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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 10/7/2010 (2)AGENDA JOINT REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO October 7, 2010, 7:00 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 1.6 Late Items 2. PUBLIC COMMENTS Now is the time for the public to address the Council on any subject within the judsdicton of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 2.1 City Manager's Report on previous month's public comments 3. JOINT CONSENT CALENDARS (SECTIONS 3A AND 38) The matters listed under Consent Calendars are considered routine and will be enacted by one motion by City Council Members in the form fisted . 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 at the end of number'S. Staff Reports.' 3A CONSENT CALENDAR - CITY COUNCIL 3A.1 Waiver of Full Reading of Ordinance(s), and Reading by Title Only / Approve / Interim City Clerk, City Attorney 3A.2 Minutes from September 2, 2010 - Regular Meeting 3A.3 Minutes from September 16, 2010 - Regular Meeting / Approve / Interim Citr Council Agenda October 7 2010 Page 2of4 City Clerk 3A.4 Treasurer's Report at August 31, 2010 / Receive and File / City Treasurer 3A.5 FY 2009-2010 Annual Donations Report / Receive and File / Interim Finance Director 3A.6 Second reading of Ordnance No. 10-06 regarding Change of Zone 1- 10, Planned Unit Development 1-08, and Development Plan 3-08 for a 24-unit residential condominium project on Idyllwild Drive. Applicant: David Balian 6732 Selma Ave. Los Angeles, CA 90028 3A.7 Second reading of Ordnance No. 10-07 regarding Development Agreement No. 01-10 between the City of San Jacinto ("City") and Puente Holdings, LLC and PBJT 2008, LLC ("Owners") Applicant: Puente Holdings and PBJT 2008 6055 Abbotswood Row La Jolla, CA 92037 3A.8 Resolution in Support of "Business Friendly Principles" as part of SCAG's development of a Southern California Economic Growth Strategy / Approve / Interim City Manager 3B CONSENT CALENDAR - REDEVELOPMENT AGENCY 4. PUBLIC HEARING 4.1 Urgency Ordinance 10-09 / Establishing Time, Place and Manner Restrictions on Registered Sex Offenders on Halloween / Approve / City Attorney 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. 6. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 7. CLOSED SESSION 7A CLOSED SESSION - CITY COUNCIL City Council Agenda October 7 2010 Page 3 or4 7B CLOSED SESSION - REDEVELOPMENT AGENCY 78.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 501 S. San Jacinto Avenue, San Jacinto APN# 437-076-001 and 437-076-002 Agency negotiator: Sharon Paisley, Economic Development Manager Negotiating parties: Eunice Lopez, Amigos Realty Under negotiation: Price and terms of payment 76.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: La Entrada Median, San Jacinto, CA Agency negotiator: Sharon Paisley, Economic Development Manager Negotiating parties: Koka Lakshman, GK Urgi Care, Inc. Under negotiation: Price and terms of payment 8. 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 (No the City Clerk) at, or prior to, the public heating. 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. 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 1, Richard -Afar, pity p[erk f the city of San yacinto, dh (iere/y certify that l caused to be posted the f regoing agenda ehir30th day oLf Septemher,, 2010, as required by Gru_ ftjchardMiQr, city Ckrk City Council Agenda October 7, 2010 Page 4 of 4 AGENDA ITEM 3A.1 October 7, 2010 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 MI 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.2 October 7, 2010 TO: The Honorable Mayor and Members of the City Council FROM: Richard Miller, City Clerk SUBJECT: Minutes from September 2, 2010 - Regular Meeting RECOMMENDATION: Staff recommends that the City Council, by motion, approve the minutes of the September 2, 2010, Regular City Council meeting. ATTACHMENTS • Minutes of September 2, 2010 PACKET PAGE: 3 AGENDA ITEM 3A.2 MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND REDEVELOPMENT AGENCY September 2, 2010, 7:00 p.m. 625 S. Pico Avenue San Jacinto Community Center, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order Mayor Dale Stubblefield called the regular meeting of the San Jacinto City Council and Redevelopment Agency to order at 7:02 p.m. 1.2 Roll CaII Present: Steve Di Memmo John Mansperger, Jim Potts, Dale Stubblefield Absent: Jim Ayres M/S/C (Mansperger/ Di Memmo) moved to excuse the absence of Council Member Ayres. Motion carried 4/0. Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: None 1.3 Invocation Public Works Director Mike Emberton gave the invocation. 1.4 Pledge of Allegiance Council Member John Mansperger led the Pledge of Allegiance. 1.5 Special Presentations 1.5.1 Introduction of Battalion Chief David Cabral Chief Dave Fulcher introduced Battalion Chief David Cabral saying he has twenty one years experience, twelve of which have been here in the valley, He said he has spent time at station 25 and opened station 78. He added that Battalion Chief David Cabral has Hazmat experience and is the Operation Battalion Chief for the City. Battalion Chief David Cabral thanked the council and said it has been a pleasure working with the Council in the past years and looks forward to doing so in the future. PACKET PAGE: 5 AGENDA ITEM 3A.2 City Council Minutes September 2. 2010 Page 2 of Council Member Potts said it is nice having a familiar face as chief and nice to hand over the baton to some who feels like family, 1.5.2 Introduction of Captain Scott Collins City Manager Tim Hults reported that unfortunately Capt. Collins could not make it to the meeting and he would be introduced at another meeting, 1.5.3 Recognition of City Employees that assisted injured citizen Staff requested that this item be postponed to the September 16t" meeting because the recipients are not available this evening. 2. PUBLIC COMMENTS: 2.0 Public Comments Don Leslie requested if there were any candidates running for council in the audience to please stand up. Frank Gorman, 800 E. Florida, Hemet, CA, representing Valley Watch — gave an update on what is happening in the community. He said they are ready to launch a new program, RAD Kids, that is intended to teach kids how to defend themselves and how to protect themselves against predators. He said Thursday, September 9th at 10:00 a,m, the RAD Kids program will be launched and invited anyone wishing to attend. He requested the council sign a Resolution or Ordinance that will prohibit registered sex offenders from giving out Halloween candy and putting up decorations. He said this will help protect kids of the valley from predators. He added that he would be asking the City of Hemet and the Riverside County Board of Supervisors to do the same, Mayor Stubblefield commented that there are signs in the community about Valley Watch and thanked Mr. Gorman for the work that they do, Council Member Potts commented that he was aware that council cannot discuss items not on the agenda; however he asked City Attorney Jeff Ballinger what the process for getting an emergency Ordinance passed would be, City Attorney Jeff Ballinger said that an Urgency Ordinance involving public safety can be adopted with one reading. He added that if council wished staff to take a look at creating an Urgency Ordinance it can be done during the Public Comments section of the meeting. Dave Kirkendall, 1993 Hemingway Place, San Jacinto — said he has an issue with the CC&R's in his community not being adhered to and has tried to resolve it with letters and calls with no response. He said he would PACKET PAGE: 6 AGENDA ITEM 3A.2 Page a of like to use the contract that the city has with the homeowners to help resolve the issues, He said he has been working with Code Enforcement for the last three months and nothing seems to be getting done. He said he would like to see results in a timely manner which to him would be within thirty days, He added that he would like to see verification that these items are being completed. He saki these are issues of pubfic nuisance and safety such as broken lights and graffiti. He added that he keeps his property in good shape and follows the CC&R's and would like the neighbors to do the same. He said he was bringing this to the council's attention and asked for their assistance in getting these issues resolved. Mayor Stubblefield informed the pubfic that council cannot respond to comments, however explained that the City Manager or a staff member would be following up on any comments made and would contact the speaker in regards to their issues. James Pangrazzi, 408 S. Kirby St., San Jacinto — said he has been working on the Cottonwood and Kirby problems, some have been resolved and some have not, He said there has been some talk about the need to acquire property in order to get a traffic light at Cottonwood and Kirby. He pointed out that the council should have two pictures in front of them with explanations printed on them. He said he did not try to get property taken away from anybody, in this case the nursery. He said it has been suggested that Cottonwood be widened up to two lanes. He added that this was brought to his attention by both Council Member Jim Ayres and Council Member John Mansperger. He said you can see by the two pictures that were taken from different angles there is enough room for a traffic light on the corner, He said he was told by Charlie Hand from the Valley Chronicle that the money that is in the budget for the traffic light more than likely came from a developer. He said he would like to pose the question to City Attorney Jeff Ballinger of how long can the City hold on to a developer's money for a specific project such as a traffic light. Mayor Stubblefield interrupted and asked that Mr, Pangrazzi address the Council. Mr, Pangrazzi said he would like to know when the expiration date is and what date it was implemented. He commented that he would hate to see the city lose 295 thousand dollars, Elizabeth Shogren, 1110 S. Kirby, San Jacinto — said she is pleased that the sidewalk has been completed however there are a few tweaks that need to be done. She said it is hard to see the curb and asked if there could be reflectors added or if it could be painted. She said after the last rainfall there were puddles in a few places and the drainage should be looked at, She commented that Matich Corp. said they would return and look at the drainage issues but have not done so yet. She said this needs PACKET PAGE: 7 AGENDA ITEM 3A.2 City Council Minutes September 2. 2010 Page 4of14 to be addressed, Ms Shogren added that in her opinion there is no need for a traffic signal at the corner of Cottonwood and Kirby because there is not enough traffic flow. Russ Utz, 2867 Tuberose Dr., San Jacinto — said he wanted to make a clarification of his comments from the last meeting. He said that when he spoke about the Edison project he was speaking on a personal level, not as a representative of the San Jacinto Chamber of Commerce, He also said he is in support of several of the consent items such as the repayment of the EMWD loan rather than paying them interest, He is also in support of the CUP for the storage yard on Warren Road. He added that he is in support of a Ordinance for prohibiting sex offenders from handing out candy on Halloween, Michael Fred Allen, 565 E 3rd St., San Jacinto — said he had intended to speak on the Halloween candy issue; however Mr. Gorman presented it better than he could have. He asked the council to consider the Ordinance. Ray Hicks, 26100 Menifee Rd, Menifee, representing So Cal Edison — said he was here a few months ago with a presentation of the State of Utility speaking on the smart connect meters. He said the project started about one to two weeks ago in Menifee and Moreno Valley. He said they would be starting in San Jacinto soon and wanted to assure the council that Edison has hired approved contractors from Cortex that are clearly identified with identificat on. He said there will be two to three hundred workers and will be installing up to 8000 meters a day. Mayor Stubblefield asked Mr. Hicks to briefly explain the smart meters, Mr, Hicks said the smart meters will allow outage information to be received without residents having to call Edison, He said there is a program called Peak Reduction which allows reduced usage on hot days and can save seventy five cents per kilowatt hour. He stated that the meters will now house a computer instead of a rotating disk and in some cases can control household appliances. Isabel Lorenzana, 556 S. Grand Ave, San Jacinto — said she was representing the Spanish community in Hemet and San Jacinto. She said that the Spanish communities are not happy about the Police Department and immigration. She said a lot of the old people can vote and have a lot of power, She said there are a lot of Spanish people who are doing nothing wrong. She asked the Council to say something for her people because they are very unhappy. PACKET PAGE: 8 AGENDA ITEM 3A.2 Page 5 of 4 2.1 City Manager's Report on previous month's public comments. City Manager Tim Hults said there were five speakers at the last meeting of which two required follow up calls by staff. He said that James Pangrazzi spoke of issues regarding a twenty acre property on Cottonwood and Kirby which needed attention by Code Enforcement. He said after being able to locate the property owner the city will hire a contractor to at least cut the perimeter weeds and place a lien on the property. Another speaker was Carole Johnson who commented about different areas in the city where volunteers can help out, She said she would like to see a volunteer program started. Public Works Director Mike Emberton has been in contact with her and she will assist in outreach efforts for the Clean Up Program by seeking volunteer assistance, 3. CONSENT CALENDAR 3A CONSENT CALENDAR — CITY COUNCIL 3A.1 Minutes from August 5, 2010 - Regular Meeting / Approve / City Clerk 3A.2 Warrants and Disbursements — July 2010 / Approve / Interim Finance Director 3A.3 Treasurer's Report at July 31, 2010 / Receive and File / City Treasurer 3A.4 Second reading of Ordinance No, 10-06 regarding Change of Zone 1-10, Planned Unit Development 1-08, and Development Plan 3-08 for a 24-unit residential condominium project on Idyllwild Drive. Applicant: David Balian 6732 Selma Ave Los Angeles, CA 90028 3A.5 EMWD Recycled Water Delivery System Payment / Approve / Interim Finance Directory 3A.6 Cottonwood Avenue Improvements (west of State Street), CIP 09-002, authorization to advertise for bids / Approve / City Engineer 3A.7 A Temporary conditional Use Permit for a Contractor's Storage Yard for the storage of service trucks, equipment, and steel fabrication of beams on a 30,000 square foot area at the north westerly portion of 1953 N. Warren Rd. located on the east side of Warren Rd. approximately 700 ft. south of the Ramona Expressway. / Ratify / Planning Director 3A.8 American Medical Response Compliance Fines / Approve / Interim Finance Directory PACKET PAGE: 9 AGENDA ITEM 3A.2 City Council Minutes September 2. 2010 Page 6 of 14 3A.9 Authorization for Water Utilities Supervisor and Waste Water Lead Worker to attend the Annual Tri-State Seminar / Approve/ Public Works Director 3B CONSENT CALENDAR - REDEVELOPMENT AGENCY Mayor Stubblefield abstained from Item 3A.1 because he was not present at that Council Meeting, Item 3A.4 was moved to the meeting of October 7, 2010 to enable all members of the Council be in attendance. Item 3A.6 was pulled for discussion due to a public request to speak. M/S/C (Mansperger/Di Memmo) moved to approve the balance of the Consent Calendar. Motion carried 4/0. Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: Stubblefield abstained from Item 3A.1 4. PUBLIC HEARING 4.1 Proposed Resolutions Annexing Property to Landscaping, Lighting and Park District No. 2, Annexation No.87 M/S/C (Mansperger/Potts) to continue Item 4.1 to the next scheduled council meeting of September 16, 2010. Motion carried 4/0, Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: None 4.2 RDA / Five -Year Implementation Plan for the San Jacinto and Soboba Springs Redevelopment Project Areas Ms Nitta Mosesman, Senior Associate RSG, Inc, and city consultant presented the staff report as well as a slide presentation. She said California Community Redevelopment Law, Health and Safety Code Section 33000 require all redevelopment agencies in the State to adopt and approve a five-year implementation plan for all redevelopment project areas. She said the plan can be used as a planning tool for agencies project plans and projects. She added that this plan does not constitute approval of the programs and expenditures. She said that the law requires the plan to contain components such as Goals and Objectives, Potential Projects and Programs, Estimated Expenditures, Correlate Projects to Goals, and Affordable Housing Compliance. Ms Mosesman said San Jacinto has two areas, the San Jacinto Project Area and the PACKET PAGE: 10 AGENDA ITEM 3A.2 Page 7 of 4 Soboba Springs Project Area, The San Jacinto Area has two separate areas the original one established in 1983 and an amended area in 1993. She said there separate time limits for each area. Ms Mosesman commented on the Agency accomplishments over the last five years such as the Estudillo Mansion Restoration, Down -Payment Assistance Program, Affordable Housing and the Community Center Rehabilitation Project, She said the 5 Year Non -Housing Work Program consists of Public Infrastructure Improvements, Facade Grant Program, Business Incentive Program, Downtown Specific Plan, Gateway Specific Plan, and the Business Retention and Attraction Program and has a total of $13,4 million in expenditures. Ms Mosesman saki the 5 Year Housing Work Program consists of Single Family Housing Rehabilitation Program, Enhanced Senior Grant Program/Mobile Home Park Maintenance, Down - Payment Assistance Program, Rental Housing Rehabilitation Program, and Developer Assistance Acquisition and Rehabilitation Program with a total of $5.2 million in expenditures. Ms Mosesman said the Housing Compliance Program has three major categories; Replacement Housing, Inclusionary Housing and Expenditures by Household Types. She said that Inclusionary Housing provides projections over the plan duration. She added that Agency has a surplus of low income units which will continue and that the Agency is in compliance with all affordable housing. Ms Mosesman said that RDA low requires low to moderate housing expenditures over the next ten years be 45% very -low income, 49% low income and 6% moderate income households, She said that expenditures for family (non -senior) be 60% and senior at 40%, Council Member Potts asked Ms Mosesman to elaborate on the Enhanced Senior Program and asked if there was something added or increased, Ms Mosesman that is just the name of the established program for the purpose to provide assistance for emergency repairs. Council Member Potts asked City Manager Hults if this was the program that was increased to five thousand dollars at a previous meeting. City Manager Hults responded yes, with the last budget it was increased from three thousand to five thousand dollars. Mayor Stubblefield thanked RSG and staff for the hard work and a good plan. Mayor Stubblefield opened public hearing at 7:40 p.m, and with no one wishing to speak closed the public hearing at 7:41 p.m, PACKET PAGE 11 AGENDA ITEM 3A.2 City Council Minutes September 2. 2010 Page 8 or14 M/S/C (Potts/Di Memmo) moved to approve RDA/ Five -Year Implementation Plan for the San Jacinto and Soboba Springs Redevelopment Project Areas. Motion carried 4/0. Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: None 4.3 Development Agreement No. 01-10 between the City of San Jacinto ("City") and Puente Holdings, LLC and PBJT 2008, LLC ("Owners") Applicant: Puente Holdings and PBJT 2008 6055 Abbotswood Row La Jolla, CA 92037 Council Member Mansperger abstained from this item because he resides in the Development. He left the dais at 7:42 p.m. Planning Director Hartei presented the staff report and showed a slide outlining the location of Tract 31186 known as Luz Del Sol. He said that the development had previously been owned by Shea Homes and was located on Ramona Expressway between Ramona Blvd and Sanderson Ave. He stated that Puente Holdings, LLC and PBJT 2008, LLC were the current owners who are seeking to add to the development. Planning Director Hartei said that Shea Homes built six homes and a park in the development in 2007 before the recession halted the project. initially the project was a 321 unit single family, residential subdivision. He said the new owners are seeking to enter into a Development Agreement to address the completion of certain public improvements, impact credits, and remaining fees due in connection with Tract 31886. Planning Director Hartei said on August 12, 2010 the Planning Commission recommended that the City Council approve the project. He stated that the Development Agreement has been further negotiated and refined by the City Manager and City Attorney with the owners since the Planning Commission hearing. He said the final version was handed out to the Council as a handout this evening. He added that the applicant is present if the Council had any questions for them. City Manager Hults said that the fee credits and completing the public improvements will only affect 151 lots; the remainder of the lots would not subject to the Development Agreement. He said prior to the first building permit the developer will provide 1.2 million dollars to be utilized for the completion of the Ramona Expressway. He said that money would be combined with TUMF money that the City Engineer has been successful in obtaining. He said in addition to that the city would agree to certain fee credits for improvements that are already completed, such as the park. He said a number of improvements were done to Ramona Blvd. as well as PACKET PAGE: 12 AGENDA ITEM 3A.2 Page 9 of 14 regional drainage improvements. He said the first 151 lots would be credited against fees associated with those improvements, He said in addition to that, at occupancy of the 151 homes the developer would pay the city a public development agreement fee of one thousand dollars per home, He added that the remainder of the lots would be subject to regular fee structure at that time. Council Member Potts commented that in the past there have been problems with the development community following through on promises. He asked if the city is assured in this Development Agreement that the proper infrastructure will be completed prior to occupancy, City Manager Hults said in this particular instance the developer is giving the City cash to do the improvements on the Ramona Expressway to ensure that it gets constructed, He said in regards to the improvements within the tract, all of the 151 homes would take access off Ramona Blvd which is completed. He said before the second phase would start Bridge Rd would be constructed. He said all the other improvements would be constructed at that time, Council Member Potts asked City Engineer Motagh if he is comfortable that that will happen with this agreement, City Engineer Motlagh saki that staff requested to receive the money up front to leverage with TUMF money to build Ramona Expressway, He said Ramona Blvd for the most part is complete, drainage, sewer and water is complete as is the park, He said he would recommend that council approve the Development Agreement. Vice Mayor Di Memmo asked City Engineer Motlagh how fast matching funds before RCTC. City Engineer Motlagh said that currently in WRCOG the city has some obligation for 2.5 million for Ramona Expressway, He said that his hope is that with the 1.2 million dollars the city can build from Sanderson to State St, on both sides including curb and gutter, He said the second part of Ramona Expressway from State St. to Lake Park Dr. would be in the future. He said the design has been started and the environment and aerial survey work is underway. He added that pending any unknown circumstances they could start construction next summer. City Manager Hults commented that in the event the developer does not make the full 1.2 million dollar payment within twenty-one months the Development Agreement will be cancelled. Vice Mayor Di Memmo asked what happened to the Development Agreement with Shea Homes. PACKET PAGE: 13 AGENDA ITEM 3A.2 City Council Minutes September 2. 2010 Page 10 of 4 City Attorney Ballinger responded that the Development Agreement with Shea Homes from 2005 has expired. Mayor Stubblefield asked if the developer has anything that will show the council what the homes would look like to ensure that they look nice and will fit in with what is already there. City Manager Hults responded that Planning Director Hartel could better answer the question however usually the developer would have to submit an application to the Planning Commission. Planning Director Hartel said it would need to go through the Development Plan process and go through the point valuation system that was developed a few years ago. He said one of the things that will be looked at will be the compatibility with the existing homes and the home owners will be notified of the development plan. Mayor Stubblefield opened public hearing at 7:53 p.m. and asked Steve Slagter from Puente Holdings if he had any questions. Steve Slagter, representing Puente Holdings and PBJT 2008, 6055 Abbotswood Row, La Jolla, CA said he had no questions however would be happy to answer any questions that the council might have, Mayor Stubblefield asked City Clerk Rick Miller if any written protests had been received, City Clerk Rick Miller responded that he had not received any. Mayor Stubblefield dosed public hearing at 7:55 p.m. Vice Mayor Di Memmo commented this is an exciting project and will bring additional homes and hopefully more jobs within the city. He said it is a good step, a cautionary step and is in favor of moving in phases. He added that hopefully the home designs will be aesthetically pleasing. He said the park was crowded when he drove by the development and it is a nice area. M/S/C (Potts/Di Memmo) moved to approve Development Agreement No. 01-10. Motion carried 3/0, Ayes: Di Memmo, Potts, Stubblefield Nays: None Absent: Ayres Abstain: Mansperger Council Member Mansperger returned to the dais at 7:57 p.m. PACKET PAGE 14 AGENDA ITEM 3A.2 Page n of 4 4.4 Maintenance of Building Sewer Laterals Ordinance 10-08 Public Works Director Mike Emberton presented the staff report. He said the sewer lateral policy has been in place for ten to twelve years and people have asked if it is backed up by an Ordinance. He said after some research it was found that there was never an Ordinance put in place to cover the existing policy. He said the current City policy is that service laterals up to the main collection line are the responsibility of the property owner. He explained that the sewer is connected from the main line to the home by a lateral, He said that main lines are cleaned routinely and there have been on overflows in a long time. He stated that occasionally an owner will have a blockage in the lateral from trees or grease which causes an overflow, Public Works Director Emberton said the city does not collect any revenue in the rate structure for servicing private laterals. He said research was done in other cities and this is a common practice. Mayor Stubblefield asked if this Ordinance states that the owner pays for costs of repair on the sewer lateral. Public Works Director Emberton said yes that is correct. Council Member Mansperger read from the City of San Jacinto Sewer Lateral Policy, fourth paragraph, fourth sentence; All repairs required will be paid for by the property owner regardless of fault Should the City be at fault, the property owner will be provided all necessary documentation to submit a claim reimbursement to the City. He asked if the City is clearly at fault would the property owner be reimbursed and not have to go through hoops. Public Works Director Emberton said in the two instances that have occurred were clearly the residents responsibility and the City has stepped up, Mayor Stubblefield opened public hearing at 8:00 p.m, and there being no one wishing to speak closed pubic hearing at 8:01 p.m. Vice Mayor Di Memmo commented that in the recent situation involving a blockage, Public Works Director Emberton and his staff went above and beyond and unplugged the clog at no cost to the property owner. He added that the property owner had received a quote of seven thousand dollars to make the repairs. M/S/C (Mansperger/Di Memmo) moved to approve Maintenance of Building Sewer Laterals Ordinance 10-08. Motion carried 4/0, Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: None PACKET PAGE: 15 AGENDA ITEM 3A.2 City Council Minutes September 2. 