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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 4/15/2014 AGENDA JOINT REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY April 15, 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 Special Recognition – City’s Finance Department Award of Excellence 1.6 MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 2. PUBLIC COMMENTS Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 3. JOINT CONSENT CALENDARS (SECTIONS 3A AND 3B) The matters listed under Consent Calendars are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. If an item is pulled, it will be heard after the balance of the Consent Calendar has been voted on. 3A CONSENT CALENDAR - CITY COUNCIL 3A.1 Waiver of Full Reading of Ordinance(s), and Reading by Title Only / Approve / City Clerk, City Attorney 3A.2 Minutes of April 1, 2014 - Regular Meeting / Approve / City Clerk 3A.3 Adjournment of July 1, 2014, August 5, 2014 and September 2, 2014 City Council Agenda April 15, 2014 Page 2 of 4 Regular City Council Meetings / Approve / City Clerk 3A.4 Warrants and Disbursements - March 2014 / Approve / Finance Director 3A.5 Letter in support of extending the Alternative Fuels Excise Tax Credit and equal transit and parking benefits for commuters / Approve / City Clerk 3A.6 Letter in support of the Nomination of Randon Lane for 2nd Vice President of The League of California Cities / Approve / City Clerk 3A.7 FY14 State Homeland Security Grant Program (SHSGP) Application - Community Emergency Response Team (CERT) Funding / Approve / Streets Supervisor, Public Works Director 3B CONSENT CALENDAR - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 4. PUBLIC HEARING 4.1 First Reading of Ordinance No. 14-03, approving and adopting Development Code Amendment No. 1-14; Group Home Ordinance / Approve / Consultant 4.2 First Reading of Ordinance No. 14-04, approving and adopting Development Code Amendment No. 2-14; Reasonable Accommodation Ordinance / Approve / Consultant 4.3 Proposed Resolution to Approve the Engineer's Report for LLPD No. 2 Annexation No. 88 / Approve / Finance Director 4.4 Proposed Resolution to Approve Annexation of property to LLPD NO. 2 as Annexation No. 88 and to levy and collect Annual Assessments within Annexation No. 88 for FY 2014-2015 / Approve / Finance Director 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 #1 to Construction Reimbursement Agreement with WRCOG for Ramona Expressway Widening (Sanderson to Main) / Approve / City Engineer 5.2 Agreement between City and RCTC to provide Measure A Funding for Ramona Expressway Widening, Phase 2 / Approve / City Engineer City Council Agenda April 15, 2014 Page 3 of 4 5.3 Reconsideration and Possible Action Regarding Waiver of Certain Statutory Penalties and Post-Judgment Interest and Acceptance of Reduced Amount in Satisfaction of Judgment / Discuss and Provide Possible Direction / City Attorney 6. CLOSED SESSION 6.1 CLOSED SESSION - CITY COUNCIL 6.2 CLOSED SESSION - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 7. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537-6358, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Any writing related to an agenda item for an open session of a regular meeting of the City Council that is distributed less than 72 hours prior to the meeting will be made available for public inspection at the City Clerk's office, located at 595 South San Jacinto Avenue, San Jacinto, California, and at the regular meeting location - City of San Jacinto Community Center, 625 South Pico Avenue, San Jacinto, California - at the time the writing is distributed to a majority of the City Council DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, CA 92583 I, Richard Miller, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 10th Day of April, 2014, as required by law. City Council Agenda April 15, 2014 Page 4 of 4 Richard Miller, City Clerk April 15, 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 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk SUBJECT: Minutes of April 1, 2014 - Regular Meeting RECOMMENDATION: Staff recommends that the City Council, by motion, approve the draft minutes of the Regular Meeting held April 1, 2014. ATTACHMENTS · Draft Minutes of the April 1, 2014 – Regular Meeting PACKET PAGE: 3 AGENDA ITEM 3A.2 ACTION MINUTES JOINT REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY April 1, 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 Assistant City Manager Mike Emberton gave the invocation. 1.4 Pledge of Allegiance Police Captain Ray Wood led the 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 Mayor Pro Tem Crystal Ruiz read and presented the proclamation to Gayle Hepner, Executive Director of CASA. Council Member Andrew Kotyuk, Mayor Ledezma and Mayor Pro Tem Ruiz each pledged $250 in support of CASA. 1.6 MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS Council Members gave their reports. 2. PUBLIC COMMENTS: Public Speakers: · Jim Pangrazzi PACKET PAGE: 5 AGENDA ITEM 3A.2 Action Minutes April 1, 2014 ____________________________________________________________________________________Page 2 of 6 2.1 City Manager’s Report on previous month’s public comments. City Manager Tim Hults gave his report. 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 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 PACKET PAGE: 6 AGENDA ITEM 3A.2 Action Minutes April 1, 2014 ____________________________________________________________________________________Page 3 of 6 3B CONSENT CALENDAR - SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY OF CITY OF SAN JACINTO Items Pulled from the Consent Calendar Mayor Ledezma requested that Items 3A.10 be pulled for discussion. Council Member Kotyuk requested that Items 3A.4, 3A.7 & 3A.10 be pulled also. M/S/C (Kotyuk/Ruiz) moved to approve the balance of the Consent Calendar. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None It was determined that Mayor Ledezma and Council Member Bartel could not vote on Item 3A.3 because of a conflict. M/S/C (Miller/Ruiz) moved to rescind the vote on Consent Item 3A.3 and that it be reconsidered. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None Mayor Ledezma and Council Member Bartel left the dais at 7:31 p.m. 3A.3 Ordinance 14-02 / Water Adjudication Surcharge Ordinance / Approve / Public Works Director, Interim Finance Director Public Speakers: · Jim Conner M/S/C (Kotyuk/Miller) moved to approve Item 3A.3 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 7:46 p.m. 3A.4 Resolution No. 3497 / approving a job description to establish a Senior Facilities Inspector. / Approve / Assistant City Manager PACKET PAGE: 7 AGENDA ITEM 3A.2 Action Minutes April 1, 2014 ____________________________________________________________________________________Page 4 of 6 Assistant City Manager Mike Emberton presented the staff report. Public Speakers: · Jim Pangrazzi M/S/C (Kotyuk/Crystal) moved to approve Item 3A.4 w ith the addition of irrigation, landscaping maintenance methods, design understanding and plant materials to the job description. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None 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 M/S/C (Bartel/Miller) moved to approve Mayor Ledezma, Council Member Kotyuk and Assistant City Manager Mike Emberton to attend the US Conference of Mayors in Dallas Texas on June 20-23, 2014. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None 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 M/S/C (Bartel/Ruiz) moved to approve Item 3A.10 with the addition of approval subject to legal review. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None 4. PUBLIC HEARING None PACKET PAGE: 8 AGENDA ITEM 3A.2 Action Minutes April 1, 2014 ____________________________________________________________________________________Page 5 of 6 5. STAFF REPORTS 5.1 Amendment to the Agreement for Completion of Public Improvements with Citivest, LLC (Tract 31037-3) / Approve / City Manager City Manager Tim Hults presented the Staff Report. M/S/C (Bartel/Miller) moved to approve Item 5.1 as presented. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None Mayor Alonso Ledezma called the Special Meeting of the San Jacinto Financing Authority to order at 8:28 p.m. Item 5.2 of the Regular Meeting of the San Jacinto City Council and the successor agency to the City of San Jacinto Redevelopment Agency and Item 5.1 of the Special Meeting of the San Jacinto Financing Authority were heard simultaneously. 5.2 Resolution No. 3498 / Waiver of Certain Statutory Penalties and Post- Judgment Interest and Acceptance of Reduced Amount in Satisfaction of Judgment / Approve / City Attorney, Finance Director Finance Director Tom Prill presented the Staff Report. Public Speakers: · John Pierce representing Tower Music City, LLC M/S/C (Kotyuk/Ruiz) moved to approve Item 5.2 with changes to the language in Resolution 3498 from five (5) parcels to seven (7) parcels. Motion carried 5/0. Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma Nays: None Absent: None Abstain: None There was no Closed Session this evening. 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 PACKET PAGE: 9 AGENDA ITEM 3A.2 Action Minutes April 1, 2014 ____________________________________________________________________________________Page 6 of 6 6.1.2 CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Tim Hults, City Manager & Roger Crawford, Deputy City Attorney Represented Parties: San Jacinto Management Association & Service Employees International Union, Local 721 6.1.3 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Case: Bilal-Varney, et al. v. City of San Jacinto; Case No. EDCV12- 02191 6.2 CLOSED SESSION - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO NONE 7. ADJOURNMENT With no further business before the City Council, Mayor Alonso Ledezma adjourned the Regular Meeting of the City Council at 8:43 p.m. City of San Jacinto ______________________ Alonso Ledezma, Mayor ATTEST: ___________________ Richard Miller, City Clerk Approved as read: ________ Approved as amended: ____ PACKET PAGE: 10 AGENDA ITEM 3A.2 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk SUBJECT: Adjournment of July 1, 2014, August 5, 2014 and September 2, 2014 Regular City Council Meetings RECOMMENDATION: Staff recommends that the City Council, by motion, adjourn the regular city council meetings scheduled for July 1, 2014, August 5, 2014 and September 2, 2014, to the next regular meetings, July 15, 2014, August 19, 2014 and September 16, 2014, respectively. DISCUSSION: Generally, city councils “go dark” for one or more meetings in the summer to allow for family vacations when children are out of school. Several of the committees and agencies the council members serve on are dark during this time. Therefore, it would be desirable to consider adjourning these meetings for that purpose. Also, if the need arises, the Mayor or a majority of the City Council could call for a special meeting. ALTERNATIVES: 1) Approve adjourning the July 1, 2014, August 5, 2014 and September 2, 2014 regular city council meetings to the following regular city council meetings, July 15, 2014, August 19, 2014 and September 16, 2014 respectively. 2) Select other dates 3) Take no action FISCAL IMPACT: None ATTACHMENTS: • Calendar July/August/September 2014 PACKET PAGE: 11 AGENDA ITEM 3A.3 PACKET PAGE: 13AGENDA ITEM 3A.3 PACKET PAGE: 14AGENDA ITEM 3A.3 PACKET PAGE: 15AGENDA ITEM 3A.3 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Thomas Prill, Finance Director SUBJECT: Warrants and Disbursements – March 2014 RECOMMENDATION: Staff recommends that the City Council review and approve Warrants and Disbursements for the period of March 1 through March 31, 2014 in the amount of $ 4,709,869.12. DISCUSSION: The City Council in its oversight role formally reviews disbursements of City funds made by Accounts Payable warrants, bi-weekly payrolls and electronic funds (wire) transfers. The following information is provided for such review and approval: Warrants/Wire Pay Date Amount Accounts Payable: # 108198-108477 Various $ 4,471,488.31 Payroll: Pay Period # 05 # 21816-21831 03/06/2014 $ 115,978.84 Includes Warrants, Direct Deposits, Taxes, Garnishments Payroll: Pay Period # 06 # 21832-21848 03/20/2014 $ 120,401.97 Includes Warrants, Direct Deposits, Taxes, Garnishments Electronic Funds Various $ 2,000.00 Total Disbursements – Period of March 1-31, 2014 $ 4,709,869.12 Prepared by: Judy Kelley, Account Clerk II Known Councilmember Conflicts: Check #’s 108237, 108307, 108331. FISCAL IMPACT: Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been appropriated in the adjusted FY 2013-14 budget. ATTACHMENTS: Accounts Payable Warrant Report – March 1-31, 2014 Electronic Funds Transfer Report – March 1-31, 2014 Note: Payroll information is on file in the Finance Department. 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DISCUSSION: Representatives from the Riverside Transit Authority have requested that the City of San Jacinto send a letter of support to the House and Senate in regards to extending the Alternative Fuels Excise Tax Credit and equalizing transit and parking benefits for commuters. The Alternative Fuels Excise Tax Credit provides a tax incentive for alternative fuel that is used to operate a motor vehicle. A tax credit in the amount of 50 cents per gallon, or per gallon equivalent, is provided for the compressed natural gas (CNG) that RTA uses for its complete heavy-duty fleet. RTA has received roughly one million dollars annually from this credit by committing to using clean burning CNG in its fleet. These revenues have helped RTA continue to provide safe, efficient and environmentally friendly transit service in western Riverside County throughout the recent economic downturn. The previous version of this credit expired on December 31, 2013. In 2013, Congress supported commuter tax benefits for public transportation riders equal to those of car drivers. However, on January 1, 2014, commuter benefits for transit riders reverted to $130 per month while the monthly limit for the parking portion increased to $250 per month. By making the public transportation commuter benefit equal to the parking benefit at $250 per month, you will help working families save money on transportation and encourage more people to choose public transit instead of driving to work. With gas prices rising, traffic congestion clogging our streets, and communities suffering from the cost of health and pollution related to driving, it makes sense that people who ride public transportation to work should get at least the same benefits as those who drive and park. PACKET PAGE: 59 AGENDA ITEM 3A.5 ALTERNATIVES: Authorize the execution of the letter to both the House and Senate. Take no action. FISCAL IMPACT: None anticipated. ATTACHMENTS: Letter of Support PACKET PAGE: 60 AGENDA ITEM 3A.5 April 15, 2014 Chairman David Camp House Ways and Means Committee 1106 Longworth House Office Building Washington, DC 20515 Subject: Letter in support of extending the Alternative Fuels Excise Tax Credit and equal transit and parking benefits for commuters Dear Chairman Camp: As Mayor of the City of San Jacinto and member of the Riverside Transit Agency (RTA) Board of Directors, I strongly urge you to support extending the Alternative Fuels Excise Tax Credit and equalizing transit and parking benefits for commuters. These tax extenders were included in a package that was approved by the Senate Finance Committee on April 3, 2014. I urge you to work with your colleagues to move this critical legislation forward. The Alternative Fuels Excise Tax Credit provides a tax incentive for alternative fuel that is used to operate a motor vehicle. A tax credit in the amount of 50 cents per gallon, or per gallon equivalent, is provided for the compressed natural gas (CNG) that RTA uses for its complete