HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 10/2/2012AGENDA
JOINT REGULAR MEETING
OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO
THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY
October 2, 2012, 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
1.5.1 Introduction of new Fire Chief
1.6 Late Items
2. PUBLIC COMMENTS
Now is the time for the public to address the Council on any subject within the jurisdicfion of the City
Council not fisted on the agenda. A limitation of three (3) minutes shall be set for each person desiring
to address the City Council.
3. JOINT CONSENT CALENDARS (SECTIONS 3A AND 3B)
The matters listed under Consent Calendars are considered routine and will be enacted by one motion
by City Council Members in the form listed. There will be no separate discussion on these items prior to
the motion unless members ofthe City Council, staff or the public requests a specified item be removed
and/or d,SCussed If an Item is pulled. it will be heard after (he balance of the Consent Calendar has
been voted on.
3A CONSENT CALENDAR - CITY COUNCIL
3A.1 Waiver of Full Reading of Ordinance(s), and Reading by Title Only /
Approve / City Clerk, City Attorney
3A.2 Continuance of the Proclamation of the Local State of Emergency due to
the Severe Winter Storms that began on December 17, 2010 / Approve
/ City Manager
Citr Council Agenda
October 2 2012
Page 2or 4
3A.3 Treasurer's Report at August 31, 2012 / Approve / City Treasurer
3A.4 Minutes of the Joint Meeting with City of Hemet - August 21, 2012 /
Approve / City Clerk
3A.5 Minutes of September 18, 2012 - Regular Meeting / Approve / City
Clerk
3A.6 Appropriation of $7,000 from the Capital Reserve Fund to convert the
existtng cubicle used by the Development Director into a private office /
Approve / City Manager
3A.7 Award of Contract for Ramona Expressway and San Jacinto Ave Interim
Sidewalk Project (CIP 11-007) / Approve / City Engineer
3A.8 Second reading of Ordnance No. 12-09 (Zoning Ordinance Amendment
1-12); Ordnance temporarily suspending Urban Corridor Overlay District
Site Development Principles and Standards relating to front building
setback and off-street parking requirements. / Approve / Planning
Director, Planning Technician
3A.9 Supplemental Agreement for the Use of Community Development Block
Grant Funds for Program Year 2012-2013 / Approve / Development
Director
3A.10 Resolution No. 3443 / A resolution to Deny Conditional Use Permit 3-
12, to establish a Banquet Hall in an existing commercial suite. The
site is located on the west side of State Street, approximately 250 feet
south of Seventh Street with an address of 790 S. State Street, Suite
G. (APN 435-330-016) / Approve / Planning Director, Planning
Technician
3A.11 Approve Second Amendment to Subdivision Improvement Agreement
with Puente Holdings, LLC (Tract 31886) / Approve / City Manager,
C'ty Attorney
3B CONSENT CALENDAR - REDEVELOPMENT AGENCY
4. PUBLIC HEARING
4.1 Interim Urgency Extension Ordnance Prohibiting Smoke Shops and Hookah
Lounges / Approve / City Attorney
STAFF REPORTS
City Council Agenda
October 2 2012
Page 3 of 4
At the end of the scheduled City Department items. anyone wishing to discuss a consent calendar item
should come forward upon invitation of the Mayor state their name. address. and the consent calendar
Item number pulled Speakers should limit comments to three (3) minutes
5.1 Senior Emergency Home Repair Program Update / Approve / Management
Analyst
6. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS
7. CLOSED SESSION
7A CLOSED SESSION - CITY COUNCIL
7A.1 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section
54956.9: One (1) potential case- Claim filed by Ernest H. Wright, II, on
behalf of Gamal Badawy and J&H Tobacco Plus, dated August 27,
2012, and supplemented by letter dated September 4, 2012
7A.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
975 East Esplanade Ave, San Jacinto, CA 92583
Negotiation Parties: Tim Hults, City Manager and/or Mike Emberton,
Assistant City Manager and Craig Bloomingdale, Unison (for property
owner(s))
Under negotiation: Price and terms of payment
7A.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
180 ldyllwild Drive, San Jacinto, CA 92583
Negotiation Parties: Tim Hults, City Manager and/or Mike Emberton,
Assistant City Manager and Craig Bloomingdale, Unison (for property
owner(s))
Under negotiation: Price and terms of payment
7B CLOSED SESSION - REDEVELOPMENT AGENCY
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 wntten correspondence delivered to
the City Council (c/o the City Cleric) at. or prior to, the public hearing.
CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding and use
made by the City Council as a result of a proceeding in which by law a heating 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
Cie• Council Agenda
October 2 2012
Page 4 of 4
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. I/ as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need
special assistance beyond what is normally provided, the City will attempt to accommodate you in every
reasonable manner Please contact City Hall at (951) 537-6358, at least 48 hours prior to the meeting to
inform us of your particular needs and to determine if accommodation is feasible.
Any writing related to an agenda item for an open session of a regular meeting of the City Council that is
distributed less than 72 hours prior to the meeting will be made available for public inspection at the City
Clerk's office, located at 595 South San Jacinto Avenue, San Jacinto, California, and at the regular meeting
location - City of San Jacinto Community Center, 625 South Pico Avenue, San Jacinto, California - at the time
the writing is distributed to a majority of the City Council
DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record,
relating to an open session agenda item, that is distributed within 72 hours prior to the
meeting is available for public inspection at the public counter located in the Administration
Building of City Hail, 595 S San Jacinto Avenue, San Jacinto, CA 92583
4 Richardtuli&r, Oty Cfarkoflhe City of San Jacinto, Co hereby certify that 1 caused to he postef the foregoing
agenda this 27 h Day of September 2012, as requiredby law.
Ruharf' 4ilfer, (Sty Cork
AGENDA ITEM 3A.1
October 2, 2012
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 2, 2012
TO: The Honorable Mayor and Members of the City Council
FROM: Tim Huffs, City Manager
SUBJECT: Continuance of the Proclamation of the Local State of Emergency due to
the Severe Winter Storms that began on December 17, 2010
RECOMMENDATION:
Staff recommends that the City Council, by motion, approve to the continuance of the
Proclamation of the Local State of Emergency due to the Severe Winter Storms that
began on December 17, 2010.
DISCUSSION:
On December 22, 2010, the Director of Emergency Services/City Manager proclaimed the
existence of a local emergency resulting from the severe and damaging winter storms that
began on or about 12:00 a.m. (midnight) on December 17, 2010. Government Code
section 8630 requires the City Council to ratify any local emergency proclaimed by a local
official such as the Director of Emergency Services/City Manager within seven days.
Thereafter, the City Council shall at least once every 30 review the need for continuing the
local emergency.
ALTERNATIVES:
1) Consent to the continuance of the Proclamation of the Local State of Emergency
(Staff Recommendation).
2) Do Not Consent to the continuance.
FISCAL IMPACT:
The City's ability to obtain or continue to receive federal, state or regional
disaster/emergency relief funding may be impacted if the City Council does not Consent
to continue the proclamation of the local state of emergency. Substantial budgetary
impacts are apparent for recovery efforts to include substantial employee overtime
salaries; purchases of materials, supplies and equipment; use of private
contractors/force labor; and other repairs to city right-of-way facilities (Preliminary
estimates range from thirty five to fifty thousand dollars). Budgetary assistance and
PACKET PAGE: 3
AGENDA ITEM 3A.2
reimbursement is available from Federal Emergency Management Agency (F.E.M.A.)
for related costs for limited recovery efforts to critical infrastructure including: electrical,
power, telecommunications, water supply, public safety, and transportation.
ATTACHMENTS:
• Copy of Resolution Number 3352
PACKET PAGE: 4
AGENDA ITEM 3A.2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO
RESOLUTION NO. 3352
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO CONFIRMING THE CITY
MANAGER/DIRECTOR OF EMERGENCY SERVICES,
PROCLAMATION OF THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, section 2.36.060(A)(1) of the San Jacinto Municipal Code
empowers the Director of Emergency Services/City Manager to proclaim a local
emergency if the City Council is not in session and requires that the City Council shall
take action to ratify the proclamation within seven days thereafter; and
WHEREAS, on December 17, 2010, a series of winter storms began in Southern
California, bringing high winds and significant amounts of precipitation statewide, and
continued for several days; and
WHEREAS, these storms have caused injuries, flooding, and heavy rain
throughout Southern California; and
WHEREAS, these storms have caused power outages for several thousand
customers throughout Southern California; and
WHEREAS, homes and other property have been damaged by the severe
weather; and
WHEREAS, flooding has interfered with transportation throughout Southern
California; and
WHEREAS, conditions of extreme peril to the safety of persons and property
have arisen within the City of San Jacinto, as a result of severe and long lasting rains,
which began on or about 12:00 a.m. (midnight) on the 17th day of December, 2010, at
which time the City Council of the City of San Jacinto was not in session; and
WHEREAS, these conditions are or are likely to be beyond the control of the
services, personnel, equipment, and facilities of the City of San Jacinto; and
WHEREAS, on December 21, 2010, the County of Riverside declared a local
emergency; and
WHEREAS, the City does hereby find that the above described conditions of
extreme peril did warrant and necessitate the proclamation of the existing of a local
emergency within the City of San Jacinto; and
PACKET PAGE: 5
AGENDA ITEM 3A.2
WHEREAS, the City Council of the City of San Jacinto was not in session on
December 22, 2010, and could not immediately be called into session; and
WHEREAS, the City Manager acting as the Director of Emergency Services did
proclaim the existence of a local emergency within the City of San Jacinto on the 22nd
of December 2010.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Jacinto that the Proclamation of Existence of a Local Emergency, as issued by the
Director of Emergency Services/City Manager on December 22, 2010, is hereby ratified
and confirmed.
BE IT FURTHER RESOLVED that the local emergency shall be deemed to
continue to exist until its termination is proclaimed by the City Council of the City of San
Jacinto, and that until such time, the City Council shall review, at each of its regularly
scheduled meetings until the local emergency is terminated, the need for continuing the
local emergency.
BE IT FURTHER RESOLVED that City staff is hereby authorized and directed to
take any action that may be necessary or convenient to assist in obtaining federal, state
or regional disaster/ emergency relief funding.
BE IT FURTHER RESOLVED that the City Manager or his designee is hereby
designated as the authorized representative of the City of San Jacinto for the purpose of
receipt, processing and coordination of all inquiries and requirements necessary to
obtain county, state and federal relief assistance, and;
BE IT FURTHER RESOLVED that the City Clerk shall forward a copy of this
resolution to the Governor, to the State Office of Emergency Services, to the Riverside
County Emergency Services Division, and to all other appropriate county, state and
federal agencies with an interest therein; and
ADOPTED by the City Council of the City of San Jacinto at a special /
emergency meeting of said Council held on the 28th day of December 2010, by the
following vote:
Ayes: Bartel, Di Memmo, Ledezma, Miller
Nays: None
Absent: Kotyuk
Abstain: None
City of San Jacinto
Scott Miller, Mayor
PACKET PAGE: 6
AGENDA ITEM 3A.2
ATTEST:
Rick Miller, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
Jeffrey S. Ballinger, City Attorney
1
PACKET PAGE: 7
AGENDA ITEM 3A.3
October 2, 2012
TO: The Honorable Mayor and Members of the City Council
FROM: Bernard Simon, City Treasurer
SUBJECT: Treasurer's Report at August 31, 2012
RECOMMENDATION:
Receive and File Treasurer's Report for August 31, 2012.
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 decreased 1.43% 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. A detailed listing of investments from
Chandler Asset Management has also been included,
FISCAL IMPACT:
None.
ATTACHMENTS:
Treasurer's Report for the month ending August 31, 2012.
PACKET PAGE: 9
Page 1
TREASURER'S REPORT
IN VESTNIENT INSTITUTION INTEREST AUGOST PURCHASE MATURITY PREY MONTH CURRENT nein prior MARKET ACCRUED ANERACE
TYPE SERIAL II ItATE YIELD INTEREST DATE DATE BALANCE BALANCE mmil7 VALUE INTEREST DURATION
b0001 Varmus open19,a)a006 19.F6.12a 16121
CAMP Tani Powers Nan
MONEY MARKET Hank a Hemet 0 280% 0 260% Parma ne^ DEMAND ATM - old Bank al Hemet 0 000% 0 G00% Various Open S $430884 a $332691 30
GE MAND ATV • nevi inank of Hemel 0 C00% 0 950% Varian Open 595445 30
PAYROLL Account Hank of Hemet 0 1100% 0 C00% Varian Open SO 51 000 50
MONEY MARKET Open ID21a01,aa
115.054 a15220.5e5 a5223632 $3057
Fund $14.056 Varmus Vanua$6192605 a6 8ap33) 118.55741
39 a 1399.745 O 3399 745 $399903 $158
MANAGED aM-CAM T,� n 6710) 142
CASH Cash rn 50C Vance 0 CPO% 0 G00% Various na 30
CASH xenon Nam 0 m0% 0 m0% N.e Various na ss� M eSS1550 0.00% ww 10
L Corr INVESTMENTS 3 FlINOS 0 % 04,520 S54 585 1 S611462252 u,921
D Annual Rearm neasea en Previous month
�aAEST?FTEP CASH V IRFISCAL AGENT SONO FVN2 I
m 3
nal Fupd Garen Bank Etaleock Prey Traund XXXXXX520 I 0 010% 0 OTO% Vannes Open SO 5)7247 la OVA 50
v SB195 30
925 4<15�
50> a - a0o$
51: - 125m $251415 av=6
m o 1250$W 3250000 $254515535;5
49s� a'i26e 10
$224 $229
Mutual Furs] Goon Pank Vecanck Pra Taund 5XXXXIC540 I 0 11110% 0 010% Varian Open 5459 5515 Mutual Pad Union sank Badman< Proy naiad )000(XX5405 0 010% 0 010% Various Open m18iim $1eii%
5992Muted Fund 9nron Para Pialerock Free T-Fund 5XXXXX5405 0 WO% 0 OTO% Vermun Oran
Mutual Fund Union Ban% Blaalock Pray T-F ad XXXXXX5407 0 010% 0 010% Vaal% Open 32595 z95 an
Mutual .um Wenn Para laaainek a80.. irw8 N00(445505 0010% 0010% Various open mavr 12e,1m
TOTAL CEO NO2 31 694343 a2naas,e wax% 327198H SO
CINTO TAX ALLOCATPN BONDS
Muam Fad Irian Bam Buwock Aron i-Ewa )0W75730X OW3% 0W3% Vamua Open $400413 H 36 -100 W% 18 a0
1SS7 WATER IMPROVEMENT REVENUE BONDS
Mural Fund un83n sank Bnumox iron. Lawn XX1459800X 0010% 0010% Various Open $118$88 N 3178507 0.00% $118.501 30
M WV Fund Goon Pank fixdmaM pmv nEuna x%NX6S190x Oo.O% 0010% Varian Open 52 T16O „ TOTALL CASH WANK FISCAL AGENT 42,E98g2 2715% 43p0,IW N>U
TOTAL ALL PONO3 46>369,I55 45F.tl3,>29 -LtlN i38N9,3p 412112
PER INVESTMENT POLICY -
Papered Py Aare) Finance Vadat
075(2012
Maximum% Damn % n ampaanM
£'VE W311 VQN39t
a
m
Page 2 Z
TREASURER'S REPORT v
FOR THE MONTH ENDING AUGUST 31, 2012
7/31/2012 8/31/2012 % change 8/31/2012 COMPUTED
INVESTMENT INSTITUTION INTEREST AUGUST PURCHASE MATURITY PREV. MONTH CURRENT from prior MARKET ACCRUED AVERAGE 7.
TYPE SERIAL# RATE YIELD INTEREST DATE DATE BALANCE BALANCE month VALUE INTEREST DURATIOI
Negotiable CDs 10% 1% Yes B $750,000
Obligations issued by U.S. Govemment Agencies 100% 11 % Yes C $6,192,605 5
Commercial Paper 15% 1% Yes D $399,745
Medium Term Notes 20% 3% Yes E $1,777,924 W
Repurchase Agreements 10% 0% Yes F $0)01
Time Deposits 30% 19% Yes G $10,941,643
Mutual Funds (Limited to U.S. Treasuries) 18% 4% Yes H $2,143,432 W
Mutual Funds (Limited to U.S. Govt. Sec.) 18% 0% Yes I $10,769
Level 2 - Investments
Money Market Funds (non -brokered) 20% 0% Yes J $0
LAIF 90% 18% Yes K $9,910,003
CAMP (pool account) 50% 0% Yes L $252,714
Cash & Demand Accounts n/a n/a n/a M $22,454,904
I CERTIFY THAT THESE INVESTMENTS COMPLY WITH ALL STATE LAWS PERTAINING TO THE INVESTMENT OF LOCAL AGENCY FUNDS AND
CITY OF SAN JACINTO'S INVESTMENT POLICIES. CITY OF SAN JACINTO MEETS OR EXCEEDS THE SIX MONTH CASH FLOW REQUIREMENTS
DPER GOVERNMENT CODE 53646(b)(3).
0
111 2NARD SIMON, TREASURER
of San Jacinto
0
m
N
$56,438,724
Prepared By: Acting Finance Director
9/25/2012
£L l3OHd 13Nadd
City of San Jacinto
schedule of Certificates of Deposits
BU112012
Interest Lest Interest Principal Wth*awal
Term Rate Yieltl Open Dale Maturity Pad Date Amount Interest al Maturity
Rank 4f M5®44
161658725 36 Months 224% 2263%
161659525 36 Months 213% 2151%
161663325 36 Months 2.17% 2192%
161673025 36 Months 204% 2059%
161683825 36 Months 201% 2029%
0921010825 36 Months 193% 1947%
4921015925 24 Months 1 46% 1 410%
4921020525 36 Months 17716 178416
161718425 36 Months 15016 1510%
161726525 36 Months 14516 1460%
0921048525 36 Months 13516 1. 358%
182% 184%
9/2812012 8/2712012 50000000 3373850
10/15/2012 8/14/2012 50000000 31 101 51
11/27/2012 8/26/2012 50000000 30,72500
922/2013 8/21/2012 50000000 26,123.97
4 0/2113 8/19/2012 50000000 2402644
9/2)/2)13 8/19/2012 50000000 2,54051
8/16/2012 8/15/2012 500 000 00 1482665
8116/2013 8/15/2112 50000000 1802858
11/1]/2013 8/16/2012 50000000 1329562
12/20/2013 8/19/2012 500000 00 1223660
11202014 8/19/2112 500 000 00 10797 99
(514.82665)
Balanu
53373850
531 10151
53072500
526,12397
52402644
520 5410 51
51802858
513 9562
512 3660
51019799
Crimpled
Accrued
Interest
132 84
530 20
159 95
298.14
351.10
330 88
407 52
320 81
247 58
229 86
5500 000 00 235 441 37
RaMLank
5368512979 No 1 36 Months 19016 191716 9/9/2009 9/9/2012 8/8/2012 50000000 2888543
5368512979 No 2 36 Months 20016 2018% RPi/2C09 12/21/2012 8/20/2012 50000000 2777665
5368512979 No 4 36 Months 20016 2018% 112512010 1/25.2093 8/24/2012 50000000 2,86937
5368512979 No 5 36 Months 20016 2018% 3/22/2010 3/292013 8/21/2112 50000000 2514657
5368512979 No 6 36 Months 20016 2018% 520.2010 5/20/2013 8/17/2012 50000000 23,37135
5368512979 No 7 36 Months 20016 2018% 6111/2010 6/11/2113 8/16/2012 50000000 2247211
5368512979 No 8 36 Months 19026 1917% 920/2010 9202013 8/1 ✓,2012 50000000 1880231
5368512979 No 9 36 Months 16326 164216 f0/19/2010 10/192013 8/17/2012 50000000 1538970
5368512979 No 10 36 Months 16526 160316 2/11/2099 211/ID94 8/16/2112 50000000 1268492
5368512979 No 11 36 Months 14016 1409% 39I2011 3/11/2014 8/16/2012 50000000 1018809
5368512979 No 12 36 Months 14016 1409% 421/2099 421/2014 8/2012012 50000000 944147
181% 182%
(51482665)
522061472 301688
52888543
527.77665
52686937
525.14657
523 W 135
52247211
51880231
515 8910
512 8492
51018809
50944147
642 01
322 53
20089
291 75
407 07
435 39
383 34
326 TO
352 47
29761
21793
5500 000 00 221 02797
5721 02797 388169
TOTAL 11 000 000 00 456 46934 (51482665) 10 941 64269 689856
£ro£11311VON3Ot
AGENDA ITEM 3A.3
Interest Rates - 09/09 to 08/12
N
a a <0 -2 o
U �m are 0
I I I I
N
0
Z6/8
Z6/L
Z6/9
Z/
Z 6/b
Z6/£
Z6/Z
Z6/6
6 6/Z
66/66
66/06
66/6
I I /8
66/L
66/9
66/S
66/b
66/£
6 I /Z
II/6
0 6/Z
06/66
06/06
06/6
06/8
06/L
06/9
06/S
06/b
06/£
06/Z
06/6
60/Z 6
60/ I I
60/0 6
60/6
PACKET PAGE: 14
EVE IN31I V N3DV
cm 1 CHANDLER ASSET MANAGEMENT
Monthly Account Statement
City of San Jacinto, Californi
August 1, 2012 through August 31, 2012
Chandler Team
For questions about your account,
please call (800) 317-4747 or
Email operations@chandlerasset.com
Custodian
US Bank
Linda Brimm
+()314-418-3441
Information contained herein is confidential. We urge you to compare this statement to the one you receive from your
qualified custodian. Prices are provided by IDC, an independent pricing source.
us ou ever. an`Iego,
•one ' .,..+.
•
ax www.c an.'eresse .com
•a0b'd I 1 Vd
01
City of San Jacinto, Californi
Account#10167
Portfolio Summary
As of 8/31/2012
PORTFOLIO CHARACTERISTICS
Mow_ ACCOUNT SUMMARY
TOP ISSUERS
Average Duration
Average Coupon
Average Purchase YTM
Average Market YTM
Average S&P/Moody Rating
Average Final Maturity
Average Life
1.68
2.11 %
0.45 %
0.35 %
AA+/Aa1
1.73 yrs
1.72 yrs
Market Value
Accrued Interest
Total Market Value
Income Earned
Co nt/W D
Par
Book Value
Cost Value
Beg. Values End Values
as of 7/31/12 as of 8/31/12
9,965,517 9,979,429
58,672 52,565
10, 024,189 10,031,994
3,373 3,404
-938
9,674,548 9,695,769
9,945,284 9,953,856
9,965,361 9,986,029
Issuer
Federal Home Loan Mortgage Corp
Government of United States
Federal Home Loan Bank
Federal National Mortgage Assoc
Federal Farm Credit Bank
US Bancorp
Toyota Motor Corp
General Electric Co
% Portfolio
18.1 %
16.0 %
16.0 %
15.9 %
11.9 %
2.0 %
2.0 %
2.0
84.1 0/0
SECTOR ALLOCATION
MATURITY DISTRIBUTION
CREDIT QUALITY (S&P)
Money
Market
Fund
FI
(0.1 %)
Commercial
Paper
(4.0 %)
1'
r
Agency!
(62.0 %)
US
Corporate
(17.9 %)
US
Treasury
(16.0 %)
50%
40%
30%
20%
10%
%
12.2 %
8.1 % 8.0 %
■
40.4 %
10.4 %
18.6 %
2.2 %
0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5+
Maturity (Yrs)
AA
(82.5 %)
A
(12.1 %)
PERFORMANCE REVIEW
Total Rate of Return
As of 8/31/2012
City of San Jacinto, Californi
Current
Month
0.09 %
Latest
3 Months
NIA
Year
To Date 1 Yr
N/A N/A
Annualized
3 Yrs
N:A
5 Yrs 10 Yrs
0
AAA
(5.49c I"
0
m
Sinc O)
6/30/2012 6/30/20 t z
NA NA N/A
0.34 %
1
1-3 yr Treasury
0.01
NIA
N/A
N/A
N/A
N A N/A N:'A
0.25
ndler Asset Management - CONFIDENTIAL
Page 1
Execution Time: 9/5/2012 11:48:32 AM
City of San Jacinto, Californi
Account#10167
Holdings Report
As of 8131/12
CUSIP
Security Description
Par Value Units
Purchase Date I Cost Value Mkt Price Market Value % of Port. Moody Maturity
Book Yield Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration
iu
3133MTZL5
FHLB Note
4.5% Due 11/15/2012
200,000.00 06/25/2012
0.18 %
203,334.00 100.84
201,760.92 0.39 9/0
201,686.40
2,650.00
2.04 %
Aaa
(74.52) AA+
0.21
0.21
3137EACG2 FHLMC Note
1.375% Due 1/9/2013
200,000.00 06/20/2012 201,275.20 100.43 200,857.00 2.01 % Aaa 0.36
0.21 % 200,820.67 0.17 9/0 397.22 36.33 AA+ 0.36
3133XW7L7 FHLB Note
1.5% Due 1/16/2013
200,000.00 06/18/2012 201,500.00 100.49 200,981.80 2.01 % Aaa 0.38
0.19 % 200,973.93 0.19 9/0 375.00 7.87 AA+ 0.37
D- IJBV4 FFCB Note 200,000.00 06/06/2012 202,176.00 100.69 201,376.60 2.01 % Aaa 0.48
0 1.75% Due 2/21/2013 0.21 % 201,453.47 0.29 % 97.22 (76.87) AA+ 0.47
m 3AJ94 FNMA Note 295,000.00 06/13/2012 298,994.30 101.00 297,962.09 2.99 % Aaa 0.68
Z 1.75% Due 5/7/2013 0.24 % 298,029.32 0.28 % 1,634.79 (67.23) AA+ 0.68
0 KXYX9 FHLB Note 200,000.00 06/06/2012 203,374.00 101.33 202,667.00 2.03 % Aaa 0.81
1.875% Due 6/21/2013 0.25 % 202,608.40 0.22 9/0 729.17 58.60 AA+ 0.80
1 JPK3 FFCB Note 200,000.00 06/13/2012 202,308.00 101.01 202,011.00 2.02 % Aaa 0.82
1.375% Due 6/25/2013 0.25 % 201,823.07 0.14 % 504.17 187.93 AA+ 0.81
m =ABS7 FHLMC Note 190,000.00 06/25/2012 199,059.20 104.17 197,930.03 2.01 % Aaa 1.07
3 4.125%Due 9/27/2013 0.31 % 197,733.95 01.0243.
