San Jacinto City Council
May 17, 2022

AGENDA

SAN JACINTO CITY COUNCIL AND SUCCESSOR AGENCY TO THE SAN JACINTO REDEVELOPMENT AGENCY – REGULAR MEETING
TUESDAY, MAY 17, 2022
5:30 PM CLOSED SESSION
6:30 PM OPEN SESSION
LIVE STREAM LINK: www.sanjacintoca.gov

COMMUNITY CENTER
625 S. Pico Avenue
San Jacinto, CA 92583
951-487-4339
City of San Jacinto Page 1 Updated 5/12/2022 4:19 PM

CRYSTAL RUIZ, MAYOR

PHIL AYALA, MAYOR PRO TEM

ALONSO LEDEZMA, COUNCILMEMBER

BRIAN HAWKINS, COUNCILMEMBER

MICHAEL HEATH, COUNCILMEMBER
This City Council meeting is being conducted in person and will be broadcast utilizing Livestream video. The City Council meeting may be observed virtually by joining the link on the City's website.

Public Comments will only be accepted in person during the meeting or in writing to the City Clerk. Participants viewing the Livestream will not have a comment option.

For those wishing to email public comments for the May 17, 2022, City Council meeting, please submit your comments to be read aloud at the meeting by the City Clerk. Email comments to Julia Espinoza at [email protected]. Please put "PUBLIC COMMENT" in the email subject line. Email comments on matters not on the agenda must be received before the time the Mayor calls the item for Public Comments. Email comments on the agenda items must be received before the time the Mayor closes public comments on the agenda item. All email comments shall be subject to the same rules as would otherwise govern speaker comments at the Council meeting. Electronic comments on agenda items for May 17, 2022, may only be submitted via email. Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

Reading of Public Comments: The City Clerk will read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at a Council meeting. The email comments submitted shall become part of the record of the Council meeting.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk at 951-487-7339. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II].

City of San Jacinto Page 2 Updated 5/12/2022 4:19 PM

1. ORGANIZATION

1.1. Public Comments on Closed Session Items

1.2. Closed Session

1.2.1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code, § 54956.8)
Property: 434-292-017 and 434-292-018
City Negotiators: Rob Johnson, City Manager; Stuart McKibbin, City Engineer; Michael Maurer, City Attorney
Negotiating Party: Frederic Monk, Marcus Monk, Kathleen Monk, and Perry De Angelo
Under negotiation: Price and Terms of Payment

1.2.2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code, § 54956.8)
Property: 434-292-019
City Negotiators: Rob Johnson, City Manager; Stuart McKibbin, City Engineer; Michael Maurer, City Attorney
Negotiating Party: Jose Gonzalez
Under negotiation: Price and Terms of Payment

1.2.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code, § 54956.8)
Property: 434-292-019
City Negotiators: Rob Johnson, City Manager; Stuart McKibbin, City Engineer; Michael Maurer, City Attorney
Negotiating Party: Jose Gonzalez
Under negotiation: Price and Terms of Payment

1.2.4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code, § 54956.8)
Property: 434-292-021
City Negotiators: Rob Johnson, City Manager; Stuart McKibbin, City Engineer; Michael Maurer, City Attorney
Negotiating Party: Mary Ellen Delgadillo
Under negotiation: Price and Terms of Payment

1.2.5. CONFERENCE WITH LEGAL COUNSEL
Existing Litigation (Gov. Code § 54956.9(d)(1))
City of San Jacinto, et al. v. The Jennie San Jacinto Properties Family Limited Partnership, et al.; Riverside County Superior Court case number CVRI2201382 City of San Jacinto Page 3 Updated 5/12/2022 4:19 PM

1.3. Closed Session Report

1.4. Roll Call

1.5. Invocation

1.6. Pledge of Allegiance

1.7. Mayor / Council Member Reports / Discussions

1.8. Late Items

2. PUBLIC COMMENTS

3. JOINT CONSENT CALENDARS

3.A. Consent Calendar - City Council

3.A.1. Waiver of Full Reading of Ordinance(s), and Reading by Title Only

3.A.2. Minutes of the Regular City Council Meeting of May 3, 2022 RECOMMENDATION:

Staff recommends that City Council approve the minutes of the May 3, 2022, Regular City Council Meeting.

Department: City Clerk

3.A.3. Warrants and Disbursements - April 2022
RECOMMENDATION:

Staff recommends that the City Council review and approve Warrants and Disbursements for the period of April 2022 in the amount of $ 6,094,580.88.

Department: Finance

3.A.4. Report - Use of ARPA Funds
RECOMMENDATION:

Staff recommends that the City Council receive and file the report of the ARPA funds.

Department: Finance

3.A.5. Resolution of Intention to Annex Territory into Community Facilities District No. 2003-1 and to Authorize the Levy of Special Taxes Therein RECOMMENDATION:

Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, commonly known as the site of Tommy's Car Wash and The Habit Burger, into Community Facilities District No. 2003-1 and Authorize the Levy of Special Taxes therein.

Department: Finance
City of San Jacinto Page 4 Updated 5/12/2022 4:19 PM

3.A.6. Resolution of Intention to Annex Territory into Community Facilities District No. 2020-1 and to Authorize the Levy of Special Taxes Therein

RECOMMENDATION
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, commonly known as the site of Tommy's Car Wash and The Habit Burger, into Community Facilities District No. 2020-1 and Authorize the Levy of Special Taxes therein.

Department: Finance

3.A.7. Approve California Choice Energy Authority Entering into a Long-Term Resource Adequacy Agreement with Santa Paula Energy Storage, LLC on behalf of San Jacinto Power
RECOMMENDATION:

That the City Council approve California Choice Energy Authority entering into a long-term resource adequacy agreement with Santa Paula Energy Storage, LLC on behalf of San Jacinto Power.

Department: Finance

3.A.8. Subdivision Agreement for Public Improvement and Security for Latham Management and Consulting Services, Inc. Tract 37099
RECOMMENDATION:

Staff recommends that the City Council approve the Subdivision Improvement Agreement for Latham Management and Consulting Services, Inc. ("Developer") specific to Parcel/Tract 37099, in substantially the form set forth in the accompanying agreements, and authorize the City Manager to execute any other documents necessary to implement said agreements.

Department: Engineering

3.A.9. Memorandum of Understanding Drainage Improvements Tract 30084 RECOMMENDATION:

Staff recommends that the City Council approve the Memorandum of Understanding with KB Home Coastal, Inc. and authorize the City Manager to execute the Memorandum of Understanding (MOU).

Department: Engineering

3.A.10.Parcel Map 37099, Latham Management and Consulting Services, Inc.

RECOMMENDATION:

Staff recommends that the City Council approve Parcel Map 37099 for 4664, for Latham Management and Consulting Services, Inc.

Department: Engineering

3.A.11.Esplanade Widening (CIP # 06-145) & San Jacinto Valley Raw Water Conveyance Facilities Phase 1
RECOMMENDATION:

City of San Jacinto Page 5 Updated 5/12/2022 4:19 PM
Staff recommends that the City Council authorize City Attorney to amend the Interagency Agreement with Eastern Municipal Water District (EMWD) associated with the EMWD Raw Water Conveyance, to obtain $71,000 reimbursement for City environmental costs, and to obtain defense, hold harmless and indemnify for any costs arising from EMWD's work, and authorize the City Manager to execute the Amendment in a form as approved by the City Attorney.

Department: Engineering

3.A.12.Approval of License Agreement on Tribal Trust Land for Traffic Light Maintenance
RECOMMENDATION:

Staff recommends that the City Council approve the License Agreement with the Soboba Band of Luiseno Indians.

Department: City Attorney

3.B. Consent Calendar - Successor Agency to the Redevelopment Agency of the City of San Jacinto

4. DISCUSSION ITEMS

4.1. Adoption of Resolution No. 3915 -Adoption of Resolution of Necessity for the Acquisition of A Permanent Roadway Easement Interest in a portion of that Certain Real Property, by Eminent Domain, Located at the Southwest Corner of North Vernon Avenue and Artesia Street, San Jacinto, California, More Particularly Described as Assessor Parcel No. 434-292-017, In Riverside County, California, for the Vernon Street Widening Project, in Riverside County, California RECOMMENDATION:

Staff recommends that the City Council:
1) CONDUCT a hearing to consider the adoption of a resolution of necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolutions of necessity;
2) MAKE the following findings as hereinafter described in this report:
a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
c) The real property to be acquired is necessary for the project; d) The offer of just compensation has been made to the owner; and 3) ADOPT Resolution No. 3915 entitled:

RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A

PERMANENT ROADWAY EASEMENT IN A PORTION OF

CERTAIN REAL PROPERTY, BY EMINENT DOMAIN,
City of San Jacinto Page 6 Updated 5/12/2022 4:19 PM

LOCATED AT THE SOUTHWEST CORNER OF NORTH

VERNON AVENUE AND ARTESIA STREET, SAN JACINTO,

CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
ASSESSOR PARCEL NO. 434-292-017, IN RIVERSIDE COUNTY,

CALIFORNIA, FOR THE FUTURE FULL-WIDTH WIDENING OF

VERNON AVENUE, IN RIVERSIDE COUNTY, CALIFORNIA
Department: City Attorney

4.2. Sister City Program
RECOMMENDATION:

Staff recommends that the City Council consider a request by Councilman Ledezma to establish a sister city program with Cuquio, Jalisco, Mexico.

Department: Special Projects

4.3. FY 2022-23 Draft Budget Presentation
RECOMMENDATION:

Staff recommends that the City Council receive and file the budget presentation for fiscal year 2022-23.

Department: Finance

5. CITY MANAGER UPDATE

6. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF

7. ADJOURNMENT
DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB343) - Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S. San Jacinto Avenue, San Jacinto, CA 92583.

I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 12th day of May 2022 as requested by law.

Julia Espinoza, City Clerk
May 17, 2022
TO: City Council
REQUESTED BY: Julia Espinoza, Deputy City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Minutes of the Regular City Council Meeting of May 3, 2022 RECOMMENDATION:

Staff recommends that City Council approve the minutes of the May 3, 2022, Regular City Council Meeting.

ATTACHMENTS:

May 3, 2022 Regular Meeting Minutes

3.A.2
Packet Pg. 7

ACTION MINUTES
CITY COUNCIL – REGULAR MEETING
TUESDAY, MAY 3, 2022
6:30 PM OPEN SESSION
LIVE STREAM LINK: www.sanjacintoca.gov

COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330

1. ORGANIZATION
Mayor Crystal Ruiz called the meeting to order at 6:30 pm.

1.1 Roll Call
Community Development Clerk Lori Matley conducted the roll call:

Present in person: Mayor Crystal Ruiz, Councilmember Brian Hawkins, Councilmember Alonso Ledezma, and Councilmember Michael Heath Teleconferenced in: Mayor Pro Tem Phil Ayala

1.2 Invocation
Pastor Tom Clayton gave the invocation.

1.3 Pledge of Allegiance
Councilmember Ledezma led the Pledge of Allegiance.

1.4 Special Presentation(s)

1.4.1. Birth Choice Month Proclamation

1.5 Mayor/Council Member Reports
Councilmembers provided their reports.

1.6 Late Items
There was one late item.

CRYSTAL RUIZ, MAYOR

PHIL AYALA, MAYOR PRO TEM

ALONSO LEDEZMA, COUNCILMEMBER

BRIAN HAWKINS, COUNCILMEMBER

MICHAEL HEATH, COUNCILMEMBER

3.A.2.a
Packet Pg. 8
Attachment: May 3, 2022 Regular Meeting Minutes (Minutes of the Regular City Council Meeting of May 3, 2022) Late Item to Approve Acquisition of a Portion of Parcel 432-280-030 for Relocation of SCE Utility Pole for Esplanade Widening Project
M/S/C (Ruiz/Ledezma) moved to approve a late item to be added onto the consent calendar as item 3.A.8. Motion carried 5/0.

Ayes: Ayala, Ledezma, Heath, Ruiz, Hawkins
Nays: None

Absent: None
Abstain: None

2. PUBLIC COMMENTS
There were two public comments:
 Chris Whitaker
 Tamera Hanlon

3. CONSENT CALENDAR

3. A. Consent Calendar – City Council

3.A.1. Waiver of Full Reading of Ordinance(s) and Reading by Title Only

3.A.2. Minutes of the Regular City Council Meeting of April 19, 2022/City Clerk/Approved

3.A.3. Treasurer’s Report on March 31, 2022/Finance/Approved

3.A.4. Ordinance 22-05 Extending the Existing Franchise Granted to Southern California Edison Company (“SCE”) to Transmit Electricity in the City and Determining the Ordinances Exempt from the California Environmental Quality Act/City Attorney/Approved

3.A.5. Subdivision Agreement for Public Improvements and Security for DR Horton Tract 30379/Engineering/Approved

3.A.6. Subdivision Agreement for Public Improvements and Security for DR Horton Tract 32582/Engineering/Approved

3.A.7. SB-1 Resolution No. 3912, Adopting Fiscal Year 2022/23 Road Maintenance and Rehabilitation Account (RMRA
Projects)/Engineering/Approved

3.A.8. Approve Acquisition of a Portion of Parcel 432-280-030 for Relocation of SCE Utility Pole for Esplanade Widening Project/Engineering/Approved

3.A.2.a
Packet Pg. 9
Attachment: May 3, 2022 Regular Meeting Minutes (Minutes of the Regular City Council Meeting of May 3, 2022) M/S/C (Ledezma/Heath) moved to approve the Consent Calendar. Motion carried 5/0.

Ayes: Heath, Hawkins, Ledezma, Ruiz, Ayala
Nays: None

Absent: None
Abstain: None

4. DISCUSSION ITEMS

4.1 Annual Financial Report, SAS 114 Report, and GAS report for the Fiscal Year ended June 30, 2021
Deputy City Manager Thomas Prill and Terry Shea from Rogers, Anderson, Malody, & Scott, LLP (RAMS) presented the staff report.

City Council received and filed the Annual Financial Report of the City of San Jacinto for the fiscal year ended on June 30, 2021, and the “SAS 114” report and the “GAS” report.

5. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF

6. ADJOURNMENT
With no further business before the City Council, Mayor Ruiz adjourned the City Council's Regular Meeting at 7:15 pm.

CITY OF SAN JACINTO:
________________________
Crystal Ruiz, Mayor
ATTEST:
_____________________________
Julia Espinoza, Deputy City Clerk

Approved as read:

Approved as amended:

3.A.2.a
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Attachment: May 3, 2022 Regular Meeting Minutes (Minutes of the Regular City Council Meeting of May 3, 2022) May 17, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Warrants and Disbursements - April 2022
RECOMMENDATION:

Staff recommends that the City Council review and approve Warrants and Disbursements for the period of April 2022 in the amount of $ 6,094,580.88.

DISCUSSION:

The City Council in its oversight role formally reviews disbursements of City funds made by Accounts Payable warrants, bi-weekly payrolls and electronic funds (wire) transfers. The following information is provided for such review and approval:

Warrants/Wire Pay Date Amount
Accounts Payable: #135662-135985 Various 4,674,013.34
Payroll: Pay Period # 7 #253635-253639 4/7/2022 203,889.06 Includes Warrants, Direct Deposits, Taxes, Garnishments Payroll: Pay Period # 8 #253640-253646 4/21/2022 210,993.24 Includes Warrants, Direct Deposits, Taxes, Garnishments Electronic Funds Various 1,005,685.24
Total Disbursements – Period of April 1-30, 2022 $ 6,094,580.88

Prepared by: Tessa Murphy, Account Clerk III
Note: Payroll information is on file in the Finance Department.

FISCAL IMPACT:

Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been appropriated.

ATTACHMENTS:

3.A.3
Packet Pg. 11
Warrant Register April 30, 2022

3.A.3
Packet Pg. 12
Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135662 4/1/2022 American forensic nurses, inc. 75828 2 blood draws 010-3100-431.34-05 122.44 122.44 135663 4/1/2022 Appleone employment services 01-6249035 W/e 03/19/22 010-1110-411.10-04 932.48 932.48 135664 4/1/2022 Babcock laboratories, inc. CC21605-0278 Analysis 050-9000-450.30-90 1,194.02 8,171.06 CC21741-0278 Analysis 050-9000-450.30-90 819.00
CC21738-0278 Iron & manganese by icpms 050-9000-450.30-90 134.40 CC21719-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00 CC22191-0278 Analysis 050-9000-450.30-90 2,315.06
CC22196-0278 Analysis 050-9000-450.30-90 1,194.02
CC22199-0278 General analysis 050-9000-450.30-90 31.50
CC22200-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00 CC22164-0278 Analysis 050-9000-450.30-90 2,315.06
135665 4/1/2022 Bank of america business card BOA032922 Town & country 010-1400-414.31-20 288.33 949.66 BOA032922 Town & country 010-1400-414.31-20 47.50
BOA032922 National notary assoc 010-1400-414.30-90 613.83 135666 4/1/2022 Bank of america business card BOA032922 Barco products 025-7100-410.34-05 4,224.53 4,462.94 BOA032922 Amazon 010-4200-410.33-10 23.91
BOA032922 White cap 010-4150-410.21-80 214.50
135667 4/1/2022 Bank of america business card BOA032922 Barco products 199-9999-425.40-01 9,785.22 9,785.22 BOA032922 Barco products 199-9999-425.40-01 -9,785.22
BOA032922 Barco products 199-9999-425.40-01 9,785.22
135668 4/1/2022 Bio-tox laboratories, inc. 42549 Analysis 010-3100-431.34-05 313.00 549.00 42548 Analysis 010-3100-431.34-05 236.00
135669 4/1/2022 Castellano's towing & recovery 80709 Towing services 010-3100-431.30-90 240.00 240.00 135670 4/1/2022 Central county united way UNITEDWAY032322 March 2022 contributions 085-0000-202.21-80 14.00 14.00 135671 4/1/2022 Core & main lp Q502499 Allegro meters 050-9000-450.33-30 13,825.19 13,825.19 135672 4/1/2022 Cricket consulting 1078 Scada integration 050-9000-450.30-90 900.00 900.00 135673 4/1/2022 Crossflow distributing, inc. 7C2-B032322 Drinking water delivery 010-2500-425.21-10 49.50 93.00 7C2-A032322 Drinking water delivery 010-3100-431.21-10 43.50 135674 4/1/2022 Eastern municipal water district EMWD032922 Utlity water services 010-7100-410.35-10 30.24 9,941.03

3.A.3.a
Packet Pg. 13
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135674 4/1/2022 Eastern municipal water district EMWD032922 Utlity water services 025-7250-410.35-10 456.70 9,941.03 EMWD032922 Utlity water services 025-7252-410.35-10 53.48 EMWD032922 Utlity water services 055-4170-450.35-10 64.46 EMWD032922 Utlity water services 034-3200-431.35-10 248.07 EMWD032922 Utlity water services 301-8831-500.35-10 1,815.78 EMWD032922 Utlity water services 303-8831-500.35-10 298.91 EMWD032922 Utlity water services 304-8831-500.35-10 216.23 EMWD032922 Utlity water services 305-8831-500.35-10 70.63 EMWD032922 Utlity water services 306-8831-500.35-10 22.71 EMWD032922 Utlity water services 307-8831-500.35-10 17.78 EMWD032922 Utlity water services 308-8831-500.35-10 232.40 EMWD032922 Utlity water services 310-8831-500.35-10 101.42 EMWD032922 Utlity water services 311-8831-500.35-10 147.64 EMWD032922 Utlity water services 313-8831-500.35-10 261.57 EMWD032922 Utlity water services 317-8831-500.35-10 18.42 EMWD032922 Utlity water services 321-8831-500.35-10 367.51 EMWD032922 Utlity water services 323-8831-500.35-10 272.82 EMWD032922 Utlity water services 325-8831-500.35-10 42.02 EMWD032922 Utlity water services 326-8831-500.35-10 462.98 EMWD032922 Utlity water services 327-8831-500.35-10 678.31 EMWD032922 Utlity water services 330-8831-500.35-10 160.80 EMWD032922 Utlity water services 331-8831-500.35-10 135.79 EMWD032922 Utlity water services 332-8831-500.35-10 373.79 EMWD032922 Utlity water services 334-8831-500.35-10 27.93 EMWD032922 Utlity water services 338-8831-500.35-10 50.83 EMWD032922 Utlity water services 339-8831-500.35-10 5.50 EMWD032922 Utlity water services 341-8831-500.35-10 425.91 EMWD032922 Utlity water services 343-8831-500.35-10 726.91 EMWD032922 Utlity water services 345-8831-500.35-10 196.67

3.A.3.a
Packet Pg. 14
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135674 4/1/2022 Eastern municipal water district EMWD032922 Utlity water services 351-8831-500.35-10 207.19 9,941.03 EMWD032922 Utlity water services 355-8831-500.35-10 25.84 EMWD032922 Utlity water services 359-8831-500.35-10 396.73 EMWD032922 Utlity water services 362-8831-500.35-10 207.57 EMWD032922 Utlity water services 363-8831-500.35-10 376.29 EMWD032922 Utlity water services 364-8831-500.35-10 20.09 EMWD032922 Utlity water services 365-8831-500.35-10 59.43 EMWD032922 Utlity water services 376-8831-500.35-10 619.80 EMWD032922 Utlity water services 353-8831-500.35-10 43.88 135675 4/1/2022 Engie services (formerly opterra) 90039747 Mv fees feb 2022 050-9000-450.34-05 704.01 2,699.26 90039749 Om fees feb 2022 050-9000-450.34-05 1,995.25
135676 4/1/2022 Family towing & recovery FTR031722A Towing services 010-3100-431.30-90 820.00 2,460.00 FTR031722B Towing services 010-3100-431.30-90 820.00
FTR031722C Towing services 010-3100-431.30-90 820.00
135677 4/1/2022 Frontier communications FRONTIER032822Telephone services 010-6500-425.35-16 52.82 52.82 135678 4/1/2022 Hasa inc 802249 Multi-chlor 050-9000-450.21-12 411.67 1,926.02 802250 Multi-chlor 050-9000-450.21-12 294.05
802251 Multi-chlor 050-9000-450.21-12 294.05
804544 Multi-chlor 050-9000-450.21-12 235.24
804545 Multi-chlor 050-9000-450.21-12 367.56
804541 Multi-chlor 050-9000-450.21-12 323.45
135679 4/1/2022 Hinderliter, de llamas & assoc SIN015689 Transactions tax 010-2500-425.30-90 600.00 600.00 135680 4/1/2022 Hirsch pipe & supply co., inc. 8157716 10 ft tube 050-9000-450.21-12 163.01 180.61 8159425 Pvc cap slip 050-9000-450.21-12 17.60
135681 4/1/2022 Home depot credit services 1122039 Supplies 034-3200-431.33-10 528.63 528.63 135682 4/1/2022 Image source 25AR1421736 Xerox copies 010-4200-410.34-05 96.02 2,202.37 25AR1421736 Xerox copies 010-3100-431.34-05 508.90
25AR1421736 Xerox copies 010-2500-425.34-05 1,597.45
135683 4/1/2022 Infosend inc. 205714 Data process/prep svcs 050-1400-414.34-05 831.19 10,661.80

3.A.3.a
Packet Pg. 15
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135683 4/1/2022 Infosend inc. 205714 Data process/prep svcs 055-1400-414.34-05 831.20 10,661.80 206027 Postage deposit 050-1400-414.34-05 106.04
206027 Postage deposit 055-1400-414.34-05 106.03
206850 Adress change service 050-1400-414.34-05 59.00
206850 Adress change service 055-1400-414.34-05 59.00
207638 Data process/prep svcs 050-1400-414.34-05 2,038.54 207638 Data process/prep svcs 055-1400-414.34-05 2,038.55 207862 Programming fee 050-1400-414.34-05 225.00
207862 Programming fee 055-1400-414.34-05 225.00
209318 Data process/prep svcs 050-1400-414.34-05 2,071.13 209318 Data process/prep svcs 055-1400-414.34-05 2,071.12 135684 4/1/2022 Johnson, lucy JOHNSON032922Reimburse b.l. conf hotel 010-1701-417.31-20 472.04 472.04 135685 4/1/2022 Leslie's pool supplies, inc. 00443-02-047862Granular pool shock 055-4170-450.21-12 294.43 294.43 135686 4/1/2022 Magner, tara MAGNER032122Reimburse baggage charges 010-9600-960.31-20 70.00 70.00 135687 4/1/2022 Maritza soto WATER032822 Refund water deposit 050-0000-229.08-70 26.20 70.48 WATER032822 Refund credit balance 050-0000-308.09-10 44.28 135688 4/1/2022 Mohammad raihan WATER032822 Refund water refund 050-0000-229.08-70 117.39 117.39 135689 4/1/2022 Nitesh patel WATER032822 Refund water refund 050-0000-229.08-70 92.03 92.03 135690 4/1/2022 O'reilly auto parts,inc. 5531-195899 Brake cleaner 050-9000-450.33-50 4.34 4.34 135691 4/1/2022 Osborn, mathew OSBORN091521Meal per diem 011-1700-417.31-20 125.00 125.00 135692 4/1/2022 Randel,travis RANDEL091521Meal per diem 011-1700-417.31-20 125.00 125.00 135693 4/1/2022 Rigoberto marroquin WATER032822 Refund water deposit 050-0000-229.08-70 21.05 21.05 135694 4/1/2022 Rutan & tucker 923632 Prof svcs through 2/28/22 010-1111-411.30-90 1,645.00 1,645.00 135695 4/1/2022 Seiu local 721 SEIU032322 March 2022 union dues 085-0000-202.21-43 2,276.13 2,276.13 135696 4/1/2022 Sesac 10533204 Music performance license 010-0000-103.12-34 1,055.76 1,055.76 135697 4/1/2022 Socal gas SOCALGAS022822 Utility gas services 010-2500-425.35-12 260.74 861.18 SOCALGAS022822 Utility gas services 010-6500-425.35-12 10.87 SOCALGAS022822 Utility gas services 010-3100-431.35-12 176.43

3.A.3.a
Packet Pg. 16
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135697 4/1/2022 Socal gas SOCALGAS022822 Utility gas services 010-4200-410.35-12 129.05 861.18 SOCALGAS022822 Utility gas services 034-3200-431.35-12 284.09 135698 4/1/2022 Southern california edison SCE032822 Electricity services 010-4150-410.35-14 424.43 632.99 SCE032822 Electricity services 343-8831-500.35-14 41.60 SCE032822 Electricity services 010-4150-410.35-14 150.26 SCE032822 Electricity services 347-8831-500.35-14 4.67
SCE032822 Electricity services 347-8831-500.35-14 12.03 135699 4/1/2022 Southern hill nursery, inc 1947 Eastern redbuds 025-7100-410.34-05 424.13 424.13 135700 4/1/2022 State of california dept of justice 570427 Analysis 010-3100-431.34-05 315.00 350.00 570482 Analysis 010-3100-431.34-05 35.00
135701 4/1/2022 Sunrun installation services inc 032322REFUNDARefund permit 21-01208 011-0000-303.02-21 285.08 673.15 032322REFUNDARefund permit 21-01208 011-0000-308.06-01 3.34 032322REFUNDARefund permit 21-01208 011-0000-308.06-30 31.83 032322REFUNDBRefund permit 21-01534 011-0000-303.02-21 313.82 032322REFUNDBRefund permit 21-01534 011-0000-308.06-01 3.89 032322REFUNDBRefund permit 21-01534 011-0000-308.06-30 35.19 135702 4/1/2022 Technology unlimited, inc 359406 Lttr opener maint renewal 017-2290-418.34-05 235.00 235.00 135703 4/1/2022 Time warner cable 0055371031022 Internet service 010-3100-431.34-05 356.96 356.96 135704 4/1/2022 Tony's tires TONYSTIRE032322 Tire patch 050-9000-450.33-50 25.00 25.00 135705 4/1/2022 Usa blue book 920017 Service line puller kit 050-9000-450.21-12 1,320.01 1,320.01 135706 4/1/2022 Verizon wireless 9901520834 Phone service 024-3100-431.21-90 144.79 5,503.57 9901910006 Phone service 010-1100-411.35-17 235.22
9901910006 Phone service 010-1200-412.35-17 98.57
9901910006 Phone service 011-1700-417.35-17 25.87
9901910006 Phone service 011-1700-417.21-80 459.13
9901910006 Phone service 010-3100-431.35-17 247.64
9901910006 Phone service 011-3300-431.35-17 54.65
9901910006 Phone service 010-3320-431.35-17 328.10
9901910006 Phone service 010-4140-410.35-17 160.86

3.A.3.a
Packet Pg. 17
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135706 4/1/2022 Verizon wireless 9901910006 Phone service 010-4140-410.21-80 459.13 5,503.57 9901910006 Phone service 010-4150-410.35-17 85.45
9901910006 Phone service 010-4200-410.35-17 63.75
9901910006 Phone service 010-7100-410.35-17 124.47
9901910006 Phone service 010-7100-410.21-80 459.13
9901910006 Phone service 010-7101-410.35-17 15.87
9901910006 Phone service 017-2290-418.35-17 281.20
9901910006 Phone service 017-2290-418.21-80 928.04
9901910006 Phone service 050-9000-450.35-17 256.70
9901910006 Phone service 050-9000-450.21-80 459.13
9901910006 Phone service 055-4170-450.35-17 103.37
9901910006 Phone service 055-4170-450.21-80 459.13
9901910006 Phone service 010-2500-425.35-17 53.37
135707 4/1/2022 White, kevin WHITE091521 Meal per diem 011-1700-417.31-20 125.00 125.00 135708 4/1/2022 William whitehead WATER032822 Refund water deposit 050-0000-229.08-70 72.49 72.49 135709 4/8/2022 Aarvig & associates, apc 120379 Defense costs #21-155896 020-2200-419.30-90 620.00 620.00 135710 4/8/2022 Anady's trophies, inc. 116796 Name plates 010-1100-411.21-10 17.13 49.76 116735 Name plates 010-1100-411.21-10 32.63
135711 4/8/2022 Andy gump, inc. INV906852 Fence rent 3/23-4/19/22 010-9600-960.34-05 92.92 92.92 135712 4/8/2022 Aqua metric sales company, inc. INV0087639 Water meters 050-9000-450.33-30 16,163.52 16,163.52 135713 4/8/2022 Aramark uniform service 588000434652 Uniform service 010-4150-410.21-35 36.05 548.52 588000434647 Uniform service 010-7101-410.21-35 9.01
588000434647 Uniform service 010-7100-410.21-35 45.57
588000429215 Uniform service 010-4140-410.21-35 27.03
588000429215 Uniform service 055-4170-450.21-35 36.04
588000429215 Uniform service 010-4200-410.21-35 11.17
588000429215 Uniform service 050-9000-450.21-35 63.14
588000429200 Uniform service 010-7101-410.21-35 9.01
588000429200 Uniform service 010-7100-410.21-35 45.57

3.A.3.a
Packet Pg. 18
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135713 4/8/2022 Aramark uniform service 588000434658 Uniform service 010-4140-410.21-35 27.04 548.52 588000434658 Uniform service 055-4170-450.21-35 36.06
588000434658 Uniform service 010-4200-410.21-35 11.21
588000434658 Uniform service 050-9000-450.21-35 63.07
588000429209 Uniform service 010-4150-410.21-35 36.05
588000434648 Floor mats 010-4200-410.34-05 46.25
588000429202 Floor mats 010-4200-410.34-05 46.25
135714 4/8/2022 Arlington computer products INV41968 Microsoft surface laptop 017-2290-418.40-45 2,889.75 2,889.75 135715 4/8/2022 Arrow printing, inc. 22864 City letterhead 010-2500-425.21-10 439.35 439.35 135716 4/8/2022 Babcock laboratories, inc. CC22483-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00 84.00 135717 4/8/2022 Calpers supplemental income plansCALPERS032822Sip #452544 085-0000-202.21-29 5,813.88 5,813.88 135718 4/8/2022 City net 2022-010067.R Outreach january 2022 010-9500-950.34-05 11,256.41 39,764.38 2022-010085 Emergency shltr jan 2022 010-9500-950.34-05 9,605.42 2022-020085 Emergency shltr feb 2022 010-9500-950.34-05 18,902.55 135719 4/8/2022 Dave's hauling 3212022 Channel clean up 010-4140-410.34-05 1,800.00 2,600.00 3252022 Easement clean up 025-7250-410.34-05 550.00
3282022 Easement clean up 025-7250-410.34-05 250.00
135720 4/8/2022 Department of conservation DEPTOFCON040522 Smip fees 1/1-3/31/22 065-0000-201.08-68 1,377.51 1,308.63 DEPTOFCON040522 Smip fees 1/1-3/31/22 010-0000-310.07-96 -68.88 135721 4/8/2022 Empower retirement, llc EMPOWER032822Group #109947 085-0000-202.21-29 950.00 950.00 135722 4/8/2022 Espinoza, julia ESPINOZA033122Reimb passport shipping 010-1110-411.21-65 44.85 44.85 135723 4/8/2022 Ewing incorporation 16284612 Brass flow meter 327-8831-500.34-05 939.60 1,573.64 16275642 Couplings & valve insert 199-9999-425.40-01 407.81 16275642 Couplings & valve insert 199-9999-425.40-01 -407.81 16275642 Couplings & valve insert 199-9999-425.40-01 407.81 16284681 Staples & valve insert 199-9999-425.40-01 226.23 16284681 Staples & valve insert 199-9999-425.40-01 -226.23 16284681 Staples & valve insert 199-9999-425.40-01 226.23 135724 4/8/2022 Executive image landscape & maint665 Mistletoe park repairs 025-7100-410.34-05 1,248.00 1,577.00