2010 Page 12 of 5. STAFF REPORTS 5.1 None Item 3A.6 was pulled from the consent calendar for discussion 3A.6 Cottonwood Avenue Improvements (west of State Street), CIP 09-002, authorization to advertise for bids / Approve / City Engineer City Engineer Habib Motlagh presented the staff report. He said this item is to authorize staff to start the bid process for the widening of Cottonwood from State St. to Manzanita. He said the improvements will be made on the south side of Cottonwood. He stated that the signal would be upgraded and several old trees would be removed and new 48" box trees planted. He said this project is in the CIP budget and if any adjustments were needed it would come back to the Council. Council Member Jim Potts asked City Engineer Motlagh what the status was regarding improvements on De Anza at State Street, City Engineer Motlagh said there should be authorization in January for that area. James Pangrazzi, 408 S. Kirby St, San Jacinto - said he has spoke with his neighbors about this project and most are in favor of it. He said it is hard to get out at Sandalwood and in the mornings efforts to go eastbound are hindered. M/S/C (/Potts/Mansperger) moved to approve CIP 09-002 authorization to advertise for bids. Motion carried 4/0. Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: None 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS Council Member Mansperger said he attended the Special Events Subcommittee meeting earlier in the evening. He said the dedication for Haflinger Park should happen in the next few weeks. Council Member Potts said that Public Works Director Emberton, Street Supervisor Barry Mulcock and himself went to the Leatherneck Museum earlier today to get ideas for mounting of the Howitzer that will be placed in Druding Park hopefully in October. He said he also attended the American Legion function honoring Boys and Girls State recipients Vanessa Ramos, Arnold Villatoro, and Micah Burbanks-Ivey. He said these are three wonderful people PACKET PAGE: 16 AGENDA ITEM 3A.2 Page 13 of representing the City. He said he would like to report that City Clerk Rick Miller has been very productive and asked him to give a quick report. City Clerk Rick Miller said on August 3`d his third son Michael Vincent Miller was born, he was albs 12 oz., 22 inches long, healthy. He said he had to go to Children's Hospital for a bit but was doing great. He added that his wife is doing great and they are happy to have him. Vice Mayor Di Memmo said he attended the Military Veterans and Active Duty Return Home event. He said it was a wonderful event and honored men and women of the military that did not come home, He said recently there was a deficiency in an agreement with a developer and asked if a policy could be generated or a flag in the system that would alert staff when something has not been paid. City Manager Huffs said he would work with Finance Director Connie Rogers - Elmore to ensure these types of things are caught and handled efficiently. Mayor Stubblefield had nothing to report Mayor Stubblefield recessed the regular meeting at 8:10 p.m. and reconvened in Closed Session at 8:15 p.m. 7. CLOSED SESSION 7A CLOSED SESSION - CITY COUNCIL 7B CLOSED SESSION — REDEVELOPMENT AGENCY 78.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 501 S. San Jacinto Avenue, San Jacinto, CA APN# 437- 076-001 and 437-076-002 Agency negotiator: Sharon Paisley, Economic Development Manager Negotiating parties: Eunice Lopez, Amigos Realty Under negotiation: Price and terms of payment 76.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 559 S. San Jacinto Avenue, San Jacinto, CA APN# 437- 076-003 Agency negotiator: Sharon Paisley, Economic Development Manager Negotiating parties: Danney Edward Ball Under negotiation: Price and terms of payment 78.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 554 Sherrif Avenue, San Jacinto, CA APN# 437-076-005 Agency negotiator: Sharon Paisley, Economic Development Manager Negotiating parties: Danney Edward Ball Under negotiation: Price and terms of payment PACKET PAGE: 17 AGENDA ITEM 3A.2 City Council Minutes September 2. 2010 Page 14 of 4 78.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 173 E. Main Street, San Jacinto, CA APN# 437-046-009 Agency negotiator: Sharon Paisley, Economic Development Manager Negotiating parties: Leticia Arciniega, Main Street Realty Under negotiation: Price and terms of payment 78.5 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 458 S. Jordan Avenue, San Jacinto, CA APN# 437-072-007 Agency negotiator: Sharon Paisley, Economic Development Manager Negotiating parties: Leticia Arciniega, Main Street Realty Under negotiation: Price and terms of payment 7B.6 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: La Entrada Median, San Jacinto, CA Agency negotiator: Sharon Paisley, Economic Development Manager Negotiating parties: Koka Lakshman, GK Urgi Care, Inc. Under negotiation: Price and terms of payment 8. ADJOURNMENT With no further business before the City Council, the meeting was adjourned at 8:50 p.m. ATTEST: Richard Miller, City Clerk City of San Jacinto Dale Stubblefield, Mayor Approved as read. Approved as amended PACKET PAGE: 18 AGENDA ITEM 3A.3 October 7, 2010 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk SUBJECT: Minutes from September 16, 2010 - Regular Meeting RECOMMENDATION: Staff recommends that the City Council, by motion, approve the minutes of the September 16, 2010, Regular City Council meeting. ATTACHMENTS • Minutes of September 16, 2010 PACKET PAGE: 19 AGENDA ITEM 3A.3 MINUTES REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND REDEVELOPMENT AGENCY September 16, 2010, 7:00 p.m. 625 S. Pico Avenue San Jacinto Community Center, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order Mayor Pro Tempore Jim Potts called the regular meeting of the San Jacinto City Council and Redevelopment Agency to order at 7:05 p.m. 1.2 Roll CaII Present: Jim Ayres, John Mansperger, Jim Potts Absent: Steve Di Memmo, Dale Stubblefield M/S/C (Ayres/Mansperger) moved to excuse the absence of Mayor Stubblefield and Vice Mayor Di Memmo. Motion carried 3/0, Ayes: Ayres, Mansperger, Potts Nays: None Absent: Di Memmo, Stubblefield Abstain: None 1.3 Invocation Pastor Gene LaveII, Mountain View Baptist Church gave the invocation. 1.4 Pledge of Allegiance Council Member Mansperger led the Pledge of Allegiance. 1.5 Special Presentations 1.5.1 Recognition of City Employees that assisted injured citizen Public Works Director Mike Emberton spoke about the man on the bicycle that was overwhelmed by heat exhaustion and how three Public Works employees assisted him. Public Works Director Emberton asked Dave Carrico, Frank Zafidvar, and Jose Vilchis to come forward, Mayor Pro Tempore Potts read the certificates and congratulated them for their outstanding actions. He said these men are heroes, people who take the time to stop and help because most people just drive by. He said he and the entire council are proud of them. PACKET PAGE 21 AGENDA ITEM 3A.3 City Council Minutes September 16. 2010 Page 2 of 13 2. PUBLIC COMMENTS: 2.0 Public Comments Karri Jones, Patsy's Country Kitchen, 1221 N. State St., San Jacinto — said she is upset because she was told before signing the lease there was a program for tenant improvements. She said many of her customers at her Banning location urged her to open in San Jacinto, Ms Jones commented that she has had sixty to eighty people asking for jobs and she would like to get the restaurant up and running. She added that San Jacinto is losing out because of jobs and revenue. Ms Jones said originally she had been told there were funds and now she is being advised that there are none, She asked why the program could not be implemented. Russ Utz, San Jacinto Chamber of Commerce, 490 S. Sheriff, San Jacinto — said the San Jacinto Chamber of Commerce is celebrating their second annual Birthday Bash on September 25, 2010 at the Portofino Ranch. The tickets are twenty-five dollars per person and forty dollars per couple. He added there is additional information at the chamber offices, James Pangrazzi, 408 S. Kirby St, San Jacinto, CA - said at the last meeting a woman from the neighborhood named Elizabeth spoke and brought up the sidewalks and the visibility of curbs. He said since then the curbs have been painted white and that should help. He said the same problem exists on Cottonwood and urged Public Works to look at that street as well, Mr. Pangrazzi commented that Elizabeth stated that the volume of traffic on Kirby is not sufficient to warrant a traffic signal however the Traffic Survey suggests that it is. He added that the money is there and there is enough space so it should be built. Don Leslie, 1793 Messina Dr., San Jacinto - said approximately eight months ago he contacted the Public Works Director and the Police Chief regarding Van Fleet and Commonwealth. He said there is absolutely no place to park because of the red curbs. He asked if there could be a sign posted that allowed parking on Saturday and Sunday when school is not in session, He added that he is forced to park two blocks away when he wants to visit his niece. 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 3A.2 Minutes from September 2, 2010 - Regular Meeting / Approve / City Clerk 3A.3 Homeland Security Grant Program / Approve / Interim Finance Director PACKET PAGE 22 AGENDA ITEM 3A.3 Page 3 oft 3 3A.4 Second reading of Ordinance No. 10-07regarding Development Agreement No. 01-10 between the City of San Jacinto ("City") and Puente Holdings, LLC and PBJT 2008, LLC ("Owners") / Approve / Planning Director. Applicant: Puente Holdings and PBJT 2008 6055 Abbotswood Row La Jolla, CA 92037 3A.5 Second reading of: Ordinance No. 10-08: amending Ordinance No. 13.20. relating to Sewer Service Systems Generally / Approve / Public Works Director 3A.6 Warrants and Disbursements — August 2010 / Approve / Interim Finance Director 3B CONSENT CALENDAR - REDEVELOPMENT AGENCY Items 3A.2 and 3A.4 were continued to the next regular council meeting of October 7, 2010. M/S/C (Mansperger/Ayres) moved to approve the balance of the Consent Calendar. Motion carried 3/0, Ayes: Ayres, Mansperger, Potts Nays: None Absent: Di Memmo, Stubblefield Abstain: None 4. PUBLIC HEARING 4.1 Proposed Resolutions Annexing Property to Landscaping, Lighting and Park District No. 2, Annexation No.87 Deputy City Attorney Haviva Shane commented that they city was waiting for information from the county and suggested this item be tabled and re - noticed at a later date. M/S/C (Mansperger/Ayres) to table Item 4.1 to a later date yet to be determined. Motion carried 3/0. Ayes: Ayres, Mansperger, Potts Nays: None Absent: Di Memmo, Stubblefield Abstain: None PACKET PAGE 23 AGENDA ITEM 3A.3 City Council Minutes September 16. 2010 Page 4 of 13 4.2 Urgency Ordinance 10-09 / Urgency Ordinance Establishing Time, Place and Manner Restrictions on Registered Sex Offenders on Halloween / Approve / City Attorney Mayor Pro Tempore Potts explained that because this is an Urgency Ordinance a 4/51vote would be required to pass it. He said since there are only three council members present it would need to be continued to the next meeting of October 7, 2010. He added that because there are people in attendance who came to speak on the issue it would be fair to allow them to make their comments if they wished. Fred Rodriguez, 1093 Commonwealth Ave., San Jacinto - said he was here because he wanted his comments to be on the record. He said in his opinion, anyone who hurts a child is the lowest form of human being and calling them animals is not good enough. He said that in reading the Ordinance he has concerns about how it will be enforced and liabilities. He said that the City Attorney mentions legal ramifications regarding Ist amendment rights, He added that he does not want to see a child predator get rich because his rights are violated. He suggested that alternatives be looked at such as making the parents aware by passing out flyers pointing out where the sex offenders live. He urged the council to consider the ramifications, Council Member Mansperger said he shares the same concerns and has two daughters of his own. He said he looks at the Megans Law website and chooses areas where there are no offenders living to take his daughter on Halloween. He said his concern is that this Ordinance might give parents and children a false sense of security, He said he can't support this Ordinance right now and that Mr. Rodriguez is correct, it could potentially cost the city money. Frank Gorman, Valley Watch, 800 E. Florida Ave., Hemet - said he does not want the city to be sued and lose money in a lawsuit, He said the City of Orange has enacted this Ordinance and to date has had no legal issues that he is aware of. He said in today's world, you see kids running everywhere that don't have parents watching them, He said it would be nice if all parents took their children and walked with them. Mr, Gorman said this Ordinance would also protect the sex offender, as he would not be able to interact with kids and go back to jail. He said everyone on the Megans Law website are hard core sex offenders. He said as a citizen that wants to protect kids, it is imperative that we do whatever we can, He added if one kid is saved from being molested it is worth it, Mr. Gorman said Valley Watch is working to educate people about Megans Law. He added that Supervisor Stone has been supportive and he is bringing it before the Board of Supervisors. Council Member Mansperger asked if the county enacted the Ordinance would it protect the city. PACKET PAGE 24 AGENDA ITEM 3A.3 Page 5 of 13 Deputy City Attorney Shane said it would only apply to areas in the county not San Jacinto City limits. Mr, Gorman said Supervisor Stone asked for a copy of San Jacinto Ordinance if it is approved, He said if the city does not elect to adopt this, could they make sure a notice is sent to all registered sex offenders and tell them that the City discourages them from attracting kids to their residence with decorations. He added that there are eighty-seven registered offenders in San Jacinto. Council Member Ayres asked Mr. Gorman if he has discussed this subject with Valley Wide. Mr, Gorman responded that he has not discussed the Ordnance with Valley Wide; however he has discussed RAD Kids with them, He said Valley Watch is in process of training twenty instructors to teach kids how to get away from predators and teach parents how to recognize these dangers, Mayor Pro Tempore Potts asked Deputy City Attorney Shane if Pubfic Hearing should be opened. Deputy City Attorney Shane responded that this was not a noticed item so they were free to discuss it without opening Pubfic Hearing, Council Member Ayres said he was taken aback by Supervisor Stone wanting to do this in the county. He said there are about two million offenders in the county and it would be hard to enforce, Council Member Ayres said he feels like the City of San Jacinto is being set up as a social guinea pig, being asked to commit to an Urgency Ordinance at such a late date, He said he does agree that this could place the city at liability and that is not right. He commented that Mr, Gorman's program, Valley Watch is very good and is a great benefit to children and parents. He stated that some of the responsibility should fall on the parents. He said he would like to see more from the City Attorneys office on this item, Mr. Gorman said he does not think the Ordinance could be policed at this time; it is something that will take a while. He said he just heard about this Ordinance and about the City of Orange adopting it. He said he does not want children to go to registered offenders residences. Council Member Mansperger said it is his understanding that if a sex offender is conversing with a child, he is guilty of violating probation. He suggested that Valley Watch send a letter to the offenders to let them know the will be watched. He stressed again that the Ordinance would give a false sense of security to parents and children. PACKET PAGE 25 AGENDA ITEM 3A.3 City Council Minutes September 16. 2010 Page 6 of 13 Deputy City Attorney Shane said it is possible that once probation is completed they may not be in violation, Mayor Pro Tempore Potts suggested that they might be discussing this item in depth too much because all five council members are not here, He said it might be best to continue this with a full council, Council Member Mansperger said if the offenders are not following the law they would not care about this Ordinance_ Mr, Gorman said this is one more tool for parents to use to protect the kids. He said Valley Watch would send flyers to every offender in the city, Council Member Ayres asked if Mr, Gorman has gone in front of the Hemet City Council to speak, Mr, Gorman said he is meeting with the Hemet City Manager next week. He said he does not want to see the City of San Jacinto be liable and if this is not feasible, then vote no on it and maybe it can be looked at next year with different scenarios, Mayor Pro Tempore Potts said he would ask the City Attorney to look at this in more depth for the next meeting, Council Member Ayres suggested that the Public Safety Subcommittee meet about this and review the item prior to coming back to the council. M/S/C (Mansperger/Potts) to continue Item 4.2 to the next regular scheduled meeting of October 7, 2010. Motion carried 3/0, Ayes: Ayres, Mansperger, Potts Nays: None Absent: Di Memmo, Stubblefield Abstain: None 5. STAFF REPORTS 5.1 Western Riverside Energy Leader Partnership Program Update / Receive and File / Barbara Spoonhour, Program Manager, WRCOG Ms Barbara Spoonhour, Program Manager for WRCOG presented the staff report and gave a presentation. The full presentation is on file with the City Clerk, She said that the agreement between WRCOG and Southern California Edison provides rebates for residential customers in eleven jurisdictions, She said the direct install program is offered free by Edison. She said the participants are the small mom and pop locations and there are 504 eligible properties in the City of San Jacinto, She added that the audit will take about five to ten minutes and can provide many energy saving tools for businesses. Ms PACKET PAGE 26 AGENDA ITEM 3A.3 Page 7 of 13 Spoonhour said she is here marketing the program and to get the city's support and provided materials to the council members, Council Member Mansperger asked what the catch was. Ms Spoonhour said there really is no catch, the utility rate payers pay for this, it is a gift back from the Public Utility Commission, through Edison. Mayor Pro Tempore Potts asked why no franchises are included in this program. Ms Spoonhour said this is just for the mom and pop stores, Alonzo Ledezma, 168 Solana, San Jacinto - said approximately one year ago this program was issued but he missed it. He said that everyone else in his building has this and he has been waiting for a bill, but has never received one. He added that this is a great program. Ray Hicks, Southern California Edison said the reason the franchises and larger businesses are not eligible is that they get assistance through other programs, Council Member Mansperger asked how soon this would take effect and how long the process would be. Ms Spoonhour said this program would start on October 1, 2010 and run through the month, She added that she hopes the City of San Jacinto will endorse this with a letter from the mayor. No action was required 5.2 EMWD Request to Modify Conditions for Eagle Road Closure, Idyllwild Drive Closure / Discuss / Interim City Manager, City Engineer City Manager Tim Hults said this is a request to amend the encroachment permit that authorized the road closure of Eagle Road and partial road closure Idyllwild Drive. The closure of Eagle Road was to occur during the summer months and the partial closure of Idyllwild Drive during the same time frame, He said this project started in March of this year, and when the City Engineers office noticed that the project would not be completed during the time frame the contractor would need an amendment to seek additional time. He stated that Eagle would be closed between Idyllwild and Wimbledon for a short time and that traffic be diverted down Wimbledon to Baker, He added that Idyllwild would be closed during the holiday season when school is not in session, City Manager Hults commented that the council approved the original road closure and staff is asking for direction. PACKET PAGE 27 AGENDA ITEM 3A.3 City Council Minutes September 16. 2010 Page 8 of 13 Council Member Mansperger asked if the portion along Eagle would be done during the holidays also, City Manager Hults said that Idyllwild would be done during the holiday season and Eagle road closure would be fairly short, Council Member Mansperger asked how long that would be, City Manager Hults responded that it should take approximately thirteen days. Council Member Mansperger asked if there was a way to schedule the work after school hours, He said Idyllwild cannot be done during school hours. Mayor Pro Tempore Potts commented that everyone is a little disappointed that this project did not go as expected. He said there are times when something comes up, but it never seems to get done. He said it is the council that takes the heat for the issues, not the contractor or EMWD, James Wyatt, Field Engineer for EMWD, 2707 E. Devonshire, Hemet — said he is disappointed that the job has not been completed, He said that he called the vice president when the city called EMWD and he saw that the project was not going to get done. He added that the general superintendent that started this project is very experienced but unfortunately he is out on sick leave. The contractor assigned a junior staff member to complete the project and it did not work, Council Member Mansperger asked if it was thirteen days for sure, Mr, Wyatt said it is twelve days, Council Member Mansperger asked if that gives the contractor a little leeway for rain or other problems that arise. He said one of his issues with the contractor is the little things that irritate people, like a backhoe driving 10 mph down the street and doesn't pull over, He said it's a nothing thing, but it gets people upset especially when it is school time and you have to get your child there. He commented that the work that was done for the school district during the Christmas holidays was great. He said he gets called whenever streets are closed but said he believes the council has to support this but EMWD's phone number should be posted for people to call if they have issues, Council Member Ayres said he thinks EMWD has done a terrible job; Lyon Ave was torn up two times to put a water line in after the city had repaved it. He said the shopping center on the corner of Ramona Expressway and State Street was held up because the contractor did PACKET PAGE 28 AGENDA ITEM 3A.3 Page 9 of 13 not complete the work on time, He commented that EMWD is asking the council to close Eagle for twelve days and asked if EMWD was willing to pay damages to the city if the project is not completed within that time frame. He said this project was supposed to be completed in the summer and now they are asking to work during the Christmas break, He stated what happens if it is not done by the end of Christmas break, there are seven thousand kids that go to school in that vicinity that will be and have been impacted because EMWD's contractor can't get the work done, He said he does not support this as it is, but would support option number two with modifications. He said this is the historical pattern with EMWD and their contractors, He stated that he was sorry that a junior guy was put in charge but the council can't dictate that, however they can dictate whether they move forward with this amendment, He said Idyllwild was just repaved and now it will be torn up and have to be repaved again, He said there is no guarantee that the work will get done within the twelve days. He commented that this item needs to be re -addressed and modified in the interest of the city and the students. He added that the city has heard the excuses from EMWD for eleven and a half years, Mayor Pro Tempore Potts asked if notices were sent to all the neighbors. City Manager Hults said notices were sent to residents in the areas that would be affected, He said the notices were sent on September 8, 2010 and the residents were noticed about this meeting as well. He said the notices had Mr, Wyatt's information on them, Mayor Pro Tempore Potts asked Dave Ross from the Engineering department what kind of complaints has the department been receiving about the contractor and the actual work, He asked if the contractor seemed professional, Dave Ross, City Engineering Department said yes and no, He said because of the unknown underground utilities it was somewhat of a slower pace. Mayor Pro Tempore Potts commented that the contractor's calculations on the time it would take to complete the project were incorrect, Mr, Ross said yes that was basically the issue. Mayor Pro Tempore Potts asked if this contractor had done work for the city before and if Mr. Ross had worked with them before, Mr, Ross said he has worked with the contractor before but not in San Jacinto. PACKET PAGE 29 AGENDA ITEM 3A.3 City Council Minutes September 16. 2010 Page 10 of 13 Council Member Ayres asked if it was twelve calendar days or school days. Mr, Ross said it was stated as calendar days, Council Member Ayres asked if most contracts have a start date and a finish date, Mr, Ross responded that is the normal agreement. Council Member Mansperger said that the contractor had the window for summer break to do this project and asked why didn't they do that section and then move on, Mr, Wyatt said that is the way he would have scheduled it but this is where the inexperience comes into play, Council Member Mansperger said if these twelve days were granted and they did not finish in time the contractor should be penalized, Mr, Wyatt said the council can condition the permit and EMWD can pass it on to the contractor, Council Member Ayres said that was done the first time and now it's back again, and what is to say it won't come back a third time, He said that he would only support number two. Mayor Pro Tempore Potts asked Deputy City Attorney Shane what modifications could be put on the amendment that would motivate the contractor, Deputy City Attorney Shane said if the city is damaged by the delay a fee could be assessed as long as it is not punitive, Mayor Pro Tempore Potts said he is open to a motion but he agrees that number one is not acceptable, Council Member Mansperger asked for confirmation that the agreement would be for Eagle and Idyllwild both, Mayor Pro Tempore Potts commented that a lot of the residents on Eagle will be upset because a lot of traffic will be shifted down there. He asked if there was anyone in the audience who would be affected by this project that would like to speak, Jim Pangrazzi, 408 S. Kirby St., San Jacinto — said that the council should take into account how many people use the library at the high school, Mr. Pangrazzi said Dianna at the San Jacinto Library said eight PACKET PAGE 30 AGENDA ITEM 3A.3 Page 11 or 13 to nine hundred people attend the Library daily and attendance might increase if the Hemet Library closes, He added that this should be done during the summer; this is not a good time. City Manager Hults said he asked Dave Ross, in his experience what the Engineering Department has done with similar types of encroachment permits such as this, He said a $1,250 per day fee could be assessed for extension of the encroachment permit. Mayor Pro Tempore Potts asked the Deputy City Attorney reasonable amount. that was a Deputy City Attorney Shane commented that appears to be reasonable if there is any impact on the city. Mayor Pro Tempore Potts said he believes all three council members agree that number one is out of the question. He said if they went with number 2 there would be a clause that would cover damages. Deputy City Attorney Shane said it would not be for damages it would be the cost of the permit with the daily amount added for extensions. Council Member Mansperger said the issue is with the school and the times that the students are arriving and leaving. Council Member Ayres said he has reviewed the times when school's are out and there are many cars up and down Idyllwild. He said this should have been done in the summertime, He asked Deputy City Attorney Shane if the council can arbitrarily use the amount suggested right now, Deputy City Attorney Shane said it has been used in the past so they could use Option two and impose a fine of $1,250 per day after the 12th day, Peter Odencrans, EMWD — said he realizes the frustration and sometimes problems do have issues, but one thing that has been overlooked, He said the project that is disrupting the street is part of the recycled water program and it will beneft San Jacinto citizens, Council Member Ayres said he understands that and it was understood a year ago when the project started, He said the city is being impacted again and again and the contractor is still not done, Council Member Mansperger said it is true that the city is being impacted again and the council does not want them to have to come back again. He said the majority of the recycled water is going towards ponds and probably benefits a farmer more than anyone else. PACKET PAGE 31 AGENDA ITEM 3A.3 City Council Minutes September 16. 