.23 % 3,352.71 196.08 AA+ 1.04
W KSAE8 FHLB Note 190,000.00 06/22/2012 198,202.11 103.79 197,202.14 1.99 % Aaa 1.13
P 3.625% Due 10/18/2013 0.33 % 197,040.14 0.26 % 2,544.55 162.00 AA+ 1.10
CAk4UK8 FHLMC Note 190,000.00 06/06/2012 202,469.51 105.63 200,694.72 2.03 % Aaa 1.21
4.875% Due 11/15/2013 0.30 % 200,430.77 0.20 % 2,727.29 263.95 AA+ 1.17
313371UC8 FHLB Note
0.875% Due 12/27/2013
200,000.00 06/20/2012 201,638.60 100.84 201,676.00 2.01 % Aaa 1.32
0.33 % 201,425.64 0.24 % 311.11 250.36 AA+ 1.31
3137EABX6 FHLMC Note
2.5% Due 1/7/2014
31398AVD1 FNMA Note
2.75% Due 2/5/2014
31331KAH3 FFCB Note
1.125% Due 2/27/2014
31398AVZ2 FNMA Note
2.75% Due 3/13/2014
3137EACB3 FHLMC Note
2.5% Due 4/23/2014
190,000.00 06/22/2012 196,365.00 103.08 195,856.75 1.96 % Aaa 1.35
0.31 % 195,593.48 0.21 % 712.50 263.27 AA+ 1 no
285,000.00 06/07/2012 296,521.98 103.65 295,401.08 2.95 % Aaa 1 >
0.30 % 294,908.52 0.19 % 566.04 492.56 AA+ 1 0
200,000.00 06/20/2012 202,658.00 101.28 202,556.60 2.02 % Aaa 1 m
0.33 % 202,347.32 0.26 % 25.00 209.28 AA+ 1
285,000.00 06/22/2012 296,744.28 103.80 295,827.15 2.99 % Aaa 1 -0
0.34 % 295,468.54 0.27 % 3,657.50 358.61 AA+ 1 D
190,000.00 06/18/2012 197,628.50 103.69 197,016.32 1.98 % Aaa 1 0
0.32 % 196,789.71 0.25 % 1,688.89 226.61 AA+ 1 m
31398AXJ6 FNMA Note
2.5% Due 5/15/2014
290,000.00 06/14/2012 301,881.30 103.78 300,961.71 3.02 % Aaa 1
0.35 % 300,555.49 0.28 % 2,134.72 406.22 AA+ 1
313373JR4 FHLB Note
1.375% Due 5/28/2014
290,000.00 06/06/2012 295,834.80 102.05 295,948.48 2.96 % Aaa 1.74
0.35 % 295,137.87 0.19 % 1,030.10 810.61 AA+ 1.72
3135G0BJ1 FNMA Note 195,000.00 06/06/2012 198,011.97 101.57 198,065.79 1.98 % Aaa 1.82
1.125% Due 6/27/2014 0.37 % 197,666.60 0.26 % 390.00 399.19 AA+ 1.80
3137EACD9 FHLMC Note
3% Due 7/28/2014
190,000.00 06/22/2012 200,286.03 105.02 199,530.97 1.99 % Aaa 1.91
0.40 % 199,369.32 0.36 % 522.50 161.65 AA+ 1.86
Chandler Asset Management - CONFIDENTIAL Page 2 Execution Time:9/5/2012 It:48:32 AM
CA%
City of San Jacinto, Californi
Account#10167
Holdings Report
As of 8/31/12
Purchase Date Cost Value Mkt Price Market Value % of Port. Moody Maturity
CUSIP Security Description Par Value/Units Book Yield Book Value Mkt YTM Accrued Int. Gain/Loss S&P Duration
AGENCY
3135G0KM4 FNMA Note
0.5% Due 5/27/2015
200,000.00 06/12/2012
0.53 %
199,828.00
100.34
199,840.76 0.37 0/0
200,683.20
261.11
2.00
Aaa
842.44 AA+
2.74
2.72
31331J2S1 FFCB Note
1.5%Due 11/16/2015
290,000.00 06/25/2012 299,065.40 103.49 300,131.44 3.00 % Aaa 3.21
0.57 % 298,574.78 0.40 0/0 1,268.75 1,556.66 AA+ 3.13
31331VGU4 FFCB Note
4.875% Due 12/16/2015
250,000.00 06/12/2012 286,602.00 114.37 285,926.50 2.88 % Aaa 3.29
0.65 % 284,316.16 0.47 0/. 2,539.06 1,610.34 AA+ 3.06
3133XXP43 FHLB Note
3.125% Due 3/11/2016
270,000.00 06/14/2012 293,180.04 109.13 294,653.43 2.98 % Aaa 3.53
0.79 0/0 291,855.47 0.51 % 3,984.38 2,797.96 AA+ 3.32
3137EACT4 FHLMC Note
2.5% Due 5/27/2016
180,000.00 07/12/2012 193,012.20 107.20 192,956.58 1.94 % Aaa 3.74
0.61 % 192, 552.08 0.55 0/0 1,175.00 404.50 AA+ 3.57
3137EACW7 FHLMC Note
2% Due 8/25/2016
190,000.00 06/14/2012 199,262.31 105.62 200,683.70 2.00 % Aaa 3.99
0.82 % 198,790.73 0.57 0/0 63.33 1,892.97 AA+ 3.84
3137EADCO FHLMC Note
1% Due 3/8/2017
220,000.00 08/20/2012 221,392.60 101.27 222,786.30 2.23 % Aaa 4.52
0.86 %
221,383.37
0.71 % 1,057.22
1,402.93 AA+ 4.39
Total Agency 5,980,000.00
6,192,605.33
0.40 % 6,169,250.48 0.32 %
6,184,030.78 62.01 % Aaa 1.83
36,399.33 14,780.30 AA+ 1.78
COMMERCIAL PAPER
89233GJR8 Toyota Motor Credit Discount CP
0.19% Due 9/25/2012
200,000.00 06/27/2012 199,905.00 99.99 199,974.67 1.99 % P-1 0.07
0.19 % 199,974.67 0.19 % 0.00 0.00 A-1+ 0.07
36959HKR7 General Electric Capitial Corp Discount 200,000.00 06/27/2012 199,840.00 99.96 199,928.00 1.99 % P-1 0.15
CP 0.24 % 199.928.00 0.24 % 0.00 0.00 A-1+ 0.15
0.24% Due 10/25/2012
Total Commercial Paper 400,000.00
399,745.00 399,902.67 3.99 % P1 0 -0
0.22 % 399,902.67 0.22 % 0.00 0.00 A-1+ 0 D
C)
m
Various 10.769.28 1.00 10,769.28 0.11 % Aaa 0
0.02 % 10,769.28 0.02 % 0.00 0.00 MA 0
10,769.28 10,769.28 0.11 % Aaa 0 D
0.02 % 10,769.28 0.02 % 0.00 0.00 AAA 0 G)
m
MONEY MARKET FUND FI
31846V203 First American Govt Obligation Fund
10, 769.28
Total Money Market Fund FI 10,769.28
US CORPORATE
46625HHB9 JP Morgan Chase Note
4.75% Due 5/1/2013
CO
120,000.00 06/25/2012 123,728.40 102.69 123,230.76 1.25 % A2 0.,..
1.03 % 122,939.00 0.69 % 1,900.00 291.76 A 0.65
084664BG5 Berkshire Hathaway Note
5% Due 8/15/2013
185,000.00 06/25/2012 194,348.05 104.35 193,048.24 1.93 0/. Aa2 0.96
0.51 % 192,876.81 0.43 % 411.11 171.43 AA+ 0.94
91159HGY0 US Bancorp Callable Note Cont 8/13/13 200,000.00 06/25/2012 201,920.00 101.03 202,053.60 2.03 % Aa3 1.04
1.375% Due 9/13/2013 0.52 % 201,616.35 0.29 % 1,283.33 437.25 A+ 0.94
983024AE0 Wyeth Note
5.5% Due 2/1/2014
115,000.00 06/06/2012 124,132.15 107.16 123,232.74 1.23 % Al 1.42
0.62 % 122,884.09 0.43 % 527.08 348.65 AA 1.38
ndler Asset Management - CONFIDENTIAL Page 3 Execution Time: 9/5/2012 11:48:32 AM
iA
CUSIP
City of San Jacinto, Californi
Account#10167
Securit Descri.tion
Par Value Units
Holdings Report
As of 8?31/12
Purchase Date I Cost Value Mkt Price
Book Yield Book Value Mkt YTM
Market Value % of Port.
Accrued Int. Gain/Loss
Moody Maturity
S&P Duration
US CORPORATE
A
24422ERA9
94974BET3
John Deere Capital Corp Note
1.6% Due 3/3/2014
Wells Fargo Corp Note
3.75% Due 10/1/2014
120,000.00
120,000.00
06/06/2012
0.57 %
06/26/2012
1.27 %
122,121.60
121,845.46
126,600.00
126,087.38
101.62
0.52 9/0
105.77
0.95 %
121,944.84
949.33
126,924.60
1,875.00
1.23 94
99.38
1.28 %
837.22
A2
A
A2
A+
1.50
1.48
2.08
1.99
74005PAQ7
' 3HPG1
c.)
Praxair Note
5.25% Due 11/15/2014
HSBC USA Inc Note
2.375% Due 2/13/2015
115,000.00
125,000.00
06/26/2012
0.71 %
06/26/2012
1.90%
127,295.80
126,390.24
126,497.50
126,397.56
109.81
0.75 %
102.46
1.35
126,285.18
1,777.71
128,081.00
148.44
1.28 %
(105.06)
1.28 %
1,683.44
A2
A
A2
A+
2.21
2.08
2.45
2.38
m 18BX5
Z
I6AX8
m
Pepsico Inc. Note
0.75% Due 3/5/2015
125,000.00
06/05/2012
0.83%
124,732.50
124,755.24
100.51
0.54 9/0
125,640.88
458.33
1.26 %
885.64
Coca Cola Company Note
0.75% Due 3/13/2015
125,000.00
06/18/2012
0.63 %
125,421.25
125,390.77
100.79
0.43 4/0
125,991.88
434.90
1.26%
601.11
Aa3
A-
Aa3
A+
2.51
2.48
2.53
2.50
I8AG9
Microsoft Note
1.625%4 Due 9/25/2015
125,000.00
06/27/2012
0.65%4
128,893.75
128,683.10
103.73
0.40 %
129,668.50
880.21
1.30%4
985.40
Aaa 3.07
AAA 2.98
I2AB9
Ebay Inc Note
1.625% Due 10/15/2015
125,000.00
06/12/2012
0.91 %4
127,943.75
127,755.08
103.27
0.57 4/0
129,084.50
767.36
1.29 %
1,329.42
A2
A
3.12
3.03
)0GU9
IBM Corp Note
2% Due 1/5/2016
120,000.00
06/05/2012
0.98 %
124,288.80
124,009.67
104.39
0.67 4/0
125,263.80
373.33
1.25 %
1,254.13
Aa3
AA -
3.35
3.23
US Corporate
1,720,000.00
0.83 %
1,777,923.55
1,771,630.75 0.60 %
1,780,450.52
11,786.13
17.87 %
8,819.77
Al
A+
1.99
1.93
US TREASURY
912828LR9
912828MB3
US Treasury Note
1.375% Due 10/15/2012
US Treasury Note
1.1259/0 Due 12/15/2012
200,000.00
200,000.00
06/14/2012
0.12 %
06/22/2012
0.15 %
200,836.61
200,301.73
200,922.55
200,559.93
100.14
0.26 %
100.27
0.18 4/0
200,273.40
1,044.40
200,546.80
479.51
2.01 %
(28.33)
2.00 4/0
(13.13)
912828NN6
US Treasury Note
1%4 Due 7/15/2013
200,000.00
06/22/2012
0.25%
201,594.42
201,302.66
100.71
0.19 %
201,414.00
260.87
2.01 4/0
111.34
Aaa 0.12
AA 1 0 '"ti
Aaa 0 >
AA, 0 n
T
Aaa 0 m
AA. 0 -I
912828PB0
US Treasury Note
0.5% Due 10/15/2013
200,000.00
06/20/2012
0.27%4
200,617.136
200,524.28
100.33
0.21 %
200,656.20
379.78
2.00 4/0
131.92
912828PQ7
US Treasury Note
1% Due 1/15/2014
200,000.00
06/25/2012
0.31 %4
202,133.48
201,881.82
101.08
0.21 4/0
202,156.20
260.87
2.02 4/0
274.38
Aaa 1 J
AAt 1 >
Aaa 1 m
AA 1 1 _ _
912828PZ7
US Treasury Note
1.25% Due 3/15/2014
195,000.00
06/14/2012
0.30 %
198,222.72
197,828.72
101.57
0.23 4/0
198,062.09
1,126.02
1.99 4/0
233.37
Aaa
AA, 1 CO
912828NV8
US Treasury Note
1.25% Due 8/31 /2015
195,000.00
06/06/2012
0.38%
200,454.56
200,057.02
102.82
0.30 %
200,499.59
6.73
2.00 %
442.57
Aaa 3.00
AA t 2.95
912828PE4
US Treasury Note
1.25%4 Due 10/31/2015
195,000.00
06/07/2012
0.46 %
200,203.19
199.846.52
102.91
0.33 4/0
200,667.09
821.33
2.01 %
820.57
Aaa
AA.
3.17
3.10
Total US Treasury
1,585,000.00
0.28%
1,604,985.39
1,602,302.68
0.24 4/0
1,604,275.37
4,379.51
16.04 %
1,972.69
Aaa
AA+
1.44
1.42
Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 9/5/201211:48:32 AM
TOTAL PORTFOLIO
9,695,769.28 0.45
9,986,028.55
9,953,855.86
9,979,428.62 100.00 % Aa1 1.73
0.35 % 52,564.97 25,572.76 AA+ 1.68
TOTAL MARKET VALUE PLUS ACCRUED 10,031,993.59
OZ :30`dd 13N3Vd
*iiandler Asset Management - CONFIDENTIAL
Page 5 Execution Time: 9/5/2012 11:48:32 AM
City of San Jacinto, Californi
Jail Account #10167
Transaction Ledger
7/31/12 Thru 8/31/12
Transaction Settlement AcglDisp Interest
Type Date CUSIP Quantity Security Description Price Yield Amount Pur/Sold Total Amount Galn/Loss
ACQUISITIONS
Purchase
Purchase
Purchase
Purchase
Filirichase
• lase
m lase
0 lase
08/01/2012 31846V203
08/01/2012 31846V203
08/05/2012 31846V203
08/13/2012 31 846V203
08/15/2012 31846V203
08/20/2012 31846V203
08/20/2012 31846V203
08/21/2012 3137EADCO
- lase 08/21/2012 31846V203
rnlase 08/25/2012 31846V203
3 lase 08/27/2012 31846V203
lase 08/31/2012 31846V203
Subtotal
Ca)
3,162.50 First American Govt Obligation Fund
1.15 First American Govt Obligation Fund
3,918.75 First American Govt Obligation Fund
1,484.38 First American Govt Obligation Fund
4,625.00 First American Govt Obligation Fund
5,362.50 First American Govt Obligation Fund
195,000.00 First American Govt Obligation Fund
220,000.00 FHLMC Note
1% Due 3/8/2017
1.000 3,162.50 0.00 3,162.50 0.00
1.000 1.15 0.00 1.15 0.00
1.000 3,918.75 0.00 3,918.75 0.00
1.000 1,484.38 0.00 1,484.38 0.00
1.000 4,625.00 0.00 4,625.00 0.00
1.000 5,362.50 0.00 5,362.50 0.00
1.000 195,000.00 0.00 195,000.00 0.00
100.633 0.86% 221,392.60 996.11 222,388.71 0.00
1,750.00 First American Govl Obligation Fund 1.000 1,750.00 0.00 1,750.00 0.00
1,900.00 First American Govt Obligation Fund 1.000 1,900.00 0.00 1,900.00 0.00
1,125.00 First American Govt Obligation Fund 1.000 1,125.00 0.00 1,125.00 0.00
1,218.75 First American Govt Obligation Fund 1.000 0.02 % 1,218.75 0.00 1,218.75 0.00
439,548.03 440,940.63 996.11 441,936.74 0.00
TOTAL ACQUISITIONS 439,548.03 440,940.63 996.11 441,936.74 0.00
DISPOSITIONS
Sale 08/21/2012 31846V203 222,388.71 First American Govt Obligation Fund 1.000 222,388.71 0.00 222,388.71 Crii
Subtotal 222,388.71 222,388.71 0.00 222,388.71 C n
Maturity 08/20/2012 3137EAAV1 195,000.00 FHLMC Note 100.000 195,000.00 0.00 195,000.00 ( Ill
5.5% Due 8/20/2012 -I
Subtotal 195,000.00 195,000.00 0.00 195,000.00 C D
0
Security 08/06/2012 31846V203 834.00 First American Govt Obligation Fund 1.000 834.00 0.00 834.00 C Ill
Withdrawal
IV
Security 08/28/2012 31846V203 104.17 First American Govt Obligation Fund 1.000 104.17 0.00 104.17 ( -1
Withdrawal
Subtotal 938.17 938.17 0.00 938.17 0.00
TOTAL DISPOSITIONS 418,326.88
418,326.88
0.00 418,326.88 0.00
Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 9/5/2012 11:48:32 AM
City of San Jacinto, Californi
Account#10167
Transaction Ledger
7/31/12 Thru 8/31/12
Transaction Settlement AcglDisp Interest
Type Date CUSIP Quantity Security Description Price Yield Amount Pur/Sold Total Amount Galn/Loss
OTHER TRANSACTIONS
Interest 08/01/2012 983024AE0 115,000.00 Wyeth Note
5.5% Due 2/1/2014
Interest 08/05/2012 31398AVD1 285,000.00 FNMA Note
2.75% Due 2/5/2014
Interest 08/13/2012 40428HPG1 125,000.00 HSBC USA Inc Note
2.375% Due 2/13/2015
Interest 08/15/2012 084664BG5 185,000.00 Berkshire Hathaway Note
5% Due 8/15/2013
Interest 08/20/2012 3137EAAV1 195,000.00 FHLMC Note
5.5% Due 8/20/2012
Interest 08/21/2012 31331JBV4 200,000.00 FFCB Note
1.75% Due 2/21 /2013
Interest 08/25/2012 3137EACW7 190,000.00 FHLMC Note
2% Due 8/25/2016
Interest 08/27/2012 31331 KAH3 200,000.00 FFCB Note
1.125% Due 2/27/2014
Interest 08/31/2012 912828NV8 195,000.00 US Treasury Note
1.25% Due 8/31/2015
Subtotal 1,690,000.00
Dividend 08/01/2012 31846V203 17,710.63 First American Gov! Obligation Fund
Subtotal 17,710.63
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
3,162.50
3,918.75
1,484.38
4,625.00
5,362.50
1,750.00
1,900.00
1,125.00
1,218.75
0.00 3,162.50
0.00 3,918.75 0.00
0.00 1,484.38 0.00
0.00 4,625.00 0.00
0.00 5,362.50 0.00
0.00 1,750.00 0.00
0.00 1,900.00 0.00
0.00 1,125.00 0.00
0.00 1,218.75 0.00
0.00
24,546.88
0.00 24,546.88 0.00
0.000 1.15 0.00 1.15 0.00
TOTAL OTHER TRANSACTIONS 1,707,710.63
1.15 0.00 1.15 0.00
24,548.03 0.00 24,548.03
0
m
N
iligandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 9/5/2012 11:48:32 AM
`' City of San Jacinto, Californi
all Account #10167
Income Earned
7/31/12 Thru 8/31/12
CUSIP Securit Descri.tion
Trade Date Book Value: Begin Prior Accrued Accr. Of Discount
Settle Date Book Value: Acq Inc. Received Amort. Of Premium
Units Book Value: Disp Ending Accrued Net Accret/Amort
Book Value: End Total Interest Income Earned
Unreal G/L
Total Income
Fixed Income
084664BG5
Berkshire Hathaway
Note
5% Due 08/15/2013
06/25/2012
06/28/2012
185,000.0
193,578.48
0.00
0.00
192,876.81
4,265.28
4,625.00
411.11
770.83
0.00
701.67
(701.67)
69.16
0.00
69.16
>2 1216AX8 Coca Cola Company
i Note
0.75% Due 03/13/2015
m
Z 'ERA9 John Deere Capital Corp
125,403.89 356.77 0.00
06/18/2012 0.00 0.00 13.12
06/21/2012 0.00 434.90 (13.12)
125,000.0 125,390.77 78.13 65.01
0.00
65.01
CP
Note 0.00 0.00 104.39
121,949.85 789.33 0.00 06/06/2012
Due 03/03/2014 06/102012 0.00 949.33 (104.39)
120,000.00 121,845.46 160.00 55.61
12AB9 Ebay Inc 127,830.06 598.09 0.00
0.0 0.0074.98
0.00 767.36 (74.98)
127,755.08 169.27 94.29
Note 06/12/2012
1.625% Due 10/15/2015 06/15/2012
125,000.0
IJ2S1 FFCB
Note
1.5% Due 11/16/2015
298,801.79 906.25 0.00
06/25/2012 0.00 0.00 227.01
06/26/2012 0.00 1,268.75 (227.01)
290,000.00 298,574.78 362.50 135.49
0.00
55.61
0.00
94.29
0.00
135.49
31331JBV4
31331JPK3
FFCB
Note
1.75% Due 02/21/2013
FFCB
Note
1.375% Due 06/25/2013
31331KAH3 FFCB
Note
1.125% Due 02/27/2014
201,713.92 1,555.56 0.00
06/06/2012 0.00 1.750.00 260.45
06/07/2012 0.00 97.22 (260.45) 0.00
200,000.00 201,453.47 291.66 31.21 31 'Arj
202,013.36 275.00 0.00 >
06/13/2012 0.00 0.00 190.29 C)
06/14/2012 0.00 504.17 (190.29) 0
200,000.00 201,823.07 229.17 38.88 38 m
202,481.09 962.50 0.00
06/20/2012 0.00 1,125.00 133.77
06/21/2012 0.00 25.00 (133.77) 0
200,000.00 202,347.32 187.50 53.73 53 I."
31331VGU4 FFCB
Note
4.875% Due 12/16/2015
06/12/2012
06/13/2012
250,000.00
285,201.92
0.0
0.00
284,316.16
1,523.44
0.00
2,539.06
1,015.62
0.00
885.76
(885.76)
129.86
N
0 W
129.86
313371UC8
FHLB
Note
0.875% Due 12/27/2013
201,517.33 165.28 0.00
06/20/2012 0.00 0.00 91.69
06/21/2012 0.00 311.11 (91.69)
200,000.00 201,425.64 145.83 54.14
0.00
54.14
Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 9/5/2012 11:48:32 AM
CA%
City of San Jacinto, Californi
Account#10167
Income Earned
7/31/12 Thru 8/31/12
CUSIP Security Description
Trade Date Book Value: Begin Prior Accrued Accr. Of Discount
Settle Date Book Value: Acq Inc. Received Amort. Of Premium
Units Book Value: Disp Ending Accrued Net Accret/Amort
Book Value: End Total Interest Income Earned
Unreal G/L
Total Income
313373JR4
FHLB
Note
1.375% Due 05/28/2014
06/06/2012
06/07/2012
290,000.00
295,389.09
0.00
0.00
295,137.87
697.81
0.00
1,030.10
332.29
0.00
251.22
(251.22)
81.07
0.00
81.07
3133MTZL5 FHLB
Note
4.5% Due 11/15/2012
202,488.76
06/25/2012 0.00
06/26/2012 0.00
200,000.00 201,760.92
1,900.00
0.00
2,650.00
750.00
0.00
727.84
(727.84)
22.16
0.00
22.16
3133XSAE8 FHLB
Note
3.625% Due 10/18/2013
197,569.86 1,970.59 0.00
06/22/2012 0.00 0.00 529.72
06/25/2012 0.00 2,544.55 (529.72)
190,000.00 197,040.14 573.96 44.24
0.00
44.24
3133XW7L7 FHLB
Note
1.5% Due 01/16/2013
06/18/2012
06/19/2012
200,000.00
201,194.31
0.00
0.00
200,973.93
125.00
0.00
375.00
250.00
0.00
220.38
(220.38)
29.62
0.00
29.62
3133XXP43 FHLB
Note
3.125% Due nil 1 /2016
06/14/2012
06/15/2012
270,000.00
292,381.90
0.00
0.00
291,855.47
3,281.25
0.00
3,984.38
703.13
0.00
526.43
(526.43)
176.70
0.00
176.70
3133XXYX9 FHLB
Note
1.875% Due 06/21/2013
202,884.37 416.67 0.00
06/06/2012 0.00 0.00 275.97
06/07/2012 0.00 729.17 (275.97)
200,000.00 202,608.40 312.50 36.53
0.00
36.53
3134A4UK8 FHLMC
Note
4.875% Due 11/15/2013
201,165.66 1,955.42 0.00
06/06/2012 0.00 0.00 734.89
06/07/2012 0.00 2,727.29 (734.89)
190,000.00 200,430.77 771.87 36.98
0
36
3135G0BJ1
FNMA
Note
1.125% Due 06/27/2014
197,791.09 207.19 0.00
06/06/2012 0.00 0.00 124.49
06/07/2012 0.00 390.00 (124.49)
195,000.00 197,666.60 182.81 58.32
0
58
3135G0KM4 FNMA
Note
0.5% Due 05/27/2015
06/12/2012
06/13/2012
200,000.00
199,835.82
0.00
0.00
199,840.76
177.78
0.00
261.11
83.33
4.94
0.00
4.94
88.27
0
88
3137EAAV1
FHLMC
Note
Due 08/20/2012
06/12/2012
06/13/2012
0.00
195,543.76
0.00
195,000.00
0.00
4,796.46
5,362.50
0.00
566.04
0.00
543.76
(543.76)
22.28
17Z :30Vd 13>I0Vid
0.00
22.28
3137EABS7 FHLMC
Note
4.125% Due 09/27/2013
198,347.12 2,699.58 0.00
06/25/2012 0.00 0.00 613.17
06/26/2012 0.00 3,352.71 (613.17)
190,000.00 197,733.95 653.13 39.96
0.00
39.96
anther Asset Management - CONFIDENTIAL Page 9 Execution Time: 9/5/2012 11:48:32 AM
City of San Jacinto, Californi
Account#10167
Income Earned
7/31/12 Thru 8/31/12
CUSIP
Security Description
Trade Date Book Value: Begin Prior Accrued Accr. Of Discount
Settle Date Book Value: Acq Inc. Received Amort. Of Premium
Units Book Value: Disp Ending Accrued Net Accret/Amort
Book Value: End Total Interest Income Earned
Unreal G/L
Total Income
3137EABX6
FHLMC
Note
2.5% Due 01/07/2014
06/22/2012
06/25/2012
190,000.00
195,945.20
0.00
0.00
195,593.48
316.67
0.00
712.50
395.83
0.00
351.72
(351.72)
44.11
0.00
44.11
3137EACB3 FHLMC
Note
2.5% Due 04/23/2014
rn • EACD9 FHLMC
Z Note
✓ 3% Due 07/28/2014
06/18/2012
06/19/2012
190,000.00
197,141.09
0.00
0.00
196,789.71
1,293.06
0.00
1,688.89
395.83
0.00
351.38
(351.38)
44.45
0.00
44.45
ri
rn
ai
199, 787.23 47.50 0.00
06/22/2012 0.00 0.00 417.91
06/25/2012 0.00 522.50 (417.91)
190,000.00 199,369.32 475.00 57.09
0.00
57.09
EACG2 FHLMC
Note
1.375% Due 01/09/2013
201,016.37 168.06 0.00
06/20/2012 0.00 0.00 195.70
06/21/2012 0.00 397.22 (195.70)
200,000.00 200,820.67 229.16 33.46
0.00
33.46
EACT4 FHLMC
Note
2.5% Due 05/27/2016
07/12/2012
07/13/2012
180,000.00
192.837.35
0.00
0.00
192, 552.08
800.00
0.00
1,175.00
375.00
0.00
285.27
(285.27)
89.73
0.00
89.73
aiorcACW7 FHLMC
Note
2% Due 08/25/2016
06/14/2012
06/15/2012
190,000.00
198,978.15
0.00
0.00
198,790.73
1,646.67
1,900.00
63.33
316.66
0.00
187.42
(187.42)
129.24
0.00
129.24
3137EADC0 FHLMC
Note
1% Due 03/08/2017
0.00 0.00 0.00
08/20/2012 221,392.60 (996.11) 9.23
08/21/2012 0.00 1,057.22 (9.23)
220,000.00 221,383.37 61.11 51.88
0
51
31398AJ94
FNMA
Note
1.75% Due 05/07/2013
06/13/2012
06/14/2012
295,000.00
298,407.98
0.00
0.00
298,029.32
1,204.58
0.00
1,634.79
430.21
0.00
378.66
(378.66)
51.55
0
51
31398AVD1
FNMA
Note
2.75% Due 02/05/2014
295,496.96 3,831.67 0.00
06/07/2012 0.00 3,918.75 588.44
06/08/2012 0.00 566.04 (588.44)
285,000.00 294,908.52 653.12 64.68
0
64
31398AVZ2
FNMA
Note
2.75% Due 03/13/2014
296,050.13 3,004.38 0.00
06/22/2012 0.00 0.00 581.59
06/25/2012 0.00 3,657.50 (581.59)
285,000.00 295,468.54 653.12 71.53
9Z :30b'd 13>I0Vid
0.00
71.53
31398AXJ6
FNMA
Note
2.5% Due 05/15/2014
06/14/2012
06/15/2012
290,000.00
301,082.41
0.00
0.00
300,555.49
1,530.56
0.00
2,134.72
604.16
0.00
526.92
(526.92)
77.24
0.00
77.24
Chandler Asset Management - CONFIDENTIAL
Page 10 Execution Time: 9/5/2012 11:48:32 AM
`' City of San Jacinto, Californi
all Account #10167
Income Earned
7/31/12 Thru 8/31/12
CUSIP Security Description
Trade Date Book Value: Begin Prior Accrued Accr. Of Discount
Settle Date Book Value: Acq Inc. Received Amort. Of Premium
Units Book Value: Disp Ending Accrued Net Accret/Amort
Book Value: End Total Interest Income Earned
Unreal G/L
Total Income
40428HPG 1
HSBC USA Inc
Note
2.375% Due 02/13/2015
06/26/2012
06/29/2012
125,000.00
126,445.97
0.00
0.00
126,397.56
1,385.42
1,484.38
148.44
247.40
0.00
48.41
(48.41)
198.99
0.00
198.99
459200GU9 IBM Corp
Note
2% Due 01/05/2016
124,111.47
06/05/2012 0.00
06/08/2012 0.00
120,000.00 124,009.67
173.33
0.00
373.33
200.00
0.00
101.80
(101.80)
98.20
0.00
98.20
46625HHB9
JP Morgan Chase
Note
4.75% Due 05/01/2013
123,315.48 1,425.00 0.00
06/25/2012 0.00 0.00 376.48
06/28/2012 0.00 1,900.00 (376.48)
120,000.00 122.939.00 475.00 98.52
0.00
98.52
594918AG9
Microsoft
Note
1.625% Due 09/25/2015
128, 785.13 710.94 0.00
06/27/2012 0.00 0.00 102.03
06/29/2012 0.00 880.21 (102.03)
125,000.00 128,683.10 169.27 67.24
0.00
67.24
713448BX5
Pepsico Inc.
