declared to be severable.
PACKET PAGE: 222
AGENDA ITEM 5.2
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09960.00000\8688361.1
SECTION 6. This Resolution shall become effective on the date on which it is adopted.
PASSED, APPROVED AND ADOPTED, this 1st day of April, 2014.
Ayes:
Nays:
Absent:
Abstain:
City of San Jacinto
____________________________
Alonso Ledezma, Mayor
ATTEST:
__________________________
Rick Miller, City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
____________________________
Jeffrey S. Ballinger, City Attorney
PACKET PAGE: 223
AGENDA ITEM 5.2