2010 Page 12 of 13 M/S/C (Ayres/Mansperger) to approve the amendment to modify the encroachment permit with the stipulation $1,250 per day past the 12th day. Motion carried 3/0, Ayes: Ayres, Mansperger, Potts Nays: None Absent: Di Memmo, Stubblefield Abstain: None 5.3 Planning Commission terms set to expire in October 2010 / Discuss / City Clerk City Clerk Rick Miller presented the staff report saying that the Planning Commission has two Commissioners whose terms expire in October of 2010. He said they are Chairman Steve Warneke and Commissioner Larry Pellerin. He stated that after reviewing the Municipal Code and the Planning Commission Bylaws and neither specify that a Planning Commission seat is automatically vacated when a term expires. Because there is an election coming in November up staff is looking for direction. He asked if the council would like to postpone searching for new Planning Commissioners or extend their terms until after the election. Mayor Pro Tempore Potts said there will definitely be two new Council Members in November. He said the two Planning Commissioners have done a great job and it is his hope they will be around. Council Member Mansperger said he agreed that Steve Warneke and Larry Pellerin were outstanding. M/S/C (Ayres/Mansperger) to approve that Chairman Steve Wameke and Commissioner Larry Pellerin stay in place until the new council is seated. Motion carried 3/0. Ayes: Ayres, Mansperger, Potts Nays: None Absent: Di Memmo, Stubblefield Abstain: None 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS Council Member Ayres apologized for not being at the last council meeting. He said his son played his first football game for San Jacinto High School. He said they lost but it was a great game. Council Member Mansperger said he had the honor of attending the Chamber of Commerce mixer at Hanger 1 at Ryan Field in Hemet. He said it was well attended and San Jacinto is doing well. PACKET PAGE 32 AGENDA ITEM 3A.3 Page 13 013 Mayor Pro Tempore Potts thanked all the staff, especially Public Works Director Mike Emberton and his staff for the preparations for the 9-11 ceremony. He said it was uplifting. He said he was also at Hanger 1 and it was a good event. He thanked Police Chief Sue Trevino for her and her staffs help. He attended the Water Subcommittee meeting and said that San Jacinto is participating in how to recharge the basins. 7. CLOSED SESSION 7A CLOSED SESSION - CITY COUNCIL 78 CLOSED SESSION — REDEVELOPMENT AGENCY There are no Closed Session items on the agenda. 8. ADJOURNMENT With no further business before the City Council, the meeting was adjourned in honor of the victims of 9-11, and all of the Police and Fire that died trying to help them at 8:43 p.m. ATTEST: Richard Miller, City Clerk City of San Jacinto Jim Potts, Mayor Pro Tempore Approved as read. Approved as amerded. PACKET PAGE: 33 AGENDA ITEM 3A.4 October 7, 2010 TO: The Honorable Mayor and Members of the City Council FROM: Bernard Simon, City Treasurer SUBJECT: Treasurer's Report at August 31, 2010 RECOMMENDATION: Receive and File Treasurer's Report for August 31, 2010. BACKGROUND: The Treasurer's Report is required to be presented to the governing body at least quarterly in accordance with California Government Code Section 53600 et, seq. DISCUSSION: Total Cash and City Investments increased 0,06% during the month, This includes cash, cash in bank and cash with trustee. The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all of our accounts. A section demonstrating compliance with the adopted Investment Policy, a schedule of CDs, and a chart depicting historical interest rates for certain positions is also included, FISCAL IMPACT: None. ATTACHMENTS: Treasurer's Report for the month ending August 31, 2010, PACKET PAGE 35 L£ :39Vd 13)IOVd TREASURER S REPORT FOR THE MONTH ENDING AUGUST 31, 2010 INVESTMENT INSRTUTION INTEREST PURCHASE MATURITY PREV MONTH CURRENT Nom peisr MARKET ACCRUED TYPE SERIAL RATE YIELD DATE DATE BALANCE BALANCE month VALVE INTEREST STATE POOL 0 624% CI 525% riotous Open 16 STATE POOL 0824% CI 425% %%IOUS Open nY 555m6.a06 L b5b675.Poo 56.a0 MONEY MARKET 0onk of Hemel 0000% CI 602% rionsuo Open Open La DEMAND Account Bonk Of Hemel 0 000% VallOUS Openb a613516 M 5 5353025 53 PAYROLL Account flank of Hemel 0000% V4TIOUS Open MONEY MARKET S 11 250 M 5500t,3+] a5Wt215 $0 CDs RabOtefik 341101.13 bayous53535- 41 5?b9 Coorn in FLOC Cm riarvuo SD WO M 50 Cash on Hand 0000% 04W% Va+loua rva 5%50 M W$850 000% SG5650 50 TOTAL CITY INVESTMENTS & FUNDS 0782% 0]Ba% $55. 64,1N 534N] RESTRICTED CASH WITH FISCAL AGENT IBOHO wnPSI ifIlStee Molval evnd Union Bonk Ellackesme 444/ T Fund XXXXXX5201 0000% CI OW% rionsuo Open 50 (Mt.5nm mutual Fund Union Bank BlaCklOCA PIOY T-Fund X30000(5202 0040% 0 040% VallOUS Open a0 almsa3 Maya! Fund Mnpon 04414 61%kIndo Polo T Fund XXXXXX5203 0000% CI C00% riariaso Open 30 30 mutual Fund Jam Bank BIOCIIIOCk PIOY luntl 511,590 5tl$56 Agency 0a $760,000 5]Po,000 Mutual Duna Union Bank BlaCMIOCk P102 T-FUnd XXXXXX5200 0 040% 0 0,10% erotism Open b, 5266 4 5266 Mensal Fund Union Bank BlaCklOCA PIOY T-Fund X30000(5401 0040% 0 040% Various Open 5651175 5616,401 527 527 mutual Duna Union Bank Medusa PIOY T F Und XXXXXX5406 0 040% 0 040% Various Open MI 365 Mutual Duna Union Bank BlaCMIOCk P102 T-FUnd XXXXXX5502 0 000% 0 000% 'Mavis Open SO 30 mutual uaUM Union Bank BlaCklOCA PmXXXXX0 e. T-Fund X5506 0040% 040% Various Open S24 175 524175 IM:+s9m 631 4106,543 50 SO bo 411E90 4764.750331 5A]50 5266 a0 bs✓66224 to 401 50 S9 50 8146.70050 50 ba 40 a0 SO sa D TOTAL CFO NO 2 a+s9Yv4 uBm,Tv 1274% 51ez5,463 a4,750 INTO TOTAL CASH WITH FISCAL AGENT Od9+,OS1 i),+9],396 N,ID3,0)6 14,750 TOTAL ALL FUNDS $34,352 Level invesimonts ores one So1A 53 6. Cave+em 1 g mss 100% I% Ye5 C. $0➢W m Medium Term Notes 20% 0% Yes E 16 Prepared Ey ACCOURLIN Manager PVC W311 VGN3OV 8E :39Vd 13)10Vd Page 2 TREASURER'S REPORT FOR THE MONTH ENDING AUGUST 31, 2010 7/31/2010 8/31/2010 % change 8/31/2010 COMPUTED INVESTMENT INSTITUTION INTEREST PURCHASE MATURITY PREV. MONTH CURRENT from prior MARKET ACCRUED TYPE SERIAL# RATE YIELD DATE DATE BALANCE BALANCE month VALUE INTEREST Repurchase Agreements 10% 0% Yes F $0 Time Deposits 25% 20% Yes G $11,601,013 Mutual Funds (Limited to U.S. Treasuries) 18% 4% Yes H $2,437,285 Mutual Funds (Limited to U.S. Govt. Sec.) 18% 0% Yes I $0 Level 2 - Investments Money Market Funds (non -brokered) 20% 0% Yes J $0 LAIF 90% 32% Yes K $19,043,081 CAMP (pool account) 50% 0% Yes L $251,773 Cash & Demand Accounts n/a n/a n/a M $25,238,520 I CERTIFY THAT THESE INVESTMENTS COMPLY WITH ALL STATE LAWS PERTAINING TO THE INVESTMENT OF LOCAL AGENCY FUNDS AND THE CITY OF SAN JACINTO'S INVESTMENT POLICIES. CITY OF SAN JACINTO MEETS OR EXCEEDS THE SIX MONTH CASH FLOW REQUIREMENTS AS PER GOVERNMENT CODE 53646(b)(3). BERNARD SIMON, TREASURER City of San Jacinto $59,331,672 17'VE W311 VON39V Prepared By: General Accounting Manager 9/22/2010 6£ :3DVd 13)I0Vd City of San Jacinto Schedule of Certificates of Deposits 813112010 Gomputed Interest Principal Accrued Term Rate Yield Open Date Maturity Amount Interest Balance Interest Bank of Hemet 161658725 36 Months 2.24% 2.263% 9/28/2009 9/28/2012 500,00000 10.344.79 510.34479 139.65 161659525 36 Months 2.13% 2.151% 10/15/2009 10/15/2012 500,00000 8,941.28 508941.28 525.39 161662525 24 Months 2.04% 2.059% 11/27/2009 11/27/2011 500,00000 7,68099 507.68099 167.34 161663325 36 Months 2.17% 2.192% 11/27/2009 11/27/2012 500,00000 8,17399 508.17399 174.48 161664125 24 Months 1.96% 1.978% 12/22/2009 12/22/2011 500,060.00 6,561.75 505.56175 298.25 161672225 24 Months 174% 1754% 2/22/2010 2/22/2012 500,000.00 4,329.78 504.32978 261.89 161673025 36 Months 2.04% 2.059% 2/22/2010 2/22/2013 500,00000 5,079.45 505.07945 303.88 161675725 24 Months 1.71% 1.723% 3/22/2010 3/22/2012 500,00000 3,594.25 503,594.25 253.25 161681125 24 Months 1.71% 1723% 4/20/2010 4/20/2012 500,000.00 2,86393 50286393 294.82 1616831325 36 Months 201% 2.029% 4/20/2010 4/20/2013 500,00000 3,36765 503,367.65 345.27 1616181325 24 Months 1.67% 1.683% 5/20/2010 5/20/2012 500,000.00 2,107.61 502.107.61 281.42 161691925 24 Months 164% 1.652% 6/17/2010 6/17/2012 500,000.00 1,371.35 501.371.35 336.98 4921004325 24 Months 161% 1.622% 7/19/2010 7/19/2012 500,000.00 66164 50066164 299.89 4921010825 36 Months 1.93% 1.947% 7/19/2010 7/19/2013 500,000.00 793.15 500793.15 359.49 4921015925 24 Months 1.46% 1.470% 8/162010 8/16/2012 500,000.00 - 560.000.00 304.17 4921020525 36 Months 1.77% 1.784% 8/162010 8/16/2013 500,060.00 500.000.00 36875 1.86% 1.88% 8,000,06000 6587161 8,065.871.61 4,714.92 Rabobank 5368512979 No 1 36 Months 1.90% 1.917% 9/9/2009 9/9/2012 500,000.00 8,88510 508.885.10 5368512979 No 2 36 Months 2.00% 2.018% 12/21/2009 12/21/2012 500,000.00 6,789.83 50678983 5368512979 No 3 24 Months 170% 1713% 1/25/2010 1/25/2012 500,000.00 5,027.03 505027.03 5368512979 No 4 36 Months 2.00% 2.018% 1/25/2010 1/25/2013 500,000.00 5,918.63 50591863 5368512979 No 5 36 Months 2.00% 2.018% 3/22/2010 3/22/2013 500,00000 4,264.34 504.264.34 5368512979 No 6 36 Months 2.00% 2.018% 5/20/2010 5/20/2013 500,000.00 2,559.71 502.55971 5368512979 No 7 36 Months 2.00% 2018% 6/17/2010 6/17/2013 500,000.00 1,696.23 501.696.23 TOTAL 591.59 302.73 160.49 19274 277.14 327.77 406.31 1.94% 1.96% 3,500,06000 35.14087 3,535.140.87 2,25877 11,500060.00 101 01248 11,601 012.48 6,973,69 6'V£ W311 VGNBDV AGENDA ITEM 3A.4 Interest Rates - 9/07 to 8/10 O I v a a < <o 0 _1m aEt I I I co N O 01/8 06/L 01/9 06/S 01/b 01/2 06/Z 06/6 60/Z 6 60/ 11 60/0 6 60/6 60/9 60/L 60/9 60/S 60/b 60/2 60/Z 60/ I 80/Z 6 80/ 11 80/0 6 80/6 80/9 80/L 80/9 80/S 80/b 80/2 80/Z 80/ I L0/Z 6 L0/ 11 L0/0 6 L0/6 PACKET PAGE: 40 AGENDA ITEM 3A.5 October 7, 2010 TO: The Honorable Mayor and Members of the City Council FROM: Connie Rogers Elmore, Interim Finance Director SUBJECT: FY 2009-2010 Annual Donations Report RECOMMENDATION Staff recommends that the City Council receive and file the FY 2009-2010 Annual Donations Report. SUMMARY In adherence to the City's Fiscal Policy regarding Donations; Section C, 2. a Cash Gifts; requiring that the City Council receive periodic reports, not less than annually, accounting for receipts and expenditures of donated funds, the following FY 2009-2010 Annual Donations Report is prepared for review and fling Cash Donations: $1,684 Young California Homes $1,500 Walmart $ 500 CR&R $ 500 BB&K $ 500 SCE $ 500 TriLake Consultants $ 250 Albert Webb Assoc's $ 250 Robertson's Ready Mix Non -Monetary Donations: $2,500 Estimated Value $2,500 Estimated Value $ 200 Estimated Value $ — De Minimis Value Fth of July Event (2009) 4th of July Event (2009) 4'h of July Event (2009) 4th of July Event (2009) 4th of July Event (2009) 4th of July Event (2009) 4th of July Event (2009) 4'h of July Event (2009) D. Bergeron — Merchant Marine Bell Walmart — Police - 5 TVs Walmart — Community Ctr. Bookcases N. Wooldridge — Cabinet/Projector Screen FISCAL IMPACT Above donations were recognized in FY 2009-2010 ATTACHMENTS None PACKET PAGE: 41 AGENDA ITEM 3A.6 September 2, 2010 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hartel, Planning Director SUBJECT: Second reading of Ordinance No. 10-06 regarding Change of Zone 1-10, Planned Unit Development 1-08, and Development Plan 3-08 for a 24-unit residential condominium project on Idyllwild Drive. Applicant: David Balian 6732 Selma Ave, Los Angeles, CA 90028 RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No, 10-06 approving Change of Zone 1-10, Planned Unit Development 1-08, and Development Plan 3-08 and by further motion read by title only: An Ordinance of the City Council of the City of San Jacinto, California, approving a Change of Zone from Multi -Family Residential (R-3) to Multi -Family Residential Planned Unit Development (R-3-PUD) for Case Nos. CZ 1-10, PUD 1-08, and DP 3- 08 located on the north side of Idyllwild Drive east of Penny Lane, BACKGROUND: On August 5, 2010, Council approved the introduction and the first reading, by a 2-1 vote, of Ordinance No. 10-06 for Change of Zone 1-10, Planned Unit Development 1- 08, and Development Plan 3-08 as part of a project for twenty-four (24) two-story residential townhome units on 1.86 acres located on the north side of Idyllwild Drive, east of Penny Lane. Council also approved Tentative Tract Map No. 35781, a one -lot subdivision map for residential condominium purposes. This item was continued from the September 2, 2010 City Council meeting to October 7, 2010 in order for the full council to be available, PACKET PAGE 43 AGENDA ITEM 3A.6 DISCUSSION: On August 5, 2010 the City Council conducted a hearing on the above project following the Planning Commission's July 8, 2010 recommendation, on a 5-0 vote, that Council approve the project. There were no speakers either in support or opposition to the project, and no written submissions were received at the August 5th Council hearing. Council approved the project without any additions or changes to the conditions of approval. Council also introduced and approved the first reading of Ordinance No. 10- 06. This second reading will adopt the Ordinance approving the Change of Zone for Planned Unit Development 1-08, which will become effective in 30 days. BUDGETARY IMPACT: None ATTACHMENTS: • Ordinance No. 10-06 PACKET PAGE: 44 AGENDA ITEM 3A.6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) ORDINANCE NO: 10-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A PLANNED UNIT DEVELOPMENT (PUD) WITH A CHANGE OF ZONE ADDING "PUD" TO THE R-3 ZONING DESIGNATION (R-3-PUD) FOR CASE NOS. CZ 1-10 AND PUD 1-08, AND DEVELOPMENT PLAN 3-08 ON 1.86 ACRES LOCATED ON THE NORTH SIDE OF IDYLLWILD DRIVE, EAST OF PENNY LANE. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On May 27 and July 8, 2010, the Planning Commission conducted public hearings and recommended approval of a proposal to Change the Zone from Multiple Family Residential (R-3) to Multiple Family Residential, Planned Unit Development (R-3-PUD) and for a Development Plan for a 24 unit residential condominium townhouse project on the subject site, as shown on Exhibit "A" attached hereto and incorporated herein, Section 2. On September 2, 2010, the City Council conducted a public hearing and approved the Change of Zone, Planned Unit Development, and Development Plan for the subject site, as shown on Exhibit "A" attached hereto and incorporated herein. Section 3. That the official Zoning Map of the City Council is hereby amended by adding thereto CZ 1-10 as herein set forth. Section 4. That the official Zoning Ordinance 340, of the City Council is hereby amended by adding thereto CZ 1-10 as set forth herein. Section 5. That the zoning of the property in the City of San Jacinto, as shown on Exhibit "A" attached hereto and incorporated herein, is hereby established as R-3-PUD (Multiple Family Residential, Planned Unit Development), Section 6. The City Clerk shall certify the adoption of this ordinance and cause the same to be published in a newspaper of general circulation printed and published in the County of Riverside, State of California. Introduced at a regular meeting of said City Council on the 5th day of August, 2010, PACKET PAGE: 45 AGENDA ITEM 3A.6 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 2nd day of September, 2010 by the following vote. Ayes: Nays: Absent: Abstain: City of San Jacinto by Dale Stubblefield, Mayor ATTEST: Richard Miller, City Clerk APPROVED AS TO FORM Best Best & Krieger, LLP Jeffrey S. Ballinger, City Attorney PACKET PAGE: 46 AGENDA ITEM 3A.6 CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) I, Richard Miller, hereby certify that the foregoing is a true copy of Ordinance No. 10- 06 duly adopted by the City Council of City of San Jacinto, California at a regular meeting thereof held the 2nd day of September 2010, by the following vote. Ayes: Nays: Absent: Abstain: WITNESS my hand and official seal of the City of San Jacinto this day of September 2010. Richard Miller, City Clerk PACKET PAGE: 47 AGENDA ITEM 3A.6 Exhibit "A" Change of Zone 1-10 PACKET PAGE: 48 AGENDA ITEM 3A.7 October 7, 2010 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hertel, AICP, Planning Director SUBJECT: Second reading of Ordinance No. 10-07 regarding Development Agreement No. 01-10 between the City of San Jacinto ("City) and Puente Holdings, LLC and PBJT 2008, LLC ("Owners") Applicant: Puente Holdings and PBJT 2008 6055 Abbotswood Row La Jolla, CA 92037 RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No. 10-07 approving Development Agreement No. 01-10 and by further motion read by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND PUENTE HOLDINGS, LLC, AND PBJT935927 2008 INVESTMENTS, LLC. BACKGROUND: On September 2, 2010, Council approved the introduction and the first reading, by a 3-0 vote, of Ordinance No. 10-07 for a development agreement between the City and Puente Holdings and PBJT 2008 (the current owners and developers of Tract 31886). They purchased Tract 31886 from its previous owner and developer, Shea Homes, and propose to continue the development project which will ultimately become a 321 unit single-family, residential subdivision, To that end, the current owners would like to enter into Development Agreement No, 01-10 to address the completion of certain public improvements, impact credits, and remaining fees due in connection with Tract 31886. This item was continued from the September 16, 2010 City Council meeting to October 7, 2010 as there were only three council members present and Councilman Mansperger has to abstain from this item. PACKET PAGE 49 AGENDA ITEM 3A.7 DISCUSSION: On September 2, 2010 the City Council conducted a hearing following the Planning Commission's August 12, 2010 recommendation, on a 4-0 vote, that Council approve the development agreement. Speaking on behalf of the applicant, Steve Slagter spoke in support of the project, and there were no speakers in opposition. A final version of the development agreement was provided by staff that replaced the earlier version that had been in the Council packet, and Council approved the final version of the development agreement without any revisions. Council also introduced and approved the first reading of Ordinance No. 10-07. This second reading will adopt the Ordinance approving Development Agreement 01-10, which will become effecfive in 30 days. BUDGETARY IMPACT: None. The development agreement requires payment of a "development agreement fee of $1,000 per house to the City. The staff report of September 2, 2010 includes a discussion of costs associated with road, landscaping, traffic signal and drainage improvements, and development impact fee credits, none of which will require the expenditure of City funds as improvement costs are funded by the developer. ATTACHMENTS: • Ordinance No. 10-07 (includes Development Agreement No. 01-10) • City Council Staff Report of September 2, 2010 • Location Map • Handout provided at the September 16th meeting PACKET PAGE 50 AGENDA ITEM 3A.7 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) ORDINANCE NO. 10-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND PUENTE HOLDINGS, LLC, AND PBJT935927 2008 INVESTMENTS, LLC WHEREAS, a California limited partnership ("Applicant") has requested the City's approval to approve a statutory development agreement pursuant to the authorization contained in California Government Code sections 65863 et seq. in conjunction with previously approved Tract No. 31886 (the "Property"); and WHEREAS, the Property was previously owned and developed by Shea Homes, LLC and Shea Homes, LLC subsequently sold the Property to Puente Holdings, LLC, and PBJT935927 2008 Investments, LLC; and WHEREAS, Development Agreement No. 01-10 requires Puente Holdings, LLC, and PBJT935927 2008 Investments, LLC to pay an in -lieu fee so that the City can continue the construction and installation of improvements to the Property begun by Shea Homes, as described in Development Agreement No. 01-10; and WHEREAS, City staff has prepared and the Applicant has reviewed and has concurred with the terms and conditions of the development agreement as set forth in Exhibit "A", and incorporated herein by this reference with the same force and effect as set forth in full (the "Development Agreement"). WHEREAS, On September 2, 2010, the City Council conducted a duly noticed public hearing on the Development Agreement at which time all persons wishing to testify in connection with the Development Agreement were heard and the Application was fully examined; and at said public hearing, the City Council found that: A. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan because the General Plan. B. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located because the Development Agreement does not change the allowed use of the Property, which is the subject of an approved tract map. C. The Development Agreement is in conformity with public convenience, general welfare and good land use practice because the approval of the Development Agreement will enable the City to increase housing to the residents of San Jacinto. PACKET PAGE: 51 AGENDA ITEM 3A.7 D. The Development Agreement will be beneficial to the health, safety and general welfare because it enables the City to provide for additional housing to City residents; and WHEREAS, all of the procedures of the California Environmental Quality Act (Cal. Pub. Resources Code, §§ 21000 et seq.) ("CEQA") have been met with respect to the Development Agreement pursuant to the filing of a mitigated negative declaration, attached to Development Agreement No. 01-10. WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS: Section 1. Based on the findings contained in this Ordinance, the City Council hereby adopts the Development Agreement attached hereto as Exhibit "A" and incorporated by reference herein. Section 2. This Ordinance shall take effect 30 days after its final passage. Section 3. The City Council hereby finds that the adoption of the approval of the Development Agreement will not have a significant effect on the environment because all of the procedures of CEQA have been met with respect to the Development Agreements, as set forth in the Recitals hereto. Section 4. The City Clerk shall certify the adoption of this ordnance and cause the same to be published in the County of Riverside, State of California. Introduced at a regular meeting of the City Council on the 2nd day of September 2010 by the following vote: AYES: NAYS: ABSENT: ABSTAIN ATTEST: Richard Miller, City Clerk City of San Jacinto by Dale Stubblefield Mayor PACKET PAGE 52 AGENDA ITEM 3A.7 EXHIBIT "A" DEVELOPMENT AGREEMENT PACKET PAGE: 53 AGENDA ITEM 3A.7 Recorded at request of: Clerk, City Council City of San Jacinto When recorded return to: City of San Jacinto 595 S. San Jacinto Ave., Bldg. A San Jacinto, CA 92583 Attention: City Clerk This Development Agreement is recorded at the request and for the benefit of the City of San Jacinto and is exempt from the payment of a recording fee pursuant to California Government Code §§ 6103 and 27383. Space above this line for Recorder's Use Only DEVELOPMENT AGREEMENT NO. 01-10 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JACINTO and PUENTE HOLDINGS, LLC AND PBJT935927 2008 INVESTMENTS, LLC, BOTH CALIFORNIA LIMITED LIABILITY COMPANIES PACKET PAGE: 55 AGENDA ITEM 3A.7 DEVELOPMENT AGREEMENT NO. 01-10 This Development Agreement (hereinafter 'Agreement") is entered into as of the Effective Date (as hereinafter defined) by and between the City of San Jacinto, a California municipal corporation (hereinafter "CITY'), on the one hand, and Puente Holdings, LLC, a California limited liability company, and PRIT935927 2008 Investments, LLC, a California limited liability company (hereinafter jointly, 'OWNER'), on the other hand. CITY and OWNER are sometimes referred to herein collectively as the "PARTIES." RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, OWNER is the record owner of that certain real property more particularly described in Exhibit A attached to this Agreement (the "Property') and has requested CITY to enter into a development agreement, and proceedings have been taken to do so in accordance with the rules and regulations ofCITY, and WHEREAS, by electing to enter into this Agreement, CITY shall hind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY, and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the hest interests of the citizens of the (2I Y and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement includes a copy of the mitigated negative declaration, described in Exhibit"C and WHEREAS, this Agreement and the Project are consistent with the CI'TY's Comprehensive General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, cotes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, Page 2 of 82 PACKET PAGE: 56 AGENDA ITEM 3A.7 provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 el seq. of the Government Code are intended: and WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW. THEREFORE.. in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DEFINPPIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall he defined as follows: 1.1.1 "Agreement' means this Development Agreement. 1. 1.2 "Annual Monitoring Report' means the written report submitted by OWNER pursuant to Section 6.1 of this Agreement 1.1 3 "Area A" means that portion of the Property consisting of Lots 1 through 22, inclusive, 151 through 159, inclusive, 185 through 220, inclusive, 232 through 278, inclusive, 282, 283 and 287 through 321, inclusive, of Tract No. 31886 in the City of San Jacinto, County of Riverside, State of California, as per map filed in Book 428, Pages 12 through 33, inclusive of Maps, in the Office of the County Recorder of Riverside County. 1.1.4 "Area B" means that portion of the Property consisting of Lots 23 through 150, inclusive, 160 through 184, inclusive, and 221 through 231, inclusive, of Tract No. 31886 in the City of San Jacinto, County of Riverside, State of California, as per map filed in Book 428, Pages 12 through 33, inclusive of Maps, in the Office of the County Recorder of Riverside County. 1.15 "CITY' means the City of San Jacinto, a municipal corpomton, organized and existing pursuant to the laws of the State of California. 1.1E "City Council" means the governing body of the CPPY. 1.1.7 "City Manager" means the person appointed by the City Council to serve as city manager in accordance with the municipal code of the CITY or, in the absence or disability of Page 3 of 82 PACKET PAGE: 57 AGENDA ITEM 3A.7 the City Manager, the person designated by the City Council to perform the dutie Manager during the period of such absence or disability. 1. 1.8 "Compliance Certificate' has the meaning given to such tern in Secti this Agreement. City 7 of "1hn elopment' means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof 1.1.10 "Development Agreement Fee for Area A" means the fee payable by OWNER pursuant to Subsection 4.3.2 of this Agreement with respect to each lot within Area A in the amount of one thousand dollars ($1,000) per lot. 1.1.11 "Development Agreement Fee for Area B" means the fee payable by OWNER pursuant to Subsection 4.3.2 of this Agreement with respect to each lot within Area B in the amount of one thousand dollars ($1 000) per lot. 1.1.12 'Development Agreement Policies" collectively or "Development Agreement Policy" individually means those certain development agreement policies approved by CPPY pursuant to Resolution No. 2358, adopted on July 18, 2002, as amended. 1. 1 13 "Development Approvals' means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to; (a) specific plans and specific plan amendments( I b tentative and final subdivision and parcel maps; in conditional use permits, public use pennits and plot plans; Id) zoning; (el grading and building permits. 1.1. 14 'Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. Page 4 of 82 PACKET PAGE: 58 AGENDA ITEM 3A.7 1. 1 15 "Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park "in Lieu' fees specified in Government Code section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, or tees collected pursuant to agreements with redevelopment agencies, which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part I (commencing with Section 33000) of Division 24 of the Health and Safety Code). The teen "Development Impact Fee" expressly includes any impact, public facilities or impact fee as set forth in Section 202 of the Development Agreement Policies. 1.1.16 'Development Impact Fee Credit" means the amounts set forth in Exhibit "E" to which OWNER shall be entitled to receive credit against the Development Impact Fees payable under and as provided in this Agreement. 1.1.17 'Development Plan' means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.18 ' Effective Date" means the date the ordinance becomes effective. The Effective Date will be the day the parties agree to enter into the Agreement for purposes of Section 65864 et seq. of the Government Code. CIEY and OWNER enter into this Agreement. The date the CITY and OWNER enter into this Agreement shall be the date the ordinance approving this Agreement becomes effective. Within ten (10) days following the defined Effective Date the City Clerk of the City of San Jacinto shall cause a copy of this Agreement to be recorded in the Official Records of Riverside County, California. 