Note
0.75% Due 03/05/2015
124,746.95 380.21 8.29
06/05/2012 0.00 0.00 0.00
06/08/2012 0.00 458.33 8.29
125,000.00 124,755.24 78.12 86.41
0.00
86.41
74005PAQ7
Praxair
Note
5.25% Due 11/15/2014
126,828.87 1,274.58 0.00
06/26/2012 0.00 0.00 438.63
06/29/2012 0.00 1,777.71 (438.63)
115,000.00 126,390.24 503.13 64.50
0.00
64.50
91159HGY0
US Bancorp
Callable Note Cont 8/13/13
1.375% Due 09/13/2013
201,761.17 1,054.17 0.00
06/25/2012 0.00 0.00 144.82
06/28/2012 0.00 1,283.33 (144.82)
200,000.00 201,616.35 229.16 84.34
0
84
912828LR9
US Treasury
Note
1.375% Due 10/15/2012
06/14/2012
06/15/2012
200,000.00
200,514.31
0.00
0.00
200,301.73
811.48
0.00
1,044.40
232.92
0.00
212.58
(212.58)
20.34
0
20
912828MB3
US Treasury
Note
1.125% Due 12/15/2012
200,725.24 288.93 0.00
06/22/2012 0.00 0.00 165.31
06/25/2012 0.00 479.51 (165.31)
200,000.00 200,559.93 190.58 25.27
0
25
912828NN6
US Treasury
Note
1% Due 07/15/2013
201,430.05 92.39 0.00
06/22/2012 0.00 0.00 127.39
06/22/2012 0.00 260.87 (127.39)
200,000.00 201,302.66 168.48 41.09
9Z :30b'd 13>I0Vid
0.00
41.09
912828NV8
US Treasury
Note
1.25% Due 08/31/2015
200,200.32 1,020.04 0.00
06/06/2012 0.00 1,218.75 143.30
06/07/2012 0.00 6.73 (143.30)
195,000.00 200,057.02 205.44 62.14
0.00
62.14
anther Asset Management - CONFIDENTIAL
iA
Page 11 Execution Time: 9/5/2012 11:48:32 AM
`' City of San Jacinto, Californi
all Account#10167
Income Earned
7/31/12 Thru 8/31/12
CUSIP Security Description
Trade Date Book Value: Begin Prior Accrued Accr. Of Discount
Settle Date Book Value: Acq Inc. Received Amort. Of Premium
Units Book Value: Disp Ending Accrued Net Accret/Amort
Book Value: End Total Interest Income Earned
Unreal G/L
Total Income
912828PB0
US Treasury
Note
0.5% Due 10/15/2013
06/20/2012
06/20/2012
200,000.00
200,564.02
0.00
0.00
200,524.28
295.08
0.00
379.78
84.70
0.00
39.74
(39.74)
44.96
0.00
44.96
912828PE4
US Treasury
Note
1.25% Due 10/31/2015
199,976.60
06/07/2012 0.00
06/08/2012 0.00
195,000.00 199,846.52
616.00
0.00
821.33
205.33
0.00
130.08
(130.08)
75.25
0.00
75.25
rn 28P07
Z
ri
rn
US Treasury
Note
1% Due 01/15/2014
201,998.26 92.39 0.00
06/25/2012 0.00 0.00 116.44
06/26/2012 0.00 260.87 (116.44)
200,000.00 201,881.82 168.48 52.04
0.00
52.04
28PZ7
US Treasury
Note
1.25% Due 03/15/2014
06/14/2012
06/15/2012
195,000.00
197,985.31
0.00
0.00
197,828.72
920.69
0.00
1,126.02
205.33
0.00
156.59
(156.59)
48.74
0.00
48.74
1BET3 Wells Fargo Corp
Note
3.75% Due 10/01/2014
126,335.68 1,500.00 0.00
06/26/2012 0.00 0.00 248.30
06/29/2012 0.00 1,875.00 (248.30)
120,000.00 126,087.38 375.00 126.70
0.00
126.70
w00.24AE0 Wyeth
Note
5.5% Due 02/01/2014
123,355.92 3,162.50 0.00
06/06/2012 0.00 3,162.50 471.83
06/11/2012 0.00 527.08 (471.83)
115,000.00 122.884.09 527.08 55.25
0.00
55.25
9,530,907.05
221,392.60
195,000.00
TOTAL Fixed Income 9,285,000.00 9,543,183.91
58,671.55
23,550.77
52,564.97
17,444.19
13.23
14,128.97
(14,115.74)
3,328.45
0
3,328
Cash & Equivalent
31846V203 First American
Govt Obligation Fund
14,548.13 0.00 0.00
Various 219,548.03 1.15 0.00
Various 223,326.88 0.00 0.00
10, 769.28 10, 769.28 1.15 1.15
0
36959HKR7
General Electric Capitial Corp
Discount CP
0.24% Due 10/25/2012
199,886.67 0.00 41.33
06/27/2012 0.00 0.00 0.00
06/27/2012 0.00 0.00 41.33
200,000.00 199,928.00 0.00 41.33
LZ :30b'd 13>I0Vid
0.00
41.33
89233GJR8
Toyota Motor Credit
Discount CP
0.19% Due 09/25/2012
199,941.94 0.00 32.73
06/27/2012 0.00 0.00 0.00
06/27/2012 0.00 0.00 32.73
200,000.00 199,974.67 0.00 32.73
0.00
32.73
Chandler Asset Management - CONFIDENTIAL
Page 12 Execution Time: 9/5/2012 11:48:32 AM
City of San Jacinto, Californi
Account #10167
Income Earned
7/31/12 Thru 8/31/12
CUSIP Security Description
Trade Date Book Value: Begin Prior Accrued Accr. Of Discount
Settle Date Book Value: Acq Inc. Received Amort. Of Premium
Units Book Value: Disp Ending Accrued Net Accret/Amort
Book Value: End Total Interest Income Earned
Unreal G/L
Total Income
TOTAL Cash & Equivalent
410,769.28
414,376.74
219,548.03
223,326.88
410,671.95
0.00
1.15
0.00
1.15
74.06
0.00
74.06
75.21
0.00
75.21
TOTAL PORTFOLIO
9,695,769.28
9,945,283.79
440,940.63
418,326.88
9,953,855.86
58,671.55
23,551.92
52,564.97
17,445.34
87.29
14,128.97
(14,041.68)
3,403.66
0.00
3,403.66
8Z 3J`dd 13NOVd
*ndler Asset Management - CONFIDENTIAL
A
Page 13 Execution Time: 9/5/2012 11:48:32 AM
City of San Jacinto, Californi
Account#10167
Cash Flow Report
From 08/31/2012
Transaction
Payment Date Type
CUSIP Quantity Security Description Principal Amount Income Total Amount
£.Vt W31I VdN39V
09/03/2012 Interest
09/05/2012 Interest
09/08/2012 Interest
09/11/2012 Interest
09/13/2012 Interest
09/13/2012 Interest
09/13/2012 Interest
09/15/2012 Interest
09/25/2012 Interest
09/25/2012 Maturity
09/27/2012 Interest
24422ERA9
713448BX5
3137EADCO
3133XXP43
31398AVZ2
191216AX8
91159HGY0
912828PZ7
594918AG9
89233GJR8
3137EABS7
120,000.00 John Deere Capital Corp Note
1.6% Due 3/312014
125,000.00 Pepsico Inc. Note
0.75% Due 3/5/2015
220,000.00 FHLMC Note
1 % Due 3/8/2017
270,000.00 FHLB Note
3.125% Due 3/11/2016
285,000.00 FNMA Note
2.75% Due 3/13/2014
125,000.00 Coca Cola Company Note
0.75% Due 3/13/2015
200,000.00 US Bancorp Callable Note Cont 8/13/13
1.375% Due 9/13/2013
195,000.00 US Treasury Note
1.25% Due 3/15/2014
125,000.00 Microsoft Note
1.625% Due 9/25/2015
200,000.00 Toyota Motor Credit Discount CP
0.19% Due 9/25/2012
190,000.00 FHLMC Note
4.125% Due 9/27/2013
0.00 960.00
0.00 468.75
0.00 1,100.00
0.00 4,218.75
0.00 3.918.75
0.00 466.15
0.00 1,375.00
0.00 1,218.75
0.00 1,015.63
200,000.00 0.00
0.00 3,918.75
960.00
468.75
1,100.00
4,218.75
3,918.75
466.15
1,375.00
1,218.75
1,015.63
200,000.00
3,918.75
Sep 2012
10/01/2012 Interest 94974BET3 120,000.00 Wells Fargo Corp Note 0.00 2,250.00 2,250.00
3.75% Due 10/1/2014
10/15/2012 Interest 278642AB9 125,000.00 Ebay Inc Note 0.00 1,015.63 1,015.63
1.625% Due 10/15/2015
10/15/2012 Interest 912828PB0 200,000.00 US Treasury Note 0.00 500.00 500.00
0.5% Due 10/15/2013
10/15/2012 Maturity 912828LR9 200,000.00 US Treasury Note 200,000.00 1,375.00 201,375.00
1.375% Due 10/15/2012
10/18/2012 Interest 3133XSAE8 190,000.00 FHLB Note 0.00 3,443.75 3,443.75
3.625% Due 10/18/2013
10/23/2012 Interest 3137EACB3 190,000.00 FHLMC Note 0.00 2,375.00 2,375.00
2.5% Due 4/23/2014
10/25/2012 Maturity 36959HKR7 200,000.00 General Electric Capitial Corp Discount CP 200,000.00 0.00 200,000.00
0.24% Due 10/25/2012
10/31/2012 Interest 912828PE4 195,000.00 US Treasury Note 0.00 1,218.75 1,218.75
1.25% Due 10/31/2015
200,000.00
18,660.53 218,660.53
Oct 2012 400,000.00 12,178.13 412,178.13
6Z :30b'd 13)IOVd
Chandler Asset Management - CONFIDENTIAL
Page 14 Execution Time: 9/5/2012 11:48:32 AM
ik City of San Jacinto, Californi
Account#10167
Cash Flow Report
From 08/31/2012
Transaction
Payment Date Type
CUSIP Quantity Security Description Principal Amount Income Total Amount
11 /01 /2012 Interest
11/07/2012 Interest
11/15/2012 Interest
11/15/2012 Interest
11/15/2012 Interest
11/15/2012 Maturity
11/16/2012 Interest
11/27/2012 Interest
11/27/2012 Interest
11/28/2012 Interest
46625HHB9
31398AJ94
3134A4UK8
74005PAQ7
31398AXJ6
3133MTZL5
31331J2S1
3135G0KM4
3137EACT4
313373JR4
120,000.00 JP Morgan Chase Note
4.75% Due 5/1/2013
295,000.00 FNMA Note
1.75% Due 5/7/2013
190,000.00 FHLMC Note
4.875% Due 11/15/2013
115,000.00 Praxair Note
5.25% Due 11/15/2014
290,000.00 FNMA Note
2.5% Due 5/15/2014
200,000.00 FHLB Note
4.5% Due 11/15/2012
290,000.00 FFCB Note
1.5%Due 11/16/2015
200,000.00 FNMA Note
0.5% Due 5/27/2015
180,000.00 FHLMC Note
2.5% Due 5/27/2016
290,000.00 FHLB Note
1.375% Due 5/28/2014
0.00 2,850.00
0.00 2,581.25
0.00 4,631.25
0.00 3,018.75
0.00 3.625.00
200,000.00 4,500.00
0.00 2,175.00
0.00 500.00
0.00 2,250.00
0.00 1,993.75
2,850.00
2,581.25
4,631.25
3,018.75
3,625.00
204,500.00
2,175.00
500.00
2,250.00
1,993.75
Nov 2012 200,000.00 28,125.00 228,125.00
12/15/2012 Maturity 912828MB3 200,000.00 US Treasury Note 200,000.00 1,125.00 201,125.00
1.125% Due 12/15/2012
12/16/2012 Interest 31331VGU4 250,000.00 FFCB Note 0.00 6,093.75 6,093.75
4.875% Due 12/16/2015
12/21/2012 Interest 3133XXYX9 200,000.00 FHLB Note 0.00 1,875.00 1,875.00
1.875% Due 6/21/2013
12/25/2012 Interest 31331JPK3 200,000.00 FFCB Note 0.00 1,375.00 1,375.00
1.375% Due 6/25/2013
12/27/2012 Interest 3135G0BJ1 195,000.00 FNMA Note 0.00 1,096.88 1,096.88
1.125% Due 6/27/2014
12/27/2012 Interest 313371UC8 200,000.00 FHLB Note 0.00 875.00 875.00
0.875% Due 12/27/2013
Dec 2012 200,000.00 12,440.63 212,440.63
01/05/2013 Interest
01/07/2013 Interest
459200GU9 120,000.00 IBM Corp Note
2% Due 1/5/2016
3137EABX6 190,000.00 FHLMC Note
2.5% Due 1/7/2014
0.00 1,200.00 1,200.00
0.00 2,375.00 2,375.00
Jan 2013 400,000.00 11,300.00 411,300.00
OE :30b'd 13>I0Vd
anther Asset Management - CONFIDENTIAL
i1f_1
Page 15 Execution Time: 9/5/2012 11:48:32 AM
p City of San Jacinto, Californi
Account#10167
Cash Flow Report
From 08/31/2012
Transaction
Payment Date Type
CUSIP Quantity Security Description Principal Amount Income Total Amount
£.Vt W31I VdN39V
01/09/2013 Maturity
01/15/2013 Interest
01/15/2013 Interest
01/16/2013 Maturity
01/28/2013 Interest
3137EACG2
912828PQ7
912828NN6
3133XW7L7
3137EACD9
200,000.00 FHLMC Note
1.375% Due 1/9/2013
200,000.00 US Treasury Note
1%Due 1/15/2014
200,000.00 US Treasury Note
1% Due 7/15/2013
200,000.00 FHLB Note
1.5%Due 1/16/2013
190,000.00 FHLMC Note
3% Due 7/28/2014
200,000.00
0.00
0.00
200,000.00
0.00
1,375.00
1,000.00
1,000.00
1,500.00
2,850.00
201,375.00
1,000.00
1,000.00
201,500.00
2,850.00
Jan 2013
02/01/2013 Interest 983024AE0 115,000.00 Wyeth Note
5.5% Due 2/1/2014
400,000.00
11,300.00 411,300.00
0.00 3.162.50 3,162.50
02/05/2013 Interest 31398AVD1 285,000.00 FNMA Note 0.00 3,918.75 3,918.75
2.75% Due 2/5/2014
02/13/2013 Interest 40428HPG1 125,000.00 HSBC USA Inc Note 0.00 1,484.38 1,484.38
2.375% Due 2/13/2015
02/15/2013 Interest 084664BG5 185,000.00 Berkshire Hathaway Note 0.00 4,625.00 4,625.00
5% Due 8/15/2013
02/21/2013 Maturity 31331JBV4 200,000.00 FFCB Note 200,000.00 1,750.00 201,750.00
1.75% Due 2/21 /2013
02/25/2013 Interest 3137EACW7 190,000.00 FHLMC Note 0.00 1,900.00 1,900.00
2% Due 8/25/2016
02/27/2013 Interest 31331KAH3 200,000.00 FFCBNote 0.00 1,125.00 1,125.00
1.125% Due 2/27/2014
02/28/2013 Interest 912828NV8 195,000.00 US Treasury Note 0.00 1,218.75 1,218.75
1.25% Due 8/31/2015
Feb 2013
03/03/2013 Interest 24422ERA9 120,000.00 John Deere Capital Corp Note
1.6% Due 3/3/2014
03/05/2013 Interest 713448BX5 125,000.00 Pepsico Inc. Note
0.75% Due 3/5/2015
03/08/2013 Interest 3137EADCO 220,000.00 FHLMC Note
1% Due 3/8/2017
03/11/2013 Interest 3133XXP43 270,000.00 FHLB Note
3.125% Due 3/11/2016
03/13/2013 Interest 31398AVZ2 285,000.00 FNMA Note
2.75% Due 3/13/2014
200,000.00
19,184.38 219,184.38
0.00 960.00 960.00
0.00 468.75 468.75
0.00 1,100.00 1,100.00
0.00 4,218.75 4,218.75
0.00 3,918.75 3,918.75
Mar2013 0.00 18,663.13 18,663.13
1.£ :30b'd 13)IO`dd
Chandler Asset Management - CONFIDENTIAL
Page 16 Execution Time: 9/5/2012 11:48:32 AM
City of San Jacinto, Californi
Account#10167
Cash Flow Report
From 08/31/2012
Transaction
Payment Date Type
CUSIP Quantity Security Description Principal Amount Income Total Amount
03/13/2013 Interest
03/13/2013 Interest
03/15/2013 Interest
03/25/2013 Interest
03/27/2013 Interest
91159HGY0
191216AX8
912828PZ7
594918AG9
3137EABS7
200,000.00 US Bancorp Callable Note Cont 8/13/13
1.375% Due 9/13/2013
125,000.00 Coca Cola Company Note
0.75% Due 3/13/2015
195,000.00 US Treasury Note
1.25% Due 3/15/2014
125,000.00 Microsoft Note
1.625% Due 9/25/2015
190,000.00 FHLMC Note
4.125% Due 9/27/2013
0.00
0.00
0.00
0.00
0.00
1,375.00
468.75
1,218.75
1,015.63
3.918.75
1,375.00
468.75
1,218.75
1,015.63
3,918.75
Mar 2013 0.00 18,663.13 18,663.13
04/01/2013 Interest 94974BET3 120,000.00 Wells Fargo Corp Note 0.00 2,250.00 2,250.00
3.75% Due 10/1/2014
04/15/2013 Interest 278642AB9 125,000.00 Ebay Inc Note 0.00 1,015.63 1,015.63
1.625% Due 10/15/2015
04/15/2013 Interest 912828PB0 200,000.00 US Treasury Note 0.00 500.00 500.00
0.5% Due 10/15/2013
04/18/2013 Interest 3133XSAE8 190,000.00 FHLB Note 0.00 3,443.75 3,443.75
3.625% Due 10/18/2013
04/23/2013 Interest 3137EACB3 190,000.00 FHLMC Note 0.00 2,375.00 2,375.00
2.5% Due 4/23/2014
04/30/2013 Interest 912828PE4 195,000.00 US Treasury Note 0.00 1,218.75 1,218.75
1.25% Due 10/31/2015
Apr 2013
05/01/2013 Maturity 46625HHB9 120,000.00 JP Morgan Chase Note 120,000.00 2,850.00 122,850.00
4.75% Due 5/1/2013
05/07/2013 Maturity 31398AJ94 295,000.00 FNMA Note 295,000.00 2,581.25 297,581.25
1.75% Due 5/7/2013
05/15/2013 Interest 31398AXJ6 290,000.00 FNMA Note 0.00 3,625.00 3,625.00
2.5% Due 5/15/2014
05/15/2013 Interest 74005PAQ7 115,000.00 Praxair Note 0.00 3,018.75 3,018.75
5.25% Due 11/15/2014
05/15/2013 Interest 3134A4UK8 190,000.00 FHLMC Note 0.00 4,631.25 4,631.25
4.875% Due 11/15/2013
05/16/2013 Interest 31331J2S1 290,000.00 FFCBNote 0.00 2,175.00 2,175.00
1.5% Due 11/16/2015
05/27/2013 Interest 3135G0KM4 200,000.00 FNMA Note 0.00 500.00 500.00
0.5% Due 5/27/2015
0.00 10,803.13 10,803.13
May 2013 415,000.00 23,625.00 438,625.00
ZE :30b'd 13)IOVd
anther Asset Management - CONFIDENTIAL
i1f_1
Page 17 Execution Time: 9/5/2012 11:48:32 AM
City of San Jacinto, Californi
Account#10167
Cash Flow Report
From 08/31/2012
Transaction
Payment Date Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
05/27/2013 Interest
05/28/2013 Interest
3137EACT4
313373JR4
180,000.00 FHLMC Note
2.5% Due 5/27/2016
290,000.00 FHLB Note
1.375% Due 5/28/2014
0.00
0.00
2,250.00
1,993.75
2,250.00
1,993.75
£.Vt IN31I V N39V
May 2013
06/16/2013 Interest
06/21/2013 Maturity
06/25/2013 Maturity
06/27/2013 Interest
06/27/2013 Interest
31331VGU4
3133XXYX9
31331JPK3
3135G0BJ1
313371UC8
250,000.00 FFCB Note
4.875% Due 12/16/2015
200,000.00 FHLB Note
1.875% Due 6/21/2013
200,000.00 FFCB Note
1.375% Due 6/25/2013
195,000.00 FNMA Note
1.125% Due 6/27/2014
200,000.00 FHLB Note
0.875% Due 12/27/2013
415,000.00
0.00
200,000.00
200,000.00
0.00
0.00
23,625.00
6,093.75
1,875.00
1,375.00
1,096.88
875.00
438,625.00
6,093.75
201,875.00
201,375.00
1,096.88
875.00
Jun 2013
07/05/2013 Interest
07/07/2013 Interest
07/15/2013 Interest
07/15/2013 Maturity
07/28/2013 Interest
459200GU9
3137EABX6
912828PQ7
912828NN6
3137EACD9
120,000.00 IBM Corp Note
2% Due 1/5/2016
190,000.00 FHLMC Note
2.5% Due 1/7/2014
200,000.00 US Treasury Note
1% Due 1/15/2014
200,000.00 US Treasury Note
1% Due 7/15/2013
190,000.00 FHLMC Note
3% Due 7/28/2014
400,000.00
0.00
0.00
0.00
200,000.00
0.00
11,315.63
1,200.00
2,375.00
1,000.00
1,000.00
2,850.00
411,315.63
1,200.00
2,375.00
1,000.00
201,000.00
2,850.00
Jul 2013
08/01/2013 Interest
08/05/2013 Interest
08/13/2013 Call
08/13/2013 Interest
08/15/2013 Maturity
08/25/2013 Interest
983024AE0
31398AVD1
91159HGY0
40428HPG1
084664BG5
3137EACW7
115,000.00 Wyeth Note
5.5% Due 2/1/2014
285,000.00 FNMA Note
2.75% Due 2/5/2014
200,000.00 US Bancorp Callable Note Cont 8/13/13
1.375% Due 9/13/2013
125,000.00 HSBC USA Inc Note
2.375% Due 2/13/2015
185,000.00 Berkshire Hathaway Note
5% Due 8/15/2013
190,000.00 FHLMC Note
2% Due 8/25/2016
200,000.00
0.00
0.00
0.00
0.00
185,000.00
0.00
8,425.00
3,162.50
3,918.75
1,145.83
1,484.38
4,625.00
1,900.00
208,425.00
3,162.50
3,918.75
1,145.83
1,484.38
189,625.00
1,900.00
Aug 2013
185,000.00
18,580.21
203,580.21
££ :30b'd 13)IO`dd
Chandler Asset Management - CONFIDENTIAL
Page 18 Execution Time: 9/5/2012 11:48:32 AM
CA%
City of San Jacinto, Californi
Account #10167
Cash Flow Report
From 08/31/2012
Transaction
Payment Date Type
CUSIP
Quantity
Security Description
Principal Amount
Income
Total Amount
08/27/2013 Interest
08/31/2013 Interest
31331KAH3
912828NV8
200,000.00 FFCB Note
1.125% Due 2/27/2014
195,000.00 US Treasury Note
1.25% Due 8/31/2015
0.00
0.00
1,125.00
1,218.75
1,125.00
1,218.75
Aug 2013
185,000.00
18,580.21
203,580.21
Total
2,800,000.00
193,300.77
2,993,300.77
17C 3Jbd 13)IJbd
andler Asset Management - CONFIDENTIAL Page 19
Execution Time: 9/5/2012 11:48:32 AM
5C ]Jb'd 1]>10dd
City of San Jacinto
August 31, 2012
Assets managed by Chandler Asset Management are in full compliance with State law and with the City's
investment policy.
Category
Standard
Comment
Treasury Issues
No Limitation
Complies
Agency Issues
No Limitation
Complies
Commercial Paper
15% maximum; <270 days maturity; A-1
rated equivalent by at least two NRSROs
Complies
Negotiable Certificates of Deposit
30% maximum; A rated equivalent by at
least two NRSROs
Complies
Medium Term Notes
20% maximum; A rated equivalent by at
least two NRSROs
Complies
Money Market Mutual Funds
18% maximum; rated equivalent by at
least two NRSROs
Complies
Local Agency Investment Fund - L.A.I.F.
Currently not used by investment adviser
Complies
Prohibited Securities
Inverse floaters: Ranges notes, Interest-
only strips from mortgaged backed
securities; Zero interest accrual securities
Complies
Maximum maturity
5 years
Complies
£'H£ W31I VaN3JV
AGENDA ITEM 3A.4
October 2, 2012
TO: The Honorable Mayor and Members of the City Council
FROM: Rick Miller, City Clerk
SUBJECT: Minutes of the Joint Meeting with City of Hemet - August 21, 2012
RECOMMENDATION:
Staff recommends that the city council, by motion, approve the minutes of the joint
meeting with the City of Hemet from August 21, 2012.
ATTACHMENTS
• Draft Minutes of the August 21, 2012 — Special Joint Meeting
PACKET PAGE: 37
AGENDA ITEM 3A.4
MINUTES
JOINT SPECIAL MEETING OF THE SAN JACINTO CITY COUNCIL
AND THE HEMET CITY COUNCIL
AUGUST 21, 2012 6:00 p.m.
300 W. First Street
San Jacinto, California 92583
1. ORGANIZATION
1.1 Call to Order
San Jacinto Mayor Andrew Kotyuk called the special meeting of the San
Jacinto City Council and the Hemet City Council to order at 6:17 p.m.
1.2 Roll Call
City of Hemet
Present: Council Members Foreman, Krupa, Smith, Mayor Youssef
Absent: Council Member Epps
M/S/C (Smith/Krupa) moved to excuse the absence of Council Member Epps.
Motion carried 5/0.
Ayes: Foreman, Krupa, Smith, Youssef
Nays: None
Absent: Epps
Abstain: None
City of San Jacinto
Present: Council Members Bartel, Di Memmo, Ledezma, Vice Mayor
Kotyuk, Mayor Miller
Absent: None
1.3 Invocation
Nick Smith gave the invocation.
1.4 Pledge of Allegiance
Cub Scout Pack 46 led the Pledge of Allegiance
San Jacinto Mayor Kotyuk thanked everyone for attending the meeting regarding safety
in San Jacinto Valley. It is amazing to see the energy and participation in the
community come together, We are currently in a state of crisis in the community
PACKET PAGE: 39
AGENDA ITEM 3A.4
Joint City of San Jacinto. City of Hemet
Council Minutes
August 21, 2012
Page 2 of 11
because of the issues. He spoke of growing up in the community and how safe and
secure it was. There was a tourism industry that attracted the right kind of people to the
community. America is under attack and California is faltering which results in record
breaking foreclosures, unemployment, and a huge influx of criminals in our community.
We are here tonight to talk about public safety, cleaning up neighborhoods, force out
the bad elements and to plan for tomorrow and turn the valley around. You are all here
to be heard and to make a difference. He thanked San Jacinto Assembly for hosting
this event.
A short video was shown.
San Jacinto Mayor Kotyuk recessed for ten minutes at 6:36 p.m. for groups to choose
speakers for their topics. The meeting was reconvened at 6:50 p.m.
San Jacinto Assistant City Manager Mike Emberton gave a brief presentation and spoke about
the City of San Jacinto. He attended the last meeting and was impressed with the enthusiasm
and the will to change the valley. He introduced Captain Scott Collins of the Riverside County
Sheriffs Department to speak about San Jacinto public safety.
Captain Collins spoke on the Sheriffs Department and reported the 5 year crime statistics from
2007 through 2011. The City's population grew from 35,491 in 2007 to 44,803 in 2011. Violent
Crime is down for the five years and Property Crime is up. It is difficult to say how many officers
are needed and there is always a greater demand for services along with funding issues. He
reviewed the San Jacinto Police Department Staffing and the Current and Proposed Programs:
SJPD - Special Enforcement Team. Anti -Graffiti Programs. ABC Compliance Programs,
Citizens Patrol, Safe Parks Programs, Traffic & DUI Programs, Bicycle Safety, and Bait Car
Program. Regional — Gang Task Force. Sex Registrant Compliance (SAFE). Warrant Sweeps,
Parole Sweeps, Probation Sweeps. and Narcotics Enforcement. He spoke of the volunteer
program and asked anyone who wanted to get involved to speak with the volunteers at the table
outside. The entire presentation is on file with the City Clerk's office.
San Jacinto Assistant City Manager Emberton discussed the ROC's Program and addressed
the many issues in conjunction with the City of Hemet. He spoke about Code Enforcement,
Park Surveillance, Neighborhood Lighting Projects. Graffiti and Community Partnerships. Some
of the Ordinances that the City of San Jacinto is teaming with the City of Hemet via the ROC's
Program such as: Prohibition of Medical Marijuana Dispensaries, Regulation of Shopping Carts,
Sex Offender Location Restrictions, Sex Offender Residency Restrictions, Interim Moratorium
on Smoke Shops & Hookah Lounges. Drug and Gang related Crime on Residential Property.
Abatement of Chronic Nuisance Properties, Boarding Houses and Group Homes With
Reasonable Accommodation'. He spoke of a Receivership Program designed to address
derelict, delinquent properties by out-of-town owners. In the near future, the city will be rolling
out its plan "the Safe and Ready Commission" to unite neighborhoods (via people working
together) for crime prevention and preparedness in case of disaster. The entire presentation is
on file with the City Clerk's office.
Hemet Interim City Manager Mark Orme spoke about the City of Hemet and thanked everyone
for being in attendance. He called Hemet Police Chief Dave Brown to the podium.
City of Hemet Police Chief Dave Brown spoke about crime in the City of Hemet. He thanked
everyone for their commitment and the drive for their community. He said we can't police the
PACKET PAGE: 40
Joint ayef sar' AGENDA ITEM MA
August 21, 2012
Page 3 of 11
community without the community. Supervisor Jeff Stone asked the Mayors of both cities to join
him with Captain Collins and Chief Brown to meet. He challenged them to find a project and he
would commit public resources toward it. What impressed him was that the Supervisor and
both Mayor's turned to their law enforcement professionals and said YOU tell me what needs to
be done and we will help you". One of the things getting done in the valley is the joint Gang
Task Force. He said the City Council of Hemet had the opportunity to get a Federal Grant that
would increase the number of officers in the City of Hemet. He has ten police officer positions
that he is authorized to fill, in part because of questions from the last meeting. He said he is
looking forward to working with the community to move forward with some of the issues raised.
Hemet Interim City Manager Orme spoke about Hemet ROC's. It is the hallmark of where the
city needs to be. This type of program makes people come out and what to help. He said that
half of the City Ordinances in Hemet are about done and more to go. He said if the community
would like to have any Input there is a Hemet ROC's Committee meeting every month. The
next one is this Thursday the 23'd at the library.
Riverside County Supervisor Jeff Stone introduced officials several different county agencies.