heavy-duty fleet. RTA has received roughly one million dollars annually from this credit by committing to using clean burning CNG in its fleet. These revenues have helped RTA continue to provide safe, efficient and environmentally friendly transit service in western Riverside County throughout the recent economic downturn. The previous version of this credit expired on December 31, 2013. In 2013, Congress supported commuter tax benefits for public transportation riders equal to those of car drivers. However, on January 1, 2014, commuter benefits for transit riders reverted to $130 per month while the monthly limit for the parking portion increased to $250 per month. By making the public transportation commuter benefit equal to the parking benefit at $250 per month, you will help working families save money on transportation and encourage more people to choose public transit instead of driving to work. With gas prices rising, traffic congestion clogging our streets, and communities suffering from the cost of health and pollution related to driving, it makes sense that people who ride public transportation to work should get at least the same benefits as those who drive and park. Thank you for your continued support of public transportation. If I can be of any help during this process, please feel free to contact me at (951) 229-9006. Sincerely, Alonso Ledezma Mayor PACKET PAGE: 61 AGENDA ITEM 3A.5 cc: Honorable Dianne Feinstein Honorable Barbara Boxer Honorable Ken Calvert Honorable Duncan Hunter Honorable Mark Takano Honorable Raul Ruiz PACKET PAGE: 62 AGENDA ITEM 3A.5 April 15, 2014 Chairman Ronald Wyden Senate Finance Committee 219 Dirksen Senate Office Building Washington, DC 20510 Subject: Letter in support of extending the Alternative Fuels Excise Tax Credit and equal transit and parking benefits for commuters Dear Chairman Wyden: As Mayor of the City of San Jacinto and member of the Riverside Transit Agency (RTA) Board of Directors, I strongly urge you to support extending the Alternative Fuels Excise Tax Credit and equalizing transit and parking benefits for commuters. These tax extenders were included in a package that was approved by the Senate Finance Committee on April 3, 2014. I urge you to work with your colleagues to move this critical legislation forward. The Alternative Fuels Excise Tax Credit provides a tax incentive for alternative fuel that is used to operate a motor vehicle. A tax credit in the amount of 50 cents per gallon, or per gallon equivalent, is provided for the compressed natural gas (CNG) that RTA uses for its complete heavy-duty fleet. RTA has received roughly one million dollars annually from this credit by committing to using clean burning CNG in its fleet. These revenues have helped RTA continue to provide safe, efficient and environmentally friendly transit service in western Riverside County throughout the recent economic downturn. The previous version of this credit expired on December 31, 2013. In 2013, Congress supported commuter tax benefits for public transportation riders equal to those of car drivers. However, on January 1, 2014, commuter benefits for transit riders reverted to $130 per month while the monthly limit for the parking portion increased to $250 per month. By making the public transportation commuter benefit equal to the parking benefit at $250 per month, you will help working families save money on transportation and encourage more people to choose public transit instead of driving to work. With gas prices rising, traffic congestion clogging our streets, and communities suffering from the cost of health and pollution related to driving, it makes sense that people who ride public transportation to work should get at least the same benefits as those who drive and park. Thank you for your continued support of public transportation. If I can be of any help during this process, please feel free to contact me at (951) 229-9006. Sincerely, Alonso Ledezma Mayor PACKET PAGE: 63 AGENDA ITEM 3A.5 cc: Honorable Dianne Feinstein Honorable Barbara Boxer Honorable Ken Calvert Honorable Duncan Hunter Honorable Mark Takano Honorable Raul Ruiz PACKET PAGE: 64 AGENDA ITEM 3A.5 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk SUBJECT: Letter in support of the Nomination of Randon Lane for 2nd Vice President of The League of California Cities RECOMMENDATION: By motion authorize the Mayor to sign a letter of support for the nomination of Randon Lane for 2nd Vice President of the League of California Cities. ALTERNATIVES: Authorize the execution of the letter to both the House and Senate. Take no action. FISCAL IMPACT: None anticipated. ATTACHMENTS: Letter of Support PACKET PAGE: 65 AGENDA ITEM 3A.6 April 15, 2014 Jose Cisneros President League of California Cities 1400 K Street, Ste. 40 Sacramento, CA 95814 Re: Nomination of Randon Lane; 2nd Vice President of League of California Cities To Whom It May Concern: The City of San Jacinto wishes to express support for the nomination of Randon Lane, council member from the City of Murrieta and current board member for the League of California Cities, to the position of 2nd Vice President of the League of California Cities. Mr. Lane has done a superb job representing local interests in his current position on the Division Board and as an at-large board member for the League's Board of Directors. Mr. Lane understands the many issues facing local governments and will work diligently with the League and its' partner organizations in this leadership role to ensure that the needs of cities are well-understood and communicated effectively at the state level. The City of San Jacinto is confident that Mr. Lane will continue to represent the needs of cities across the State of California in the role of 2nd Vice President for the League of California Cities. Respectfully submitted, Alonso Ledesma Mayor City of San Jacinto PACKET PAGE: 67 AGENDA ITEM 3A.6 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Barry Mulcock, Streets Supervisor Lynn Merrill, Interim Public Works Director SUBJECT: FY14 State Homeland Security Grant Program (SHSGP) Application - Community Emergency Response Team (CERT) Funding RECOMMENDATION: Staff recommends City Council, by motion, approve SHSGP grant funding for the Community Emergency Response Team (CERT) project. SUMMARY: Beginning in December 2010, the City of San Jacinto has sponsored public outreach Community Emergency Response Team (CERT) training programs, utilizing State Homeland Security Grant (SHSGP) Funding sources. To date, the City has sponsored seven CERT classes utilizing SHSGP grant funding, and have trained over 100 individuals on emergency preparedness. These limited grant funding opportunities have allowed the City to purchase various training equipment and supplies to continue offering CERT training to the general public without any direct cost to the City. In the event of a significant emergency or disaster, the general public will need to depend upon each other during and after the initial 72 hours of an event. The CERT program trains and prepares individuals to perform semi-skilled tasks assisting public safety personnel during recovery, utilizing the techniques, equipment, tools, and supplies of the CERT program. The FY14 SHSGP CERT funds of approximately $8,145 will allow for the purchase of equipment and supplies to continue to enhance emergency preparedness training to residents and the general public. The equipment and materials purchased will be utilized to respond to emergency events and to host future CERT or emergency training venues. Stipulations of the SHSGP grant are the equipment, supplies, and materials purchased with SHSGP funds must be made available to other public agencies for mutual aid, and that the City must perform one (1) CERT class within one year of grant award. PACKET PAGE: 69 AGENDA ITEM 3A.7 Proposed items to be purchased with the funds are: (1) CERT trailer, an AED, and fire suppression supplies. The majority of all emergency training supplies and materials will be stored in the City’s CERT/Emergency Response trailers for immediate use. FISCAL IMPACT: If awarded, the grant funds of approximately $8,145 will recorded as revenue (#010- 0000-309.07-70) and expenditure (#010-3900-439.40-45) in the General Fund. The actual total grant amount is dependent upon final redistributed pooled funding with other Riverside County agencies based on agency population and participation. ALTERNATIVES: 1) Approve staff recommendation 2) Deny recommendation and provide staff direction ATTACHMENT: FY14 Proposed State Homeland Security Grant Program (SHSGP) CERT Project. PACKET PAGE: 70 AGENDA ITEM 3A.7 Proposed State Homeland Security Program (SHSP) CERT project In preparation of the FY14 SHSP release we are beginning our CERT project participant query. Attached is a population break down of the county and an estimated award amount per agency if all agencies participate in the FY14 SHSP CERT project. These figures are based on the California State Department of Finance population totals from 01/01/13 using a project total of $350,000. If agencies choose not to participate, those funds will be redistributed to the remaining participants on a per capita basis. In order to be included in this project, you must meet the following criteria: 1. You must register your CERT Program with FEMA at www.citizencorp.gov/councils/registry.shtm 2. CERT instructors must be certified by FEMA Emergency Management Institute (FEMA EMI) or the State and be able to submit their T3 certification at the time of reimbursement request. 3. CERT training program uses FEMA EMI / State CERT course curriculum as its minimum 20 hour Approved Course of Instruction (ACI). 4. Your CERT classes must be open to the public. 5. CERT classes must be held at an access and functional needs (AFN) compliant facility. 6. You must be able to accommodate access and functional needs such as interpreters if requested. 7. Your CERT resources, purchased using Homeland Security Grant funding, must be made available for sharing or mutual aid as needed. 8. Your agency must conduct one CERT class within 12 months of receiving the funding. If you do not conduct a class, you will not be eligible for future funding through this group. 9. All equipment must be purchased, paid for and received within 12 months of the award date 10. You must be able to purchase and pay for items/services from your own funds and then be reimbursed. 11. You must follow all Homeland Security Grant requirements. If you meet the requirements listed above, and wish to participate, you must reply via e-mail to laronte.groom@fire.ca.gov or kim.dana@fire.ca.gov by Thursday March 20, 2014. A late or no reply will be considered a “No” to participation in this project. Once all the agencies have verified their participation, a follow up e-mail will be sent with the exact breakdown per agency and additional information on budget requirements. PACKET PAGE: 71 AGENDA ITEM 3A.7 E-1: City/County Population Estimates with Annual Percent Change January 1, 2013 FY14CERT County/City Population $350,000 1/1/2013 % Per Capita Participate? Who? Riverside 2,255,059 $350,000 147 3 Beaumont 38,851 1.723% $7,221 Yes R. Cook Cathedral City 51,952 2.304% $9,254 Yes John Muir Corona 154,520 6.852% $25,174 Yes Lynn Mata Desert Hot Springs 27,638 1.226% $5,481 Yes Pat Tomlinson Hemet 80,089 3.552% $13,621 Yes Becky Joiner Eastvale 55,602 2.466% $9,821 Yes Jackie Williams Indian Wells 5,035 0.223% $1,972 Yes Ken Seumalo Indio 78,065 3.462% $13,307 Yes Michelle Caldwell Jurupa 96,456 4.277% $16,162 Yes Terri Rawling Lake Elsinore 53,024 2.351% $9,421 Yes Mary Zilliox Menifee 80,589 3.574% $13,699 Yes Joe Gonzales Moreno Valley 196,495 8.714% $31,688 Yes Cindy Owens Murrieta 104,985 4.656% $17,485 Yes Diana Monore Norco 27,053 1.200% $5,390 Yes Geoff Pemberton Palm Desert 49,471 2.194% $8,869 Yes Steve Arian Palm Springs 45,279 2.008% $8,219 Yes Anjila Lebsock Perris 70,180 3.112% $12,083 Yes Rene Avila Rancho Mirage 17,504 0.776% $3,908 Yes Britt Wilson PACKET PAGE: 72 AGENDA ITEM 3A.7 Riverside 308,511 13.681% $49,074 Yes Tony Coletta San Jacinto 44,803 1.987% $8,145 Yes Barry Mulcock Temecula 103,092 4.572% $17,192 Yes Hans Bolowich Wildomar 32,719 1.451% $6,269 Yes Janet Morales Balance Of County 356,633 15.815% $56,546 Yes Peter Lent PACKET PAGE: 73 AGENDA ITEM 3A.7 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Mary Lanier, Planning Consultant SUBJECT: First Reading of Ordinance No. 14-03, approving and adopting Development Code Amendment No. 1-14; Group Home Ordinance RECOMMENDATION: Introduce by title only and waive full reading for consideration of Ordinance No. 14-03, first reading, approving and adopting Development Code Amendment No. 1-14. BACKGROUND: The City of San Jacinto in 2008 and in 2012 updated its Development Code to address changes in laws, requirements, and definitions for community care and similar facilities. The regulation of group homes in California is a highly complex and updates are needed periodically. The attached Draft Ordinance includes amendments to the City’s Development Code to add new definitions and further clarify permitted uses. The Planning Commission, during the March 27, 2014 meeting, adopted Resolution No. 14-04 recommending that the City Council approve an Ordinance (Development Code Amendment 1-14) amending the San Jacinto Development Code regarding congregate living facility and group homes for persons with disabilities (4-0-1). DISCUSSION: The intent of the Ordinance is to add language to the Development Code to better define congregate living facilities and group homes for persons with disabilities. The additions and changes support General Plan Land Use Goal 2, to: “Manage and direct growth so that the community and its neighborhoods are protected and enhanced.” The Ordinance accomplishes the following: · Adds a new definition contained within Section 17.800.080 of the San Jacinto Development Code (Definitions, “G”) is hereby added to read as follows: PACKET PAGE: 75 AGENDA ITEM 4.1 “Group Home for Persons with Disabilities means any residence or dwelling, other than a hotel or motel, whose primary purpose is serving one or more persons with disabilities.” · Amends the definition of “Congregate Living Facility” contained within Section 17.800.040 of the San Jacinto Development Code (Definitions, “C”) to read as follows: “Congregate Living Facility (Land Use). A residence or dwelling, other than a hotel or motel, wherein two or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence, in order to preserve the residential character of the neighborhood. Does not include a congregate care facility (see “Community Care Facility”) that is properly licensed by the State of California, and does not include an organizational house (see “Organizational House”), and does not include a group home for persons with disabilities (see “Group Home for Persons with Disabilities”).” · Add a new Section 17.215.050 to the San Jacinto Development Code: “Section 17.215.050 -- Group Home for Persons with Disabilities. Notwithstanding any provision contained in this Development Code to the contrary, group homes for persons with disabilities shall be deemed a permitted use in all residential zone districts within the City.” · Amend Table 2-2, Allowed Uses and Permit Requirements for Residential Zones adding the following row: Land Use Category RE RR RL RM RMH RH RVH RE Group Homes for Persons with Disabilities P P P P P P P P ENVIRONMENTAL ANALYSIS: This proposal could not result in a direct or reasonably foreseeable indirect physical change in the environment and the project is not subject to CEQA in accordance with Section 15060(c)(2) of the California Environmental Quality Act. EXHIBITS: City Council Ordinance No. 14-03 Planning Commission Resolution 14-04 Planning Commission Staff Report PACKET PAGE: 