1. 1 19 "Existing Development Approvals" means all Development Approvals approved or issued on or prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Approvals, which are a matter of public record on the Effective Date. 1. 1.20 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit'D` and all other Regulations which are a matter of public record on the Effective Date. 1.1.21 "General Plan" means The City of San Jacinto General Plan adopted by the CITY pursuant to California Government Code Section 65300 el seq. 1.1.22 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation Page 5 of 82 PACKET PAGE: 59 AGENDA ITEM 3A.7 or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing. la) the conduct of businesses, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the enty upon public property; (e) the exercise of the power of eminent domain. 1.1.23 "OWNER" means the persons and entities listed as OWNER on page one (1) of this Agreement and their successors in interest to all or any part of the Property. 1.1.24 "Mortgagee' means a mortgagee of a mortgage, a beneficiay under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.25 "Phase 1 Improvements" means the portion of the Ramona Expressway Improvements described in Subsection 4.3.2 of this Agreement. 1.1.26 "Phase I In -Lieu Fee" has the meaning given to such term in Subsection 4.3.2 of this Agreement. 1. 1.27 "Phase 2 Improvements" means the portion Expressway hnproyement.v described in Subsection 4.3.3 of this Agreement. 1.1.28 "Phase 2 In -Lieu Fee" has the meaning given to such term in Subsection 4.3.3 of this Agreement. 1. 1.29 "Planning Director" means the person as designated by the City Council, to discharge for the city these duties prescribed hereinafter to be performed by the planning director as authorized by Chapter 3, Division I, Title 7 of the Govenunent Code, Statutes of the State of California. 1.1 30 "Project" means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.31 "Property" means the real property described on Exhibit 'A" and shown on Exhibit'B" to this Agreement. Page 6 of 82 PACKET PAGE: 60 AGENDA ITEM 3A.7 1.132 "Ramona Expressway Improvements" has the meaning given to such term in Subsection 4.3.1 of this Agreement. L 1 33 'Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3 6 of this Agreement. 1.1.34 'Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. 1.1.35 'Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.136 "Term" has the meaning given to such tern in Section 2.3 of this Agreement 12 Exhibits. 'Ile following documents are attached to, and by this reference made a part of this Agreement: Exhibit "A"--- Legal Description of the Property. Exhibit '-B" --- Map showing Property and its location Exhibit "C"--- Existing Development Approvals. Exhibit'-D' --- Existing Land Use Regulations. Exhibit "E" --- Fee Credits. Exhibit "F" - WRCOG Reimbursement Agreement. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement 2 2 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof. 2.3 Tenn. Pursuant to Development Agreement Policy section 203, the initial term of this Agreement shall commence on the Effective Date, and shall continue for a period of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Notwithstanding the foregoing and pursuant to Development Agreement Policy section 203, the term of this Development Agreement may be extended for an additional five (5) years following expiration of the initial term, provided the following have occurred: Page 7 of 82 PACKET PAGE: 61 AGENDA ITEM 3A.7 OWNER provides at least one hundred eighty (180) days written notice to CITY prior to the expiration of the initial tern; and CITY shall have issued building permits for at least sixty-seven percent (67%) of the single family residential units contemplated by the Project and for sixty-seven percent (67%) of the gross area of the commercial/industrial buildings contemplated by the Project; and (c) OWNER is not then in uncured default of this Agreement. The initial term and, if and upon extension, the 5-year extension, shall sometimes be referred to herein collectively as the 'Term." 2.4 Assignment. 2A.1 Rieht to Assi OWNER shall have the right to sell, transfer or assign the Property in whole or in part, to any person, partnership, joint venture, limited liability company, corporation or other legal entity created by or under the authority of the laws of any state or federal law, at any time during the "Penn; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement that correspond to the portion of the Property being transferred and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property_ (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement with respect to the Property acquired by the purchaser, transferee or assignee. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement and shall be void. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4. 1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed and such agreement is approved by the City. 2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to he obligated under this Agreement with respect to the transferred Property unless such tmnsfening OWNER is given a release in writing by CITY, Page 8 of 82 PACKET PAGE: 62 AGENDA ITEM 3A.7 which release shall be provided by CITY with respect to the transferred Property upon the full satisfaction by such transferring OWNER of the following conditions: (a) OWNER no longer has a legal or equitable interest in all or am part of the Property. (h) OWNER is not then in default under this Agreement. (c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides env with security deemed sufficient by the CITY to cover any security previously provided by OWNER to secure performance of its obligations hereunder with respect to the Property being acquired by such purchaser, transferee or assignee. 2.b 3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2 4 4 Partial Release of Purchaser. Transferee or Assignee of Industrial or Commercial Lot. A purchaser, transferee or assignee of a lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of the lot has been finally approved pursuant to the Development Plan, may submit a request, in writing, to CITY to release said lot from the obligations under this Agreement relating to all other portions of the property. Within thirty (30) days of such request, CITY shall review, and if the above conditions are satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.4 shall cause, or otherwise affect, a release of OWNER from its duties and obligations under this Agreement. 2.45 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4. 1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "hulk') sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Areement, this Agreement shall terminate with respect to any individual lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk`) sold or leased (for a period longer than one year) to a member of the public or other ultimate user: and, (h) A certificate of occupancy has been issued by CITY for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid. Page 9 of 82 PACKET PAGE: 63 AGENDA ITEM 3A.7 CITY shall cooperate with OWNER, at no cost to CIPY, in executing in recordable form any document that OWNER may submit to confirm termination of this Agreement as to any such individual lot 25 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in Whole or in part only by written consent of all parties in the manner provided for in Government Code section 65868 and Article 5 of the Development Agreement Policies. This provision shall not limit any remedy of CITY or OWNER as provided be this Agreement. 2.6 Termination . This Agreement shall be deemed terminated and of no further effect upon the Occurrence of any of the following events: (a) Expiration of the stated Term as set forth in Section 2 i. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terns of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by Articles 7 and 8 of the Development Agreement Policies. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement, which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY within ten (10) days following such termination. 2.7 Notices. (a) As used in this Agreement, 'notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other cormnunication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below or (ii) on the date of delivery shown on Page IO of 82 PACKET PAGE: 64 AGENDA ITEM 3A.7 the return receipt, after deposit in the United States snail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below, or (iii) on the date of delivery shown in the records of the facsimile machine after transmission by facsimile to the recipient named below. All notices shall be addressed as follows: If to CITY City of San Jacinto 595 S. San Jacinto Ave., Bldg. A San Jacinto, CA 92583 Attn: City Manager Telephone.- (951)487-7342 Facsimile: (951) 654-3728 Copy to Best, Best & Krieger, LLP 3500 Porsche Way, Suite 200 Ontario, CA 91764 Attn: City Attorney Telephone.- (909) 989-8584 Facsimile: (909) 944-1441 If to OWNER: Puente Holdings, LLC 6055 Ahhottswood Row La Jolla, CA 92037 PBTf935927 2008 Investments, LLC 650 Towne Center Drive, Suite 1200 Costa Mesa, CA 92626 with a copy to: with copy to [INSERT OWNER COUNSEL] Eisner Frank & Kahan 9601 Wilshire Boulevard, Suite 700 Beverly Hills, CA 90210 Attention: Salvador P. LaVilia, Esq. Telephone: (310) 855-3200 Email: slavinal2eisnerlmv.com Page II of82 PACKET PAGE: 65 AGENDA ITEM 3A.7 (c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not he invalidated by the change. NO VESTED RIGHT OF DEVELOPMENT OF'PHE PROPER1 3.1 No Vested Right to Develop. Pursuant to Section 65866 of the California Government Code, the OWNER shall have no vested right to develop the Property and neither this Agreement or any Existing Development Approval give the OWNER a vested right to develop the Property. 3.2 Phasing Plan. Development of the Property shall be subject to all tinung and phasing requirements established by the Development Plan. 3 i Chances and Amendments. 'The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall he incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CTTY's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: a I Alter the permitted uses of the Property as a whole; or, (b I Increase the density or intensity of use of the Property as a whole; or, (e) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or supplemental ern iro nnental impact report pursuant to Section 21166 of the Public Resources Code. Reservations of Authority. 3.4. 1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. Page 12 of 82 PACKET PAGE: 66 AGENDA ITEM 3A.7 (a) Processing fees and charges of every kind and nature imposed by errs, to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (h) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, the CITY`s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Development Exactions; prodded, however, that no such subsequently adopted Development Exaction shall he applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such tees fulfill the same purposes. (e) Regulations which may he in conflict with this Agreement and the Development Plan, if the CITY determines that the failure of the CITY to apply such Subsequent Land Use Regulations would place the residents of the Property, or the residents of the CffY, or both, in a condition dangerous to their health or safety, or both. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (t) Regulations that do not conflict with the rules, regulations and policies set forth in this Agreement and the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not he applicable to the development of the Property. (g) Regulations which are in conflict with this Agreement or the Development Plan provided OWNER has given written consent to the application of such regulations to development of the Property. (h) Development Impact Fees that are not in existence as of the execution of this Agreement. Page 13 of 82 PACKET PAGE: 67 AGENDA ITEM 3A.7 3A.2 Subsequent Development Approvals. This Agreement shall not prevent CICY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent Cff Y from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or on the basis of any Subsequent Land Use Regulation not in conflict with the Development Plan. Notwithstanding the foregoing, the CITY agrees that (i) it shall process and respond in writing to OWNER no later than ten (ID) business days after submittal by OWNER of its building construction drawings for plan check review to the CITY's Building Department and/or Engineering Division. and (it) a request for design review approval from OWNER shall be presented to and acted upon by the CffY's Planning Commission no later than thirty (30) days after the CITY receives a completed application from OWNER for such design review approval. 3A 3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall he modified or suspended as may he necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3 4.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power, which cannot be so limited. This Agreement shalt be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract. 35 Public Works. If OWNER is required by this Agreement to constnict any public works facilities that will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same meaner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. 3.6 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the constniction of such public improvements. In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER'S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessan real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This Section Page 14 of 82 PACKET PAGE: 68 AGENDA ITEM 3A.7 38 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority. 3.7 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CIEY shall cooperate with OWNER in its efforts to obtain such additional permits and approvals as may be required by other public agencies having jurisdiction over the Property or any portion thereof, provided such permits and approvals are consistent with applicable regulatory requirements and OWNER pays the reasonable cost of such cooperation. 3.8 Utilities. In accordance with Section 201(h) of the Development Agreement Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for CIF Y-owned or operated utilities sensing the Project for such prices and on such terms as may be mutually agreed to between the parties. 4. PUBLIC BENEFITS. 4.1 Intent The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. 4.2 Development Agreement and In -Liam Fees. 4 2.1 Time of Payment The Development Agreement Fee for Area A and the Development Agreement Fee for Area B shall be paid by OWNER (or if Area A and/or Area 13 are transferred to another person in accordance with the provisions of Section 2.4 of this Agreement, each individual OWNER) to CITY in the manner described in Subsections 4.3.2 and A 3 3, respectively. No Development Agreement Pee for Area A or Development Agreement Fee for Area 13 shall be payable for any building permit issued prior to the Effective Date of this Agreement, but the Development Agreement Fee for Area A or the Development Agreement Fee for Area B, as applicable, shall be paid with respect to such lot prior to the re -issuance or extension of any building permit for a residential unit for which either the Development Agreement Pee for Area A or the Development Agreement Fee for Area B, as applicable, has not previously been paid. The CITY also has the discretion to defer collection of the Development Agreement Fee for Area A and/or the Development Agreement Fee for Area 13 pursuant to Page 15 of 82 PACKET PAGE: 69 AGENDA ITEM 3A.7 Development Agreement Policy section 202. The Phase I In -Lieu Fee and the Phase 2 In -Lieu Fee shall be paid by OWNER (or if Area A and/or Area B are transferred to another person in accordance with the provisions of Section 2A of this Agreement, each individual OWNER) to CITY in the manner described in Subsections 4.3.2 and 4.3.3, respectively. 4.2.2 Prepayment In no event shall the prepayment of any Development Impact Fees or the Development Agreement Fee required hereunder establish a vested right on the part of OWNER or any other owner of the Property or any person or entity with an interest therein to develop the Project or the Property following the expiration, cancellation or termination of the Tenn. Nothing contained in this Subsection 4.2.2 shall be construed as limiting the right of OWNER to receive a credit against any Development Agreement Fee for any Development Impact Fees or Development Agreement Fees previously paid by OWNER, as set forth in Subsection 4.2.1 hereof. For the purposes of Subsections 4 2.2 and 4.2.3 the term "OWNER" shall also include Shea Homes Limited Partnership, or any other authorized predecessor or successor in title to the Property to the persons executing this Agreement as OWNER. 4.23 Credits. OWNER shall be entitled to credit against the Development Impact Fees for the dedication of land, the construction of improvements or the payment of fees only as specifically set forth in Exhibit "E". No increase in the credits set forth in Exhibit "E" shall he allowed for any item which is not specifically identified as a Development hnpact Fee Credit on Exhibit "E". 43 Public Facilities/1mprovements. 4 3.1 Ramona Expressway. As required by the Final Conditions of Approval for Tentative'fract 31886, Ramona Expressway shall he improved according to the plans described in Subsections 43.2 and 433 below and shall include street improvements, landscape improvements on Lot "V" of Tract 31886, the Bridge Road extension to Ramona Expressway, and a traffic signal at the intersection of Bridge Road and Ramona Expressway (collectively, the "Ramona Expressway Improvements'). The Parties agree that the Ramona Expressway Improvements shall be completed in two (2) phases, as more particularly described below. 4.3.2 Phase 1 - Street Improvements. The Phase 1 Improvements consist of the street improvements necessary to complete Ramona Expressway Improvements according to the Bridge Road Improvement Plans for Tract 31886 approved by the City of San Jacinto City Engineer on December 2007, the Ramona Boulevard Road Improvements Plans for Tract 31886 approved by the City of San Jacinto City Engineer on May 9, 2007, and the Offsite Storm Dram Improvements Plans for storm drath improvement plans approved by the City of San Jacinto City Engineer on January 11, 2007 and incorporated by reference herein. In consideration of CITY's agreement to assume responsibility for the completion of the Phase 1 Improvements. OWNER shall pay an in -lieu fee equal to the cost to the entire costs of the Phase 1 Improvements (-Phase 1 In -Lieu Fee"). The Phase I In -Lieu Fee shall be one million and two hundred thousand dollars ($1,200,000) and shall be allocated pro rata in its entirety to the tots comprising Area A. The Phase I In -Lieu Fee is due and payable on the earlier of and as a condition to the issuance by Page 16 of 82 PACKET PAGE: 70 AGENDA ITEM 3A.7 CITY of the first building permit for Area A (the "Building Permit Date`) or the date that is ninety (90) days following OWNER`s receipt from CITY of its written request for payment (the "Outside Payment Date'), which request may not be given earlier than the first anniversary of the Effective Date. Notwithstanding the foregoing, after receipt of such request, OWNER shall have the right to extend the Outside Payment Date, in its sole and absolute discretion up to the last day of the month that is twenty-one (21) months after the Effective Date by notifying CITY in writing of its decision to extend, provided that OWNER pays to CITY as consideration for such extension the sum of one hundred thousand dollars ($100,000) at the time that OWNER gives its written notice. Such payment shall be non-refundable and inapplicable to the Phase 1 In -Lieu Fee, but may be credited towards credit for payment of the TUMP payable with respect to the lots within Area A. Nothing contained in this Subsection 4 3.2 shall entitle OWNER to extend or deter payment of the Phase 1 In -Lieu Fee beyond the Building Permit Date. Failure by OWNER to pay the Phase 1 In -Lieu Fee, when due, shall constitute a default on the part of OWNER under this Agreement and entitle CITY to exercise its remedies as hereinafter set forth. Provided OWNER has satisfied all other conditions of CITY for the issuance of a certificate of occupancy and pays to CITY the Development Agreement Fee for Area A, OWNER shall be entitled to receive and CITY shall issue a certificate of occupancy for each lot comprising Area A and no additional fee pertaining to Tract 31886 shall apply to Area A, including but not limited to the Phase 2 En -Lieu Fee. OWNER (or if Area A is transferred to another person in accordance with the provisions of Section 2.4 of this Agreement, OWNER of Area A) shall pay the Development Agreement Fee for Area A per lot as a condition precedent to the issuance of each certificate of occupancy for a lot. 433 Phase 2 - Landscape Bridge Extension and Traffic Signal. The Phase 2 Improvements consist of parkway and median landscaping for Ramona Expressway, landscape improvement to Lot "V" of Tract 31886 according to the provisions of the San Jacinto Municipal Code, the extension of Bridge Road from the existing northern terminus to Ramona Expressway as contemplated by the plans described in Exhibit "C", and installation of a traffic signal at the intersection of Bridge Road/Ramona Expressway. The Phase 2 Improvements shall be completed as a condition precedent to the issuance of the certificate of occupancy for the one hundred and eightieth (180th) residence within Tract 31886. In consideration of the CIIY's agreement to assume responsibility for the completion of the Phase 2 Improvements, OWNER shall pay an In -Lieu Fee to the CITY ("Phase 2 In -Lieu Fee') in the amount of three hundred thousand dollars ($300,000). The Phase 2 In -Lieu Fee shall be allocated pro rata in its entirety to the lots comprising Area B. OWNER (or if Area A is transferred to another person in accordance with the provisions of Section 2.4 of this Agreement, OWNER of Area 13) shall pay the Phase 2 In - Lieu Fee prior to and as a condition precedent to the CITY issues the certificate of occupancy for any lot on Area B and such payment shall be deemed satisfaction of the Phase 2 Improvements conditions of approval. OWNER (or if Area A is transferred to another person in accordance with the provisions of Section 2.4 of this Agreement, OWNER of Area B) shall also pay the Development Agreement Fee for Area B per lot as a condition precedent to the issuance of each certificate of occupancy for a lot. Page 17 of 82 PACKET PAGE: 71 AGENDA ITEM 3A.7 4.3.4 Ramona Boulevard. OWNER and CITY acknowledge that certain improvements have been completed prior to the Effective Date consisting of street improvements, storm drain improvements and sewer improvements to Ramona Boulevard, at an estimated cost not to exceed two million eight hundred thousand dollars ($2,800,000), and certain park improvements to the Park site on Lot "U" of Tract 31886 at a cost not to exceed one million six hundred thousand dollars ($1,600,000). OWNER and CITY agree that OWNER shall be entitled to a credit for the completed work against the Development Impact Fees as set forth in Exhibit "E" payable with respect to the lots within Area A and only Area A. The aggregate amount of such credits shall be subject to verification by CITY of the actual completion costs incurred by OWNER or its predecessor -in -interest for the improvements to Ramona Boulevard and the Park site on Lot "U". In order to enable CITY to verify such costs and entitlement to credit, OWNER shall submit to the CITY copies of invoices, payment stubs and workers compensation records or other payroll records relating to such improvements. 4.3.5. Storm Drain Line G. OWNER and CITY acknowledge that a Memorandum of Agreement ("MOA") between the CITY and Shea Homes Limited Partnership dated September 21, 2006, requires the installation of Storm Drain Line G within Ramona Boulevard on or before the issuance and as a condition precedent to the issuance of the one hundred and eightieth (180th) certificate of occupancy for Tract 31886. OWNER acknowledges and agrees that until Storm Drain Line G is installed by OWNER to the CITY's satisfaction, the CITY is not required to issue more than one hundred and seventy nine (179) certificates of occupancy for Tract 31886. OWNER (or if Area A is transferred to another person in accordance with the provisions of Section 2.4 of this Agreement, OWNER of Area B) shall install Storm Drain Line G, per the conditions in the MOA as a condition precedent to the issuance of the one hundred and eightieth (180th) certificate of occupancy for Tract 31886. Based on Engineer estimates provided by OWNER and approved by City Engineer, OWNER (or if Area A is transferred to another person in accordance with the provisions of Section 2.4 of this Agreement, OWNER of Area B)-shall be eligible for additional Storm Drain Line G improvement credits for additional Storm Drain Line G improvements within Tract 31886 and such credits shall be allocated, in their entirety, to Area B. 4.3.6 Lot W Improvements. The CITY acknowledges that the existing and completed storm drain, sewer and basin and pump improvements on Lot W of Tract 31886 are adequate and that no additional work for the storm drain, sewer and basin pump improvements on Lot W of Tract 31886 shall be necessary. 4.3.7 Transportation Uniform Mitigation Fee OWNER acknowledges that it is required to pay and CITY is required to collect and remit to the Western Riverside Council of Governments ("WRCOG"), as administrator of the Transportation Uniform Mitigation Fee Program of Westem Riverside County (the "TUMF Program"), a transportation unifonn mitigation fee ("TUMF") at the time CITY issues each Page 18 of 82 PACKET PAGE: 72 AGENDA ITEM 3A.7 building permit for a lot within Area A. In order to ensure that OWNER receives credit for payment of the 'FUME payable with respect to the Tots within Area A, CITY agrees that the Phase 1 In -Lieu Fee paid by OWNER shall be collected, held and remitted by CITY to WRCOG to satisfy the full amount of OWNER's 'FUME obligation otherwise payable at the time the building permit for a lot within Area A is requested. Notwithstanding that the hilt amount of the Phase I In -Lieu Fee may be used to satisfy OWNER'S aggregate TUMF obligation with respect to the lots within Area A. OWNER shall still be deemed to have satisfied the Phase 1 Improvements conditions of approval by its payment of the Phase I In -Lieu Fee. To the extent that OWNER may be entitled to a credit against 'FUME payable with respect to the Project or reimbursement of TUMF paid by OWNER for transportation improvements constructed to help mitigate the traffic impact generated by the Project as more particularly set forth in the WRCOG Reimbursement Agreement attached hereto as Exhibit "Fr, COPY agrees that such credit or reimbursement shall be allocated, in its entirety, to the lots on Area A. 5. FINANCING OF PUBLIC IMPROVEMENTS. it Fee Credits/Reimbursement for Supplemental or Excess Capacity Public Improvements. Pursuant to Development Agreement Policy section 2010), OWNER shall not be entitled to fee credits or reimbursement for supplemental or excess capacity public improvements. Notwithstanding the foregoing, the City Manager may determine that extraordinary circumstances justify fee credits or reimbursement and may approve said credits or reimbursement for supplemental or excess capacity public improvements. 5.2 Cross Category Fee Credits and Reimbursements. Notwithstanding Development Agreement Policy section 2010), OWNER shall he entitled to only those cross - category credits listed in Exhibit "E". REVIEW FOR COMPLIANCE. 6.1 Periodic Review. During the Term, the Planning Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the City Manager or his/her designee, within 10 days after written notice from the City Manager. The Armmal Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of this Agreement during the succeeding year. The amount of the annual review and administration fee shall he set annually by resolution of the City Council. In the event that a purchaser, transferee or assignee acquires Area A or Area B separately in accordance with the provisions of Section 2.4 of this Agreement, then such review shall be conducted separately wither respect to each OWNER of Area A or Area B, and the noncompliance of one OWNER shall not be attributed to the other OWNER. 6.2 Special Review. The time for review may be shortened or a special review called either by agreement between the Parties or by initiation in one or more of the following ways: (I) Recommendation of the Planning staff or Page 19 of 83 PACKET PAGE: 73 AGENDA ITEM 3A.7 (2) ARirmatiy vote ofa least h r (4) members offhe Planning Commission or Affirma fat least three (3) members of the City Council. 6.3 Burden of Proof during Periodic and Special Review. During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall he on OWNER. 