There are 18,000 county employees that work very hard to deliver services under very
challenging circumstances. He listed the services that the county is mandated by the state to
provide. The services are as follows: Cal Works, Adult and Child Protective Services, Drug and
Alcohol Abuse Services, Cal Fresh (food stamps), Foster Care, In Home Supportive Services,
Medical Care Services, Public Health (Women, Infants and Children) WIC, Social Services,
Mental Health, Housing Authority, Work Force Development, Sheriff, Intervention Prevention
and Transportation. He reviewed each topic. It is advantageous for the two cities to work
together harmoniously. The Valley Congress has been formed and he said he is proud of the
working relationship that he has with his 10 public official partners. Wth the recent incident of
crime and as a result of the public comments from the meeting last week it is clear that the
community is asking Its leaders for serious change and direction. There are several undesirable
factors that hinder a city's ability to enhance the quality of life for its citizens. Serious changes
will be addressed after hearing the questions tonight. Changes will need to be made such as
stopping low land values that was created in the housing boom which caused real estate values
to escalate to unrealistic levels. Resources need to be put together to have comprehensive
Code Enforcement to get rid of boarded up homes and get the squatters out of the vacant
homes. There are innovative programs at the county such as the Sexual Predator Internet
Decoy Enforcement in Riverside County "SPIDER" Program which is a comprehensive
online way to go after sexual predator's to insure they are not going after our kids. These are
challenging times economically and the only way to do what needs to be done is to combine
resources, both personnel and financially_ He said he has made an offer to provide substantial
resources to work collectively with the mayors and the city council through this coming year. It
is in partnership with the public and neighborhood watches need to be formed that will help take
this valley back.
2.0 PUBLIC COMMENTS
None
PACKET PAGE: 41
AGENDA ITEM 3A.4
Joint City of San Jacinto. City of Hemet
Council Minutes
August 21, 2012
Page 4 of 11
3. WORK STUDY SESSION
3.1 San Jacinto Valley Public Safety Concems
Interactive discussion with citizens and Cities of Hemet, San Jacinto and
Supervisor Stone regarding public safety concerns within the San Jacinto
Valley, with possible direction to staff.
San Jacinto Mayor Kotyuk explained that each speaker would be given two
minutes. If someone wished to give their two minutes to another speaker
to please indicate that on the request to speak slips.
Public Comments
• Nicole Tamez, 125 Ibiza Ln, Hemet spoke about student safety in crossing
streets.
• Seth Weinger spoke about public safety issues and combining resources.
• Bill Farley 1930 Calle Pasito Hemet likes this valley but does not feel safe,
he spoke about violence.
• David Christian, 890 Verona, Ave, San Jacinto commented that he is
opposed additional taxes for more police and gun laws regarding concealed
weapons permits.
• Don Digby, 25080 California Ave., Hemet spoke about dividing the cities
into sections, north, south, east and west and have representatives work
with Council Members to discuss issues on specific areas.
• Patti Drusky, 615 N_ San Jacinto Ave_, Hemet spoke about educating the
community to prevent graffiti and pan handlers.
• Don Pierce, 551, N. Santa Fe St., ii140, Hemet and Sean Weidman spoke
about children's safety and sidewalks.
• Brishen Kruse, 41299 Whittier, Hemet spoke about reducing the number of
stop signs and signal lights on the major roads in and out of town to better
get to work out of town. Asked about answers from the meeting last week.
• Matthew Minor, 3291 W Florida Ave., Hemet asked for more officers and to
stop frivolous spending.
• Ray Strait, 40541 Mayberry Ave, Hemet spoke on public safety and graffiti.
He asked for streetlights and sidewalks in his area. There is a need for a
skate park.
PACKET PAGE: 42
Joint aver say AGENDA ITEM MAAugust 21, 2012
Page 5 of 11
• Lakshman Koka, 1695 San Jacinto Ave. #A, San Jacinto spoke about last
week's meeting and the need to step up and not back off the list. He also
spoke about a business watch through the Hemet, San Jacinto Valley
Chamber of Commerce.
• Jerry McCarty, 1357 Basswood Way, Hemet spoke about addressing the
jails system and keep criminals in jail.
• James Pangrazzi, 408 S. Kirby St, San Jacinto spoke about monitoring
Megans Law website and two pedophiles living across the street from San
Jacinto High School.
• Jack Lingo, 41682 Fulton, Hemet, spoke about Rudy Giuliannt's broken
window policy. Resolving small crime and it would take care of the larger
ones. The need for aggressive code Enforcement and Graffiti removal.
• Patricia Yepremian, 27361 Stanford St., Hemet, CA urged everyone to work
together to save the valley and have a great community. To bring it back to
what she has heard it was some time ago.
• Susan Watson, 2323 S. San Jacinto Ave., San Jacinto spoke about the San
Jacinto Chamber of Commerce being part of the solution and that the
councils can count on them for support.
• Wigs Mendoza. 140 E Stetson, Hemet spoke about public safety and the
need to San up the communities.
• Howard Rosenthal, Hemet -San Jacinto Action Group spoke about the
people who had spoken at the meeting tonight commenting that they
needed help and asked council to lead them.
• Paul Raver submitted a hand out to the council members. He asked the
Hemet City Council to dip into the reserve funds to pay for additional
personnel.
• John Wuerth, 40185 Vista Rd., Hemet said he lives in Diamond Valley and
asked Supervisor Stone about accountability regarding Code Enforcement.
• Hank Schmitz, Annisa Ave., Hemet asked Supervisor Stone not to run for
higher office as he knows the issues and is needed here. He spoke about
median income, homeless shelters and public safety.
• Betty Griggs, 328 S. Juanita, Hemet spoke about problems in her
neighborhood was solved with a neighborhood watch program.
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AGENDA ITEM 3A.4
Joint City of San Jacinto. City of Hemet
Council Minutes
August 21, 2012
Page 6 of 11
• Joyce Newsom, 1437 Jackson Circle, San Jacinto spoke about Code
Enforcement not doing their job and about Law Enforcement doing the best
they can with what they have.
• Jim Lineberger, Community Pantry spoke about the poor and the reality is
that they are here and the need to understand their needs.
• Lori Van Arsdale, 228 Jelly Way, Hemet said that one program that was
successful in the past was to go the parolee agency so there weren't
transfers into the valley. She thanked the volunteers who go to clean up
houses and yards in their neighborhoods and urged them to continue.
• George Kavakis spoke about blight on the streets and cars parked on
lawns.
• Margaret Panuay, 1260 Condor Way, San Jacinto spoke about absentee
landlords and the need to implement licensing or institute some type of
controls,
• Tim Schultz spoke about public safety and the economy in the valley.
• Robert Galletta spoke about rebuilding Hemet. He spoke of volunteers who
have done more than those they are speaking to. People of the valley are
tired of political agendas and broken promises. Stop talking and get to
work.
• David Harvey, 40320 Thornton Ave., Hemet spoke about what a wonderful
place this valley was to grow up in. He asked that the City of Hemet use
reserve money and hire more fire fighters and a fire chief,
• Bobbie Christie, 320 Juel Lane, Hemet said she is proud to live in Hemet.
Her husband is a fire captain in San Diego. She spoke about dispatchers
and how they know how to respond and what is an emergency.
• Howard Tounget spoke about poison in fields in San Jacinto that Agri -
Empire is placing there.
• Sheltie Milne, 1660 Elmbridge Ln., Hemet spoke about how the City of
Hemet passed on Ron Bradley. He was willing to do the job and could start
immediately. She asked why the vote went the way it did.
• Rev. James Hall, 1250 N. Kirby, Hemet works for Valley Restart and spoke
about the program. He spoke about giving bus ticket to people who have
some place to go and get them on a bus. So far, none have come back that
they know of. He asked that we do not take parolees and do not give
people money when they ask for it.
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August 21, 2012
Page 7 of 11
• Ray Fonseca, 207 S_ Harvard St, Hemet spoke about supporting teachers
in the community and keeping the children safe.
• Tom Garnella, 44625 Adobe Dr, Hemet spoke about Code Enforcement
issues with recycling sites and trash being dumped wherever people want to
leave it. Specifically a dumping area on Florida and 5th St. next door to a
bicycle shop,
San Jacinto Council Member Di Memmo left the dais at 9:45 p.m. and returned at 9:51
p.m.
• Richard Avila. 4610 Ferngreen Dr. Hemet spoke about his deep concerns
regarding a bankrupt country and the future.
San Jacinto Mayor Kotyuk said that concludes the public comment period. This is a
good showing for the community. He said there is a need to take action and asked the
members of the Valley Congress to make comments on the questions.
Supervisor Jeff Stone said one thing that is alive and well in the San Jacinto Valley is
the pride of the citizens that want their home returned to them as safe as possible. He
and the two mayors are meeting regularly and will embark on programs and take action.
Some of the ideas that need to be addressed are as follows: Regional Police Force,
Regional Fire, Code Enforcement, blight, more jail space, sex offenders and graffiti. He
said there have been discussions regarding the cities taking over the Section 8 housing.
He invited Susan Lowe, Department of Social Services to respond to question of the
cities taking over the Section 8 housing.
Susan Lowe, Department of Social Services said she would need to defer to Heidi
Marshall with the Housing Authority.
Heidi Marshall, Housing Authority said the law does not prevent the City of Hemet
taking on this responsibility. She said she met with the city council several years ago
and presented a plan that would have allowed for the transition of those vouchers.
Staffing requirements at the time prohibited it from happening at that time, It is very
costly to run the program. She said she would be happy to meet with the council again
and present it so they have the ability to make their decision.
Supervisor Stone said he is a strong advocate of local control and if there is a desire on
behalf of the cities to take Section 8 housing under their local control, he will support
that effort. He invited Mark Hake, Assistant Probation Chief to speak on Lori Van
Arsdale comments regarding limiting probationers from residing in this valley.
Mark Hake, Assistant Probation Chief spoke about the inmates that are currently being
released back to the County of Riverside under AB109. Prior to their release from
prison the probation department receives an intake packet from the state prison 120
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AGENDA ITEM 3A.4
Joint City of San Jacinto. City of Hemet
Council Minutes
August 21, 2012
Page 8 of 11
days before they are released. The packet is reviewed, and every attempt possible is
made to contact the person who they intend to live with. The terms of their release is
reviewed. Past history is reviewed and look at any indications that they may come into
contact with any previous victims or that there are other legal requirements that
preclude them from living in a particular location. Everything possible is done to ensure
that the inmate will be coming back in to an environment where they will receive some
support. The last thing that is wanted is for them to end up homeless on the streets.
He said there was a public comment with regard to a couple of sex offender homes.
The person who spoke indicated that those were AB109 funded. The County of
Riverside has not spent any money on funding any type of housing program for sex
offenders.
Supervisor Stone spoke about a County of Riverside program called Graffiti Busters.
Graffiti should come down within 24 hours of it going up, there is a truck that is
equipped to clean it up. The number that can be called for Hemet is 791-3490, if you
live outside the area the number is 866-383-2203, business cards were available. The
public should report any graffiti and he asked anyone who believes there is a sexual
registrant living where they don't belong to notify Supervisor Stone's office. He said he
would be sponsoring some community cleanups in San Jacinto and Hemet. The county
will pay for the trash bins and hazardous materials can also be disposed of.
Supervisor Stone said he heard tonight about 2o6 Amendment rights and he is a strong
advocate for it and believes in the right to bear arms for personal safety, He said this
valley and the councils are his top priority and we need to work collectively as three
governmental bodies and go after as many grants as possible. We need to think out of
the box and make bold, courageous decisions.
Hemet Mayor Youssef said it is important to know that each person on the councils live
in the city that they represent. One of the biggest issues brought up tonight was to find
a way to share resources between Riverside County, San Jacinto and the City of
Hemet. The quality of life is not acceptable and the Valley Congress has to discuss
options and make bold decisions. He said he is committed to work with Supervisor
Stone and the City of San Jacinto and start discussing some of the options, He thanked
his staff for all their hard work with the ROCS program. He is encouraged that each
member of the Valley Congress will take a bold stand and work with the members of the
community through Valley ROCS to make a difference. He urged everyone to go to the
City of Hemet's website and see what the ROCS program is about and sign up to help.
San Jacinto Mayor Kotyuk said he concurs with Supervisor Stone and Mayor Youssef
on this. We need to partner with the City of Hemet and Riverside County to find extra
capacity. While we force the bad people out of the valley we also need to partner to find
ways to bring jobs and new people into the valley. We have been partnering on the
Foreign Trade Zone, we will be in that zone together. This is something that we are
looking at to do is imports and exports for trade. Later this year we will be in that zone.
There are two ends to the budget, the bottom end where you are cutting and the top
end where you need to increase your revenues. The Government and the State are not
going to increase our revenues so we have to find ways to do it ourselves,
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Joint ay or say AGENDA ITEM 3A.4
August 21, 2012
Page 9 of 11
San Jacinto Council Member Bartel said there has been some good conversation done
tonight but we need to leave here with something that is tangible, that we can attack
right away. Let's start with an issue that everyone in the building has had issues with,
the panhandlers. Let's go out and say "not a dime more to these people. The cards
from the Kiwanis Club are a good start. Let's start handing them out and its simple.
Like Jim said we need to have compassion, but the organizations have the ability to
help these people if we just say no. We need to let the leaders in Sacramento know
that we are not happy with the early releases of the felons. We have no control over it
but we as a community need to let them know we are not happy with it. Outside on the
table are each San Jacinto City Council members business card. He encouraged
everyone to contact them if they have problems or questions. We are here to serve.
Hemet City Council Member Smith invited everyone to come to the Hemet library at
3:30 this Thursday, August 23`d so they could get an understanding of the Hemet ROCS
program. This will be the opportunity to discuss one on one with himself and Council
Member Krupa any questions or concerns about the Hemet ROCS program. Get
involved because this could be one of the game changers in the valley.
San Jacinto Vice Mayor Miller said he is encouraged that the people in attendance this
evening want to be part of the solution of making a difference in the valley. Two years
ago a meeting like this would not have happened. The two flags hanging side by side
show a new beginning in the valley. He sad we did not come here tonight to pacify you,
we came here to partner with you and move forward.
Hemet Mayor Youssef said we are committed to finding a way to share resources in the
valley. There will be many meetings to see if there is a way to combine public safety in
the valley.
San Jacinto Mayor Kotyuk said he agreed with Mayor Youssef, we need to give staff
direction to come up with the numbers to see if there is a benefit to it. He said he would
like to schedule a date for a meeting to share the outcome of those meetings with the
public. He suggested October e.
The general consensus was to give staff direction to look at JPA efficiencies and have
numbers by the last Monday in September and a meeting to be held on October 1st at
6:00 p.m, at the Hemet Public Library,
San Jacinto Council Member Ledezma thanked the San Jacinto Assembly of God
Church for hosting this meeting. He also thanked everyone in attendance for coming to
the meeting. It shows that they care about the valley,
San Jacinto Council Member Di Memmo said there are a couple of issues he would like
to advise Supervisor Stone about. The county received funding for 1000 jail beds and
one of the problems is the AB109 offenders. He said the probation department has an
extra $9M that they have not spent and he would like to see if some of the $9M in that
account can be brought to this valley to help with the public safety issues, That money
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AGENDA ITEM 3A.4
Joint City of San Jacinto. City of Hemet
Council Minutes
August 21, 2012
Page l0 of 11
is available right now. He said he believes that the Board of Supervisors should take
over the monetary issues of AB109 so they would have more perspective on the hard
dollars that are going out. Council Member Di Memmo said that Hemet Police Chief
Dave Brown wanted a task force in the valley for the AB109 offenders. A lot of Mayors
and Police Chiefs in cites in the area have signed on to help with public safety issues.
He said he would like to that happen and he will do everything within Ns power to make
it happen.
Supervisor Stone responded that he is not aware of the probation department having an
extra $9M and asked Assistant Probation Chief Mark Hake to speak about that.
Mark Hake, Assistant Probation Chief said he and Council Member Di Memmo have
had conversations about the AB109 population in the past. He said he believes the
$9M that Council Member Di Memmo is referring to is the carry-over funding from the
state allocation that has gone unspent thus far. For the first year of funding for AB109
which was a nine month period because the realignment was implemented on October
1, 2011. The state allocated approximately $21M to the County of Riverside for
services, programs and custody. The legislation also established a Community
Correction Partnership Executive Committee of seven members. It is chaired by the
Chief Probation Officer; the other members of the committee are the Court, the District
Attorney, the Sheriff, the Public Defender, Hemet Police Chief Brown representing
Police Chiefs and the Director of Mental Health. That committee is responsible in
developing and recommending and implementation plan to the Board of Supervisors for
the realignment for the entire county. They make budget recommendations to
implement the plan. Because of the short time to implement the program last year there
is still staff to be hired. This year the county is allocating approximately $43M and the
$9M is in addition, The committee is in the process of making recommendations to
modify the plan and will eventually come to Board of Supervisors with a
recommendation,
Supervisor Stone said that the state estimated that the $21M that the County of
Riverside received for a nine month period of time represented 1/3 of the cost that the
County Probation will have to undertake.
Mark Hake, Assistant Probation Chief said the funds are required to be spent on the
impact of the realignment. Last year's allocation was divided among all of the executive
committee partners. The committee will be making recommendations on this years
allocation.
San Jacinto Mayor Kotyuk said he would like staff to look at a program that was
recommended by San Jacinto City Attorney Jeff Ballinger to help communities, The
program is a online website where community members can submit projects in the
community that need to be fixed or repaired, Community service clubs can put
programs such as graffiti and clean-up programs. The community can vote on these
projects of which ones they want funded. As a community we can decide what projects
are priorities, where the money will come from and we can volunteer and organize
ourselves to do it.
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Page 11 of 11
Supervisor Stone said the common theme is that the community wants to help with the
efforts to clean up the community. He said when he was a councilman there was
something called the Citizens Volunteer Corps. Vehicles and radios were provided for
people who wanted to volunteer their time around the dock and be the eyes and the
ears of the valley. There are a lot of police cars that get retired but still have a few
years of life ahead of them. Those cars could be donated to Volunteer Citizens Corps
for the Hemet/San Jacinto Valley. I will have a dramatic effect on the community and is
a way of augmenting the cost of public safety.
4. ADJOURNMENT
With no further business before the Hemet City Council and San Jacinto City
Council, the meeting was adjourned at 10:40 p.m.
ATTEST:
Richard Miller, City Clerk
City of San Jacinto
Andrew F. Kotyuk, Mayor
Approved as read.
Approved as amended.
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AGENDA ITEM 3A.5
October 2, 2012
TO: The Honorable Mayor and Members of the City Council
FROM: Rick Miller, City Clerk
SUBJECT: Minutes of September 18, 2012 - Regular Meeting
RECOMMENDATION:
Staff recommends that the city council, by motion, approve the minutes of the
September 18, 2012, regular meeting.
ATTACHMENTS
• Draft Minutes of the September 18, 2012 — Regular Meeting
PACKET PAGE: 51
AGENDA ITEM 3A.5
ACTION MINUTES
JOINT REGULAR MEETING
OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO
THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY
September 18, 2012 7:00 p.m.
625 S. Pico Ave
San Jacinto Community Center, San Jacinto, California 92583
1. ORGANIZATION
1.1 Call to Order
Mayor Andrew Kotyuk called the regular meeting of the San Jacinto City
Council and the Successor Agency to the City of San Jacinto
Redevelopment Agency to order at 7:01 p.m.
1.2 Roll Call
Present: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Absent: None
13 Invocation
Pastor Peter Edwards gave the invocation.
1.4 Pledge of Allegiance
Council Member Alonzo Ledezma led the Pledge of Allegiance.
1.5 Special Presentations
1.5.1 Introduction of New Fire Chief
Chief David Fulcher commented that Charlie De Hart was not
available, due to a death in the family. Chief Fulcher said that
working here in San Jacinto has been an extreme pleasure.
1.5.2 Presentation by Coalition for Affordable Street Lights
City Engineer Habib Motlagh spoke briefly about the Coalition for
Affordable Street Lights and introduced Candace Cassel from City of
Moreno Valley.
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AGENDA ITEM 3A.5
Ms Cassel gave a brief presentation on the Coalition for Affordable
Street Lights. The presentation is on file with the City Clerk's office.
2. PUBLIC COMMENTS:
Howard Tounget spoke about poison that a local farmer has been putting on
fields in the city. There are seven locations that the farmer needs to register
but has not done it. On the applications there is no APN number, owners name
or signature of approval. These locations are next to parks and there are no
restrictions,
Patti Drusky Hemet/San Jacinto Valley Regional Chamber of Commerce spoke
about the Chamber's interest in help to rebuild the valley. A business watch
program has been started and has had their first meeting at Wal-Mart with 25 to
30 people in attendance, The next meeting will be September 25, 2012 at the
San Jacinto Community Center at 2:00 p.m. The Hispanic division of the
Chamber has been delivering flyers to businesses. Ms Drusky distributed flyers
to the council. She added that she would like to see the concept grow
throughout the valley.
James Pangrazzi, 408 S. Kirby St., San Jacinto spoke about issues of traffic
control and commented that this is the 2n0 anniversary of the situation at
Cottonwood and Kirby. In 2000, the neighbors asked the Council to work on
traffic issues including traffic enforcement, Speed bumps were installed but no
traffic enforcement, In 2012 Lt. Tyler provided traffic enforcement, He asked
Police Chief Sue Trevino to pass on this thanks to Lt. Tyler and added that he
appreciates the work Chief Trevino has done as well.
3. CONSENT CALENDAR
3A CONSENT CALENDAR — CITY COUNCIL
3A.1 Waiver of Full Reading of Ordinance(s), and Reading by Title Only /
Approve / City Clerk, City Attorney
3A.2 Continuance of the Proclamation of the Local State of Emergency
due to the Severe Winter Storms that began on December 17, 2010
/ Approve / City Manager
3A.3 Warrants and Disbursements - August 2012 / Approve / Acting
Finance Director
3A.4 Subdivision Improvement Agreement re Improvement Security (KB
Home Coastal Inc.- Tract 30035 & 30034) / Approve / City Manager
City Council Action Minutes
September 18, 2012
Page 2 oft 3
PACKET PAGE: 54
AGENDA ITEM 3A.5
3A.5 Minutes of August 10, 2012 - Special Meeting / Approve / City Clerk
3A.6 Minutes of August 20, 2012 - Special Meeting / Approve
/ City Clerk
3A.7 Minutes of September 7, 2012 -Special Meeting/Approve/City Clerk
3A.8 Authorization to Advertise for Bids, Kuhns Property Lead and
Asbestos Abatement (CIP #11-013) / Approve / City Engineer
3A.9 Treasurer's Report at July 31, 2012 / Approve / City Treasurer
3A.10 August 21 Valley Congress follow-up - Regional Law Enforcement /
Approve / City Manager
3A.11 Approval of Purchase and Sale Agreement for Northwest Corner of
Commonwealth Avenue and San Jacinto Avenue (APNs 439-112-
032, 439-112-033, 439-112-004, 008, & -009) / Approve / City
Attorney, Development Director
3A.12 Approval to place a 45 day notice of public hearing for the Contract
Amendment with CR&R / Approve / Assistant City Manager
3A.13 Resolution Opposing San Diego County Water Authority's Cost
Shift / Approve / City Manager, City Attorney
3A.14 Letter of Support -- Community Development Block Grant Funding
Levels (H.R. 5972) / Approve / Development Director
3A.15 Letters of Support -- S. 2909, S. 3047 and S. 3085 / Approve /
Development Director
3A.16 Letter of Support -- Senate Bill 214 (Wolk) / Approve / Development
Director
38 CONSENT CALENDAR - SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
38.1 Approval of Purchase and Sale Agreement for the Northwest
Corner of Commonwealth Avenue and San Jacinto Avenue /
Approve / City Attorney, Development Director
Vice Mayor Miller requested clarification on Item 38.1in regards to
the location of the property. The staff report indicates the property
is on the northwest corner and it should be the northeast, Mayor
Kotyuk abstained from warrant numbers 102457, 102482, 102528,
City Council Action Minutes
September 18, 2012
Page 3 oft 3
PACKET PAGE: 55
AGENDA ITEM 3A.5
102630, 102736, 102749, and 102765 on item 3A.3. Council
Member Di Memmo requested Item 3A.4 be pulled. The public
requested that Items 3A.10 and 3A.11 be pulled
M/S/C (Di Memmo/Miller) moved to approve the balance of the Consent Calendar.
Motion carried 5/0,
Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Nays: None
Absent: None
Abstain: Kotyuk from warrant numbers102457, 102482, 102528,
102630, 102736, 102749, and 102765 on item 3A.3
3A.4 Subdivision Improvement Agreement re Improvement Security
(KB Home Coastal Inc. - Tract 30035 & 30034) / Approve / City
Manager
City Manager Tim Hults presented the staff report saying that this is
a Subdivision Improvement Agreement related to bonding
improvements at KB Development (The Cove). He said KB Home
is asking for consideration that land be used as a form of security.
The California Subdivision Act requires that, if a subdivision
improvement agreement is approved by the City, the subdivider
must post security, in a form approved by the City, to ensure the full
performance of that obligation to install the public improvements.
He said this is not typical however it has been done in the past.
The most common security is a traditional surety bond, However,
the Act also permits this type of security. KB Home has proposed a
long form deed of trust and assignments of rents be posted in lieu
of the bonds for the "in -tract" improvements. The City would be in
first position, secondary only to liens for the payment of property
taxes and/or assessments. The City could foreclose and use the
proceeds to install improvements if needed.
M/S/C (Miller/Bartel) moved to approve Item 3A.4 as presented. Motion carried 4/1.
Ayes: Bartel, Ledezma, Miller, Kotyuk
Nays: Di Memmo
Absent: None
Abstain: None
City Council Action Minutes
September 18, 2012
Page 4 oft 3
PACKET PAGE: 56
AGENDA ITEM 3A.5
3A.10 August 21 Valley Congress follow-up - Regional Law
Enforcement / Approve / City Manager
City Manager Hults reported that this item is a follow-up to the
Valley Congress meeting on August 21, 2012.
Mayor Kotyuk said he spoke with the Sheriff and a higher cost
would be associated with a JPA.
Jim Pangrazzi, 408 S. Kirby, San Jacinto spoke against a joint
venture for public safety,
Item 3A.10 was received and filed
3A.11 Approval of Purchase and Sale Agreement for Northwest
Comer of Commonwealth Avenue and San Jacinto Avenue
(APNs 439-112-032, 439-112-033, 439-112-004, 008, & -009) /
Approve / City Attorney, Development Director
Development Director Sharon Paisley presented the staff report.
Jim Pangrazzi, 408 S. Kirby St., San Jacinto asked what the value
of the land was and how much the City would gain by the sale of
the property,
Development Director Paisley responded that the properties were
appraised at $330,000 and $70,000 and that is the total purchase
price. She introduced Mark Sandoval of Mark Development, Inc.
Mark Sandoval, President, Mark Development, Inc. said he liked
this site and wished to develop there because of Wal-Mart and the
other retailers in the area. He added that he would do his best to
bring in a sit down restaurant,
Vice Mayor Miller commented that that area is a prime piece of real
estate.
Mayor Kotyuk said he has admired Mr, Sandoval's work and is glad
to have in involved with in San Jacinto,
M/S/C (Di Memmo/Ledezma) moved to approve Item 3A.11 as presented. Motion
carried 5/0.
Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Nays: None
City Council Action Minutes
September 18, 2012
Page 5 oft 3
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AGENDA ITEM 3A.5
Absent: None
Abstain: None
4. PUBLIC HEARING
4.1 Zoning Ordinance Amendment 1-12, Ordinance No. 12-09; Ordinance
temporarily suspending Urban Corridor Overlay District Site
Development Principles and Standards relating to front building
setback and off-street parking requirements.
Applicant: City of San Jacinto / Approve / City Manager,
Planning Director
City Manager Hults presented the staff report.
Mayor Kotyuk opened the Public Hearing at 8:15 p.m.
Howard Tounget asked if there were other projects that have come
before the Council such as this.
Mayor Kotyuk responded there is one other project on San Jacinto
Avenue,
Mayor Kotyuk closed the Public Hearing at 8:17 p.m.
M/S/C (Di Memmo/Ledezma) moved to approve Item 4.1 as presented. Motion
carried 5/0,
Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Nays: None
Absent: None
Abstain: None
4.2 Conditional Use Permit 3-12, to establish a Banquet Hall in an
existing commercial suite. The site is located on the west side of
State Street, approximately 250 feet south of Seventh Street with an
address of 790 S. State Street, Suite G. (APN 435-330-016) / Approve
/ Planning Technician, Planning Director
Mayor Kotyuk asked if there might be any conflict of interest due to Best
Best & Krieger representing the owner of the property in a previous
matter,
City Attorney Jeff Ballinger said that it was another attorney from BB&K
that previously represented the Rahman's, He said he sees no issue or
conflict at this time.
City Council Action Minutes
September 18, 2012
Page 6 of 13
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AGENDA ITEM 3A.5
Planning Technician Mike Hasapes presented the staff report, On
August 9, 2012 the Planning commission, by a 3-1 vote, approved a
Conditional Use Permit to establish a Banquet Hall in an existing
commercial suite located on the west side of State Street (790 S.
State St., Suite G), The Planning Commission added a Planning
Department condition requiring replacement of missing trees and
improvement of any landscaping deficiencies prior to occupancy, The
Commission also revised the Police Department conditions regarding
security. The revisions state that the applicant may be required to
utilize private security or contract with the Police Department for extra
duty and provide a safety & security plan, Parking is provided for the
shopping center at a rate of one space per every 250 square feet of
general retail space. A total of 49 parking spaces have been provided
for the center. A banquet hall requires 1 space for every 40 square
feet of assembly area, Two suites will be used with an assembly area
of 3,750 square feet, therefore, 93 parking spaces are required. Joint
use of off-street parking facilities is authorized in the Zoning
Ordinance and has been approved by the Planning Commission.
Additional parking to offset the shortage will be available around the
adjacent building at 718 W. 7th St. because the applicant has
easements on that property. In addition there will be parking available
at the shopping center on the northwest corner of State and 7th St.
because the it is owned by the applicant. He said the Planning
Department recommends the City Council by motion approved
Conditional Use Permit 3-12.