76 AGENDA ITEM 4.1 Page 1 of 4 24438.10076\8618647.1 STATE OF CALIFORNIA ) ORDINANCE NO. 14-03 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING THE SAN JACINTO DEVELOPMENT CODE, REGARDING CONGREGATE LIVING FACILITIES AND GROUP HOMES FOR PERSONS WITH DISABILITIES WHEREAS, the City of San Jacinto has filed an application for an Ordinance Amendment, as described in the title of this Ordinance. Hereinafter, the subject Ordinance Amendment request shall be referred to as “the Application”; and WHEREAS, on the 27th day of March, 2014, the Planning Commission of the City of San Jacinto conducted a duly noticed public hearing on the Application and concluded said hearing on that date, and recommended to the City Council that the associated Ordinance Amendment; and WHEREAS, on the 15th day of April, 2014, the City Council of the City of San Jacinto conducted a duly noticed public hearing on the Application and concluded said hearing on that date, and introduced Ordinance Amendment; and WHEREAS, based upon the facts and information contained in the written and oral reports for the application, the City Council finds that the proposed Ordinance could not result in a direct or reasonably foreseeable indirect physical change in the environment and that the project is not subject to CEQA in accordance with Section 15060(c)(2) of the California Environmental Quality Act; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new definition contained within Section 17.800.080 of the San Jacinto Development Code (Definitions, “G”) is hereby added to read as follows: “Group Home for Persons with Disabilities means any residence or dwelling, other than a hotel or motel, whose primary purpose is serving one or more persons with disabilities.” PACKET PAGE: 77 AGENDA ITEM 4.1 Page 2 of 4 24438.10076\8618647.1 Section 2. The definition of “Congregate Living Facility” contained within Section 17.800.040 of the San Jacinto Development Code (Definitions, “C”) is hereby is amended to read as follows: “Congregate Living Facility (Land Use). A residence or dwelling, other than a hotel or motel, wherein two or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence, in order to preserve the residential character of the neighborhood. Does not include a congregate care facility (see “Community Care Facility”) that is properly licensed by the State of California, and does not include an organizational house (see “Organizational House”), and does not include a group home for persons with disabilities (see “Group Home for Persons with Disabilities”).” Section 3. Renumbering. The subsequent definitions contained in Title 17, Article 8 (Definitions) are and shall be renumbered accordingly. Section 4. A new Section 17.215.050 is hereby added to the San Jacinto Development Code: “Section 17.215.050 -- Group Home for Persons with Disabilities. Notwithstanding any provision contained in this Development Code to the contrary, group homes for persons with disabilities shall be deemed a permitted use in all residential zone districts within the City.” Section 5. Table 2-2, Allowed Uses and Permit Requirements for Residential Zones is amended by adding the following row: Land Use Category RE RR RL RM RMH RH RVH Group Homes for Persons with Disabilities P P P P P P P Section 6. Severability. Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. PACKET PAGE: 78 AGENDA ITEM 4.1 Page 3 of 4 24438.10076\8618647.1 Section 7. Effective Date. This ordinance shall take effect and be in full force on the 30th day from and after its second reading. Introduced at a regular meeting of said City Council on the 15th day of April, 2014, by the following vote: MOVED, PASSED, 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 ___________________________ By Alonso Ledezma, Mayor ATTEST: __________________________ Rick Miller, City Clerk PACKET PAGE: 79 AGENDA ITEM 4.1 Page 4 of 4 24438.10076\8618647.1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) I, Rick Miller, hereby certify that the attached is a true copy of Ordinance No. ______ introduced by the City Council of the City of San Jacinto, California, at a regular meeting held ___________________ ____, 2014. Ordinance No. ______ 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. ___________________________ Rick Miller, City Clerk PACKET PAGE: 80 AGENDA ITEM 4.1 March 27, 2014 TO: Chariman and Members of the Planning Commission FROM: Mary Lanier, Planning Consultant SUBJECT: Development Code Amendment 1-14; Group Home Ordinance Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the Planning Commission: Adopt Resolution No. 14-04 recommending that the City Council approve an Ordinance (Development Code Amendment 1-14) amending the San Jacinto Development Code regarding congregate living facility and group homes for persons with disabilities. BACKGROUND The City of San Jacinto in 2008 and in 2012 updated its Development Code to address changes in laws, requirements, and definitions for community care and similar facilities. The regulation of group homes in California is a highly complex and updates are needed periodically. The attached Draft Ordinance includes amendments to the City’s Development Code to add new definitions and further clarify permitted uses. The intent of the Ordinance is to add language to the Development Code to better define congregate living facilities and group homes for persons with disabilities. The additions and changes support General Plan Land Use Goal 2, to: “Manage and direct growth so that the community and its neighborhoods are protected and enhanced.” The Ordinance accomplishes the following: · Adds a new definition contained within Section 17.800.080 of the San Jacinto Development Code (Definitions, “G”) is hereby added to read as follows: PACKET PAGE: 81 AGENDA ITEM 4.1 “Group Home for Persons with Disabilities means any residence or dwelling, other than a hotel or motel, whose primary purpose is serving one or more persons with disabilities.” · Amends the definition of “Congregate Living Facility” contained within Section 17.800.040 of the San Jacinto Development Code (Definitions, “C”) to read as follows: “Congregate Living Facility (Land Use). A residence or dwelling, other than a hotel or motel, wherein two or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence, in order to preserve the residential character of the neighborhood. Does not include a congregate care facility (see “Community Care Facility”) that is properly licensed by the State of California, and does not include an organizational house (see “Organizational House”), and does not include a group home for persons with disabilities (see “Group Home for Persons with Disabilities”).” · Add a new Section 17.215.050 to the San Jacinto Development Code: “Section 17.215.050 -- Group Home for Persons with Disabilities. Notwithstanding any provision contained in this Development Code to the contrary, group homes for persons with disabilities shall be deemed a permitted use in all residential zone districts within the City.” · Amend Table 2-2, Allowed Uses and Permit Requirements for Residential Zones adding the following row: Land Use Category RE RR RL RM RMH RH RVH RE Group Homes for Persons with Disabilities P P P P P P P P PACKET PAGE: 82 AGENDA ITEM 4.1 ENVIRONMENTAL ANALYSIS This proposal could not result in a direct or reasonably foreseeable indirect physical change in the environment and the project is not subject to CEQA in accordance with Section 15060(c)(2) of the California Environmental Quality Act. EXHIBITS: Planning Commission Resolution 14-04 Ordinance No. ____ PACKET PAGE: 83 AGENDA ITEM 4.1 RESOLUTION NO. 14-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING THE SAN JACINTO DEVELOPMENT (DEVELOPMENT CODE AMENDMENT NO. 1-14), REGARDING CONGREGATE LIVING FACILITES AND GROUP HOMES FOR PERONS WITH DISABILITIES. WHEREAS, the Ordinance amending the Development Code is consistent with the General Plan and will not conflict with development, within all zoning districts, in a manner inconsistent with the General Plan. The proposed Ordinance has been drafted in a manner that promotes compatibility between uses; and WHEREAS, the Amendment promotes the goals and policies of the General Plan. Specifically, the Ordinance Amendment would be consistent with and promote the following: Land Use Goal 2: Manage and direct growth so that the community and its neighborhoods are protected and enhanced. WHEREAS, based upon the substantial evidence presented to the Planning Commission during the public hearing and upon the specific findings set forth in the paragraphs above, the Planning Commission hereby concludes as follows: a. That the proposed Amendment will provide for appropriate land uses of residential property; and b. That the proposed Amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed Amendment is consistent with the objectives of the Zoning Ordinance; and d. That the proposed Amendment is in conformance with the General Plan; and e. That the proposed Amendment promotes the public health, safety and welfare of the community. WHEREAS, the Ordinance amending the Development Code was reviewed, studied, and found to comply with the California Environmental Quality Act (“CEQA”) as more fully described below; and PACKET PAGE: 85 AGENDA ITEM 4.1 WHEREAS, on March 27, 2014, the Planning Commission (“Commission”) of the City of San Jacinto conducted a duly noticed public hearing on the Development Code Amendment 1-14 at which time all persons wishing to testify in connection with the Application were heard and comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission recommends the City Council of the City of San Jacinto approve the aforementioned Development Code Amendment as described in the attached Ordinance No. ____. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Development Code Amendment is consistent with the General Plan of the City of San Jacinto. SECTION 3. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Development Code Amendment is reasonably related to the public health, safety and welfare of the community. SECTION 4. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Development Code Amendment complies with the CEQA for the following reasons: The proposed Ordinance amending the Development Code could not result in a direct or reasonably foreseeable indirect physical change in the environment and that the project is not subject to CEQA in accordance with Section 15060(c)(2) of the California Environmental Quality Act. PASSED, APPROVED AND ADOPTED, this 27th day of March, 2014. _______________________________ Jerry Mossbarger, Chairperson ATTEST: __________________________________ Jan Catron, Planning Commission Secretary PACKET PAGE: 86 AGENDA ITEM 4.1 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Mary Lanier, Planning Consultant SUBJECT: First Reading of Ordinance No. 14-04, approving and adopting Development Code Amendment No. 2-14; Reasonable Accommodation Ordinance RECOMMENDATION: Introduce by title only and waive full reading for consideration of Ordinance No. 14-04, first reading, approving and adopting Development Code Amendment No. 2-14. BACKGROUND: The City of San Jacinto staff and attorneys periodically review the Development Code for compliance with state and Federal laws. Most recently a review for reasonable accommodation for individuals with disabilities and equal access to housing and the development of housing for individuals with disabilities was completed to ensure compliance with the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 54 of the Rehabilitation Act, and the American Disabilities Act and staff determined that comprehensive amendment to the Development Code Chapter 17.625 was needed. The Planning Commission, during the March 27, 2014 meeting, adopted Resolution No. 14-05 recommending that the City Council approve an Ordinance (Development Code Amendment 1-14) amending the San Jacinto Development Code regarding congregate living facility and group homes for persons with disabilities (4-0-1). DISCUSSION: The amendment is essentially a re-write of the section to better reflect current requirements to address reasonable accommodation for persons with disabilities The amendment continues to support General Plan Land Use Goal 2, to: “Manage and direct growth so that the community and its neighborhoods are protected and enhanced.” PACKET PAGE: 87 AGENDA ITEM 4.2 The entire Chapter 17.625 has been amended, as follows: Chapter 17.625 — Reasonable Accommodation “17.625.010 — Purpose It is the policy of the City of San Jacinto to provide individuals with disabilities reasonable accommodation in its rules, policies, practices, and procedures to ensure the equal access to housing and facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (referred to in this Chapter as the “Acts”). This Chapter provides a procedure for making requests for reasonable accommodations in land use, zoning and building regulations, policies, practices, and procedures of the jurisdiction to comply fully with the intent and purpose of the fair housing laws. Nothing in this Chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing, or land use laws or practices to seek reasonable accommodation under this Chapter. 17.625.020 — Applicability A. Eligible applicants. 1. A request for reasonable accommodation may be made by any person with a disability, his or her representative (e.g. family member, care provider, etc.), or a provider of housing for persons with disabilities in the City’s land use and zoning regulations, policies, or practices when the application of such may act as a barrier to affording such person(s) equal opportunity to use and enjoy a dwelling. 2. A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment or anyone who has a record of this type of impairment. While a person recovering from substance abuse is considered a person with a disability, a person who is currently engaging in the current illegal use of controlled substances is not. 3. This Chapter is intended to apply to those persons who are defined as disabled or handicapped under the Acts. B. Eligible requests. 1. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to a dwelling of his or her choice. PACKET PAGE: 88 AGENDA ITEM 4.2 2. A request for a reasonable accommodation shall comply with Section 17.625.030. 3. The City will provide the assistance necessary to an applicant in making a request for reasonable accommodation. A request by an applicant for reasonable accommodation may be made orally or in writing. It is usually helpful for all parties if the request is made in writing as it will help avoid misunderstandings and keep an accurate record of the request. The City shall assist the applicant with furnishing all information maintained by the City as a public record, such as City ordinances, policies, rules, and regulations necessary for processing the reasonable accommodation request. 4. Notice of the availability of the reasonable accommodation shall be prominently displayed at all public information counters in the City’s Community Development Department, and the City Clerk’s office. Forms for requesting reasonable accommodations shall be available to the public in the Community Development Department or upon request. 5. Should the information provided by the applicant include medical information or records of the applicant, including records indicating medical condition, diagnosis or medical history of the applicant, the City, to the extent allowed by law, shall treat such information as confidential information of the City. The City shall provide written notice to the Applicant, and any person designated by the Applicant to represent the Applicant in the application proceeding, of any request received by the City for disclosure of the medical information or documentation which the Applicant has provided to the City. The City will cooperate with the Applicant, to the extent allowed by law, in actions initiated by the Applicant to oppose the disclosure of such medical information or documentation. 