3.A.3.a
Packet Pg. 19
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135724 4/8/2022 Executive image landscape & maint660 Sallee repairs 025-7100-410.34-05 35.00 1,577.00 663 Rancho park repairs 025-7252-410.34-05 40.00
661 Main st dwntwn repairs 025-7250-410.34-05 60.00
656 Zone 20 repairs 320-8831-500.34-05 35.00
664 Zone 9 repairs 309-8831-500.34-05 129.00
651 Cty hall prkng lot repair 010-7100-410.34-05 30.00
135725 4/8/2022 Frontier communications FRONTIER040422Telephone services 010-3100-431.35-16 110.77 320.40 FRONTIER040422Telephone services 010-4200-410.35-16 209.63 135726 4/8/2022 Grainger 9252646741 Replacement ups battery 050-9000-450.33-30 373.97 373.97 135727 4/8/2022 Hemet valley tool, inc. 161135 Water roller 010-7100-410.33-30 16.31 72.04 161126 Rototiller 010-7100-410.33-30 55.73
135728 4/8/2022 Hirsch pipe & supply co., inc. 8169295 Economy test plugs 055-4170-450.21-12 17.70 17.70 135729 4/8/2022 Home depot credit services 8624488 Paint & rollers 025-7100-410.34-05 131.59 3,759.62 6010335 Supplies 010-4150-410.21-12 632.63
6514918 Supplies 025-7100-410.34-05 71.29
0272997 Board & stakes 010-7100-410.21-12 423.95
0184047 Cyclone 160 010-4150-410.21-12 2,500.16
135730 4/8/2022 Icma retirement trust ICMA032822 Group #300434 085-0000-202.21-29 3,038.56 3,188.18 ICMA032822 Group #300434 085-0000-202.21-28 149.62
135731 4/8/2022 Imperial sprinkler supply, inc 5025196-00 Stainless steel covers 330-8831-500.34-05 114.84 344.52 5025196-00 Stainless steel covers 305-8831-500.34-05 114.84 5025196-00 Stainless steel covers 313-8831-500.34-05 114.84 135732 4/8/2022 Infosend inc. 206026 Set up fee 050-1400-414.34-05 900.00 1,800.00 206026 Set up fee 055-1400-414.34-05 900.00
135733 4/8/2022 Inland empire landscape, inc. 38184 Install wood chips 313-8831-500.34-05 4,875.00 11,575.00 38203 Instll wood chips & roses 349-8831-500.34-05 6,700.00 135734 4/8/2022 Inland water works supply co. S1054016.002 Clamps 050-9000-450.21-12 200.77 200.77 135735 4/8/2022 Jeremy bishop PLAN033122 Refund deposit balance 065-0000-211.21-02 2,400.00 2,400.00 135736 4/8/2022 Johnson, rob JOHNSON040422Reimburse travel fees 010-9600-960.31-20 913.47 913.47

3.A.3.a
Packet Pg. 20
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135737 4/8/2022 Karl's tractor service 6423 Spring 2022 mowing 010-3320-431.34-05 195.00 1,020.00 6422 Spring 2022 mowing 010-3320-431.34-05 825.00
135738 4/8/2022 Magner, tara MAGNER040422Reimburse travel fees 010-9600-960.31-20 973.02 973.02 135739 4/8/2022 Magnolia environmental, llc 4123 Lead survey survey 199-9999-425.40-01 759.00 759.00 135740 4/8/2022 Martinez, ramon MARTINEZ040422Reimburse h/d/v expenses 010-2500-425.11-90 50.00 50.00 135741 4/8/2022 Murphy, tessa MURPHY040422Reimburse h/d/v expenses 010-2500-425.11-90 30.00 30.00 135742 4/8/2022 National safety compliance, inc. 89466 Epn report 010-4140-410.34-05 7.00 136.00 89466 Epn report 010-3320-431.34-05 7.00
89466 Epn report 010-1400-414.34-05 7.00
89466 Epn report 011-1700-417.34-05 11.00
89466 Epn report 102-1400-500.34-05 11.00
89466 Epn report 010-1210-412.34-05 11.00
89325 Dqf fees 010-4150-410.34-05 22.50
89325 Dqf fees 010-7100-410.34-05 15.00
89325 Dqf fees 050-9000-450.34-05 20.00
89325 Dqf fees 055-4170-450.34-05 10.00
89325 Dqf fees 010-4140-410.34-05 7.50
89466 Epn report 055-4170-450.34-05 7.00
135743 4/8/2022 Nutrien ag solutions,inc(crop prod) 47636302 Kleenup & activator 010-4150-410.21-14 1,850.99 1,959.74 47393213 Oil tote 010-4150-410.21-12 108.75
135744 4/8/2022 O'reilly auto parts,inc. 5531-195703 Wiper blades 050-9000-450.33-50 57.72 57.72 135745 4/8/2022 Pacific products & services llc 30039 Wedge puller 010-4150-410.21-12 1,012.14 1,012.14 135746 4/8/2022 Prill, thomas PRILL040422 Reimburse h/d/v expenses 010-2500-425.11-90 544.44 544.44 135747 4/8/2022 Riverside county TL0000016132 November 2021 costs 010-4150-410.32-05 20,613.87 29,802.98 TL0000016181 December 2021 costs 010-4150-410.32-05 9,189.11 135748 4/8/2022 Riverside county fire department 234723 Fire protection services 010-3200-431.34-04 538,531.69 1,213,956.56 234723 Fire protection services 034-3200-431.34-04 675,424.87 135749 4/8/2022 Robin gilliland consulting RGC033122 Consulting services 010-9500-950.34-05 6,000.00 6,000.00 135750 4/8/2022 Sc fuels 2097751-IN Clarion 050-9000-450.33-30 1,312.93 1,312.93

3.A.3.a
Packet Pg. 21
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135751 4/8/2022 Siemens,inc. 5620039127 Feb 2022 st light callout 010-4150-410.34-05 198.75 198.75 135752 4/8/2022 Southern california edison SCE033022 10335952/75904208 199-9999-425.40-01 5,000.00 5,000.00 135753 4/8/2022 Southern california edison SCE040422 Electricity services 010-4150-410.35-14 270.97 5,458.50 SCE040422 Electricity services 010-4200-410.35-14 18.18 SCE040422 Electricity services 025-7260-410.35-14 4,606.47 SCE040422 Electricity services 321-8831-500.35-14 45.13 SCE040422 Electricity services 010-4150-410.35-14 72.31 SCE040422 Electricity services 325-8831-500.35-14 17.24 SCE040422 Electricity services 330-8831-500.35-14 185.32 SCE040422 Electricity services 361-8831-500.35-14 216.26 SCE040422 Electricity services 391-8831-500.35-14 26.62 135754 4/8/2022 Staples business advantage, inc. 3502943262 Liner waste 010-2500-425.21-10 27.34 2,267.05 3502943263 Cups & sd card 010-3100-431.21-10 72.13
3502943264 Sd card 010-3320-431.21-10 43.48
3502943265 Supplies 010-2500-425.21-10 15.30
3502943265 Supplies 010-1210-412.21-10 33.50
3502943266 Supplies 010-2500-425.21-10 49.47
3502943266 Supplies 010-1110-411.21-10 70.44
3502943267 Supplies 011-1700-417.21-10 15.27
3502943268 Supplies 011-1700-417.21-10 1.58
3502463718 Supplies 010-2500-425.21-10 591.72
3502463719 Supplies 010-3100-431.21-10 159.65
3502463720 Supplies 010-2500-425.21-10 117.29
3502463722 Supplies 010-1400-414.21-10 99.33
3502463723 Accordion file folders 010-1400-414.21-10 22.99 3502463725 Manila folders 010-3320-431.21-10 34.08
3502463727 Supplies 010-2500-425.21-10 82.62
3502463728 Supplies 010-1400-414.21-10 204.34
3502463729 Supplies 010-2500-425.21-10 210.17

3.A.3.a
Packet Pg. 22
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135754 4/8/2022 Staples business advantage, inc. 3502463729 Supplies 011-1700-417.21-10 416.35 2,267.05 135755 4/8/2022 State of california dept of justice 561286 Fingerprinting 010-1210-412.30-90 96.00 388.00 561286 Fingerprinting 065-0000-211.21-02 130.00
561286 Fingerprinting 011-1700-417.30-90 17.00
567068 Fingerprinting 010-1210-412.30-90 64.00
567068 Fingerprinting 065-0000-211.21-02 17.00
567068 Fingerprinting 065-0000-211.21-02 64.00
135756 4/8/2022 Superior ready mix concrete, l.p. 267010 Fill sand 050-9000-450.21-12 701.36 701.36 135757 4/8/2022 Talley metal supply, inc. 50936 Rebar 010-7100-410.21-12 17.93 17.93 135758 4/8/2022 Time warner cable 0541420032722 Internet services 017-2290-418.34-20 5,020.91 5,020.91 135759 4/8/2022 Underground service alert 320220677 Monthly ticketing svc 050-9000-450.30-90 99.10 99.10 135760 4/8/2022 Usa blue book 927904 Gloves & chlorine 050-9000-450.33-30 142.18 7,446.28 927808 Supplies 050-9000-450.33-30 3,427.83
929480 Analyzer 050-9000-450.33-30 3,567.65
930947 Chlorine 050-9000-450.33-30 308.62
135761 4/8/2022 Vasquez, victor VASQUEZ040422Reimburse h/d/v expenses 010-2500-425.11-90 342.83 342.83 135762 4/8/2022 Viking maintenance services llc,inc4253722 April cleaning services 010-2500-425.34-05 1,335.60 1,929.20 4253722 April cleaning services 010-4200-410.34-05 466.40 4253722 April cleaning services 010-7400-425.34-05 127.20 135763 4/8/2022 West coast arborists, inc 183275 Grid pruning 343-8831-500.34-05 11,776.00 16,042.00 183607 Grid pruning 309-8831-500.34-05 4,266.00
135764 4/8/2022 Xerox financial services 3148314 Copier lease 3/7-4/6/22 010-4200-410.34-05 437.05 2,823.41 3148314 Copier lease 3/7-4/6/22 010-3100-431.34-05 571.35 3148314 Copier lease 3/7-4/6/22 010-2500-425.34-05 1,815.01 135765 4/8/2022 Yanez, crystal v. YANEZ040422 Reimburse h/d/v expenses 010-2500-425.11-90 150.00 608.20 YANEZ040522 Reimburse h/d/v expenses 010-2500-425.11-90 458.20 135766 4/8/2022 Yarnall, rene YARNALL040522Reimburse travel expenses 010-9600-960.31-20 970.10 970.10 135767 4/8/2022 Youhouse, joseph YOUHOUSE040522 Reimburse h/d/v expenses 010-2500-425.11-90 21.19 21.19

3.A.3.a
Packet Pg. 23
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135768 4/15/2022 Abm janitorial services 17003019 April 2022 services 010-3100-431.34-05 2,896.65 2,896.65 135769 4/15/2022 Adt security services, inc. 912883966 Alarm srvice 4/22-5/21/22 010-6100-425.34-05 44.99 44.99 135770 4/15/2022 Aflac 778889 March 2022 premium 085-0000-202.21-27 1,424.96 1,424.96 135771 4/15/2022 American forensic nurses, inc. 75863 4 blood draws 010-3100-431.34-05 244.88 244.88 135772 4/15/2022 Appleone employment services 01-6183026 W/e 1/22/22 010-1400-414.10-04 1,270.88 2,844.44 01-6253024 W/e 3/26/22 010-1110-411.10-04 932.48
01-6261336 W/e 4/2/22 010-1110-411.10-04 641.08
135773 4/15/2022 Aramark uniform service 588000440257 Uniform service 010-7101-410.21-35 9.01 136.88 588000440257 Uniform service 010-7100-410.21-35 45.57
588000440267 Uniform service 010-4150-410.34-05 36.05
588000440260 Floor mats 010-4200-410.34-05 46.25
135774 4/15/2022 Automated gate services, inc. 66071528 Maintenance service 010-3100-431.33-10 250.00 250.00 135775 4/15/2022 B & w pipe & supply 170600 Valve box, pvc & cement 025-7100-410.34-05 301.65 722.40 170618 Supplies 025-7100-410.34-05 219.62
170691 Concrete 025-7100-410.34-05 13.56
170667 Parts 025-7100-410.34-05 16.61
170656 6" extension for vlv box 025-7100-410.34-05 26.28 170668 Parts 025-7100-410.34-05 9.81
170646 Emitter & staples 025-7100-410.34-05 134.87
135776 4/15/2022 Babcock laboratories, inc. CD20398-0278 Analysis 050-9000-450.30-90 1,194.02 1,592.24 CD20316-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00 CD20317-0278 Hexavalent chromium by ic 050-9000-450.30-90 314.22 135777 4/15/2022 Bcc benefit coordinators corp 10771 Group #eia00093 085-0000-202.21-46 4,155.14 9,149.68 10771 Group #eia00093 085-0000-202.21-52 592.34
BCCD041122 April 2022 premium 085-0000-202.21-32 4,337.20 BCCD041122 April 2022 premium 065-0000-201.08-64 65.00
135778 4/15/2022 California building standards CBSC040622 Cbsc fees 1/1/22-3/31/22 065-0000-201.09-03 514.00 462.60 CBSC040622 10% withheld 010-0000-310.07-96 -51.40
135779 4/15/2022 Calpers supplemental income plansCALPERS041122Sip #452544 085-0000-202.21-29 6,169.66 6,169.66

3.A.3.a
Packet Pg. 24
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135780 4/15/2022 Clark's towing and recovery S8045J Evidence tow 010-3100-431.30-90 70.00 13,405.00 S8044J Evidence tow 010-3100-431.30-90 3,755.00
S8047J Evidence tow 010-3100-431.30-90 4,790.00
S8046J Evidence tow 010-3100-431.30-90 4,790.00
135781 4/15/2022 Coast fitness repair shop 81455 50% dep for fitness equip 064-3100-431.40-45 16,956.72 16,956.72 135782 4/15/2022 Crime scene cleaners 20220328 Biohazard clean up 010-3100-431.34-05 950.00 950.00 135783 4/15/2022 Cubicle and office, inc 2095 Door add on & hardware 199-9999-425.40-01 3,315.22 3,315.22 2095 Door add on & hardware 199-9999-425.40-01 -3,315.22 2095 Door add on & hardware 199-9999-425.40-01 3,315.22 135784 4/15/2022 Dave's hauling 033122TRASH Trash service march 2022 301-8831-500.34-05 48.00 17,239.00 033122TRASH Trash service march 2022 307-8831-500.34-05 24.00 033122TRASH Trash service march 2022 308-8831-500.34-05 96.00 033122TRASH Trash service march 2022 311-8831-500.34-05 220.00 033122TRASH Trash service march 2022 313-8831-500.34-05 96.00 033122TRASH Trash service march 2022 320-8831-500.34-05 144.00 033122TRASH Trash service march 2022 321-8831-500.34-05 72.00 033122TRASH Trash service march 2022 322-8831-500.34-05 120.00 033122TRASH Trash service march 2022 325-8831-500.34-05 96.00 033122TRASH Trash service march 2022 326-8831-500.34-05 144.00 033122TRASH Trash service march 2022 327-8831-500.34-05 72.00 033122TRASH Trash service march 2022 329-8831-500.34-05 72.00 033122TRASH Trash service march 2022 330-8831-500.34-05 96.00 033122TRASH Trash service march 2022 331-8831-500.34-05 72.00 033122TRASH Trash service march 2022 332-8831-500.34-05 96.00 033122TRASH Trash service march 2022 338-8831-500.34-05 72.00 033122TRASH Trash service march 2022 341-8831-500.34-05 48.00 033122TRASH Trash service march 2022 343-8831-500.34-05 48.00 033122TRASH Trash service march 2022 345-8831-500.34-05 96.00 033122TRASH Trash service march 2022 346-8831-500.34-05 72.00

3.A.3.a
Packet Pg. 25
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135784 4/15/2022 Dave's hauling 033122TRASH Trash service march 2022 353-8831-500.34-05 48.00 17,239.00 033122TRASH Trash service march 2022 355-8831-500.34-05 24.00 033122TRASH Trash service march 2022 362-8831-500.34-05 24.00 033122TRASH Trash service march 2022 363-8831-500.34-05 120.00 033122TRASH Trash service march 2022 367-8831-500.34-05 72.00 033122TRASH Trash service march 2022 376-8831-500.34-05 568.00 033122TRASH Trash service march 2022 025-7252-410.34-05 24.00 033122TRASH Trash service march 2022 025-7252-410.34-05 48.00 033122TRASH Trash service march 2022 025-7252-410.34-05 24.00 033122TRASH Trash service march 2022 025-7252-410.34-05 24.00 033122TRASH Trash service march 2022 025-7100-410.34-05 24.00 033122TRASH Trash service march 2022 025-7100-410.34-05 120.00 033122TRASH Trash service march 2022 025-7100-410.34-05 808.00 033122TRASH Trash service march 2022 025-7252-410.34-05 1,349.00 033122TRASH Trash service march 2022 025-7100-410.34-05 72.00 033122TRASH Trash service march 2022 025-7100-410.34-05 150.00 033122TRASH Trash service march 2022 025-7250-410.34-05 168.00 033122TRASH Trash service march 2022 010-7100-410.34-05 24.00 033122TRASH Trash service march 2022 010-3100-431.34-05 24.00 033122TRASH Trash service march 2022 010-4150-410.34-05 320.00 422022 Channel clean up 010-4140-410.34-05 2,040.00
492022 Street clean up 010-4150-410.34-05 720.00
412022 March 2022 st clean up 010-4150-410.34-05 8,640.00 135785 4/15/2022 Dewey pest control inc. 15028726 April 2022 service 034-3200-431.34-05 40.00 40.00 135786 4/15/2022 Eastern municipal water district EMWD041122A Feb swr/trsh settlement 055-0000-308.07-30 -57,216.04 181,477.30 EMWD041122A Feb swr/trsh settlement 055-0000-201.20-40 139,316.62 EMWD041122ABMarch swr/trsh settlement 055-0000-308.07-30 -71,712.23 EMWD041122ABMarch swr/trsh settlement 055-0000-201.20-40 171,088.95 135787 4/15/2022 Empower retirement, llc EMPOWER041122Group #109947 085-0000-202.21-29 950.00 950.00

3.A.3.a
Packet Pg. 26
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135788 4/15/2022 Engineered installation solutions 1124 Fitness court install 199-9999-425.40-01 28,500.00 28,500.00 1124 Fitness court install 199-9999-425.40-01 -28,500.00 1124 Fitness court install 199-9999-425.40-01 28,500.00 135789 4/15/2022 Espinosa, cynthia ESPINOSA041122Mileage reimbursement 010-1200-412.31-20 51.36 51.36 135790 4/15/2022 Executive image landscape & maint670 City hall repairs 010-7100-410.34-05 128.00 128.00 135791 4/15/2022 Eyemed vision care 165209646 April 2022 premium 085-0000-202.21-35 1,205.91 1,222.79 165209646 April 2022 premium 065-0000-201.08-64 16.88
135792 4/15/2022 Fedex corporation 9-621-94173 Freight late fee 011-1700-417.21-65 7.61 7.61 135793 4/15/2022 Frontier communications FRONTIER041122Telephone services 010-3100-431.35-16 93.17 93.17 135794 4/15/2022 Government finance officers assoc.2266310 Membership renewal 010-1400-414.30-16 150.00 150.00 135795 4/15/2022 Hemet industrial supply 56946 Parts 010-7100-410.21-12 198.82 448.32 56946 Parts 055-4170-450.21-12 141.97
56922 Hi temp thread locker 025-7100-410.34-05 107.53
135796 4/15/2022 Hemet valley tool, inc. 161175 Champion ct7 cutter 025-7100-410.34-05 76.11 830.73 161366 Supplies 010-7100-410.33-30 296.89
161171 Holesaws 025-7100-410.34-05 27.08
161536 Bender & stepdrill 010-4150-410.21-12 268.61
161064 Trencher 010-7100-410.33-30 162.04
135797 4/15/2022 Hirsch pipe & supply co., inc. 8172303 Parts 025-7100-410.34-05 28.30 28.30 135798 4/15/2022 Home depot credit services 3021784 Parts & supplies 010-4150-410.21-12 1,406.16 2,024.69 2011173 Parts & supplies 010-7100-410.21-12 287.99
2273583 Parts & supplies 010-7100-410.21-12 92.29
7111338 Parts & supplies 010-3100-431.33-10 238.25
135799 4/15/2022 Icma retirement trust ICMA041122 Group #300434 085-0000-202.21-29 3,038.56 3,038.56 135800 4/15/2022 Imperial sprinkler supply, inc 5031172-00 Calsense upgrades 343-8831-500.34-05 6,565.02 12,655.94 5031027-00 Calsense supplies 308-8831-500.34-05 6,090.92 135801 4/15/2022 Inland empire landscape, inc. 38310 Maintenance march 2022 025-7250-410.34-05 225.00 48,491.83 38310 Maintenance march 2022 025-7100-410.34-05 800.00
38310 Maintenance march 2022 301-8831-500.34-05 2,411.75

3.A.3.a
Packet Pg. 27
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135801 4/15/2022 Inland empire landscape, inc. 38310 Maintenance march 2022 303-8831-500.34-05 1,813.95 48,491.83 38310 Maintenance march 2022 305-8831-500.34-05 604.65
38310 Maintenance march 2022 306-8831-500.34-05 460.00
38310 Maintenance march 2022 307-8831-500.34-05 2,720.93 38310 Maintenance march 2022 308-8831-500.34-05 2,741.08 38310 Maintenance march 2022 311-8831-500.34-05 1,660.00 38310 Maintenance march 2022 313-8831-500.34-05 1,662.79 38310 Maintenance march 2022 321-8831-500.34-05 2,157.17 38310 Maintenance march 2022 323-8831-500.34-05 377.91
38310 Maintenance march 2022 325-8831-500.34-05 478.68
38310 Maintenance march 2022 326-8831-500.34-05 1,728.30 38310 Maintenance march 2022 327-8831-500.34-05 2,164.11 38310 Maintenance march 2022 329-8831-500.34-05 1,058.14 38310 Maintenance march 2022 330-8831-500.34-05 1,700.00 38310 Maintenance march 2022 332-8831-500.34-05 1,284.88 38310 Maintenance march 2022 338-8831-500.34-05 1,058.14 38310 Maintenance march 2022 340-8831-500.34-05 65.00
38310 Maintenance march 2022 341-8831-500.34-05 604.65
38310 Maintenance march 2022 343-8831-500.34-05 982.56
38310 Maintenance march 2022 345-8831-500.34-05 1,148.83 38310 Maintenance march 2022 346-8831-500.34-05 735.66
38310 Maintenance march 2022 351-8831-500.34-05 476.67
38310 Maintenance march 2022 353-8831-500.34-05 1,216.67 38310 Maintenance march 2022 355-8831-500.34-05 498.84
38310 Maintenance march 2022 359-8831-500.34-05 346.67
38310 Maintenance march 2022 362-8831-500.34-05 434.00
38310 Maintenance march 2022 363-8831-500.34-05 3,048.45 38310 Maintenance march 2022 364-8831-500.34-05 108.33
38310 Maintenance march 2022 365-8831-500.34-05 305.85

3.A.3.a
Packet Pg. 28
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135801 4/15/2022 Inland empire landscape, inc. 38310 Maintenance march 2022 376-8831-500.34-05 1,257.17 48,491.83 38310 Maintenance march 2022 386-8831-500.34-05 250.00
38310 Maintenance march 2022 050-9000-450.34-05 125.00
38310 Maintenance march 2022 349-8831-500.34-05 1,728.00 38311 Valve checks march 2022 025-7250-410.34-05 120.00 38311 Valve checks march 2022 025-7100-410.34-05 126.00 38311 Valve checks march 2022 308-8831-500.34-05 558.00 38311 Valve checks march 2022 313-8831-500.34-05 366.00 38311 Valve checks march 2022 321-8831-500.34-05 378.00 38311 Valve checks march 2022 323-8831-500.34-05 60.00
38311 Valve checks march 2022 326-8831-500.34-05 510.00 38311 Valve checks march 2022 332-8831-500.34-05 264.00 38311 Valve checks march 2022 343-8831-500.34-05 480.00 38311 Valve checks march 2022 345-8831-500.34-05 534.00 38311 Valve checks march 2022 346-8831-500.34-05 270.00 38311 Valve checks march 2022 362-8831-500.34-05 168.00 38311 Valve checks march 2022 364-8831-500.34-05 12.00
38311 Valve checks march 2022 365-8831-500.34-05 30.00
38311 Valve checks march 2022 351-8831-500.34-05 132.00 38311 Valve checks march 2022 311-8831-500.34-05 318.00 38311 Valve checks march 2022 338-8831-500.34-05 282.00 38311 Valve checks march 2022 353-8831-500.34-05 180.00 38311 Valve checks march 2022 376-8831-500.34-05 432.00 38311 Valve checks march 2022 303-8831-500.34-05 210.00 38311 Valve checks march 2022 325-8831-500.34-05 132.00 38311 Valve checks march 2022 329-8831-500.34-05 348.00 38311 Valve checks march 2022 305-8831-500.34-05 42.00
38311 Valve checks march 2022 307-8831-500.34-05 198.00 38311 Valve checks march 2022 301-8831-500.34-05 258.00

3.A.3.a
Packet Pg. 29
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135801 4/15/2022 Inland empire landscape, inc. 38311 Valve checks march 2022 355-8831-500.34-05 72.00 48,491.83 38311 Valve checks march 2022 306-8831-500.34-05 60.00
38311 Valve checks march 2022 341-8831-500.34-05 168.00 38311 Valve checks march 2022 359-8831-500.34-05 156.00 38311 Valve checks march 2022 327-8831-500.34-05 324.00 38311 Valve checks march 2022 386-8831-500.34-05 72.00
38311 Valve checks march 2022 050-9000-450.34-05 6.00
38311 Valve checks march 2022 330-8831-500.34-05 228.00 38311 Valve checks march 2022 349-8831-500.34-05 198.00 38311 Valve checks march 2022 363-8831-500.34-05 360.00 135802 4/15/2022 Innovative growth lanscape 007 Woodchip installation 010-7100-410.34-05 8,190.00 9,500.00 006 Remove & upgrade calsense 343-8831-500.34-05 625.00 005 Remove & upgrade calsense 308-8831-500.34-05 685.00 135803 4/15/2022 Jim's backflow service JIMS033122 Repair backflow device 345-8831-500.34-05 75.00 75.00 135804 4/15/2022 Johnson, rob JOHNSON040522Reimb food 4 closed mtng 010-1100-411.31-20 54.10 54.10 135805 4/15/2022 Kaiser foundation health plan, inc 335231723672 May 2022 premium 085-0000-202.21-39 26,486.56 26,486.56 135806 4/15/2022 Lake hemet municipal water districtLHMWD040622DUtility water services 367-8831-500.35-10 146.65 1,112.46 LHMWD040622CUtility water services 302-8831-500.35-10 167.51 LHMWD040622BUtility water services 322-8831-500.35-10 754.35 LHMWD040622AUtility water services 367-8831-500.35-10 43.95 135807 4/15/2022 Marquez, ernest MARQUEZ040722Reimburse tuition 010-2500-425.31-20 349.99 349.99 135808 4/15/2022 Melendez consulting, inc. #0108-2022 March 2022 consulting svc 010-9600-960.34-05 3,000.00 3,000.00 135809 4/15/2022 Minuteman press, inc. 59332 214 weekly notices 048-1400-414.36-10 174.32 174.32 135810 4/15/2022 New ramona cleaners NRC032222 Table runner dry cleaning 010-1100-411.31-20 119.98 119.98 135811 4/15/2022 O'reilly auto parts,inc. 5531-466590A Remng bal of 5531-466590 055-4170-450.33-30 14.55 14.55 135812 4/15/2022 Online information services, inc. 1118133 Utility exchange report 050-1400-414.34-05 77.90 450.73 1118133 Utility exchange report 055-1400-414.34-05 77.90 468300000343 Coll transactions fees 050-0000-308.09-10 294.93 135813 4/15/2022 Ortco, inc 22-062 Security fence rental 025-7252-410.34-05 1,500.00 37,400.00

3.A.3.a
Packet Pg. 30
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135813 4/15/2022 Ortco, inc 22-063 Demo & install @ rancho 025-7252-410.34-05 35,900.00 37,400.00 135814 4/15/2022 Overnight industrial supply,inc. 22668 Cleaning supplies 010-4200-410.33-10 309.07 503.30 22669 Liners 025-7100-410.34-05 64.74
22669 Liners 025-7252-410.34-05 64.74
22669 Liners 376-8831-500.34-05 64.75
135815 4/15/2022 Pju telecomm, inc. 31430 Telephone repairs 010-3100-431.33-10 190.31 190.31 135816 4/15/2022 Planetbids, inc. 0422125 Pb sys vendor & bid mgmt 017-2290-418.34-05 4,234.32 4,234.32 135817 4/15/2022 Public trust advisors, llc 233306 Investment mgmt fee 010-2500-425.30-90 2,127.95 2,127.95 135818 4/15/2022 Regional conservation authority 040622MSHCP Mshcp fees march 2022 065-0000-201.08-81 58,160.00 58,160.00 135819 4/15/2022 Rightway site services, inc. 299954 Rent & labor 3/30-4/26/22 010-3100-431.34-50 93.68 93.68 135820 4/15/2022 Riverside county PU0000005389 Fleet fuel feb 2022 010-2500-425.21-70 43.24 5,273.02 PU0000005389 Fleet fuel feb 2022 010-3320-431.21-70 292.91 PU0000005389 Fleet fuel feb 2022 011-3300-431.21-70 263.95 PU0000005389 Fleet fuel feb 2022 010-3100-431.21-70 383.14 PU0000005389 Fleet fuel feb 2022 055-4170-450.21-70 461.73 PU0000005389 Fleet fuel feb 2022 050-9000-450.21-70 956.54 PU0000005389 Fleet fuel feb 2022 010-4150-410.21-70 1,026.10 PU0000005389 Fleet fuel feb 2022 010-7100-410.21-70 828.72 PU0000005389 Fleet fuel feb 2022 010-4140-410.21-70 580.91 PU0000005389 Fleet fuel feb 2022 010-7101-410.21-70 435.78 135821 4/15/2022 Riverside county assessor-clerk- CLERK013122 Recordation services 400-0000-229.07-00 56.00 396.00 CLERK013122 Recordation services 179-9700-470.30-90 20.00 CLERK013122 Recordation services 010-3320-431.30-90 300.00 CLERK022822 Recordation services 179-9700-470.30-90 20.00 135822 4/15/2022 Riverside county sheriff departmentSH0000040743 Contract law bp #8 010-3100-431.34-04 778,520.89 883,699.13 SH0000040743 Contract law bp #8 010-3100-431.34-06 19,393.52 SH0000040743 Contract law bp #8 034-3100-431.34-04 85,784.72 135823 4/15/2022 Romeril plumbing & hardware 17692 Supplies 010-7101-410.21-12 100.80 1,651.82 17703 Supplies 010-7101-410.21-12 116.75