Council Member Ledezma voiced concerns about emergency exits, in
case of fire. He added that he has concerns about parking regarding
safety and the easements,
City Manager Huffs said the Fire Code determines how many people
are allowed in the building based on the exits,
Council Member Bartel also voiced concerns about safety issues and
people crossing on 7th St, to go back and forth,
Council Member Di Memmo concurred with Council Members Bartel
and Ledezma, There needs to be security and there is a safety issue
with the parking,
Vice Mayor Miller voiced concerns with the parking as well, some of
the parking spaces are hidden on the area to the north, He had
concerns with people walking across 7th St, as well.
City Council Action Minutes
September 18, 2012
Page 7 ofl3
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AGENDA ITEM 3A.5
Mayor Kotyuk said this building was not designed for this originally.
There is no infrastructure in place at this location, the corner has no
sidewalk and is poorly it, It would need street fight improvements. He
commented that the driveway on State St, should have left turn only in
ingress and egress.
Mayor Kotyuk opened the Public Hearing at 8:39 p.m.
Howard Tounget spoke about the conflict of interest issues with
BB&K. He also voiced concerns regarding the project meeting
standards with parking and 50% frontage. He felt it did not benefit the
city and was a nuisance.
Jim Pangrazzi, 408 S. Kirby St, San Jacinto agreed with Mr. Tounget
and also voiced concerns regarding the property owners in close
proximity,
Raymond Woodruff 42545 Cactus Valley, Hemet said he is the
property owner on the corner. He said he has been involved in a
lawsuit with the property owners. He felt that the applicant was trying
to turn his property into a parking lot. He is opposed to the approval of
CUP 3-12.
Mayor Kotyuk closed the Public Hearing at 8:50 p.m.
City Attorney Ballinger informed council that the next step, if council
chooses to deny the CUP, would be to have a Resolution brought
back to the next council meeting, outlining the reasons for denial of
the applicant's CUP request.
M/S/C (Di Memmo/Ledezma) moved to not approve CUP 3-12 and bring a
Resolution to the October 2, 2010 Council meeting to show
findings of denial. Motion carried 5/0.
Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Nays: None
Absent: None
Abstain: None
5. STAFF REPORTS
5.1 Statement of Investment Policy Revision / Approve / Acting Finance
Director
Acting Finance Director Prill presented the staff report,
City Council Action Minutes
September 18, 2012
Page 8 ofl3
PACKET PAGE: 60
AGENDA ITEM 3A.5
M/S/C (Di Memmo/Miller) moved to approve Item 5.1 as presented. Motion
carried 5/0.
Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Nays: None
Absent: None
Abstain: None
5.2 Amendment to the Joint Powers Agreement of the Western Riverside
Council of Govemments to Permit the Provision of PACE Services
statewide / Approve / City Manager
City Manager Hults said in 2009 the City adopted a Resolution of
Participation and an Implementation Agreement that allowed for WRCOG
to develop and implement a Property Assessed Clean Energy (PACE)
Program. It is called the HERO Program in Western Riverside County and
allows for property owners to finance energy efficiency, water
conservation, and renewable energy projects and to pay that financing
back through a voluntary assessment on the property owner's tax bill.
Since its launch in late 2011, WRCOG's HERO Program has been very
successful. The Executive Committee of the WRCOG has directed staff to
expand on the success of its HERO Program and implement a Statewide
HERO Program by June 2013. Staff recommends that the City Council,
by motion approve the Joint Powers Agreement with the Western
Riverside council of Governments to Permit the Provision of PACE
Services statewide,
M/S/C (Miller/Ledezma) moved to approve Item 5.2 as presented. Motion
carried 5/0.
Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Nays: None
Absent: None
Abstain: None
5.3 Marine Corps. Monument at Veterans Memorial, Dmding Park /
Approve / Assistant City Manager, Streets Supervisor
Assistant City Manager Mike Emberton presented the staff report. He
commented that Street Supervisor Barry Mulcock has been dedicated to
this project since 2001. For a long time the idea was to honor the Marine
Corps with a Howitzer which was not able to be done. He said they have
brought three options to the Council tonight. Option 1 is an
Eagle/Anchor/Globe bronze casting with a project estimate of $25,000.
City Council Action Minutes
September 18, 2012
Page 9 of 13
PACKET PAGE: 61
AGENDA ITEM 3A.5
Option is a M109A5 Self -Propelled Howitzer Tank with a project estimate
of $35,000, Option 3 is a Bronze Life -Size Sculpture of Iwo Jima/Mt.
Suribachi Rag Raising with a project estimate of $150 000 to $200,000.
After a brief discussion regarding funding, lighting and security there was
a consensus that Option 1 would be the most fitting and the best design to
honor the Marine Corps.
M/S/C (Di Memmo/Ledezma) moved to approve Option 1. Motion carried 5/0,
Ayes: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
Nays: None
Absent: None
Abstain: None
5.4 Ordinance Regarding Chronic Nuisance Properties (Valley ROCS) /
Discuss and Provide Possible Direction / City Manager, City Attomey
City Manager Huffs spoke briefly about the Ordinance. At the July 17,
2012 meeting, the Council considered the first reading of an ordinance
concerning the abatement of chronic nuisances. Several issues arose at
that meeting and City staff was directed look into them, Staff was directed
to check on the status of Hemet's implementation of its chronic nuisance
ordinance, in order to determine what sort of staffing needs such an
ordinance would call for. Staff was also asked to research the ability to
create different classifications of violations. A discussion also occurred
regarding calls that are placed from one property regarding another
property, and who would be responsible for such calls under the proposed
ordinance, Following the July 17, 2012 Council meeting the City received
letters from the California Apartment Association/Apartment Associations
Greater Inland Empire (CAA) and from a coalition composed of the ACLU
and others which raised a number of issues. He said the letters were
included the staff report.
City Attorney Ballinger said after review of Hemet's Organizational Chart
for their ROCS Enforcement Team it was determined that it would take 1
to 2 full time positions as well as assistance from San Jacinto's various
departments to implement the proposed ordinance, Hemet has the
Ordnance in place, however nothing has been implemented. The Council
needs to determine if they want to move forward now, or wait until Hemet
has implemented their program. If the City of San Jacinto moves forward
the classifications of different violations could be done like the DMV does,
on a point system. Staff could go through the municipal violations and
assign points.
City Council Action Minutes
September 18, 2012
Page 10 or13
PACKET PAGE: 62
AGENDA ITEM 3A.5
Mayor Kotyuk said he was glad to see the input for outside agencies. He
added that he likes the point system,
Council Member Bartel asked Pofice Chief Trevino if there were any
negative issues.
Police Chief Trevino said the lack of staff for the City and the Police
Department and it would be time consuming, She added that the Pofice
Department's job is to enforce the law, and many of the issues in the
proposed ordinance are already in the penal code.
Mayor Kotyuk asked Pofice Chief Trevino if some neighborhoods were a
regular stop for the officers on duty. He also asked what the highest
volume of calls was at any particular residence.
Pofice Chief Trevino responded that she didn't know but it could be
tracked, There are neighborhoods that they pay certain attention to, She
added that she is curious to see how Hemet's program gets off the
ground, they hired two officers from the COPS Grant to specifically deal
this this.
Mayor Kotyuk called for public comments.
John Christner 147 N. Kirby St., San Jacinto said he is confused. He
moved here from Texas and in Texas the police officers encourage
citizens to call for any disturbance. He said this ordinance appears to give
the perception not to call the police if you have issues and to solve them
themselves, He suggested that the Council no support this ordinance,
Vice Mayor Miller said there is a miscommunication somewhere, The
emphasis is not on the person calling but the person who the caller is
complaining about, It was never the City's intent to discourage people
from calling the police when they need to.
Council Member Ledezma said the citizens are confused with this
ordinance, the intent is to call, but that is not the message that is going to
the citizens,
Mayor Kotyuk said with the AB109 occurring there have be a rash of sever
incidents, He said the City should not be in a wait mode and we need to
hold owners of the property responsible for renting to those people that
are causing problems.
Direction was given to staff to look at other alternatives to achieve the
same goals and make changes to the Ordinance and bring this back to the
Council at the October 16, 2012 Council Meeting.
City Council Action Minutes
September 18, 2012
Page 11 or 13
PACKET PAGE: 63
AGENDA ITEM 3A.5
6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS
Council Member Di Memmo said he saw the Marine Corps band play at the
Ramona Bowl and it was wonderful.
Vice Mayor Miller said the City received the remainder of the funding for the
Ramona Expressway project. He thanked City Engineer Habib Motlagh for his
hard work in getting this funding.
Council Member Ledezma had no report,
Council Member Bartel said he attended the CASA event and the event for
Habitat for Humanity. He attended the San Jacinto Chamber of Commerce
luncheon and they will be putting something together regarding panhandling.
Mayor Kotyuk said there is a public comment regarding the Closed Session item.
Ernest Wright, 801 Calle Lagasea, Chula Vista asked the Council to respectfully
consider that Mr, Gamal Badawy did everything that the City required and
followed city policies. His application was turned in as well as the C of 0 and this
happened before the moratorium on Hookah and Smoke shops. He asked that
they treat Mr. Badawy with respect and to be fair. He asked them to put
themselves in his position. He has put a substantial amount of money in this and
it is not fair that he is not grandfathered in,
Gamal Badawy, 151 E. Main St. San Jacinto said he went to the City to find out
what is needed for his tobacco shop, He paid the inspection fees and made
corrections to the building as wanted. He acquired a lease and completed the
things on the fist of requirements and returned to the City. He paid for his
business license on August 14th and on August 20th a moratorium was placed,
Jim Pangrazzi, 408 S. Kirby, San Jacinto said he agreed that Mr. Badawy should
be grandfathered in after he had done all the work required.
Mayor Kotyuk recessed the regular meeting at 10:45 p.m, and reconvened in
closed session at 10:50 p.m,
7. CLOSED SESSION
7A CLOSED SESSION - CITY COUNCIL
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: One (1) potential case- Claim filed by Ernest H.
Wright, II, on behalf of Gamal Badawy and J&H Tobacco Plus, dated
City Council Action Minutes
September 18, 2012
Page 12 or 13
PACKET PAGE: 64
AGENDA ITEM 3A.5
August 27, 2012, and supplemented by letter dated September 4,
2012
No Reportable Action
7B CLOSED SESSION - SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
8. ADJOURNMENT
With no further business before the City Council, the meeting was adjourned at 11:40
p.m.
ATTEST:
Richard Miller, City Clerk
City of San Jacinto
Andrew F. Kotyuk, Mayor
Approved as read:
Approved as amended:
City Council Action Minutes
September 18, 2012
Page 13 of 13
PACKET PAGE: 65
AGENDA ITEM 3A.6
October 2, 2012
TO: The Honorable Mayor and Members of the City Council
FROM: Tim Huits, City Manager
SUBJECT: Appropriation of $7,000 from the Capital Reserve Fund to convert the
exisithg cubicle used by the Development Director into a private office
RECOMMENDATION:
Staff recommends that the City Council, by motion, appropriate $7,000 from the Capital
Reserve Fund in order to convert an existing cubicle to private office space.
DISCUSSION
Presently, the Development Director is housed in an open cubicle that affords little to no
privacy. Traditionally, department heads supervise personnel and have a need for private
confidential space in which to counsel or even reprimand staff, While this is rare, the need
does occasionally arise, In addition, especially 'n the case of the Development Director,
work on projects that have an element of confidentiality is routine. For instance, the
Development Director is the primary staff position that recruits and negotiates with new
businesses that may wish to remain anonymous for any number of reasons, Operating
out of a cubicle has proven to be inefficient as well, as the incumbent has had to leave her
space to carry on such discussions. Most often, she uses the conference room which
takes that space away from the rest of staff, With conference facilities in short supply at
City Hall, this has proven somewhat burdensome for scheduling.
The existing systems furniture, a small clerical cubicle and the Development Director's
cubicle, will be stored for future use, Staff explored the market for such furniture, and the
value is minimal, essentially pennies on the dollar, It would be more cost effective to retain
the furniture and use it in the future should the need arise,
ALTERNATIVES
Do not allocate the funds and continue to operate in the same manner.
FISCAL IMPACT
The budget for the conversion is estimated at $8,831. Approximately $1,800 of the cost
will be covered by Fund 103, the Administration DIF, and the rest by the Capital Reserve
Fund, As such, the Capital Reserve will be reduced by approximately $7,000, However,
the projected year end fund balance of the Capital Reserve is $6,271,064.
PACKET PAGE: 67
AGENDA ITEM 3A.7
October 2,2012
TO: The Honorable Mayor and Members of the City Council
FROM: Habib Motlagh, City Engineer
SUBJECT: Award of Contract for Ramona Expressway and San Jacinto Ave Interim
Sidewalk Project (CIP 11-007)
RECOMMENDATION:
Staff recommends that the City Council, by motion:
• Award the contract for the Ramona Expressway and San Jacinto Ave Sidewalk
Project (CIP 11-007) to Mamco, Inc. in the amount of $92,000;
• Allocate funds for the construction as outlined in the staff report;
• Authorize the City Manager to execute the public works contract;
• Direct the City Clerk to reject all other bids.
DISCUSSION:
On September 24, the City Clerk opened bids for the Ramona Expressway and San
Jacinto Ave Sidewalk Project (CIP 11-007). A total of nine bids were received, and they
are summarized in an attachment to this report. The low bidder was Mamco, Inc. of
Riverside, in the amount of $92,000, This bid was lower than the engineer's estimate of
$130,000.
The City Engineer's office has worked with Mamco in the past, and we have found them
to be challenging but productive and capable to complete this project.
This project will build sidewalk on Ramona Expressway from San Jacinto Avenue
westerly to join into the existing path on the south side of the road near Eagle. It will
also build new sidewalk on the west side of San Jacinto Avenue starting at Ramona
Expressway to join into the existing sidewalk a few hundred feet to the south, The
contract has a short duration, with a mandatory start of construction of October 15.
Work will thus be complete prior to the Thanksgiving holiday. Per the project
specifications, the Contractor will not be allowed to install any full Zane closures —
atthough lanes may need to be shifted or narrowed to allow for work to occur. The
project should have a minimal impact on local traffic,
ALTERNATIVES'
Approval: Award the contract to Mamco as presented.
Denial: Do not approve the contract, and provide staff with further direction.
PACKET PAGE: 69
AGENDA ITEM 3A.7
FISCAL IMPACT:
The cost for the project is broken down as follows:
• Bid Amount: $92,000
• 20% contingency: $20,000
• Soft costs: $18,000
Total construction cost: $130,000
The available funding for the sidewalk work is approximately $190,000 per the approved
2012-13 budget including $40,000 RCTC SB-821 Grant. The funding source is
Measure A money. As such, the project is fully funded and no special budgetary action
by the Council is necessary.
ATTACHMENTS:
■ Summary of bids received on 9-24-12
PACKET PAGE: 70
AGENDA ITEM 3A.7
RAMONA EXPRESSWAY SIDEWALK
(West of San Jacinto Ave) PROJECT BID OPENING
Bid Results
Bid Opening: September 24, 2012 @ 2:00 p.m.
Bidder Name
Bid Amount
Bond
TED ENTERPRISES, INC.
Y%33,LS4----
SEAN MALEK ENG. & CONST.
✓
J/ 7 a , 7 so- =
FRONTLINE ENG.
=
r
31l27.,S-3
MAMCO, INC.
-'
d 92., e. •
JDC, INC
Viz 4,3s __
,_,i
LANDMARK SITE CONTRACTORS
v"l .0 z.ii
----
NEEK, LLC
1//4,z9? r=
HILLCREST CONTRACTING
4 oz, 3/'
/
STI, INC
-� 9%5-47'
-"
E.
AGENDA ITEM 3A.8
TO:
October 2, 2012
The Honorable Mayor and Members of the City Council
FROM: Asher hartel, Planning Director
Mike Hasapes, Assistant Planner
SUBJECT: Adoption of Ordinance No, 12-09 (Zoning Ordinance Amendment 1-12);
Ordinance temporarily suspending Urban Corridor Overlay District Site
Development Principles and Standards relating to front building setback
and off-street parking requirements.
RECOMMENDATION:
Staff recommends that the City Council, by motion, adopt Ordinance No. 12-09,
approving Zoning Ordinance Amendment 01-12 in the form submitted by the Planning
Commission, and by further motion read by title only.
An Ordinance of the City Council of the City of San Jacinto temporarily
suspending the operation of Section 14A.05, subsections 2 and 9 of the
San Jacinto Urban Corridor Overlay Ordinance.
DISCUSSION:
On September 18, 2012, the City Council approved the introduction and the first
reading, by a 5-0 vote, of Ordinance 12-09 for Zoning Ordinance Amendment 1-12. The
action included a provision that within two (2) years of adoption, the Ordinance will be
reviewed by the Planning Commission and City Council to determine whether the
continued suspension of Subsections 2 and 9 of Section 14A.05 is appropriate.
BUDGETARY IMPACT:
The Zoning Ordinance Amendment could result in new retail development which would
generate additional sales tax revenue.
ATTACHMENTS:
• Ordinance 12-09
• Urban Corridor Overlay Map
PACKET PAGE: 73
AGENDA ITEM 3A.8
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
ORDINANCE NO. 12-09
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JACINTO TEMPORARILY
SUSPENDING THE OPERATION OF SECTION
14A.05, SUBSECTIONS 2 AND 9 OF THE SAN
JACINTO URBAN CORRIDOR OVERLAY
ORDINANCE; FILE CASE NO. ZONING ORDINANCE
AMENDMENT 1-12.
WHEREAS, the City Council ("City Council") of the City of San Jacinto
("City") is authorized, pursuant to Article 11, Section 7 of the California Constitution, to
make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws; and
WHEREAS, the City Council is authorized by the Government Code
section 65850 to regulate the location, height, bulk, number of stories, and size of
buildings and structures, the size and use of lots, yards, courts, and other open
spaces, the percentage of a lot which may be occupied by a building or structure,
establish requirements for off-street parking and loading, and establish and maintain
building setback lines; and
WHEREAS, the City Council finds that subsections 2 and 9 of Section
14A.05 of the San Jacinto Zoning Ordinance, relating to off-street parking, inhibits or
may have the tendency to inhibit economic development and therefore should be
temporarily suspended during this time of extreme economic distress; and
WHEREAS, this ordinance is consistent with the City's adopted General
Plan, as follows:
• Land Use Goal 7: Capitalize on the City's many economic
development opportunities to promote a strong and economically
healthy community. This ordinance helps ensure a strong and
economically healthy community by temporarily suspending a
zoning provision that may tend to inhibit commercial
development within the City.
• Land Use Policy 7,1: Promote the economic stability of the San
Jacinto Area by encouraging diversification of the City's
commercial and industrial base by: Encouraging a variety of
industries to locate in San Jacinto, including retail, high
technology, manufacturing, and professional services in order to
promote the development of a mixed economic base. This
ordinance promotes economic stability by encouraging retail,
high technology, manufacturing and professional services, by
PACKET PAGE: 75
AGENDA ITEM 3A.8
temporarily suspending a zoning provision that may tend to
inhibit such development within the City.
• Land Use Policy LU-2: Attract Revenue and Employment
Generating Uses— Use the City's website, regional Chambers of
Commerce, trade publications, and other appropriate sources to
promote San Jacinto's development opportunities. Make
economic development and business surveys readily available to
businesses and developers looking to locate their projects in
Riverside County. This ordinance helps attract revenue and
employment generating uses by temporarily suspending a
zoning provision that may tend to inhibit commercial
development within the City; and
WHEREAS, the Planning Commission conducted a duly noticed public
hearing, at which it considered this ordnance, and recommended adoption of this
ordinance; and
WHEREAS, the City Council thereafter conducted a duly noticed public
hearing, at which time it considered this ordinance; and
WHEREAS, all other prerequisites to the adoption of this ordinance have
occurred,
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: The recitals set forth above are true and correct and are
incorporated herein and made an operative part of this ordinance as though fully set
forth herein.
Section 2: Based on the above findings and recitals, the City Council
temporarily suspends the application of Subsections 2 and 9 of Section 14A.05, which is
attached hereto as Exhibit "A" and incorporated by reference herein. Subsections 2 and
9 of Section 14A.05 shall not be applicable to any development project for which a
complete application for development was submitted to the City after July 17, 2012,
The City Council may make Subsections 2 and 9 of Section 14A.05 applicable in the
future by adopting an ordinance in the same manner as this ordnance was adopted.
Section 3: Staff shall, within two (2) years of adoption of this Ordinance,
bring forward for reconsideration by the Planning Commission and City Council the
continued suspension of Subsections 2 and 9 of Section 14A.05.
Section 4: The City Council finds that this ordinance 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
PACKET PAGE: 76
AGENDA ITEM 3A.8
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 ordinance shall take effect and be in full force on the 30th
day from and after its second reading.
Section 6: The City clerk shall certify the adoption of this ordinance.
MOVED, PASSED, AND ADOPTED at a regular meeting of the City Council on
day of 2012, by the following vote:
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
Richard Miller, City Clerk
City of San Jacinto
Andrew Kotyuk, Mayor
PACKET PAGE: 77
AGENDA ITEM 3A.8
EXHIBIT "A"
Building Placement and Off-street Parking Language to be Suspended
Zoning Ordinance, Section 14A.05(2):
"Buildings should face the street. At least 50% of the front ground level facade of the
building must be located at the front setback line required by the underlying zone".
Zoning Ordinance, Section 14A.05(9):
"Off-street parking should be located to the side or rear of the building(s); no parking
shall be located between the front elevation of a building and a public street or in the
required front or street side yard setback".
PACKET PAGE: 78
AGENDA ITEM 3A.8
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
, 2012 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
day of , 2012.
Richard Miller, City Clerk
PACKET PAGE: 79
AGENDA ITEM 3A.8
Urban Corridor Overlay District
City of San Jacinto
Community Development Department
41
5
PACKET PAGE: 81
AGENDA ITEM 3A.9
October 2, 2012
TO: The Honorable Mayor and Members of the City Council
FROM: Sharon Paisley, Development Director
SUBJECT: Supplemental Agreement for the Use of Community Development Block
Grant Funds for Program Year 2012-2013
RECOMMENDATION:
That the City Council, by motion:
1) Approve and adopt Resolution No. 3442 approving the Supplemental Agreement with
the County of Riverside for the Use of Community Development Block Grant Funds
for Program year 2012-2013; and
2) Approve and authorize the Mayor to execute the Supplemental Agreement; and
3) Authorize and direct City staff to file a Notice of Exemption with the Clerk of the
Board of Supervisors of the County of Riverside, California, within five (5) working
days following the date of adoption of Resolution No, 3442.
BACKGROUND:
The CDBG Program brings federal dollars to local communities for the purpose of
assisting low and moderate income residents through public services, infrastructure
improvements, economic development programs, and the elimination of slums and
blight. Funds are allocated through a complex formula based in part on total population
and the total number of low and moderate income households within each participating
city, To be eligible for CDBG funding, a program or project must meet at least one of
the three national objectives:
• Activities benefitting low and moderate income persons/households
• Activities which aid in the prevention or elimination of slums or blight
• Activities designated to meet community needs having a particular urgency
Programs and/or projects must also meet the eligibility requirements of the Riverside
County Economic Development Agency's CDBG program, through which the City of
San Jacinto receives its annual funding allocation. While the CDBG program allows for
funding of Public Services, the Program does not require that any specific amount of
funds be utilized for Public Services Programs. However, it does not allow more than
15% of the total allocation to be utilized for Public Service Programs with the balance of
funds being allocated to public facilities and economic development programs. On the
PACKET PAGE: 83
AGENDA ITEM 3A.9
other hand, the CDBG program does allow local jurisdictions to utilize 100% of their
allocation for public facilities projects at the discretion of the local governing board.
In past years, the City has spfit its CDBG allocation between public service programs
and public facilities projects and Code Enforcement. Over the years, the City's
allocation of CDBG funds has been steadily reduced due to the decline in the total
amount of funds available to the CDBG Program nationally. In 2007, the City Council
requested that Riverside County Economic Development Agency allow the City to utilize
its available funds over a two-year period for a single project. That project provided
curbs, gutters and sidewalks throughout the downtown area. The two-year allocation, in
the amount of $371,947 was utilized for a single project throughout the downtown area,
and was matched by over $1 million in other federal and non-federal funds. Those
funds provided curbs, gutters and sidewalks and new pavement to many streets within
the target census tracts.
Because the amount of funding was relatively small, the City submitted another multi-
year application to the County for years 2009-10, 2010-11 and 2011-12 to concentrate
funds for public facilities that would benefit the downtown census tracts. Because there
were many streets in the older neighborhoods with inadequate curbs, gutters and
sidewalks, the County approved another multi -year CDBG allocation of $500,000, that
was matched by $1 million in non -housing Redevelopment funds.
The City Engineer estimates that it would cost approximately $1 million to complete
substantial rehabilitation and replacement of pavement rehabilitation/replacement and
construction of minor sidewalk improvements in the CDBG eligible areas.
DISCUSSION:
On July 19, 2011, the City Council approved a Cooperation Agreement with the County
of Riverside for the Use of Community Development Block Grant Funds for Program
Years 2012-13, 2013-14 and 2014-15.
Thereafter, on November 1, 2011, the City Council authorized staff to submit an
application to the Riverside County Economic Development Agency (EDA) for a three-
year Community Development Block Grant (CDBG) allocation for street improvements
consisting of substantial pavement rehabilitation as well as minor curb, gutter and
sidewalk improvements. As in prior years, matching funds are required. In light of the
elimination of Redevelopment, it was recommended that the matching funds be
provided through Measure A or other available sources.
On December 15, 2011, the City submitted a request for a three-year funding allocation
for the proposed 2012 Street Improvement Project consisting of the following:
1) Substantial Pavement Rehabilitation will include grinding, overlay, striping and
minor curb/gutter and sidewalk improvements. It is anticipated that this
component will require approximately 4,000 tons of asphalt. The project area is
PACKET PAGE: 84
AGENDA ITEM 3A.9
generally bounded by Camino Los Banos on the east, San Jacinto Avenue on
the west, Main Street to the north and Shaver Street to the south, and 180
residential units will benefit from the improvements. The estimated cost is
$360,000.
2) Minor Sidewalk Curb and Driveway Improvements will upgrade 22 driveways
and approaches and will complete the improvements on the recently resurfaced
portion of Main Street between Pico Avenue and De Anza Drive. The estimated
cost is $110,000.
The total cost of the street improvements is estimated at $470 000 The City requested
a three-year, $420,000 allocation of CDBG funds with a $50,000 match to be provided
by the City through Measure A or other funds.
Subsequently, on January 9, 2012, the City Council considered Public Safety
Subcommittee recommendations and approved additional Code Enforcement, among
other items. Because there are no other sources of funding available for Code
Enforcement, a request was submitted on January 28, 2012 to the Riverside County
Economic Development Agency requesting an amendment to the City's CDBG by
replacing one of the street improvement projects (Item #2 above) with Targeted Code
Enforcement Activity within targeted census tracts in the downtown area.
The County EDA awarded a three-year allocation, including $189,358 more than
requested, The Supplemental Agreement will cover three program years (i.e, 2012-13,
2013-14 and 2014-15). If approved and executed, the Supplemental Agreement will
allow the City to utilize $609,358 in CDBG funding of which $203,179 will be applied to
Targeted Code Enforcement and $406,358 will be applied to the San Jacinto Downtown
Street Improvement Project.
Approving the Supplemental Agreement would allow the City to utilize federal funds for
targeting code enforcement efforts and to construct necessary street improvements
within the CDBG target Census Tracts. The City will be able to apply again for CDBG
funds in 2015-16.
ALTERNATIVES:
1) Approve the Supplemental Agreement as presented. Staff recommends this
alternative as it allows the City to utilize three years' allocation on specific street
improvements and targeted code enforcement.
2) Not approve the Supplemental Agreement. Staff does not recommend this
alternative as not approving the Supplemental Agreement will result in the loss of
multi -year advanced funding. CDBG funds would then only be made available to
the City on an annual basis.
PACKET PAGE: 85
AGENDA ITEM 3A.9
FISCAL IMPACT:
CDBG funding in the amount of $702,716 was adopted in the 2012-13 Budget, with
$203,179 for Code Enforcement activity and $499,537 for CIP #13-002. As a result of
the known funding and matching funds, the affected accounts will be:
#029-8662-410.50-10
#199-0000-399.50-11
#199-9999-425.40-01
#13-002
$ (93,179)
$ (93,179)
$ (93,179)
The Measure A matching funds are available in CIP #11-006 Downtown Street
Improvements, currently budgeted at $1 million.