6.4 Procedure. (a) The City Manager shall begin the review proceeding by giving notice That the CITY intends to undertake a periodic or special review of this Agreement to the OWNER. The notice shall be give at least thirty (30) days in advance of the time at which the matter will be considered by the Planning Commission. (h) The Planning Conunission shall conduct a hearing at which the OWNER must demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue is upon the OWNER. (c) The Planning Commission shall determine upon the basis of substantial evidence whether or not the OWNER has, for the period under review, complied in good faith with the terms and conditions of this Agreement (d) Procedure Upon Findings. (i) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period is concluded. (it) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has not complied in good faith with the terms and conditions of this Agreement during the period under review, the Planning Commission may recommend to the City Council to modify or terminate this Agreement. (iii) The OWNER may appeal a determination pursuant to paragraph (ii) to the City Council in accordance with the City's rule for consideration of appeals in zoning matters. (e) The City Council will consider the Planning Commission's recommendation at a noticed, public hearing scheduled no sooner than ten (10) days after delivery of the Planning Commission's written recommendation to OWNER. Page 20 of 82 PACKET PAGE: 74 AGENDA ITEM 3A.7 (t) If at the required noticed, public hearing the City Council snakes a preliminary finding that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (g) If at the required noticed, public hearing the City Council makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the City Council may modify or terminate this Agreement as provided in Section 65 and Section 6.6. Notice of default shall be given to OWNER and an opportunity to cure as provided in Section 7.4 of this Agreement shall be given to the OWNER prior to proceedings under Section 65 and Section 6.6. 65 Proceedings Upon Modification or Termination. If upon a finding under Section 64, CTCY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten (I0) calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing, and, (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement and, (c) Such other information as is reasonably necessary to intorm OWNER of the nature of the proceeding. G6 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. 'The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may tenninate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall he final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 6.7 Certificate of Agreement Compliance. It; at the conclusion of a periodic or special review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ("Compliance Certificate") to OWNER stating that after the most recent periodic or special review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Compliance Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a periodic or special review and shall state the anticipated date of commencement of the next periodic review. OWNER may record the Compliance Certificate with the County Recorder. Page 21 of 82 PACKET PAGE: 75 AGENDA ITEM 3A.7 Whether or not the Compliance Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Compliance Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Planning Director or City Council. 7. DEFAULT AND REMEDIES. 7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action which arises out of this Agreement, or (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement, or (c) Arising out of or coucected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 72 Specific Performance The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against CITY as provided in Section 7.1 above. (h) Due to the size, nature and scope of the Project, it may not he practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWN?R has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. 73 Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as provided for in Section 65, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or Page 22 of 82 PACKET PAGE: 76 AGENDA ITEM 3A.7 asserted. pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 7A Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Sections 6.1 and 6.5 herein, GUY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CIF Y may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can he cured. OWNER has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. In the event that a purchaser, transferee or assignee acquires Area A or Area B separately in accordance with the provisions of Section 2.4 of this Agreement, then a default on the part of OWNER of Area A shall not be attributed to OWNER of Area B and vice versa. 75 Termination of Agreement for Default of CITY. OWNER (or if Area A and/or Area B are transferred to another person in accordance with the provisions of Section 2.4 of this Agreement, each individual OWNER) may terminate this Agreement (or if Area A and/or Area B are transferred to another person in accordance with the provisions of Section 2 4 of this Agreement, such termination shall be only with respect to the portion of the Property owned by the individual OWNER) only in the event of a default by CFFY in the performance ofa material term of this Agreement and only after providing written notice to CPFY of default setting forth the nature of the default and the actions, if any, required by GUY to cure such default and, where the default can be cured. CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default carmot be cured within such sixty (60) day period but can be cured within a longer time, has failed to eonunenee the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 8. THIRD PARTY LI'I IGA''ION . General Plan Litigation. CFI7 has determined that this Agreement is consisten he General Plan, and that the General Plan meets all requirements of law. OWNER ha reviewed the General Plan and concurs with err Y's determination. CITY shalt have no liability in damages under this Agreement for any failure of CFF Y to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any tune thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. Page 23 of 82 PACKET PAGE: 77 AGENDA ITEM 3A.7 8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys' fees, indemnity, and hold harmless CT Y, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter he responsible to defend indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding 83 Indemnity. In addition to the provisions of Section 82 above, OWNER shall indemnity and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action. 8.4 Environment Assurances. OWNER shall indenn ify and hold cart Y. its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local taw, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or otmission. CITY may in its discretion participate in the defense of any such action. 85 Reservation of Rights. With respect to Sections 8.2, 8 3 and 8.4 herein, CITY reserves the right to either (I) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not he unreasonably withheld, or (2) conduct its ovum defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 8 6 Survival. The provisions of this Sections 8.1 through R 6, inclusive, shall the termination of this Agreement. Page 24 of 82 PACKET PAGE: 78 AGENDA ITEM 3A.7 MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to aiw such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Pmpertv, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement. (c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall thereafter provide a copy of that notice to the Mortgagee within ten (ID) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the tenns of this Agreement Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2 4 of this Agreement. MISCELLANEOUS PROVISIONS. ID. 1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. If the Parties to this Agreement or their successors in interest amend or cancel this Agreement as provided in Government Code section 65868, or if the CITY terminates or modifies this Agreement as provided in Government Code section Page 25 of 82 PACKET PAGE: 79 AGENDA ITEM 3A.7 6586). 1 for failure of the OWNER to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the County Recorder. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties, and there are no oral or written representations, understandings or ancillay covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10 3 Severability. If any term, provision, covenant or condition of this Agreement shall he determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to he invalid, void or unenforceable, this entire Agreement shall he null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. this Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 105 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10 6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Joint and Several Obligations. If this Agreement is executed by more than one person on behalf of OWNER, all obligations of OWNER under this Agreement shall be joint and several, and the default by any one of them shall be the default of OWNER. Notwithstanding the foregoing, in the event that a purchaser, transferee or assignee acquires Area A or Area B separately in accordance with the provisions of Section 2.4 of this Agreement, then a default on the part of OWNER of Area A shall not be attributed to OWNER of Area B, and vice versa, and no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 10.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. Page 26 of 82 PACKET PAGE: 80 AGENDA ITEM 3A.7 109 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10. 10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes. other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party`s control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the Tenn shall not be extended under any circumstances for more than five (5) years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property, (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof 10.13 Successors in Interest. The burdens of this Agreement shall he binding upon and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 10. 14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall he filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16 Protect as a Private Undertaking It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an Page 27 of 82 PACKET PAGE: 81 AGENDA ITEM 3A.7 independent contracting entity with respect to the terns, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 10. 17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessan under the tenns of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10. 18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CPY of its power of eminent domain. 10. 19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery' to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so send, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 10 20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder. 10.21 Prior Development Agreement. The parties acknowledge and agree that this Agreement supersedes and replaces in its entirety Development Agreement No. 05-28 dated October 20, 2005, between CITY and OWNER's predecessor -in -interest, Shea Homes Limited Partnership, as amended (the 'Prior Development Agreement'), and that the Prior Development Agreement has expired in accordance with its terms and is no longer in force or effect. At the request of OWNER made on or after the Effective Date, CfTY agrees, at no cost to CITY, to execute and deliver to OWNER in recordable form any document that OWNER may submit to Page 28 of 82 PACKET PAGE: 82 AGENDA ITEM 3A.7 confirm expiration of the Prior Development Agreement and the release of the Property therefrom. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. OWNER PUENTE HOLDINGS. LLC, a California limited liability company By: Its: Dated: OWNER PBJT935927 2008 INVESTMENTS, LLC, a California limited liability company By: Its: Dated: CITY CITY OF SAN JACINTO, a California municipal corporation By: Dale Stubblefield Mayor Dated: Page 29 of 82 PACKET PAGE: 83 AGENDA ITEM 3A.7 ATTEST: By: Richard Miller City Clerk APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP City Attorney Page 30 of 82 PACKET PAGE: 84 AGENDA ITEM 3A.7 EXHIBIT A (Legal Description of Property) TRACT NO. 31886 BEING A SUBDIVISION OF PARCELS B, C, AND D, AS SHOWN ON EXHIBIT `B" OF LOT LINE ADJUSTMENT NO. 4-05, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED DECEMBER 14, 2005 AS INSTRUMENT NO. 2005-1031280 OF OFFICIAL RECORDS Page 31 of 82 PACKET PAGE: 85 98 :A y d IA>1JVd b N W N 00 00 N ogg_ogOl9zb OR( ( 1 / • \ /•\ • La rQ \\ 6.011 01. .MOfO ,.M, tAtran..RM ji I C0 CO ma kW I I MfannEr for" II I / / / / IN TIIE CITY OF SAN JACINTO, COI.? TY OF RIYFRSIDF, STATF. OF CAIJFORNIA LOm MI NtYr WIN TRACT NO. 31886 4(I,4I440.9Io 4C114 wO 4099M 04 AVM r K mr IPf N4TnIbt ..q w a Tr 0 Jw .M•R town Ola*0, JM• 04 L,f4WI WORM Y•1W91A *406 4 PISMNLI q tab- 1 09 0'J WAN MOMS MpRI OCS01 atiNETAAS AISII NOS PROCEDURE OF SURVEY six JAOAo uw • • SHEET 2 OF 22 SHEETS (MAROC BOALc MO INS aea tea iks, ( d 16S1 IMI-wo MR 16410111011 M CO M• * IT LOOS /' 10rm \VV�� airitig22s SS OMR AL SYS g4d AM/ RSAli___ _ __ Ov ,r ; v 441 ©o eo,» .1q: _ M boo OO aa(� j-' QO4Q l'Q' * oa q i w.n - Lars BIN J10AD LAM I ALSOfll LS IM C *OSC MO m O awn SIMS 41 �e.I Mein Of1MO M,t H • 1OA-.On/ NMI gasnasensuswess 1,0 emu M:A{ ® MwiuN0Ol.• 004Nun 0ammoSITSC !w!ll M0.ANOO(Mat MAR — ® MIO agog. OI& iOO Pr ea fwmY 0 .1 W M Py.I• MO I•Nt SIMR It WSW Col. MOON •Rl1 -sr- so a0. twi •Ow O ,m/w,w.w,w{,Ms a.n AlMs.MY.•aMM 1 «.4* 1 04! u,wwvloN„M„vva MM(w.11M, O ,m/ Mwwwu.Ow nMV 1M.n 41•,•'Pll,nv M)L'IO14).! m0i3OPM09RIM11411* n ,• ,1...0 .w4(4410ealr Y7•••••• -.ner • or, d4< OWSMNM In 1W1WO � Pr TIWltl MM1N04!47 0 ▪ nw r,P.Lmr..e.,.r,M.444711 'tee rj1Me M w owni49140�4P• ,MM. s.s.1 OMM+M M•440.1111R1n••M1 W i1SM.•=7... O MS../•••••S•••a.Yw OK1••• •tio, •.,:a.. 4U1•O7 r�O 4O O ,sM? 04sVAMnO w=1.wm•v ID 4,. MS /Wf O OM•MMv19•111 •OFLIMO O r If YUOO,.*.N1Ow:4 O u1T sons 1"1 /MO, 10Mf M AL 1Y10Yy*r9000i Mat N00a I"I 0NON&MAW O•4O4100* SIT 1Gf SRfat rorw r ✓ f SON 041160 IWD As1001LT01 ID CO MIL eV 261= t MRS WOG MO S. m. M 00V.tt PM, .01 TACO0AI11lO01 040 MOO �A IPIMOL NY SMUG VOb IMLOIYMl11Ill WO or swopIId04101awn MISr loilrAS me • S4140 •SP Ik 00i MfwMPS asY 004. MIN S1 OalnaPo.s.1M Cs M 1Mw••l��Md s•Ap MLM� 0M4 7101,0.993 AY210••V1 .1111 ../3 Joao. YWOO'O, 44' f*1l• neneea 07M YMY11mO/ I fM Y.IMR MOM 40 MOO Of IL M®bL 0SSW O NM, ry(.l1 Sao/ Mf R 4(MOM V 4Ae• Pw. IPAO - MOO MOM MM1I• Pt/R,OM 911.GMR1 © Wn Inn 00 OM fmao / 1'y EVE INElJ VONAO' AGENDA ITEM 3A.7 EXHIBIT C (Existing Development Approvals) 1. Planning Department Conditions of Approval, Tentative Tract 31886 as modified by Development Plan 2-06 2. Engineering Conditions of Approval , Tentative Tract 31886 Page 33 of 82 PACKET PAGE: 87 AGENDA ITEM 3A.7 FINAL CONDITIONS OF APPROVAL - TENTATIVE TRACT 31886 PLANNING DEPARTMENT As modified by Development Plan 2-06 General Requirements: 1. The proposal to subdivide 97.88-acres into 341 residential lots shall comply with the State of California Subdivision Map Act and to all the requirements of the Subdivision and Zoning Ordinance. 2. Tentative Tract 31886 shall comply with the development standards of the R-1 zoning district. 3. This conditionally approved tentative map will expire 2 years after the Planning Commission's approval, unless an extension is requested and approved per Section 16.12.150 of the San Jacinto Municipal Code. 4. This project shall conform to either the park dedication or in -lieu fee measures of the City's Subdivision Ordinance. 5. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents and employees, from any and all liability or claims that may be brought against the City arising out of this vesting tentative map approval, save and except that caused by City's active negligence. 6. The developer or the developer's successor -in -interest shall be responsible for maintaining the undeveloped portion of the site, including weed abatement. During construction and grading, the site shall be watered to control dust. Additionally, regularly sweeping and cleanup of adjacent streets shall be undertaken. All mud and dirt shall be removed from construction equipment and vehicles prior to leaving the site. Construction and grading activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except on legal holidays when construction and grading shall also be prohibited. All construction equipment shall be properly muffled, and/or surrounded by noise attenuating barriers. 9. The developer/owner of the tract shall name the City as the owner and maintenance operator of the sewer collection system within the subdivision. Prior to Recordation of the Anal Map: 10. Tentative Tract 31886 shall establish or be incorporated into a Landscape, Pag. 34 or82 PACKET PAGE 88 AGENDA ITEM 3A.7 Lighting and Park District. a.) b.) c.) d.) e.) f.) 9.) Grading: Peron .ems Elevatiens plan 12. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 13. Prior to issuance of a building permit the developer shall submit three (3) copies of a comprehensive grading plan. The plan shall comply with the Uniform Building Code, Chapter 70. The plan shall be drawn on 24" X 36" Mylar by a registered civil engineer. 14. A grading permit shall be obtained from the City of San Jacinto prior to the commencement of any grading outside of the City -maintained road right-of-way. 15. Grading and public improvements shall be installed in accordance with city standards and specifications. The tops of all graded slopes shall be at the property line. Prior to Issuance of Building Permits: 16. The developer/applicant shall prepare CC&R's for City review and approval. The CC&R's shall include a provision allowing the increase of fees to ensure continued maintenance of all common and public areas in the event any assessment district is reduced or eliminated, and the City shall be a party to the CC&R's. 17. The developer shall pay school fees as required by State law to help mitigate the effects of this subdivision on the San Jacinto Unified School District. Peru 35 ors2 PACKET PAGE 89 AGENDA ITEM 3A.7 18. The developer shall receive written clearance from the San Jacinto Unified School District, 19. The developer shall pay for the appropriate Flood Control Improvements. 20. The developer shall pay fees to provide for adequate Pofice and Are protection. The developer shall annex into the financial assessment district formed to fund Fire and Pofice management services. 21. The tract is required to pay the Multi -Species Habitat Conservation Plan (MSHCP) fee and the Transportation Uniform Mitigation Fee (TUMF). These fees are collected at the time of building permit issuance, 22 A special fault hazard study report shall be prepared for the project site, and reviewed and approved by the County of Riverside. The project shall be subject to any recommendations contained in that report by reference, Prior to Issuance of Occupancy Permits: 23. All existing and new utilities adjacent to and on site shall be located underground as per Ordinance 820 24. The applicant shall contact the San Jacinto Post Office to determine the appropriate type and location of mailboxes. 25. The applicant shall install slate, concrete, tile, clay tile or equal roofing material on all units within the subject property. 26. Black address numbers on white fluorescent background shall be painted on the curb (numbers shall be a minimum 4 inches in height). Landscaping, Fencing and Entry Monumentation: 27. Prior to the issuance of a building permit, the developer shall submit landscape and irrigation plans for each production unit. All front yards shall be fully landscaped with not less than two 15-gallon trees, shrubs and turf. Landscaping and automatic irrigation improvements shall be installed prior to the issuance of a Certificate of Occupancy. 28. Prior to issuance of a building permit a final noise study shall be prepared utilizing more precise grading plans in conjunction with detailed building design and construction information to confirm the recommendations made in the preliminary study. The recommendation in the preliminary study includes: A) Minimum 6-foot high noise barrier walls for lots 10-17, 27-38, and 56-70, 4,5- Pagc 36 or82 PACKET PAGE 90 AGENDA ITEM 3A.7 foot high wall for lots 84-88, 170-176, and 189, 4.0-foot high wall for lots 190, 200-202, 212-215, 252-255, and 314-324, including a final noise study prior to building permits; B) Minimum 'Window closed" condition requiring a means of mechanical ventilation for the lots mentioned in "A". C) Acoustical baffles for the attic vents facing Ramona Expressway and Ramona Boulevard to prevent vehicle noise intrusion or to fully insulate the attic including any attic panels, and for all the exterior windows, doors and sliding doors within the tract to have positive seal. 29. Prior to issuance of certificate of occupancy the developer shall construct a six (6) foot high decorative block wall with pilaster columns spaced between every two lots (or no less than 150-feet) around the perimeter of the property that is visible from a public street, along the grass lined channel, and at the return wall for corner lots. A six (6) foot decorative vinyl fence shall be constructed along all interior side yard property lines, Lots that are bounded by the grass lined channel can have optional view type fencing, unless otherwise recommended by the noise study, Said fence and wall plans shall comply with the City's Fence Guidelines and be subject to the review and approval of the Planning Department, 30. Prior to issuance of certificate of occupancy all utility substructures shall be located and/or screened with landscaping materials so as to minimize visibility from the public right-of-way, 31. Prior to issuance of certificate of occupancy minimum 14-foot wide stamp concrete crosswalks shall be installed at the project entrances on "A" Street, "F" Street and "U" Street. 32. Prior to issuance of certificate of occupancy entry monumentation signs shall be installed at the project entrances on "A" Street, "F" Street and "U" Street. 33. Prior to issuance of certificate of occupancy parkway landscape treatments shall be installed and approved by the Planning Department. 34. A minimum 3-foot wide landscape buffer shall be provided between any walkway and perimeter wall. In addition, a minimum of two trees shall be installed along street side yard. However, in no case shall trees in the street side yard be spaced less than 30-feet on -center. Special Conditions: Pagc 37 ors2 PACKET PAGE 91 AGENDA ITEM 3A.7 35. The grass -lined channel/paseo-greenbelt shall be landscaped and irrigated, subject to the review and approval of the City Engineer, Planning Division, and the City's landscape architect. 36. Wrought iron fence with pilaster columns spaced 150-feet apart shall be constructed along Ramona Boulevard and Bridge Road for the Park/Retention Basin site to minimize concerns with soccer balls, baseballs, footballs, and etc., from rolling onto the street. Access to the park shall be from the interior of the tract on "A" Street. 37. The proposed sump pump station shall be screen by a 6-foot high decorative block wall with pilaster columns spaced approximately 150 feet part on the street fronting elevations. The interior wall may be constructed of precision block. The right-of- way shall also be improved with a minimum 3-foot w'de landscape buffer adjacent to the wall to soften the appearance of the facility and to discourage graffiti consistent with the tract condition. 38. The developer shall disclose to a0 future property owners of the tract, indicating the proximity of agricultural uses and associated noise, dust, odors and the use of agricultural chemicals. 39. The developer shall disclose to all future property owners of the tract, indicating the proximity of large animals and the related insects, noise, dust, odors and the possible use of agricultural chemicals in farmland throughout the City. 40. Only gas burning fireplaces are permitted. A disclosure shall be indicated on the title of the property, stating that wood burning fire places are prohibited. In addition, the realtor for project shall state to the future home buyer that wood burning fire places are prohibited. 41. Prior to Recordation of the Final Map the final pad elevations shall be designed to the satisfaction of the City Engineer to address privacy concerns for lots at the Freeway crossings, 42, Appropriate right-of-way shall be dedicated for the NAP property and be improved with appropriate sidewalk improvements along the street frontage, unless otherwise determined by the City Engineer, 43. Bridge Road shall be striped to turn vehicles to meet Ramona Boulevard at a 90- degree angle as a temporary condition, until Ramona Boulevard is realigned to cross Bridge Road 300-feet south of the tract boundary, 44, The park design shall be consistent with the San Jacinto Landscape Standards Manual, The following underlined are added as part of the Planning Commission's approval of Development Plan Review2-06 45, Final detailed landscape and irrigation plans shall be submitted to the Planning and Public Works Departments for review comment and approval Landscape plans Peen 38 of 82 PACKET PAGE 92 shall be prepared by a registered landscape architect and shall prov AGENDA ITEM 3A.7 permanent automatic irrigation of all landscaped areas, 46. The developer shall enter into an agreement with the City franchised trash hauler for the removal of construction waste and debris from the construction site. 47. The developer shall provide a third car garage or 100 cubic feet of permanent storage in the garage on plans with five or more sleeping rooms or habitable rooms over seventy square feet, except rooms used for the preparation of food or dining. 48. Each garage is to be a roll -up metal sectional with windows. 49. The channel greenbelt shall comply with City Park Development Standards 50. The Tentative Tract shall be developed consistent with the City of San Jacinto Landscape Design Guidelines. 51. Carriage style lighting shall be provided on the garage and at the front door. 52. A standard feature of homes within this subdivision shall include pre -wired ceiling fan outlets in the Master Bedroom Family Room and Living Room. 53. Enhanced side and rear elevation shall be provided to those homes along Ramona Expressway and Ramona Boulevard, Enhancements may include but are not limited to balconies verandas patio covers window boxes and/or similar features. 54. All garage interiors shall be improved with dry wall tape and topping. 55. The tentative tract shall be developed not to exceed a .5 FAR 56- Homes within this subdivision shall be limited to five -bedrooms, Non -sleeping rooms shall be constructed to prevent conversion into sleeping rooms. 57. Landscape improvements within the MWD easement shall receive approval of MWD prior to installation, FINAL CONDITIONS OF APPROVAL - TENTATIVE TRACT 31886 BUILDING AND SAFETY DEPARTMENT General Requirements: 58. All required Fire Department vehicle access roads shall be maintained in a passable condition at all times for emergency Fire Department use, Gates or other obstructions shall be approved by the Fire Department prior to construction. 59. If construction is phased, each phase shall be provided with approved access roads (curb, gutter and all-weather surface) and fire protection prior to building Page 39 of 82 PACKET PAGE: 93 AGENDA ITEM 3A.7:tion. 60. All developments shall have two points of access, via access roads (curb, gutter and all-weather surface). 61. All lumber scraps, combustible materials and other debris shall be picked up daily, or more often as required by the Building and Safety Department. 62. If water supply for fire hydrants is lost or if pressure is dramatically reduced, the applicant/owner should contact the City of San Jacinto, Building and Safety Department Prior to Issuance of Building Permits: 63. Fire hydrants shall be tested, accepted and placed in service prior to any combustible materials being placed on the site. Hydrants shall be placed on all streets in and around all projects. 64. All locations where structures are to be built shall have approved Fire Department access roads (curb, gutter and all-weather surface), for 60,000 Ibs GVWttraffic index of AC thickness of .25, provided prior to construction. Prior to Issuance of Occupancy Permits: 65. Specific address for each home shall be provided, shall be contrasting color and background, and shall be 4" in height. PJI house address shall be identified in a clear and concise manner, including proper illumination. Page 40 of 82 PACKET PAGE 94 AGENDA ITEM 3A.7 TSAN )AC INTO MEMORANDUM August 19, 2004 TO: Tim Hults, Community Development Director FROM: Habib Motlagh, City Engineer SUBJECT: Tentative Tract No. 31886 (321 Lots) Engineering Conditions of Approval - Revised per Planning Commission 08/26/2004 With respect to the Conditions of Approval for the above referenced project, the City of San Jacinto requires that the land divider provide the following street improvements and/or road dedications in accordance with City of San Jacinto Ordinances. It is understood that the tract map correctly shows all existing and proposed easements, traveled ways, right-of-way, and drainage courses. These ordinances and the following conditions are essential parts of requirements, occurring in ONE are as binding as though occurring in all. They are intended to be complimentary and to describe the conditions for a complete design of the improvements. All questions regarding the true meaning of the conditions shall be referred to the City Engineer's office. 