3.A.3.a
Packet Pg. 31
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135823 4/15/2022 Romeril plumbing & hardware 17738 Supplies 010-7101-410.21-12 130.83 1,651.82 17687 Supplies 345-8831-500.34-05 56.08
17687 Supplies 025-7100-410.34-05 45.50
17687 Supplies 025-7252-410.34-05 56.53
17676 Supplies 010-7400-425.33-10 84.22
17676 Supplies 025-7100-410.34-05 40.50
17676 Supplies 010-2500-425.33-10 30.71
17672 Supplies 010-7100-410.21-80 70.67
17672 Supplies 025-7100-410.34-05 66.97
17702 Supplies 323-8831-500.34-05 6.72
17702 Supplies 025-7100-410.34-05 32.35
17683 H75 ford key 010-3100-431.21-50 7.59
17718 Super glue 010-3100-431.21-50 3.25
17711 Supplies 010-2500-425.33-10 48.69
17711 Supplies 025-7100-410.34-05 113.45
17717 Supplies 025-7100-410.34-05 74.48
17739 Supplies 025-7100-410.34-05 116.88
17726 Supplies 025-7100-410.34-05 143.64
17726 Supplies 025-7100-410.34-05 11.74
17723 Supplies 025-7100-410.34-05 46.74
17723 Supplies 010-2500-425.33-10 14.97
17723 Supplies 025-7100-410.34-05 84.82
17730 Supplies 010-4150-410.21-12 54.15
17705 Supplies 010-4150-410.21-12 70.35
17740 Supplies 010-4150-410.21-12 22.44
135824 4/15/2022 Rose city label 155497 Junior police stars 010-3100-431.36-25 302.00 302.00 135825 4/15/2022 Row traffic safety inc 17424 Sign mount 010-4150-410.21-12 543.75 2,440.35 17423 Anchor w/ birdmount point 010-4150-410.21-12 1,896.60 135826 4/15/2022 Ruiz, crystal RUIZ041122 Meal per diem 010-1100-411.31-20 42.00 42.00

3.A.3.a
Packet Pg. 32
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135827 4/15/2022 Securtec district patrol, inc. 0322-SJA March 2022 ticketing svc 056-4150-410.34-05 9,339.28 9,339.28 135828 4/15/2022 Southern california edison SCE041222 Electricity services 010-2500-414.36-97 5.57 9,398.35 SCE041222 Electricity services 010-4150-410.35-14 260.87 SCE041222 Electricity services 010-4200-410.35-14 17.74 SCE041222 Electricity services 025-7100-410.35-14 18.67 SCE041222 Electricity services 025-7250-410.35-14 176.31 SCE041222 Electricity services 025-7260-410.35-14 2,818.49 SCE041222 Electricity services 050-9000-450.35-14 1,297.37 SCE041222 Electricity services 055-4170-450.35-14 253.69 SCE041222 Electricity services 201-8850-500.35-14 167.94 SCE041222 Electricity services 301-8831-500.35-14 31.92 SCE041222 Electricity services 302-8831-500.35-14 18.53 SCE041222 Electricity services 303-8831-500.35-14 36.89 SCE041222 Electricity services 304-8831-500.35-14 41.83 SCE041222 Electricity services 305-8831-500.35-14 37.04 SCE041222 Electricity services 306-8831-500.35-14 37.65 SCE041222 Electricity services 309-8831-500.35-14 50.25 SCE041222 Electricity services 313-8831-500.35-14 38.89 SCE041222 Electricity services 316-8831-500.35-14 18.14 SCE041222 Electricity services 317-8831-500.35-14 18.32 SCE041222 Electricity services 321-8831-500.35-14 230.08 SCE041222 Electricity services 323-8831-500.35-14 55.88 SCE041222 Electricity services 325-8831-500.35-14 18.31 SCE041222 Electricity services 327-8831-500.35-14 29.53 SCE041222 Electricity services 329-8831-500.35-14 24.66 SCE041222 Electricity services 332-8831-500.35-14 -120.94 SCE041222 Electricity services 338-8831-500.35-14 63.73 SCE041222 Electricity services 353-8831-500.35-14 25.36 SCE041222 Electricity services 363-8831-500.35-14 20.58

3.A.3.a
Packet Pg. 33
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135828 4/15/2022 Southern california edison SCE041222 Electricity services 368-8831-500.35-14 54.61 9,398.35 SCE041222 Electricity services 309-8831-500.35-14 433.34 SCE041222 Electricity services 345-8831-500.35-14 1,123.60 SCE041222 Electricity services 321-8831-500.35-14 12.64 SCE041222 Electricity services 334-8831-500.35-14 111.84 SCE041222 Electricity services 376-8831-500.35-14 300.23 SCE041222 Electricity services 332-8831-500.35-14 153.04 SCE041222 Electricity services 310-8831-500.35-14 71.28 SCE041222 Electricity services 010-4150-410.35-14 570.33 SCE041222 Electricity services 010-4150-410.35-14 54.19 SCE041222 Electricity services 025-7260-410.35-14 467.44 SCE041222 Electricity services 309-8831-500.35-14 7.39
SCE041222 Electricity services 315-8831-500.35-14 4.94
SCE041222 Electricity services 322-8831-500.35-14 15.83 SCE041222 Electricity services 324-8831-500.35-14 27.84 SCE041222 Electricity services 326-8831-500.35-14 15.73 SCE041222 Electricity services 342-8831-500.35-14 10.82 SCE041222 Electricity services 354-8831-500.35-14 4.94
SCE041222 Electricity services 359-8831-500.35-14 11.71 SCE041222 Electricity services 367-8831-500.35-14 5.28
SCE041222 Electricity services 371-8831-500.35-14 4.94
SCE041222 Electricity services 373-8831-500.35-14 4.94
SCE041222 Electricity services 375-8831-500.35-14 6.02
SCE041222 Electricity services 403-8835-500.35-14 11.63 SCE041222 Electricity services 301-8831-500.35-14 22.51 SCE041222 Electricity services 309-8831-500.35-14 10.43 SCE041222 Electricity services 315-8831-500.35-14 12.04 SCE041222 Electricity services 345-8831-500.35-14 7.39
SCE041222 Electricity services 346-8831-500.35-14 7.39

3.A.3.a
Packet Pg. 34
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135828 4/15/2022 Southern california edison SCE041222 Electricity services 347-8831-500.35-14 17.53 9,398.35 SCE041222 Electricity services 349-8831-500.35-14 17.53 SCE041222 Electricity services 354-8831-500.35-14 12.04 SCE041222 Electricity services 359-8831-500.35-14 45.81 SCE041222 Electricity services 371-8831-500.35-14 12.04 SCE041222 Electricity services 373-8831-500.35-14 12.04 SCE041222 Electricity services 374-8831-500.35-14 9.18
SCE041222 Electricity services 375-8831-500.35-14 10.09 SCE041222 Electricity services 385-8831-500.35-14 17.09 SCE041222 Electricity services 386-8831-500.35-14 7.39
135829 4/15/2022 Southern california radar/laser 422121 Lidar certificates 024-3100-431.33-11 300.00 300.00 135830 4/15/2022 Staples business advantage, inc. 3503477840 Office supplies 011-1700-417.21-10 29.35 1,431.86 3503477841 Office supplies 011-1700-417.21-10 28.81
3503477842 Office supplies 010-1200-412.21-10 54.14
3503477843 Office supplies 010-1110-411.21-10 54.18
3503477844 Office supplies 010-2500-425.21-10 173.04
3501982615 Office supplies 010-3100-431.21-10 41.04
3501982616 Office supplies 010-3100-431.21-10 167.67
3501982617 Office supplies 010-4200-410.21-10 875.64
3501982618 Office supplies 010-4200-410.21-10 7.99
135831 4/15/2022 Superion, llc (formerly sungard) 350338 May 2022 maint fees 010-1400-414.34-05 5,072.38 5,072.38 135832 4/15/2022 Superior ready mix concrete, l.p. 270493 Pump & mixer 010-4150-410.34-05 1,592.55 3,161.10 271178 Pump & mixer 025-7100-410.34-05 1,568.55
135833 4/15/2022 Talley metal supply, inc. 51641 Sheet metal 010-7100-410.21-12 24.78 24.78 135834 4/15/2022 Tony's tires TONYSTIRE033122 New tires 010-4140-410.33-50 430.00 430.00 135835 4/15/2022 Transamerica life insurance company2504558626 March 2022 premium 085-0000-202.21-59 176.32 176.32 135836 4/15/2022 Tri-state materials, inc 100530 Landscape materials 199-9999-425.40-01 1,608.19 1,608.19 100530 Landscape materials 199-9999-425.40-01 -1,608.19 100530 Landscape materials 199-9999-425.40-01 1,608.19

3.A.3.a
Packet Pg. 35
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135837 4/15/2022 Unitedhealthcare ins (ppo) 8195696027823 April 2022 premium 085-0000-202.21-39 925.56 925.56 135838 4/15/2022 Voyager fleet systems, inc. 8691587092213 Fleet fuel 024-3100-431.21-70 339.19 3,527.41 8691587092213 Fleet fuel 055-4170-450.21-70 926.46
8691587092213 Fleet fuel 050-9000-450.21-70 832.42
8691587092213 Fleet fuel 010-4150-410.21-70 502.54
8691587092213 Fleet fuel 010-4140-410.21-70 926.80
135839 4/15/2022 West coast arborists, inc 184264 Crew rental 319-8831-500.34-05 1,728.00 23,692.00 184267 Grid pruning & tree remvl 345-8831-500.34-05 6,994.00 183597 Grid pruning & tree remvl 308-8831-500.34-05 10,164.00 183886 Grid pruning 351-8831-500.34-05 4,806.00
135840 4/15/2022 Western riverside council 1125 Clean cty coalition dues 063-4150-410.30-90 6,000.00 10,561.26 1111 Solid waste cooperation 010-2500-425.30-90 4,561.26 135841 4/15/2022 Windstream (formerly paetec) 74667191 Telephone service 010-3100-431.35-16 1,263.20 1,263.20 135842 4/15/2022 Wregis WR31657 Annual fee 048-1400-414.34-05 125.00 125.00 135843 4/15/2022 Zions bank ZION041322 Water loan payment 050-8800-450.60-10 140,032.34 144,007.17 ZION041322 Water loan payment 050-8800-450.60-15 3,974.83 135844 4/22/2022 Al's kubota tractor 227328 Antifreeze 010-4150-410.33-30 34.17 34.17 135845 4/22/2022 Alliance diesel, inc. 3348 Bit report 050-9000-450.33-50 130.00 130.00 135846 4/22/2022 Allied global security services 0258 Standing guard security 199-9999-425.40-01 1,130.50 1,130.50 0258 Standing guard security 199-9999-425.40-01 -1,130.50 0258 Standing guard security 199-9999-425.40-01 1,130.50 135847 4/22/2022 Am-tec total security inc 622649 Verkada camera system 199-9999-425.40-01 9,513.97 9,513.97 622649 Verkada camera system 199-9999-425.40-01 -9,513.97 622649 Verkada camera system 199-9999-425.40-01 9,513.97 135848 4/22/2022 Appleone employment services 01-6268020 W/e 04/09/22 010-1110-411.10-04 932.48 932.48 135849 4/22/2022 Aramark uniform service 588000445672 Floor mats 010-4200-410.34-05 46.25 1,646.61 588000451498 Floor mats 010-4200-410.34-05 46.25
588000445677 Uniform service 010-4150-410.21-35 89.79
588000451491 Uniform service 010-7101-410.21-35 9.01

3.A.3.a
Packet Pg. 36
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135849 4/22/2022 Aramark uniform service 588000451491 Uniform service 010-7100-410.21-35 51.45 1,646.61 588000451515 Uniform service 010-4150-410.21-35 248.39
588000445680 Uniform service 010-4140-410.21-35 27.04
588000445680 Uniform service 055-4170-450.21-35 40.46
588000445680 Uniform service 010-4200-410.21-35 11.17
588000445680 Uniform service 050-9000-450.21-35 145.15
588000451523 Uniform service 010-4140-410.21-35 27.03
588000451523 Uniform service 055-4170-450.21-35 333.34
588000451523 Uniform service 010-4200-410.21-35 11.17
588000451523 Uniform service 050-9000-450.21-35 362.81
588000440273 Uniform service 010-4140-410.21-35 27.03
588000440273 Uniform service 055-4170-450.21-35 80.24
588000440273 Uniform service 010-4200-410.21-35 11.17
588000440273 Uniform service 050-9000-450.21-35 78.86
135850 4/22/2022 Asa hawkins & lam stotelmyre WATER041122 Refund water deposit 050-0000-229.08-70 59.34 59.34 135851 4/22/2022 B & w pipe & supply 170615 Tractor scoop 025-7100-410.34-05 57.09 154.97 170671 Concrete brick red 025-7100-410.34-05 6.79
170603 Concrete & valve box 025-7100-410.34-05 91.09
135852 4/22/2022 Bank of america business card BOA041922 Galls 024-3100-431.21-35 545.06 689.09 BOA041922 Walmart 010-3100-431.21-10 24.40
BOA041922 Amazon.com 010-3100-431.21-35 119.63
135853 4/22/2022 Bank of america business card BOA041922 Amazon.com 024-3100-431.21-35 914.44 914.44 135854 4/22/2022 Bank of america business card BOA041922 Amazon 010-4150-410.21-12 65.24 1,426.44 BOA041922 Amazon 199-9999-425.40-01 761.20
BOA041922 Amazon 199-9999-425.40-01 -761.20
BOA041922 Amazon 199-9999-425.40-01 761.20
BOA041922 Sunbelt rentals 010-7100-410.33-30 600.00
135855 4/22/2022 Bank of america business card BOA041922 Staples 010-3100-431.21-10 137.00 846.16 BOA041922 Amazon 024-3100-431.21-35 709.16

3.A.3.a
Packet Pg. 37
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135856 4/22/2022 Bank of america business card BOA041922 National fitness campaign 010-9500-950.30-90 430.25 1,818.50 BOA041922 National fitness campaign 010-0000-201.20-45 -5.68 BOA041922 National notary assoc 010-3320-431.21-10 21.96 BOA041922 National notary assoc 010-0000-201.20-45 -0.11 BOA041922 Monarch residential 010-3320-431.31-20 295.00 BOA041922 Eb code enforcement 010-3320-431.31-20 495.00 BOA041922 Icc 011-3300-431.30-16 265.00
BOA041922 Calbo 011-3300-431.30-16 295.00
BOA041922 Walmart 010-9500-950.30-90 22.08
135857 4/22/2022 Bank of america business card BOA041922 Ie-shrm 010-1210-412.31-20 20.00 498.49 BOA041922 Ie-shrm 010-1210-412.31-20 20.00
BOA041922 Amazon 010-1210-412.21-10 21.54
BOA041922 Amazon 010-1210-412.21-10 66.95
BOA041922 Ie-shrm 010-1210-412.31-20 70.00
BOA041922 Pihra 010-1210-412.31-20 300.00
135858 4/22/2022 Bank of america business card BOA041922 Amazon 050-9000-450.21-12 27.15 425.77 BOA041922 Amazon 010-7100-410.21-80 398.62
135859 4/22/2022 Bank of america business card BOA041922 Zoom 010-1200-412.30-90 54.99 3,360.17 BOA041922 Lowes 199-9999-425.40-01 1,172.90
BOA041922 Tractor supply 199-9999-425.40-01 913.46
BOA041922 Digitalbuyer.com 010-2500-425.21-10 362.60
BOA041922 Amazon 010-2500-425.21-10 24.86
BOA041922 Vista print 010-9500-950.36-10 45.65
BOA041922 American airlines 010-1200-412.31-20 30.00
BOA041922 Lyft 010-1200-412.31-20 58.66
BOA041922 American airlines 010-1200-412.31-20 30.00
BOA041922 Lyft 010-1200-412.31-20 45.75
BOA041922 Ontario airport 010-1200-412.31-20 84.00
BOA041922 Sheraton dallas 010-1200-412.31-20 537.30

3.A.3.a
Packet Pg. 38
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135860 4/22/2022 Bank of america business card BOA042022 Amazon 055-4170-450.21-35 36.96 1,424.51 BOA042022 Amazon 010-0000-201.20-45 -0.34
BOA042022 Costco 050-9000-450.21-35 97.82
BOA042022 Costco 010-0000-201.20-45 -0.90
BOA042022 Cues inc 055-4170-450.30-90 900.00
BOA042022 Amazon 050-9000-450.21-35 369.64
BOA042022 Amazon 010-0000-201.20-45 -3.44
BOA042022 Amazon 050-9000-450.21-12 25.00
BOA042022 Amazon 010-0000-201.20-45 -0.23
135861 4/22/2022 Best best & krieger, llp BBK032322 Total general fund 010-1111-411.30-90 19,421.68 27,176.26 BBK032322 Total econ dev 010-9600-960.30-90 3,642.00
BBK032322 Total agreement 011-1700-417.30-90 355.50
BBK032322 Total agreement 065-0000-211.21-31 1,104.00
BBK032322 Cdbg (non-reimburseable) 199-9999-425.40-01 1,423.44 BBK032322 Esplanade widening row 199-9999-425.40-01 385.20 BBK032322 Shaver st signal imprvmnt 199-9999-425.40-01 583.74 BBK032322 Cfd 2020-1 400-0000-229.07-00 260.70
135862 4/22/2022 Bowman signs 2205 Rmv & replace door decals 199-9999-425.40-01 135.94 2,865.57 2205 Rmv & replace door decals 199-9999-425.40-01 -135.94 2205 Rmv & replace door decals 199-9999-425.40-01 135.94 2204 Frost payment windows 199-9999-425.40-01 462.19
2204 Frost payment windows 199-9999-425.40-01 -462.19
2204 Frost payment windows 199-9999-425.40-01 462.19
2203 Decals for office doors 010-2500-425.33-10 1,305.00 2206 Window panes 199-9999-425.40-01 309.94
2206 Window panes 199-9999-425.40-01 -309.94
2206 Window panes 199-9999-425.40-01 309.94
2206 Window pane & door decal 010-2500-425.33-10 652.50 135863 4/22/2022 Cellhire usa llc 2997895 Rental of small iridium 010-3130-431.21-18 48.11 96.22

3.A.3.a
Packet Pg. 39
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135863 4/22/2022 Cellhire usa llc 2997896 Rental of small iridium 010-3130-431.21-18 48.11 96.22 135864 4/22/2022 Cr&r incorporated 290020120040122Svc period 4/1/22-6/30/22 010-6500-425.34-05 86.73 86.73 135865 4/22/2022 Cricket consulting 1082 Vfd noise in flow meter 050-9000-450.30-90 758.00 758.00 135866 4/22/2022 Crossflow distributing, inc. 7C2-B041322 Drinking water service 010-2500-425.21-10 45.00 93.00 7C2-A041322 Drinking water service 010-3100-431.21-10 48.00 135867 4/22/2022 D.m.c. tree care, inc 2056 Brush & debris clean up 322-8831-500.34-05 1,400.00 3,825.00 2055 Remove tree stumps 025-7100-410.34-05 575.00
2051 Remove tree stump 025-7100-410.34-05 1,650.00
2053 Remove broken tree limb 010-4150-410.34-05 200.00
135868 4/22/2022 Dave's hauling 4102022 Street clean up 010-3320-431.34-05 420.00 420.00 135869 4/22/2022 Dolores guzman WATER041122 Refund water deposit 050-0000-229.08-70 167.04 172.23 WATER041122 Refund credit balance 050-0000-308.09-10 5.19 135870 4/22/2022 Eastern municipal water district EMWD041922 Water utility services 010-7100-410.35-10 38.59 1,824.19 EMWD041922 Water utility services 025-7250-410.35-10 145.75 EMWD041922 Water utility services 310-8831-500.35-10 159.22 EMWD041922 Water utility services 311-8831-500.35-10 322.30 EMWD041922 Water utility services 321-8831-500.35-10 579.47 EMWD041922 Water utility services 331-8831-500.35-10 173.42 EMWD041922 Water utility services 334-8831-500.35-10 38.59 EMWD041922 Water utility services 339-8831-500.35-10 40.07 EMWD041922 Water utility services 351-8831-500.35-10 182.71 EMWD041922 Water utility services 376-8831-500.35-10 144.07 135871 4/22/2022 Espinosa, cynthia ESPINOSA041822Reimburse h/d/v expenses 010-2500-425.11-90 176.00 176.00 135872 4/22/2022 Espinoza, julia ESPINOZA041822Reimb mileage & parking 010-1110-411.31-20 81.35 81.35 135873 4/22/2022 Ewing incorporation 16294672 Green valve box 025-7100-410.34-05 117.21 117.21 135874 4/22/2022 Executive image landscape & maint668 Valve checks march 2022 025-7252-410.34-05 78.00 31,569.00 668 Valve checks march 2022 025-7252-410.34-05 30.00
668 Valve checks march 2022 025-7252-410.34-05 24.00
668 Valve checks march 2022 025-7250-410.34-05 42.00

3.A.3.a
Packet Pg. 40
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135874 4/22/2022 Executive image landscape & maint668 Valve checks march 2022 388-8831-500.34-05 6.00 31,569.00 668 Valve checks march 2022 025-7252-410.34-05 30.00
668 Valve checks march 2022 025-7252-410.34-05 42.00
668 Valve checks march 2022 025-7250-410.34-05 54.00
668 Valve checks march 2022 025-7252-410.34-05 102.00
668 Valve checks march 2022 010-7100-410.34-05 24.00
668 Valve checks march 2022 025-7252-410.34-05 162.00
668 Valve checks march 2022 025-7252-410.34-05 306.00
668 Valve checks march 2022 334-8831-500.34-05 18.00
668 Valve checks march 2022 339-8831-500.34-05 72.00
668 Valve checks march 2022 320-8831-500.34-05 198.00
668 Valve checks march 2022 025-7251-410.34-05 126.00
668 Valve checks march 2022 316-8831-500.34-05 12.00
668 Valve checks march 2022 025-7250-410.34-05 12.00
668 Valve checks march 2022 319-8831-500.34-05 18.00
668 Valve checks march 2022 025-7250-410.34-05 72.00
659 Valve checks march 2022 302-8831-500.34-05 24.00
659 Valve checks march 2022 310-8831-500.34-05 48.00
659 Valve checks march 2022 331-8831-500.34-05 72.00
659 Valve checks march 2022 317-8831-500.34-05 6.00
659 Valve checks march 2022 010-7100-410.34-05 66.00
659 Valve checks march 2022 025-7100-410.34-05 24.00
659 Valve checks march 2022 025-7250-410.34-05 18.00
659 Valve checks march 2022 025-7250-410.34-05 48.00
659 Valve checks march 2022 025-7100-410.34-05 54.00
659 Valve checks march 2022 339-8831-500.34-05 72.00
659 Valve checks march 2022 367-8831-500.34-05 102.00
659 Valve checks march 2022 025-7252-410.34-05 42.00
659 Valve checks march 2022 025-7252-410.34-05 24.00

3.A.3.a
Packet Pg. 41
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135874 4/22/2022 Executive image landscape & maint659 Valve checks march 2022 025-7252-410.34-05 18.00 31,569.00 659 Valve checks march 2022 322-8831-500.34-05 240.00
659 Valve checks march 2022 309-8831-500.34-05 72.00
659 Valve checks march 2022 025-7252-410.34-05 36.00
659 Valve checks march 2022 025-7100-410.34-05 36.00
659 Valve checks march 2022 025-7250-410.34-05 48.00
659 Valve checks march 2022 025-7250-410.34-05 18.00
659 Valve checks march 2022 025-7250-410.34-05 6.00
659 Valve checks march 2022 025-7250-410.34-05 30.00
659 Valve checks march 2022 025-7100-410.34-05 120.00
659 Valve checks march 2022 010-7100-410.34-05 96.00
659 Valve checks march 2022 304-8831-500.34-05 60.00
659 Valve checks march 2022 368-8831-500.34-05 12.00
677 Maintenance march 2022 025-7250-410.34-05 84.00
677 Maintenance march 2022 010-7100-410.34-05 306.00
677 Maintenance march 2022 025-7250-410.34-05 66.00
677 Maintenance march 2022 025-7250-410.34-05 66.00
677 Maintenance march 2022 010-7100-410.34-05 66.00
677 Maintenance march 2022 025-7250-410.34-05 66.00
677 Maintenance march 2022 025-7100-410.34-05 528.00
677 Maintenance march 2022 025-7250-410.34-05 72.00
677 Maintenance march 2022 025-7250-410.34-05 300.00
677 Maintenance march 2022 025-7100-410.34-05 360.00
677 Maintenance march 2022 025-7250-410.34-05 360.00
677 Maintenance march 2022 025-7100-410.34-05 540.00
677 Maintenance march 2022 025-7250-410.34-05 210.00
677 Maintenance march 2022 025-7250-410.34-05 48.00
677 Maintenance march 2022 025-7250-410.34-05 60.00
677 Maintenance march 2022 025-7100-410.34-05 540.00

3.A.3.a
Packet Pg. 42
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135874 4/22/2022 Executive image landscape & maint677 Maintenance march 2022 025-7250-410.34-05 780.00 31,569.00 677 Maintenance march 2022 025-7250-410.34-05 600.00
677 Maintenance march 2022 010-7100-410.34-05 420.00
677 Maintenance march 2022 025-7252-410.34-05 720.00
677 Maintenance march 2022 025-7252-410.34-05 9,120.00
677 Maintenance march 2022 025-7100-410.34-05 780.00
677 Maintenance march 2022 025-7251-410.34-05 1,020.00
677 Maintenance march 2022 025-7250-410.34-05 240.00
677 Maintenance march 2022 010-7100-410.34-05 300.00
677 Maintenance march 2022 302-8831-500.34-05 216.00
677 Maintenance march 2022 309-8831-500.34-05 1,488.00
677 Maintenance march 2022 310-8831-500.34-05 216.00
677 Maintenance march 2022 316-8831-500.34-05 48.00
677 Maintenance march 2022 317-8831-500.34-05 60.00
677 Maintenance march 2022 319-8831-500.34-05 180.00
677 Maintenance march 2022 320-8831-500.34-05 1,506.00
677 Maintenance march 2022 322-8831-500.34-05 1,363.20
677 Maintenance march 2022 331-8831-500.34-05 390.00
677 Maintenance march 2022 334-8831-500.34-05 480.00
677 Maintenance march 2022 339-8831-500.34-05 144.00
677 Maintenance march 2022 367-8831-500.34-05 360.00
677 Maintenance march 2022 368-8831-500.34-05 46.80
677 Maintenance march 2022 388-8831-500.34-05 120.00
677 Maintenance march 2022 025-7250-410.34-05 480.00
677 Maintenance march 2022 050-9000-450.34-05 210.00
676 Irrigation repairs 309-8831-500.34-05 28.00
675 Irrigation repairs 320-8831-500.34-05 85.00
671 Irrigation repairs 316-8831-500.34-05 600.00
669 Irrigation repairs 025-7100-410.34-05 330.00

3.A.3.a
Packet Pg. 43
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135874 4/22/2022 Executive image landscape & maint673 Irrigation repairs 025-7252-410.34-05 40.00 31,569.00 672 Irrigation repairs 025-7100-410.34-05 80.00
674 Irrigation repairs 025-7252-410.34-05 20.00
667 Installation 025-7100-410.34-05 2,606.00
135875 4/22/2022 Fedex corporation 7-718-01039 Freight 065-0000-211.21-02 45.49 84.40 7-709-87724 Freight 065-0000-211.21-02 38.91
135876 4/22/2022 Figueroa, david FIGUEROA041822Reimburse h/d/v expenses 010-2500-425.11-90 110.00 110.00 135877 4/22/2022 Fm lock and safe,inc. 98523 Duplicate keys 025-7100-410.34-05 8.70 8.70 135878 4/22/2022 Frontier communications FRONTIER041822Telephone services 010-6100-425.35-16 52.84 137.48 FRONTIER041822Telephone services 050-9000-450.35-16 84.64 135879 4/22/2022 Gha technologies,inc. 101208247 Adobe acrobat pro dc 017-2290-418.34-05 73.40 73.40 135880 4/22/2022 Harbor freight tools 979842 Nitrile gloves 055-4170-450.21-12 239.00 239.00 135881 4/22/2022 Hasa inc 807054 Multi-chlor 050-9000-450.21-12 452.10 1,038.15 807052 Multi-chlor 050-9000-450.21-12 318.14
807050 Multi-chlor 050-9000-450.21-12 267.91
135882 4/22/2022 Hernandez, yaneli HERNANDEZ041822 Reimburse h/d/v expenses 010-2500-425.11-90 575.41 575.41 135883 4/22/2022 Hinderliter, de llamas & assoc SIN016060 March 2022 services 065-0000-211.21-02 2,500.00 2,500.00 135884 4/22/2022 Hitchcock, kimberly HITCHCOCK041422 Reimb lunch meeting 010-1210-412.30-90 135.00 135.00 135885 4/22/2022 Home depot credit services 9125238 Maxblue shock 010-7101-410.21-12 39.13 942.12 9010067 Concrete blocks 010-4150-410.21-12 294.21
8512163 Parts & supplies 050-9000-450.21-12 158.24
5010313 Supplies 010-4150-410.21-12 450.54
135886 4/22/2022 Huster, david HUSTER041922Reimburse work boots 011-3300-431.21-35 259.43 259.43 135887 4/22/2022 Inland empire landscape, inc. 38382 Irrigation repairs 025-7100-410.34-05 225.00 5,553.00 38382 Irrigation repairs 321-8831-500.34-05 185.00
38382 Irrigation repairs 346-8831-500.34-05 30.00
38382 Irrigation repairs 329-8831-500.34-05 460.00
38382 Irrigation repairs 301-8831-500.34-05 28.00
38382 Irrigation repairs 025-7250-410.34-05 7.00

3.A.3.a
Packet Pg. 44
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135887 4/22/2022 Inland empire landscape, inc. 38382 Irrigation repairs 025-7250-410.34-05 102.00 5,553.00 38382 Irrigation repairs 359-8831-500.34-05 288.00
38382 Irrigation repairs 345-8831-500.34-05 280.00
38382 Irrigation repairs 307-8831-500.34-05 140.00
38382 Irrigation repairs 326-8831-500.34-05 347.00
38382 Irrigation repairs 349-8831-500.34-05 28.00
38382 Irrigation repairs 323-8831-500.34-05 240.00
38382 Irrigation repairs 308-8831-500.34-05 470.00
38382 Irrigation repairs 313-8831-500.34-05 205.00
38382 Irrigation repairs 376-8831-500.34-05 460.00
38382 Irrigation repairs 355-8831-500.34-05 306.00
38382 Irrigation repairs 305-8831-500.34-05 87.00
38382 Irrigation repairs 306-8831-500.34-05 35.00
38382 Irrigation repairs 327-8831-500.34-05 104.00
38382 Irrigation repairs 362-8831-500.34-05 79.00
38382 Irrigation repairs 351-8831-500.34-05 240.00
38382 Irrigation repairs 303-8831-500.34-05 62.00
38382 Irrigation repairs 386-8831-500.34-05 90.00
38382 Irrigation repairs 330-8831-500.34-05 66.00
38382 Irrigation repairs 325-8831-500.34-05 30.00
38382 Irrigation repairs 353-8831-500.34-05 90.00
38382 Irrigation repairs 343-8831-500.34-05 737.00
38382 Irrigation repairs 311-8831-500.34-05 65.00
38382 Irrigation repairs 341-8831-500.34-05 67.00
135888 4/22/2022 Innovative growth lanscape 009 Woodchip installation 341-8831-500.34-05 4,650.00 9,550.00 008 Woodchip installation 338-8831-500.34-05 4,900.00
135889 4/22/2022 Lift energy construction inc 041922REFUNDRefnd permit #22-00301 011-0000-303.02-21 173.56 190.82 041922REFUNDRefnd permit #22-00301 011-0000-308.06-01 2.23 041922REFUNDRefnd permit #22-00301 011-0000-308.06-30 15.03