ATTACHMENTS:
• Resolution No. 3442
• Supplemental Agreement for the Use of Community Development Block Grant
Funds
PACKET PAGE: 86
AGENDA ITEM 3A.9
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
RESOLUTION NO. 3442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO APPROVING THE SUPPLEMENTAL
AGREEMENT BETWEEN THE CITY OF SAN JACINTO
AND THE COUNTY OF RIVERSIDE FOR THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR PROGRAM YEAR 2012-2013
WHEREAS, the County of Riverside ("County") has applied for and qualified as a
Urban County for the Community Development Block Grant ("CDBG") program (the
"Program") in accordance with 42 U.S.C. § 5302(a)(6) and 24 CFR 570.307 of the
CDBG regulations; and
WHEREAS, the purpose of the Program is to provide participating Urban
Counties with federal CDBG program funding for use in the provision and expansion of
decent, affordable housing and economic opportunities for persons of low and moderate
income; and
WHEREAS, the City of San Jacinto ("City") desires to participate in the Program
and receive Program funds for Program year 2012-2013 for the purposes of assisting
and undertaking essential community development and housing assistance activities,
specifically for targeted code enforcement and street improvements; and
WHEREAS, in order for the City to participate in the Program as a participating
unit of general local government under the County's Urban County designation, the City
must enter into a cooperation agreement with the County; and
WHEREAS, the City and the County have executed a cooperation agreement,
dated July 19, 2011 (the "Agreement"); and
WHEREAS, the City and County now desire to amend the Agreement by
entering into a supplemental agreement (the "Supplemental Agreement") for Program
year 2012-2013 for the purpose of allowing the City's utilization of additional Program
funds totaling up to two hundred three thousand one hundred seventy nine dollars
($203,179) for targeted code enforcement and up to four hundred six thousand three
hundred fifty eight dollars ($406,358) for street improvements, for a total of up to six
hundred nine thousand five hundred thirty seven dollars ($609,537), as specifically
identified in the Supplemental Agreement; and
WHEREAS, the City finds that the Supplemental Agreement with the County is in
the best interest of the City and is consistent with the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto as follows:
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AGENDA ITEM 3A.9
SECTION 1,
SECTION 2,
SECTION 3,
SECTION 4,
SECTION 5,
Consent to City Participation in Urban County Designation.
The City Council hereby consents to the City's participation
in the Program, and elects to participate in the County's
Urban County designation for the Program.
Approval of Supplemental Agreement. The City Council
hereby approves the Supplemental Agreement attached
hereto as Exhibit "A" and authorizes and directs the Mayor to
execute the Supplemental Agreement on behalf of the City.
Further Acts. The City Council hereby authorizes and
directs the City Manager to take such further actions and
execute such other documents as may be necessary or
appropriate in administering the actions authorized by this
Resolution.
CEQA Compliance. The City Council hereby finds that
approval of the Supplemental Agreement is exempt from the
requirements of the California Environmental Quality Act
("CEQA"), pursuant to State CEQA Guidelines Section
15378. The Supplemental Agreement is a government
funding mechanism, and does not involve any commitment
to a specific project which may result in a potentially
significant physical impact on the environment.
Notice of Exemption. The City hereby authorizes and directs
that a Notice of Exemption shall be filed with the Clerk of the
Board of Supervisors of the County of Riverside, California,
within five (5) working days following the date of adoption of
this Resolution.
SECTION 6. Effective Date. This Resolution shall take effect immediately
upon its adoption.
[SIGNATURES ON FOLLOWING PAGE]
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AGENDA ITEM 3A.9
ADOPTED, SIGNED AND APPROVED this 2nd day of October, 2012, by the
following vote:
Ayes:
Nays:
Absent:
Abstain:
City of San Jacinto
By:
Andrew Kotyuk, Mayor
ATTEST:
Acting City Clerk
APPROVED AS TO FORM:
City Attorney, City of San Jacinto
Best, Best & Krieger, LLP.
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AGENDA ITEM 3A.9
EXHIBIT "A"
SUPPLEMENTAL AGREEMENT
[Attached behind this page]
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File No.: 3.SJ.01-12 and 3.SJ.02-12
SUPPLEMENTAL AGREEMENT FOR THE USE OF
2012-2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
The COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY,"
and the CITY OF SAN JACINTO, herein called "CITY," mutually agree as follows:
1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement, dated
July 2011, whereby CITY elected to participate with COUNTY, which has qualified as an
"Urban County" for purposes of receiving Community Development Block Grant (CDBG)
funds, and to assist and undertake essential community development and housing assistance
activities pursuant to the Housing and Community Development Act of 1974, Title 1, as
amended, Public Law 93-383 hereinafter referred to as "Act". Said Cooperation Agreement,
dated July 201 1, is incorporated herein by reference and made a part of this Agreement as if each
and every provision was set forth herein.
2. PURPOSE. CITY promises and agrees to undertake and assist with the
community development activities, within its jurisdiction, by utilizing the sum of S609,537
CDBG Entitlement Funds, as specifically identified in Exhibits A and B are attached hereto and
by this reference are incorporated herein, for the projects:
A. 3.SJ.01-12 Targeted Code Enforcement, S203,179
B. 3.5102-12 San Jacinto Downtown Street Improvement Project $406,358
3. TERM OF AGREEMENT. The term of this Agreement for the projects shall
be for a period of one (I) year from July 1, 2012 to June 30, 2013, and proceed consistent with
the completion schedule set forth in Exhibits A and B. In the event that the projects are not
substantially completed by the time set forth in the completion schedule due to unforeseen or
uncontrollable causes, the COUNTY may consider extending the schedule for the completion of
the project. Times of performance for other activities may also be extended in writing by
COUNTY. If substantial progress toward completion in conformance with the completion
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schedule, as determined by COUNTY, of the projects are not made during the term of the
Supplemental Agreement, COUNTY may suspend or terminate this agreement by the
procedures set forth in the Section titled "Termination", of this agreement and the entitlement
funds associated with the projects may be reprogrammed by COUNTY after appropriate notice
is given.
4. DISPOSITION OF FUNDS.
A. COUNTY's Board of Supervisors shall determine the final disposition and
distribution of all funds received by COUNTY under the Act consistent with the provisions of
Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency,
shall: (1) Make payment of the grant funds to CITY as designated in Exhibits A and B; and (2)
It is the CITY's responsibility to monitor all project activities of Exhibits A and B to ensure
compliance with applicable federal regulations and the terms of this Agreement.
B. CITY shall comply with timely drawdown of CDBG funds by
expeditiously implementing and completing County -approved, CDBG-funded projects. CITY
acknowledges that CITY's drawdown performance directly impacts the COUNTY's overall
program drawdown rate. If the CITY's unobligated CDBG fund balance, as of January 15, 2013,
exceeds two-times (200%) the CITY's 2012-2013 CDBG allocation, the COUNTY may take the
necessary administrative actions to reduce the CITY's CDBG fund balance. Necessary actions
include reprogramming the excess CDBG fund balance to other eligible activities as selected by
COUNTY. COUTY may authorize CITY in writing, prior to January 15, 2013, to exceed the
CDBG fund balance requirement.
C. CITY shall comply with timely drawdown of funds by submitting monthly
requests for reimbursement or other County -approved reimbursement schedule. All
disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days
after the CITY has submitted its letter identifying payments and documentation supporting
expenditures.
D. All authorized obligations incurred in the performance of the Agreement
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for projects eligible under the following regulations must be reported to COUNTY no later than
by June 15, 2013:
1. Public Services [24 CFR 570.201 (e)]
2. Acquisition [24 CFR 570.201 (a)]
3. Clearance Activities [24 CFR 570.201 (d)]
4. interim Assistance [24 CFR 570.201 (f)]
5. Code Enforcement [24 CFR 570.202 (c)]
All other eligible activities under this Agreement must be implemented, completed, and
obligations reported by the CITY no later than the completion schedules set forth in the Exhibits
to this Agreement.
5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with
COUNTY in undertaking essential community development and housing assistance activities,
specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying
out its Strategic Plan of the Consolidated Plan and other requirements of the Community
Development Block Grant Program.
6 LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Section 15051(d) of Title 14 of the
California Administrative Code, COPY is designated as the lead agency for the projects that are
the subject matter of this Agreement.
7. HOLD HARMLESS AND INDEMNIFICATION. In contemplation of the
provisions of Section 895.2 of the California Government Code imposing certain tort liability
jointly upon public entities solely by reason of such entities being parties to an agreement as
defined by Section 895 of the Code, the Parties hereto, pursuant to the authorization contained in
Section 895.4 and 895.6 of the Code, agree that each Party shall be liable for any damages
including, but not limited to, claims, demands, losses, liabilities, costs and expenses including
reasonable attorneys fees, resulting from the negligent or wrongful acts or omissions of their
employees or agents in the performance of this Agreement, and each Party shall indemnify,
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defend and hold harmless the other Parties from such claims, demands, damages, losses or
liabilities for their negligence
8. INSURANCE. Without limiting or diminishing the CITY'S obligation to
indemnify or hold the COUNTY harmless, CITY shall procure and maintain or cause to be
maintained, at its sole cost and expense, the following insurance coverage's during the term of
this Agreement,
A. Workers' Compensation:
If the CITY has employees as defined by the State of Califomia, the CITY shall maintain
statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State
of California. Policy shall include Employers' Liability (Coverage B) including Occupational
Disease with limits not less than $1,000,000 per person per accident. The policy shall be
endorsed to waive subrogation in favor of The County of Riverside, and, if applicable, to provide
a Borrowed Servant/Altemate Employer Endorsement.
B. Commercial General Liability:
Commercial General Liability insurance coverage, including but not limited to, premises
liability, contractual liability, products and completed operations liability, personal and
advertising injury, and cross liability coverage, covering claims which may arise from or out of
CITY 'S performance of its obligations hereunder. Policy shall name the County of Riverside, its
Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board
of Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined
single limit. If such insurance contains a general aggregate limit, it shall apply separately to this
agreement or be no less than two (2) times the occurrence limit.
C. Vehicle Liability:
If vehicles or mobile equipment are used in the performance of the obligations under this
Agreement, then CITY shall maintain liability insurance for all owned, non -owned or hired
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vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If
such insurance contains a general aggregate limit, it shall apply separately to this agreement or
be no less than two (2) times the occurrence limit. Policy shall name the County of Riverside, its
Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board
of Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds.
D. General Insurance Provisions - All lines:
1) Any insurance easier providing insurance coverage hereunder
shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII
(A:8) unless such requirements are waived, in writing, by the County Risk Manager. If the
County's Risk Manager waives a requirement for a particular insurer such waiver is only valid
for that specific insurer and only for one policy term.
2) The CITY'S insurance carrier(s) must declare its insurance self -
insured retentions. If such self -insured retentions exceed $500,000 per occurrence such
retentions shall have the prior written consent of the County Risk Manager before the
commencement of operations under this Agreement. Upon notification of self insured retention
unacceptable to the COUNTY, and at the election of the Country's Risk Manager, CITY 'S
carriers shall either; 1) reduce or eliminate such self -insured retention as respects this Agreement
with the COUNTY, or 2) procure a bond which guarantees payment of losses and related
investigations, claims administration, and defense costs and expenses.
3) CITY shall cause CITY'S insurance carrier(s) to furnish the
County of Riverside with either 1) a properly executed original Certificate(s) of Insurance and
certified original copies of Endorsements effecting coverage as required herein, and 2) if
requested to do so orally or in writing by the County Risk Manager, provide original Certified
copies of policies including all Endorsements and all attachments thereto, showing such
insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall
contain [he covenant of the insurance carrier(s) that thirty (30) days written notice shall be given
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to the County of Riverside prior to any material modification, cancellation, expiration or
reduction in coverage of such insurance. In the event of a material modification, cancellation,
expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the County
of Riverside receives, prior to such effective date, another properly executed original Certificate
of Insurance and original copies of endorsements or certified original policies, including all
endorsements and attachments thereto evidencing coverage s set forth herein and the insurance
required herein is in full force and effect. CITY shall not commence operations until the
COUNTY has been furnished original Certificate (s) of Insurance and certified original copies of
endorsements and if requested, certified original policies of insurance including all
endorsements and any and all other attachments as required in this Section. An individual
authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for
each policy and the Certificate of Insurance.
4) It is understood and agreed to by the parties hereto that the CITY'S
insurance shall he construed as primary insurance, and the COUNTY'S insurance and/or
deductibles and/or self -insured retention's or self -insured programs shall not be construed as
contributory.
5) If, during the term of this Agreement or any extension thereof,
there is a material change in the scope of services; or, there is a material change in the equipment
to be used in the performance of the scope of work which will add additional exposures (such as
the use of aircraft, watercraft, cranes, etc.); or. the term of this Agreement, including any
extensions thereof, exceeds five (5) years the COUNTY reserves the right to adjust the types of
insurance required under this Agreement and the monetary limits of liability for the insurance
coverage's currently required herein, it in the County Risk Manager's reasonable judgment, the
amount or type of insurance carried by the CITY has become inadequate.
6) CITY shall pass down the insurance obligations contained herein
to all tiers of subcontractors working under this Agreement.
7) The insurance requirements contained in this Agreement may be
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met with a program(s) of self-insurance acceptable to the COUNTY.
8) CITY agrees to notify COUNTY of any claim by a third party or
any incident or event that may give rise to a claim arising from the perfonnance of this
Agreement.
9. RECORDS AND INSPECTIONS.
A. CITY shall establish and maintain records in accordance with 24 CFR Part
570, Part 85, OMB Circular A-87, A-I33 and 24 CFR 91.105, as applicable, and as they relate to
the acceptance and use of federal funds under this Agreement.
B. CITY shall obtain an external audit in accordance with the U.S.
Department of Housing and Urban Development single audit regulations (24 CFR Part 44.6).
Audits shall usually be performed annually but not Less frequently than every two years.
Nonprofit institutions and government agencies that expend less than 8500,000 a year in
Federal awards are exempt from Federal audit requirements, but records must be available for
review by appropriate officials of the Federal grantor agency or subgranting entity. The audit
report shall he submitted to the COUNTY within 180 days after the end of the COUNTYS
fiscal year.
C. CITY shall maintain a separate account for CDBG Entitlement funds
received as set forth in Exhibits (A and B).
D. CITY shall, during the normal business hours, make available to
COUNTY, the U.S. Department of Housing and Urban Development (TIUD), or other authorized
representative, for the examination and copying, all of its records and other materials with
respect to matters covered by this Agreement.
E. CITY shall not retain any program income as defined in Section 570.500
of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the
activities that are the subject of this Agreement. Further, all provisions of this Agreement shall
apply to such activities.
F. The CITY shall ensure that at least fifty-one percent (51%) of the persons
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benefiting from all CDBG-funded activities or projects designated as serving limited clientele
[570208(a)(2)(i)] are of low and moderate -income and meet the program income guidelines
attached as Exhibits (A and B). The CITY and City's Sub -recipients must provide the required
income certification and direct benefit documentation
10. COMPLIANCE WITH LAWS. CITY shall comply with all applicable federal,
state, and local laws, regulations, and ordinances and any amendments thereto and the federal
regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY
is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of
Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent
replacement. CITY is to abide by the provisions of the Community Development Block Grant
Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement.
CITY will comply with Section 3 of the Housing & Urban Development Act of 1968, as
amended, attached hereto as Exhibit "S". CITY will comply with the provisions of 24 CFR Part
570.200 O, attached as Exhibit "R," pertaining to inherently religious activities.
11. INDEPENDENT CONTRACTOR. CITY and its agents, servants, and employees
shall act at all times in an independent capacity during the term of this Agreement, and shall not
act as, shall not be, nor shall they in any manner be construed to be agents, officers, or
employees of the COUNTY.
12. TERMINATION.
A. CITY. CITY may not terminate this Agreement except upon express
written consent of COUNTY.
B. COUNTY. Notwithstanding the provisions of Paragraph 12a, COUNTY
may suspend or terminate this Agreement upon a thirty (30) day written notice to CITY of action
being taken and the reason for such action:
(I) In the event CITY fails to perform the covenants herein contained
at such times and in such manner as provided in this Agreement; and
(2) In the event there is a conflict with any federal, state or local law,
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ordinance, re
untenable; or
on or rule rendering any of the provisions of this Agreement invalid or
(3) In the event the funding from the Department of Housing and
Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes
unavailable.
C. Upon suspension of this Agreement, CITY agrees to return any
unencumbered funds which it has been provided by COUNTY. In accepting said funds,
COUNTY does not waive any claim or cause of action it may have against CITY for breach of
this Agreement.
D. Reversion of Assets
Upon expiration of this Agreement, the CITY shall transfer to the
COUNTY any CDBG funds on hand at the time of expiration of the Agreement as well as any
accounts receivable held by CITY which are attributable to the use of CDBG funds awarded
pursuant to this Agreement.
2. Any real property under the CITY'S control that was acquired or
improved in whole or in part with CDBG funds (including CDBG funds provided to the
SPONSOR in the form of a loan) in excess of $25,000 is either:
(i) Used to meet one of the National Objectives in Sec.
570.208 until five years after expiration of this agreement, or for such longer period of time as
determined to be appropriate by the COUNTY; or
(ii) Not used in accordance with Section (i) above, in which
event the SPONSOR shall pay to the COUNTY an amount equal to the current market value of
the property less any portion of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property.
13. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of
Title 24 of the Federal Code of Regulations which requires that no person in the United States
shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be
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denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with Community Development funds.
14. PROHIBITION AGAINST CONFLICTS OF INTEREST
A. CITY and its assigns, employees, agents, consultants, officers and elected
and appointed officials shall become familiar with and shall comply with the CDBG regulations
prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "Cl"
and by this reference incorporated herein.
B. CITY and as assigns, employees, agents, consultants, officers, and elected
and appointed officials shall become familiar with and shall comply with Section A-I1 of the
County's CDBG Policy manual, attached hereto as Exhibit "Cl" and by this reference
incorporated herein.
C. CITY understands and agrees that no waiver of exception can be granted
to the prohibition against conflict of interest except upon written approval of HUD pursuant to
24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY
to determine whether such request is appropriate for submission to HUD. In determining whether
such request is appropriate for submission to FIUD, COUNTY will consider the factors listed in
24 CFR 570.611 (e).
D. Prior to any funding under this Agreement, CITY shall provide COUNTY
with a list of all employees, agents, consultants, officers and elected and appointed officials who
are in a position to participate in a decision making process, exercise any functions or
responsibilities, or gain inside information with respect to the CDBG activities funded under this
Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including
even the appearance of conflict that may arise with respect to the CDBG activities funded under
this Agreement.
E. Any violation of this section shall he deemed a material breach of this
Agreement, and the Agreement shall be immediately terminated by the COUNTY.
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15. PROJECT ELIGIBII ITY As to CITY or its claimants, COUNTY shall bear no
liability for any later determination by the United States Government, the Department of
Housing and Urban Development or any other person or entity that CITY is or is not eligible
under 24 CFR Part 570 to receive CDBG funds.
16. USE OF PROPERTY. Whenever federal CDBG funds or program income are
used, in whole or in part, for the purchase of equipment or personal property, the property shall
not be transferred from its originally funded use, by CITY or sub -recipient, for a period of five
(5) years from the close-out date of the grant from which CDBG assistance was provided. The
CITY shall maintain a current inventory for COUNTY monitoring and review.
17. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY
agrees to notify and to require any lessee or assignee to notify Riverside County Workforce
Development Center of any and all job openings that are caused by this project.
18. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to
this Agreement, during the term of this Agreement, will make reference to the Contribution of
the County of Riverside, the Economic Development Agency, and the Community Development
Block Grant Program in making the project possible.
19. PROGRAM MONITORING AND EVALUATION. CITY and its sub -recipients
shall be monitored and evaluated in terms of its effectiveness and timely compliance with the
provisions of this Agreement and the effective and efficient achievement of the Program
Objectives. Quarterly reports shall be due on the last day of the month immediately following the
end of the quarter being reported. The quarterly written reports shall include, but shall not be
limited to, the following data elements:
A. Title of program, listing of components, description of
activities/operations.
B. The projected goals, indicated numerically, and also the goals achieved
(for each report period). In addition, identify by percentage and description, the progress
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achieved towards meeting the specified goals and identify any problems encountered in meeting
goals.
C. If the CDBG-funded Activity meets a National Objective under 24 CFR
570.208 (a)(2)(i), CITY will report the following:
1) Total number of direct beneficiaries (clientele served) with
household incomes at
• Above 80% MHI
• Between 50% and 80% MHI (Low -Income)
• Between 30% and 50% MHI (Very Low -Income)
• Less than 30% MHI (Extremely Low -Income)
2) Total number and percent (%) of the clientele served that have
household incomes at or below 80% MHI
3) Racial ethnicity of clientele
4) Number of Female -Headed Households
D. CITY and its sub -recipients shall report beneficiary statistics monthly to
EDA on the pre -approved Direct Benefit Form and Sell -Certification Form (certifying income,
family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to CITY
by EDA should HUD implement changes during the term of this agreement. CITY and sub -
recipients will collect and provide all necessary data required by HUD pertaining to the Specific
Outcome Indicators as identified in the CPD Outcome Performance Measurement System.
20. SOURCE OF FUNDING. CITY acknowledges that the source of funding
pursuant to this Agreement is Community Development Block Grant (CFDA 14.218).
21. ENTIRE AGREEMENT- It is expressly agreed that this Agreement together with
the cooperation Agreement between the parties, embodies the entire agreement of the parties in
relation to the subject matter thereof, and that no other Agreement or understanding, verbal or
otherwise, relative to this subject matter, exists between the parties at the time of execution.
PACKET PAGE: 102
AGENDA ITEM 3A.9
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22. MINISTERIAL ACTS. The Assistant County Executive Offcer/EDA or
designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to
implement the terms, provisions, and conditions of this Agreement as it may be amended from
time to time by COUNTY.
23. PRIOR AUTHORIZATION. CITY shall obtain COUNTY written approval
from the Economic Development Agency prior to implementing the following "high risk"
activities funded with CDBG assistance:
A. Construction of public facilities (project plans and specifications);
B. Acquisition of real property;
C. Historic Preservation;
D. Relocation; and
F. Economic Development
23. MODIFICATION OF AGREEMENT. This Agreement may be modified or
amended only by a writing signed by the duly authorized and empowered representative of
COUNTY and CITY respectively.
SIGNATURES ON NEXT PAGE
PACKET PAGE: 103
AGENDA ITEM 3A.9
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IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement as
of the date listed below.
DATED:
COUNTY OF RIVERSIDE
By:
By.
Suzanne Holland
Assistant Director of EDA
CITY OF SAN JACINTO
Mayor
SH JT mmv
PACKET PAGE: 104
AGENDA ITEM 3A.9
EXHIBIT A
File No.: 3.SJ.01-12
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
GENERAL INFORMATION
CITY NAME City of San Jacinto
ADDRESS: 595 S San Jacinto Avenue
San Jacinto, CA 92583
PROGRAM CONTACTS: Sharon Paisley
PHONE: (951) 487-7330 FAX: (951)654-3728
E-MAIL:
PROJECT NAME: Targeted Code Enforcement
PROJECT LOCATION: San Jacinto, CA
LEVEL OF ENVIRONMENTAL CLEARANCE:
CDBG ELIGIBILITY CODE:
PROJECT FUNDING SUMMARY: S203,179
Project to be administered by County (EDA) on behalf of City: YES E NO
II. SCOPE OF SERVICE
A. Activities
City will be responsible for administering a 2012-2013 Community Development Block Grant
for the Targeted Code Enforcement in a manner satisfactory to the County of Riverside and
consistent with any standards required as a condition of providing these funds. Such program
will include the following activities eligible under the Community Development Block Grant
program:
Activity #1 CDBG funds will be used by the City to conduct enhanced code enforcement
activities in targeted areas. The purpose of code enforcement is to enhance
public safely and the quality of life, through fair enforcement of laws and codes,
in partnership with communities, as well as, private and publicaly-funded
improvements, rehabilitation, and other services. The CDBG funded code
enforcement will target dangerous and substandard structures, zoning violations,
Page 1 of 6
PACKET PAGE: 105
AGENDA ITEM 3A.9
EXHIBIT A
File No.: 3.SI.01-12
and other health and safety issues, Eligible costs include the salaries, overhead,
and related expenses of code enforcement officers.
B. National Objective
All activities funded with CDBG funds must comply with one of more of the CDBG program's
National Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the
activity(ies) carried out under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (a)(I)(i)
CFR Reference: Low Mod Area
C. Levels of Accomplishment — Goals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #1; Target dangerous and substandard structures, zoning violations, and other health and safety
issues, and enhance public safety and the quality of life, through fair enforcement of laws and codes
CPD OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one): ❑ Creating Suitable Living Environments
❑ Providing Decent Affordable Housing
❑ Creating Economic Opportunities
Outcome (select one): E Availability/Accessibility
• Affordability
0 Sustainability (promoting Livable or viable communities)
D. City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of
trained and knowledgeable staff, adequate facilities, proper equipment, required licensing and
permitting, and sufficient amount of financial resources necessary to implement and carry out the
activities funded with CDBG funds.
City will immediately notify County of any significant changes in organizational management,
assigned staff, change in facilities, loss or change in matching funds, or any other event that could
potentially impact the City or subrecipient's performance under this Agreement. Any changes in
the above items are subject to the prior approval of the County.
E. Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against
goals and performance standards as stated above. Substandard performance as determined by the
Page 2 of 6
PACKET PAGE: 106
AGENDA ITEM 3A.9
EXHIBIT A
File No.: 3.S7.01-12
County will constitute noncompliance with this Agreement. If action to correct such substandard
performance is not taken by the City within a reasonable period of time after being notified by
the County, contract suspension or termination procedures will be initiated.
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed 3203,I79 Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in this Section and in accordance with performance.
Payments may be contingent upon certification of the Subrecipient's financial management
system in accordance with the standards specified in 24 CFR 84.21.
The County may require a more detailed budget breakdown than the one contained herein, and
the City shall provide such supplementary budget information in a timely fashion in the form and
content prescribed by the County. Any amendments to the budget must be approved in writing
by both the County and City.
Line Item
Design/Engineering Costs
Li
Project Administration Costs
C
Construction Costs
J
El
Acquisition Costs
Relocation Costs
C—.
Capital Equipment Costs
F
Code Enforcement
Clearance
( i
Interim Assistance
--En
Other:
IT
Page 3 of 6
PACKET PAGE: 107
AGENDA ITEM 3A.9
EXHIBIT A
File No.: 3.SJ,01-12
G. Total Amount of Non- CDBG Leveraging
TYPE SOURCE. AMOUNT SOURCE AMOUNT SOURCE
FEDERAL
STATE/LOCA'.
PRIVATE
OTHER
I11. ADMINISTRATIVE REQUIREMENTS
AMOUNT TOTAL
$O
SO
SO
$O
TOTAL: SO
A. Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls,
and maintain necessary source documentation for all costs incurred.
B. Cost Principles
The City shall administer its program in conformance with OMB Circulars A-122, "Cost
Principles for Non -Profit Organizations," A-21, "Cost Principles for Educational
Institutions,." or OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments as applicable. These principles shall be applied for all costs inured
whether charged on a direct or indirect basis.
C. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified
in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement.
Such records shall include but not be limited to:
Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
iii. Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG assistance;
v. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28;
and
vii. Other records necessary to document compliance with Subpart K of 24
CFR Part 570.
Page 4 of 6
PACKET PAGE: 108
AGENDA ITEM 3A.9
EXHIBIT A
File No.: 3.SJ.01-12
2. Records Retention
The City shall retain all financial records, supporting documents, statistical records, and
all other records pertinent to the Agreement for a period of five (5) years. The retention
period begins on the date of the submission of the County's annual performance and
evaluation report to HUD in which the activities assisted under the Agreement are
reported on for the final time. Notwithstanding the above, if there is litigation, claims,
audits, negotiations or other actions that involve any of the records cited and that have
started before the expiration of the five-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the five-
year period, whichever occurs later.
3. Client Data
The City shall maintain client data demonstrating client eligibility for services provided.
Such data shall include, but not be limited to, client name, address, income level or other
basis for determining eligibility, and description of service provided. Such information
shall be made available to County monitors or their designees for review upon request.
4. Disclosure
The City understands that client information collected under this contract is private and
the use or disclosure of such information, when not directly connected with the
administration of the County's or City's responsibilities with respect to services provided
under this contract, is prohibited by applicable federal and State law unless written
consent is obtained from such person receiving service and, in the case of a minor, that of
a responsible parent/guardian.
5. Close-outs
The City's obligation to the County shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to the County), and determining the custodianship of records. Not
withstanding the foregoing, the terms of this Agreement shall remain in effect during any
period that the City has control over CDBG funds, including program income.
6. Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made
available to the County, HUD, and the Controller General of the United States or any of
their authorized representatives, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data. Any deficiencies noted in audit reports must he fully cleared by the City within 30
days after receipt by the City. Failure of the City to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding
of future payments. The City hereby agrees to have an annual agency audit conducted in
accordance with current County policy concerning subrecipient audits and OMB Circular
A-133.