17.625.030 — Application Requirements A. Application. The Community Development Department shall provide applicants for a reasonable accommodation with an application form eliciting the following information: 1. The applicant's name, address and telephone number; 2. Name, address, and telephone number of property owner and the current address for which the request is being made; 3. The current actual use of the property; 4. The basis for the claim that the applicant is considered disabled under the Acts or provides housing for persons considered disabled under the Acts. (For example, an individual applicant may submit a letter by the individual himself or herself containing information showing that he or she is under PACKET PAGE: 89 AGENDA ITEM 4.2 65 years of age and receives Supplemental Security Income or Social Security Disability Insurance benefits, or from a doctor or other medical professional, a peer support group, a non-medical service agency, or reliable third party who is in a position to know about the individual’s disability. Only that information necessary to evaluate the reasonable accommodation shall be requested. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. All such information shall be retained in a manner so as to respect privacy rights of the applicant and shall not be made available for public inspection); 5. The Development Code provision, regulation or policy from which reasonable accommodation is being requested; 6. Explanation why the reasonable accommodation is necessary to make specific property available for the individual. The Department shall assist the applicant in completing the form, as necessary, or, shall elicit oral information from the applicant necessary for the Department to complete the form itself. In the event the Department completes the form by eliciting oral information from the applicant, the Department shall read the completed form to the applicant to ensure its accuracy and shall provide a copy of the completed form to the applicant. A reasonable accommodation shall not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. 17.625.040 — Review Authority A request for a reasonable accommodation shall be reviewed, and a determination shall be made, by the Director. 17.625.050 — Review Procedures A. Director’s review. The Director shall make a written determination within 30 days following the submittal of a complete application and either approve, approve with modifications, or disapprove a request for a reasonable accommodation in compliance with Section 17.625.060 (Findings and Decision), below. B. Findings and Decision. The written determination to approve or disapprove the request for reasonable accommodation shall be made in compliance with Section 17.625.060 (Findings and Decision), below. C. Stays. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for a reasonable accommodation is PACKET PAGE: 90 AGENDA ITEM 4.2 made, the 30-day period to issue a decision is stayed until the applicant responds to the request. 17.625.060 — Findings and Decision A. Findings. The written decision to approve or disapprove a request for reasonable accommodation that will be consistent with the Acts and shall be based on consideration of all of the following factors: 1. Whether the housing, which is the subject of the request, will be used by one or more individuals with a disability as defined under the Acts; 2. Whether the request for a reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts; 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City. The determination of undue financial and administrative burden will be done on a case-by-case basis involving various factors.; 4. Whether the requested reasonable accommodation would fundamentally alter the nature of a City program or law, including but not limited to land use and zoning; 5. Should the City determine that the applicant’s initial request would impose an undue financial or administrative burden on the City, or fundamentally alter a City program or law, it may propose an alternative accommodation that would provide an equivalent benefit. In the event the City makes a determination not to accommodate an applicant’s initial request, this determination shall be documented. B. Written decision. The written decision on the request for a reasonable accommodation shall include the reviewing authority’s findings and any other relevant information upon which the decision is based. All written decisions shall give notice of the applicant’s right of appeal and to request reasonable accommodation in the appeals process in compliance with Chapter 17.715 (Appeals), provided however, that the appeal period shall be extended to thirty (30) days, rather than fifteen (15) days. The notice of decision shall be sent to the applicant by certified mail. C. Appeal. The written decision of the reviewing authority shall be final unless appealed in compliance with Chapter 17.715 (Appeals). 17.625.070 — Rescission of Approval of Reasonable Accommodation Rescission. A grant or grant with modifications made in compliance with this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.).” ENVIRONMENTAL ANALYSIS: This proposal could not result in a direct or reasonably foreseeable indirect physical change in the environment and the project is not subject to CEQA in accordance with PACKET PAGE: 91 AGENDA ITEM 4.2 Section 15060(c)(2) of the California Environmental Quality Act. EXHIBITS: City Council Ordinance No. 14-04 Planning Commission Resolution 14-05 Planning Commission Staff Report PACKET PAGE: 92 AGENDA ITEM 4.2 Page 1 of 8 STATE OF CALIFORNIA ) ORDINANCE NO. 14-04 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO AMENDING THE SAN JACINTO DEVELOPMENT CODE (DEVELOPMENT CODE AMENDMENT NO. 2-14), REGARDING REASONABLE ACCOMMODATION WHEREAS, the City of San Jacinto has filed an application for an Ordinance Amendment, as described in the title of this Ordinance. Hereinafter, the subject Ordinance Amendment request shall be referred to as “the Application”; and WHEREAS, on the 27th day of March, 2014, the Planning Commission of the City of San Jacinto conducted a duly noticed public hearing on the Application and concluded said hearing on that date, and recommended to the City Council that the associated Ordinance Amendment; and WHEREAS, on the 15th day of April, 2014, the City Council of the City of San Jacinto conducted a duly noticed public hearing on the Application and concluded said hearing on that date, and introduced Ordinance Amendment; and WHEREAS, based upon the facts and information contained in the written and oral reports for the application, the City Council finds that the proposed Ordinance could not result in a direct or reasonably foreseeable indirect physical change in the environment and that the project is not subject to CEQA in accordance with Section 15060(c)(2) of the California Environmental Quality Act; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 17.625 — Reasonable Accommodation of the San Jacinto Development Code is hereby amended to read as follows: “17.625.010 — Purpose It is the policy of the City of San Jacinto to provide individuals with disabilities reasonable accommodation in its rules, policies, practices, and procedures to ensure the equal access to housing and facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 504 of the PACKET PAGE: 93 AGENDA ITEM 4.2 Page 2 of 8 Rehabilitation Act, and the Americans with Disabilities Act (referred to in this Chapter as the “Acts”). This Chapter provides a procedure for making requests for reasonable accommodations in land use, zoning and building regulations, policies, practices, and procedures of the jurisdiction to comply fully with the intent and purpose of the fair housing laws. Nothing in this Chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing, or land use laws or practices to seek reasonable accommodation under this Chapter. 17.625.020 — Applicability A. Eligible applicants. 1. A request for reasonable accommodation may be made by any person with a disability, his or her representative (e.g. family member, care provider, etc.), or a provider of housing for persons with disabilities in the City’s land use and zoning regulations, policies, or practices when the application of such may act as a barrier to affording such person(s) equal opportunity to use and enjoy a dwelling. 2. A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment or anyone who has a record of this type of impairment. While a person recovering from substance abuse is considered a person with a disability, a person who is currently engaging in the current illegal use of controlled substances is not. 3. This Chapter is intended to apply to those persons who are defined as disabled or handicapped under the Acts. B. Eligible requests. 1. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to a dwelling of his or her choice. 2. A request for a reasonable accommodation shall comply with Section 17.625.030. PACKET PAGE: 94 AGENDA ITEM 4.2 Page 3 of 8 3. The City will provide the assistance necessary to an applicant in making a request for reasonable accommodation. A request by an applicant for reasonable accommodation may be made orally or in writing. It is usually helpful for all parties if the request is made in writing as it will help avoid misunderstandings and keep an accurate record of the request. The City shall assist the applicant with furnishing all information maintained by the City as a public record, such as City ordinances, policies, rules, and regulations necessary for processing the reasonable accommodation request. 4. Notice of the availability of the reasonable accommodation shall be prominently displayed at all public information counters in the City’s Community Development Department, and the City Clerk’s office. Forms for requesting reasonable accommodations shall be available to the public in the Community Development Department or upon request. 5. Should the information provided by the applicant include medical information or records of the applicant, including records indicating medical condition, diagnosis or medical history of the applicant, the City, to the extent allowed by law, shall treat such information as confidential information of the City. The City shall provide written notice to the Applicant, and any person designated by the Applicant to represent the Applicant in the application proceeding, of any request received by the City for disclosure of the medical information or documentation which the Applicant has provided to the City. The City will cooperate with the Applicant, to the extent allowed by law, in actions initiated by the Applicant to oppose the disclosure of such medical information or documentation. 17.625.030 — Application Requirements A. Application. The Community Development Department shall provide applicants for a reasonable accommodation with an application form eliciting the following information: 1. The applicant's name, address and telephone number; 2. Name, address, and telephone number of property owner and the current address for which the request is being made; 3. The current actual use of the property; PACKET PAGE: 95 AGENDA ITEM 4.2 Page 4 of 8 4. The basis for the claim that the applicant is considered disabled under the Acts or provides housing for persons considered disabled under the Acts. (For example, an individual applicant may submit a letter by the individual himself or herself containing information showing that he or she is under 65 years of age and receives Supplemental Security Income or Social Security Disability Insurance benefits, or from a doctor or other medical professional, a peer support group, a non-medical service agency, or reliable third party who is in a position to know about the individual’s disability. Only that information necessary to evaluate the reasonable accommodation shall be requested. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. All such information shall be retained in a manner so as to respect privacy rights of the applicant and shall not be made available for public inspection); 5. The Development Code provision, regulation or policy from which reasonable accommodation is being requested; 6. Explanation why the reasonable accommodation is necessary to make specific property available for the individual. The Department shall assist the applicant in completing the form, as necessary, or, shall elicit oral information from the applicant necessary for the Department to complete the form itself. In the event the Department completes the form by eliciting oral information from the applicant, the Department shall read the completed form to the applicant to ensure its accuracy and shall provide a copy of the completed form to the applicant. A reasonable accommodation shall not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. 17.625.040 — Review Authority A request for a reasonable accommodation shall be reviewed, and a determination shall be made, by the Director. PACKET PAGE: 96 AGENDA ITEM 4.2 Page 5 of 8 17.625.050 — Review Procedures A. Director’s review. The Director shall make a written determination within 30 days following the submittal of a complete application and either approve, approve with modifications, or disapprove a request for a reasonable accommodation in compliance with Section 17.625.060 (Findings and Decision), below. B. Findings and Decision. The written determination to approve or disapprove the request for reasonable accommodation shall be made in compliance with Section 17.625.060 (Findings and Decision), below. C. Stays. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for a reasonable accommodation is made, the 30-day period to issue a decision is stayed until the applicant responds to the request. 17.625.060 — Findings and Decision A. Findings. The written decision to approve or disapprove a request for reasonable accommodation that will be consistent with the Acts and shall be based on consideration of all of the following factors: 1. Whether the housing, which is the subject of the request, will be used by one or more individuals with a disability as defined under the Acts; 2. Whether the request for a reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts; 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City. The determination of undue financial and administrative burden will be done on a case-by-case basis involving various factors.; 4. Whether the requested reasonable accommodation would fundamentally alter the nature of a City program or law, including but not limited to land use and zoning; 5. Should the City determine that the applicant’s initial request would impose an undue financial or administrative burden on the City, or fundamentally alter a City program or law, it may propose an alternative accommodation that would provide an equivalent benefit. In the event the City makes a PACKET PAGE: 97 AGENDA ITEM 4.2 Page 6 of 8 determination not to accommodate an applicant’s initial request, this determination shall be documented. B. Written decision. The written decision on the request for a reasonable accommodation shall include the reviewing authority’s findings and any other relevant information upon which the decision is based. All written decisions shall give notice of the applicant’s right of appeal and to request reasonable accommodation in the appeals process in compliance with Chapter 17.715 (Appeals), provided however, that the appeal period shall be extended to thirty (30) days, rather than fifteen (15) days. The notice of decision shall be sent to the applicant by certified mail. C. Appeal. The written decision of the reviewing authority shall be final unless appealed in compliance with Chapter 17.715 (Appeals). 