3.A.3.a
Packet Pg. 45
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135890 4/22/2022 Luwanna warren WATER041122 Refund water deposit 050-0000-229.08-70 70.79 70.79 135891 4/22/2022 Marquez, ernest MARQUEZ041422Reimb class b lic renewal 055-4170-450.31-20 50.00 50.00 135892 4/22/2022 Martinez, ramon MARTINEZ041822Reimburse h/d/v expenses 010-2500-425.11-90 10.80 10.80 135893 4/22/2022 Maupin, marcee MAUPIN041822 Reimburse h/d/v expenses 010-2500-425.11-90 495.25 495.25 135894 4/22/2022 Mfi recovery center WATER041122 Refund water deposit 050-0000-229.08-70 124.19 124.19 135895 4/22/2022 Minuteman press, inc. 59597 141 weekly notices 048-1400-414.36-10 136.37 136.37 135896 4/22/2022 Miracle recreation equipment co inc840414 Park slide 025-7100-410.34-05 7,651.31 35,260.35 840413 Park play structure 338-8831-500.34-05 27,609.04 135897 4/22/2022 Multi w systems, inc. 32230431 Thompson trailer pump 010-4140-410.40-45 25,178.22 85,178.22 32230431 Thompson trailer pump 199-9999-425.40-01 60,000.00 135898 4/22/2022 Nearmap us, inc INV00535494 Annual subscriptions 017-2290-418.34-05 8,000.00 8,000.00 135899 4/22/2022 Neogov INV-23715 License renewals 017-2290-418.34-05 8,057.45 8,057.45 135900 4/22/2022 O'reilly auto parts,inc. 5531-200599 Bluedef 055-4170-450.33-50 32.60 32.60 135901 4/22/2022 Ortco, inc 22-086 Recreation equip install 338-8831-500.34-05 11,550.00 11,550.00 135902 4/22/2022 Osborn, mathew OSBORN041822Reimburse mileage 011-1700-417.31-20 393.71 393.71 135903 4/22/2022 Overnight industrial supply,inc. 22715 Cleaning supplies 025-7100-410.34-05 125.20 375.62 22715 Cleaning supplies 025-7252-410.34-05 125.20
22715 Cleaning supplies 376-8831-500.34-05 125.22
135904 4/22/2022 Padilla, miguel PADILLA041922Reimb cwea exam & mmbrshp055-4170-450.31-20 180.00 285.00 PADILLA041822Reimburse h/d/v expenses 010-2500-425.11-90 105.00 135905 4/22/2022 Plumbers depot, inc. PD-50730 Debris grabber 055-4170-450.21-12 202.96 4,838.43 PD-50793 Nozzles 055-4170-450.33-30 4,635.47
135906 4/22/2022 Press enterprise 0000539350 Legal advertising 065-0000-211.21-02 389.60 5,674.30 0000539350 Legal advertising 065-0000-211.21-02 575.50
0000539350 Legal advertising 033-0000-229.07-00 781.20
0000539350 Legal advertising 400-0000-229.07-00 2,823.00 0000539350 Legal advertising 048-2290-418.30-90 581.00
0000539350 Legal advertising 048-2290-418.30-90 524.00

3.A.3.a
Packet Pg. 46
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135907 4/22/2022 Ramona humane society, inc. COSJ33122 March 2022 services 010-3320-431.34-05 21,587.44 21,587.44 135908 4/22/2022 Rightway site services, inc. 299956 Rent & labor 3/29-4/25/22 010-4200-410.34-05 401.25 401.25 135909 4/22/2022 Riverside county assessor-clerk- CLERK033122 March 2022 recordation 065-0000-211.21-02 50.00 100.00 CLERK033122 March 2022 recordation 065-0000-211.21-02 50.00 135910 4/22/2022 Riverside county fire department 041922CITYPROJPlan check fee 199-9999-425.40-01 696.00 696.00 135911 4/22/2022 Rogers,anderson,malody & scott, llp70164 Fy 20/21 audit 010-1400-414.30-90 7,850.00 7,850.00 135912 4/22/2022 Romeril plumbing & hardware 17674 Supplies 050-9000-450.21-12 65.28 274.66 17709 Supplies 010-4140-410.21-12 79.62
17684 Supplies 010-4140-410.21-12 129.76
135913 4/22/2022 Row traffic safety inc 17430 Street signs 010-4150-410.34-05 389.33 415.06 17426 Fitness court sign 010-4150-410.34-05 25.73
135914 4/22/2022 Sherry ramos WATER041122 Refund water deposit 050-0000-229.08-70 114.02 114.02 135915 4/22/2022 Southern california edison SCE041822 Electricity services 010-2500-425.35-14 2,144.71 3,505.33 SCE041822 Electricity services 025-7100-410.35-14 -41.74 SCE041822 Electricity services 025-7260-410.35-14 190.68 SCE041822 Electricity services 307-8831-500.35-14 126.11 SCE041822 Electricity services 308-8831-500.35-14 -21.90 SCE041822 Electricity services 320-8831-500.35-14 -78.62 SCE041822 Electricity services 326-8831-500.35-14 -191.74 SCE041822 Electricity services 329-8831-500.35-14 -39.29 SCE041822 Electricity services 365-8831-500.35-14 -36.17 SCE041822 Electricity services 376-8831-500.35-14 163.14 SCE041822 Electricity services 346-8831-500.35-14 202.26 SCE041822 Electricity services 010-4150-410.35-14 798.72 SCE041822 Electricity services 010-4150-410.35-14 22.09 SCE041822 Electricity services 301-8831-500.35-14 17.49 SCE041822 Electricity services 308-8831-500.35-14 4.47
SCE041822 Electricity services 319-8832-500.35-14 5.33
SCE041822 Electricity services 327-8831-500.35-14 5.98

3.A.3.a
Packet Pg. 47
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135915 4/22/2022 Southern california edison SCE041822 Electricity services 330-8831-500.35-14 4.86 3,505.33 SCE041822 Electricity services 334-8831-500.35-14 1.06
SCE041822 Electricity services 335-8831-500.35-14 1.21
SCE041822 Electricity services 336-8831-500.35-14 1.39
SCE041822 Electricity services 337-8831-500.35-14 0.78
SCE041822 Electricity services 339-8831-500.35-14 1.52
SCE041822 Electricity services 340-8831-500.35-14 4.47
SCE041822 Electricity services 342-8831-500.35-14 0.60
SCE041822 Electricity services 346-8831-500.35-14 4.47
SCE041822 Electricity services 347-8831-500.35-14 2.76
SCE041822 Electricity services 349-8831-500.35-14 2.76
SCE041822 Electricity services 350-8831-500.35-14 5.98
SCE041822 Electricity services 351-8831-500.35-14 19.56 SCE041822 Electricity services 357-8831-500.35-14 4.47
SCE041822 Electricity services 359-8831-500.35-14 17.49 SCE041822 Electricity services 366-8831-500.35-14 4.86
SCE041822 Electricity services 374-8831-500.35-14 4.86
SCE041822 Electricity services 376-8831-500.35-14 5.98
SCE041822 Electricity services 308-8831-500.35-14 7.17
SCE041822 Electricity services 319-8832-500.35-14 11.22 SCE041822 Electricity services 327-8831-500.35-14 9.42
SCE041822 Electricity services 330-8831-500.35-14 12.22 SCE041822 Electricity services 340-8831-500.35-14 7.17
SCE041822 Electricity services 346-8831-500.35-14 7.17
SCE041822 Electricity services 350-8831-500.35-14 9.42
SCE041822 Electricity services 351-8831-500.35-14 39.91 SCE041822 Electricity services 357-8831-500.35-14 7.17
SCE041822 Electricity services 366-8831-500.35-14 12.22 SCE041822 Electricity services 374-8831-500.35-14 12.22

3.A.3.a
Packet Pg. 48
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135915 4/22/2022 Southern california edison SCE041822 Electricity services 376-8831-500.35-14 9.42 3,505.33 135916 4/22/2022 Ssd alarm R-00364538 May 2022 alarm service 010-6500-425.34-05 38.00 648.50 R-00364538 May 2022 alarm service 010-2500-425.34-05 124.00 R-00364538 May 2022 alarm service 050-9000-450.34-05 191.50 R-00364538 May 2022 alarm service 010-4200-410.34-05 217.50 R-00364538 May 2022 alarm service 010-3100-431.34-05 77.50 135917 4/22/2022 Studio onextreme 1823 Large scale mural 131-2510-425.40-22 8,000.00 8,000.00 135918 4/22/2022 Sullens, preston SULLENS041822Reimburse h/d/v expenses 010-2500-425.11-90 111.39 111.39 135919 4/22/2022 Superior ready mix concrete, l.p. 271950 Fill sand 050-9000-450.21-12 377.47 2,218.15 271949 Fill sand 050-9000-450.21-12 356.13
272761 Pump& mixer 010-4150-410.34-05 1,484.55
135920 4/22/2022 The altum group 7536 Proj mgmt dev review 011-1700-417.30-90 1,971.50 2,084.00 7535 Proj mgmt dev review 011-1700-417.30-90 112.50
135921 4/22/2022 Time warner cable 0543731041022 Internet service 017-2290-418.34-20 36.52 36.52 135922 4/22/2022 Tony's tires TONYSTIRE041322 Tire patch and mounting 050-9000-450.33-50 45.00 45.00 135923 4/22/2022 Totalplan business interiors, inc. 083149 Fire proof lateral file 010-1210-412.40-45 4,252.13 4,252.13 135924 4/22/2022 Tri lake consultants, inc. 76948 General engineering svcs 010-4100-410.30-90 9,830.69 44,624.24 76949 Esplanade widening 199-9999-425.40-01 150.00
76950 State st line e-2 199-9999-425.40-01 4,933.75
76951 Emwd misc encroachments 011-4100-410.30-90 424.31 76952 Tr 30035 precise grading 065-0000-211.21-21 220.00 76953 San jac @ shaver tfc sgnl 199-9999-425.40-01 825.00 76954 Citywide slurry seal 199-9999-425.40-01 16,766.90 76955 Mountain ave rehab 199-9999-425.40-01 4,435.00
76956 San jac st pave/sw improv 199-9999-425.40-01 4,390.00 76957 Emwd ep 210216-1 065-0000-211.21-21 1,155.16
76958 Pm #33137 vacation of row 065-0000-211.21-02 240.00 76959 Fitness court 199-9999-425.40-01 1,253.43
76959 Fitness court 199-9999-425.40-01 -1,253.43

3.A.3.a
Packet Pg. 49
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135924 4/22/2022 Tri lake consultants, inc. 76959 Fitness court 199-9999-425.40-01 1,253.43 44,624.24 135925 4/22/2022 Tri-state materials, inc 100756 Cali gld dg blend granite 199-9999-425.40-01 2,839.60 8,513.36 100756 Cali gld dg blend granite 199-9999-425.40-01 -2,839.60 100756 Cali gld dg blend granite 199-9999-425.40-01 2,839.60 100671 Cali gld dg blend granite 199-9999-425.40-01 5,673.76 100671 Cali gld dg blend granite 199-9999-425.40-01 -5,673.76 100671 Cali gld dg blend granite 199-9999-425.40-01 5,673.76 135926 4/22/2022 Tyler technologies, inc 025-375406 Implementation cnslt svc 011-1700-417.30-90 24,660.00 24,660.00 135927 4/22/2022 Usa blue book 941156 Meter adapters 050-9000-450.33-30 12,150.75 12,464.72 942692 Meter gasket rubber 050-9000-450.21-12 313.97
135928 4/22/2022 Willette, mitchell WILLETTE041822Reimburse h/d/v expenses 010-2500-425.11-90 594.18 594.18 135929 4/29/2022 American forensic nurses, inc. 75944 4 blood draws 010-3100-431.34-05 244.88 244.88 135930 4/29/2022 Anady's trophies, inc. 116932 Diamond award 010-3100-431.21-10 92.44 187.60 116664 Picture plates 010-2500-425.21-10 95.16
135931 4/29/2022 Andy gump, inc. INV915262 Fence rent 4/20-5/17/22 010-9600-960.34-05 92.92 92.92 135932 4/29/2022 Aramark uniform service 588000456668 Floor mats 010-4200-410.34-05 46.25 585.28 588000445670 Uniform service 010-7101-410.21-35 9.01
588000445670 Uniform service 010-7100-410.21-35 47.84
588000456692 Uniform service 010-4140-410.21-35 27.04
588000456692 Uniform service 055-4170-450.21-35 287.74
588000456692 Uniform service 010-4200-410.21-35 11.17
588000456692 Uniform service 050-9000-450.21-35 65.49
588000456683 Uniform service 010-4150-410.21-35 36.05
588000456666 Uniform service 010-7101-410.21-35 9.01
588000456666 Uniform service 010-7100-410.21-35 45.68
135933 4/29/2022 B & w pipe & supply 170820 Straw hats 050-9000-450.21-12 30.00 273.66 170820 Straw hats 050-9000-450.21-35 55.48
170746 Compost tractor scoop 025-7100-410.34-05 28.55
170778 Flags & pipe cutter 010-7100-410.21-12 159.63

3.A.3.a
Packet Pg. 50
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135934 4/29/2022 Babcock laboratories, inc. CD21347-0278 Iron & manganese 050-9000-450.30-90 134.40 302.40 CD21491-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00 CD21142-0278 Coliforms by mmo/mug&hpc 050-9000-450.30-90 84.00 135935 4/29/2022 Bank of america business card BOA042522 Amazon 017-2290-418.21-10 27.26 5,515.45 BOA042522 Amazon 017-2290-418.21-80 873.15
BOA042522 Tyler connect 017-2290-418.31-20 1,349.00
BOA042522 Amazon 017-2290-418.40-45 681.87
BOA042522 American airlines 017-2290-418.31-20 818.40
BOA042522 American airlines 011-3300-431.31-20 818.40
BOA042522 American airlines 011-1700-417.31-20 818.40
BOA042522 Network solutions 017-2290-418.34-05 128.97
135936 4/29/2022 Bank of america business card BOA042522 Lowes 010-2500-425.33-10 1,906.38 5,931.40 BOA042522 Fixture displays 010-2500-425.33-10 427.65
BOA042522 Fixture displays 010-0000-201.20-45 -32.62
BOA042522 Walmart 010-2500-425.33-10 154.75
BOA042522 Top grill 011-3300-431.31-20 60.12
BOA042522 Displays 260 010-2500-425.33-10 97.67
BOA042522 Uline 011-3300-431.21-10 208.24
BOA042522 Amazon 010-2500-425.33-10 8.69
BOA042522 Tyler 011-3300-431.31-20 1,099.00
BOA042522 Tyler 011-1700-417.31-20 1,099.00
BOA042522 San francisco airport 011-1700-417.31-20 902.52 135937 4/29/2022 Bank of america business card BOA042522 Constant contact 010-1200-412.30-90 135.00 1,724.99 BOA042522 Zoom 010-1200-412.31-20 14.99
BOA042522 Eb 2022 cphcc conference 010-1200-412.31-20 575.00 BOA042522 California cities assoc 010-1200-412.31-20 1,000.00 135938 4/29/2022 Bank of america business card BOA042522 Usps 010-1110-411.21-65 107.70 280.95 BOA042522 Usps 010-1110-411.21-65 209.15
BOA042522 Usps 010-1110-411.21-65 -26.95

3.A.3.a
Packet Pg. 51
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135938 4/29/2022 Bank of america business card BOA042522 Usps 010-1110-411.21-65 -8.95 280.95 135939 4/29/2022 Bank of america business card BOA042522 Canva 010-9600-960.30-90 74.91 2,083.67 BOA042522 Canva 010-9500-950.30-90 74.91
BOA042522 Canva 011-3300-431.30-90 74.91
BOA042522 Canva 011-1700-417.30-90 74.90
BOA042522 Ontario airport 010-9600-960.31-20 84.00
BOA042522 Friends of valley-wide 010-2510-425.40-13 600.00 BOA042522 Ontario airport 010-9600-960.31-20 84.00
BOA042522 American airlines 010-9600-960.31-20 60.00
BOA042522 American airlines 010-9600-960.31-20 60.00
BOA042522 Portola hotel & spa 010-9600-960.31-20 896.04 135940 4/29/2022 Berlitz languages, inc 0012742201141 Spanish proficiency test 010-1210-412.30-90 275.00 275.00 135941 4/29/2022 Bmw motorcycles of escondido,inc.43512 Headlight repairs 024-3100-431.33-50 213.49 213.49 135942 4/29/2022 Brady, robert (bob) BRADY042622 Reimb stblztion pln fees 199-9999-425.40-01 43.07 43.07 135943 4/29/2022 Calpers supplemental income plansCALPERS042522Sip #452544 085-0000-202.21-29 5,959.21 5,959.21 135944 4/29/2022 Central county united way UNITEDWAY042522 April 2022 contributions 085-0000-202.21-80 14.00 14.00 135945 4/29/2022 Chambers group 35680 Temp planning assistant 011-1700-417.30-90 18,677.76 18,677.76 135946 4/29/2022 Dave's hauling 4232022 Channel clean up 010-4140-410.34-05 1,080.00 1,080.00 135947 4/29/2022 Empower retirement, llc EMPOWER042522Group #109947 085-0000-202.21-29 950.00 950.00 135948 4/29/2022 Engie services (formerly opterra) 90041119 March 2022 om fees 050-9000-450.34-05 1,995.25 2,699.26 90041118 March 2022 mv fees 050-9000-450.34-05 704.01
135949 4/29/2022 Ewing incorporation 16294673 Roundup 010-4150-410.21-14 6,174.28 6,327.58 16515379 Drip emitter 025-7100-410.34-05 58.47
16515399 Normal closed valve 308-8831-500.34-05 94.83
135950 4/29/2022 Fedex corporation 7-724-83309 Freight 010-1200-412.21-65 51.89 51.89 135951 4/29/2022 Fm lock and safe,inc. 98527 Duplicate keys 010-4140-410.21-12 13.05 180.34 98488 Duplicate keys 010-4140-410.21-12 6.53
99413 Duplicate keys 010-7100-410.21-12 160.76

3.A.3.a
Packet Pg. 52
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135952 4/29/2022 Frontier communications FRONTIER042522Telephone services 010-2500-425.35-16 115.48 231.80 FRONTIER042522Telephone services 050-9000-450.35-16 116.32 135953 4/29/2022 Hasa inc 809742 Hasachlor 050-9000-450.21-12 368.38 1,222.35 809743 Hasachlor 050-9000-450.21-12 401.87
809744 Hasachlor 050-9000-450.21-12 452.10
135954 4/29/2022 Hdl coren & cone, inc SIN016530 Prop tax svcs 010-2500-425.30-90 3,722.20 3,722.20 135955 4/29/2022 Hi-way safety, inc. 128455 Aluminum proj signs 199-9999-425.40-01 1,258.37 1,258.37 135956 4/29/2022 Hirsch pipe & supply co., inc. 8210796 Parts 050-9000-450.21-12 186.83 214.22 8211748 Parts 050-9000-450.21-12 27.39
135957 4/29/2022 Home depot credit services 6521613 Supplies 010-4140-410.21-12 725.99 2,373.51 7275049 Supplies 050-9000-450.21-12 30.67
6022650 Supplies 010-4150-410.21-12 400.22
54672 Supplies 034-3200-431.33-10 1,216.63
135958 4/29/2022 Icma retirement trust ICMA042522 Group #300434 085-0000-202.21-29 3,038.56 3,188.18 ICMA042522 Group #300434 085-0000-202.21-28 149.62
135959 4/29/2022 Inland water works supply co. S1055148.001 Clfc clamp 050-9000-450.21-12 685.13 685.13 135960 4/29/2022 Innovative growth lanscape 011 Install woodchips 359-8831-500.34-05 3,375.00 5,155.00 010 Install calsense sensor 308-8831-500.34-05 1,780.00 135961 4/29/2022 Interpreters unlimited, inc 306528 Interpreting services 010-3100-431.34-05 24.75 24.75 135962 4/29/2022 Jav electric 6162 Replc light & instll cage 199-9999-425.40-01 1,491.00 2,856.35 6162 Replc light & instll cage 199-9999-425.40-01 -1,491.00 6162 Replc light & instll cage 199-9999-425.40-01 1,491.00 6163 Repairs 010-7400-425.33-10 1,365.35
135963 4/29/2022 Jim's backflow service JIMS042522 Install backflow device 025-7100-410.34-05 1,353.41 1,869.51 JIMS041022A Backflow test & repairs 355-8831-500.34-05 166.10 JIMS041022B Backflow test 025-7250-410.34-05 50.00
JIMS041022C Backflow test 305-8831-500.34-05 50.00
JIMS041022D Backflow test 332-8831-500.34-05 50.00
JIMS041022E Backflow test 025-7250-410.34-05 50.00

3.A.3.a
Packet Pg. 53
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135963 4/29/2022 Jim's backflow service JIMS041022F Backflow test 025-7250-410.34-05 50.00 1,869.51 JIMS041022G Backflow test 332-8831-500.34-05 50.00
JIMS041022H Backflow test 321-8831-500.34-05 50.00
135964 4/29/2022 Magner, tara MAGNER042022Meal per diem 010-9600-960.31-20 70.00 70.00 135965 4/29/2022 Marne diaz WATER042122 Refund water deposit 050-0000-229.08-70 52.13 78.28 WATER042122 Refund credit balance 050-0000-308.09-10 26.15 135966 4/29/2022 Matley, lori MATLEY042522Reimb mileage & parking 011-1700-417.31-20 159.52 159.52 135967 4/29/2022 Murray reynolds WATER042122 Refund water deposit 050-0000-229.08-70 130.63 130.63 135968 4/29/2022 Nutrien ag solutions,inc(crop prod) 47886748 Ranger pro 010-4140-410.21-14 1,271.16 1,862.91 47831704 Turf trax & activator 010-4140-410.21-14 439.28 47746025 Turf trax 010-4140-410.21-14 152.47
135969 4/29/2022 O'reilly auto parts,inc. 5531-204034 Wiper blades 055-4170-450.33-50 67.38 74.44 5531-204037 Funnel 055-4170-450.33-50 7.06
135970 4/29/2022 Pirot's towing inc. 10959 Evidence tow 010-3100-431.30-90 250.00 500.00 10991 Evidence tow 010-3100-431.30-90 250.00
135971 4/29/2022 Riverside county sheriff departmentSH0000040823 Contract law bp #9 010-3100-431.34-04 898,962.26 1,008,917.09 SH0000040823 Contract law bp #9 010-3100-431.34-06 23,935.68 SH0000040823 Contract law bp #9 034-3100-431.34-04 86,019.15 135972 4/29/2022 San jacinto petty cash, city of CASH042522 Replenish petty cash 010-2500-425.21-10 246.04 246.04 135973 4/29/2022 Seiu local 721 SEIU042522 April 2022 dues 085-0000-202.21-43 2,148.26 2,148.26 135974 4/29/2022 Socal gas SOCALGAS042522 Utility gas services 010-2500-425.35-12 50.86 243.02 SOCALGAS042522 Utility gas services 010-3100-431.35-12 73.08 SOCALGAS042522 Utility gas services 010-4200-410.35-12 34.83 SOCALGAS042522 Utility gas services 034-3200-431.35-12 84.25 135975 4/29/2022 Southern california edison SCE042522 Electricity services 010-4150-410.35-14 379.72 666.06 SCE042522 Electricity services 010-4150-410.35-14 244.50 SCE042522 Electricity services 010-4150-410.35-14 -0.01 SCE042522 Electricity services 347-8831-500.35-14 4.64
SCE042522 Electricity services 360-8831-500.35-14 10.60

3.A.3.a
Packet Pg. 54
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135975 4/29/2022 Southern california edison SCE042522 Electricity services 347-8831-500.35-14 10.80 666.06 SCE042522 Electricity services 360-8831-500.35-14 15.81 135976 4/29/2022 Staples credit plan - ch 9980302865 Supplies 010-2500-425.21-10 287.04 421.87 9980302865 Supplies 011-1700-417.21-10 134.83
135977 4/29/2022 Statewide emergency services 2759 Hazardous waste clean up 010-4150-410.34-05 13,309.35 13,309.35 135978 4/29/2022 Studio onextreme 1823 Large scale mural 131-2510-425.40-22 20,500.00 20,500.00 135979 4/29/2022 Sunrise at parkhill Z22-042522 Reimburse 50% sce 322-8831-500.35-14 162.68 432.17 Z22-042522 Reimburse 50% lhmwd 322-8831-500.35-10 269.49 135980 4/29/2022 Sunrun installation services inc 042022REFUNDRefund permit 22-01420 011-0000-303.02-21 229.56 255.91 042022REFUNDRefund permit 22-01420 011-0000-308.06-01 2.92 042022REFUNDRefund permit 22-01420 011-0000-308.06-30 23.43 135981 4/29/2022 Superion, llc (formerly sungard) 346061 March 2022 maint fee 010-1400-414.34-05 5,072.38 5,072.38 135982 4/29/2022 Time warner cable 0604517041122 Internet service 017-2290-418.34-20 739.79 1,097.23 0055371041022 Internet service 010-3100-431.34-05 357.44 135983 4/29/2022 Verizon wireless 9904233133 Phone services 010-1100-411.35-17 237.97 2,820.12 9904233133 Phone services 010-1200-412.35-17 99.41
9904233133 Phone services 011-1700-417.35-17 76.51
9904233133 Phone services 010-3100-431.35-17 247.64
9904233133 Phone services 011-3300-431.35-17 55.13
9904233133 Phone services 010-3320-431.35-17 318.02
9904233133 Phone services 010-4140-410.35-17 118.57
9904233133 Phone services 010-4150-410.35-17 81.66
9904233133 Equipment charges 010-4150-410.21-80 803.32
9904233133 Phone services 010-4200-410.35-17 63.37
9904233133 Phone services 010-7100-410.35-17 130.04
9904233133 Phone services 010-7101-410.35-17 23.36
9904233133 Phone services 017-2290-418.35-17 169.91
9904233133 Phone services 050-9000-450.35-17 254.75
9904233133 Phone services 055-4170-450.35-17 88.85

3.A.3.a
Packet Pg. 55
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) Warrant Register
City of San Jacinto 04/30/2022

Check
Number
Check Date Vendor Name Invoice Number Description Account Number
Transaction
Amount
Check
Total
135983 4/29/2022 Verizon wireless 9904233133 Phone services 010-2500-425.35-17 51.61 2,820.12 135984 4/29/2022 West coast arborists, inc 184696 Crew rental 322-8831-500.34-05 5,759.36 13,529.36 184805 Grid pruning 349-8831-500.34-05 2,754.00
184734 Crew rental 359-8831-500.34-05 4,800.00
184801 Grid pruning 316-8831-500.34-05 216.00
135985 4/29/2022 Yarnall, rene YARNALL042022Meal per diem 010-9600-960.31-20 70.00 70.00 Total Checks 4,674,013.34

3.A.3.a
Packet Pg. 56
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)

CITY OF SAN JACINTO

ELECTRONIC FUNDS TRANSFER REPORT
April 1 - 30, 2022

DATE PAYEE AMOUNT REASON
04/05/2022 CalPers 34,863.86 Retirement
04/05/2022 CalPers 409.40 Health Premium
04/05/2022 CalPers 180.17 Retirement
04/07/2022 CalPers 25.66 Retirement
04/18/2022 Paymentus 5,501.75 Payment Process Transaction Fees 04/20/2022 CDTFA 10,362.00 SJP Q1 EES Return
04/20/2022 Enterprise FM 18,189.52 Monthly Vehicle Lease & Maintenance 04/25/2022 CalPers 34,794.12 Retirement
04/25/2022 CalPers 3,137.76 Replacement Benefit
04/25/2022 Direct Energy Business Marketing 389,797.54 SJ Power - Energy Purchase 04/25/2022 Exelon Generation Company, LLC/ Constellation Energy Generation 177,228.20 SJ Power - Energy Purchase 04/25/2022 Duran Messa, LLC 6,695.00 SJ Power - Energy Purchase 04/25/2022 Calpine Energy Service 76,350.00 SJ Power - Energy Purchase 04/25/2022 NRG Power Marketing 72,500.00 SJ Power - Energy Purchase 04/25/2022 Gateway Energy Storage 8,000.00 SJ Power - Energy Purchase 04/25/2022 Morgan Stanley Capital Group, Inc 75,500.00 SJ Power - Energy Purchase 04/25/2022 TGP Energy Management, LLC 45,312.50 SJ Power - Energy Purchase

3.A.3.a
Packet Pg. 57
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022)

CITY OF SAN JACINTO

ELECTRONIC FUNDS TRANSFER REPORT
April 1 - 30, 2022

DATE PAYEE AMOUNT REASON
04/25/2022 3 Phases Renewables 16,500.00 SJ Power - Energy Purchase 04/25/2022 Voyager Wind Expansion, LLC 3,647.17 SJ Power - Energy Purchase 04/25/2022 Sierra Pacific Industries 2,019.70 SJ Power - Energy Purchase 04/25/2022 California Choice Energy 24,670.89 SJ Power - Energy Purchase, Sales & Admin 1,005,685.24

3.A.3.a
Packet Pg. 58
Attachment: Warrant Register April 30, 2022 (Warrants and Disbursements - April 2022) May 17, 2022
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Report - Use of ARPA Funds
RECOMMENDATION:

Staff recommends that the City Council receive and file the report of the ARPA funds.

DISCUSSION:

The American Rescue Plan Act (ARPA) was signed into law by the President on March 11, 2021. The Fiscal recovery Funds are intended to provide support to State, local, and Tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 on their communities, residents, and businesses. The Secretary of the Treasury (Treasury) has adopted as final the interim final rule published on May 17, 2021, with amendments. One of the most notable amendments enables recipients to claim a standard allowance for revenue loss of up to $10 million dollars. The provisions in this final rule are effective April 1, 2022.

On July 13, 2021, the City received its first of two installments of the $11,773,274 in ARPA funds allocated to the City. The second installment is expected in July 2022.

On August 17, 2021, the City Council approved an initial project list for the use of ARPA funds.

The initial projects were designed to meet specific categories in the final rule and maximize community benefit, while also prioritizing community desires (as documented by Measure V poll results). ARPA funds must be obligated by December 31, 2024, and expended by December 31, 2026. Despite only expending 5.7% of ARPA funds so far, staff is confident that the funds will be expended timely, especially considering the costly nature of the infrastructure projects.

Recently, City staff submitted the first Project and Expenditure Report required by the Treasury regarding the use of ARPA funds. Project and Expenditure Reporting is required quarterly hereafter. As suggested by the Treasury, the City elected to take claim the $10 million dollar standard allowance, which is accompanied by streamlined compliance reporting requirements.

As a result, all but the three major infrastructure projects were re-categorized to the Revenue Loss category. A complete summary of original and final categorizations is attached.

FISCAL IMPACT:

There is no fiscal impact with the reporting of the use of ARPA funds.