Page 5 of 6
PACKET PAGE:109
AGENDA ITEM 3A.9
EXHIBIT A
FileNo.: 3.SJ.01-12
IV. PROJECT IMPLEMENTATION AND SCIIEDUL
Unless pre -approved by County, City will perform and complete the activities described
in Section II in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone
Attend Mandatory Cooperating
City Training
Implement Project Activities
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks / Milestone
Submit Quarterly Performance
Reports to County
County Monitoring of City
Program/Performance
Specific Project Activities
City Submits Reimbursement
Requests
Monthly Submittal
Other Schedule
CDBG-funded Project Complete
Start Date
August 2012
Upon Notification from EDA
August 2012
Start Date
Completion Date
August 2012
September 2012
Completion Date
October 15, 2012
January 15, 2013
April 15,2013
July 31, 2013
To be determined by Program Manager
To be determined by Program Manager
June 6,2012
June 30, 2013
V. SPECIAL CONDITIONS /PERFORMANCE REQUIREMENTS
Page 6 of 6
PACKET PAGE: 110
AGENDA ITEM 3A.9
EXHIBIT B
File No.: 3.SJ.02-12
GENERAL INFORMATION
CITY NAME:
City of San Jacinto
SUPPLEMENTAL AGREEMENT
SCOPE OF WORK
(NON-PUBLIC SERVICE)
ADDRESS: 595 S. San Jacinto Avenue
San Jacinto, CA 92583
PROGRAM CONTACTS: Sharon Paisley, Development Director
PHONE: FAX:
E-MAIL:
PROJECT NAME: San Jacinto Downtown Street Improvement Project
PROJECT LOCATION: Various low mod tracts in San Jacinto
LEVEL OF ENVIRONMENTAL CLEARANCE:
CDBG ELIGIBILITY CODE:
PROJECT FUNDING SUMMARY: S406,358
Project to be administered by County (EDA) on behalf of City: YES ❑ NO
IL SCOPE OF SERVICE
Activities
City will be responsible for administering a 2012-2013 Community Development Block Grant for the
San Jacinto Downtown Street Improvement Project in a manner satisfactory to the County of
Riverside and consistent with any standards required as a condition of providing these funds. Such
program will include the following activities eligible under the Community Development Block Grant
program:
Activity # I
CDBG funds will be used by the City of San Jacinto to construct street improvements
that consist of pavement, grinding, overlay, and striping, as well as minor curb/gutter
and sidewalk enhancements in (owanoderate income areas of the city,
Page 1 of 6
PACKET PAGE: 111
AGENDA ITEM 3A.9
EXHIBIT B
File No.: 3.57.02-12
National Objective
All activities funded with CDBG funds must comply with one of mare of the CDBG program's National
Objective Criteria as required under 24 CFR 570.200(a)(2). City certifies that the activity(ies) carried out
under this Agreement will meet the following National Objective:
National Objective Criteria: 570.208 (MO )(i)
CFR Reference. Low Mod Area
Levels of Accomplishment— coals and Performance Measures
The City agrees to implement and complete the following activity(ies):
Activity #1
Activity #2
CPI) OUTCOME PERFORMANCE MEASUREMENT
Objectives (select one):
Outcome (select one):
® Creating Suitable Living Environments
Providing Decent Affordable Housing
Creating Economic Opportunities
Availability/Accessibility
Affordability
® Sustainability (promoting livable or viable communities)
City Capacity
By executing this Supplemental Agreement, the City certifies that it has the appropriate number of trained
and knowledgeable staff, adequate facilities, proper equipment, required licensing and permitting, and
sufficient amount of financial resources necessary to implement and carry out the activities funded with
CDBG funds.
City will immediately notify County of any significant changes in organizational management, assigned
staff, change in facilities, loss or change in matching funds, or any other event that could potentially impact
the City or subrecipient's performance under this Agreement.
Any changes in the above items arc subject to the prior approval of the County.
Performance Monitoring
The County of Riverside will monitor the performance of the City and its subrecipients against goals and
performance standards as stated above. Substandard performance as determined by the County will
constitute noncompliance with this Agreement. If action to correct such substandard performance is not
taken by the City within a reasonable period of time after being notified by the County, contract
suspension or termination procedures will be initiated.
Page 2 of 6
PACKET PAGE: 112
AGENDA ITEM 3A.9
EXHIBIT B
File No.: 3.SJ.02-12
F. Program Budget
It is expressly agreed and understood that the total amount to be paid by the County under this Agreement
shall not exceed $406,358 Dmwdowns for the payment of eligible expenses shall be made against the line
item budgets specified in this Section and in accordance with performance. Payments may be contingent
upon certification of the Subrecipient s financial management system in accordance with the standards
specified in 24 CFR 84.21,
The County may require a more detailed budget breakdown than the one contained herein, and the City
shall provide such supplementary budget information in a timely fashion in the form and content
prescribed by the County. Any amendments to the budget must be approved in writing by both the
County and City.
Line Item
Design/Engineering Costs
Project Ad m in (ration Costs
❑
Construction Costs
Acquisition Costs
❑
Relocation Costs
❑
Capital Equipment Costs
❑
Code Enforcement
❑
Clearance
❑
Interim Assistance
❑
O her:
❑
r7si .:y.n,
s
k�ti
k t
Page 3 of 6
PACKET PAGE: 113
AGENDA ITEM 3A.9
Total Amount of Non- CDBG Leveraging
TYPE SOURCE AMOUNT
FEDERAL
STATE/LOCAL
PRIVATE
OTHER
SOURCE
ADMINISTRATIVE REQUIREMENTS
EXFIIBIT B
File No.: 3.8102-12
AMOUNT SOURCE AMOUNT TOTAL
$0
SO
SO
SO
TOTAL: SO
Accounting Standards
The City agrees to comply with 24 CFR 84 or 85 as applicable and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
Cost Principles
The City shall administer its program in conformance with OMB Circulars A-I22, "Cost
Principles for Non -Profit Organizations,' A-21, "Cost Principles for Educational Institutions," or
OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments as
applicable. These principles shall be applied for all costs incurred whether charged on a direct or
indirect basis.
Documentation and Record Keeping
Records to be Maintai ed
The Subrecipient shall maintain all records required by the Federal regulations specified in 24
CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records
shall include but not be limited to:
Records providing a full description of each activity undertaken;
ii. Records demonstrating that each activity undertaken meets one of the National
Objectives of the CDBG program;
Records required to determine the eligibility of activities;
iv. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
Records documenting compliance with the fair housing and equal opportunity
components of the CDBG program;
vi. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and
vii. Other records necessary to document compliance with Subpart K of 24 CFR Part
570.
Page 4 of 6
PACKET PAGE: 114
AGENDA ITEM 3A.9
EXHIBIT B
File No.: 3.SI.02-12
Records Retention
The City shall retain all financial records, supporting documents, statistical records, and all other
records pertinent to the Agreement for a period of five (5) years. The retention period begins on
the date of the submission of the County's annual performance and evaluation report to HUD in
which the activities assisted under the Agreement are reported on for the final time.
Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that
involve any of the records cited and that have started before the expiration of the five-year period,
then such records must be retained until completion of the actions and resolution of all issues, or
the expiration of the five-year period, whichever occurs later.
Client Data
The City shall maintain client data demonstrating client eligibility for services provided. Such
data shall include, but not be limited to, client name, address, income level or other basis for
determining eligibility, and description of service provided. Such information shall be made
available to County monitors or their designees for review upon request.
Disclosure
The City understands that client information collected under this contract is private and the use or
disclosure of such information, when not directly connected with the administration of the
County's or City's responsibilities with respect to services provided under this contract, is
prohibited by applicable federal and State law unless written consent is obtained from such
person receiving service and, in the case of a minor, that of a responsible parent/guardian.
Close-outs
The City's obligation to the County shall not end until all close-out requirements arc completed.
Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
unspent cash advances, program income balances, and accounts receivable to the County), and
determining the custodianship of records. Not withstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that the City has control over CDBG funds,
including program income.
Audits & Inspections
All City records with respect to any matters covered by this Agreement shall be made available to
the County, HUD, and the Controller General of the United States or any of their authorized
representatives, at any time during normal business hours, as often as deemed necessary, to audit,
examine, and make excerpts or transcripts of au relevant data. Any deficiencies noted in audit
reports must be fully cleared by the City within 30 days after receipt by the City. Failure of the
City to comply with the above audit requirements will constitute a violation of this contract and
may result in the withholding of future payments. The City hereby agrees to have an annual
agency audit conducted in accordance with current County policy concerning subrecipient audits
and OMB Circular A-I33.
Page 5 of 6
PACKET PAGE: 115
AGENDA ITEM 3A.9
EXHIBIT B
File No.: 3.SJ.02-12
IV. PROJECT IMPLEMENTATION AND SCHEDULE
Unless pre -approved by County, City will perform and complete the activities described in
Section It in conformance with the schedule of tasks and milestones listed below:
Tasks / Milestone
Attend Mandatory Cooperating
City Training
Start Date Completion Date
August2012 August 2012
Implement Project Activities Upon Notification from EDA
Execute Supplemental Agreement
& Notice to Incur Cost
Tasks / Milestone
Submit Quarterly Performance
Reports to County
August 2012 September 2012
Start Date Completion Date
October 15, 2012
January 15, 2013
April 15, 2013
July 31, 2013
County Monitoring of City To be determined by Program Manager
Program/Performance
Specific Project Activities
1. City executes Supplemental Agreement; receives authorization to incur cost letter
2. City prepares final construction bid documents for EDA review and approval
3. EDA authorizes City to advertise for bids
4. EDA reviews and approves bidding process
5. City awards construction contract(s)
6. City and EDA conduct "pre -construction meeting"
7. EDA authorizes City to issue "Notice to Proceed"
City Submits Reimbursement
Requests
Monthly Submittal
Other Schedule
CDBG-funded Project Complete
TBD
Page 6 of 6
PACKET PAGE: 116
AGENDA ITEM 3A.9
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 1 of 4
S 570.611 Conflict of interes
(a) Applicability.
(1) In the procurement of supplies, equipment, construction, and
services by recipients, and by subrecipients (1.ncluding those specified at §
570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB
Circular A 110, respectively, shall. apply.
2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110,
the provisions of this section shall apply. Such cases include the
acquisition and disposition of real property and the provision of assistance
by the recipient, by its subrecipients, or to individuals, businesses and
other private entities under eligible activities which authorize such
assistance (e.g., rehabilitation, preservation, and other improvements of
private properties or facilities pursuant to 3 5I0.202, or grants, loans and
other assistance to businesses, individuals and other private entities
pursuant to 3 510-203, S 570.204 or 4 570.455).
(b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries
and other related administrative or personnel costs, the general rule is
that no persons described in paragraph (0) of this section who exercise or
have exercised any functions or responsibilities with respect to CDBG
activities assisted under this part or who are in a position to participate
in a decision making process or gain inside information with regard to such
activities, may obtain a personal or financial interest or benefit from a
CDBG assisted activity, or have an interest in any contract, subcontract or
agreement with respect thereto, or the proceeds thereunder, either for
themselves or those with whom they have family or business ties, during
their tenure or for one year thereafter. For the UDAG program, the above
restrictions shall apply to all activities that are a part of the UDAG
project, and shall cover any such interest or benefit during, or at any time
after, such person's tenure.
(c) Persons covered. The conflict of interest provisions of paragraph (b)
of this section apply to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of the recipient, or of
any designated public agencies, or subrecipients which are receiving funds
under this part.
(d) Exceptions: threshold requirements. Upon the written request of the
recipient, HUD may grant an exception to the provisions of paragraph (b) of
this section on a case -by -case basis when it determines that such an
exception will serve to further the purposes of the Act and the effective
and efficient administration of the recipient's program or project. An
exception may be considered only after the recipient has provided the
following:
PACKET PAGE: 117
AGENDA ITEM 3A.9
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 2 of 4
(1) A disclosure of the nature of the conflict, accompanied by an
assurance that there has been public disclosure of the conflict and a
description of how the public disclosure was made; and
(2) An opinion of the recipient's attorney that the interest for which
the exception is sought would not Violate State or local law.
(e) Factors to be considered for exceptions. In determining whether to grant
a requested exception after the recipient has satisfactorily met the
requirements of paragraph (d) of this section, HUD shall consider the
cumulative effect of the following factors, where applicable-
(1) Whether the exception would provide a significant cost benefit or an
essential degree of expertise to the program or project which would otherwise
not be available;
(2) Whether an opportunity was provided for open competitive bidding or
negotiation;
;3) Whether the person affected is a member of a group or class of low
or moderate income persons intended to be the beneficiaries of the assisted
activity, and the exception will permit such person to receive generally the
same interests or benefits as are being made available or provided to the group
or class;
(4) Whether the affected person has withdrawn from his or her functions
or responsibilities, or the decision making process with respect to the
specific assisted activity in question;
(5) Whether the interest or benefit was present before the affected
person was in a position as described in paragraph (b) of this section;
(6) Whether undue hardship will result either to the recipient or the
person affected when weighed against the public interest served by avoiding the
prohibited conflict; and
(7) Any other relevant considerations.
PACKET PAGE: 118
AGENDA ITEM 3A.9
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 3 of 4
Community Development Block Grant
Policy Manual
I.D. X A-11
(pg. 1 of 2)
TOPIC: CONFLICT OF INTEREST CODED
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: October 1989
This Conflict of Interest Code is written to comply with Federal Regulations
(24 CFR Part 85). These Regulations. "Administrative Requirements for Grants
and Cooperative Agreements to State, Local and Federally Recognized Indian
Tribal Governments" require that grantees and sub -grantees will maintain a
written code of standards of conduct governing the performance of their
employees engaged in the award and administration of contracts.
1) No employee, officer or agent of the grantee shall participate in the
selection, in the award or in the administration of a contract supported by
Federal Funds if a conflict of interest, real or apparent, would be involved.
2) Such a conflict willarise when:
i) The employee, officer or agent,
ii) Any member of the immediate family;
ill) His/Her partners, or;
iv) An organization which employs, or is about to employ ..ny of the
above has a financial or other interest in the firm's selection
for award.
3) The grantee's or sub -grantee's officers, employees or agents will neither
solicit nor accept gratuities, favors or anything of monetary value from
contractors or parties to sub -agreements except as noted in Section 4.
4) A grantee's or sub -grantee's officers, employees or agents will be presumed
to have a financial interest in a business if their financial interest exceeds
the following:
i) Any business entity in which the official has a direct or indirect
investment worth one thousand dollars ($1,000) or more.
Any real property in which the official has a direct or indirect
interest worth one thousand dollars ($1,000) or more.
PACKET PAGE: 119
AGENDA ITEM 3A.9
EXHIBIT CI
Prohibition Against Conflicts of Interest
Page 4 of 4
Community Development Block Grant
Policy Manual
I.D. 0 A-11
(pg. 2 of 2)
TOPIC: CONFLICT OF INTEREST CODE
RIVERSIDE COUNTY
ECONOMIC DEVELOPMENT AGENCY
DATE: October 1989
ill; Any source of income, other than gifts and other than
Loans by a commercial lending institution in the regular
course of business on terms available to the public
without regard to official status, aggregating two
hundred fifty dollars ( $250) or more in value provided
to, received by or promised to the official within 12
months prior to the time when the decision is made.
iv) Any business entity in which the official is a director,
officer, partner, trustee, employee, or holds any
position of management.
v) Any donor of, or any intermediary or agent for a donor
of, a gift or gifts aggregating two hundred fifty
dollars ($250) or more in value provided to, received
by, or promised to the official within 12 months prior
to the time when the decision is made.
5) For purposes of Section 4, indirect investment or interest means any
investment or interest owned by the spouse or dependent child of an
official, by an agent on behalf of an official, or by a business
entity or trust in which the official, the official's agents,
spouse, and dependent children own directly, indirectly, or
beneficially a 10-percent interest or more.
PACKET PAGE: 120
AGENDA ITEM 3A.9
EXHIBIT "R"
Constitutional Prohibition
In accordance with First Amendment Church/State Principles, as a general rule,
CDBG/ESG assistance may not be used for religious activities or provided to primarily
religious entities for any activities, including secular activities. The following
restrictions and limitations therefore apply to the use of CDBG/ESG funds.
(1) CDBG/ESG funds may not be used for the acquisition of Property or the
construction or rehabilitation (including historic preservation and removal of
architectural barriers) of structures to be used for religious purposes or which will
otherwise promote religious interests. This limitation includes the acquisition of
property for ownership by primarily religious entities and the construction or
rehabilitation (including historic preservation and removal of architectural
barriers) of structures owned by such entities (except as permitted under paragraph
(j)(2) of this section with respect to rehabilitation and under paragraph (j)(4) of
this section with respect to repairs undertaken in connection with public services)
regardless of the use to be made of the propertyor structure. Property owned by
primarily religious entities may be acquired with CDBG/ESG funds at no more than fair
market value for a non -religious use.
(2) CDBG/ESG funds may be used to rehabilitate buildings owned by primarily
religious entities to be used for a wholly secular purpose under the following
conditions:
(i) The building (or portion thereof) that is to be improved with the
CDBG/ESG assistance has been leased to an existing or newly -established wholly
secular entity (which may be an entity established by the religious entity);
(ii) The CDBG/ESG assistance is provided to the lessee (and not the
lessor) to make the improvements;
(iii) The leased premises will be used exclusively for secular purposes
available to persons regardless of religion;
(iv) The lease payments do not exceed the fair market rent of the
premises as they were before the improvements are made;
(v) The portion of the cost of any improvements that also serve a non -
leased part of the building will be allocated to and paid for by the lessor;
(vi) The lessor enters into a binding agreement that unless the lessee,
or a qualified successor lessee, retains the use of the leased premises for a wholly
secular purpose for at least the useful life of the improvements, the lessor will pay
to the lessee an amount equal to the residual value of the improvements;
(vii) The lessee must remit the amount received from the lessor under
subparagraph (2)(vi) of this section to the recipient or subrecipient from which the
CDBG/ESG funds were derived.
PACKET PAGE: 121
AGENDA ITEM 3A.9
EXHIBIT "R^
Constitutional Prohibition
Page 2
The lessee can also enter into a management contract authorizing the lessor
religious entity to use the building far its intended secular purpose, e.g., homeless
shelter, provision of public services. In such case, the religious entity must agree
in the management contract to carry out the secular purpose in a manner free form
religious influences in accordance with the principles set forth in paragraph (j)(3)
of this section.
(3) As a general rule, CDBG/ESG funds may be used for eligible public services
to be provided through a primarily religious entity, where the religious entity
enters into an agreement with the recipient or subrecipient from which the CDBG/ESG
funds are derived that, in connection with the provision of such services:
(i) it will not discriminate against any employee or applicant for
employment on the basis of religion and will not limit employment or give preference
in employment to persons on the basis of religion.
(ii) It will not discriminate against any person applying for such public
services on the basis of religion and will not limit such services or give preference
to persons on the basis of religion;
(iii) It will provide no religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such public services;
(iv) The portion of a facility used to provide the public services shall
contain no religious symbols or decorations, other than those permanently affixed to
or part of the structure.
(4) Where the public services provided under paragraph (j)(3) of this section
are carried out on property owned by the primarily religious entity, CDBG/ESG funds
may also be used for minor repairs to such property which are directly related to
carrying out the public services where the cost constitutes in dollar terms only an
incidental portion of the CDBG/ESG expenditure for the public services.
PACKET PAGE: 122
AGENDA ITEM 3A.9
EXHIBIT "S"
Page 1 of 2
Economic opportunities for Section 3 Residents and Section 3 Business Concerns
Sec. 135.38 Section 3 clause.
All Section 3 covered contracts shall include the following clause (referred to
as the Section 3 Clause);
A. The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1960, as
amended, 12 U.S.C. 1101u (Section 3). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD -
assisted projects covered by Section 3, shall, to the greatest extent feasible,
be directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
!3. The parties to this contract agree to comply with HUD's regulations in
24 CFR part 135, which implement Section 3. As evidenced by their execution of
this contract, the parties to this contract certify that they are under no
contractual or other impediment that would prevent them from complying with the
part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places
at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name
and location of the person(s) taking applications for each of the positions; and
the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every
subcontract subject to compliance with regulations in 24 CFR part 135, and agrees
to take appropriate action, as provided in an applicable provision of the
subcontract or in this Section 3 clause, upon a finding that the subcontractor is
in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge
that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
PACKET PAGE: 123
AGENDA ITEM 3A.9
EXHIBIT "S"
Page 2 of 2
The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities
to be directed, were not filled to circumvent the contractor's obligations under
24 CFR part 135.
F. The contractor will
including training positions,
selected but before the contra
certify that any vacant employment positions,
that are filled (1) after the contractor is
ct is executed, and (2) with persons other than
those to whom the regulations of 24 CFR part 135 require employment opportunities
to be directed, were not filled to circumvent the contractor's obligations under
24 CFR part 135.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
H. With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self -Determination and
Education Assistance Act (25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 1(b) requires that to the greatest extent
feasible (i) preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and
Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with Section 0(b).
PACKET PAGE: 124
AGENDA ITEM 3A.1O
TO:
October 2, 2012
The Honorable Mayor and Members of the City Council
FROM: Asher Hartel, Planning Director
Mike Hasapes, Assistant Planner
SUBJECT: Resolution No, 3443 / A resolution to Deny Conditional Use Permit 3-12,
to establish a Banquet Hall in an existing commercial suite. The site is
located on the west side of State Street approximately 250 feet south of
Seventh Street with an address of 790 S. State Street, Suite G. (APN
435-330-016)
Applicant: Jeff Rahman
311 S. State St.
Hemet, CA 92543
RECOMMENDATION:
Staff recommends that City Council, by motion:
Adopt Resolution No. denying Conditional Use Permit 3-12, based upon the
Findings of Fact in the Resolution,
BACKGROUND:
On September 18, 2012 the City Council, by a 5-0 vote, denied the Planning
Commission's recommendation to establish a Banquet Hall in an existing commercial
suite located on the west side of State Street, approximately 250 feet south of Seventh
Street (790 S. State Street, Suite G), Staff was instructed to prepare a resolution of
denial identifying the reasons for the rejection of the application.
DISCUSSION:
The application is for a Conditional Use Permit to establish a 3,750 square foot
Community Events Hall. The events hall was proposed to be located at the rear of an
existing building located within the M-1 Zone (Industrial Zone), A banquet hall is not
listed in Article 13 of the City Zoning Ordnance (M-1, Industrial Zone) as either a
permitted or conditionally permitted use. However, the City Council and/or Planning
Commission may determine that a use that is not listed is of the same general character
as other conditionally permitted uses within the M-1 Zone, The City Council determined
PACKET PAGE:125
AGENDA ITEM 3A.10
that the proposed site was not designed for this type of use and the proposed use does
not meet the intent of the M-1 (Light Manufacturing) Zone.
In addition, because the site didn't have adequate parking to serve the proposed use, a
joint use of off-street parking facilities was requested. The proposed additional parking
is located across Seventh Street at another shopping center. The City Council
determined that the proposed joint use parking arrangement did not meet the objectives
of the City's parking ordinance, and would place visitors to the proposed banquet hall in
extreme danger and could force banquet hall patrons to trespass across an adjacent
parcel.
BUDGETARY IMPACT:
None
ATTACHMENTS:
■ City Council Resolution
PACKET PAGE: 126
AGENDA ITEM 3A.1O
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, DENYING A CONDITIONAL
USE PERMIT TO ESTABLISH A COMMUNITY EVENTS
(BANQUET ) HALL AT 790 S. STATE STREET, SUITE G
(APN 435-330-016): CUP NO. 3-12.
WHEREAS, Jeff Rahman filed an application, File No. CUP 3-12, for a
conditional use permit to allow the establishment of a 3,750 square foot community events
(banquet) hall ("Application") at an existing commercial building located at 790 S. State
Street, Suite G, San Jacinto CA, APN 435-30-016 ('Subject Site"); and
WHEREAS, the Subject Property is designated by the General Plan as
"Industrial" and Is zoned Industrial (M-1); and
WHEREAS, on August 20, 2012, the City Council set a public hearing for
CUP 3-12, rather than ratifying the Planning Commission's approval of said Application;
and
WHEREAS, on September 18, 2012, the City Council conducted a duly
noticed public hearing concerning CUP 3-12, at which all persons wishing to be heard were
provided an opportunity to provide information to the City Council; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO
RESOLVES AS FOLLOWS:
SECTION 1. Based on the entire record before the City Council, all written
and oral evidence presented to the City Council, and the findings set forth in this
Resolution, the City Council denies the Application for Conditional Use Permit No. 3-12, a
request to allow the establishment of a 3,750 square foot community events (banquet) hall
at an existing commercial building located at the Subject Site,
SECTION 2, Based on the entire record before the City Council and all
written and oral evidence presented to the City Council, including the staff report, the City
Council finds as follows:
A. That the proposed location of the conditional use is not in accord with
the objectives of the City of San Jacinto's Zoning Ordinance and the purposes of the zone
in which the site is located, This is because:
PACKET PAGE:127
AGENDA ITEM 3A.10
1. The purpose of the Industrial (M-1) zone is "to encourage sound
industrial development in the city by providing and protecting an environment exclusively
for such development". The City Council determines that a community events (banquet)
hall would not encourage sound industrial development, such as use is not industrial in
character.
8. That the proposed location of the conditional use and the conditions
under which it would be operated or maintained would be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the vicinity. This
is because:
1. The Subject Site was not designed to accommodate assembly type
uses, such as a community events (banquet) hall, and therefore on -site parking is
inadequate.
2. The provision of parking by way of an off -site parking lot, across a
busy City street (7th Street) would place visitors to the banquet hall in extreme danger
when walking to and from their parked vehicles. The likelihood of such danger would be
exacerbated by the potential for either permitted or unpermitted alcohol consumption
during banquets.
3. The close proximity of the building proposed to be used as a banquet
hall to the adjacent property (on the Southwest corner of 7th and State St.) would be
materially injurious to that property, since visitors to the banquet hall would be inclined to
trespass onto such property, including both as pedestrians as well as by driving and
parking vehicles on such adjacent property.
C. That the proposed conditional use would not comply with each of the
applicable provisions of the City of San Jacinto's Ordinance. This is because:
1. A community events (banquet) hall is not listed as permitted or
conditionally permitted use within the Industrial (M-1) Zone, and the City Council
determines that a community events (banquet) hall is not of the same general character as
those permitted or conditionally permitted uses listed in saki zone.
SECTION 3. Effective Date. This Resolution shall become effective on the
date on which it is adopted.
PASSED APPROVED AND ADOPTED, this 2nd day of October, 2012,
Ayes:
Nays:
Absent:
Abstain:
Andrew F. Kotyuk, Mayor
PACKET PAGE:128
AGENDA ITEM 3A.10
ATTEST:
Rick Miller, City Clerk
APPROVED AS TO FORM:
Best, Best, and Krieger, LLP
Jeffrey S. Ballinger, City Attorney
PACKET PAGE: 129
AGENDA ITEM 3A.11
October 2, 2012
TO: The Honorable Mayor and Members of the City Council
FROM: Tim Huffs, City Manager
Jeff Ballinger, City Attorney
SUBJECT: Approve Second Amendment to Subdivision Improvement Agreement with
Puente Holdings, LLC (Tract 31886)
RECOMMENDATION:
Staff recommends that the City Council approve the Second Amendment to Subdivision
Improvement Agreement with Puente Holdings, LLC (Tract 31886).
BACKGROUND
On December 6, 2007, the City Council approved Tract 31886. At the time, the tract
was owned by Shea Homes Limited Partnership. Among other public improvements,
the subdivider was required under the subdivision improvement agreement to install the
road widening of Ramona Expressway. Those improvements were estimated to cost
approximately $1,529,956.
Since 2007, the property has been transferred, and is now owned by Puente Holdings,
LLC and PBJT935927 2008 Investments, LLC. In 2009, the City Council approved a
substitution of deeds of trust in lieu of performance bonds for the in -tract improvements.
However, the subdivider has continued to remain obligated to maintain bonds for out of
tract improvements, including the Ramona Expressway work. Recently, the City was
awarded funding for the City to complete the Ramona Expressway improvements.
DISCUSSION
Because the property is now owned by a new owner, City staff and the City Attorney
recommend that the City memorialize the fact that this new owner is the successor in
interest to the obligations under the original subdivision agreement.
In addition, because the Ramona Expressway improvements are scheduled to be
completed by the City, the subdivider has requested that its obligation under the original
subdivision improvement agreement to install the road widening of Ramona
PACKET PAGE: 13
AGENDA ITEM 3A.11
Expressway be removed. Along with that removal, the subdivider would be allowed to
reduce the amount of bonds by the amount that secured the performance of that work.
City staff and the City Attorney have drafted the accompanying agreement that does so.
However, the agreement also provides that, if for any reason the City does not complete
the Ramona Expressway improvements, that obligation will return to the subdivider. In
addition, no permits would be issued for the project unless and until such security is
replaced.
ALTERNATIVES:
Take no action
FISCAL IMPACT:
This Amendment is not likely to have any positive or negative fiscal impact to the City.
ATTACHMENTS:
• Second Amendment to Subdivision Improvement Agreement (Tract 31886)
PACKET PAGE: 132
AGENDA ITEM 3A.11
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: City Clerk
APN(s): [
SPACE ABOVE THIS LINE FOR RECORDER'S USE
EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 27383
AMENDMENT NO. 2
TO AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACT NO. 31886
between
THE CITY OF SAN JACINTO
a California municipal corporation
AND
PUENTE HOLDINGS, LLC AND PBJT935927 2008 INVESTMENTS, LLC,
both California limited liability companies
24438.00000V7594425.1
PACKET PAGE: 133
AGENDA ITEM 3A.11
AMENDMENT NO. 2
TO AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACT NO. 31886
Parties and Date.
This Amendment No. 2 to Agreement for Completion of Public Improvements Final
Tract No. 31886 ("Amendment No. 2') is made and entered is as of this 2nd day of October.
2012, by and between the City of San Jacinto, a municipal organization organized under the laws
of the State of California, with its principal place of business at 595 S. San Jacinto Avenue, San
Jacinto, CA 92583 on the one side ('City). and Puente Holdings, LLC a California limited
liability company with its principal place of business at 6055 Abbottswood Row, La Jolla CA
92037 ("Puente") and P13iT935927 2008 Investments, LLC, a California limited liability
company with its principal place of business at 21650 Oxnard St. #1960, Woodland Hills CA
91367 ("2008 Investments") on the other side. (Puente and 2008 Investments are sometimes
collectively referred to as `Developer). City and Developer are sometimes individually referred
to as "Party" and collectively as "Parties".
Recitals.
2.1 Agreement. The City has conditioned the approval of the final map for Tract No.
31886, real property located within City, a legal description of which is attached hereto as
Exhibit "A" and incorporated herein by reference, on the timely construction of completion of
public improvements as set forth in the Agreement for Completion of Public Improvements Final
Tract No. 31886 dated September 6, 2007, as amended by that certain Amendment to the
Subdivision Agreement for Final Tract Map 31886, by and between the City and Developer's
predecessor in interest to the Property, Shea Homes LP, a California limited partnership
(collectively, the original agreement and amendment shall be referred to herein as the
"Agreement').