1. Drainage and flood control facilities and improvements shall be provided in accordance with Riverside County Flood Control and Water conservation District, and the City of San Jacinto requirement, and the following: A. This project is located within the limits of the San Jacinto Area Drainage Plan for which drainage fees have been adopted by the City. The developer and residents of this subdivision shall support the continuous maintenance of the drainage facilities, open space, landscaping, onsite streets and street lighting by annexing to the Landscaping, Lighting and Park District No. 2 prior to recordation of any final map or issuance of any permit. 2. The developer shall provide water and sewer services to each lot in accordance with the requirements of the appropriate utility purveyor. This project is within the EMWD's water and City's sewer service area. Water and sewer improvements shall be installed per EMWD Standards. 3. On and off -site fire hydrants shall be installed as determined by the Fire Department. Page 41 of 82 PACKET PAGE: 95 AGENDA ITEM 3A.7 4- Prior to issuance of any grading permit, the developer shall comply with NPDES and S W.P.P.P. requirements, and NOI must be submitted to Water Quality Board for review and approval. Additionally,grading,street,water,sewer, hydrology landscaping, drainage improvement plans, and final map shall be submitted as a package and reviewed concurrently. No grading permit shall be issued until City Engineer finds the plans in compliance with Conditions of Approval and City Ordinancas- 5. 6' wide concrete sidewalk and handicap ramps shall be constructed throughout the projee (on and off -site). Construction of sidewalk adjacent to driveways shall he in a manner to accommodate ADA Standards. 6. The street, grading striping, water, sewer, and drainage improvement plans in addition to hydrological calculations and other supporting documents shall be submitted to the City for review and approval. The improvement shall be installed pursuant to Riverside County Transportation, Riverside County Flood Control, and Eastern Municipal Water District Standards- 7. Marbelite street lights os determined by the City Engineer shall be installed along all streets per SCE and Riverside County Standards. 8- Existing power poles adjacent to this development shalt be underground or relocated as appropriate per City and SCE regulations and requirements. 9. The grading and construction of this project shall be done in a manner to perpetuate existing drainage patterns. Any deviation, increased or concentration of runoff requires drainage easements from effected property owners. The drainage basin/park shall be designed and constructed following. A. The basin shall be designed to assume full retell appropriate free hoard, pursuant to Riverside Cotmp Flood Control Standard vide the The basin shall have no more than 25' of water in 100-year event with 1 board and maximum of 3-5' depth below adjacent streets. Fencing shall be provided as determined by Planning Department. Side slopes shall be maximum of 5.1 adjacent to streets and 311 adjacent to lots. C. Emergency overflow and pump with standby generator shall be installed to handle the 100-year storm event and discharge this flow to an acceptable outlet within 72- hours- D- The basin and other drain: accepted by City. ed by de ntil This site is located within Zones `A." All pads shall be elevated a minimum above 100-year calculated water surface elevations. Prior to issuance of building permit, the applicant and shall file and receive approval of CLOMR- No occupancy permit shall be issued until LOMR has been obtained. Page 42 of 82 PACKET PAGE: 96 Offsite d basin. dea q re di AGENDA ITEM 3A.7 11. Construction of nuisance and other facilities drain and connection to proposed basin to elimir and shall be located at locations shown on the 14. A. At all intersections where drainage faciliti B. At intersection of `GI' and" IT Streets C At intersection 01'0- with "N and "Q" D. At intersection of"P" with "R" Street E. Intersection of Bridge Road with "A- Street 10-year and 100-year stonn events shall be retained within proposed right-of-way lines, and discharged to basin. 12. Ramona Boulevard from easterly tract boundary to weste with new asphalt paving and concrete curb, gutter, located 32 half -width dedicated right-of-way_ Ramona Boulevard on the with minimum of 15' wide pavement p nts and pr hin 44' proved All interior sbcets shall be improved with concrete curb, gutter, located 20 on either side of centerline within 60' dedicated right-of-way_ Bridge Road at the entry of project shall be designed to intersect "A" Street at 90° and shall be improved as shown on tentative map. mI 15. Bridge Road diem shall be 05% unless otherwise approved by City Engineer. concrete curb, and gutter, sidewalk median. In the event rightrot=way ist pavement shall be installed along west side of Zarn proved (Ix) ed 36' pressway des where righ ch side of center annot be obtain andscape median 3mdevard (90° is available) with with landscape d, minimum of 15' of 16. Ramona Expressway from Bridge Street to easterly tract boundary sl on the south side with new pavement, curb and gutter located 55' from c (1/2 width) landscape median within 71' 6 width dedicated right-of-way, includ as shown on the tentative map. 17. All work within Ramona II .Iur g improved d 7' wide green belt nd approval by Caltrans. I8- A traffic signal at intersection of Bridge and Ramona Exprcescay s issuance of any occupancy permits- if Caltrans does not al until the warrant is met, developer shall be required to finalize plans and permit for this signal and be required to install said signal prior to issuance the 1801" unit Letter of credit or cash deposit shall be posted to guarantee it signal. ed plot to upancy for ion of PACKET PAGE: 97 Page 43 of 82 AGENDA ITEM 3A.7wi1 shall be sub nine any permit or recordation of the final maf x and appro prior to issua • Street Improvement Plans • Signal and Striping Plans • Water and Sewer Plan • Drainage Plans • Hydrology and hydraulic report • Landscaping plans for Bridge and Channel, etc • SWPPP (IDr reference only) 20. Additional improvements at all intersections shall be installed to provide for left and [Inn lanes (all directions), as determined by City Engineer. 2I. Prior to recordation of final map, the applicant shall participate with area benefit assessment for constnretion of realigned Lyon Avenue proposed by City. 22. All easements within individual lots shall be minimum of 20' wide and improved with turf block. 23- All work wiihhr IBM right-of-wgy shall require their review and approval. 24. No parking signs shall be installed along ''4 Sheet from Bridge .Sheet to " B" Street, except area adjacent to Lots I and 2 Page 44 or 82 PACKET PAGE: 98 EXHIBIT D AGENDA ITEM 3A.7 (Existing Development Regulations) City of San Jacinto General Plan, adopted May 2006, as amended up to and including the Effective Date hereof City of San Jacinto General Plan EIR, adopted May, 2006 (State Clearinghouse 42001111165), and associated Mitigation, Monitoring and Reporting Program City of San Jacinto Municipal Code, as amended up to and including the Effective Date hereof City of San Jacinto Zoning Ordinance, as amended up to and including the Effective Date hereof Page 45 of 82 PACKET PAGE: 99 AGENDA ITEM 3A.7 Fxlt[I3 (Development Impact Fee Credit Categories Eligible for Cross Category Credit) Fee Lots l'otal DIP -Flood $1,198 151 $180,898 DIP -Park $3,010 151 $454,510 DIP Sewer $200 151 $30,200 DIF- Planning Current $50 I51 $7,550 DIF- Planning Advanced $150 IS 1 $22,650 F-Police $198 I51 $29,898 DIF-Government Service $408 151 $61,608 DIF- Roads - $1,468 151 $221,668 DIF-I3ikes $49 151 $7,399 DIF-Traffic Signal $256 151 $38,656 DIF-Admin $20 I51 $3,020 Subtotal DIF $7,007 Carpool $90 151 $ 13,590 Total Credit Due $9,035 I51 $ 1,071,647 Page 46 or 82 PACKET PAGE: 100 EXHIBIT F AGENDA ITEM 3A.7 IMPROVEMENT AND CREDIT/ REIMBURSEMENT AGREEMENT TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM This IMPROVEMENT AND CREDIT AGREEMENT ("Agreement") is entered into this day of , 20 , by and between the (City/County) of I **a California municipal corporation ('City") or a subdivision of the State of California (`Count}`)**I, and . a California (**INSERT TYPE OF ENTITY - corporation, partnership, sole proprietorship or other legal entity**], with its principal place of business at I *ENTER ADDRESS**i (Developer). (City/County) and Developer are sometimes hereinafter referred to individually as "Part:" and collectively as -Parties. RECITALS WHEREAS, Developer owns acres of real property located within the (City/County) of . California, which is more specifically described m the legal description set forth in Exhibit "A- attached hereto and incorporated herein by this reference ("Property`), WHEREAS, Developer has requested from (City/County) certain entidemev(s and/or permits for the construction of improvements on the Property. which are more particularly described as WHEREAS, the (City/County) is a member agency of the Western Riverside Council of Governments ("WRC(G'), a joint powers agency comprised of the County of Riverside and 16 cities located in Western Riverside County. WI(COG is the administrator for the Transportation Uniform Mitigation Fee (—TUMF") Program; WHEREAS, as part of the TUMF Program. the (City/County) has adopted "Transportation Uniform Mitigation Fee Nexus Study: 2009 Update" ("2009 Nexus Study") I**IF APPLICABLE INSERT: and the "Addendum 1 - Temporary Fee Reduction ("Addendum')"**). WHEREAS, as a condition to (City/Countv)`s approval of the Project, (City/County) has required Developer to construct certain street and transportation system nnprovement(s) of regional importance (TUMF Improvements"), WHEREAS, pursuant to the TUMF Program, the (City/County) requires Developer to pay the TUMF which covers the Developers fair share of the costs to deliver those TUMF Improvements that help mitigate the Projects traffic impacts and burdens on the Regional !Wry] evPOn7693773 PACKET PAGE: 101 Page 47 of 82 AGENDA ITEM 3A.7 System of Highways and Ar Project and that are necessary and from the Project using the Network"), generated by the el fare of persons that travel to WHEREAS, the TUMF Improvements have been designated as having Regional or Zonal Significance as further described in the 2009 Nexus Study and the 5 year Transportation Improvement Program as may be amended, WHEREAS, (City/County) and Developer now desire to enter into this Agreement for the following purposes: (i) to provide for the timely delivery of fie TUMF hnprovenents, (2) to ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were constricted under the direction and authority of the (City/County), (3) to provide a means by which the Developer's costs for project delivery of the TUMF Improvements and related right-of-ways is offset against Developer's obligation to pay the applicable TIIMF for the Project in accordance with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to the separate approval of WRCOG, for Developer to be reimbursed to the extent the actual and authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF obligation. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and (City/County) hcrcby agree as follows: TERMS trove and agree to the ineoipc 2.0 Construction of T s hereby atnnn Inc facts constructed at its own cost, expense, and liability certain sncet and trans Improvements generally described as p and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved be (City/County), and which are incorporated herein by this reference (" TUMF Improvements"). Construction of the TUMF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. I)e'eloper shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the TUMF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of (City/County) and the owner of such improvement. Developer further xvw 9ww'n7593n3 PACKET PAGE: 102 Page 4 of 82 AGENDA ITEM 3A.7 promises and engineering services necessarl ide all equipment, tools_ materials_ paler, tests, design work_ and ly and adequately complete theTUMF improvements. 2.1 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the TUMF Improvements until all plans and specifications for the TUMF Improvements have been submitted to and approved by (City/Count). Approval by (City/County) shall not relieve Developer from ensuring that all TUMF Improvements conform pith all other requirements and standards set forth in this Agreement. 2-2 Permits and Notices- Prior to commencing any work. Developer shall, at expense, and liability_ obtain all necessary permits and licenses and give all y and incidental notices required for the lawful construction of the TUMF Improvements and performance of Developer's obligations under this Agreement Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Imp] supervision_ following rev Improvements with respect tc Department. hnproveme bid(s) for the docum Articles with applie Code relating to publi standards of (City/County otherwise directed by the I 23 Public Works Requirements. In order will be constructed as if they had been constructed under order the authority of, (City-/Counp9, Developer shall comp the construction of the TUMF improvemel Developer shall obtain bids for the construction of the TUMF with the standard procedures and requirements of (City/County) projects, or in a manner which is approved by the Public Works (b) The contract or contracts for the construction of the TUMF hall be awarded to the responsible bidder(%) submitting the lowest responsive >nstrrction of iJl Developer shall require, and the specifications and bid and c such contractors to pay prevailing wages (in accordant Part 7, Division 2 of the Labor Code) and to otherwi .ator Code. the Government Code and the Public Cont ks projects of cities/counties and as required by the procedures and respect to the construction of its public works projects or as ks Department All such contractors shall of the construction of tlu City/County)'s standard p spired to provide proof UMF Improvements which edures and requirements. RwoaW:vogvssvz3 PACKET PAGE: 103 Page 49 of 82 AGENDA ITEM 3A.7 (e) Developer and all sue requirements relating to the construction of the TL impose by written notification delivered to Develop° either prior to the receipt of bids by Developer for the or_ to the extent required as a result of changes in applicable laws, dur construction thereof. Owner shall provide proof to (City-/Ct. may require, that the foregoing requir• pro(ernents whicl id each such con so-uaion of the Tl hd lave been satisfied as to the th such other City/County) may or at any time, MF Improvements, g the progress of (City/C hprovenie 2A Quality of Work Compliance With Laws and Codes- The construction plans and specifications for the LAME Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances. regulations, codes, standards, and other requirements. The TUMF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with (City/County), as well as all applicable federal, state, and local laws, ordinances regulations, codes, standards, and other requirements applicable at the time work is actually commenced. 25 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the TUMF Improvements in a skillful and workmanlike manner. and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the tern of this Agreement 2.6 Alterations to TUMF Improvements. All work shall be done and the TOW Improvements completed as shown on approved plans and specifications, and any subse- quent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the TUMF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by (City/County). Any and all alterations in the plans and specifications and the TUMF Improvements to be completed may be accomplished without first giving prior notice thereof to Developers surety for this Agreement. liable for the maintenance c accepts them- (City/County) accepted Any use by any persc the sole and exclusive risk of Dc be responsible or County) approves and F Improvements until ny Iwrzion thereof, shall be at (City/County) s acceptance of the -a- ewe evxwv7ss3n3 PACKET PAGE: 104 Page 50 or 82 AGENDA ITEM 3A.7 UMF hnprc good repair unt Developer sl ipletcd by Deve and until the security for the performance of this Agreement is released. It shall be Developer's responsibility to initiate alI maintenance work. but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by (City/County). If Developer fails to properly prosecute its maintenance obligation under this section, (City/County) may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement (City/County) shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the TUMF Improvements or their condition prior to acceptance. he TUMF Improvements in a state of and approved and accepted by (City/County). 4-0 Fees and Charges. Developer shall, at its sole cost, expense, and habdrty, pay all fees, charges, and taxes arising out of the construction of the 7I➢ IF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service or impact fees established by (City/County). 5.0 City/County Inspection of TUMF Improvements. Developer shall. at its sole cost, expense, and liability, and at all times during construction of the TUMF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by (City/County) of the TUMF hnprovements and areas where construction of the TUMF Improvements is occurring or will occur_ 60 Liens- IIpon the explratlon of prescribed by Sections 31 L5 and Improvements, Developer shall provide to (Cib (City/Count}) shall require that all persons, firms and en materials_ supplies and equipment to the construction of the paid. and that no claims of liens have been recorded by or on corporation. Rather than await the expiration of the said tin liens, Developer may elect to provide to (City/County) a title acceptable to (City/County) guaranteeing that no such claims of lien upon any of the Property. ding of claims of lions as espect to the TUMF evidence or proof as supplying work, labor, novements, have been y such person, fine or the recording of claims of ice policy or other security ill be recorded or become 7.0 Acceptance of TUMF Improvements; A s413ui1t or Record Drawings- If the TUMF Improvements are properly completed by Developer and approved by (City/County), and if they comply with all applicable federal, state and local Taws_ ordinances, regulations, codes, standards, and other requirements. (City/County) shall be authorized to accept the TUMF Improvements. (City/County) mayin its sole and absolute discretion, accept fully completed portions of the TUNE Improvements prior to such time as all of the TUMF Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the TUMF Improvements. Upon the total or partial acceptance of the TUMF Improvements by (City/County), Developer shall file with the Recorder's Office of the County of Riverside a notice of completion for the accepted TUMF Improvements in accordance with California Civil sew svww.vw3„3 PACKET PAGE: 105 Page 5 1 of 82 AGENDA ITEM 3A.7 Code section 3093 ("Notice of Completion"' shall become the sole and exclusive proper Notwithstanding the foregoing, (City/County) may d TUMF Improvements any payment therefore. and until Developer provides one ( I) set of'as-built" or record drawings or plans to the (City/County) for all such TUMF Improvements. The drawings shall be certified and shall reflect the condition of the 'FIRM( Improvements as constructed, with all changes incorporated therein. 8.0 Warranty and Guarantee. Developer hereby warrants and guarantees TUMF Improvements against any defective work or labor done, or defective ma[euals furnished the performance of this Agreement, including the maintenance of the TUMF Improvements, for a period of one O year following completion of the work and acceptance by (City/County)GWananty )_ Sliming the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards. or other requirements of (City/County), and to the approval of (City/County). All repairs. replacements. or reconstruction during the Warranty shall be at the sole cost, expense. and liability of Developer and its surety. As to any TIME Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (I) year period following (City/Corntr)'s acceptance of the repaired. replaced. or reconstructed TUMF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any TI.MF Improvement following expiration of the Wananty or any extension thereof Developers warranty obligation under this section shall survive the expiration or termination of this Agreement. 9.0 Administrative Costs. If Developer fails to construct and install all or any part of the TL11VIF Improvements, or if Developer tails to comply with any other obligation contained and its surety shall be jointly and severally liable to (City/County) for all ndmmistrative eyx.mes, tees, and costs. including reasonable attorneys fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 10.0 Default. Notice' Remedies. 10.1 Notice. If Developer neglects, refuses, or fails to f complete any obligation, rein, or condition of this Agreement, or if (City/County) determines there is a violation of any federal, state, or local law. ordinance, regulation. code. standard, or other requirement. (City/Count)) may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately rem edy the default or viola [ion ("Notice"). Dev eloper shall substantially commence the work required to remedy the default or violation within five (5) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare. (City/County) may provide the Notice verbally, and Developer shall substantially -6- RVw mN<w.735337-3 PACKET PAGE: 106 Page 52 or 82 AGENDA ITEM 3A.7 commence the requited work within twenty-four (24) hours thereof- Immediately upon (Cut}/C0unty)'s issuance of Cite Nonce, Developer and its surety shall be liable to (City/County) for all costs of construction and installation of the TUMF Improvements and all other administrative costs expenses as provided for in this Section 10.0 of this Agreement. 10.2 Failure to Remedy City/County Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to (City/County) within the time frame contained in the Notice- (City/County) may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. (City/County)'s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any of the TOME Improvements at the time of (City/County)'s demand for performance. In the event (City/County) elects to complete or arrange for completion of the remaining work and the TUMF Improvements- (City/County) may require all work by Developer or its surety to cease in order to allow adequate coordination by (City/County). 103 Other Remedies. No action by (City/County) pursuant to this Section 10.0 et seq of this Agreement shall prohibit (City/County) from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. (City/County) may exercise it rights and remedies independently or cumulatively. and (City/Count}) may pursue inconsistent remedies. (City/County) may institute an action fi damages, injunctive relief, or specific performance. 11.0 Security; Surety Bonds. Prior to the commencement of any work on the TUMF Improvements, Developer or its contractor shall provide (City/County) with surety bonds in the amounts and under the teens set forth below ("Security'). The amount of the Security shall be based on the estimated actual costs to construct the TUMF Improvements, as determined by (City/County) after Developer has awarded a contract for construction of the TUMF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement ("Estimated Costs"). If (City/County) determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by (City/County). Developer's compliance with this Section 11.0 et seq. of this Agreement shalt in no way limit or modify Developer's indemnification obligation provided in Section 12.0 of this Agreement I1-1 Performance Bond. To guarantee the fai Improvements and all the provisions of this Agreement. to protect (Croy/C default as set forth in Section 10.0 et seqof this Agreement, and to secu guarantee and warranty of the TUNE Itnprovements, Developer or its contractor shall provid (City/County) a faithful performance bond in an amount which sum shall be not Iess than one -7- ewe evxwy7ssrn3 PACKET PAGE: 107 Page 53 or 82 AGENDA ITEM 3A.7 hundred percent (100%) discretion, parti TIME Improven on any provision o ated Costs. The (City/Countyand absolute rtons of the security provided under this section as the opted by (City/County), provided that Developer is not in default Agreement and the total remaining security is not less than ( %of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, Or any extension thereof as provided in Section I L0 of this Agreement, provided that Developer is not in default on any provision of this Agreement. I1-2 Labor & Material Bond. To secure pal subcontractors, laborers, materialmen, and offer persons furnishing Iabo equipment for performance of the TUMF improvements and this Agreement, I contractor shall provide (City/County) a labor and materials bond in an amount which smn shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of (City/County) after six (6) months from the date (City/County) accepts the TUMF Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which (City/County) is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of (City/County )"s anticipated administrative and legal expenses arising out of such claims. 11-3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Bust rating of at least'A" and FSC-VIII, shall be licensed to do business in California, and shall be satisfactory to (City/County). As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by (City/County) in enforcing the obligations of this Agreement Developer, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications for the TIME Improvements shall in any way affect its obligation on the Security. 11.4 Evidence and Incorporation of Security- Evidence of the Se provided on the forms set forth in Exhibit `B'". unless other forms are deemed acceptable bl (City/County), and when such forms are completed to the satisfaction of (City/County), the fors and evidence of the Security shall be attached hereto as Exhibit `B" and incorporated herein by this reference 12.0 Indemnification. Developer shall defend, indemnify, and hold par Mess (City /County), its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, orris negligence, or willful misconduct of Iveloper, its employees, contractors or agents in -8- asw ahHwxvS93„3 PACKET PAGE: 108 Pa 54 0l 82 AGENDA ITEM 3A.7 connection with the performance of this Agreement ("Claims"). This indemnification includes, without limitation, the payment of all penalties, fines, judgments awards, decrees, attorneys fees, and related costs or expenses- and the reimbursement of (City/County), its elected officials" employees, and/or agents for all legal expenses and costs incurred by each of then. This indemnification excludes only, such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of (City/County) as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall surnve the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by (City/County), its elected officials, employees, or agents. 13.0 Insurance. 13.1 Types Amounts. Developer shall procure and maintain. and s contractors to procure and maintain, during performance of this Agreement, insure and in the amounts described helow ('Required Insurance")- If Insurance contains a general aggregate limit, such insurance shall ap Agreement or be no less than two times the specified occurrence IimiL 13. LI General Liability. Occurrence version general Iiab or equivalent form, with a combined single limit of not less than Two M (S2,000.000) per occurrence for bodily injury, personal injury,andproperty damage. 13-I.2 Business Automobile Liability- Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars (S1,000.000) per occurrence- Such insurance shall include coverage for the ownership, operation, maintenance, use. loading, or unloading of any auto owned, leased- hired, or borrowed by the insured or for which the insured is responsible. 13.1.3 Workers' Compensation. Workers' compensation insura ired by the Labor Code of the State of California and employers' liability s than One Million Dollars ($1,000,000) per occurrence, at all times cured retains employees. 