17.625.070 — Rescission of Approval of Reasonable Accommodation Rescission. A grant or grant with modifications made in compliance with this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.).” Section 2. Severability. Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. Section 3. Effective Date. This ordinance shall take effect and be in full force on the 30th day from and after its second reading. Introduced at a regular meeting of said City Council on the ______ day of ______________, 2014, by the following vote: MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 15th day of April, 2014 by the following vote: Ayes: Nays: Absent: Abstain: PACKET PAGE: 98 AGENDA ITEM 4.2 Page 7 of 8 City of San Jacinto ___________________________ By Alonso Ledezma, Mayor ATTEST: __________________________ Rick Miller, City Clerk PACKET PAGE: 99 AGENDA ITEM 4.2 Page 8 of 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) I, Rick Miller, hereby certify that the attached is a true copy of Ordinance No. ______ introduced by the City Council of the City of San Jacinto, California, at a regular meeting held ___________________ ____, 2014. Ordinance No. ______ 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. ___________________________ Rick Miller, City Clerk PACKET PAGE: 100 AGENDA ITEM 4.2 March 27, 2014 TO: Chariman and Members of the Planning Commission FROM: Mary Lanier, Planning Consultant SUBJECT: Development Code Amendment 2-14; Reasonable Accommodation Applicant: City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 RECOMMENDATION: Staff recommends that the Planning Commission: Adopt Resolution No. 14-05 recommending that the City Council approve an Ordinance amending the San Jacinto Development Code (Development Code Amendment 2-14) regarding reasonable accommodation. BACKGROUND The City of San Jacinto staff and attorneys periodically review the Development Code for compliance with state and Federal laws. Most recently a review for reasonable accommodation for individuals with disabilities and equal access to housing and the development of housing for individuals with disabilities was completed to ensure compliance with the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 54 of the Rehabilitation Act, and the American Disabilities Act and staff determined that comprehensive amendment to the Development Code Chapter 17.625 was needed. The amendment is essentially a re-write of the section to better reflect current requirements to address reasonable accommodation for persons with disabilities. The amendment continues to support General Plan Land Use Goal 2, to: “Manage and direct growth so that the community and its neighborhoods are protected and enhanced.” PACKET PAGE: 101 AGENDA ITEM 4.2 The entire Chapter 17.625 has been amended, as follows: Chapter 17.625 — Reasonable Accommodation “17.625.010 — Purpose It is the policy of the City of San Jacinto to provide individuals with disabilities reasonable accommodation in its rules, policies, practices, and procedures to ensure the equal access to housing and facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (referred to in this Chapter as the “Acts”). This Chapter provides a procedure for making requests for reasonable accommodations in land use, zoning and building regulations, policies, practices, and procedures of the jurisdiction to comply fully with the intent and purpose of the fair housing laws. Nothing in this Chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing, or land use laws or practices to seek reasonable accommodation under this Chapter. 17.625.020 — Applicability A. Eligible applicants. 1. A request for reasonable accommodation may be made by any person with a disability, his or her representative (e.g. family member, care provider, etc.), or a provider of housing for persons with disabilities in the City’s land use and zoning regulations, policies, or practices when the application of such may act as a barrier to affording such person(s) equal opportunity to use and enjoy a dwelling. 2. A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment or anyone who has a record of this type of impairment. While a person recovering from substance abuse is considered a person with a disability, a person who is currently engaging in the current illegal use of controlled substances is not. PACKET PAGE: 102 AGENDA ITEM 4.2 3. This Chapter is intended to apply to those persons who are defined as disabled or handicapped under the Acts. B. Eligible requests. 1. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to a dwelling of his or her choice. 2. A request for a reasonable accommodation shall comply with Section 17.625.030. 3. The City will provide the assistance necessary to an applicant in making a request for reasonable accommodation. A request by an applicant for reasonable accommodation may be made orally or in writing. It is usually helpful for all parties if the request is made in writing as it will help avoid misunderstandings and keep an accurate record of the request. The City shall assist the applicant with furnishing all information maintained by the City as a public record, such as City ordinances, policies, rules, and regulations necessary for processing the reasonable accommodation request. 4. Notice of the availability of the reasonable accommodation shall be prominently displayed at all public information counters in the City’s Community Development Department, and the City Clerk’s office. Forms for requesting reasonable accommodations shall be available to the public in the Community Development Department or upon request. 5. Should the information provided by the applicant include medical information or records of the applicant, including records indicating medical condition, diagnosis or medical history of the applicant, the City, to the extent allowed by law, shall treat such information as confidential information of the City. The City shall provide written notice to the Applicant, and any person designated by the Applicant to represent the Applicant in the application proceeding, of any request received by the City for disclosure of the medical information or documentation which the Applicant has provided to the City. The City will cooperate with the Applicant, to the extent allowed by law, in actions initiated by the Applicant to oppose the disclosure of such medical information or documentation. PACKET PAGE: 103 AGENDA ITEM 4.2 17.625.030 — Application Requirements A. Application. The Community Development Department shall provide applicants for a reasonable accommodation with an application form eliciting the following information: 1. The applicant's name, address and telephone number; 2. Name, address, and telephone number of property owner and the current address for which the request is being made; 3. The current actual use of the property; 4. The basis for the claim that the applicant is considered disabled under the Acts or provides housing for persons considered disabled under the Acts. (For example, an individual applicant may submit a letter by the individual himself or herself containing information showing that he or she is under 65 years of age and receives Supplemental Security Income or Social Security Disability Insurance benefits, or from a doctor or other medical professional, a peer support group, a non-medical service agency, or reliable third party who is in a position to know about the individual’s disability. Only that information necessary to evaluate the reasonable accommodation shall be requested. In most cases, an individual's medical records or detailed information about the nature of a person's disability is not necessary for this inquiry. All such information shall be retained in a manner so as to respect privacy rights of the applicant and shall not be made available for public inspection); 5. The Development Code provision, regulation or policy from which reasonable accommodation is being requested; 6. Explanation why the reasonable accommodation is necessary to make specific property available for the individual. The Department shall assist the applicant in completing the form, as necessary, or, shall elicit oral information from the applicant necessary for the Department to complete the form itself. In the event the Department completes the form by eliciting oral information from the applicant, the Department shall read the completed form to the applicant to ensure its accuracy and shall provide a copy of the completed form to the applicant. PACKET PAGE: 104 AGENDA ITEM 4.2 A reasonable accommodation shall not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. 17.625.040 — Review Authority A request for a reasonable accommodation shall be reviewed, and a determination shall be made, by the Director. 17.625.050 — Review Procedures A. Director’s review. The Director shall make a written determination within 30 days following the submittal of a complete application and either approve, approve with modifications, or disapprove a request for a reasonable accommodation in compliance with Section 17.625.060 (Findings and Decision), below. B. Findings and Decision. The written determination to approve or disapprove the request for reasonable accommodation shall be made in compliance with Section 17.625.060 (Findings and Decision), below. C. Stays. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for a reasonable accommodation is made, the 30-day period to issue a decision is stayed until the applicant responds to the request. 17.625.060 — Findings and Decision A. Findings. The written decision to approve or disapprove a request for reasonable accommodation that will be consistent with the Acts and shall be based on consideration of all of the following factors: 1. Whether the housing, which is the subject of the request, will be used by one or more individuals with a disability as defined under the Acts; 2. Whether the request for a reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts; 3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City. The determination of undue financial and administrative burden will be done on a case-by-case basis involving various factors.; PACKET PAGE: 105 AGENDA ITEM 4.2 4. Whether the requested reasonable accommodation would fundamentally alter the nature of a City program or law, including but not limited to land use and zoning; 5. Should the City determine that the applicant’s initial request would impose an undue financial or administrative burden on the City, or fundamentally alter a City program or law, it may propose an alternative accommodation that would provide an equivalent benefit. In the event the City makes a determination not to accommodate an applicant’s initial request, this determination shall be documented. B. Written decision. The written decision on the request for a reasonable accommodation shall include the reviewing authority’s findings and any other relevant information upon which the decision is based. All written decisions shall give notice of the applicant’s right of appeal and to request reasonable accommodation in the appeals process in compliance with Chapter 17.715 (Appeals), provided however, that the appeal period shall be extended to thirty (30) days, rather than fifteen (15) days. The notice of decision shall be sent to the applicant by certified mail. C. Appeal. The written decision of the reviewing authority shall be final unless appealed in compliance with Chapter 17.715 (Appeals). 17.625.070 — Rescission of Approval of Reasonable Accommodation Rescission. A grant or grant with modifications made in compliance with this Chapter may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the individual defined as disabled under the Acts vacates the subject site, etc.).” ENVIRONMENTAL ANALYSIS This proposal could not result in a direct or reasonably foreseeable indirect physical change in the environment and the project is not subject to CEQA in accordance with Section 15060(c)(2) of the California Environmental Quality Act. EXHIBITS: Planning Commission Resolution 14-05 Ordinance No. ____ PACKET PAGE: 106 AGENDA ITEM 4.2 RESOLUTION NO. 14-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING THE SAN JACINTO DEVELOPMENT (DEVELOPMENT CODE AMENDMENT NO. 2-14), REGARDING REASONABLE ACCOMMODATION WHEREAS, the Ordinance amending the Development Code is consistent with the General Plan and will not conflict with development, within all zoning districts, in a manner inconsistent with the General Plan. The proposed Development Code Amendment has been drafted in a manner that promotes compatibility between uses; and WHEREAS, the Amendment promotes the goals and policies of the General Plan. Specifically, the Development Code Amendment would be consistent with and promote the following: Land Use Goal 2: Manage and direct growth so that the community and its neighborhoods are protected and enhanced. WHEREAS, based upon the substantial evidence presented to the Planning Commission during the public hearing and upon the specific findings set forth in the paragraphs above, the Planning Commission hereby concludes as follows: a. That the proposed Amendment will provide for appropriate land uses of residential property; and b. That the proposed Amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed Amendment is consistent with the objectives of the Development Code; and d. That the proposed Amendment is in conformance with the General Plan; and e. That the proposed Amendment provides for reasonable accommodation for individuals with disabilities; and f. That the proposed Amendment promotes the public health, safety and welfare of the community. PACKET PAGE: 107 AGENDA ITEM 4.2 WHEREAS, the Ordinance amending the Development Code was reviewed, studied, and found to comply with the California Environmental Quality Act (“CEQA”) as more fully described below; and WHEREAS, on March 27, 2014, the Planning Commission (“Commission”) of the City of San Jacinto conducted a duly noticed public hearing on the Ordinance amending the Development Code (Development Code Amendment 2-14) at which time all persons wishing to testify in connection with the Application were heard and comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Commission, all written and oral evidence presented to the Commission, and the findings set forth in this Resolution, the Commission recommends the City Council of the City of San Jacinto approve the aforementioned Development Code Amendment as described in the attached Ordinance No. ____. SECTION 2. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Development Code Amendment is consistent with the General Plan of the City of San Jacinto. SECTION 3. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Development Code Amendment is reasonably related to the public health, safety and welfare of the community. SECTION 4. Based on the entire record before the Commission and all written and oral evidence presented to the Commission, the Commission finds the Zoning Ordinance Amendment complies with the CEQA for the following reasons: The proposed Ordinance amending the Development Code could not result in a direct or reasonably foreseeable indirect physical change in the environment and that the project is not subject to CEQA in accordance with Section 15060(c)(2) of the California Environmental Quality Act. PASSED, APPROVED AND ADOPTED, this 27th day of March, 2014. _______________________________ Jerry Mossbarger, Chairperson PACKET PAGE: 108 AGENDA ITEM 4.2 ATTEST: __________________________________ Jan Catron, Planning Commission Secretary PACKET PAGE: 109 AGENDA ITEM 4.2 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Tom Prill, Finance Director SUBJECT: Proposed Resolution to Approve the Engineer’s Report for LLPD No. 2 Annexation No. 88 RECOMMENDATION: Staff recommends that the City Council, by motion, approve and adopt the following Resolution No. 3501 to approve the Engineer’s Report for the annexation of 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 No. 2 Annexation No. 88 for FY 2014- 2015. DISCUSSION: LLPD No. 2 is divided among the original area and approximately 86 annexation areas called zones with assessments involving over 7,393 individual parcels. The Resolution approves the District Engineer’s report for the annexation of 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. After approving the Engineer’s Report, the City must first hold a public hearing and conduct the protest election and then, if a majority protest does not exist, consider adoption of the resolution authorizing the levy of annual assessments and confirming the diagram and assessments of the LLPD No. 2 Annexation No. 88. The Resolution of Intention was adopted by the City Council on April 1, 2014. The District Engineer’s report was presented as part of the Resolution of Intention and a public hearing date of April 15, 2014 was set as part of the Resolution of Intention. A copy of the Engineer’s report is included again for your reference. Only properties with estimated specific benefits, including initial operating reserves, are being assessed in FY 2014-2015. The attached Resolution is a part of the required procedure for the annexation and levy and collection of assessments in an assessment district. PACKET PAGE: 111 AGENDA ITEM 4.3 ALTERNATIVES: Property owner assessments pay for the maintenance of facilities (parks, greenbelts, drainage facilities, etc.) annexed into the district. Maintenance for the facilities would cease in the event that the resolution to levy is not adopted. FISCAL IMPACT: LLPD No. 2 Annexation No. 88 would levy and potentially collect $9,880.07 in property assessments, which would offset the costs of maintaining the district facilities. ATTACHMENTS: LLPD No. 2 Engineer’s Report Resolution No. 3501 Approving the Engineer’s Report PACKET PAGE: 112 AGENDA ITEM 4.3 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: 113 AGENDA ITEM 4.3 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: 114 AGENDA ITEM 4.3 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: 115 AGENDA ITEM 4.3 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; PACKET PAGE: 116 AGENDA ITEM 4.3 PACKET PAGE: 117 AGENDA ITEM 4.3 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. PACKET PAGE: 118 AGENDA ITEM 4.3 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. PACKET PAGE: 119 AGENDA ITEM 4.3 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. PACKET PAGE: 120 AGENDA ITEM 4.3 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 PACKET PAGE: 121 AGENDA ITEM 4.3 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. PACKET PAGE: 122 AGENDA ITEM 4.3 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. PACKET PAGE: 123 AGENDA ITEM 4.3 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 PACKET PAGE: 124 AGENDA ITEM 4.3 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. PACKET PAGE: 125 AGENDA ITEM 4.3 Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 6-1 Prepared by NBS –Fiscal Year 2014/15 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. PACKET PAGE: 126 AGENDA ITEM 4.3 Landscape, Lighting, & Park District No. 2 Annexation 88 –City of San Jacinto 7-1 Prepared by NBS –Fiscal Year 2014/15 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. PACKET PAGE: 127 AGENDA ITEM 4.3 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: 128AGENDA ITEM 4.3 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: 129AGENDA ITEM 4.3 Page 1 of 2 STATE OF CALIFORNIA ) RESOLUTION NO: 3501 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO APPROVING ENGINEER'S REPORT 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) OF THE CITY OF SAN JACINTO (LLPD NO. 2, ANNEXATION NO. 88) WHEREAS, on April 1, 2014, the City Council of the City of San Jacinto ("City Council"), adopted Resolution No. 3499 initiating proceedings for the annexation of property to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto ("District") and ordered NBS, the Assessment Engineer of Record, to prepare and file a report in accordance with Section 22565 of the California Streets and Highways Code ("Code"); and WHEREAS, the Engineer of Record has filed with the City Clerk its report ("Engineer's Report") containing the matters specified in Section 22565 through 22574 of the Code; and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council for consideration and has been fully considered by the City Council, and this City Council finds that each and every part of the Engineer's Report is sufficient, and that no portion of the report requires or should be modified in any respect. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1: The Engineer's estimate of the itemized costs and expenses of the installation, operation, maintenance and/or servicing of street lights, traffic signals, graffiti removal, landscaping, drainage facilities and any improvements appurtenant thereto and the incidental expenses in connection therewith, contained in the Engineer's Report shall be, and each of them are hereby, preliminarily approved and confirmed. SECTION 2: The diagrams showing the property proposed to be annexed to the District referred to and described in the Engineer's Report and the boundaries of the property proposed to be annexed to said District as the same PACKET PAGE: 131 AGENDA ITEM 4.3 Page 2 of 2 existed at the time of passage of Resolution No. 3499, are hereby preliminarily approved and confirmed. SECTION 3: The proposed assessments upon the property proposed to be annexed to the District are in proportion to the estimated benefit to be received by said property, respectively from said improvements and of the incidental expenses thereof, as contained in the Engineer's Report. SECTION 4: Said Report shall stand as the Engineer's Report for the purposes of all subsequent proceedings for Annexation No. 88 to the District. SECTION 5: The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. PASSED, APPROVED and ADOPTED this 15th 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: 132 AGENDA ITEM 4.3 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Tom Prill, Finance Director SUBJECT: Proposed Resolution to Approve Annexation of property to LLPD NO. 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, hold the Public Hearing, Order the Canvass of the Election, and approve and adopt the following Resolution No. 3502 to order the annexation of 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 NO. 2 Annexation No. 88 for FY 2014-2015. DISCUSSION: LLPD NO. 2 is divided among the original area and approximately 86 annexation areas called zones with assessments involving over 7,393 individual parcels. The Resolution is to order the annexation of 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. The City must first hold a public hearing and conduct the protest election and then, if a majority protest does not exist, consider adoption of the resolution authorizing the levy of annual assessments and confirming the diagram and assessments of the LLPD NO. 2 Annexation 88. The Resolution of Intention was adopted by the City Council on April 1, 2014. The District Engineer’s report was presented as part of the Resolution of Intention and a public hearing date of April 15, 2014 was set as part of the Resolution of Intention. The public hearing date was duly noticed. Only properties with estimated specific benefits, including initial operating reserves, are being assessed in FY 2014-2015. PACKET PAGE: 133 AGENDA ITEM 4.4 The attached Resolution is a part of the required procedure for the annexation and levy and collection of assessments in an assessment district. ALTERNATIVES: Property owner assessments pay for the maintenance of facilities (parks, greenbelts, drainage facilities, etc.) annexed into the district. Maintenance for the facilities would cease in the event that the resolution to levy is not adopted. FISCAL IMPACT: LLPD NO. 2 Annexation No. 88 would levy and potentially collect $9,880.07 in property assessments, which would offset the costs of maintaining the district facilities. ATTACHMENTS: Resolution No. 3502 Ordering the Annexation of property PACKET PAGE: 134 AGENDA ITEM 4.4 Page 1 of 5 STATE OF CALIFORNIA ) RESOLUTION NO: 3502 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ORDERING 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) AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2014-15 (LLPD NO. 2, ANNEXATION NO. 88) WHEREAS, on April 1, 2014, the City Council ("City Council") of the City of San Jacinto ("City") adopted Resolution No. 3500 declaring its intention to annex certain territory to Landscaping, Lighting and Park District No. 2 ("Assessment District"), which was designated for purposes of such proceedings as "Annexation No. 88" and "Zone 88," and scheduling a public hearing thereon; and WHEREAS, by Resolution No. 3501, the City Council approved the report of NBS, the Engineer of Record ("Report") which contained, among other matters, the proposed assessments to be levied for fiscal year 2014-15 upon assessable lots and parcels of land within the territory which comprises Annexation No. 88 to and Zone 88 of the Assessment District; and WHEREAS, pursuant to Section 53753 of the Government Code, notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon was mailed to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the City Council has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to the Assessment District and has received a report from the City Clerk regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist; and WHEREAS, by Resolution No. 3500, the City Council determined that upon the annexation of such property to the Assessment District it should be detached from Landscaping, Lighting and Park District No. 1 to the extent the assessments levied thereby finance the same improvements provided for by the Assessment District. PACKET PAGE: 135 AGENDA ITEM 4.4 Page 2 of 5 NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows: Section 1: Findings. The findings recited in the preceding paragraphs are true and correct. Section 2: Assessment District. The Assessment District is Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The territory which is proposed to be annexed to the Assessment District and which comprises Annexation No. 88 is described in the Report and is identified by Riverside County Assessor's Parcel Number: 437-220-009 in the City of San Jacinto, County of Riverside. 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; Designation of Zone; Detachment. The territory comprising Annexation No. 88, as described in Section 2 hereof, is annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto. The diagram of the Assessment District, as modified to include Annexation No. 88 and as contained in the Report, is confirmed. Such annexed territory is designated as Zone 88 of the Assessment District. The territory comprising Annexation No. 88 and Zone 88 of the Assessment District shall be and is detached from Landscaping, Lighting and Park District No. 1 of the City of San Jacinto. PACKET PAGE: 136 AGENDA ITEM 4.4 Page 3 of 5 Section 5: Levy of Assessments; Annual Increases; Duration. The assessments proposed to be levied on the lots and parcels within Zone 88 of the Assessment District for Fiscal Year 2014- 15 in the amounts set forth in the Report and in the assessment ballot mailed to and returned by the owners of the property comprising Annexation No. 88 shall be and are confirmed and levied. Pursuant to Section 6 of Resolution No. 3500, and as specified in such ballot, the annual amount of the assessment to be levied on each parcel of property in Zone 88 of the Assessment District 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 Los Angeles - Anaheim - Riverside Area; provided, however, that the amount of the assessment to be levied on any 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 assessments shall be levied annually on assessable lots and parcels of property in Zone 88 so long as the assessments are necessary to finance the cost of the operation, maintenance and servicing of the improvements specified in Section 3 within and for Zone 88. Section 6: Filing With the County Auditor. The City Clerk shall cause the diagram and assessment as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. Section 7: That the Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. PACKET PAGE: 137 AGENDA ITEM 4.4 Page 4 of 5 PASSED, APPROVED and ADOPTED this 15th 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: 138 AGENDA ITEM 4.4 Page 5 of 5 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO LANDSCAPING, LIGHTING AND PARK DISTRICT NO.2 SPECIAL ELECTION ANNEXATION NO. 88 in the City, held on April 15, 2014. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Landscaping, Lighting and Park District No. 2 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES NO WITNESS my hand this 15th day of April, 2014 ___________________________ Rick Miller, City Clerk PACKET PAGE: 139 AGENDA ITEM 4.4 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Habiba Motlagh, City Engineer SUBJECT: Amendment #1 to Construction Reimbursement Agreement with WRCOG for Ramona Expressway Widening (Sanderson to Main) RECOMMENDATION: Staff recommends that the City Council, by motion, approve Amendment #1 to the Construction Reimbursement Agreement between the City and WRCOG for the widening of Ramona Expressway and authorize the City Manager to execute the same. DISCUSSION: In May of 2013, the City and WRCOG entered into a reimbursement agreement to provide TUMF funding for construction of the Ramona Expressway Widening project between Sanderson and Main. At that time, the agreement only provided funding for Phase 1 of the project between Sanderson and Eagle Road – it included $4,161,570 in TUMF funding. The City has since developed plans for the second phase of the project, and will be proceeding to construction of that phase, from Eagle to Main. As such, it is appropriate to amend the reimbursement agreement to increase the available TUMF funds and cover the cost of Phase 2. The TUMF funding is being increased by $2,550,000 with this amendment. This amendment was considered and approved by WRCOG's executive committee at its meeting on April 7, 2014. Summary of TUMF Construction Funding Phase 1: $4,161,570 Phase 2: $2,550,000 TOTAL: $6,711,570 PACKET PAGE: 141 AGENDA ITEM 5.1 ALTERNATIVES: Approve or do not approve the agreement amendment as presented FISCAL IMPACT: Approval of this amendment secures an additional $2,550,000 toward the construction of Ramona Expressway Widening Phase 2, between Eagle and Main. This and the RCTC funding should be sufficient to complete the project. Additional funding may be required and will be determined after the bid opening later this year. ATTACHMENTS: · Amendment #1 to Construction Reimbursement Agreement · WRCOG Construction Reimbursement Agreement for Ramona Expressway Widening project, dated 5/16/13 PACKET PAGE: 142 AGENDA ITEM 5.1 PACKET PAGE: 143 AGENDA ITEM 5.1 PACKET PAGE: 144 AGENDA ITEM 5.1 PACKET PAGE: 145 AGENDA ITEM 5.1 PACKET PAGE: 146 AGENDA ITEM 5.1 PACKET PAGE: 147 AGENDA ITEM 5.1 PACKET PAGE: 148 AGENDA ITEM 5.1 PACKET PAGE: 149AGENDA ITEM 5.1 PACKET PAGE: 150AGENDA ITEM 5.1 PACKET PAGE: 151AGENDA ITEM 5.1 PACKET PAGE: 152AGENDA ITEM 5.1 PACKET PAGE: 153AGENDA ITEM 5.1 PACKET PAGE: 154AGENDA ITEM 5.1 PACKET PAGE: 155AGENDA ITEM 5.1 PACKET PAGE: 156AGENDA ITEM 5.1 PACKET PAGE: 157AGENDA ITEM 5.1 PACKET PAGE: 158AGENDA ITEM 5.1 PACKET PAGE: 159AGENDA ITEM 5.1 PACKET PAGE: 160AGENDA ITEM 5.1 PACKET PAGE: 161AGENDA ITEM 5.1 PACKET PAGE: 162AGENDA ITEM 5.1 PACKET PAGE: 163AGENDA ITEM 5.1 PACKET PAGE: 164AGENDA ITEM 5.1 PACKET PAGE: 165AGENDA ITEM 5.1 PACKET PAGE: 166AGENDA ITEM 5.1 