ATTACHMENTS:

ARPA Summary Report - 03-31-22 - for City Council
ARPA Category Summary

3.A.4
Packet Pg. 59

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Prior Current Total
Item # Description Estimate Expenditures Expenditures Expenditures Remaining Category D - Investments to Infrastructure 1 New Grand Well 2,500,000.00 - 35,404.55 35,404.55 2,464,595.45
2 New Grand Well Treatment Plant 2,500,000.00 - - - 2,500,000.00 3 Bath Well Treatment Plant 2,500,000.00 - - - 2,500,000.00 Category C - Revenue Loss 1 Lead Service Line Replacement Program 100,000.00 - - - 100,000.00
2 SCADA Replacement 400,000.00 - - - 400,000.00
3 Cottonwood Lift Station 75,000.00 - 65,834.38 65,834.38 9,165.62 4 Sewer Main Line Replacement (Tahquitz) 500,000.00 - 735.00 735.00 499,265.00 5 Parkside Village Stormwater Basin 155,000.00 - - - 155,000.00 6 Sanderson Stormwater Culverts 500,000.00 - - - 500,000.00 7 Mobile Bypass Pump 60,000.00 - - - 60,000.00
8 Civic Center/Main Street/Broadband 150,000.00 - - - 150,000.00 9 Community Development Software Upgrade 379,500.00 - 128,772.50 128,772.50 250,727.50 10 City Hall Queue Management System 12,000.00 - 8,400.00 8,400.00 3,600.00 11 Soofa Sign 18,000.00 - 18,000.00 18,000.00 -

3.A.4.a
Packet Pg. 60
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Prior Current Total
Item # Description Estimate Expenditures Expenditures Expenditures Remaining 12 City Hall Front Lobby/Office Remodel 80,000.00 - 81,804.04 81,804.04 (1,804.04) 13 Community Center Remodel 90,000.00 - 73,677.59 73,677.59 16,322.41 14 Fitness Court at Mistletoe Park 186,000.00 - 205,637.33 205,637.33 (19,637.33) 15 Splashpad at Sallee Park 700,000.00 - - - 700,000.00 16 Small Business Grants 150,000.00 - 52,500.00 52,500.00 97,500.00 17 Early Childhood Development Site Grants 29,774.00 - - - 29,774.00 18 City Net - Year 2 costs with "Rapid Rehousing" 503,000.00 - - - 503,000.00 19 Local Business Development Incentives 150,000.00 - - - 150,000.00 20 Family Services Agency - Program Assistance - - - - - 21 Community Foundation 35,000.00 - - - 35,000.00
11,773,274.00 - 670,765.39 670,765.39 11,102,508.61

3.A.4.a
Packet Pg. 61
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #D-1 - New Grand Well - Design/Engineering/Construction CIP #20-004 - ARPA Subcategory 5.13
Estimate: $2,500,000
Start date: 04/28/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
06/14/2021 Kyle Groundwater, Inc. Professional services - May 5,708.35 06/30/2021 Kyle Groundwater, Inc. Professional services - June 11,830.00 08/23/2021 Kyle Groundwater, Inc. Professional services - July 10,938.75 08/27/2021 Riverside County Assessor-Clerk-Recorder Fees 50.00 10/31/2021 Press Enterprise Legal advertising 1,676.60
11/07/2021 Kyle Groundwater, Inc. Professional services - Aug-Oct 3,436.25 01/17/2022 Kyle Groundwater, Inc. Professional services - Nov-Dec 1,764.60 Current expenditures 35,404.55
Prior expenditures -
Total 35,404.55
Estimate 2,500,000.00
Remaining 2,464,595.45

3.A.4.a
Packet Pg. 62
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #D-2 - New Grand Well Treatment Plant - Design/Engineering/Construction CIP #22-010 - ARPA Subcategory 5.10
Estimate: $2,500,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 2,500,000.00
Remaining 2,500,000.00

3.A.4.a
Packet Pg. 63
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #D-3 - Bath Well Treatment Plant - Design/Engineering/Construction CIP #22-005 - ARPA Subcategory 5.10
Estimate: $2,500,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 2,500,000.00
Remaining 2,500,000.00

3.A.4.a
Packet Pg. 64
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-1 - Lead Service Line Replacement - Initial inspection Project "ARPA-A" - ARPA Subcategory 6.1
Estimate: $100,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 100,000.00
Remaining 100,000.00

3.A.4.a
Packet Pg. 65
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-2 - SCADA Replacement
CIP #22-011 - ARPA Subcategory 6.1
Estimate: $400,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 400,000.00
Remaining 400,000.00

3.A.4.a
Packet Pg. 66
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-3 - Cottonwood Lift Station
CIP #CP-003A - ARPA Subcategory 6.1
Estimate: $75,000
Start date: 02/01/22 - End date: 02/02/22

TRANS DATE VENDOR DESCRIPTION AMOUNT
02/02/2022 Multi W Systems, Inc. Sewage pump system upgrade 65,834.38 Current expenditures 65,834.38
Prior expenditures -
Total 65,834.38
Estimate 75,000.00
Remaining 9,165.62

3.A.4.a
Packet Pg. 67
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-4 - Sewer Main Line Replacement (Tahquitz)
CIP #CP-003B - ARPA Subcategory 6.1
Estimate: $500,000
Start date: 10/13/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
10/13/2021 Tri Lake Consultants, Inc. Engineering services 135.00 12/14/2021 Tri Lake Consultants, Inc. Engineering services 600.00 Current expenditures 735.00
Prior expenditures -
Total 735.00
Estimate 500,000.00
Remaining 499,265.00

3.A.4.a
Packet Pg. 68
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-5 - Parkside Village Stormwater Basin - Design/Engineering/Construction CIP #22-003 - ARPA Subcategory 6.1
Estimate: $155,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 155,000.00
Remaining 155,000.00

3.A.4.a
Packet Pg. 69
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-6 - Sanderson Stormwater Culverts - Design/Engineering/Construction CIP #22-012 - ARPA Subcategory 6.1
Estimate: $500,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 500,000.00
Remaining 500,000.00

3.A.4.a
Packet Pg. 70
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-7 - Mobile Bypass Pump
Project "ARPA-B" - ARPA Subcategory 6.1
Estimate: $60,000
Start date: 03/18/22 - End date: 03/18/22

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 60,000.00
Remaining 60,000.00

3.A.4.a
Packet Pg. 71
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-8 - Civic Center/Main Street Broadband - Design/Engineering CIP #22-013 - ARPA Subcategory 6.1
Estimate: $150,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 150,000.00
Remaining 150,000.00

3.A.4.a
Packet Pg. 72
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-9 - Community Development Software Upgrade
Project "ARPA-C" - ARPA Subcategory 6.1
Estimate: $379,500
Start date: 03/03/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
03/31/2021 Tyler Technologies, Inc. Consulting services - Mar 21 5,318.75 04/30/2021 Tyler Technologies, Inc. Consulting services - Apr 21 8,602.50 05/31/2021 Tyler Technologies, Inc. Consulting services - May 21 9,435.00 06/30/2021 Tyler Technologies, Inc. Consulting services - June 21 9,758.75 07/31/2021 Tyler Technologies, Inc. Consulting services - July 21 4,486.25 08/31/2021 Tyler Technologies, Inc. Consulting services - Aug 21 1,757.50 09/30/2021 Tyler Technologies, Inc. Consulting services - Sept 21 6,243.75 10/31/2021 Tyler Technologies, Inc. Consulting services - Oct 21 16,927.50 11/30/2021 Tyler Technologies, Inc. Consulting services - Nov 21 16,187.50 12/31/2021 Tyler Technologies, Inc. Consulting services - Dec 21 11,007.50 01/31/2022 Tyler Technologies, Inc. Consulting services - Jan 22 11,932.50 02/28/2022 Tyler Technologies, Inc. Consulting services - Feb 22 27,115.00 Current expenditures 128,772.50
Prior expenditures -
Total 128,772.50
Estimate 379,500.00

3.A.4.a
Packet Pg. 73
Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-9 - Community Development Software Upgrade
Project "ARPA-C" - ARPA Subcategory 6.1
Estimate: $379,500
Start date: 03/03/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Remaining 250,727.50

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-10 - City Hall Queue Management System
Project "ARPA-D" - ARPA Subcategory 6.1
Estimate: $12,000
Start date: 07/08/21 - End date: 07/08/21

TRANS DATE VENDOR DESCRIPTION AMOUNT
07/08/2021 QLess, Inc. Virtual set-up & training 8,400.00 Current expenditures 8,400.00
Prior expenditures -
Total 8,400.00
Estimate 12,000.00
Remaining 3,600.00

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-11 - Soofa Sign
CIP #18-007 - ARPA Subcategory 6.1
Estimate: $18,000
Start date: 07/20/21 - End date: 07/19/24

TRANS DATE VENDOR DESCRIPTION AMOUNT
07/20/2021 Soofa, Inc. Sign lease 12,000.00
08/23/2021 Soofa, Inc. Sign lease 6,000.00
Current expenditures 18,000.00
Prior expenditures -
Total 18,000.00
Estimate 18,000.00
Remaining -

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-12 - City Hall Front Lobby/Office Remodel
CIP #22-014 - ARPA Subcategory 6.1
Original Estimate: $60,000 - Adjusted Estimate: $80,000 Start date: 06/15/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
06/15/2021 Shademaker, Inc. Deposit on awning 1,362.50
09/15/2021 Travis Randel Lobby reconfiguration supplies 779.56 09/22/2021 New Horizon Carpets Carpet installation 1,689.00 09/27/2021 Bil-Den Construction Company City Hall renovation 9,540.00 10/01/2021 Cubicle and Office, Inc. Remodel 7,576.03
10/04/2021 Bil-Den Construction Company Remove drinking fountain 972.00 10/08/2021 Cubicle and Office, Inc. Room enclosure 8,160.47 10/11/2021 Graphic Installations, Inc. Photos with measurements for murals 400.00 10/25/2021 Amazon Wall-mounted card holder 71.76
10/25/2021 Costco Lobby monitor for QLess 440.99
10/25/2021 Amazon TV & monitor mounts & HDMI 122.66
10/31/2021 Arlington Computer Products ET-cord 6,095.85 11/22/2021 Amazon Dual monitor arms 357.70
11/22/2021 Logitech Keyboards & mouse 65.21
11/22/2021 Amazon Keyboards, mouse & mounts 201.10
11/22/2021 Logitech Keyboards & mouse 65.22
12/06/2021 Monster Media, Inc. Matte laminate 2,900.10
12/20/2021 Romeril Plumbing & Hardware Cordmate 19.56
12/20/2021 TotalPlan Business Interiors Counter & Lobby reconfiguration 21,711.63 12/27/2021 Amazon IT supplies 2,445.14
12/28/2021 Arlington Computer Products Monitor 1,940.59 12/29/2021 Am-Tec Total Security, Inc. Install 16 network drops 2,920.00

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-12 - City Hall Front Lobby/Office Remodel
CIP #22-014 - ARPA Subcategory 6.1
Original Estimate: $60,000 - Adjusted Estimate: $80,000 Start date: 06/15/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
12/31/2021 Arlington Computer Products Monitors 3,531.56 01/10/2022 Cubicle and Office, Inc. Cubicle installation 1,450.00 01/10/2022 Bil-Den Construction Company Electric work 515.00 01/24/2022 Lowes Surge protectors & mounts 207.52
01/25/2022 Graphic Installations, Inc. Install custom murals 1,337.00 02/04/2022 TotalPlan Business Interiors 5-drawer lateral file & lobby remodel 5,410.32 02/25/2022 Shi.com Kiosk stand for lobby 438.26
03/21/2022 Amazon Microphones returned (922.69)
Current expenditures 81,804.04
Prior expenditures -
Total 81,804.04
Original Estimate 60,000.00
Adjustment 20,000.00
Estimate 80,000.00

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-12 - City Hall Front Lobby/Office Remodel
CIP #22-014 - ARPA Subcategory 6.1
Original Estimate: $60,000 - Adjusted Estimate: $80,000 Start date: 06/15/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Remaining (1,804.04)

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-13 - Community Center Remodel
CIP #22-015 - ARPA Subcategory 6.1
Original Estimate: $80,000 - Adjusted Estimate: $90,000 Start date: 08/23/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
08/23/2021 Uprint City logo backdrops 756.32
08/23/2021 Amazon 5 floor mats 1,462.70
08/23/2021 Amazon Curtains & hooks 282.68
08/23/2021 Amazon Draping & rods 343.60
09/20/2021 Amazon Draping 233.44
09/20/2021 Amazon Draping 405.11
09/20/2021 Amazon Remodel supplies 46.94
10/20/2021 Enko Systems, Inc. Council Chambers AV install 70,000.00 11/22/2021 Monster Media, Inc. Matte laminate 146.80
Current expenditures 73,677.59
Prior expenditures -
Total 73,677.59
Original Estimate 80,000.00
Adjustment 10,000.00

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-13 - Community Center Remodel
CIP #22-015 - ARPA Subcategory 6.1
Original Estimate: $80,000 - Adjusted Estimate: $90,000 Start date: 08/23/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Estimate 90,000.00
Remaining 16,322.41

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-14 - Fitness Court at Mistletoe Park
CIP #22-009 - ARPA Subcategory 6.1
Original Estimate: $186,000
Start date: 07/01/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
07/13/2021 The Thomsen Company, Inc. Survey services 1,830.00 07/27/2021 Inland Foundation Engineering, Inc. Geotechnical investigation 5,000.00 08/18/2021 Tri Lake Consultants, Inc. Engineering services 1,100.00 08/26/2021 National Fitness Campaign LP Fitness Court installation 121,369.44 09/30/2021 Press Enterprise Legal advertising 1,142.00
10/07/2021 Tri Lake Consultants, Inc. Engineering services 3,708.75 10/13/2021 Tri Lake Consultants, Inc. Engineering services 4,215.00 11/02/2021 C.S. Legacy Construction, Inc. Work completed 17,992.54 11/17/2021 Tri Lake Consultants, Inc. Engineering services 645.00 12/14/2021 Tri Lake Consultants, Inc. Engineering services 2,233.36 12/23/2021 C.S. Legacy Construction, Inc. Work completed 33,604.85 12/23/2021 C.S. Legacy Construction, Inc. Liquidated damages (4,372.63) 01/26/2022 Tri Lake Consultants, Inc. Engineering services 2,016.48 01/27/2022 Engineered Installation Additional scope of work 2,872.63 02/15/2022 D.M.C. Tree Care, Inc. Remove trees 1,500.00 02/22/2022 American Fence Co., Inc. Temp fence 2/10-4/9/22 471.30 02/22/2022 Tri Lake Consultants, Inc. Engineering services 4,031.78 03/01/2022 Engineered Installation Additional scope - concrete redo 1,531.38 03/03/2022 Superior Ready Mix Concrete Concrete services 1,488.38 03/16/2022 Engineered Installation Additional scope of work 342.07 03/21/2022 Innovative Growth Landscape Woodchip installation 2,915.00

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-14 - Fitness Court at Mistletoe Park
CIP #22-009 - ARPA Subcategory 6.1
Original Estimate: $186,000
Start date: 07/01/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures 205,637.33
Prior expenditures -
Total 205,637.33
Estimate 186,000.00
Remaining (19,637.33)

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-15 - Splashpad at Sallee Park
CIP #22-016 - ARPA Subcategory 6.1
Original Estimate: $700,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 700,000.00
Remaining 700,000.00

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-16 - Small Business Grants
CIP #22-017 - ARPA Subcategory 6.1
Original Estimate: $150,000
Start date: 03/16/21 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
03/16/2021 Amer-Mex Mfg., Inc. Small Business Grant program 7,500.00 03/16/2021 Bolo's Barber Shop Small Business Grant program 7,500.00 03/16/2021 Nachos Auto Electric Small Business Grant program 10,000.00 03/16/2021 Rachel's Beauty Salon Small Business Grant program 10,000.00 03/16/2021 San Diego Screw Products Small Business Grant program 7,500.00 03/16/2021 Tita's Beauty Salon Small Business Grant program 10,000.00 Current expenditures 52,500.00
Prior expenditures -
Total 52,500.00
Estimate 150,000.00
Remaining 97,500.00

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-17 - Early Childhood Development Grants
CIP #22-018 - ARPA Subcategory 6.1
Original Estimate: $250,000 - Adjusted Estimate: $0
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Original Estimate 250,000.00
Adjustment (220,226.00)
Estimate 29,774.00
Remaining 29,774.00

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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-18 - City Net Year 2 Costs with "Rapid Rehousing" Project "ARPA-G" - ARPA Subcategory 6.1
Original Estimate: $0 - Adjusted Estimate: $220,000
Start date: 07/01/23 - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Original Estimate 350,000.00
Adjustment 153,000.00
Estimate 503,000.00
Remaining 503,000.00

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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-19 - Local Business Development Incentives
CIP #22-019 - ARPA Subcategory 6.1
Original Estimate: $150,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 150,000.00
Remaining 150,000.00

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-20 - Family Services Agency
Project "ARPA-E" - ARPA Subcategory 6.1
Original Estimate: $100,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Original Estimate 100,000.00
Adjustment (100,000.00)
Estimate -
Remaining -

3.A.4.a
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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

ARPA REPORTING SCHEDULE
REPORTING PERIOD: 03/03/21 - 03/31/22
Item #C-21 - Community Foundation
Project "ARPA-F" - ARPA Subcategory 6.1
Original Estimate: $35,000
Start date: TBD - End date: TBD

TRANS DATE VENDOR DESCRIPTION AMOUNT
Current expenditures -
Prior expenditures -
Total -
Estimate 35,000.00
Remaining 35,000.00

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Attachment: ARPA Summary Report - 03-31-22 - for City Council (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

FINAL ARPA ALLOCATION SCHEDULE
Original
Item # Description
Original
Estimate
Final Item
# Description Final Estimate
Category D - Investments to Infrastructure Category D - Investments to Infrastructure 1 New Grand Well 2,500,000.00 1 New Grand Well 2,500,000.00 2 New Grand Well Treatment Plant 2,500,000.00 2 New Grand Well Treatment Plant 2,500,000.00 3 Bath Well Treatment Plant 2,500,000.00 3 Bath Well Treatment Plant 2,500,000.00 4 Lead Service Line Replacement Program 100,000.00 Category C - Revenue Loss 1 Lead Service Line Replacement Program 100,000.00
5 SCADA Replacement 400,000.00
2 SCADA Replacement 400,000.00
6 Cottonwood Lift Station 75,000.00
3 Cottonwood Lift Station 75,000.00
7 Sewer Main Line Replacement (Tahquitz) 500,000.00
4 Sewer Main Line Replacement (Tahquitz) 500,000.00
8 Parkside Village Stormwater Basin 155,000.00
5 Parkside Village Stormwater Basin 155,000.00
9 Sanderson Stormwater Culverts 500,000.00
6 Sanderson Stormwater Culverts 500,000.00
10 Mobile Bypass Pump 60,000.00
7 Mobile Bypass Pump 60,000.00
11 Civic Center/Main Street/Broadband 150,000.00
8 Civic Center/Main Street/Broadband 150,000.00
Category A - Public Health and Economic Impacts
1 Community Development Software Upgrade 379,500.00 9 Community Development Software Upgrade 379,500.00 2 City Hall Queue Management System 12,000.00 10 City Hall Queue Management System 12,000.00 3 Soofa Sign 18,000.00 11 Soofa Sign 18,000.00
4 City Hall Front Lobby/Office Remodel 60,000.00 12 City Hall Front Lobby/Office Remodel 80,000.00 5 Community Center Remodel 80,000.00 13 Community Center Remodel 90,000.00

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Attachment: ARPA Category Summary (Report - Use of ARPA Funds)

CITY OF SAN JACINTO

FINAL ARPA ALLOCATION SCHEDULE
Original
Item # Description
Original
Estimate
Final Item
# Description Final Estimate
6 Fitness Court at Mistletoe Park 186,000.00 14 Fitness Court at Mistletoe Park 186,000.00 7 Splashpad at Sallee Park 700,000.00 15 Splashpad at Sallee Park 700,000.00 8 Small Business Grants 150,000.00 16 Small Business Grants 150,000.00 9 Early Childhood Development Site Grants 250,000.00 17 Early Childhood Development Site Grants 29,774.00 10 City Net - Year 2 costs with "Rapid Rehousing" 350,000.00 18 City Net - Year 2 costs with "Rapid Rehousing" 503,000.00 11 Local Business Development Incentives 150,000.00 19 Local Business Development Incentives 150,000.00 12 Family Services Agency - Program Assistance 100,000.00 20 Family Services Agency - Program Assistance - 13 Community Foundation 35,000.00 21 Community Foundation 35,000.00 11,910,500.00 11,773,274.00

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Attachment: ARPA Category Summary (Report - Use of ARPA Funds) May 17, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ RECOMMENDATION:

Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, commonly known as the site of Tommy’s Car Wash and The Habit Burger, into Community Facilities District No. 2003-1 and Authorize the Levy of Special Taxes therein.

DISCUSSION:

The City Council and Planning Commission previously identified the need for additional funding for police protection and fire protection and suppression services. This includes funding for increased service levels necessitated by new development within the City. In response, the City Council formed Community Facilities District 2003-1 (the "CFD") and the levy of special taxes therein.

The City levies a special tax on eligible parcels within the CFD to mitigate the added cost of providing public safety services to new development. The adoption of the Resolution of Intention is required to annex the territory into the CFD. The Resolution of Intention approves the CFD annexation boundaries and sets the Public Hearing date for June 21, 2022, during a regularly scheduled City Council meeting. A ballot will be mailed to the property owner(s) within the annexation territory to vote for or against the annexation.

The property owner(s) have submitted a Petition to annex into Community Facilities District No. 2003-1 as a funding mechanism for police protection and fire protection and suppression services.

FISCAL IMPACT:

This development is expected to be retail commercial, and therefore exempt from the special tax.

Accordingly, the annexation has no immediate impact on the City’s budget. However, if the use of any of the parcels within the annexed territory changes, the parcel may become subject to the special tax. At which point, the special tax would be levied consistent with the attached Rate and Method of Apportionment.

ATTACHMENTS:

CFD 2003-1 Annex 63 - Resolution 3914 of Intention
CFD 2003-1 Annex 63 - Exhibit A Boundary Map
CFD 2003-1 Annex 63 - Exhibit B RMA

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Resolution No. 3914

STATE OF CALIFORNIA ) RESOLUTION NO. 3914
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN JACINTO DECLARING ITS INTENTION TO

ANNEX TERRITORY INTO COMMUNITY FACILITIES
DISTRICT NO. 2003-1 AND TO AUTHORIZE THE LEVY

OF SPECIAL TAXES THEREIN
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63
WHEREAS, the City Council (the "Council") of the City of San Jacinto (the "City") has previously conducted proceedings to establish Community Facilities District No. 2003-1 (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, the Council has received a petition (including waivers) from the landowner requesting that it annex into the CFD under the Act to provide for the costs of services, and the Council now desires to commence proceedings to annex territory into the CFD as described herein; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD and now desires to undertake proceedings to annex territory to the CFD.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto as follows:

SECTION 1. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

SECTION 2. The name of the existing CFD is "City of San Jacinto Community Facilities District No. 2003-1."

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Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) Resolution No. 3914

SECTION 3. A general description of the territory included in the existing CFD is hereinafter described as follows: All that property and territory as originally included in the existing CFD heretofore recorded as Instrument No. 2003- 995886 in the office of the County Recorder for the County of Riverside on December 22, 2003, in Book 55 at Page 58-59 of Maps of Assessments and Community Facilities Districts, to which map reference is hereby made, and as such map was amended as a result of prior annexations.

A description of the boundaries and territory proposed to be annexed is as follows: All that territory proposed to be annexed to the CFD is as shown on the Annexation Map for Annexation No. 63 to the CFD, on file with the City Clerk, the boundaries of which territory are hereby preliminary approved and to which map reference is hereby made for further particulars. The area proposed to be annexed to the CFD is as shown on the Annexation Map identified in Exhibit A. The City Clerk is hereby directed to cause to be recorded such Annexation Map, showing the territory to be annexed, in the office of the County Recorder of the County of Riverside within fifteen days of the date of adoption of this resolution.

SECTION 4. The type of services financed by the CFD and pursuant to the Act shall consist of those services described as follows: (a) police protection services, including but not limited to criminal justice services, and (b) fire protection and suppression services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be annexed to the CFD.

SECTION 5. Except to the extent that funds are otherwise available to the CFD to pay for the services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD (including the property to be annexed thereto), is intended to be levied annually within the CFD and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council shall determine including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B to this Resolution of Intention.

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Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) Resolution No. 3914

SECTION 6. The special tax proposed to be levied for services to be supplied within the territory proposed to be annexed will be equal to the special taxes levied to pay for the same services in the CFD, except that a higher or lower special tax may be levied within the territory proposed to be annexed to the extent that the actual cost of providing the services in that territory is higher or lower than the cost of providing those services in the CFD. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the CFD Rate and Method in Exhibit B.

SECTION 7. Notice is given that on Tuesday, June 21, 2022, at 6:30 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this Council at the City of San Jacinto, Community Center, 625 S. Pico Avenue, San Jacinto, California, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD, and consider and finally determine whether the public interest, convenience, and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

SECTION 8. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be annexed to the CFD. The publication of the notice shall be completed at least seven days before the date herein set for said hearing. The City Clerk may also cause a copy of such notice to be mailed to the registered voters and landowners within the territory proposed to annexed, which shall be mailed at least fifteen days before the date of said hearing. The notice shall be substantially in the form of Exhibit C hereto.

SECTION 9. This Resolution shall take effect upon its adoption.

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Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) Resolution No. 3914

PASSED, APPROVED, and ADOPTED this 17th day of May 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

City of San Jacinto
______________________________
Crystal Ruiz, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney

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Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) Resolution No. 3914

CERTIFICATION

STATE OF CALIFORNIA)

COUNTY OF RIVERSIDE)

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3914 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on May 17, 2022.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 17th day of May, 2022. ______________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) Resolution No. 3914

EXHIBIT A
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63

ANNEXATION MAP

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Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) Resolution No. 3914

EXHIBIT B
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

3.A.5.a
Packet Pg. 100 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) Resolution No. 3914

EXHIBIT C
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63

NOTICE OF PUBLIC

HEARING
NOTICE IS HEREBY GIVEN that at 6:30 p.m. on June 21, 2022, or as soon thereafter as practicable, the City Council of the City of San Jacinto (the "City Council") will hold a public hearing on the Annexation of territory ("Annexation No. 63") to City of San Jacinto Community Facilities District No. 2003-1 (the "CFD"), the proposed rate, and method of apportionment of the special tax (the "Special Tax") to be levied on certain property within Annexation No. 63. It is anticipated that the public hearing may be held virtually by teleconference or web conference only. The virtual location will be identified on the agenda, in accordance with the Brown Act, for the meeting during which this public hearing will be conducted. If held in person, the public hearing will be conducted at the Council Chambers, 625 South Pico, San Jacinto, California. Please check the agenda, which will be posted on the City's website, prior to the meeting for the location of the public hearing and related instructions.

On May 17, 2022, the City Council adopted Resolution No. 3914 (the "Resolution of Intention"), declaring its intention to annex Annexation No. 63 to the CFD pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), and to levy Special Taxes to finance police services, fire protection, and suppression services.

The following are types of services to be provided for and financed by Annexation No. 63:
(a) police protection services, including but not limited to criminal justice services, and (b) fire protection and suppression services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be annexed to the CFD.

Except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the boundaries of the CFD and Annexation No. 63. Commencing with Fiscal Year 2003-04, a Maximum Special Tax shall be levied as follows: Special Tax A (1) $350 per unit for Single-Family Property; (2) $262.50 per unit for Apartment Property; (3) $0.119 per SF of Floor Area for Non-Retail Commercial/Industrial Property.

3.A.5.a
Packet Pg. 101 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) Resolution No. 3914
Special Tax B (1) $600.00 per unit for Single-Family Property; (2) $450.00 per unit for Apartment Property; (3) $0.204 per SF of Floor Area for Non-Retail Commercial/Industrial Property. The Special Tax B is a one-time special tax that shall be collected by the City at the time a building permit for new construction is issued for an Assessor's Parcel of Taxable Property. For each subsequent fiscal year, the Maximum Special Tax A and Special Tax B shall be increased by the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6.00%) and a minimum increase of two percent (2.00%) of the amount in effect in the previous Fiscal Year.

Any taxpayer that believes that the amount of the Special Tax assigned to a Parcel is in error may file a written notice with the CFD Administrator appealing the levy of the Special Tax. This notice is required to be filed with the CFD Administrator during the fiscal year the error is believed to have occurred. The City and/or CFD Administrator will then promptly review the appeal and, if necessary, meet with the taxpayer. If the City and/or CFD Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected, and, if applicable in any case, a credit shall be applied to the Special Tax levied on such parcel in the subsequent fiscal year.

The Special Tax, as levied pursuant to Section D of the Rate and Method of Apportionment, shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may direct bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary, to meet the financial obligations of Annexation No. 63 and the CFD, or as otherwise determined appropriate by the City.

The Special Tax shall be levied in perpetuity to fund Public Services provided to Annexation No. 63 of the CFD.

If at least 12 persons have been registered to vote within the territory to be annexed to the CFD for each of the 90 days preceding the close of the public or protest hearing, the vote in the special election shall be by the registered voters of Annexation No. 63 with each voter having one vote. In that event, the special election shall be conducted by the Registrar of Voters of the County of Riverside and shall be held on a date selected by the City Council, and the ballots for the special election shall be distributed to the qualified electors of Annexation No. 63 by mail with return postage prepaid, and the special election shall be conducted as a mail ballot election.

If, at the time of the close of the protest hearing, less than 12 persons have been registered to vote within the territory of Annexation No. 63, the vote shall be by the landowners of Annexation No. 63, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or

3.A.5.a
Packet Pg. 102 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) Resolution No. 3914
she owns within Annexation No. 63. In that event, the special election shall be conducted by the City Clerk.

At the hearing, the testimony of all interested persons, including all taxpayers or persons owning property in the area, for or against the annexation of Annexation No. 63 to the CFD, the extent of Annexation No. 63, the furnishing of a specified type or types of public facilities or services, will be heard. If 50 percent or more of the registered voters residing within the territory proposed to be annexed to the CFD, or the owners of one-half or more of the area of the land in the territory proposed to be annexed to the CFD and not exempt from the Special Tax, file written protests against the annexation of Annexation No. 63 to the CFD, and protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to annex Annexation No. 63 to the CFD or to levy the Special Tax shall be taken for a period of one year from the date of the decision of the City Council. If the majority protests of the registered voters or the landowners are only against the furnishing of a specified type or types of facilities or services within Annexation No. 63 or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of annexation. Protests can be delivered or mailed to the City Clerk at 595 S. San Jacinto Avenue, San Jacinto, CA 92583.

All capitalized terms not defined herein shall be as defined in the Resolution of Intention to Annex Territory to the CFD. The complete texts of the Resolution of Intention to Annex Territory to the CFD, the proposed Rate and Method of Apportionment of the Special Tax among parcels of real property in the CFD and Annexation No. 63, and the Boundary Map of Annexation No. 63 are on file in the office of the City Clerk and available for public inspection.

If you have any questions, please call NBS at (800) 676-7516.

Sincerely,
Julia Espinoza, City Clerk
City of San Jacinto

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Packet Pg. 103 Attachment: CFD 2003-1 Annex 63 - Resolution 3914 of Intention (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) ANNEXATION MAP NO. 63 OF

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN JACINTO THIS ________ DAY OF ______________, 20___.
________________________________________

CITY CLERK

CITY OF SAN JACINTO

RIVERSIDE COUNTY, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF ANNEXATION NO. 63 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1, COUNTY OF RIVERSIDE, STATE OF

CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO, AT A MEETING THEREOF, HELD ON THE _____ DAY OF ______________, 20___, BY ITS RESOLUTION NO. __________________. ________________________________________

CITY CLERK

CITY OF SAN JACINTO

RIVERSIDE COUNTY, CALIFORNIA
FILED THIS ________ DAY OF ______________, 20___, AT THE HOUR OF _______ O’CLOCK __M, IN BOOK ________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE ______ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. ____________________________
DEPUTY

COUNTY RECORDER

COUNTY OF RIVERSIDE, CALIFORNIA

FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.

REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED “AMENDED PROPOSED BOUNDARY MAP OF CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA” FILED THE 22ND DAY OF DECEMBER, 2003, AT THE HOUR OF 8:00 O’CLOCK A.M. IN BOOK 55 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGES 58-59 AND AS INSTRUMENT NO. 2003-995886 IN

THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAP AFFECTS. CERTAIN ANNEXATION PROCEEDINGS HAVE BEEN CONDUCTED WHICH HAVE ADDED OTHER TERRITORY TO THIS COMMUNITY FACILITIES DISTRICT NO IDENTIFIED IN THIS BOUNDARY MAP.

CITY OF SAN JACINTO

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
439-111-003
439-111-004

LA ENTRADA

ESPLANADE AVE

SAN JACINTO AVE SAN JACINTO AVE

ESPLANADE AVE
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet ¬«79
¬«79

RAMONA EXPY

STATE ST

WARREN RD

SANDERSON AVE

MAIN ST

COTTONWOOD AVE

ESPLANADE AVE

MOUNTAIN AVE

RAMONA EXPY

SAN JACINTO AVE

RAMONA BLVD

LAKE PARK DR

ESPLANADA AVE

C I T Y O F S A N J A C I N T O
Annexation Boundary
Annexation Parcels
Parcels 0 50 100 200 Feet
O

RAMONA EXPY

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Packet Pg. 104 Attachment: CFD 2003-1 Annex 63 - Exhibit A Boundary Map (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 1

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2003-1

OF THE CITY OF SAN JACINTO
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2003-1 of the City of San Jacinto ("CFD No. 2003-1") and collected each Fiscal Year commencing in Fiscal Year 2003-2004, in an amount determined by the Council through the application of the appropriate Special Tax for "Developed Property" as described below. All of the real property in CFD No. 2003-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter

2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2003-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2003-1 or any designee thereof of complying with City or CFD No. 2003-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2003-1 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2003-1 for any other administrative purposes of CFD No. 2003-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Apartment Property" means any Assessor's Parcel of Residential Property that consists of a building or buildings comprised of attached residential units available for rental, but not purchase, by the general public and under common management. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

3.A.5.c
Packet Pg. 105 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 2
"CFD Administrator" means an official of the City, or designee thereof, responsible for calculating the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2003-1" means Community Facilities District No. 2003-1 of the City. "City" means the City of San Jacinto.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2003-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued after March 1, 2003 and as of March 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30. "Floor Area" for any Non-Residential Property means the total square footage of the building(s) located on such property, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel. "Land Use Class" means any of the classes listed in Table 1 and Table 2. "Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special Tax B, as applicable.
"Maximum Special Tax A" means the Maximum Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel. "Maximum Special Tax B" means the Maximum Special Tax B, determined in accordance with Section C.2 below, that can be levied on any Assessor’s Parcel of Taxable Property on a one-time basis, at the time a building permit for new construction is issued for such Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels for which a building permit(s) was issued for a non-residential use.