13.1.4 Professional hiability. For any consultant or other professional m design the TUMF Improvements, 1 insurance for errors and s with limits not less than Two Million Dollars (S2,000,000) per occwremce, shall be procured and maintained for a period of live (5) years following completion of the TUMF Improvements- Such insurance shall be endorsed to include contractual liability- 132 Deductibles- Anv deductibles or self -insured retentions must be dec and approved by (City/County). At the option of (City/County), either (a) the insurer shall or eliminate such deductibles or self -insured retentions as respects (City/County), its officials, officers, employees. agents, and volunteers: or (b) Developer and its contractors _9- red to educe Iected Rwu mav+OA769377.o PACKET PAGE: 109 Page 55 of 82 AGENDA ITEM 3A.7 shall provide and related investigation costs, ry to (City/County) guar pa) and administrative and defense rrxnenses. 13.3 Additional Insured Separation of Insureds. The Required Insurance, except for the professional liability and workers' compensation insurance, shall name (City/County), its elected officials officers, employees, and agents as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith- The Required Insurance shall contain standard separation of insureds provisions. and shall contain no special limitations on the scope of its protection to (City/County), its elected officials, officers, employees, or agents- prrmary elected insurance subrogation policy 13 4 Primary Insurance. Waiver of Subrogation. The Required Insurance shall be any insurance or self-insurance programs covering (City/County), its nnployees, or agents- The policy required for workers' compensation rrovide that the insurance company waives all right of recovers by way of against (City/County) in connection with any damage or harm covered by such 135 Certificates Verification. Developer and its contractors shall furnish (City/County) with original certificates of insurance and endorsements effecting coverage for the Required Insurance The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf- All certificates and endorsements must be received and approved by (City/County) before work pursuant to this Agreement can begin. (City/County) reserves the right to require complete. certified copies of all required insurance policies, at any time. 13.6 Term Cancellation Notice- Developer and its contractors shall maintain the Required Insurance for the teen of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced canceled, or allowed to expire except on thirty (30) days' prior written notice to (City/County). 137 Insurer Rating Unless approved in writing by (City/Cou Insurance shall be placed with insurers licensed to do business in the State of Ca current A.M. 13est rating of at least "A" and FSC-V HL 14.0 Cl/MR Credit. 14.1 Developer's 'FUME Obligation. Developer hereby agrees and accepts that as of the date of this Agreement, the amount Developer is obligated to pay to (City/County) pursuant to ( insert appropriate reference for city or county ) as part of the TUMF Program is ($ ) ('FUME Obligation'). This TUNE Obligation shall be initially determined under the nexus study and fee schedule in effect Rvw¢wxovv5znz3 PACKET PAGE 7 7 0 Page 56 or 82 AGENDA ITEM 3A.7 for the (`City/Oounty") at th TUMF Improvement Notwifistendii Certificate of Occupancy is obtained p submits a building permit applieat Obligation does not have to be paid 14-2 Limited Period of Adjustment For those participating WRCOG that have adopted the Addendum to the 2009 Nexus Study, the De qualify for a pro-rata adjustment of its Maximum TUMF Share if existing or future I TUMF Improvement are completed under a different nexus study and the Developer pa TUMF Obligation required under the 2009 Nexus Study. A Developer may also request to pay the full TUMF Obligation under the 2009 Nexus Study if TUMF Improvements started under Addendrnn will be completed under a different nears study- Fo make either request. the Developer must submit its Amendment No. 1 to this Agreement ("Amendment') attached as Exhibit `G" before WRCOG adopts the following year's Construction Cost Index in February- if the Developer fads to submit an Amendment before February of the following year. the TUMF Obligation as would be otherwise calculated under the Addendum shall remain in effect 14.3 Fee Adjustments- Notwithstanding the foregoing, Developer agrees that this Agreement shall not estop (City/County) from adjusting the TIIMF in accordance with the provisions of j insert appropriate reference for city or county )- If Section 14.2 is not applicable, Developer agrees and acknowledges that Developer's final TUMF Obligation for the Project shall be calculated when the building permit application is submitted and in accordance with the provisions of ( insert appropriate reference for city or county ) in effect at such time. 144 Credit Offset Against TUMF Obligation. Pursuant to ( insert appropriate reference for city or county ) and in consideration for Developer's obligation under this Agreement for the delivery of TIIMF Improvements, credit shall be applied by (City/County) to offset the TUMF Obligation ('Credit') subject to adjustment and reconciliation under Section 142 and 14.6 of this agreement. Developer hereby agrees that the amount of the Credit shall be applied after Developer has initiated the process of project delivery of TUMF Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the Credit shall be equal to the lesser oL (A) the bid amount set forth in the contract awarded to the lowest responsible bidder, or (B) the unit cost assumptions for the TUMF Improvement in effect at the time of the contract award_ as such assumptions are identified and determined in the 2009 Nexus Study and the TUMF Administrative Plan adopted by WRCOG ("Unit Cost Assumptions"). The bid amount and the Unit Cost Assumptions shall hereafter be collectively referred to as "Estimated Cost". At no time will the Credit exceed the Developer's TUMF Obligation. If the dollar amount of the Estimated Cost exceeds the dollar amount of the TUMF Obligation. Developer will be deemed to have completely satisfied its TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable as provided in Section 14-5 of this Agreement If the dollar amount of the Estimated Cost is less than the dollar _r _ asw svPQXv7593773 PACKET PAGE: 111 Page 57 0l 82 AGENDA ITEM 3A.7 amount of the TUMF Obligation. tine De TUMF Obligation as silent residential units to offset and/e the TUMF Obligation has been of offset applicable to each unit, shal (City/County) pursuant to this section oper agrees the Cnrodit shall b in the Project, the Credit sha TUMF Obligation. The residential unite for whirl A satisfied by use of the Credit, and the amount of identified in the notice provided to the Developer by (2) For commerwal and industrial strucnnres in the Project, the Credit shall be applied to all commercial and industrial development to offset and/or satisfy the TUMF Obligation. The commercial or industrial structure(%) for which the TUMF Obligation has been and/or satisfied by use of the Credit, and the amount of offset applicable to such structure(s), shall be identified in the notice provided to the Developer by (City/County) pursuant to this section. (Ciro/County) shall provide Developer written notice of the determinations that (City/County) makes pursuant to this section, including hors the Credit is applied to offset the TUMF Obligation as described above. 14.5 Verified Cost of the TUMF Improvements. Upon recordation of the Notice of Completion for the TUMF Improvements and acceptance of the TIJMF Improvements by (City/County). Developer shall submit to the (City/County) Public Works Director the information set forth in the attached Exhibit "C". the (City/County) Public Works Director, or his or her designee. shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the 'BUMF Improvements covered under this Agreement ("Verified Costs'). The (City/County) Public Works Director will use his or her best efforts to determine the amount of the Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer. 14.6 Reconciliation Final Credit Offset Against TUMF Obligation. The Developer is aware and accepts the tact that Credits are speculative and conceptual in nature. The actual amount of Credit that shall be applied by (City/County) to offset the TUMF Obligation shall be equal to the lesser of (A) the Verified Costs or (B) Unit Cost Assumptions for the TUMF Improvennents as determined in accordance with Section 14 4 of this Agreement ("Actual Credit). No Actual Credit will be awarded until the Verified Costs are determined through the reconciliation process Please be advised that while a Developer may use an engineer's estimates in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be determined by the reconciliation process. (a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar TUMF Obligation ((FUME Balance'"), the (City/County) Public Works Director wide written notice to Developer of the amount of the TUMF Balance and Dev _12- areev NNOXv7593773 PACKET PAGE 7 7 2 Page 5 0l 82 AGENDA ITEM 3A.7 shall pay the TUMF Balance in accordance with insert avvrooriate reference for city or county) to fully satisfy the TUMF Obligation (see Exhibit "F' - Example "A). (b) TUMF Reimbursement. if the dollar amount of the Actual Credit exceeds the F Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for et and may apply for a reimbursement agreement, to the extent applicable. as provided in Section 147 of this Agreement. (City/County) shall provide Developer written notice of the determinations that (City/County) makes pursuant to this section (see Exhibit 'II" - Example "BM (c) TUMF Overpavanentif the dollar amount of the Actual Credit exceeds the Estimated Cost. but is less than the TUMF Obligation, but the Actual Credit plus additional monies collected by (City/County) from Developer for the TUMF Obligation exceed the TUMF Obligation ('TUMF Overpayment"), Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may be entitled to a refund. The (City/County) Public Works Director shall provide written notice to WRCOG and the Developer of the amount of the TUMF Overpayment and WRCOG shall refund the Developer in accordance vvith ( insert appropriate reference for city o r county) )(see Exhibit" F"-Example C). 14.7 Reimhursement Agreement If authorized under either Section 144 or Section 14.6, Developer may apply to (City/County) and WRCOG for a reimbursement agreement for the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to Section 14.4 of this Agreement. ( rinsert appropriate reference 1m city or county )_ and the TUMF Administrative Plan adopted by WRCOG ('Reimbursement Agreement)_ If (City/County) and WRCOG agree to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on the form set forth in Exhibit 4D" and shall contain the terms and conditions set forth therein. The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein. 15D Miscellaneous. 15-1 Assignment. Developer may assign all or a portion of its rights pu this Agreement to a purchaser of a portion or portions of the Property ("Assign Iveloper and such purchaser and assignee ("Assignee") sh¢II provide to (City/Coun reasonable pro ol as it may require that Assignee is the purchaser of such portio Property- Any assignment pursuant to this section shall not be effective unless and Developer and Assignee have executed an assignment agreement with (City/County) in a reasonably acceptable to (City/County), whereby Developer and Assignee agree. except as may be otherwise specifically provided therein, to the following' (1) that Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including such credit as is determined -o_ zoo eyrzrvognsvr.r PACKET PAGE: 113 Pegs 59 of 82 AGENDA ITEM 3A.7 to be applicable to the portion of the Property purchased by Assignee pw scant to Section 14. seq. of this Agreement, a id (2) [hat Assignee shall be bound by u11 applicable provisions of this Agreement 15-2 Relationship Between the Parties. Tie Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, Or agency between (City/County) and Developer Developer's contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of (City/County). 15.3 Warranty as to Property Ownership Authority to Enter Agreement. Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right. and authority make this Agreement and hind each respective Party. 15.4 Prohibited Interests- Developer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Dew solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, a commission percentage, brokerage fee, gift or other consideration contingent upon the making this Agreement. For breach of this warranty. (City/County) shall have the right to rescind tIi s Agreement without liability. shall be in may desigi 15.5 Notices. All notices. demands, invoic ring and delivered to the following addresses or by written notice. To (City/County)'. (City/Cmmty) OF To Developer: Fax No. (909) Attu. Fax No. ( ) Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent: by messenger, as of the date delivered: and by 13. S. Mail first class postage prepaid, as of 72 hours after deposit in the 11.5. Mail. avw ¢wxovv5zvz3 PACKET PAGE: 114 Page 60 ni 82 AGENDA ITEM 3A.7 15.6 Cooperation Further Acts. The Parties shall fully cooperate with one id shall take any additional acts or sign any additional doaeneuts as may be necessary, convenient to attain the purposes of this Agreement 15.7 Construction References' Captions. 1t being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to is fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to (City/County) include its elected officials, officers employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope_ content, or intent of this Agreement. 15.8 Amendment Modification. No supplemen[, modifi this Agreement shall be binding unless executed in wr ed by brit 15-9 Waiver. No waiver of any default shall constitute a waiver o default or breach, whether of the same or other covenant or condition. No waiver, privilege, or serice voluntarily given or performed by a Party shall give the other Patti contractual rwht by custom. estouneh or otherwise. dr 15-10 Binding Effect teach and binding on and shall inure representatives, or assigns. This to assign any right or obligation. 15.11 No Third Party Benefiei beneficiaries of any right or obligation assumed by the R 15.12 Invalidity. Severabi pity- If any portion of [his Agreement is declared d, illegal, or otherwise unenforceable by a court of competent jurisdiction. the re provisions shall continue in full force and effect. intended third party 15.13 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California- Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside. California Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a zvw ¢wNQXOw9vz3 PACKET PAGE: 115 Page 61 or 82 AGENDA ITEM 3A.7 governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding- Without limning the generality of the foregoing waiver. Developer expres9e waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394 15.14 Time is of the Essence. Time the essence in this Agreement, and execute all documents and proceed with due diligence tt 15.15 Counterparts. This Agreement may he sipvred which shall constitute an original and which collectively shall 15-I6 Entire Agreement This Agreement contain (City/County) and Developer and supersedes any prior oral or written sta[ements or agreements between (City/County) and Developer. [SIGNATURES OF PARTIES ON NEXT PAGE( Rvw ¢wxovv5svz3 PACKET PAGE 7 7 6 Page 62 or 82 AGENDA ITEM 3A.7 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. ATTEST: By: Its: DEVELOPER: [**INSERT NAME OF DEVELOPER**1 Bv: Its ATTEST: By: Its: [**(CITY/COUNTY) of By: Its: _17_ RVPU B\PKNOX\769377.3 PACKET PAGE: 117 Page 63 of 82 AGENDA ITEM 3A.7 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY [ATTACHED BEHIND THIS PAGE] EXHIBIT A- I RVPU B\PKNOX\769377.3 PACKET PAGE: 118 Page 64 of 82 AGENDA ITEM 3A.7 EXHIBIT "B" FORMS FOR SECURITY [ATTACHED BEHIND THIS PAGE] EXHIBIT B-1 RVPU B\PKNOX\769377.3 PACKET PAGE: 119 Page 65 of 82 AGENDA ITEM 3A.7 BOND NO. INITIAL PREMIUM. SUBJECT TOR INI A PERFORMANCE BOND WHEREAS, the (CipdCou has executed (hereinafter "Developer"), requiring Develope materials_ Iransportat p but not limited to, furnishing all labor, icidentals for the construction of street and he"Work"). EAS, the Work to be performed by Developer is r forth in that certain TUMF Improvement and Credit Agreement dared , (hereinafter the "Agreement ); and reference. and WHEREAS, the Agreement is hereby referred to and incorporated herein by this WHEREAS. De good and sufficient bond for porfo Work constructed thereunder. is required by the Agreement to provide a Agreement, and to guarantee and wartauty the NOW, THEREFORE. we the undersigned, as Principal and under the Taws of the State of and duly authorized to business render the laws of the State of California. as Surety, are held and firmly bound (City/County) of ($ ), said sum being not less than one hundred percent (100%) of the total cost , a corporation organized and ur of the Work as set forth in the Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. 'PIE CONDITION OF THIS OBLIGATION is such, that if Developer and its eonuaetors, or their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by. and well and truly keep and perform the covenants. conditions, agreements, guarantees, and warranties in the Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless (City/County), its officers, employees, and agents, as stipulated in the Agreement, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. ECnrnrt H-2 Rwu OWKNOX\nsvr.3 PACKET PAGE: 120 Page 66 of 82 AGENDA ITEM 3A.7 As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall he included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred be (City/County) in successfully enforcing such obligation, all to be taxed as costs and included in any Judgment rendered. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Agreement or to the Work to he performed thereunder or the specification accompanying the same shall in anv way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work on IN WLFNESS WHEREOF, we have hereto set our hands and sealsthis day ,20 . Principal 13v President Surety Attorney-i EN NIBIT ti3 AVM) at rerovass3n3 PACKET PAGE: 121 Page 67 of82 AGENDA ITEM 3A.7 ALL-PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF On before me, Date Name And Tine Of Onlcer(e 9. "Jane Doe, Notary Public') personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ecknovdedged to me that he/she/they executed the same in his/her/their authorized capaclty(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Punk OPTIONAL Though the Information below is not required by law, It may prove valuable to persons relying on the tlooumenl and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT U Individual U Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other Signer is representing: Name Of Person(s) Or Entity(ies) exuusrra.a Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above zwuf PKNOXVrsw-uar PACKET PAGE: 722 Page 68 of 82 AGENDA ITEM 3A.7 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. EXHIBIT B-5 RVPU B\PKNOX\769377.3 PACKET PAGE: 123 Page 69 of 82 AGENDA ITEM 3A.7 BOND NO. INITIAL PREMIUM. SUBTi. C'i TO RENEWAL LABOR & MATERIAL BOND WHEREAS, the (City/County) of has executed an agreement with (hereinafter "Developer'), requiring Developer to perform certain work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the construction of street and transportation system improvements (hereinafter"Work"); WHEREAS, the Work to be performed by Developer is more particularly set forth in that certain Improvement and Credit / Reimbursement Agreement dated , (hereinafter the "Agreement and WHEREAS, Developer or its contractor is required to furnish a bond in connection with the Agreement providing that if Developer or any of his or its contractors shall fail to pay for any materials, provisions, or other supplies, or tens used in, upon, for or about the performance of the Work contracted to he done, or for any work or labor done thereon of any kind, or for amounts due under the provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attomey's fee in case suit is brought on the bond. NOW, THEREFORE, we the undersign as Principal and , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the (City/County) OF and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, the sum of ($ ), said sum being not less than 100%of the total amount payable by Developer under the terms of the Agreement, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if Developer or its contractors, or their heirs, executors, administrators, successors, or assigns, shall fail to pay for EXIHIBIT B-6 Rvw aAwro'(759377-3 PACKET PAGE: 724 Page 70 of 82 AGENDA ITEM 3A.7 any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or Tabor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond. the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the Agreement or to the Work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work. IN WITNESS WHEREOF, we have hereto set our hands and sealsthis day on ,20 - Principal 13v: President Suretv Hv Aaomey- EX11BITi 7 Page 71 of 82 aVPII avPIKNOwa3„-3 PACKET PAGE: 125 AGENDA ITEM 3A.7 ALL-PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF On before me, Date Name And Tine Of Officer(e 9. "Jane Doe, Notary Public') personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Punk OPTIONAL Though the m forma(ion below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this ban to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT U Individual U Corporate Officer Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other Signer is representing: Title or Type of Document Number Of Pages Date Of Document Name Of Person(s) Or Entity(les) Signer(s) Other Than Named Above EX111a1T B zwu fPKNOMM937at PACKET PAGE: 726 Page 72 of 82 AGENDA ITEM 3A.7 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. EXHIBIT B-9 RVPU B\PKNOX\769377.3 PACKET PAGE: 127 Page 73 of 82 AGENDA ITEM 3A.7 EXHIBIT "C" DOCUMENTATION TO BE PROVIDED TO (CITY/COUNTY) BY DEVELOPER FOR DETERMINATION OF CONSTRUCTION COSTS To assist (City/County) in determine emcnit, Developer shall provide the fop Plans, specifications and Developer struction Costs for a completed is to (City/County). Deer's cost estimate, 2. List of bidders from whom bids were requested; 3. Construction schedules and progress reports, 4. Contracts, insurance certificates and change orders with each contractor or vendor 5. Invoices received from all vendors: 6. Canceled checks for payments made to contactors and vendors (copy both front and hack of canceled checks); 7. Spreadsheet showing total costs incurred in and related to of each TUMF Improvement and the check number for ea and invoice. Final lien releases from each contractor and vendor, and Such further documentation as may be reasonably required by (City/County) to evidence the completion of construction and the payment of each item of cost and invoice. L@IIBrr GI KVPU a\PKrow176s377.3 PACKET PAGE: 728 Page 74 of82 AGENDA ITEM 3A.7 EXHIBIT "D" REIMBURSEMENT AGREEMENT TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM THIS REIMBURSEMENT AGREEMENT ("Agreement") is entered into this of 20 - by and between the (City/County) California municipal corporation ('City`) or a subdivision of the State of California (-Countti")**(, and , a California 1**INSERI' TYPE OF ENTITY - corporation, partnership, sole proprietorship or other legal entity**], with its principal place of business at (**ENTER ADDRESS**] (-Developer'). (City/County) and Developer are sometimes hereinafter referred to individually as' -Party' and collectively as "Parties'. RECITALS WHEREAS, (City/County) and Developer are parties to an agreement dated 20 , entitled "Improvement and Credit Agreement - Transportation Uniform Mitigation Fee Program" (hereinafter "Credit Agreement'), WHEREAS, Sections 14.1 through 14.4 of the Credit Agreement provide that Developer is obligated to pay (City/County) the 7UMF Obligation, as defined therein, but shall receive credit to offset the TUMF Obligation if Developer constructs and (City/County) accepts the "FUME Improvements in accordance with the Credit Agreement, WHEREAS, Section 145 of the Credit Agreement provides that if the dollar amount of the credit to which Developer is entitled under the Credit Agreement exceeds the dollar amount of the 'FUME Obligation, Developer may apply to (City/County) and WRCOG for a reimbursement agreement for the amount by which the credit exceeds the 'FUME Obligation: WHEREAS, Section 14.5 additionally provides that a reimbursement agreement executed pursuant to the Credit Agreement (i) shall be executed on the form attached to the Credit Agreement, (ii) shall contain the terns and conditions set forth therein, (iii) shall be subject to all terms and conditions of the Credit Agreement, and (iv) shall be attached upon execution to the Credit Agreement and incorporated therein as a material part of the Credit Agreement as though fully set forth therein: and WHEREAS, (City/County) and WRC(Xi have consented to execute a reimbursement agreement with Developer pursuant to the Credit Agreement, ( insert appropriate reference for city or county ) and the 'FUME Administrative Plan adopted by WRCOG. EXHIBIT m-i uvw SAwroM.7593o3 PACKET PAGE: 729 Page 75 of 82 AGENDA ITEM 3A.7 NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as follows: TERMS R 2.0 Effectiveness. This Agreement shall not b Agreement is ef(ecive and in Rill force in accordance witl incoporatiou of Rec nd agree to the incorporation affirm the (cats set for as though fu ly setiort Definitions. Tents not otherwise expressly defined in this Agreement, shall have the meaning and intent set forth in the Credit Agreement. Amount of Reimbursement Subject to the terms, conditions, and limitations his Agreement, the Parties hereby agree that Developer is entitled to receive the dollar amount by which the Actual Credit exceeds the dollar amount of the TUMF Obligation as determined pursuant to the Credit Agreement, ( insert appropriate reference for city or county ), and the TUMF Administrative Plan adopted by WRCOG ('Reimbursement'). The Reimbursement shall be subject to verification by WRCOG. City/County and Developer shall provide any and all documentation reasonably necessary for WRCOG to verify the moult of the Reimbursement. The Reimbursement shall be in an amount not exceeding [INSERT DOLLAR AMOUNT] ()Reimbursement Amount). WRCOG shall pay the Reimbursement Amount to (City/County) and the (City/County) shall be responsible for transmitting the Reimbursement Agreement to the Developer. In no event shall the dollar amount of the Reimbursement exceed the difference between the dollar amount of all credit applied to offset the TUMF Obligation pursuant to Section 144. 145. and 14.6 of the Credit Agreement, and one hundrui (100%) of the approved unit awarded, as such assumptions are indentified and determined in the Nexus Study and the TUMF Administrative Plan adopted by WRCOG- 5.0 Payment of Reimbursement Funding Contingency. the Reimbursement Agreement shall be subject to the following conditions. paymen 5-I Developer shall have no right to receive payment of the Reimbursement unless and until (i) the TUMF Improvements are completed and accepted by (City/County) in accordance with the Credit Agreement, (ii) the TUMF Improvements are scheduled for funding pursuant to the five-year Transportation Improvement Program adopted annually by WRCOG, (iii) WRCOti has funds available and appropriated for payment of the Reimbursement amount 52 Developer shall not be entitled to any interest or other cost adjustment for any delay between the time when the dollar amount of the Reimbursement is determined and the EXHIBIT 1-2 RVPL SEew6rss3n.3 PACKET PAGE: 130 Page 76 o! 82 AGENDA ITEM 3A.7 time when payment of the Reimbursement is made to Developer by WRCOG through City/County. 6-0 Affirnation of Credit Agreement. (City/County) and Developer represent and wartant to each other that there have been no oaitten or oral modifications or amendments of the Credit Agreement, except by this Agreement. (City/County) and Developer ratify and reaffirm each and every one of their respective rights and obligations arising under the Credit Agreement (City/County) and Developer represent and warrant that the Credit Agreement is currently an effective, valid, and binding obligation. 7.0 incorporation Into Credit Agre an executed original of this Agreement shall be Agreement and shall be incorporated therein as a mat fully set forth therein. execution of this Agreement, led as Exhibit "Ir to the Credit f the Credit Agreement as though Terms of Credit Agreement Controlling Each Party hetet provisions of the Credit Agreement are in full force and effect and shall gover r this Agreement as though fully set forth herein and made spec) tding without limitation, the following sections of the Credit Agr gh 103, Section 12.0, Sections 13.0 through 13.7, Sections 14.0 th Sections li-0 through 15.17_ [SIGNATURES OF PARTIES ON NEXT PAGE] —inns that all ins of the pplicable Sections 47, and Rvw eAwmzvssvz3 PACKET PAGE: 131 Page 77 of 82 AGENDA ITEM 3A.7 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. ATTEST: By: Its: (`Developer") By: Its: ATTEST: By: Its: By: Its: (City/County) of EXHIBIT D-4 RVPU B\PKNOX\769377.3 PACKET PAGE: 132 Page 78 of 82 AGENDA ITEM 3A.7 EXHIBIT "E" TUMF CREDIT / REIMBURSEMENT ELIGIBILITY PROCESS 1. Prior to the construction of any TUMF Improvement, Developer shall follow the steps listed below a. Prepare a separate bid package for the TUMF Improvements. b. The plans, cost estimate, specifications and contract document shall require all contractors to pay prevailing wages and to comply with applicable provisions of the Labor Code, Government Code, and Public Contract Code relating to Public Works Projects. c. Bids shall be obtained and processed in accordance with the formal public works bidding requirements of the City/County. d. The contract(s) for the construction of TUMF Improvements shall be awarded to the lowest responsible bidder(s) for the construction of such facilities in accordance with the City's/County's requirements and guidelines. e. Contractor(s) shall be required to provide proof of insurance coverage throughout the duration of the construction. 