PACKET PAGE: 167AGENDA ITEM 5.1 PACKET PAGE: 168AGENDA ITEM 5.1 PACKET PAGE: 169AGENDA ITEM 5.1 PACKET PAGE: 170AGENDA ITEM 5.1 PACKET PAGE: 171AGENDA ITEM 5.1 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Agreement between City and RCTC to provide Measure A Funding for Ramona Expressway Widening, Phase 2 RECOMMENDATION: Staff recommends that the City Council, by motion, approve the attached agreement with the Riverside County Transportation Commission which will provide Measure A Regional Arterial funding for the construction of Ramona Expressway Widening, Phase 2 (Eagle to Main). DISCUSSION: In the Fall of 2013, the City of San Jacinto applied for and was awarded a Measure A Regional Arterial (MARA) grant by RCTC. The application process was highly competitive – RCTC received applications for a total of 55 projects requesting $282 million in funding from a mix of three different sources (CMAQ, STP, and Measure A). The category of funds that San Jacinto requested, Measure A, was the most competitive since the money is local and generally less restrictive than federal funds. RCTC reviewed and ranked all of the project applications that were submitted, and San Jacinto's was given the second highest score county-wide under MARA funding. The grant will partially fund construction of Phase 2 of the Ramona Expressway Widening project. Phase 2 of this project widens the road to four/five lanes between Eagle Road and Main Street, and will start construction later this summer. RCTC provided the boilerplate agreement for this project. The City Attorney's office has reviewed the agreement and the City Engineer's office has provided key project details in the agreement exhibits. The Measure A grant is in the amount of $2,675,000. Staff recommends that the City Council approve the agreement. PACKET PAGE: 173 AGENDA ITEM 5.2 ALTERNATIVES: Approve or do not approve the agreement as presented herein. FISCAL IMPACT: With approval of this agreement, the City will secure an additional $2,675,000 for construction of the Ramona Expressway Widening project. These dollars plus the funding provided by WRCOG's TUMF program are anticipated to fully fund construction of Phase II, subject to the receipt of bids. ATTACHMENTS: · Agreement with RCTC to provide Measure A Regional Arterial Funds for the Ramona Expressway Widening project (Phase 2, Eagle to Main) PACKET PAGE: 174 AGENDA ITEM 5.2 24438.C0000\8683787.1 1 Agreement No. ___-___-___-___ AGREEMENT FOR THE FUNDING OF MEASURE A REGIONAL ARTERIAL IMPROVEMENTS WITH THE CITY OF SAN JACINTO 1. Parties and Date. 1.1 This Agreement is executed and entered into this day of , 2014, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and the City of San Jacinto (“City”). RCTC and City are sometimes collectively referred to herein as the “Parties”. 2. Recitals. 2.1 RCTC is a County transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5. 2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one-half percent (1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan (the “Plan”). 2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees (TUMF) revenues. 2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan. 2.5 RCTC intends, by this Agreement, to distribute Measure A Regional Arterial (“MARA”) Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein. 3. Terms. 3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the widening of Ramona Expressway from two lanes to five lanes cross section, with two through lanes in each direction and a striped median between Eagle Road and Main Street/Lake Park Drive (“the Work”). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows: 1) PA&ED – Project Approvals & Environmental Document PACKET PAGE: 175 AGENDA ITEM 5.2 24438.C0000\8683787.1 2 2) PS&E – Plans, Specifications and Estimates 3) R/W – Right of Way Acquisition and Utility Relocation 4) CONS – Construction The Work phase(s) funded pursuant to this Agreement shall be consistent with the City’s Call for Projects Nomination Form submitted to the RCTC (“the Project”). The Project is more fully described in Exhibit “B” attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC. 3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Two Million Six Hundred and Seventy Five Thousand Dollars ($2,675,000.), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (“Funding Amount”). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section. 3.2.1 Eligible Work Costs. The total Work costs (“Total Work Cost”) may include the following items, provided that such items are included in the scope of work attached as Exhibit “A”: (1) City and/or consultant costs associated with direct Work coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Work; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the City, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by City or consultants; (7) City costs associated with bidding, advertising and awarding of the Work contracts; (8) construction costs, including change orders to construction contract approved by the City; and (9) construction management, field inspection and material testing costs. 3.2.1.1 Right-of-Way Acquisition. The Parties acknowledge that in order to protect the City’s ability to deliver the Project in a timely cost effective manner, the City may purchase parcels of property in advance of the completion of the Project’s final design (PS&E). The Parties acknowledge that acquired parcels or remnants purchased in advance of final design may not ultimately be required for the Project. Upon completion of the Project’s final design, the City shall provide RCTC with a detailed list of all parcels purchased by the City for which it received MARA Funds pursuant to this Agreement. The City shall identify any parcels or remnants thereof which were acquired using MARA Funds and are not required for construction of the Project. A preliminary list shall be submitted to the RCTC 30 days before the issuance of bid documents for construction of the Project and a final list shall be submitted to the RCTC no later than 30 days following the recording of the Certificated of Completion for the Project. 3.2.1.2 Valuation and Repayment of Any Property Remnants. Upon receipt of the City’s final list, RCTC shall meet with the City for the purpose of identifying any parcel or reasonably usable remnant of a parcel for which MARA Funds were expended that may reasonably be developed for other use by the City and/or sold. The Parties shall confer in good faith to agree PACKET PAGE: 176 AGENDA ITEM 5.2 24438.C0000\8683787.1 3 upon the disposition of such parcels and remnant parcels and their fair market value as of a date agreed to by the parties, but in no event later than the date of completion of the Project. “Fair Market Value” shall have the definition set forth in Code of Civil Procedure Section 1263.320 and “remnant” shall have the definition set forth in Code of Civil Procedure Section 1240.410. Nothing herein shall preclude the City and RCTC from beginning the meetings earlier in the event both parties agree that the parcel or remnant will not be used for the Project. 3.2.1.3 Reimbursement for Unused Parcels. Following recordation of the Certificate of Completion for the Project, the City shall be responsible for promptly reimbursing RCTC for any MARA Funds which were used to acquire parcels which are completely unused in the Project. If City funds other than MARA Funds were used to purchase the Parcel, those local funds shall be considered in determining the reimbursement amount. 3.2.1.4 Appeal to Commission. In the event of a disagreement between the Parties regarding the reimbursement of MARA Funds under this section 3.2.1, either party may appeal, in writing, to the RCTC Board. The RCTC Board’s determination regarding excess right-of- way and value pursuant to this section shall be final. 3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: (1) City administrative costs; (2) City costs attributed to the preparation of invoices, billings and payments; (3) any City fees attributed to the processing of the Work; and (4) expenses for items of work not included within the scope of work in Exhibit “A”. 3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC’s sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC’s Executive Director. No such increased funding shall be expended to pay for any Work already completed. For purposes of this Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC’s Executive Director. 3.2.4 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by MARA Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with MARA Funds except as needed for staged construction of the Work. 3.3 City’s Funding Obligation to Complete the Work. In the event that the MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit “A”. 3.3.1 City’s Obligation to Repay MARA Funds to RCTC. In the event that: (i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding PACKET PAGE: 177 AGENDA ITEM 5.2 24438.C0000\8683787.1 4 of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/or initiate legal action to compel repayment, if the City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required. 3.3.2 City’s Local Match Contribution. The City shall provide at least Three Million Two Hundred and Seventy Thousand dollars ($3,270,000.) of funding toward the Work, as shown in Exhibit “A” and as called out in the City’s Project Nomination Form submitted to RCTC in response to its Call for Projects. 3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects of the Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit “A”: (i) development and approval of plans, specifications and engineer’s estimate (PS&E), environmental clearance, right of way acquisition, and obtaining all permits required by impacted agencies prior to commencement of the Work ; (ii) all aspects of bidding, awarding, and administration of the contracts for the Work; (iii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and (iv) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds. 3.5 Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until: (i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement. 3.6 Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Habib Motlagh, City Engineer, or his designee, as the City’s representative to RCTC. The City’s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City’s responsibility. The City shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the Work. 3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures. However, the City understands and acknowledges that any expenditure of funds on the Work prior to the execution of the Agreement is made at the City’s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement. 3.8 Review of Services. The City shall allow RCTC’s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met. PACKET PAGE: 178 AGENDA ITEM 5.2 24438.C0000\8683787.1 5 3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below. 3.9.1 Termination for Convenience. 3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof. 3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 3.9.1.2. 3.9.2 Termination for Cause. 3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. 3.9.2.2 Effect of Termination for Cause. In the event that the City terminates this Agreement in response to RCTC's uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination. In the event that RCTC terminates this Agreement in response to the City's uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 3.9.2.2. 3.9.3 Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seq., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage PACKET PAGE: 179 AGENDA ITEM 5.2 24438.C0000\8683787.1 6 requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work. 3.12 Indemnification. 3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys’ fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC. 3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work. RCTC’s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City’s performance of this Agreement or supervision of any services provided to complete the Work. 3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last. 3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall: 3.13.1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; PACKET PAGE: 180 AGENDA ITEM 5.2 24438.C0000\8683787.1 7 3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/or their respective officials, officers, employees, agents, and consultants; and 3.13.1.3 Contain standard separation of insured provisions. 3.13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. 3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals. 3.13.4 Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident. 3.14 Procedures for Distribution of MARA Funds to City. 3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City’s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly. 3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility of the City for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC’s decision as to the eligibility of one or more invoices to RCTC’s Executive Director. The City may appeal the decision of the Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Exhibit “C”, attached hereto. 3.14.3 Funding Amount/Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum MARA Funds provided for in section 3.2 of this Agreement, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC. PACKET PAGE: 181 AGENDA ITEM 5.2 24438.C0000\8683787.1 8 3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval of RCTC’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of 1969 (42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work. 3.16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.17 Limited Scope of Duties. RCTC’s and the City’s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work. 3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 3.21 Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit. PACKET PAGE: 182 AGENDA ITEM 5.2 24438.C0000\8683787.1 9 3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CITY OF SAN JACINTO RCTC 595 S. San Jacinto Ave. Riverside County Transportation Commission San Jacinto, CA 92583 4080 Lemon, 3rd Floor Mailing address: P.O. Box 12008 Riverside, CA 92501 ATTN: City Engineer ATTN: Executive Director Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the performance of the Services. 3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision of this Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees. 3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings. 3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. PACKET PAGE: 183 AGENDA ITEM 5.2 24438.C0000\8683787.1 10 3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the Work shall at all times be under the exclusive direction and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance. 3.31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination. 