3.A.5.c
Packet Pg. 106 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 3
"Non-Retail Commercial/Industrial Property" means all Assessor’s Parcels of Developed Property that are considered Non-Residential Property and that are not Retail Commercial Property.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year.
"Proportionately" means that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Developed Property. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2003-1 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2003-1 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor’s Parcels of Non-Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator. However, if the land use of an Assessor’s Parcel changes, and such Assessor’s Parcel no longer generates retail sales tax, such Assessor’s Parcel shall no longer be considered Retail Commercial Property and shall be classified and taxed according to its use, as determined by the CFD Administrator.
"Single Family Property" means all Assessor’s Parcels of Residential Property for which building permits have been issued for detached residential units, excluding Apartment Property.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement. "Special Tax B" means the one-time Special Tax which is paid directly to the City at the time a building permit for new construction is issued for an Assessor’s Parcel of Taxable Property.

3.A.5.c
Packet Pg. 107 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 4
"Special Tax Requirement" means that amount required in any Fiscal Year to meet the needs of CFD No. 2003-1 to: (i) pay for fire protection and suppression services (ii) pay for police protection services (iii) pay Administrative Expenses; less (iv) a credit for any funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator. "State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2003-1 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2003-1 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Section C.

Residential Property shall be assigned to Land Use Classes 1 and 2 based on the type of structure located on the Assessor's Parcel. Non-Retail Commercial/Industrial Property shall be assigned to Land Use Class 3.

C. MAXIMUM SPECIAL TAX RATE

1. Special Tax A
The Special Tax A is an annual Special Tax that shall be levied on Developed Property to fund the Special Tax Requirement.
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for Fiscal Year 2003-2004 for each Land Use Class is shown below in Table 1.

3.A.5.c
Packet Pg. 108 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 5
TABLE 1
Maximum Special Tax A for Developed Property
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax A
1 Single Family Property $350 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail
Commercial/Industrial Property $0.119 per SF of Floor Area (ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2004, the Maximum Special Tax A shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
(iii) Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.
b. Undeveloped Property

No Special Tax A shall be levied on Undeveloped Property.

3.A.5.c
Packet Pg. 109 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 6

2. Special Tax B
The Special Tax B is a one-time Special Tax that shall be paid directly to the City at the time a building permit for new construction is issued for an Assessor’s Parcel of Taxable Property.
a. Maximum Special Tax B
The Maximum Special Tax B for Fiscal Year 2003-2004 for each Land Use Class is shown below in Table 2.

TABLE 2
Maximum Special Tax B
For Fiscal Year 2003-2004
Community Facilities District No. 2003-1
Land Use Class Description Maximum Special Tax B
1 Single Family Property $600 per unit
2 Apartment Property $450 per unit
3 Non-Retail
Commercial/Industrial
Property
$0.204 per SF of Floor Area
b. Increase in the Maximum Special Tax B
On each July 1, commencing on July 1, 2004, the Maximum Special Tax B shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2003-2004 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement. The Council shall levy the Special Tax A until the amount of Special Taxes equals the Special Tax Requirement.

The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax A as needed to satisfy the Special Tax Requirement.

3.A.5.c
Packet Pg. 110 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 7
Notwithstanding the above, under no circumstances will the Special Tax A levied against any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2003-1.

2. Special Tax B
Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall levy the Special Tax B on each Assessor’s Parcel that is subject to the Special Tax B at 100% of the applicable Maximum Special Tax B. The Special Tax B shall be collected by the City at the time a building permit for new construction is issued for an Assessor’s Parcel of Taxable Property.

E. EXEMPTIONS
No Special Tax shall be levied on Retail Commercial Property, Property Owner Association Property or Public Property. However, should an Assessor’s Parcel no longer be classified as Retail Commercial Property, Property Owner Association Property or Public Property, its tax-exempt status will be revoked.

F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

3.A.5.c
Packet Pg. 111 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) City of San Jacinto October 30, 2003
Community Facilities District No. 2003-1 Page 8
G. MANNER OF COLLECTION
The Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that in Fiscal Year 2004-05 and each Fiscal Year thereafter, CFD No. 2003-1 may directly bill the Special Tax A, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act. Commencing in Fiscal Year 2003-04, the Special Tax B shall be paid directly to the City.

H. TERM OF SPECIAL TAX
The Special Tax A and Special Tax B shall be levied as long as necessary to fund items (i) and (ii) of the Special Tax Requirement.

K:\Clients2\San Jacinto\Mello\Police&Fire CFD\RMA\servicesrma9.doc

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Packet Pg. 112 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)

EXHIBIT B

CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1

MAXIMUM SPECIAL TAX A FOR

DEVELOPED PROPERTY
Land Use
Class Description Fiscal Year 2003-04 Maximum Special Tax A [1] 1 Single Family Property $350.00 per unit
2 Apartment Property $262.50 per unit
3 Non-Retail Commercial/Industrial
Property $0.119 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax A for Developed Property shall be increased by the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6.00%) and a minimum increase of two percent (2.00%) of the amount in effect in the previous Fiscal Year.

3.A.5.c
Packet Pg. 113 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ)

EXHIBIT C

CITY OF JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1

MAXIMUM SPECIAL TAX B
Land Use
Class Description Fiscal Year 2003-04 Maximum Special Tax B [1] 1 Single Family Property $600.00 per unit
2 Apartment Property $450.00 per unit
3 Non-Retail Commercial/Industrial
Property $0.204 per SF of Floor Area
[1] On each July 1, commencing July 1, 2004, the Maximum Special Tax B for property where a building permit has been issued shall be increased by the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6.00%) and a minimum increase of two percent (2.00%) of the amount in effect in the previous Fiscal Year.

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Packet Pg. 114 Attachment: CFD 2003-1 Annex 63 - Exhibit B RMA (CFD 2003-1 Annex 63 - Resolution of Intent - DWSJ) May 17, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ

RECOMMENDATION
Staff recommends that the City Council adopt the Resolution of Intention to Annex Territory, commonly known as the site of Tommy’s Car Wash and The Habit Burger, into Community Facilities District No. 2020-1 and Authorize the Levy of Special Taxes therein.

DISCUSSION
The City Council and Planning Commission previously identified the need for a financing mechanism for maintenance and services on improvements related to new development within the City. In response, the City Council formed Community Facilities District 2020-1 (the "CFD") and approved the levy of special taxes therein. The CFD provides funding for services including, but not limited to, the maintenance of landscaped areas, parkways, and median improvements throughout the CFD, and the maintenance and servicing of streetlights, traffic signals, and appurtenant facilities (the "Services"). The Rate and Method of Apportionment ("RMA") of the CFD defines multiple types of property that may be levied a special tax and utilizes tax zones to allow future development to annex to the CFD rather than forming a new CFD for each new development. The RMA also defines a Contingent Special Tax, which would be levied only if the developer failed to perform maintenance of certain improvements to the City's standards.

The City levies taxes on eligible parcels within the CFD to mitigate the added cost of providing the Services to new development. The adoption of the Resolution of Intention is required to annex the territory into the CFD. The Resolution of Intention approves the CFD annexation boundaries and sets the Public Hearing date for June 21, 2022, during a regularly scheduled City Council meeting. A ballot will be mailed to the property owner(s) within the annexation territory to vote for or against the annexation.

The property owner(s) have submitted a Petition to annex into Community Facilities District No. 2020-1 as a funding mechanism for the Services.

FISCAL IMPACT:

The annexation of territory into the CFD will assist in mitigating the cost of funding the Services. This project will not be levied the Contingent Special Tax unless the developer fails to perform maintenance to the City's standards. In that case, the Contingent Special Tax would be collected in addition to the Special Tax. Both collected taxes would increase annually by a factor

3.A.6
Packet Pg. 115
equal to the annual change in the April-to-April Riverside-San Bernardino-Ontario CPI-U Index up to a maximum factor of 5%.

In the Fiscal Year 2022/23, it is anticipated that the CFD will collect $3,743.06 in special tax revenue based upon full project buildout and, if applicable, $12,766.00 in Contingent Special Tax revenue.

ATTACHMENTS:

CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention
CFD 2020-1 Annex. No. 5 - Boundary Map

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Packet Pg. 116
Resolution No. 3913

STATE OF CALIFORNIA ) RESOLUTION NO. 3913
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO DECLARING INTENTION TO ANNEX

TERRITORY TO SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2020-1 AND ADOPTING A MAP OF THE

AREA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 5 TO CFD 2020-1 (TAX ZONE NO. 6))
WHEREAS, the City Council (the “City Council”) of the City of San Jacinto (the “City”) has established San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, it is necessary that certain parcels of property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property sufficient to pay the costs of such services and costs incidental thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5;
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, as follows:

Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.

Section 2. Name of District. The name of the existing Community Facilities District is San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California.

Section 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory

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described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.

Section 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map of the District recorded on May 20, 2020 in Book 85 of Maps of Assessment and Community Facilities Districts, page 14, and as Instrument No 2020-0214738 in the official records of the County of Riverside. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 5, Community Facilities District No. 2020-1 (Tax Zone No. 6) of the City of San Jacinto, County of Riverside, State of California,” which is on file with the City Clerk (the “Annexation Map”).

Section 5. Types of Services; Incidental Expenses; Plan for Providing Services. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is set forth in Exhibit “B” attached hereto and by reference made a part hereof. The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out its authorized purposes. The services described above shall be provided, as needed, throughout the District and the territory proposed to be annexed thereto for the benefit of all owners of property and residents of the District and the territory proposed to be annexed thereto. All owners of taxable parcels of property within the District and the territory proposed to be annexed thereto shall pay special taxes at the same rate to finance the annual cost of providing such services. The services to be provided and financed by the District, as previously described, are necessary to meet increased demands placed upon the City as a result of development occurring within the District and the territory proposed to be annexed thereto.

Section 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the services described in Section 5 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the territory proposed to be annexed to the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that the District may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The rates and method of apportionment of said special taxes shall be as set forth in Exhibit “C” attached hereto and by this reference made a part hereof.

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Section 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 8 hereof.

Section 8. Hearing. A public hearing on the proposed annexation of said territory to the District shall be held at 6:30 p.m. on Tuesday, June 21, 2022, in the San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California.

Section 9. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the hearing by first class mail to each registered voter and landowner within the territory proposed to be annexed to the District as prescribed by Section 53339.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing and shall contain the information required by said Section 53339.4.

Section 10. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the “protest hearing”) at least 12 persons are registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code (“Section 53326”) and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election.
(b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:

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(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable. (2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner-voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if

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the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within the territory proposed to be annexed to the District.
(6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o’clock p.m. on the date of the election. (8) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the election, the City Clerk, shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.

The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.

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PASSED, APPROVED, and ADOPTED this 17th day of May 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

City of San Jacinto
________________________________
Crystal Ruiz, Mayor
ATTEST:

Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST, BEST & KRIEGER LLP
__________________________________
Michael J. Maurer, City Attorney

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Packet Pg. 122 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ)

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 3913 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 17th day of May, 2022.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 17th day of May, 2022. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

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EXHIBIT “A”

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN

JACINTO, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

APN: 439-111-003 and 439-111-004

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EXHIBIT “B”

DESCRIPTION OF SERVICES
The types of services proposed to be provided for and financed by the proposed District are:
(a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights-of-ways, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, graffiti removal, replacement, furnishing of water, electric current or energy, gas, or other illuminating agent for the operation of any improvement within the District; and (b) the maintenance and servicing of streetlights, traffic signals and appurtenant facilities, including, but not limited to furnishing of electric current, materials, contracted services, and the necessary maintenance, replacement, and repair required to keep the improvements in operational and satisfactory condition; and (c) any other services authorized under the Act.

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EXHIBIT “C”

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax shall be levied and collected in Community Facilities District No. 2020-1, City of San Jacinto (“CFD 2020-1”) each Fiscal Year, in an amount determined by the application of the procedures described below. All of the Taxable Property (as defined below) in CFD 2020-1, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

I. DEFINITIONS
The terms used herein shall have the following meanings:
“Accessory Dwelling Unit” means a secondary residential unit of limited size, as defined in California Government Code Section 65852.1 as that may be amended from time to time, that shares a Parcel with a Unit of Single Family Detached Property. "Acre or Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel shall be determined by the CFD Administrator based upon the applicable final map, parcel map, condominium plan, or other recorded County parcel map or calculated using available spatial data and GIS. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD 2020-1: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Taxes, including any charges levied by the County Auditor’s Office, Tax Collector’s Office or Treasurer’s Office; the costs of the City or designee in complying with the disclosure requirements of the California Government Code (including the Act), including public inquiries regarding the Special Taxes; the costs of the City or designee related to an appeal of the Special Tax; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in CFD 2020-1. “Affordable Housing Property” means, in any Fiscal Year, all or a portion of any Assessor’s Parcel within the boundaries of CFD 2020-1 that is subject to a deed

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restriction, resale restriction, or regulatory agreement recorded in favor of the City of San Jacinto that restricts Unit rents or prices chargeable to lower income households. “Affordable Multi-Family Property” means Multi-Family Property that is also Affordable Housing Property.
“Affordable Single Family Attached Property” means Single Family Attached Property that is also Affordable Housing Property.
“Affordable Single Family Detached Property” means Single Family Detached Property that is also Affordable Housing Property.
“Agricultural Property” means all Assessor’s Parcels of Developed Property in CFD 2020-1 that are used for farming or agriculture according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Annual Services Costs” means the amounts required to fund services authorized to be funded by CFD 2020-1.
“Annual Special Tax Requirement” means that amount with respect to CFD 2020-1 determined by the City Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) the Contingent Special Tax Requirement, (4) any amount required to establish or replenish any reserve or replacement fund established in connection with CFD 2020-1, and (5) reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year.
“Assessor’s Data” means Acreage or other Parcel information contained in the records of the County Assessor.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessment’s Parcel by the County for purposes of identification.
"Backup Contingent Special Tax" means the Backup Contingent Special Tax applicable to each Assessor’s Parcel of Taxable Property, as determined in accordance with Section III below.
"Backup Special Tax" means the Backup Special Tax applicable to each Assessor’s Parcel of Taxable Property, as determined in accordance with Section III below. “Boundary Map” means that map recorded with the County Recorder’s office on the 20th day of May in Book 85 at Page 14 as Document Number 2020-0214738.

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“Building Square Foot(age)” means the structure square footage as shown in the building permit issued or as contained in the County Assessor’s Data. “CFD 2020-1” means the Community Facilities District No. 2020-1, City of San Jacinto, County of Riverside, State of California.
“CFD Administrator” means an official of the City, or designee or agent or consultant, responsible for administering the Special Tax in accordance with this Rate and Method of Apportionment.
“City” means the City of San Jacinto, County of Riverside, California. “City Council” means the City Council of the City, acting as the legislative body of CFD 2020-1.
“Commercial Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for a commercial use, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Contingent Services” means those services to be provided initially by a POA or a property owner where an irrevocable offer of dedication, public easement or other instrument allows for the dedication of improvements to the City so that the City or contractor(s) of the City may provide such services should the POA or property owner be unable to provide the Contingent Services to the City’s standards or pay for the costs of such services. The actual services that are considered Contingent Service may differ within each Tax Zone.
“Contingent Special Tax” means that amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax Requirement. “Contingent Special Tax Requirement” means that amount with respect to each Tax Zone as required in any Fiscal Year if the POA is unable to provide the Contingent Services to the City’s standards or pay for the costs of Contingent Services incurred or otherwise payable.
“County” means the County of Riverside, California.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD 2020-1 for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year. Agricultural Property used for farming or agriculture is considered Developed Property even if no structure is on the Parcel. “Exempt Property” means all property located within the boundaries of CFD 2020-1 which is exempt from the Special Tax pursuant to Section V below. “Fiscal Year” means the period from July 1st of any calendar year through June 30th of the following calendar year.

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“Future Annexation Area” means the area designated for future annexation to CFD 2020-1 as shown in the CFD 2020-1 Boundary Map, as may be amended from time to time.
“GIS” means a geographic information system.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for an industrial use, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Maximum Contingent Special Tax” means the maximum Contingent Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III.
“Maximum Special Tax” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III. “Mixed Use Property” means all Assessor’s Parcels of Developed Property that have more than one property classifications, allowing for both residential and other use types on each such Assessor’s Parcel. For an Assessor’s Parcel of Mixed Use Property, the Special Tax shall be calculated and levied for each use type present on the Assessor’s Parcel.
“Multi-Family Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit has been issued for construction of a residential structure with five or more Units that share a single Assessor’s Parcel Number, are offered for rent to the general public, and cannot be purchased by individual homebuyers, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued, that is not used for people to live in, and does not include Agricultural Property, Commercial Property, Multi-Family Property, Industrial Property or Public Property, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Parcel” means a lot or parcel with a parcel number assigned by the Assessor of the County.
“Property Owner’s Association” or “POA” means any property owner’s association established to provide Contingent Services within a Tax Zone. “Property Owners Association Property” means any property within the boundaries of CFD 2020-1 which is (a) owned by a property owners’ association or (b) designated with specific boundaries and acreage on a final subdivision map as property owner association property. As used in this definition, a property owner association includes any master or sub-association.

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“Proportionately” means, for Developed Property that the ratio of the Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors’ Parcels of Developed Property within CFD 2020-1. For Undeveloped Property, “Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Undeveloped Property within CFD 2020-1.
“Public Property” means any property within the boundaries of CFD 2020-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right-of-way making the property unusable for any other purpose has been granted to the federal government, the State of California, the County, the City, or any local government or other public agency.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex triplex, or fourplex unit, which may share a Parcel with another duplex, triplex or fourplex Unit(s)), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures that meet the statutory definition of a condominium project contained in Civil Code Section 4125, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit, according to Assessor’s Data or as otherwise known by the CFD Administrator.
“Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement. “Tax Escalation Factor” means a factor equal to the annual change in the April-toApril Riverside-San Bernardino-Ontario CPI-U Index up to a maximum factor of 5% that will be applied annually after Fiscal Year 2020/21 to increase the Maximum Special Tax rates shown in Section III.
“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this Rate and Method of Apportionment. All of the Taxable Property within CFD 2020-1 at the time of its formation is within Tax Zone No. 1.

Additional Tax Zones may be created when property is annexed to CFD 2020-1, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone

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when such Parcels are annexed to CFD 2020-1 shall be identified by Assessor’s Parcel number in the annexation documents at the time of annexation. “Taxable Property” means all Parcels within the boundary of CFD 2020-1 that are not Exempt Property, or exempt from the Special Tax pursuant to the Act or Section V below.
“Undeveloped Property” means all Parcels of Taxable Property that are not Developed Property.
“Unit” means any individual single family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Dwelling Unit that shares a Parcel with a Unit of Single Family Detached Property, Single Family Attached Property shall not be considered a separate Unit for purposes of calculating the Special Tax.
“Welfare Exempt Property” means all Parcels within the boundaries of CFD 2020-1 that have been granted a welfare exemption pursuant to Section 53340 (c) under the Act under subdivision (g) of Section 214 of the Revenue and Taxation Code by the County.

II. DETERMINATION OF TAXABLE PARCELS
On or about July 1 of each Fiscal Year, the CFD Administrator shall determine the valid Assessor’s Parcel Numbers for all Taxable Property within CFD 2020-1. If any Assessor’s Parcel Numbers are no longer valid from the previous Fiscal Year, the CFD Administrator shall determine the new Assessor’s Parcel Number or Numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels of Taxable Property are subdivided, consolidated or otherwise reconfigured, the Maximum Special Tax rates shall be assigned to the new Assessor’s Parcels pursuant to Section III. The CFD Administrator shall also determine: (i) the Tax Zone within which each Parcel is located; (ii) which Parcels are Developed Property and Undeveloped Property; (iii) the number of Units each Parcel contains; (iv) the property type, i.e. Single Family Detached Property, etc; and (iv) the Annual Special Tax Requirement for the Fiscal Year.

III. SPECIAL TAX - METHOD OF APPORTIONMENT
All Taxable Property shall be subject to a Special Tax defined as follows.

The Special Tax shall be levied each Fiscal Year by the CFD Administrator. The Annual Special Tax Requirement shall be apportioned to each Parcel within CFD 2020-1 by the method shown below.

First. Determine the Annual Special Tax Requirement.

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Second. Levy the Special Tax on each Parcel of Developed Property, Proportionately, up to the Maximum Special Tax described in the table below to satisfy the Annual Special Tax Requirement.

Third. If additional monies are needed to satisfy the Annual Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property.

Under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property be increased by more than 10% as a consequence of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 2020-1.

TABLE 1
SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Special Tax
Rate Per
Expected
Special Tax
Revenue
Commercial Property $1,585.20 Acre $13,601.00
Undeveloped Property $1,585.20 Acre $13,601.00
*On each July 1, commencing on July 1, 2021, the
Maximum Special Tax Rate and Expected Special Tax
Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

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TABLE 2
CONTINGENT SPECIAL TAX RATES – TAX ZONE NO. 1
FISCAL YEAR 2020/21*
Property Type
Contingent
Special Tax
Rate
Per
Expected
Contingent
Special Tax
Revenue
Commercial Property $5,406.45 Acre $46,387.30
Undeveloped Property $5,406.45 Acre $46,387.30
*On each July 1, commencing on July 1, 2021, the
Maximum Special Tax Rate and Expected Contingent
Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

Maximum Special Taxes
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the greater of the Special Tax as show in Table 1 or the Backup Special Tax.

The Maximum Contingent Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the greater of the Contingent Special Tax as show in Table 2 or the Backup Contingent Special Tax.

Backup Special Taxes
The Backup Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the rate per Acre that results in the Expected Special Tax Revenue for each Tax Zone.

The Backup Contingent Special Tax for each Assessor’s Parcel of Taxable Property within each Tax Zone shall be the rate per Acre that results in the Expected Contingent Special Tax Revenue for each Tax Zone.

A different Maximum Special Tax rate may be identified in Tax Zones added to CFD 2020-1 as a result of future annexations.

In some instances, an Assessor’s Parcel of Developed Property may contain more than one type of property. The Maximum Special Taxes levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Units located on that Assessor’s Parcel.

IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.

3.A.6.a
Packet Pg. 133 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ) C-9
V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Taxes shall be levied on Public Property, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act.

Additionally, Welfare Exempt Property shall be reimbursed for Special Tax levied and paid. A property owner must provide documentation of the exemption within one calendar year after having paid the Special Taxes for which an exemption has been granted. A refund of the amount of Special Taxes paid for the Fiscal Year the exemption has been granted will be provided to the owner of Welfare Exempt Property who was granted the exemption.

VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be at the City’s discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment of Special Tax.

VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of CFD 2020-1, and may collect delinquent Special Taxes through foreclosure or other available methods.

A Special Tax shall continue to be levied and collected within CFD 2020-1, as needed to fund the Annual Special Tax Requirement, in perpetuity.

VIII. APPEAL OF SPECIAL TAX LEVY
Any property owner may file a written appeal of the Special Tax with the CFD Administrator claiming that the amount or application of the Special Tax is not correct.

The appeal must be filed not later than one calendar year after having paid the Special Taxes that are disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Taxes are in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

3.A.6.a
Packet Pg. 134 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ) C-10
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Taxes to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Taxes, but an adjustment shall be made to credit future Special Taxes.

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

3.A.6.a
Packet Pg. 135 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ) C-1

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ATTACHMENT 1

SPECIAL TAX RATES
Tax
Zone APNs
Base
Year* Rate
Expected Special
Tax Revenue
2 436-360-011, 436-360-
013,
436-360-014 & 436-360-
015
2021/22 $1,875.59/Acre $14,123.22
3 432-130-016, 432-130-
017, 432-130-018, 432-
130-020,
432-130-022 & 432-130-
024
2022/23 $358.97/Acre $12,463.58
4 439-070-020, 439-070-021
&
439-070-031
2022/23 $530.20/Acre $7,550.10
5 434-102-001 2022/23 $10,428.92/Acre $6,778.80
6 439-111-003 & 439-111-
004 2021/22 $1,641.69/Acre $3,743.06
* On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and Expected Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

CONTINGENT SPECIAL TAX RATES
Tax
Zone APNs Base Year* Rate
Expected
Contingent
Special Tax
Revenue
2 436-360-011, 436-360-
013,
436-360-014 & 436-360-
015
2021/22 $3,196.49/Acre $24,069.60
3 432-130-016, 432-130-
017, 432-130-018, 432-
2022/23 $1,206.40/Acre $41,886.20

3.A.6.a
Packet Pg. 136 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ) C-2
130-020,
432-130-022 & 432-130-
024
4 439-070-020, 439-070-021
&
439-070-031
2022/23 $1,123.42/Acre $15,997.44
5 434-102-001 2022/23 $38,265.23/Acre $24.872.40
6 439-111-003 & 439-111-
004 2021/22 $5,599.12/Acre $12,766.00
* On each July 1, commencing on July 1 of the Base Year, the Maximum Special Tax Rate and Expected Contingent Special Tax Revenue for each Tax Zone shall be increased by the Tax Escalation Factor.

3.A.6.a
Packet Pg. 137 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3913 of Intention (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ) ANNEXATION MAP NO. 5 OF

CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2020-1
ANNEXATION NO. 5 (TAX ZONE NO. 6)
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN JACINTO THIS ________ DAY OF ____________, 20____.
________________________________________

CITY CLERK

CITY OF SAN JACINTO

RIVERSIDE COUNTY, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF ANNEXATION NO. 5 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1 ANNEXATION NO. 5 (TAX ZONE NO. 6), COUNTY OF

RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO, AT A MEETING THEREOF, HELD ON THE _____ DAY OF ____________, 20____, BY ITS RESOLUTION NO. __________________.
________________________________________

CITY CLERK

CITY OF SAN JACINTO

RIVERSIDE COUNTY, CALIFORNIA
FILED THIS ________ DAY OF ____________, 20____, AT THE HOUR OF _______ O’CLOCK __M, IN BOOK ________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE ______ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. ____________________________
DEPUTY

COUNTY RECORDER

COUNTY OF RIVERSIDE, CALIFORNIA

FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.

REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED “PROPOSED BOUNDARY MAP OF CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA” FILED THE 20TH DAY OF MAY, 2020, AT THE HOUR OF 11:04 O’CLOCK A.M. IN BOOK 85 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 14 AND AS INSTRUMENT NO. 2020-0214738 IN THE OFFICE OF THE

COUNTY RECORDER FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAP AFFECTS. CERTAIN ANNEXATION PROCEEDINGS HAVE BEEN CONDUCTED WHICH HAVE ADDED OTHER TERRITORY TO THIS COMMUNITY FACILITIES DISTRICT NO IDENTIFIED IN THIS BOUNDARY MAP.

CITY OF SAN JACINTO

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
439-111-003
439-111-004

LA ENTRADA

ESPLANADE AVE

SAN JACINTO AVE SAN JACINTO AVE

ESPLANADE AVE
Sheet 1 of 1
Source: Riverside County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California VI FIPS 0406 Feet ¬«79
¬«79

RAMONA EXPY

STATE ST

WARREN RD

SANDERSON AVE

MAIN ST

COTTONWOOD AVE

ESPLANADE AVE

MOUNTAIN AVE

RAMONA EXPY

SAN JACINTO AVE

RAMONA BLVD

LAKE PARK DR

ESPLANADA AVE

C I T Y O F S A N J A C I N T O
Annexation Boundary / Tax Zone No. 6
Annexation Parcels
Parcels 0 50 100 200 Feet
O

RAMONA EXPY

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Packet Pg. 138 Attachment: CFD 2020-1 Annex. No. 5 - Boundary Map (CFD 2020-1 Annex 5 - Resolution of Intent - DWSJ) May 17, 2022
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: SJP - Long-Term RA Agreement with Santa Paula Energy Storage RECOMMENDATION:

That the City Council approve California Choice Energy Authority entering into a long-term resource adequacy agreement with Santa Paula Energy Storage, LLC on behalf of San Jacinto Power.

BACKGROUND:

On December 6, 2016, City Council adopted Ordinance No. 16-12, Establishing the San Jacinto Community Choice Aggregation (CCA) Program, San Jacinto Power (SJP). SJP began serving customers in April 2018. As a CCA, SJP is required to meet certain state-mandated obligations, including those required by the California Public Utilities Commission (CPUC).

In June 2021, the CPUC adopted Decision 21-06-035 (Mid-Term Reliability Order) or MTR.

The MTR Order seeks to ensure that there are sufficient resources available to ensure electric grid reliability and to meet the state’s greenhouse gas (GHG) emission reduction goals for the electricity sector and imposes procurement requirements on all load-serving entities (LSEs), including CCAs.

The MTR orders the procurement of 11,500 MW of new generation resources to come online in the years 2023-2026, with all the resources coming from zero-emitting sources or non-fossil fuel resources. SJP’s MTR requirement for the four-year period is 10 MW. All LSEs must contract for clean resources, such as renewable energy, stand-alone battery storage, renewable energy plus battery storage, and demand response. Contracts must be for ten years or greater from the initial project delivery to the end of the term.

To meet the requirements of the MTR Order, California Choice Energy Authority (CalChoice) joined with Desert Community Energy and Clean Energy Alliance to issue a joint Request for Proposals for MTR in January 2022. Over 100 unique offers from 22 developers were received.

Additionally, CalChoice, on behalf of SJP and its other member agencies, continues to seek out projects that meet the MTR requirements and engage in bilateral negotiations.

CalChoice and its legal and technical team have negotiated an agreement with developer esVolta for the Santa Paula Energy Storage, LLC project (Santa Paula Energy Storage). The project is for stand-alone battery storage located in Santa Paula, California, with a commercial delivery date of August 2023.

As a condition of the agreement, Santa Paula Energy Storage recognizes and accepts the secured deposit account in the name of the City of San Jacinto (City) as credit and collateral, and no

3.A.7
Packet Pg. 139
other security or credit backing will be required of the City. Santa Paula Energy Storage, upon approval by the City and CalChoice, will execute a joinder to the Intercreditor and Collateral Agency Agreement, ensuring the protection of the City’s General Fund.

The agreement does not fulfill the entire MTR requirement; therefore, staff will be returning in the upcoming months with additional contract approval requests.

Certain information contained within the agreement is market sensitive and, as such, is protected by the Cost Confidentiality Policy and has therefore been redacted.

FISCAL IMPACT:

Not to exceed $126,000 annually to begin August 2023 for a period of up to ten years and five months. The total not-to-exceed amount of the agreement is $1,312,500. There will be sufficient revenues generated to cover operating expenses, including power procurement, and to fund reserves to provide financial and rate stability to the program.