2. Prior to the determination and application of any Credit pursuant to a TUMF Improvement and Credit Agreement executed between City/County and Developer ("Agreement), Developer shall provide the City/County and WRCOG with the following: a. Copies of all information listed under Item 1 above. b. Surety Bond, Letter of Credit, or other form of security permitted under the Agreement and acceptable to the City/County and WRCOG, guaranteeing the construction of all applicable TUMF Improvements. 3. Prior to the City's/County's acceptance of any completed TUMF Improvement, and in order to Initiate the construction cost verification process, the Developer shall comply with the requirements as set forth in Sections 7, 14.3 and 14.4 of the Agreement, and the following conditions shall also be satisfied: a. Developer shall have completed the construction of all TUMF Improvements in accordance with the approved Plans and Specifications. b. Developer shall have satisfied the City's/County's inspection punch list. c. After final inspection and approval of the completed TUMF Improvements, the City/County shall have provided the Developer a final inspection release letter. d. City/County shall have filed a Notice of Completion with respect to the TUMF Improvements pursuant to Section 3093 of the Civil Code with the County Recorder's Office, and provided a copy of filed Notice of Completion to WRCOG. e. Developer shall have provided City/County a copy of the As -Built plans for the TUMF Improvements. f. Developer shall have provided City/County copies of all permits or agreements that may have been required by various resource/regulatory agencies for construction, operation and maintenance of any TUMF Improvements. g. Developer shall have submitted a documentation package to the City/County to determine the final cost of the TUMF Improvements, which shall include at a minimum, the following documents related to the TUMF Improvements: LYIIIBIr Bwc BAPKPO 7693rzn PACKET PAGE: 133 Pug; 79 of82 AGENDA ITEM 3A.7 i. Plans, specifications, and Developer's Civil Engineer's cost estimates; or Engineer's Report showing the cost estimates. ii. Contracts/agreements, insurance certificates and change orders with each vendor or contractor. iii. Invoices from all vendors and service providers. iv. Copies of cancelled checks, front and back, for payments made to contractors, vendors and service providers. v. Final lien releases from each contractor and vendor (unconditional waiver and release). vi. Certified contract workers payroll for City/County verification of compliance with prevailing wages. vii_ A total cost summary, in spreadsheet format (MS Excel is preferred) and on disk. showing a breakdown of the total costs incurred. The summary should include for each item claimed the check number, cost, invoice numbers, and name of payee. See attached sample for details. RVPU BW✓.vov\Wsv PACKET PAGE: 734 Page 80 of 82 AGENDA ITEM 3A.7 EXI1I BIT ,.F., RECONCILIATION FXAMPI Fc All examples are based on a single family residential development project of 200 dwelling units: 200 SF dwelling units © $6,650 / dwelling unit = $1,330,000 in fees (TUMF Obligation) Examle A: "TUMF BALANCE" CREDIT TUMF Obligation: Estimated Cost Bid (41,500,000) or unit Cost Assumption ($1,600,000) whichever is lea Potential Reimbursement: S1,330,000 SI 500000 0170,000) RECONCILIATION TUMF Obligation: $1,330,000 Actual Credit: SI 200000 TUMF Balance (Payment to TOME): $130,000 Exam"Ie B: "REIMBURSEMENT" CREDIT TUMF Obligation: Estimated Cost BM ($1,500,000) or unit Cost Assumption ($1,600,000) whichever is less Potential Reimbursement: $1,330,000 SI 500,000 V0,000) RECONCILIATION TUMF Obligation: 41,330,000 Actual Credit. 41 500 000 Reimbursement Agreement with Developer (Based on Priority Ranking): ($170,000) &amie C: "TUMF OVERPAYMENT" CREDIT TUMF obligation: Estimated Cost Bid ($1,200,000) or unit Cost Assumption ($1,500,000) whichever is lea Remalbing TUMF Obligation: Prorated Fee: $130,000 / 200 du = RECONCILIATION Actual Credit', TUMF payments from Developer ($650 per unit x 200 units) Actual Credit plus TUMF Payment S1,330,000 $1 200 000 $130,000 S650 / du 41,300,000 s130 000 $1,430,000 TUMF Obligation: $1,330,000 Actual Credit plus TUMF Payment 41930000 TUMF Overpayment (Refund to Developer)'. ($100,000) LYiI1131'1'E RVPU B\PKNOX\7693n3 PACKET PAGE: 735 Page 8I of 82 AGENDA ITEM 3A.7 EXHIBIT "G" MODEL AMENDMENT [ATTACHED BEHIND THIS PAGE] EXHIBIT G- I Page 82 of 82 PACKET PAGE: 136 RVPU B\PKNOX\769377.3 AGENDA ITEM 3A.7 September 2, 2010 TO: The Honorable Mayor and Members of the City Council FROM: Asher Hertel, AICP, Planning Director SUBJECT: Development Agreement No. 01-10 between the City of San Jacinto ("City") and Puente Holdings, LLC and PBJT 2008, LLC ("Owners") Applicant: Puente Holdings and PBJT 2008 6055 Abbotswood Row La Jolla, CA 92037 RECOMMENDATION: Staff recommends that by motion the City Council Introduce Ordinance No. 10-07 for first reading approving Development Agreement No, 01-10 based upon the Planning Commission's recommendation and by further motion read by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND PUENTE HOLDINGS, LLC, AND PBJT935927 2008 INVESTMENTS, LLC BACKGROUND: On August 12, 2010 the Planning Commission recommended, with a 5-0 vote, that the City Council approve the project described below, Please find a copy of the Planning Commission staff report of August 12, 2010 and the draft minutes from the Planning Commission meeting attached, PROJECT DESCRIPTION: Puente Holdings and PBJT 2008 are the current owners and developers of Tract 31886 They purchased Tract 31886 from its previous owner and developer, Shea Homes, The current owners desire to continue the development project which will ultimately become a 321 unit single-family, residential subdivision. To that end, the current owners would like to enter into Development Agreement No, 01-10 to address the completion of PACKET PAGE: 137 AGENDA ITEM 3A.7 certain public improvements, impact credits, and remaining fees due in connection with Tract 31886, These matters are discussed below. ENVIRONMENTAL ANALYSIS: All of the procedures of the California Environmental Quality Act (CEQA) have been met with respect to this project. Please find a copy of the previously adopted mitigated negative declaration for Tract 31886 attached to this report as Attachment "D". DISCUSSION & ANALYSIS: AUTHORITY: The City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code. IMPROVEMENTS: As a condition of the development approvals for Tract 31886, Shea Homes was required to construct certain public 'mprovements, generally including road improvements along Ramona Boulevard (road construction, bikeways, and traffic signals) and Ramona Expressway. Shea Homes constructed only some of the improvements to Ramona Boulevard. The City will construct and install the remaining improvements to Ramona Boulevard and Ramona Expressway, and the current owners will pay an in -lieu fee to cover the remaining improvements. Additionally, the current owners will pay a development administrative fee. Details on the remaining improvements are described below: Ramona Expressway: Ramona Expressway shall be improved according to the plans described in sections 4,3.2 and 4.3.3 of Development Agreement No. 01-10 and shall include street improvements, landscape improvements on Lot "V" of Tract 31886. The improvements shall be completed in two (2) phases. Phase 1 — Street Improvements: During Phase One (1) of the Ramona Expressway Improvements, the City shall improve Ramona Expressway according the plans described specifically in sections 4.3.2 and 4.3.3 of Development Agreement No. 01-10. The City shall require and the Owner shall pay an in -I eu fee equal to the entire costs of the Phase One (1) improvements. The in -lieu fee shall be one million and two hundred thousand dollars ($1,200,000) and the Owner shall pay the in -lieu fee [INSERT PAYMENT TIMELINE] The in -lieu fee shall be allocated on a pro rata basis to the first one hundred and fifty PACKET PAGE: 138 AGENDA ITEM 3A.7 one (151) lots on Tract 31886. Once the City has confirmed the OWNER has completed all of the completed all of the Phase One (1) lots to the City's satisfaction in addition to all other obligations as described in the Agreement, the City shall issue Certificates of Occupancy for each of the first one hundred and fifty one (151) lots of Tract 31886. The city shall also require and the current owners shall pay an administrative fee of one thousand dollars ($1,000) per lot. The current owners shall pay the administrative fee per lot as a condition prior to the issuance of each Certificate of Occupancy per lot. The first one hundred and fifty one(151) lots shall receive a full credit for TUMF fees. Phase 2 — Landscape, Bridge Extension, and Traffic Signal: During Phase Two (2) of the Ramona Expressway Improvements, lot "V" of Tract 31886 shall be landscaped according to the provisions of the San Jacinto Municipal Code, Bridge Road shall be extended from the existing northern terminus to Ramona Expressway. These plans are described in sections 4.3.2 and 4,3.3 of Development Agreement No, 01-10. A traffic signal shall be installed at the intersection of Bridge Road/Ramona Expressway, Phase two improvements shall be completed as a condition prior to the issuance of the Certificate of Occupancy of one hundred and eightieth (180th) lot occupancy of Tract 31886. The OWNER shall pay an in -lieu fee of three hundred thousand dollars ($300,000) before issuance of the first Building Permit of lot one hundred and fifty two (152). Ramona Boulevard: Improvements have been completed to Ramona Boulevard at an estimated cost not to exceed two million eight hundred thousand dollars ($2,800,000) including street improvements, storm drain improvements and sewer improvements. In addition, the park improvements have been competed to the Park site on Lot "U" of Tract 31886 at a cost not to exceed one million six hundred thousand dollars ($1,600,000). Prior to the City accepting the estimated cost amounts of improvements for Ramona Boulevard and the Park site on Lot "U", the current owners shall submit to the City copies of invoices, payment stubs and workers compensation records from the Improvements for the purpose of verification. Storm Drain Line G has not been completed in Ramona Boulevard per the Memorandum of Agreement ("MOA") between the City and Shea Homes dated September 21, 2006. The current owners shall install Storm Drain Line G, pursuant to the MOA, as a condition precedent to the issuance of the Certificate of Occupancy of the one hundred and eightieth (180th) lot occupancy of Tract 31886. The City shall not require additional site storm drain, sewer and basin and pump improvements on Lot "W" of Tract 31886. Based on Engineer estimates provided by the current owners and approved by the City Engineer, the current owners shall be eligible for additional Storm Drain Line G improvement credits for additional Storm Drain Line G improvements within Tract 31886. PACKET PAGE: 139 AGENDA ITEM 3A.7 DEVELOPMENT IMPACT FEE CREDITS: While some of the improvement to Ramona Boulevard may have been attributed to the developer, a large portion of the improvements are oversized (i.e., they are attributable to and benefit other development projects within the City). As stated earlier, Shea Homes previously completed improvements to Ramona Boulevard at an estimated cost not to exceed $2,800,000, including street improvements, storm drain improvements and sewer improvements. Shea Homes also completed park improvements to the Park Site on Lot "U" of Tract 31886 at a cost not to exceed $1,600,000. City staff is in the process of verifying the total cost of improvements by checking receipts, invoices, and payment stubs submitted on behalf of the current owners and Shea Homes. The current owners request that instead of receiving a reimbursement for oversized improvements they receive a Development Impact Fee Credit ("DIF Credit") that will be applied to the various DIF Fees associated with the project. Please find the DIF FEE Credit Chart attached to this report as Attachment "C". RECOMMENDATION: The proposed development agreement has been prepared in accordance with the proposed rules and regulations for the review and processing of development agreement requests in the City. Furthermore, the proposed development complies with the City's General Plan. Staff supports adoption of the development agreement. The Planning commission and staff recommend that the City Council approve Ordinance No. 10-07 adopting Development Agreement No. 01-10. ALTERNATIVES: • Deny the Development Agreement • Continue consideration of the Development Agreement ATTACHMENTS: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Ordinance No. 10-07 (includes Development Agreement No. 01-10) Planning Commission Resolution No. 10-13 Development Impact Fee Credit Chart Mitigated Negative Declaration Planning Commission Staff Report of August 12, 2010 Draft Minutes from the August 12, 2010 Planning Commission Meet Location Map PACKET PAGE: 140 ATTACHMENT "G" AGENDA ITEM 3A.7 =:•••••.. „ 318'61, PA-1 0 SAGEC REST E awl:6 , I co a w co ? o ... ce 630310. PACKET PAGE: 141 1E- _ AGENDA ITEM 3A.7 AGENDA ITEM 3A.4 AN AC(.NTO MEMORANDUM To: The Honorable Mayor and Members of the City Council From: Asher Hertel, Planning Director Date: September 18, 2010 Subject: Agenda item 3A.4; Second reading of Ordinance 10-07 regarding Development Agreement No. 01-10 between the City of San Jacinto and Puente Holdings, LLC and PBJT 2008, LLC Exhibit A of the development agreement has been revised at the applicant's request to exclude the six (6) existing houses in the tract that have been sold and are under separate ownership. The revision has been reviewed and approved by the City Attorneys office. The attached sheet is the revised Exhibit A, with the original wording in strikeeuFmede and the new wording underlined. PACKET PAGE: 143 AGENDA ITEM 3A.7 EXHIBIT A (Legal Description of Property) TRACT NO. 31886 LOT LINE ADJUSTMENT NO. 4 05, IN THE CITY O€ SAN43ACINTO,-COUNTY-OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED DECEMBER 11, 2005 AZ LNSTRUMENT N0. 2005 1031280 OFOFFNGIAL REDS LOTS 1 THROUGH 278 INCLUSIVE. 282. 283 AND 287 THROUGH 321 OF TRACT NO. 31886 IN THE CITY OF SAN JACINTO COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 428 PAGES 12 THROUGH 33 INCLUSIVE OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER QF RIVERSIDE COUNTY (REVISED BY CITY COUNCIL 20I0) Page 31 of 82 PACKET PAGE: 144 AGENDA ITEM 3A.8 October 7, 2010 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hurts, City Manager SUBJECT: Resolution in Support of "Business Friendly Principles" as part of SCAG's Development of a Southern California Economic Growth Strategy RECOMMENDATION: Approve — Adopt the attached Resolution in support of "Business Friendly Principles" as part of SCAG's development of a Southern California Economic Growth Strategy. DISCUSSION SCAG has developed an economic growth strategy for the region. A component of the strategy is the development of business friendly principles by member jurisdictions. The attached resolution provides four basic business friendly principles. Those include the following: Principle One — Economic Development as a Priority Principle Two — Business Partnership Principle Three — Business Responsive Processes Principle Four— Attractiveness to Business Investment FISCAL IMPACT There is no anticipated negative fiscal impact from the adoption of these principles. ATTACHMENTS • Resolution No. 3347 PACKET PAGE: 145 AGENDA ITEM 3A.8 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO) RESOLUTION NO. 3347 Resolution by the City of San Jacinto in Support of "Business Friendly Principles" as part of SCAG's Development of a Southem Califomia Economic Growth Strategy WHEREAS, The City of San Jacinto is a member of the Southern California Association of Governments (SCAG) who is engaged in the development of a Southern California Economic Growth Strategy; WHEREAS, The City of San Jacinto supports working with SCAG and other key economic stakeholders to improve the Southern California economy; WHEREAS, The City of San Jacinto is a business friendly municipality and has numerous practices in place to encourage economic growth within its community; NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: 1. That the City of San Jacinto supports the following "Business Friendly Principles" as part of SCAG's development of a Southern California Economic Growth Strategy: Principle One - Economic Development as a Priority The City of San Jacinto strives to demonstrate commitment to economic development as a priority. Principle Two - Business Partnership The City of San Jacinto strives to provide quality municipal services to attract and retain businesses and employees. Principle Three -Business Responsive Processes The City of San Jacinto strives to communicate effectively with businesses including processes to increase its responsiveness to businesses that are seeking or doing business within its jurisdiction (commitments include responding to business inquires within an established time period and offering an expedited permitting process for new businesses). PACKET PAGE: 147 8 AGENDA ITEM ron ,ple Four —Attractiveness to Business Investment The City of San Jacinto strives to streamline operations for efficient and responsive business assistance in areas of licensing, permitting, inspections and other municipal services and will seek to improve its attractiveness to new and existing businesses within its jurisdiction (commitments include striving to maintain competitive taxes and fees and establishing good communications with business base via newsletter or website). 2. That the City of San Jacinto authorizes its staff to submit a copy of this resolution to SCAG in time for SCAG's Regional Economic Summit currently scheduled for December 2, 2010, PASSED APPROVED and ADOPTED, this 7th day of October, 2010, by the following vote: Ayes: Nays: Absent: Abstain: City of San Jacinto by Dale Stubblefield, Mayor ATTEST: Richard Miller, City Clerk APPROVED AS TO FORM Best Best & Krieger, 1.19 Jeffrey S. Ballinger, City Attorney PACKET PAGE: 148 AGENDA ITEM 4.1 October 7, 2010 TO: The Honorable Mayor and Members of the City Council FROM: Jeff Ballinger, City Attorney SUBJECT: Urgency Ordinance Establishing Time, Place and Manner Restrictions on Registered Sex Offenders on Halloween RECOMMENDATION: Read title and, by motion adopt by four fifths vote, introduce and pass Urgency Ordnance No. 10-09, entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO RECOMMENDING TO THE CITY COUNCIL TO ADD CHAPTER 9.30 TO THE SAN JACINTO MUNICIPAL CODE REGULATING REGISTERED SEX OFFENDERS' CONDUCT AS IT RELATES TO MINORS" BACKGROUND: This past February, the City of Orange adopted a city ordinance imposing registered sex offender time, place, and manner restrictions which include conduct restrictions on Halloween during certain hours, In August, the City of Perris, rather than ban sex offenders from participating in Halloween by adopting a similar ordinance, decided to send warning letters advising registered sex offenders against interacting with children during the holiday. City of San Jacinto staff have been directed to draft an ordinance similar to the draft City of Perris ordinance regarding conduct restrictions for registered sex offenders around Halloween. This ordinance, as drafted, seeks to bar sex offenders from handing out candy, turning their fights on after dark or decorating their homes with Halloween trimmings. This matter has been drafted as an urgency ordinance given that Halloween is this month, and given the health and safety concerns raised related to this issue, DISCUSSION: The purpose of the proposed ordinance is to protect children from exposure to registered sex offenders on Halloween by discouraging children from coming to the PACKET PAGE: 149 AGENDA ITEM 4.1 homes of such persons when trick -or -treating. Sex offenders may pose an immediate threat to children trick -or -treating on and around Halloween because youth often will engage a disproportionate number of complete strangers as part of their door-to-door visits. Without the ability to properly protect children from unknowingly encountering registered sex offenders while trick -or -treating on Halloween, the City seeks to take additional steps to ensure that children will be protected. While the City Council seeks to provide additional protection of its youth, it should be aware that this type of ordinance, while recently adopted by the City of Orange, has not been tested in the court system and could be subject to legal challenge. Since this issue was last presented, the proposed ordinance has been modified to narrow the definition of Sex offender to those persons required to register pursuant to Penal Code Section 290, regardless of whether that person is on parole or probation, and who has been convicted of an offense against a child, BUDGETARY IMPACT: Unknown, as the ordinance could be subject to costs related to legal challenge, ATTACHMENTS: • Urgency Ordinance No. 10-09 PACKET PAGE: 150 AGENDA ITEM 4.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) ORDINANCE NO. 10- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO RECOMMENDING TO THE CITY COUNCIL TO ADD CHAPTER 9.30 TO THE SAN JACINTO MUNICIPAL CODE REGULATING REGISTERED SEX OFFENDERS' CONDUCT AS IT RELATES TO CHILDREN WHEREAS, the City Council of the City of San Jacinto ("City") has been tasked with keeping the community safe and secure through various methods, including the consideration and adoption of ordinances by the City Council; and WHEREAS, the City Council (the "City Council") has studied the issue of sex offenders and their recidivism rates by reviewing United States Department of Justice studies; and WHEREAS, there are currently 87 registered sex offenders according to the California Department of Justice, who are living in the City of San Jacinto at the present time; and WHEREAS, the City Council is aware that Halloween is an upcoming holiday that is widely celebrated throughout the City by children, who often visit the residences of strangers in efforts to obtain treats on October 31 st each year; and WHEREAS, such a holiday, where children are often unaccompanied by their parents or guardians, may put children unknowingly in close proximity to sexual offenders; and WHEREAS, the City Council desires to protect the children of San Jacinto; and WHEREAS, the events of Halloween could put children unknowingly in close proximity to sexual offenders who have committed violations against children and who may have no legal restrictions regarding such proximity to children; and WHEREAS, pursuant to Article 11, Section 7 of the California Constitution, the City is authorized to enact measures that protect the health, safety and welfare of its citizens; and WHEREAS, the City Council hereby finds and determines that sex offenders pose an immediate threat to children trick -or -treating on and around Halloween because youth often will engage a disproportionate number of complete strangers as part of their door-to-door visits. Further, it is known that sex offenders often target areas or events that attract large number of children such as schools and parks. Without the ability to properly protect children from unknowingly encountering registered sex offenders, the City seeks to take additional steps to ensure that children 2441E MAIM PACKET PAGE: 151 AGENDA ITEM 4.1 will be protected, Therefore, the adoption of this urgency ordinance is necessary for the immediate protection and preservation of the public safety, health and welfare; and WHEREAS, the City Council also finds that the existing regulations within the San Jacinto Municipal Code are not adequate to address the current activities of sex offenders around Halloween; and WHEREAS, immediate action is needed to protect children given that Halloween is this month and to provide advance notice to all registered sex offenders as reasonably possible in the effort to prevent any potential harm to children and/or other victims and preserve the public peace, health, safety and welfare. The provisions of this chapter shall apply to all areas of the City. THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The recitals set forth above detailing the necessity of adopting this urgency ordinance for the immediate preservation of the health and safety of the residents of the City are incorporated herein and made an operative part of this ordinance as though fully set forth herein. Secton 2: Based on the above findings, the City Council DOES HEREBY RECOMMEND that the City Council enact a Halloween -related ordinance with time, place and manner restrictions rationally related to the City's interest in protecting children. Section 3: Chapter 9.30 of the San Jacinto Municipal Code is hereby added to read as follows: Chapter 9.30 -"Registered Sex Offender Halloween Restrictions" 9.30.010 Purpose and Intent The city council of San Jacinto finds, determines and declares that this chapter has been enacted upon the following facts and purposes: A. The events of Halloween could put children unknowingly in close proximity to sexual offenders who may have no legal restrictions regarding such proximity to children; and B. Sex offenders pose an immediate threat around Halloween to the public health, safety and welfare because youth often will engage a disproportionate number of complete strangers when door-to-door canvassing different neighborhoods as part of the traditional Halloween activities, C. Sex offenders often target areas or events that attract large number of children such as schools and parks. 2441. MAIM PACKET PAGE: 152 AGENDA ITEM 4.1 D. Halloween events, particularly the door-to-door solicitation of candy, creates the potential for many encounters with registered sex offenders, 9.30.020 Definitions For the purposes of this chapter the following definitions shall apply; A. "Child" or "Children" means any person(s) under the age of eighteen (18) years of age. B. "Sex Offender" means any person who is required to register as a sex offender pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation, and has been convicted of an offense against a child. 9.30.030 Time, Place, and Manner Restrictions All registered sex offenders, between 12:00 a.m. and 11:59 p,m. on October 31st shall: 1. Leave all exterior residential, decorative and ornamental lighting off during the evening hours starting at 5:00 p.m. until 11:59 p.m, on October 31st; and 2. Be prohibited from decorating his or her residence with Halloween decorations, and shall remove any such decorations; and 3. Be prohibited from answering the door to children who are trick -or -treating. Section 4: The City Council finds that this urgency ordnance is not subject to the California Environmental Quality Act ('CEQA) pursuant to Sections 15060(c)(2) (the activity will not result In a direct or reasonably foreseeable Indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined In Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 5: This urgency ordinance shall become effective immediately upon adoption, if adopted by at least a four -fifths vote of the City Council. Section 6: The Mayor shall sign this urgency ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it to be pubfished in the Press Enterprise a newspaper pubfished and circulated in the City of San Jacinto. 2440i11111111 PACKET PAGE: 153 AGENDA ITEM 4.1 Section 7: The City clerk shall certify the adoption of this ordinance. MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on the 7th day of October, 2010, by the following vote: Ayes: Nays: Absent: Abstain: ATTEST: Richard Miller, City Clerk City of San Jacinto By Dale Stubblefield, Mayor 24438.00000, 1574615.3 PACKET PAGE: 154 AGENDA ITEM 4.1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) I, Richard Miller, hereby certify that the foregoing is a true copy of Ordinance No. , introduced at a regular meeting held October _, 2010 and duly adopted by the City Council of the City of San Jacinto, California on the same date. WITNESS my hand and official seal of the City of San Jacinto this _th day of October, 2010. Richard Miller, City Clerk 24438.00000, 1574615.3 PACKET PAGE: 155