3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [Signatures on following page] PACKET PAGE: 184 AGENDA ITEM 5.2 24438.C0000\8683787.1 11 SIGNATURE PAGE TO AGREEMENT FOR THE FUNDING OF MEASURE A REGIONAL ARTERIAL IMPROVEMENTS RIVERSIDE COUNTY CITY OF SAN JACINTO TRANSPORTATION COMMISSION By: By: ________________________ Marion Ashley, Chair Alonso Ledezma Riverside County Mayor Transportation Commission City of San Jacinto APPROVED AS TO FORM: APPROVED AS TO FORM: By: _________________________________ By: _______________________ Best Best & Krieger LLP Jeff Ballinger Counsel to the Riverside County City Attorney Transportation Commission City of San Jacinto PACKET PAGE: 185 AGENDA ITEM 5.2 Exhibit A 24438.C0000\8683787.1 EXHIBIT “A” SCOPE OF WORK, FUNDING AND TIMETABLE SCOPE OF WORK: Construction funding for the widening of Ramona Expressway from two lanes to five lanes consisting of two through lanes in each direction and one striped median between Eagle Rd. and Main St/Lake Park Drive (2.4 miles segment). Additional work includes traffic intersection upgrades/signal modifications along the widening segment, minor drainage improvements, and a Class I bicycle path separate from the roadway for the full project length. FUNDING: PHASE MARA Fund LOCAL TOTAL CONSTRUCTION $2,675,000. $3,270,000 $5,945,000. TOTAL $2,675,000. $3,270,000. $5,945,000. TIMETABLE: Phase Start End Comments Environmental July 2008 February 2012 CEQA completed Design (PS&E) March 2012 November 2013 PS&E 100% complete Right of Way N/A N/A Existing Right of Way Construction June 2014 June 2015 PACKET PAGE: 186 AGENDA ITEM 5.2 Exhibit A-1 24438.C0000\8683787.1 EXHIBIT “A-1” GUIDANCE for COMPLETION OF EXHIBIT A The following list identifies items generally eligible or ineligible for MARA Funding reimbursement. In general, all improvements, with the exception of sidewalks, must be within the curbs of the roadway and extend no further than the curb returns at intersections. In addition, all improvements on or connecting to interstate and state route facilities shall be consistent with Caltrans Highway Design Manual standards. Items which are typically considered eligible include: · Asphalt concrete pavement, up to 16’ per lane, to accomplish a 12’ travel lane and ancillary treatment and appropriate base materials · Concrete curb and gutter and associated drainage – paved roadway shoulders and swale may be used as a substitute · Class II Bike Lanes · Paved and painted 14’ median, may be used as a dual left turn lanes · Traffic signals at intersections with state highways and major arterials · Pavement striping and roadway signing as required. Items which are not typically considered eligible include: · Portland Cement pavement or other aesthetic pavement types (except at intersections) · Major rehabilitation or overlay of existing pavement in adjacent roadway lanes · Raised Medians · Parking Lanes · Landscaping · Lighting · Class I Bike Lanes PACKET PAGE: 187 AGENDA ITEM 5.2 Exhibit B 24438.C0000\8683787.1 EXHIBIT “B” “PROJECT”DESCRIPTION, FUNDING AND MILESTONES PROJECT DESCRIPTION: A 2.4 mile widening of Ramona Expressway from Eagle Road to Main Street/Lake Park Drive from two through lanes to five lanes (two through lanes in each direction and one striped median). Additional work includes traffic intersection upgrades/signal modifications along the route, minor drainage improvements, and a bicycle path. FUNDING: PHASE MARA Funds LOCAL TOTAL CONSTRUCTION $2,675,000. $3,270,000. $5,945,000. TOTAL $2,675,000. $3,270,000. $5,945,000. MILESTONES: Phase Start End Comments Environmental July 2008 February 2012 CEQA completed Design (PS&E) March 2012 November 2013 PS&E 100% complete Right of Way N/A N/A Existing Right of Way Construction June 2014 June 2015 PACKET PAGE: 188 AGENDA ITEM 5.2 Exhibit C 24438.C0000\8683787.1 EXHIBIT “C” PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. RCTC recommends that the City incorporate Exhibit “C-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs. 2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC’s Executive Director with a copy to RCTC’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-2”. 3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits “C-4”. All documentation from the City’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “C-3”. 4. If the City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit “C” and its attachments. 5. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice. 6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows: “I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed. Signed ________________________________ Title __________________________________ Date __________________________________ Invoice No. ____________________________ PACKET PAGE: 189 AGENDA ITEM 5.2 Exhibit C 24438.C0000\8683787.1 7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid. 8. The final payment under this Agreement will be made only after: (i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on theWork; (ii) the City has executed a Release and Certificate of Final Payment; and (iii) the City has provided copies of each such Release to RCTC. PACKET PAGE: 190 AGENDA ITEM 5.2 Exhibit “C-1” 24438.C0000\8683787.1 EXHIBIT “C-1” ELEMENTS OF COMPENSATION For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (_____INSERT WRITTEN DOLLAR AMOUNT___) ($___INSERT NUMERICAL DOLLAR AMOUNT___) without written approval of City’s City Engineer (“Total Compensation”). 1. ELEMENTS OF COMPENSATION. Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs. 1.1 DIRECT LABOR COSTS. Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows: 1.1.1 DIRECT SALARY COSTS Direct Salary Costs are the base salaries and wages actually paid to the Consultant's personnel directly engaged in performance of the Work under the Agreement. (The range of hourly rates paid to the Consultant's personnel appears in Section 2 below.) 1.1.2 MULTIPLIER The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _________________, and is the sum of the following components: 1.1.2.1 Direct Salary Costs ____________________ 1.1.2.2 Payroll Additives ____________________ The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations. PACKET PAGE: 191 AGENDA ITEM 5.2 Exhibit “C-1” 24438.C0000\8683787.1 1.1.2.3 Overhead Costs ____________________ The Decimal ratio of Allowable Overhead Costs to the Consultant Firm's Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2. Total Multiplier ____________________ (sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3) 1.2 FIXED FEE. 1.2.1 A Fixed Fee of _______________ shall be paid to Consultant for Consultant’s complete and satisfactory performance of this Agreement and all Services required. The Fixed Fee shall be paid in monthly installments based upon the percentage of the Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein. 1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice. 1.3 ADDITIONAL DIRECT COSTS. Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost. Rates for identified Additional Direct Costs are as follows: ITEM REIMBURSEMENT RATE [___insert charges___] Per Diem $ /day Car mileage $ /mile Travel $ /trip Computer Charges $ /hour Photocopies $ /copy Blueline $ /sheet LD Telephone $ /call Fax $ /sheet Photographs $ /sheet Travel by air and travel in excess of 100 miles from the Consultant's office nearest to City’s PACKET PAGE: 192 AGENDA ITEM 5.2 Exhibit “C-1” 24438.C0000\8683787.1 office must have City’s prior written approval to be reimbursed under this Agreement. PACKET PAGE: 193 AGENDA ITEM 5.2 Exhibit “C-1” 24438.C0000\8683787.1 2. DIRECT SALARY RATES Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following: 2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above. 2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant's adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change. POSITION OR CLASSIFICATION RANGE OF HOURLY RATES [___sample___] Principal $ .00 - $ .00/hour Project Manager $ .00 - $ .00/hour Sr. Engineer/Planner $ .00 - $ .00/hour Project Engineer/Planner $ .00 - $ .00/hour Assoc. Engineer/Planner $ .00 - $ .00/hour Technician $ .00 - $ .00/hour Drafter/CADD Operator $ .00 - $ .00/hour Word Processor $ .00 - $ .00/hour 2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant's cost proposal. 3. INVOICING. 3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City’s City Engineer with two (2) copies to City’s Project Coordinator. 3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City’s Representative. PACKET PAGE: 194 AGENDA ITEM 5.2 Exhibit “C-1” 24438.C0000\8683787.1 3.3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice. 3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc. 3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date. 3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice. 3.7 Each invoice shall include a certification signed by the Consultant's Representative or an officer of the firm which reads as follows: I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed. Signed _____________________________ Title _____________________________ Date _____________________________ Invoice No. _____________________________ 4. PAYMENT 4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid. The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment. PACKET PAGE: 195 AGENDA ITEM 5.2 Exhibit “C-2” 24438.C0000\8683787.1 EXHIBIT “C-2” Sample Cover Letter to RCTC Date Ms. Anne Mayer Executive Director Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 ATTN: Accounts Payable Re: Project Title - Invoice #__ Enclosed for your review and payment approval is the City of _____________’s invoice for professional and technical services that was rendered by our contractors in connection with the _______________ Agreement No. ________ effective (Month/Day/Year). The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year. Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 =========== I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed. By: _____________________________ Name Title cc: PACKET PAGE: 196 AGENDA ITEM 5.2 Exhibit “C-3” 24438.C0000\8683787.1 EXHIBIT “C-3” Sample Letter from Contractor to City/County Month/Date/Year ______________ ______________ ______________ Attn: Accounts Payable Invoice #____________ For [type of services] rendered by [contractor name] in connection with [name of project] This is per agreement No. XX-XX-XXX effective Month/Date/Year. Invoice period covered is from Month/Date/Year to Month/Date/Year. Total Base Contract Amount: $000,000.00 Authorized Extra Work (if Applicable) $000,000.00 ------------------ TOTAL AUTHORIZED CONTRACT AMOUNT: $000,000.00 Total Invoice to Date: $000,000.00 Total Previously Billed: $000,000.00 Balance Remaining: $000,000.00 Amount Due this Invoice: $000,000.00 ========== I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed, By: ____________________ Name Title PACKET PAGE: 197 AGENDA ITEM 5.2 Exhibit C-4 24438.C0000\8683787.1 EXHIBIT C-4 Sample Progress Report REPORTING PERIOD: Month/Date/Year to Month/Date/Year PROGRESS REPORT: #1 A. Activities and Work Completed during Current Work Periods TASK 01 – 100% PS&E SUBMITTAL 1. Responded to Segment 1 comments from Department of Transportation 2. Completed and submitted Segment 1 final PS&E B. Current/Potential Problems Encountered & Corrective Action Problems Corrective Action None None C. Work Planned Next Period TASK 01 – 100% PS&E SUBMITTAL 1. Completing and to submit Traffic Signal and Electrical Design plans 2. Responding to review comments PACKET PAGE: 198 AGENDA ITEM 5.2 April 15, 2014 TO: The Honorable Mayor and Members of the City Council FROM: Jeff Ballinger, City Attorney SUBJECT: Reconsideration and Possible Action Regarding Waiver of Certain Statutory Penalties and Post-Judgment Interest and Acceptance of Reduced Amount in Satisfaction of Judgment RECOMMENDATION: Adopt Resolution No. 3503, “A Resolution of the City of San Jacinto, California, Rescinding Resolution No. 3498, Concerning the Waiver of Certain Amounts in Satisfaction of Judgment in Judicial Foreclosure and For Subsequent Delinquent Special Taxes as to New Property Owner” and Adopt Resolution No. FA 14-02, “A Resolution of the San Jacinto Financing Authority California, Rescinding Resolution No. FA 14-01, Concerning the Waiver of Certain Amounts in Satisfaction of Judgment in Judicial Foreclosure and For Subsequent Delinquent Special Taxes as to New Property Owner” BACKGROUND: This action is being brought back to the City Council and Finance Authority in light of the discovery by the City of material facts that were not known to the City at the time of its April 1, 2014 adoption of Resolutions FA 14-01 and 3498. 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. PACKET PAGE: 199 AGENDA ITEM 5.3 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. ANALYSIS: 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 previously 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. As such, City staff previously recommended the adoption of the resolutions waiving certain amounts in satisfaction of judgment in judicial foreclosure and for subsequent delinquent special taxes as to the new property owner. However, at the time of the City Council’s adoption of such resolutions, it was reported to the City that the new property owner would develop the property as residential uses. Since the time of the City Council’s adoption of Resolutions FA 14-01 and 3498, however, City staff has independently learned that the new owner intends to transfer several of the parcels to Eastern Municipal Water District, for groundwater recharge purposes, using recycled water. City staff believes that this new information is material to the City Council’s determination of how to proceed with this property, and that further information and study is required before the City would support such uses. Therefore, City staff has brought this matter back for the City Council and Finance Authority’s consideration. City staff is recommending that the City Council and Finance Authority rescind Resolutions FA 14-01 and 3498, in order to enable the City to more fully explore the proposed use of the property and that use’s impact to the City, the Authority, the bondholders, and other taxpayers. PACKET PAGE: 200 AGENDA ITEM 5.3 FISCAL IMPACT: This item does not require an expenditure of funds. All costs expended by the CFD will be recouped through the Foreclosure Action. ATTACHMENT: Resolution No. 3503 PACKET PAGE: 201 AGENDA ITEM 5.3 09960.00000\8688361.2 STATE OF CALIFORNIA ) RESOLUTION NO. 3503 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, RESCINDING RESOLUTION NO. 3498, CONCERNING THE AUTHORIZATION OF 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; and PACKET PAGE: 203 AGENDA ITEM 5.3 2 09960.00000\8688361.2 WHEREAS, On April 1, 2014, the City Council adopted Resolution No. 3498, a resolution waiving all delinquent penalties and redemption penalties for owners unrelated to the owner responsible for the delinquencies under certain conditions; and WHEREAS, at the time of the City Council’s adoption of such resolution, it was reported to the City that the new property owner would develop the property as residential uses; and WHEREAS, since the time of the City Council’s adoption of such resolution, however, the City Council has independently learned that the new owner intends to transfer several of the parcels to Eastern Municipal Water District, for groundwater recharge purposes, using recycled water; and WHEREAS, the City Council believes that this new information is material to the City Council’s determination of how to proceed with this property, and that further information and study is required before the City would support such uses; and WHEREAS, therefore, the City Council wish to rescind Resolution No. 3498, in order to enable the City to more fully explore the proposed use of the property and that use’s impact to the City, the Authority, the bondholders, and other taxpayers. 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. Based on the City Council’s discovery of the above-referenced material facts, which were withheld from the City staff and the City Council by Tower Music City, LLC and Eastern Municipal Water District, the City Council hereby rescinds Resolution No. 3498, adopted on April 1, 2014. SECTION 3.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: 204 AGENDA ITEM 5.3 3 09960.00000\8688361.2 SECTION 4. This Resolution shall become effective on the date on which it is adopted. PASSED, APPROVED AND ADOPTED, this 15th day of April, 2014. Ayes: Nays: Absent: Abstain: City of San Jacinto ____________________________ Alonso Ledezma, Mayor ATTEST: __________________________ Richard Miller, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP ____________________________ Jeffrey S. Ballinger, City Attorney PACKET PAGE: 205 AGENDA ITEM 5.3