ATTACHMENTS:

CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022

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Packet Pg. 140
Proposed Execution Version

IN FRONT OF THE METER

ENERGY STORAGE RESOURCE ADEQUACY AGREEMENT

COVER SHEET
Seller: Santa Paula Energy Storage, LLC, a Delaware limited liability company Buyer: California Choice Energy Authority, a California joint powers authority, on behalf of City of San Jacinto, a California municipal corporation (d/b/a San Jacinto Power) Description of Project: Santa Paula Energy Storage
Contract Amounts:

RA Attributes: 2 MW NQC
Local RA Attributes: 2 MW
Flexible RA Attributes: 4 MW EFC, Category 3
Payment Quantity: 2 MW
Contract Price: $5,250.00/MW
Milestones:

Milestone Date
Interconnection Agreement Executed
Site Control Completed
Construction Start Completed
Commercial Operation Deadline October 15, 2023
Expected Initial Delivery Date January 1, 2024
Delivery Term: 10 Contract Years

3.A.7.a
Packet Pg. 141 Attachment: CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022 (SJP - Long-Term RA Agreement with i
Energy Storage Resource Adequacy Agreement Form

TABLE OF CONTENTS
ARTICLE 1: DEFINITIONS ..........................................................................................................1

1.1 Contract Definitions .................................................................................................1

1.2 Rules of Interpretation ...........................................................................................17 ARTICLE 2: TERM .....................................................................................................................19

2.1 Effectiveness ..........................................................................................................19

2.2 Term .......................................................................................................................19 ARTICLE 3: PROJECT DEVELOPMENT .................................................................................19

3.1 Project Construction...............................................................................................19

3.2 Interconnection ......................................................................................................20

3.3 Metering .................................................................................................................20

3.4 Progress Reports ....................................................................................................20

3.5 Remedial Action Plans ...........................................................................................20

3.6 Standalone Energy Storage Incentives ...................................................................20 ARTICLE 4: INITIAL DELIVERY DATE .................................................................................21

4.1 Timing of the Initial Delivery Date .......................................................................21

4.2 Conditions Precedent to the Initial Delivery Date .................................................21

4.3 Cooperation in Connection with Initial Delivery Date ..........................................23

4.4 Confirmation of Initial Delivery Date ....................................................................23 ARTICLE 5: TRANSACTION ....................................................................................................23

5.1 Product ...................................................................................................................23

5.2 Purchase and Sale Obligation ................................................................................24

5.3 Allocation of CAISO Payments and Costs ............................................................25 ARTICLE 6: OPERATIONS ........................................................................................................25

6.1 Operations ..............................................................................................................25

6.2 Charging Energy ....................................................................................................25

6.3 Standard of Care ....................................................................................................25

6.4 Buyer’s Compliance Obligations; Certification of Product ...................................25

6.5 Scheduling..............................................................................................................26

6.6 Information Sharing and Shared Learning .............................................................26

6.7 Changes in Law......................................................................................................27 ARTICLE 7: EVENTS OF DEFAULT; REMEDIES ..................................................................28

7.1 Events of Default ...................................................................................................28

7.2 Remedies; Declaration of Early Termination Date ................................................30

7.3 Termination Payment .............................................................................................30

7.4 Notice of Payment of Termination Payment .........................................................31

7.5 Disputes with Respect to Termination Payment ....................................................31

7.6 Rights and Remedies Are Cumulative ...................................................................31

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Packet Pg. 142 Attachment: CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022 (SJP - Long-Term RA Agreement with ii
Energy Storage Resource Adequacy Agreement Form
ARTICLE 8: FORCE MAJEURE ................................................................................................31

8.1 Force Majeure ........................................................................................................31 ARTICLE 9: INVOICING AND PAYMENT .............................................................................32

9.1 Invoicing ................................................................................................................32

9.2 Payment..................................................................................................................33

9.3 Payment Adjustments; Billing Errors ....................................................................33

9.4 Billing Disputes .....................................................................................................33

9.5 Netting of Payments ...............................................................................................33 ARTICLE 10: PERFORMANCE ASSURANCE ........................................................................34

10.1 Seller’s Development Security ..............................................................................34

10.2 Seller’s Delivery Term Security ............................................................................34

10.3 First Priority Security Interest in Cash or Cash Equivalent Collateral ..................34

10.4 Seller Financial Information ..................................................................................35

10.5 Buyer Credit Support .............................................................................................35 ARTICLE 11: SAFETY ...............................................................................................................37

11.1 Safety .....................................................................................................................37

11.2 Reporting Serious Incidents ...................................................................................38

11.3 Remediation ...........................................................................................................38 ARTICLE 12: TAXES ..................................................................................................................38

12.1 Taxes ......................................................................................................................38

12.2 Cooperation ............................................................................................................38 ARTICLE 13: LIMITATIONS .....................................................................................................38

13.1 No Consequential Damages ...................................................................................38

13.2 Waiver and Exclusion of Other Damages ..............................................................39 ARTICLE 14: REPRESENTATIONS; WARRANTIES; COVENANTS ...................................40

14.1 Seller’s Representations and Warranties ...............................................................40

14.2 Buyer’s Representations and Warranties ...............................................................41

14.3 General Covenants .................................................................................................42

14.4 Covenants of Seller ................................................................................................42 ARTICLE 15: INDEMNITIES .....................................................................................................43

15.1 Indemnity by Seller ................................................................................................43

15.2 Notice of Claim ......................................................................................................43

15.3 Defense of Claims ..................................................................................................43

15.4 Subrogation of Rights ............................................................................................44

15.5 Rights and Remedies are Cumulative ....................................................................44 ARTICLE 16: INSURANCE ........................................................................................................44

16.1 Insurance ................................................................................................................44

16.2 Evidence of Insurance ............................................................................................46

16.3 Failure to Comply ..................................................................................................46

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Packet Pg. 143 Attachment: CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022 (SJP - Long-Term RA Agreement with iii
Energy Storage Resource Adequacy Agreement Form
ARTICLE 17: RECORDS AND AUDIT RIGHTS......................................................................46

17.1 Operations Logs .....................................................................................................46

17.2 Records and Audit..................................................................................................46

17.3 General Audit Right ...............................................................................................46

17.4 State Auditor ..........................................................................................................46

17.5 Data Request Cooperation .....................................................................................46

17.6 Access Rights .........................................................................................................47 ARTICLE 18: ASSIGNMENT .....................................................................................................47

18.1 General Prohibition on Assignments .....................................................................47

18.2 Collateral Assignment ............................................................................................47

18.3 Permitted Assignment by Seller.............................................................................47

18.4 Permitted Assignment by Buyer ............................................................................47

18.5 Unauthorized Assignment; Costs ...........................................................................48 ARTICLE 19: DISPUTE RESOLUTION ....................................................................................48

19.1 Governing Law ......................................................................................................48

19.2 Dispute Resolution .................................................................................................48 ARTICLE 20: CONFIDENTIAL INFORMATION ....................................................................49

20.1 Confidential Information .......................................................................................49

20.2 Permitted Disclosures ............................................................................................49

20.3 Remedies ................................................................................................................49 ARTICLE 21: GENERAL PROVISIONS ...................................................................................50

21.1 Entire Agreement; Integration; Exhibits ................................................................50

21.2 Amendments ..........................................................................................................50

21.3 Survival ..................................................................................................................50

21.4 Waivers ..................................................................................................................50

21.5 No Agency, Partnership, Joint Venture or Lease ...................................................50

21.6 Severability ............................................................................................................50

21.7 Mobile Sierra .........................................................................................................51

21.8 Counterparts ...........................................................................................................51

21.9 Electronic Delivery ................................................................................................51

21.10 No Recourse to Members of Buyer .......................................................................51

21.11 Lockbox Account ...................................................................................................51

21.12 Forward Contract ...................................................................................................51

21.13 Further Assurances.................................................................................................52 ARTICLE 22: NOTICES ..............................................................................................................52

22.1 Addresses for the Delivery of Notices ...................................................................52

22.2 Time of Delivery ....................................................................................................52

3.A.7.a
Packet Pg. 144 Attachment: CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022 (SJP - Long-Term RA Agreement with iv
Energy Storage Resource Adequacy Agreement Form

APPENDICES
Appendix I – Description of Project & Units ..............................................................................I-1 Appendix II –Operational Characteristics ...................................................................................II-1 Appendix III – Progress Reporting Form .................................................................................. III-1 Appendix IV – Certification for Commercial Operation...........................................................IV-1 Appendix V-A – Form of Letter of Credit..............................................................................V-A-1 Appendix V-B – Form of Guaranty........................................................................................ V-B-1 Appendix VI – Project Safety Plan and Documentation ...........................................................VI-1 Appendix VII – MUA Decision Attestation .............................................................................VII-1 Appendix VIII – Notices......................................................................................................... VIII-1 Appendix IX – Approved Contractors.......................................................................................IX-1 Appendix X – Not Used.............................................................................................................. X-1 Appendix XI – Not Used ...........................................................................................................XI-1 Appendix XII – Workforce Development and Community Investment Obligations...............XII-1

3.A.7.a
Packet Pg. 145 Attachment: CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022 (SJP - Long-Term RA Agreement with 1 Energy Storage Resource Adequacy Agreement Form

ENERGY STORAGE RESOURCE ADEQUACY AGREEMENT
This Energy Storage Resource Adequacy Agreement (“Agreement”) is made by and between the buyer (“Buyer”) and the seller (“Seller”) as of May 24, 2022 (“Effective Date”), in each case as set forth on the cover sheet (“Cover Sheet”) to this Agreement. Seller and Buyer are referred to each individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, Seller intends to develop, design, permit, construct, own, and operate the Project; and
WHEREAS, Seller desires to sell, and Buyer desires to purchase, on the terms and conditions set forth in this Agreement, the Product;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, the Parties agree to the following:

ARTICLE 1: DEFINITIONS

1.1 Contract Definitions. Capitalized terms used in this Agreement have the following meanings, unless otherwise specified:
“Affiliate” of a Person means any other Person that (a) directly or indirectly controls the specified Person; (b) is controlled by or is under direct or indirect common control with the specified Person; or (c) is an officer, director, employee, representative or agent of the Person. For the purposes of this definition, “control”, when used with respect to any specified Person, means the power to direct the management or policies of the specified Person, directly or indirectly, through one or more intermediaries.
“Agreement” has the meaning set forth in the preamble.
“Ancillary Services” has the meaning set forth in the CAISO Tariff. “Availability Incentive Payments” has the meaning set forth in the CAISO Tariff. “Availability Standards” has the meaning set forth in the CAISO Tariff. “Balancing Authority” has the meaning set forth in the CAISO Tariff. “Bankrupt” means with respect to any entity, such entity that (a) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization or similar Law, (b) has any such petition filed or commenced against it which remains unstayed or undismissed for a period of ninety (90) days, (c) makes an assignment or any general arrangement for the benefit of creditors, (d) otherwise becomes bankrupt or insolvent (however evidenced), (e) has a liquidator, administrator,

3.A.7.a
Packet Pg. 146 Attachment: CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022 (SJP - Long-Term RA Agreement with 2 Energy Storage Resource Adequacy Agreement Form
receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets, or (f) is generally unable to pay its debts as they fall due. “Bid” has the meaning set forth in the CAISO Tariff.
“Business Day” means any day except a Saturday, Sunday, or a Federal Reserve Bank holiday in California.
“Buyer” has the meaning set forth in the preamble to this Agreement. “Buyer Group” has the meaning set forth in Section 15.1(a). “Buyer’s Event of Default” means a Party’s Event of Default where Buyer is the Defaulting Party.
“CAISO” means the California Independent System Operator Corporation or any successor entity performing similar functions.
“CAISO Grid” means the system of transmission lines and associated facilities of the Participating Transmission Owners that have been placed under the CAISO’s operational control. “CAISO Markets” has the meaning set forth in the CAISO Tariff. “CAISO Tariff” means the CAISO Fifth Replacement FERC Electric Tariff and protocol provisions, including any CAISO-published procedures or business practice manuals, as they may be amended, supplemented or replaced (in whole or in part) from time to time. “California State Auditor” means the auditor that may audit Seller in accordance with Section 17.4.
“Capacity Adjustment Date” has the meaning set forth in Section 6.7(a). “Capacity Attributes” means, any and all of the following attributes of the Project that may be counted toward Compliance Obligations:
(a) RA Attributes,
(b) Local RA Attributes,
(c) Flexible RA Attributes, and
(d) Other Capacity Attributes.
“CARB” means the California Air Resources Board or any successor entity performing similar functions.
“CEC” means the California Energy Commission or any successor entity performing similar functions.

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Packet Pg. 147 Attachment: CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022 (SJP - Long-Term RA Agreement with 3 Energy Storage Resource Adequacy Agreement Form
“CEQA” means the California Environmental Quality Act of 1970. “Change Notice” has the meaning set forth in Section 6.7(a). “Change of Control” means any circumstance in which esVolta, LP ceases to own, directly or indirectly through one or more intermediate entities, more than fifty percent (50%) of the outstanding equity interests in Seller; provided that in calculating ownership percentages for all purposes of the foregoing clause:
(a) any ownership interest in Seller held by esVolta, LP indirectly through one or more intermediate entities shall not be counted towards esVolta, LP’s ownership interest in Seller unless esVolta, LP directly or indirectly owns more than fifty percent (50%) of the outstanding equity interests in each such intermediate entity; and (b) ownership interests in Seller owned directly or indirectly by any Lender (including any tax equity provider) shall be excluded from the total outstanding equity interests in Seller.
“Charging Energy” means the amount of Energy withdrawn from the Utility Distribution Company’s electrical system, Participating Transmission Owner’s electrical system, the CAISO Grid, or otherwise, to be stored by the Project.
“Claims” has the meaning set forth in Section 15.1(a).
“Collateral Agent” has the meaning set forth in the Security Agreement. “Collateral Assignment Agreement” has the meaning set forth in Section 18.2(b). “Commercial Operation Date” means the date stated in Seller’s Notice, substantially in the form of Appendix IV, upon which the Project became Commercially Operable. “Commercial Operation Deadline” means the date that is seventy-five (75) days before the Expected Initial Delivery Date, as set forth on the Cover Sheet. “Commercial Operation Milestone” means the Project becoming Commercially Operable on or before the Commercial Operation Deadline. “Commercially Operable” with respect to the Project, is a condition occurring after such time as Mechanical Completion has occurred, commissioning is complete, the Project has been released by the EPC Contractor to Seller for commercial operations, and permission to operate has been formally obtained from the applicable transmission or distribution utility. “Compliance Actions” means actions to comply with Seller’s obligations under the Agreement with respect to obtaining, maintaining, conveying or effectuating Buyer’s use of all of the Capacity Attributes and Resource Adequacy associated with the Project in order for Buyer to meet its Compliance Obligations at levels equal to the Contract Amount, which may include making physical modification to the design of the Project.

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“Compliance Obligations” means the RAR, Local RAR, Flexible RAR, and any other resource adequacy or capacity procurement requirements imposed on Load Serving Entities (as defined in the CAISO Tariff) by the CPUC pursuant to the CPUC Decisions, by the CAISO, by the WECC, or by any other Governmental Authority having jurisdiction. “Compliance Showings” means the total combination of (a) through (d) below that a Load Serving Entity (as defined in the CAISO Tariff) is required to make to the CPUC pursuant to the CPUC Decisions, or to any Governmental Authority having jurisdiction: (a) Local RAR compliance or advisory showings (or similar or successor showings), (b) RAR compliance or advisory showings (or similar or successor showings), (c) Flexible RAR compliance or advisory showings (or similar or successor showings), and (d) other Capacity Attributes compliance or advisory showings (or similar or successor showings).
“Conditions Precedent” has the meaning set forth in Section 4.2. “Confidential Information” has the meaning set forth in Section 20.1. “Confirmation Notice” has the meaning set forth in Section 6.7(a). “Contract Amounts” has the meaning set forth in Section 5.2(a). “Contract Price” means the amount specified in Section 5.2(d). “Contract Year” means a period of twelve (12) consecutive months; the first Contract Year shall commence on the Initial Delivery Date; and each subsequent Contract Year shall commence on the anniversary of the Initial Delivery Date. The final Contract Year may be a period of less than twelve (12) consecutive months.
“Contractor” means the EPC Contractor and its subcontractors, as well as Seller or Seller’s Affiliates if any such entities are developing, constructing, operating or maintaining the Project during the Term, and any Person under contract with Seller or Seller’s Affiliates for the purpose of developing, constructing, operating or maintaining the Project during the Term. “Costs” means, with respect to the Non-Defaulting Party, brokerage fees, commissions and other similar third party transaction costs and expenses reasonably incurred by such Party either in terminating any arrangement pursuant to which it has hedged its obligations or entering into new arrangements that replace this Agreement; and all reasonable attorneys’ fees and expenses incurred by the Non-Defaulting Party in connection with the termination of this Agreement. “Cover Sheet” has the meaning set forth in the preamble to this Agreement. “CPM” means “Capacity Procurement Mechanism” and has the meaning set forth in the CAISO Tariff and is inclusive of any successor mechanisms authorized by CAISO. “CPM Capacity” has the meaning set forth in the CAISO Tariff. “CPUC” or “Commission” means the California Public Utilities Commission or any successor entity performing similar functions.

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“CPUC Decisions” means CPUC Decisions 04-01-050, 04-10-035, 05-10-042, 06-04-040, 06-06-064, 06-07-031, 07-06-029, 08-06-031, 09-06-028, 10-06-036, 11-06-022, 12-06-025, 13- 06-024, 14-06-050, and any other existing or subsequent decisions, resolutions or rulings related to resource adequacy, as may be amended from time to time by the CPUC. “CPUC General Order No. 167” issued by the CPUC directs the implementation and enforcement of standards for the maintenance and operation of electric generating facilities and power plants and can be found at the link below:
http://docs.cpuc.ca.gov/PUBLISHED/GENERAL_ORDER/108114.htm “Credit Rating” means, with respect to any entity, the rating then assigned to such entity’s unsecured, senior long-term debt obligations (not supported by third party credit enhancements) or if such entity does not have a rating for its senior unsecured long-term debt, then the rating then assigned to such entity as an issuer rating by S&P or Moody’s. If ratings by S&P and Moody’s are not equivalent, the lower rating shall apply.
“Damage Payment” means the dollar amount equal to the total amount required to be posted by Seller as Development Security pursuant to Section 10.1. “Defaulting Party” means the Party that is subject to an Event of Default. “Delay Notice” has the meaning set forth in Section 4.1(c)(i). “Delivered Quantities” has the meaning set forth in Section 5.2(c). “Delivery Term” has the meaning set forth in Section 2.2(b). “Delivery Term Security” means (i) cash in an amount equal to forty dollars ($40.00) per kilowatt of the Payment Quantity, (ii) Guaranty in an amount equal to forty dollars ($40.00) per kilowatt of the Payment Quantity, or (iii) a Letter of Credit in an amount equal to forty dollars ($40.00) per kilowatt of the Payment Quantity.
“Development Security” means (i) cash or (ii) a Letter of Credit in an amount equal to forty dollars ($40.00) per kilowatt of the Payment Quantity. “Disclosing Party” has the meaning set forth in Section 20.2. “Disclosure Order” has the meaning set forth in Section 20.2(a). “Disclosure Request” has the meaning set forth in Section 20.2(b). “Early Termination Date” has the meaning set forth in Section 7.2(a). “EFC” or “Effective Flexible Capacity” has the meaning given to “Effective Flexible Capacity” in the CAISO Tariff.
“Effective Date” has the meaning set forth in the preamble.

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“Electric System Upgrades” means any upgrades, including, Network Upgrades, Distribution Upgrades, or Interconnection Facilities (as these terms are defined in the CAISO Tariff), that are determined to be necessary by the CAISO, Participating TO, or Utility Distribution Company as applicable, to physically and electrically interconnect the Project to the Utility Distribution Company’s/Participating TO’s electric system for delivery of Energy from the Project such that the Project can provide Product at all times during the Delivery Term. “Energy” means three-phase, 60-cycle alternating current electric energy, measured in MWhs.
“Environmental Costs” means costs incurred in connection with acquiring and maintaining all environmental permits and licenses for the Product, and the Product’s and Project’s compliance with all applicable environmental Laws, rules and regulations, including capital costs for pollution mitigation or installation of emissions control equipment required to permit or license the Product or Project, all operating and maintenance costs for operation of pollution mitigation or control equipment, costs of permit maintenance fees and emission fees as applicable, and the costs of all emission reduction credits, marketable emission trading credits, and any costs related to greenhouse gas emissions, required by any applicable environmental Laws, rules, regulations, and permits to operate, and costs associated with the disposal and clean-up of hazardous substances introduced to a Site or the Project.
“EPC Contract” means the Seller’s engineering, procurement and construction contract with the EPC Contractor.
“EPC Contractor” means Seller’s engineering, procurement and construction contractor or such Person performing those functions.
“Event of Default” means a Seller’s Event of Default, Buyer’s Event of Default or a Party’s Event of Default.
“Exigent Circumstance” means actual or imminent harm to life or safety, public health, third-party owned property, including a Site, or the environment due to or arising from the Project or portion thereof.
“Expected Initial Delivery Date” means the expected initial delivery date set forth on the Cover Sheet.
“FERC” means the Federal Energy Regulatory Commission or any successor entity performing similar functions.
“Flexible RA Attributes” means any and all flexible resource adequacy attributes, as may be identified at any time during the Delivery Term by the CPUC, CAISO or other Governmental Authority having jurisdiction that can be counted toward Flexible RAR, exclusive of any RA Attributes, Local RA Attributes, or Other Capacity Attributes. “Flexible RAR” means the flexible resource adequacy requirements established for Load Serving Entities (as defined in the CAISO Tariff) by the CPUC pursuant to the CPUC Decisions, or by any other Governmental Authority having jurisdiction.

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“Force Majeure” means any event or circumstance which wholly or partly prevents or delays the performance of any material obligation arising under this Agreement, but only if and to the extent (x) such event is not within the reasonable control, directly or indirectly, of the Party seeking to have its performance obligation excused thereby, (y) the Party seeking to have its performance obligation excused thereby has taken all reasonable precautions and measures in order to prevent or avoid such event or mitigate the effect of such event on such Party’s ability to perform its obligations under this Agreement and which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by the exercise of due diligence it has been unable to overcome, and (z) such event is not the direct or indirect result of the negligence or the failure of, or caused by, the Party seeking to have its performance obligations excused thereby. Additionally:
(a) Force Majeure may include:
(i) acts of God, including landslide, lightning, earthquake, storm, hurricane, flood, drought, tornado, or other natural disasters and weather related events affecting an entire region which caused failure of performance;
(ii) interruptions to supply or transportation delays or accidents affecting delivery of equipment caused by an event that would otherwise satisfy the definition of a Force Majeure event as defined above;
(iii) sabotage, riot, acts of terrorism, war and acts of public enemy, epidemics, pandemics and quarantines; or
(v) restraint by court order or other Governmental Authority. (b) Force Majeure does not include:
(i) a failure of performance of any third party, including Participating TO, Utility Distribution Company, or any other party providing electric interconnection, distribution or transmission service (except to the extent that such failure was caused by an event that would otherwise satisfy the definition of a Force Majeure event as defined above); (ii) breakage or malfunction of equipment (except to the extent that such failure was caused by an event that would otherwise satisfy the definition of a Force Majeure event as defined above);
(iii) a strike, work stoppage or labor dispute limited only to any one or more of Seller, Seller’s Affiliates, the EPC Contractor or subcontractors thereof or any other third party employed by Seller to work on the Project;
(iv) Seller’s ability to sell the Product at a price greater than the price set forth in this Agreement or Buyer’s ability to purchase the Product at a price lower than the price set forth in this Agreement;

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(v) Seller’s inability to obtain permits or approvals of any type for the operation or maintenance of the Project, unless caused solely by an event of Force Majeure of the specific type described in any of subsections (a)(i) through (a)(iv) above; (vi) Seller’s inability to complete interconnection by the Expected Initial Delivery Date, unless such delay is caused solely by an event of Force Majeure of the specific type described in any of subsections (a)(i) through (a)(iv) above; (vii) Seller’s inability to obtain sufficient Charging Energy, fuel, power or materials to operate the Project, except if Seller’s inability to obtain sufficient Charging Energy, fuel, power or materials is caused solely by an event of Force Majeure of the specific type described in any of subsections (a)(i) through (a)(iv) above; or (viii) Seller’s failure to obtain additional funds, including funds authorized by a state or the federal government or agencies thereof, to supplement the payments made by Buyer pursuant to this Agreement.
“Force Majeure Failure” has the meaning set forth in Section 8.1(d). “Gains” means, with respect to any Party, an amount equal to the present value of the economic benefit to it, if any (exclusive of Costs), resulting from the termination of this Agreement. Factors used in determining the economic benefit to a Party may include, without limitation, reference to information supplied by one or more third parties, which shall exclude Affiliates of the Non-Defaulting Party, including without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, comparable transactions, forward price curves based on economic analysis of the relevant markets, settlement prices for comparable transactions at liquid trading hubs, all of which should be calculated for the remaining Delivery Term to determine the value of the Product.
“Generally Accepted Accounting Principles” means the standards for accounting and preparation of financial statements established by the Federal Accounting Standards Advisory Board (or its successor agency) or any successor standards adopted pursuant to relevant SEC rule. “Governmental Approval” means all authorizations, consents, approvals, waivers, exceptions, variances, filings, permits, orders, licenses, exemptions, notices to and declarations of or with any Governmental Authority and shall include those siting and operating permits and licenses, and any of the foregoing under any applicable environmental Law, that are required for the development, use and operation of the Project, including any approvals required under the CEQA.
“Governmental Authority” means any federal, state, provincial, local or municipal government, any political subdivision thereof or any other governmental, congressional or parliamentary, regulatory, or judicial instrumentality, authority, body, agency, department, bureau, or entity with authority to bind a Party at law, including CAISO; provided, however, that “Governmental Authority” shall not in any event include any Party.

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“Guarantor” means a Person having a Credit Rating of at least A- with an outlook designation of “stable” from S&P or A3 with an outlook designation of “stable” from Moody’s. “Guaranty” means a guaranty issued by a Guarantor in the form and substance set forth in Appendix V-B or as otherwise deemed acceptable by Buyer. “Hazardous Substance” means, collectively, (a) any chemical, material or substance that is listed or regulated under applicable Laws as a “hazardous” or “toxic” substance or waste, or as a “contaminant” or “pollutant” or words of similar import, (b) any petroleum or petroleum products, flammable materials, explosives, radioactive materials, asbestos, urea formaldehyde foam insulation, and transformers or other equipment that contain polychlorinated biphenyls, and (c) any other chemical or other material or substance, exposure to which is prohibited, limited or regulated by any Laws.
“IDD Cure Period” has the meaning set forth in Section 4.1(c)(i). “IDD Delay Damages” means liquidated damages in an amount equal to (a) the total Development Security amount required hereunder, divided by (b) one hundred eighty (180). “Indemnifiable Loss(es)” has the meaning set forth in Section 15.1(a). “Initial Delivery Date” has the meaning set forth in Section 2.2(b). “Interconnection Agreement” means the agreement(s) and associated documents (or any successor agreement and associated documentation approved by FERC or the CPUC) by and among Seller and, as applicable, the Utility Distribution Company, the Participating Transmission Owner, and the CAISO, governing the terms and conditions of the interconnection of the Project with the Utility Distribution Company’s or CAISO’s grid, including any description of the plan for interconnecting the Project to the applicable grid. “Intercreditor and Collateral Agency Agreement” means that certain Intercreditor and Collateral Agency Agreement, dated as of January 22, 2018, by and among River City Bank, as Collateral Agent, the Secured Creditors from time to time party thereto, and Member. “Interest Rate” has the meaning set forth in Section 9.2. “Joinder” has the meaning set forth in the Intercreditor and Collateral Agency Agreement. “Joint Powers Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.).
“Joint Powers Agreement” means that certain Joint Powers Agreement dated August 12, 2012, as amended, under which Buyer is organized as a Joint Powers Authority in accordance with the Joint Powers Act.
“Law” means any statute, law, treaty, rule, regulation, ordinance, code, Permit, enactment, injunction, order, writ, decision, authorization, judgment, decree or other legal or regulatory determination or restriction by a court or Governmental Authority of competent jurisdiction,

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including any of the foregoing that are enacted, amended, or issued after the Effective Date, and which become effective during the Term; or any binding interpretation of the foregoing. “Lender” means, collectively, any Person (i) providing senior or subordinated construction, interim, back leverage or long-term debt, equity or tax equity financing or refinancing for or in connection with the development, construction, purchase, installation or operation of the Project, whether that financing or refinancing takes the form of private debt (including back-leverage debt), equity (including tax equity), public debt or any other form (including financing or refinancing provided to a member or other direct or indirect owner of Seller), including any equity or tax equity investor directly or indirectly providing financing or refinancing for the Project or purchasing equity ownership interests of Seller or its Affiliates for purposes of providing financing or refinancing for the Project, and any trustee or agent or similar representative acting on their behalf, (ii) providing interest rate or commodity protection under an agreement hedging or otherwise mitigating the cost of any of the foregoing obligations or (iii) participating in a lease financing (including a sale leaseback or leveraged leasing structure) with respect to the Project.
“Letter of Credit” means one or more irrevocable, standby letters of credit issued by a U.S. commercial bank or a foreign bank with a U.S. branch with such bank having a Credit Rating of at least A- with an outlook designation of “stable” from S&P or A3 with an outlook designation of “stable” from Moody’s, in a form substantially similar to the letter of credit set forth in Appendix V-A.
“LIBOR” means the London Interbank Offered Rate for the corresponding deposits of U.S. dollars.
“Licensed Professional Engineer” means a person acceptable to Buyer in its reasonable judgment who (a) is licensed to practice engineering in California in accordance with applicable Law including Cal. Bus. & Prof. Code §§ 6700 et seq., (b) has training and experience in the power industry specific to the technology of the Project, (c) has no economic or familial relationship, association, or nexus with Seller or Buyer, other than to meet the obligations of Seller pursuant to this Agreement, (d) is not a representative of a consultant, engineer, contractor, designer or other individual involved in the development of the Project or of a manufacturer or supplier of any equipment installed at the Project, and (e) is licensed in an appropriate engineering discipline for the required certification being made.
“Local Capacity Area” has the meaning set forth in the CAISO Tariff. “Local RA Attributes” means any and all resource adequacy attributes or other locational attributes related to a Local Capacity Area, as may be identified at any time during the Delivery Term by the CPUC, CAISO or other Governmental Authority having jurisdiction, associated with a physical location or point of electrical interconnection within the CAISO’s Balancing Authority, that can be counted toward a Local RAR.
“Local RAR” means the local resource adequacy requirements established for Load Serving Entities (as defined in the CAISO Tariff) by the CPUC pursuant to CPUC Decisions, or by any other Governmental Authority having jurisdiction. Local RAR may also be known as local

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area reliability, local resource adequacy, local resource adequacy procurement requirements, or local capacity requirement in other regulatory proceedings or legislative actions. “Lockbox Account” has the meaning set forth in the Security Agreement. “Lockbox Account Control Agreement” has the meaning set forth in the Security Agreement.
“Lockbox Arrangement Documents” means, collectively, the Intercreditor and Collateral Agency Agreement, the Security Agreement, and the Lockbox Account Control Agreement. “Losses” means, with respect to any Party, an amount equal to the present value of the economic loss to it, if any (exclusive of Costs), resulting from termination of this Agreement.

Factors used in determining economic loss to a Party may include, without limitation, reference to information supplied by one or more third parties, which shall exclude Affiliates of the NonDefaulting Party, including without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets, comparable transactions, forward price curves based on economic analysis of the relevant markets, settlement prices for comparable transactions at liquid trading hubs, all of which should be calculated for the remaining Delivery Term to determine the value of the Product. If the NonDefaulting Party is the Seller, then “Losses” shall exclude any loss of federal or state tax credits, grants, or benefits related to the Project or generation therefrom or any costs or fees related to the Site or Project.
“Mechanical Completion” means that (a) all components and systems of the Project have been properly constructed, installed and functionally tested according to EPC Contract requirements in a safe and prudent manner that does not void any equipment or system warranties or violate any permits, approvals or Laws; (b) the Project is ready for testing and commissioning, as applicable; and (c) Seller has provided written acceptance to the EPC Contractor of mechanical completion as that term is specifically defined in the EPC Contract. “Member” means City of San Jacinto.
“Member Lockbox Arrangement” has the meaning set forth in Section 10.5(a). “Member Performance Security” means (a) cash deposited in an escrow agreement on terms and conditions satisfactory to Seller or (b) Letter of Credit, in either case in an amount reasonably agreed to by the Parties.
“Monthly Payment” or “MP” has the meaning set forth in Section 5.2(d). “Moody’s” means Moody’s Investors Service, Inc., or its successor. “MUA Decision” has the meaning set forth in Section 4.2(m). “Must Offer Obligations” means Seller’s obligation to Bid or cause Seller’s SC to Bid the Project into the CAISO Markets due to delivery of the Product to Buyer and in accordance with the CAISO Tariff.

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“MW” means megawatts in alternating current, unless expressly stated in terms of direct current.
“NERC” means the North American Electric Reliability Corporation or any successor entity performing similar functions.
“Non-Availability Charges” has the meaning set forth in the CAISO Tariff. “Non-Defaulting Party” has the meaning set forth in Section 7.2. “Non-Spinning Reserve” has the meaning set forth in the CAISO Tariff. “Notice” unless otherwise specified in this Agreement, means written communications by a Party to be delivered by hand delivery, United States mail, overnight courier service, or electronic messaging (e-mail).
“Notice of Claim” has the meaning set forth in Section 15.2(a). “Notify” means to provide a Notice.
“NQC” or “Net Qualifying Capacity” has the meaning given to “Net Qualifying Capacity” in the CAISO Tariff.
“Operational Characteristics” means the operational characteristics set forth in Appendix II.
“Other Capacity Attributes” means, exclusive of RA Attributes, Local RA Attributes, and Flexible RA Attributes, any (a) current or future capacity characteristics or attributes, including the ability to generate or charge at given capacity levels, the ability to ramp up or down at a given rate, flexibility or dispatchability attributes, and locational attributes, as may be identified at any time during the Delivery Term by any applicable Law, or voluntary or mandatory program of any Governmental Authority or other Person, (b) certificate, tag, or credit, intended to commoditize or otherwise attribute value resulting from or associated with the characteristics set forth in subsection (a) of this definition, and (c) any accounting construct so that the characteristics or values set forth in subsections (a) or (b) hereof may be counted toward any Compliance Obligations.
“Participating Transmission Owner” or “Participating TO” means an entity that (a) owns, operates and maintains transmission lines and associated facilities or has entitlements to use certain transmission lines and associated facilities and (b) has transferred to the CAISO operational control of such facilities or entitlements to be made part of the CAISO Grid. “Party” or “Parties” has the meaning set forth in the preamble of this Agreement. “Party’s Event of Default” has the meaning set forth in Section 7.1(b). “Payment Quantity” has the meaning set forth in Section 5.2(d).