2.2 Amendment No. 2 Purpose. Since the execution of the Agreement, the Property
has been transferred to Developer and the responsibility for the completion of certain public
improvements required under the Agreement has been assumed by the City. Therefore, the City
and Developer desire to amend the aforesaid Agreement to: (I) memorialize the assignment and
assumption of the Agreement to Developer; and (2) provide for the removal of certain
improvement obligations and corresponding reduction in security amounts required under the
Agreement, as required by the Agreement and the California Subdivision Map Act (Gov. Code
§§ 66410 et seq) )(the "Act').
2.3 Amendment Authority. Section 205 of the Agreement authorizes, but does not
require_ the Parties to amend the Agreement by written agreement.
2.4 Request and Approval of City Council. Developer has made a written request to
the City of San Jacinto City Council ("City Council") for its approval of a reduction in the
improvement obligation and corresponding reduction in security amounts. The City Council
finds that it would not be in the public interest to reduce the improvement obligation and
corresponding security amount, since the subject improvement yvi11 now be made by the City.
za+aeco(
PACKET PAGE:134
AGENDA ITEM 3A.11
Terms.
3.1 Assumption of Agreement. Developer hereby assumes the rights, responsibilities
and obligations of Developer under the Agreement.
3.2 Amendment of Pshibit "B" — List of Public Improvements Exhibit'B"- List of
Public Improvements is hereby amended as set forth in Exhibit "B" to this Amendment No. 2.
3 3 Amendment of Security Amount. The amount of Twelve Million, Five Hundred
Eighty Two Thousand, Sixty Nine Dollars ($12,582,069 00), contained in Sections 13.1 and 13.2
of the Agreement are hereby amended to he Two Hundred and Fifty Thousand Dollars
($250,000). Developer may substitute for any existing surety bond(s) one or more replacement
surety bond(s) in such new amount, issued by one or more sureties admitted to conduct surety
business in the State of California, as set forth in Section 13 0 through 13.4 of the Agreement.
City shall release the existing bond(s) upon replacement of any such surety bond(s) by
Developer. To the extent the Ramona Expressway Street Improvements, as described in Exhibit
B to the original Agreement are not completed by the City, Developer shall be responsible for
completion of such improvements as though fully set forth herein. In such event, City shall be
under no legal obligation to issue any entitlement, whether discretionary or ministerial, for the
Property, unless and until security for the Ramona Expressway Street Improvements is provided.
3.4 Continuing Effect of Agreement Except as amended by this Amendment No. 2,
all other provisions of the aforementioned Agreement remain in full force and effect. From and
after the date of this Amendment No. 2, whenever the term "Agreement" appears in the
Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
35 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant this Amendment No. 2.
3 6 Invalidity of Amendment In the event that this Amendment No. 2, or any
material portion thereof is found by a court of competent jurisdiction to be invalid or
unenforceable, Developer shall be required to substitute traditional surety bond(s) in place of the
Alternative Security otherwise authorized hereby.
3.7 Counterparts. This Amendment No. 2 may be executed in counterpart originals,
which taken together, shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
2447.CO(
PACKET PAGE:135
AGENDA ITEM 3A.11
SIGNATURE PAGE
TO AMENDMENT NO. 2
TO AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACTS NO. 31886
CITY OF SAN JACINTO, a California PUENTE HOLDINGS, LLC, a California
municipal corporation Limited Liability Company
By: _ By:
Andrew F. Kotyuk, Mayor
Dated: Name:
Title:
Dated:
ATTEST: By:
By: Name:
Rick Miller, City Clerk
Dated: Title:
Dated:
PBJT935927 2008 INVESTMENTS, LLC, a
APPROVED AS TO LEGAL FORM: California limited Liability Company
By: By:
Best Best & Krieger LLP
City Attorney Name:
Dated:
Title:
Dated:
By:
Name:
Title:
Dated:
24438.00000V7594425.1
PACKET PAGE: 136
AGENDA ITEM 3A.11
EXHIBIT"A"
TO AMENDMENT NO. 2
TO AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACTS NO. 31886
LEGAL DESCRIPTION OF PROPERTY
Real Property in the City of San Jacinto, County of Riverside, State of California described as
follows:
RLS sir 1NROIIC i LY. INCLUSIVE AS W.CRRSD PUe LOT
ANi1NENY NO RPS APPROVED
By tiff CITY ese FAN CIMO,
CAUWVORNp PLANIJZIG DEPARTMENT ON OCOBER M. MOO AND
IUXOROt OEEEMSH'& IA. 201 AS MST&IINENT NUMBER t $-IO3Ul..
OPPIcIAI. rt4 eos OP 3NE44M COUNTY. CALU YN. DESCRIBED AS
uENN NC AT slit MOST 901111@RI.Y CORNER OT PARCEL "D' PER SAID
yr LINE ADJUUMENT;
THENCE, ON'n01 5OC4HWRBTu, LINN OS SAN PAACSLR'O, 'C. AND
A".NORAI 44'S5'15"+'ENT. AYW 11 MET i0 TEIEMosr YiEblERLY CORER
OF SALO ENRCfVB`.
THENCE, Ot. 111C NORrIO. LY LINE Or SAID PARCEL`S". NORPI 4197Fe
UST, II? MET,
Tlk h, CONTNLPNO ON SAID Note I'NEID.Y LIMP. Sotim ES-DEDV PAST.
M99.11 FEET TO THE NO&1'F4'ASYENLY CORN OF SALO ANEL `W
BYD4 ON net SODINVISTERLV &IONT OP WAY sox OP RAMONA
EXPRESSWAY AS PESCR%ED tN °CPO IPCOIF IONS PSIOe m wetk a1w RECORDED ILLY S. ECR M . CAUPOLNT IAh®IX T 0.4RCIAL
RELOOR0PPR20.RIOE@1LNTY. WCIPOIXNL\I
THPNCEON SAID RIOHtor WAY LNE M10114ENOfTNFiSTERLV LNlL OF
TW&.0 nR SoimNeMYr%N,Y CMS OF SAID OT "DC SOLni 4'S746-6
2HNRRCM
PACKET PAGE:137
AGENDA ITEM 3A.11
EXHIBIT "B"
TO AMENDMENT NO. 2
TO AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
FINAL TRACTS NO. 31886
LIST OF PUBLIC IMPROVEMENTS
Off -Site Storm Drainage Improvements $250,000
24438C0000V7594425.1
PACKET PAGE: 138
AGENDA ITEM 3A.11
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On .2012
before me,
Date Not PuOlc )
personally appeared
Na„ors wa
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
goa Wee of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
❑ Partner(s)
Title(s)
0 Linter/
❑ General
❑ Attorney -In -Fact
O Trustee(s)
O Gua rdan/Conservator
❑ Other:
Signer is representing:
Name Of Person(s) or Entity(es)
Title or Type of Document
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
PACKET PAGE:139
AGENDA ITEM 3A.11
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On , 2012
before me,
Date
personally appeared
Name ofss4ry.a
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
gnature br Notary Yublic
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
❑ Partner(s)
Toes)
❑ Limited
❑ General
❑ Attorney -In -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other
Signer is representing:
Name Of Person(s) Or EMlty(lee)
Title or Type of Document
Number Of Pages
Date Of Document
Signer(s) Other Than Named Above
PACKET PAGE:140
AGENDA ITEM 3A.11
24438C0000V7594425.1
PACKET PAGE: 141
AGENDA ITEM 4.1
October 2, 2012
TO: The Honorable Mayor and Members of the City Council
FROM: Jeff Ballinger, City Attorney
SUBJECT: Interim Urgency Extension Ordnance Prohibiting Smoke Shops and
Hookah Lounges
RECOMMENDATION:
Read title and, by motion adopt by four -fifths vote, Interim Urgency Extension Ordinance
No. entitled,
"AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JACINTO
EXTENDING A MORATORIUM ON TOBACCO
STORES (SMOKE SHOPS) AND HOOKAH LOUNGES
IN THE CITY PENDING COMPLETION OF A
COMPREHENSIVE UPDATE TO THE CITY'S ZONING
ORDINANCES REGARDING THE SAME"
BACKGROUND:
As part of the City of San Jacinto and City of Hemet's ongoing efforts to improve the
quality of life through the Valley ROCS program, the two cities have discussed
regulating, or perhaps prohibiting, certain nuisance activities. One such sort of business
that has been discussed is smoke shops and hookah lounges. As discussed below, the
proposed ordinance before the City Council would extend a temporary moratorium on
the establishment of any new smoke shops or hookah lounges within the City of San
Jacinto, pending a review by the City staff of the merits of permanent regulations or
prohibitions on such uses. The extension would last an additional ten months and
fifteen days,
DISCUSSION:
California's Planning and Zoning Law authorizes the City Council to adopt an "interim"
urgency ordinance, by a four -fifths vote, without following the procedures otherwise
required for the adoption of an ordinance, to protect the public safety, health, and
welfare. The ordinance may prohibit any uses that may be in conflict with a
contemplated zoning proposal that the City is considering, or studying or intends to
study within a reasonable time,
The neighboring City of Hemet, as part of Hemet's ROCS program, recently adopted
such an ordinance, effectively banning new smoke shops and new hookah lounges in
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AGENDA ITEM 4.1
Hemet. As a result, at least one such proposed business has sought to locate in the
City of San Jacinto.
In order to prevent an influx of these sorts of uses, on August 20, 2012, the City Council
adopted an urgency ordinance imposing a temporary (45 day) ban on smoke shops and
hookah lounges. Since the August 20, 2012 ordnance, City staff and the City
Attorney's office have researched possible regulations of such uses, including a review
of Hemet's recently introduced ordinance.
The August 20, 2012 moratorium is set to expire October 4, 2012, unless extended by
City Council action. City staff (in consultation with the City Attorney) recommends that
the City Council extend the temporary ban on these uses. The ban would be in place
for an additional ten months and 15 days, in order to enable City staff to continue its
research appropriate regulations or prohibitions, which would then be brought back to
the City Council for consideration.
Ten days before this public hearing, the City issued a written report describing what the
City has done to alleviate the condition that led to the adoption of the interim ordinance.
Also, notice of this public hearing was published in a newspaper, as required by state
law.
ALTERNATIVES:
1) Adopt the accompanying interim urgency extension ordinance, as proposed.
2) Do not adopt interim urgency ordinance, and direct staff to another ordinance.
3) Continue or take no action.
BUDGETARY IMPACT:
This ordinance is not likely to have any immediate budgetary impact, positive or
negative.
ATTACHMENTS:
o Interim Urgency Extension Ordinance No.
o Written Report
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AGENDA ITEM 4.1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO )
ORDINANCE NO. 12-
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN JACINTO
EXTENDING A MORATORIUM ON TOBACCO
STORES (SMOKE SHOPS) AND HOOKAH LOUNGES
IN THE CITY PENDING COMPLETION OF A
COMPREHENSIVE UPDATE TO THE CITY'S ZONING
ORDINANCES REGARDING THE SAME
WHEREAS, the City Council ("City Council") of the City of San Jacinto
("City") is authorized, pursuant to Article 11, Section 7 of the California Constitution, to
make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws; and
WHEREAS, California Government Code Section 65858 authorizes the
City Council to adopt an interim urgency ordinance, by a four -fifths vote, without
following the procedures otherwise required for the adoption of an ordinance, to
protect the public safety, health, and welfare, prohibiting any uses that may be in
conflict with a contemplated general plan specific plan, or zoning proposal that the
City Council, Planning Commission or the planning department is considering or
studying or intends to study within a reasonable time; and
WHEREAS, on August 20, 2012, the City Council adopted an interim
urgency ordinance, in accordance with Government Code Section 65858,
establishing a moratorium on tobacco stores and hookah lounges, pending
completion of a comprehensive update to the City's zoning ordinances regarding the
same; and
WHEREAS, pursuant to California Government Code Section 65858,
said interim ordinance expires on October 4, 2012, unless extended; and
WHEREAS, Government Code Section 65858 authorizes the City
Council to extend said moratorium by an additional ten months and fifteen days, by
adopting an ordinance; and
WHEREAS, the City has, pursuant to Section 65090 of the Government
Code, duly published notice of the public hearing at which this ordinance was
considered; and
WHEREAS, the City has issued a written report describing the
measures taken to alleviate the condition which led to the adoption of the ordinance,
which report is hereby adopted by the City Council as its own.
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AGENDA ITEM 4.1
THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: This urgency ordinance is adopted pursuant to Section
65858 of the California Government Code.
Section 2: Based on information contained in the record, the City
Council makes the following findings:
A. The unregulated development of Hookah Lounges and Tobacco
Stores presents an immediate threat to the public health, safety and
welfare.
1. The City does not have sufficient regulations in its Municipal Code
governing the establishment of Tobacco Stores or Hookah Lounges. Specifically, there
are no detailed regulations regarding the development, operation or location standards
for these uses,
2. Significant concerns have been raised in the community regarding
the lack of current regulations to address Tobacco Stores and Hookah Lounges.
Specifically, residents of the City have expressed concerns regarding the impact these
uses will have on the community including safety, affect on minors, noise, location near
sensitive uses and other public health impacts,
3. Many state laws have been adopted, which acknowledge the public
health impacts of tobacco and specifically its affect on minors, State law prohibits pubic
school students from smoking or using tobacco products while on campus, while
attending school sponsored activities, or while under the supervision or control of school
district employees (Education code § 48901). State law also prohibits smoking in
playgrounds and tot lots. It also prohibits smoking within 20 feet of the main entrances
and exits of public buildings (Health and Safety Code § 104495).
4. Currently there are thirteen Tobacco Stores operating within the
Hemet — San Jacinto area. There are seven operating within the neighboring City of
Hemet, one operating within the County near the City of Hemet, five operating in the
City of San Jacinto, and at least one that has proposed for the City of San Jacinto since
the imposition of an interim moratorium in the City of Hemet. Residents and businesses
within the City have expressed concern regarding the proliferation of such businesses
located within the San Jacinto Valley. Specifically, many of these establishments are
located in close proximity to sensitive uses such as residential areas, churches,
schools, parks, arcades and other similar uses where minors tend to congregate.
5. Tobacco Stores are a target for theft and vandalism and require
such establishments to install retractable security bars on all doors and windows.
Additionally, Tobacco Stores may be affiliated with the sale of drug paraphernalia that
encourage illegal activity, which then can negatively affect the neighborhoods and
surrounding community.
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AGENDA ITEM 4.1
6. The establishment of Hookah Lounges produces secondary smoke,
far more concentrated than cigarette smoke, which can negatively affect workers,
passers-by, neighbors, the elderly, sick and disabled and particularly minors.
Recognizing the health risks, state laws have been adopted to prohibit unlawful smoking
of tobacco in hookah pipes in an enclosed place of employment (Labor Code § 6404.4)
as well as prohibiting smoking of tobacco in hookah pipes by those under 18 years of
age (Penal Code § 308).
7. Due to the lack of development, operation and location standards
for these uses, the City desires to study new zoning regulations in order to provide
clear, consistent, and uniform guidance to businesses and individuals regarding the
citing and operational characteristics while also addressing significant community
concerns.
B. It is necessary for the City of San Jacinto to study the appropriate
type of local regulations required for Hookah Lounges and Tobacco
Stores together with the potential impact that these establishments
may have on the public's health, safety and welfare.
1. There exists a potential for inconsistent project review in the
absence of clear policy direction based upon a thorough review of the City's land use
goals and policies as well as information obtained from other cities and counties
regarding the potentially positive and negative impacts that operation of Tobacco Stores
and Hookah Lounges may have on the community.
2. The City of San Jacinto is currently undergoing a comprehensive
update to the City's Development Code and related land use policies.
3. As part of the Development Code update, the City can study
potential regulatory standards and location requirements for Hookah Lounges and
Tobacco Stores, in order to determine whether and how such standards should be
integrated into the Development Code.
4. The United States Supreme Court in Tahoe -Sierra Preservation
Council, Inc. v. Tahoe Regional Planning Agency (2002) 535 U.S. 302 has upheld such
interim planning processes and determined that they are an essential tool of successful
development.
C. The City finds that an interim prohibition on such uses and the
issuance of any such applicable entitlements is necessary for an
additional ten moths and fifteen days.
1. Based on the foregoing, permitting new ownership, and additional
establishment or operation of Hookah Lounges or Tobacco Stores prior to completion of
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AGENDA ITEM 4.1
the Development Code update would result in the current and immediate threat to the
public health, safety, and welfare.
2. An additional period of ten months and fifteen days will permit City
Staff to undertake an initial investigation of these mattes and recommend a course of
action to the City Council.
Section 3: Extension of Moratorium. Based on the above findings,
the City Council orders as follows:
A. In accordance with the authority granted the City of San Jacinto
under Government Code § 65858(a), and pursuant to the findings stated
herein, for a period of ten months and fifteen days following the date of
adoption of this Ordinance:
1. No Hookah Lounge or Tobacco Store may be established or
operate in any zone of the City.
2. No temporary or special use permit, site development
permit, conditional use permit, tentative map, parcel map,
variance, grading permit, building permit, building plans,
zone change, use permit, business license, certificate of
occupancy or other applicable approval will be approved or
issued for the establishment or operation of a Hookah
Lounge or Tobacco Store,
B. As used in this Ordinance, the following definitions apply:
1. "Establish" or "operate" a Hookah Lounge or Tobacco Store
(as defined in this Ordnance) means and includes any of the
following:
(a) The opening or commencement of the operation of a
Hookah Lounge or Tobacco Store;
(b) The conversion of an existing business, facility, use
establishment, or location to a Hookah Lounge or
Tobacco Store;
(c) The addition of a Hookah Lounge or Tobacco Store to
any other existing business, facility, use,
establishment or location.
2. "Hookah" means a glass or metal water pipe usually
decorated and shaped somewhat Eke a bottle or small tank,
with a long, flexible cord pipe, also known as shisha, nargile,
hubble bubble, nag and Turkish water Pipe.
3. "Hookah Lounge" means an area of a commercial
establishment, whether enclosed, indoor or outdoor,
designated specifically for the use of hookahs, but does not
include private use of hookahs in personal residences if
otherwise in compliance with applicable law.
4. "Tobacco Paraphernalia" means any device, product,
equipment, or material of any kind that is intended or
designed for use for smoking, inhaling, or ingesting tobacco,
notwithstanding that the device, product, equipment, or
material may also be used for smoking, inhaling, or ingesting
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AGENDA ITEM 4.1
any controlled substance, "Tobacco paraphernalia"
includes, but is not limited to, all of the following:
Metal, ivory, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent
screens, hashish heads, or punctured bowls;
ii. Water pipes;
Bongs;
iv. ChIIWms;
v. Ice pipes or chillers;
vi. Cigarette papers or wrappers;
vii. Cigarette rolling machines;
viii. Blunt wraps, as defined in Section 308 of the Penal
Code;
ix. Hookahs and similar devices constructed with a
receptacle or container in which water or some other
liquid may be placed into which smoke passes and is
cooled in the process of being inhaled or ingested.
5. "Tobacco Product" means (1) any substance containing
tobacco leaf, including but not limited to cigarettes, cigars,
pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis,
or any other preparation of tobacco; and (2) any product or
formulation of matter containing biologically active amounts
of nicotine that is manufactured, sold, offered for sale, or
otherwise distributed with the expectation that the product or
matter will be introduced into the human body, but does not
include any product specifically approved by the Federal
Food and Drug Administration for use in treating nicotine or
tobacco product dependence,
6, "Tobacco Store" means a retailer or wholesale business or
any person that: (1) sells, offers for sale or offers to
exchange for any form of consideration, tobacco, Tobacco
Products or Tobacco Paraphernalia and (2) has fifteen
percent (15%) or more of the square feet in the
establishment used for the sale or display of tobacco,
Tobacco Products or Tobacco Paraphernalia,
Section 4: The City Council finds that this interim urgency ordinance 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: Pursuant to Government Code § 65858(a) this ordinance shall
take effect immediately but shall be of no further force and effect after ten months and
fifteen days following its date of adoption.
Section 6: The Mayor shall sign this interim urgency ordinance and the
City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it to
PACKET PAGE:149
AGENDA ITEM 4.1
be published in the Press Enterprise, a newspaper published and circulated in the City
of San Jacinto.
Section 7: The City clerk shall certify the adoption of this ordinance.
MOVED, PASSED, AND ADOPTED at a meeting of the City Council, by at least
a 4/5ths vote, on the 2nd day of October, 2012, by the following vote:
Ayes:
Nays:
Absent:
Abstain:
ATTEST:
Richard Miller, City Clerk
City of San Jacinto
Andrew Kotyuk, Mayor
PACKET PAGE: 150
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 Interim
Urgency Ordinance No. , duly adopted at a meeting held October 2, 2012
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 day
of , 2012.
Richard Miller, City Clerk
PACKET PAGE: 151
AGENDA ITEM 4.1
REPORT OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
ON THE INTERIM URGENCY ORDINANCE ESTABLISHING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF
SMOKE SHOPS AND HOOKAH LOUNGES
Introduction
On August 20, 2012, after conducting a noticed public meeting, the City Council of the
City of San Jacinto enacted an interim urgency ordinance establishing a temporary moratorium
on the establishment and operation of smoke shops and hookah lounges in the City. Pursuant to
Government Code Section 65858, the interim urgency ordinance shall remain in effect for forty-
five days, after which it may be extended by the City Council for an additional twenty-two
months and fifteen days.
II. Background to the Adoption of the Interim Urgency Ordinance
In support of the interim urgency ordinance, the City Council made the following
findings
The unregulated development of Hookah Lounges and Tobacco Stores present
immediate threat to the public health, safety and welfare.
The City does not have sufficient regulations in its Municipal Code governing the
establishment of Tobacco Stores or Hookah Lounges. Specifically, there are no detailed
regulations regarding the development, operation or location standards for these uses.
2. Significant concerns have been raised in the community regarding the lack of current
regulations to address Tobacco Stores and Hookah Lounges. Specifically, residents of the City
have expressed concerns regarding the impact these uses will have on the community including
safety, affect on minors, noise, location near sensitive uses and other public health impacts.
3. Many state laws have been adopted, which acknowledge the public health impacts of
tobacco and specifically its affect on minors. State law prohibits public school students from
smoking or using tobacco products while on campus, while attending school sponsored activities,
or while under the supervision or control of school district employees (Education code § 48901).
State law also prohibits smoking in playgrounds and tot lots. It also prohibits smoking within 20
feet of the main entrances and exits of public buildings (Health and Safety Code § 1(14495).
b. Currently there are thirteen 'Tobacco Stores operating within the Hemet- San Jacinto
area. There are seven operating within the neighboring City of Hemet. one operating within the
County near the City of Hemet, five operating in the City of San Jacinto, and at least one that has
proposed for the City of San Jacinto since the imposition of an interim moratorium m the City of
Hemet. Residents and businesses within the City have expressed concern regarding the
proliferation of such businesses located within the San Jacinto Valley. Specifically, many of
ziaae 101)2%-0S9`)a11
PACKET PAGE:153
AGENDA ITEM 4.1
these establishments are located in close proximity to sensitive uses such as residential areas,
churches, schools, parks, arcades and other similar uses where minors tend to congregate.
'tobacco Stores are a target for theft and vandalism and require such establishments to
install retractable security bars on all doors and windows. Additionally,'fobacco Stores may be
affiliated with the sale of drug paraphernalia that encourage illegal activity, which then can
negatively affect the neighborhoods and surrounding community.
6. The establishment of Hookah Lounges produces secondary smoke, far more concentrated
than cigarette smoke, which can negatively affect workers, passers-by, neighbors, the elderly,
sick and disabled and particularly minors. Recognizing the health risks, state laws have been
adopted to prohibit unlawful smoking of tobacco in hookah pipes in an enclosed place of
employment (Labor Code § 6404.4) as well as prohibiting smoking of tobacco in hookah pipes
by those under 18 years of age (Penal Code § 308).
7. Due to the lack of development, operation and location standards for these uses, the City
desires to study new zoning regulations in order to provide clear, consistent, and uniform
guidance to businesses and individuals regarding the citing and operational characteristics while
also addressing significant community concerns.
It is necessary for the City of San Jacinto to study the appropriate type of local regulations
required for Hookah Lounges and Tobaaro Stores together with the potential impact that
these establishments may have on the public's health, safety and welfare
'there exists a potential for inconsistent project review in the absence of clear
direction based upon a thorough review of the City's land use goals and policies as
information obtained from other cities and counties regarding the potentially positive and
negative impacts that operation of Tobacco Stores and Hookah Lounges may have on the
conununity.
2. The Ci tv—ot—San Jacinto is currently unde
Development Code and related land use policies.
g a comprehensive update to the City s
3. As part of the Development Code update, the City can study potential regulatory
standards and location requirements for Hookah Lounges and Tobacco Stores, in order to
determine whether and hour such standards should be integrated into the Development Code.
b. The United States Supreme Court in Tahoe -Sierra Preservation Council. Inc. v. Tahoe
Regional Planning Agency (2002) 535 U.S. 302 has upheld such interim planning processes and
determined that they are an essential tool of successful development.
The City finds that an interim prohibition on such uses and the issuance of any such
applicable entitlements is necessary fora period of 45 days.
244Th 10112% 9JRI1
PACKET PAGE:154
AGENDA ITEM 4.1
Based on the foregoing, permitting new ownership, and additional establishment or
operation of Hookah Lounges or'Fohacco Stores prior to completion of the Development Code
update vyou'd result in the current and immediate threat to the public health, safety, and welfare.
2. An initial period of 45 days will permit City Staff to undertake an initial investigation of
these mattes and recommend a course of action to the City Council.
III. Measures Taken Since the Adoption of the Interim Urgency Ordinance
As the City Council's findings demonstrate, the interim urgency ordinance was enacted
in response to the likelihood that a smoke shop and/or hookah lounge would open before it could
put into place satisfactory regulations to protect against the adverse impacts that typically
accompany such establishments.
"co alleviate the conditions that led to the adoption of the interim urgency ordinance, the
City has taken the following steps:
City staff and the City Attorney's office have conducted research into the possible
and likely impacts of smoke shops and hookah lounges and into regulations for the City to adopt
in order to mitigate such impacts. This includes research into the City of Hernet's recently
introduced ordinance regulating such uses.
City staff has not concluded its research and thus has not yet made any final
recommendations to the City Council regarding the form of any permanent regulations to be
imposed on smoke shops and/or hookah lounges.
For this reason, the City Council has concluded that it is appropriate to extend the interim
urgency ordinance for the additional statutory period of twenty-two months and fifteen days to
permit City staff to complete their research, and to provide sufficient time for City staff to
formulate appropriate recommendations in light of their research so that the City Council can
adopt such regulation as it deems appropriate and necessary in light of those recommendations
and that decision.
ziaaa 1002% 9)(]1
PACKET PAGE:155
AGENDA ITEM 5.1
October 2, 2012
TO: The Honorable Mayor and Members of the City Council
FROM: David Clayton, Management Analyst
SUBJECT: Senior Emergency Home Repair Program Update
RECOMMENDATION:
Receive and File.
DISCUSSION
On June 19, 2012 the City Council adopted the Fiscal Year 2012/13 Budget. Twenty thousand
dollars ($20,000) was allocated from the General Fund for an Emergency Senior Home Repair
Program. Staff was informed that the program would be managed in-house and was directed to
prepare a press release, application forms and update a list of contractors. After the press
release was published in The Press Enterprise and the Valley Chronicle, and after an initial 8
applications were received. 6 contractors were contacted to bid on the various projects. Two
local contractors were selected based on their knowledge about mobile homes and ability to
perform the repairs in a timely fashion — Medina Mobile Horne Construction and Senior Home
Repair, Inc.
Medina Construction completed the handicapped ramps, and replaced a water heater and a
sliding glass door. Senior Horne Repair, Inc. generally completed projects that included swamp
cooler or air conditioning repair or replacement as well as water heater replacement. Moreover,
Senior Home Repair, Inc. made arrangements to have an electrician diagnose and solve an
electrical problem in one of the mobile homes. Both Medina Construction and Senior Home
Repair, Inc. each performed 5 repair jobs in which Medina Construction will receive $12,971.33
and Senior Home Repair, Inc. has received $5,585.30. The remaining program fund balance is
estimated to be $1,443.37.
In all, city staff sent out 54 applications of which, 30 were completed and returned, 2 were
disqualified, 10 received assistance and 18 remain on a waiting list City staff continues to
receive inquiries on the status of the program from the senior community and other agencies.
Emergency Senior Home Repair Program clients were very appreciative of the work performed,
many of which submitted cards and letters, copies of which are attached herewith.
ALTERNATIVES
1) Accept the Emergency Senior Home Repair Update.
2) Reject the Emergency Senior Home Repair Update.
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AGENDA ITEM 5.1
FISCAL IMPACT
There is approximately $1,400 remaining in the Senior Home Repair Program (CIP 04-093).
Final invoices have been submitted; and staff is considering a single low cost roof leak repair
which would use most of the remaining funds.
ATTACHMENTS
• Emergency Senior Home Repair Recipient Thank You Cards and Letters
PACKET PAGE: 158
AGENDA ITEM 5.1
From: WIIIlam a er
To: David riavron
Subject: FW'. wheelcharc ramp
Date: Wednesday, August 22, 2012 tl'.2l'56 AM
Subject. wheelchair ramp
Date: Wed, 22 Aug 2012 10158:42 -0700
To the city of San Jacinto
We recently received a beautiful new wheelchair ramp through the
Emergency Senior Home Repair Program. We would like to thank
David Clayton/ Sergio Ortiz and all those involved with the application
and approval process for making things easy and for completing
everything quickly.
Medina General Manufacturing and Housing built the ramp and did
a beautiful job. They were very professional and courteous and we could
not be happier. We are very grateful for this wonderful gift and want
to thank all those who were responsible for making this possible.
THANK YOU
Bill & Judy Fetzer
1499 Old Mountain Ave. Sp 3
San Jacinto, Ca. 92583
PACKET PAGE:159
AGENDA ITEM 5.1
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