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“Performance Assurance” means collateral provided by Seller to Buyer to secure Seller’s obligations under this Agreement and includes Development Security and Delivery Term Security. “Permit” means any waiver, exemption, variance, franchise, permit, authorization, consent, ruling, certification, license or similar order of or from, or filing or registration with, or notice to, any Governmental Authority that authorizes, approves, limits or imposes conditions upon a specified activity.
“Person” means any individual, sole proprietorship, corporation, limited liability company, limited or general partnership, joint venture, association, joint-stock company, trust, incorporated organization, institution, public benefit corporation, unincorporated organization, government entity or other entity.
“Pricing Node” or “PNode” has the meaning set forth in the CAISO Tariff. “Product” has the meaning set forth in Section 5.1(a).
“Progress Report” means a reasonably detailed progress report including the items set forth in Appendix III.
“Project” means the energy storage facility described in Appendix I, as such may be revised from time to time in accordance with this Agreement. “Project Safety Plan” means Seller’s written plan that includes the Safeguards and plans to comply with the Safety Requirements, as such Safeguards and Safety Requirements are generally outlined in Appendix VI.
“Prudent Operating Practice” means those practices, methods, codes and acts engaged in or approved by a significant portion of the electric power industry and applicable to energy storage facilities during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time a decision is made, that could have been expected to accomplish a desired result at reasonable cost consistent with good business practices, reliability, safety and expedition. Prudent Operating Practices are not intended to be limited to the optimum practices, methods, or acts to the exclusion of others, but rather to those practices, methods and acts generally accepted or approved by a significant portion of the electric power industry in the relevant region, during the relevant time period, as described in the immediately preceding sentence. Prudent Operating Practices also includes taking reasonable steps to ensure that:
(a) Safeguards are implemented and maintained for the Project and at each Site and are sufficient to address reasonably foreseeable incidents; (b) equipment, material, and supplies are sufficient and accessible to operate the Project safety and reliably;
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System Emergencies, emergencies, or Exigent Circumstances originating from or impacting the Project or Site;
(d) the Project’s material components and control systems are designed, manufactured, and configured to meet the standard of durability and safety generally used for electric power or energy storage facilities operating in the relevant region; and (e) the Project is appropriately designed, operated, maintained, monitored, and tested to ensure it continues to function safely, reliably, and consistent with the intended design specifications, applicable Laws, and Permits, and over the complete range of environmental conditions reasonably expected to occur at each Site.
“RA Attributes” means, any and all resource adequacy attributes, exclusive of any Local RA Attributes, Flexible RA Attributes and Other Capacity Attributes, as may be identified at any time during the Delivery Term by the CPUC, CAISO or other Governmental Authority having jurisdiction, that can be counted toward RAR and Local RAR. “Receiving Party” has the meaning set forth in Section 20.2(b). “Regulation Down” has the meaning set forth in the CAISO Tariff. “Regulation Up” has the meaning set forth in the CAISO Tariff. “Reliability Organization” means an “Electric Reliability Organization” as defined in Section 215(a)(2) of the Federal Power Act or a “regional entity” as defined in Section 215(a)(7) of the Federal Power Act.
“Remedial Action Plan” has the meaning set forth in Section 3.5. “Remediation Event” means the occurrence of any of the following with respect to the Project or a Site: (a) an Exigent Circumstance; (b) a Serious Incident; (c) a change in the nature, scope, or requirements of applicable Laws, Permits, codes, standards, or regulations issued by Governmental Authorities which requires modifications to the Safeguards; (d) a material change to the manufacturer’s guidelines that requires modification to equipment or the Project’s operating procedures; (e) a failure or compromise of an existing Safeguard; (f) Notice by Buyer pursuant to Section 11.1 that the Project Safety Plan is not consistent with the Safety Requirements; or (g) any actual condition related to the Project or a Site that would reasonably be expected to adversely impact the safe construction, operation, or maintenance of the Project or a Site. “Remediation Period” means the time period between the first occurrence of the Remediation Event and the resolution of such Remediation Event which period may not exceed a total of ninety (90) days; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days if Seller is unable to resolve the Remediation Event within the initial ninety (90) day period despite exercising diligent efforts (and Buyer shall not unreasonably withhold approval of such extension), and Seller may request an additional extension of the Remediation Period of up to ninety (90) days if Seller is unable to resolve the Remediation Event within the ninety (90) day extension period despite exercising diligent efforts, which Buyer may approve or reject in its sole discretion. The Remediation Period may not, under any circumstance,

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continue for more than two hundred and seventy (270) days from the first occurrence of the Remediation Event.
“Requirements” means Prudent Operating Practices and all applicable requirements of Law, the Utility Distribution Company, the Transmission Provider, Governmental Approvals, the CAISO, CPUC, CARB, FERC, NERC and WECC.
“Resold Product” has the meaning set forth in Section 5.1(b). “Resource Adequacy” means the procurement obligation of load serving entities, including Buyer, as such obligations are described in CPUC Decisions D.04-10-035 and D.05-10- 042 and subsequent CPUC decisions addressing Resource Adequacy issues, as those obligations may be altered from time to time, and all other capacity procurement obligations established by any other entity, including the CAISO.
“Resource Adequacy Plan” has the meaning set forth in the CAISO Tariff. “Resource Adequacy Requirement” or “RAR” means the Resource Adequacy or successor program requirements established by the CPUC, CAISO or any other regional entity, including submission of a Supply Plan or Resource Adequacy Plan. “RMR” means “Reliability Must-Run” and has the meaning set forth in, and as used in, the CAISO Tariff.
“RMR Contract” has the meaning set forth in the CAISO Tariff. “RMR Generation” has the meaning set forth in the CAISO Tariff. “S&P” means Standard and Poor’s Financial Services, LLC (a subsidiary of The McGrawHill Companies, Inc.) or its successor. “Safeguard” means any procedures, practices, or actions with respect to the Project, a Site or Work for the purpose of preventing, mitigating, or containing foreseeable accidents, injuries, damage, release of hazardous material or environmental harm. “Safety Remediation Plan” means a written Notice from Seller to Buyer containing information about a Remediation Event, including (a) the date, time and location of first occurrence, (b) the circumstances surrounding cause, (c) impacts, and (d) detailed information about Seller’s plans to resolve the Remediation Event.
“Safety Requirements” means Prudent Operating Practices, CPUC General Order No. 167, and all applicable safety-related (construed broadly) requirements of Law, the Utility Distribution Company, the Transmission Provider, Governmental Approvals, the CAISO, CARB, FERC, NERC and WECC.
“Scheduling Coordinator” or “SC” has the meaning set forth the CAISO Tariff. Under the terms of this Agreement, the SC may be Seller or Seller’s designated agent (i.e., a third-party).

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“SEC” means the U.S. Securities and Exchange Commission, or any successor entity performing similar functions.
“Security Agreement” means the Security Agreement, dated as of January 22, 2018, between Member and Collateral Agent, as collateral agent for the benefit of the Secured Creditors, or any successor agreement generally available to Member’s creditors. “Security Interest” has the meaning set forth in Section 10.3(a). “Seller” has the meaning set forth in the preamble to this Agreement. “Seller’s Event of Default” has the meaning set forth in Section 7.1(a). “Serious Incident” means a harmful event that occurs on a Site during the Term arising out of, related to, or connected with the Project or the Site that results in any of the following outcomes: (a) any injury to or death of a member of the general public; (b) the death or permanent, disabling injury to operating personnel, Seller’s Contractors or subcontractors, Seller’s employees, agents, or consultants, or authorized visitors to the Site; (c) any property damage greater than three hundred thousand dollars ($300,000.00); (d) release of hazardous material above the limits, or violating the requirements, established by Permits, codes, standards, regulations, Laws or Governmental Authorities; (e) environmental impacts exceeding those authorized by Permits or applicable Law.
“Settlement Amount” means the Non-Defaulting Party’s Costs and Losses, on the one hand, netted against its Gains, on the other. If the Non-Defaulting Party’s Costs and Losses exceed its Gains, then the Settlement Amount shall be an amount owing to the Non-Defaulting Party. If the Non-Defaulting Party’s Gains exceed its Costs and Losses, then the Settlement Amount shall be zero dollars ($0). The Settlement Amount does not include consequential, incidental, punitive, exemplary or indirect or business interruption damages. “Shortfall” means any difference between a Delivered Quantity and a Contract Amount. “Showing Month” incorporates each day of each calendar month of the Delivery Term that is the subject of the Compliance Showings, as set forth in the CPUC Decisions. For illustrative purposes only, pursuant to the CPUC Decisions in effect as of the Effective Date, the monthly Compliance Showings made in June are for the Showing Month of August and the annual Compliance Showing made in October is for the twelve (12) Showing Months of the following year.
“Site(s)” means the real property on which the Project is located, as identified in Appendix I.
“Site Control” means that Seller owns the Site and the Project or has demonstrable contractual real property rights to the Site sufficient for the permitting, control, development and operation of the Project.
“Spinning Reserve” has the meaning set forth in the CAISO Tariff.

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“Standalone Energy Storage Incentives” means (a) all federal tax credits associated with the construction or ownership from the Facility (including credits under Sections 38, 45, 46 and 48 of the Internal Revenue Code of 1986, as amended), and (b) any federal, subsidies or other like benefits relating in any way to the Facility, including a cash grant available under Section 1603 of Division B of the American Recovery and Reinvestment Act of 2009, in lieu of federal Tax credits or any similar or substitute payment available under subsequently enacted federal legislation. “Supply Plan” has the meaning set forth in the CAISO Tariff. “Supplying Party” has the meaning set forth in Section 20.2(b). “System Emergency” has the meaning set forth in the CAISO Tariff. “Tax” or “Taxes” means all U.S. federal, state and local and any foreign taxes, levies, assessments, surcharges, duties and other fees and charges of any nature imposed by a Governmental Authority, whether currently in effect or adopted during the Term, including ad valorem, excise, franchise, gross receipts, import/export, license, property, sales and use, stamp, transfer, payroll, unemployment, income, and any and all items of withholding, deficiency, penalty, additions, interest or assessment related thereto. “Term” has the meaning set forth in Section 2.2(a).
“Terminated Transaction” has the meaning set forth in Section 7.2(a). “Termination Payment” has the meaning set forth in Section 7.3. “Transmission Provider” means the CAISO.
“Utility Distribution Company” has the meaning set forth in the CAISO Tariff. “WECC” means the Western Electricity Coordinating Council or its successor entity with similar functions.
“Work” means (a) work or operations performed by a Party or on a Party’s behalf; and (b) materials, parts or equipment furnished in connection with such work or operations; including (i) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “a Party’s work”; and (ii) the providing of or failure to provide warnings or instructions.

1.2 Rules of Interpretation. In this Agreement, except as expressly stated otherwise or unless the context otherwise requires:
(a) headings and the rendering of text in bold and italics are for convenience and reference purposes only and do not affect the meaning or interpretation of this Agreement; (b) words importing the singular include the plural and vice versa and the masculine, feminine and neuter genders include all genders;

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(c) the words “hereof”, “herein”, and “hereunder” and words of similar import shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (d) a reference to an article, section, paragraph, clause, Party, appendix, or exhibit is a reference to that section, paragraph, clause of, or that Party, appendix, or exhibit to, this Agreement unless otherwise specified;
(e) a reference to a document or agreement, including this Agreement means such document, agreement or this Agreement including any amendment or supplement to, or replacement, novation or modification of this Agreement, but disregarding any amendment, supplement, replacement, novation or modification made in breach of such document, agreement or this Agreement;
(f) a reference to a Person includes that Person’s successors and permitted assigns;
(g) the term “including” means “including without limitation” and any list of examples following such term shall in no way restrict or limit the generality of the work or provision in respect of which such examples are provided; (h) references to any statute, code or statutory provision are to be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or reenacted, and include references to all bylaws, instruments, orders and regulations for the time being made thereunder or deriving validity therefrom unless the context otherwise requires; (i) in the event of a conflict, a mathematical formula or other precise description of a concept or a term shall prevail over words providing a more general description of a concept or a term;
(j) references to any amount of money shall mean a reference to the amount in United States Dollars;
(k) words, phrases or expressions not otherwise defined herein that (i) have a generally accepted meaning in Prudent Operating Practice shall have such meaning in this Agreement or (ii) do not have well known and generally accepted meaning in Prudent Operating Practice but that have well known and generally accepted technical or trade meanings, shall have such recognized meanings;
(l) the terms “year” and “calendar year” mean the period of months from January 1 through and including December 31; the term “month” means a calendar month unless otherwise indicated, and a “day” means a 24-hour period beginning at 12:00:01 a.m. and ending at 12:00:00 midnight; provided that a “day” may be 23 or 25 hours on those days on which daylight savings time begins or ends, respectively;
(m) unless otherwise specified herein, where the consent of a Party is required, such consent shall not be unreasonably withheld or unreasonably delayed;

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(n) when an action is required to be completed on a Business Day, such action must be completed prior to 5:00 p.m. on such day, Pacific Standard time, and actions occurring after 5:00 p.m. (such as the delivery of a Notice) will be deemed to have occurred on the following Business Day;
(o) all references to Product mean each and all components of the Product unless the context infers a particular component of Product; and (p) each Party acknowledges that it was represented by counsel in connection with this Agreement and that it or its counsel reviewed this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

ARTICLE 2: TERM

2.1 Effectiveness.
(a) Upon Effective Date.
(i) Upon execution by both Parties, this Agreement shall be in full force and effect, enforceable and binding in all respects as of the Effective Date. (ii) Seller shall deliver to Buyer on or before the Effective Date correct and complete copies of: (A) Seller’s most recent annual report, audited consolidated financial statements, and unaudited consolidated financial statements; and (B) Seller’s organizational documents (including any certification of formation, certification of incorporation, charter, operating agreement, partnership agreement, bylaws, or similar documents) and any amendments thereto.

2.2 Term.
(a) The “Term” of this Agreement shall commence upon the Effective Date and shall continue until the expiration of the Delivery Term (unless terminated earlier in accordance with the terms of this Agreement).
(b) The “Delivery Term” is the period commencing on the Initial Delivery Date and continuing for the number of Contract Years specified on the Cover Sheet. The “Initial Delivery Date” is the first day of the first Showing Month for which Product is delivered; provided that the Initial Delivery Date may not occur until satisfaction of the Conditions Precedent, as set forth in Article 4.

ARTICLE 3: PROJECT DEVELOPMENT

3.1 Project Construction.
(a) Seller has achieved Site Control as of the Effective Date.

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(b) Seller shall develop, design and construct the Project in timely fashion in order to perform Seller’s obligations under this Agreement. (c) Seller has caused the following to occur as of the Effective Date (“Construction Start”): (i) acquisition of all Governmental Approvals necessary for the construction of the Project, (ii) engagement of each Contractor, (iii) execution of the EPC Contract and issuance of a full notice to proceed thereunder that authorizes the Contractor to mobilize to the Site and begin physical construction (including, at a minimum, excavation for foundations or the installation or erection of improvements, as applicable) at the Site, and (iv) ordering of all essential equipment and supplies, in each case (i)-(iv), as reasonably necessary so that physical construction of the Project may begin and proceed to completion without foreseeable interruption of material duration.

3.2 Interconnection. Seller has executed and delivered all necessary Interconnection Agreements as of the Effective Date. Seller shall (a) comply with all terms and conditions contained in the Interconnection Agreement as necessary for the safe and reliable delivery of the Product and (b) arrange, schedule and be responsible for any and all electric distribution and transmission service including any Governmental Approvals required for the foregoing. Seller shall fulfill all contractual, metering and applicable interconnection requirements, including Electric System Upgrades and those requirements set forth in the Utility Distribution Company’s applicable tariffs, the Participating Transmission Owner’s applicable tariffs, the CAISO Tariff and implementing CAISO standards and requirements, so as to be able to deliver the Product to Buyer.

3.3 Metering. At Seller’s expense, Seller shall obtain and maintain a single CAISO resource ID dedicated exclusively to the Project and shall install, or cause to be installed, all necessary metering and telemetry required by the CAISO to deliver the Product.

3.4 Progress Reports. Within fifteen (15) days after the close of each calendar quarter, starting with the first calendar quarter following the Effective Date and until the Commercial Operation Date, Seller shall provide to Buyer a Progress Report in a Notice and agree to regularly scheduled meetings between representatives of Buyer and Seller to review such quarterly reports and discuss Seller’s progress.

3.5 Remedial Action Plans. If Seller anticipates that it will not be able to timely satisfy the Commercial Operation Milestone, except as the result of Force Majeure or a Buyer’s Event of Default, Seller shall submit to Buyer no later than thirty (30) days prior to the relevant deadline a remedial action plan (“Remedial Action Plan”), which will describe in detail the actual delay, any anticipated delay beyond the scheduled deadline, the cause of the delay, and Seller’s proposed course of action to achieve the Initial Delivery Date by the Expected Initial Delivery Date. Delivery of a Remedial Action Plan shall not relieve Seller of any obligation under this Agreement.

3.6 Standalone Energy Storage Incentives. Seller shall have exclusive rights to any Standalone Energy Storage Incentives and Buyer shall not own nor have the right to share in any benefits associated with such Standalone Energy Storage Incentives.

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ARTICLE 4: INITIAL DELIVERY DATE

4.1 Timing of the Initial Delivery Date.
(a) Timely Initial Delivery Date. Seller shall cause the Initial Delivery Date to occur on, and not prior to, the Expected Initial Delivery Date. (b) Early Initial Delivery Date. If Seller wishes for the Initial Delivery Date to occur prior to the Expected Initial Delivery Date, Seller may provide Buyer with a written request for a specified earlier date, so long as such written request is provided at least one (1) year prior to the Expected Initial Delivery Date. If Buyer agrees to the requested earlier date, the Parties shall execute a written amendment to this Agreement memorializing the agreement that each reference to the Expected Initial Delivery Date in this Agreement shall thereafter be deemed a reference to such earlier date.
(c) Failure to Meet Expected Initial Delivery Date.
(i) Seller shall provide Buyer with advance Notice of any delay in achieving the Initial Delivery Date on the Expected Initial Delivery Date, including a true and reasonably detailed explanation of the cause of such delay (“Delay Notice”), at least ninety (90) days in advance of the Expected Initial Delivery Date (or, if Seller’s anticipation of such delay does not arise until after such advance window, then as soon as reasonably possible following such anticipation arising). For each day beginning with the day after the Expected Initial Delivery Date until and including the date on which the Initial Delivery Date occurs, for a period beyond the Expected Initial Delivery Date lasting no more than one hundred eighty (180) days (“IDD Cure Period”), Seller shall pay IDD Delay Damages to Buyer. Buyer shall invoice Seller for the amount of any IDD Delay Damages. Buyer may draw any IDD Delay Damages that are due to Buyer from the Development Security after providing an invoice for the amounts due. Notwithstanding the foregoing, if Seller fails to achieve the Initial Delivery Date by the Expected Initial Delivery Date due to Force Majeure or a Buyer’s Event of Default, subject to the notice requirements in Section

8.1, the IDD Cure Period shall be extended on a day-for-day basis for such events, and no IDD Delay Damages shall be required to be paid for such period of delay due to Force Majeure or Buyer’s Event of Default.
(ii) Each Party agrees that (A) the damages that Buyer would incur due to Seller’s delay in achieving the Expected Initial Delivery Date would be difficult or impossible to predict with certainty and (B) the IDD Delay Damages are an appropriate approximation of such damages.

4.2 Conditions Precedent to the Initial Delivery Date. Seller shall take all actions and obtain all approvals necessary to meet the obligations of this Agreement and to deliver the Product to Buyer pursuant to the terms of this Agreement. The following obligations of Seller are conditions precedent to the Initial Delivery Date (collectively, the “Conditions Precedent”) and must be satisfied at least seventy-five (75) days before the Initial Delivery Date, unless a different deadline is set forth below, in which case such other deadline shall govern, to Buyer’s reasonable satisfaction:

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(a) Seller shall have provided to Buyer updated correct and complete copies of the items identified in Section 2.1(a)(ii).
(b) Seller shall have secured all CAISO and Governmental Approvals as are necessary for the safe and lawful operation and maintenance of the Project and to enable Seller to deliver the Product to Buyer, including at the Contract Amounts. (c) Seller has secured and maintained Site Control.
(d) On or before the Commercial Operation Deadline, Seller shall have caused the Project to become Commercially Operable.
(e) Seller shall have provided to Buyer a certification of Seller and a Licensed Professional Engineer, substantially in the form attached hereto as Appendix IV, demonstrating (i) that the Commercial Operation Date has occurred and (ii) satisfactory completion of the Project at the Site.
(f) Seller shall have provided to Buyer all documentation reasonably acceptable to Buyer demonstrating that the Project successfully completed all applicable testing and registration procedures required by CAISO to Bid into the CAISO Markets. (g) Seller shall have executed and complied with any necessary Interconnection Agreement(s) and installed any necessary metering to deliver Product to Buyer, in each case in accordance with the CAISO Tariff and any applicable tariffs of the Utility Distribution Company and the Participating Transmission Owner.
(h) On or before the Initial Delivery Date, Seller shall have provided Delivery Term Security to Buyer as required by Section 10.2.
(i) As of the Initial Delivery Date, no Event of Default on the part of Seller shall have occurred and be continuing and no Remediation Event shall have occurred and remain unresolved.
(j) Seller shall have submitted to Buyer a Project Safety Plan. (k) Seller shall have obtained certification of Product in accordance with the CAISO Tariff and CPUC requirements applicable to Product (i) resulting in certifications of not less than the Contract Amounts and (ii) so as to ensure the Project is fully deliverable such that Seller is able to deliver Product in the Contract Amounts to Buyer for purposes of counting towards Buyer’s Compliance Obligations.
(l) As of the dates required under Section 5.2(b) and Section 5.2(c), as applicable, (i) Seller shall have submitted, or shall have caused its SC to have submitted, a Notice to Buyer including Seller’s proposed Supply Plan for the first Showing Month in accordance with Section 5.2(b) and (ii) Seller shall have submitted, or shall have caused its SC to have submitted, a Supply Plan to CAISO in accordance with Section 5.2(c).

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(m) Seller shall have provided to Buyer an attestation, in the form attached hereto as Appendix VII, that Seller is following all of the rules set forth in CPUC Decision 18-01- 003 on Multiple-Use Application Issues, issued January 17, 2018, regarding the multiple-use applications of energy storage facilities (the “MUA Decision”). (n) Seller shall have delivered to Buyer all insurance documents required under Article 16.
(o) As of the Initial Delivery Date, Seller shall have paid Buyer for all amounts owing under this Agreement, if any, including IDD Delay Damages, if any.

4.3 Cooperation in Connection with Initial Delivery Date. The Parties agree that, in order for Seller to achieve the Initial Delivery Date, the Parties may have to perform certain of their Delivery Term obligations in advance of the Initial Delivery Date. The Parties shall cooperate with each other in order for Buyer to be able to utilize the Product beginning on the Initial Delivery Date and Seller agrees to cause the Project’s SC to cooperate in order to achieve the same.

4.4 Confirmation of Initial Delivery Date. Once each of the Conditions Precedent has been satisfied by Seller (other than any Condition Precedent that may only be satisfied as of the Initial Delivery Date), Seller shall certify such satisfaction to Buyer in a Notice confirming the anticipated occurrence of the Initial Delivery Date. Buyer shall Notify Seller of any disagreement that Seller has satisfied such Conditions Precedent (with reasonable detail in regard to each Condition Precedent) within fifteen (15) Business Days of Seller’s Notice. On or promptly following the Initial Delivery Date (in no event later than five (5) Business Days thereafter), Buyer shall provide a Notice to Seller confirming the occurrence of the Initial Delivery Date.

ARTICLE 5: TRANSACTION

5.1 Product.
(a) During the Delivery Term, Seller grants, pledges, assigns and otherwise commits and shall deliver to Buyer, for Buyer’s exclusive use, all Capacity Attributes that may be calculated or derived from the Operational Characteristics, which must be exclusively from the Project (collectively, the “Product”), pursuant to the terms and conditions contained herein.

Operational Characteristics shall not be modified during the Term. (b) In addition to the Capacity Attributes, the Product includes the exclusive right to claim the Contract Amounts as an incremental resource for purposes of CPUC D.21-06- 035. During the Delivery Term Buyer shall have the exclusive right to claim the Contract Amounts as an incremental resource for purposes of CPUC D.21-06-035. (c) Buyer shall have the right to re-sell all or a portion of the Product purchased under this Agreement (“Resold Product”).
(d) Product does not confer to Buyer any right to dispatch or receive Energy or Ancillary Services from the Project.

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5.2 Purchase and Sale Obligation.
(a) For each day of each Showing Month during the Delivery Term, Seller agrees to deliver all Capacity Attributes of Product to Buyer, including in the amounts and categories set forth on the Cover Sheet (“Contract Amounts”). (b) No later than fifteen (15) Business Days prior to the applicable Compliance Showing deadlines for each Showing Month, Seller shall submit, or cause its SC to submit, a Notice to Buyer which includes Seller’s proposed Supply Plan for such Showing Month in a format and to a platform as Notified by Buyer to Seller prior to such deadline. No later than ten (10) Business Days before the applicable Compliance Showing deadlines for each Showing Month, Buyer may Notify Seller of any administrative or typographical corrections to the Supply Plan and Seller shall implement any such corrections in the Supply Plan that it submits, or causes to be submitted, to the CAISO. In the event that Buyer does not Notify Seller of any such corrections to the proposed Supply Plan, Seller shall submit the Supply Plan to CAISO as it was proposed by Notice to Buyer.
(c) After following the procedure in Section 5.2(b), Seller shall submit, or cause to be submitted, a Supply Plan to CAISO, in accordance with the applicable Compliance Showing deadlines for each Showing Month, to identify and confirm the Product to be delivered to Buyer (or, with regard to Resold Product, Buyer’s designee) for each day within the applicable Showing Month. For each of the Capacity Attributes of Product that Seller submits in its Supply Plan in the applicable Showing Month, Seller shall not submit an amount greater than the Contract Amount of each of the respective Capacity Attributes. The lowest daily quantity that Seller submits for each of the Capacity Attributes in a Supply Plan shall be deemed to be the amount of the respective Capacity Attributes that Seller has delivered for such Showing Month (“Delivered Quantities”). (d) For all Capacity Attributes of the Product that Seller delivers during the Delivery Term in accordance with this Agreement, Buyer shall, in accordance with Article 9, pay Seller a monthly payment (“Monthly Payment” or “MP”) as follows:

MP = (DQ / CA) × PQ × CP
where,
DQ = The sum of the Delivered Quantities of all RA Attributes, Local RA Attributes, and Flexible Attributes;
CA = The sum of the Contract Amounts of all RA Attributes, Local RA Attributes, and Flexible Attributes;
PQ = The payment quantity set forth on the Cover Sheet (“Payment Quantity”); and
CP = The contract price set forth on the Cover Sheet (“Contract Price”).

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5.3 Allocation of CAISO Payments and Costs.
(a) Except as may otherwise be provided in this Agreement, Seller shall retain any revenues it may receive from and pay all costs charged by, the CAISO or any other third party with respect to the Product or Project.
(b) To the extent that the Project is subject to the terms of the Availability Standards, Non-Availability Charges, and Availability Incentive Payments of the CAISO Tariff, the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for Seller’s account.

ARTICLE 6: OPERATIONS

6.1 Operations. Seller shall at all times retain operational control of the Project and be responsible for operation and maintenance of the Project.

6.2 Charging Energy. Seller shall be responsible for procuring and delivering all of the Charging Energy to the Project and paying all of the associated costs of such Charging Energy.

6.3 Standard of Care. In performing all of its obligations under this Agreement, including in its scheduling, interconnection, operation and maintenance of the Project, Seller shall comply with all Requirements and Safety Requirements.

6.4 Buyer’s Compliance Obligations; Certification of Product. (a) During the Term, Seller shall take all actions, including executing all documents or instruments, complying with all applicable registration, certification and reporting requirements of all applicable Governmental Authorities and other Persons, as such requirements may be amended from time to time, that are necessary to ensure that Buyer can use Product, including enabling Buyer to apply Product towards Buyer’s Compliance Obligations, or sell Resold Product, at all times during the Delivery Term. Promptly following Buyer’s written request, Seller agrees to take all actions and execute or provide any documents, information, or instruments with respect to Product reasonably necessary to enable Buyer to comply with the requirements of any Governmental Authority.
(b) During the Delivery Term, Seller shall, at no cost to Buyer, obtain and maintain CAISO and all applicable Governmental Authority certification(s) for all elements of the Product for which certification is or may become required in order to enable Buyer to receive and use such Product, including use of such Product to satisfy its Compliance Obligations. If Buyer is required under applicable Law to obtain such certification, Seller shall take all actions within its control to ensure that Buyer is able to secure such certification. Seller, at no cost to Buyer, shall take all other actions during the Delivery Term, including submission of all reports and other filings with CAISO and applicable Governmental Authorities, that are required to be taken by Seller to ensure that Buyer can receive the Product and shall take all actions within its control to assist Buyer in taking actions required to be taken by Buyer with regard to receipt of Product.

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6.5 Scheduling.
(a) Seller shall be the SC or shall designate a qualified third party to fulfill such role for the Project in order to deliver Product to Buyer during the Delivery Term in accordance with the terms of this Agreement. Seller shall be solely responsible for all costs associated with the SC. Seller shall take, or cause its SC to take, all necessary steps to qualify itself and the Project in such other manner identified and approved by the CAISO and CPUC that permits Seller to provide Product to Buyer.
(b) Seller shall comply, and shall cause SC to comply, with all applicable CAISO Tariff provisions, CPUC Decisions and all other applicable rules, requirements or Laws, including any Bidding of the Project to meet any Must Offer Obligations, in order to deliver the Product to Buyer and allow Buyer to use the Product to satisfy Buyer’s Compliance Obligations. (c) Buyer shall have no liability for the failure of Seller or SC to comply with any applicable Law, Requirements, or other requirement of the Transmission Provider or Utility Distribution Company, including any penalties, charges or fines imposed for such noncompliance except to the extent that such noncompliance is due to Buyer’s failure to comply with its obligations under this Agreement. In no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize a Shortfall. (d) Seller shall not accept, and shall cause the Project’s SC to not accept, any proposed CPM or RMR designation by the CAISO unless and until Buyer has agreed to accept such designation in a Notice. In addition, Seller shall promptly Notify, or cause the Project’s SC to promptly Notify, Buyer within one (1) Business Day of the time Seller or the SC receives a proposal from CAISO to designate any portion of the Product as CPM Capacity or RMR Generation. During the Delivery Term, Buyer has exclusive right to enter into a RMR Contract with respect to the Product or any component thereof, provided that the RMR Contract would not require the Project to operate beyond the Operational Characteristics or beyond the end of the Delivery Term.

6.6 Information Sharing and Shared Learning. Seller understands and acknowledges that Buyer is entering into this Agreement in part to gain operational and market information regarding the performance, efficiency, operations, maintenance, and multiple uses of energy storage and storage assets as an integral part of Buyer’s portfolio of assets to meet its customers’ needs as well as to gain an understanding of the impact of energy storage on load forecasting as a load serving entity. Throughout the Delivery Term, Seller agrees to share such information with Buyer, including meter data and hourly charging and discharging data but excluding cost or similar proprietary information, upon Buyer’s request, with such information to be treated by Buyer as Confidential Information. Seller shall provide such applicable meter data to Buyer in a format and to a platform specified by Buyer that is reasonably acceptable to Seller.

For information related to Seller’s multiple uses of the Project, Seller shall promptly provide Notice to Buyer any time it provides any services, attributes, or products from the Project to a third party.

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6.7 Changes in Law.
(a) In the event of any change in Requirements by the CPUC, CAISO, or other Governmental Authority or Person (in each case, other than a Party) having jurisdiction over Capacity Attributes that results in an increase or decrease to the amount of Capacity Attributes (other than Other Capacity Attributes) that may be calculated or derived from the Operational Characteristics (including in the case of a new category of Capacity Attributes), then either Party shall provide Notice to the other Party as soon as practicable following knowledge of such change specifying the altered amounts of Capacity Attributes of Product (“Change Notice”). Following a Change Notice, Buyer will confirm via Notice to Seller the amended Contract Amounts and Payment Quantity based on such change and the date that Seller shall commence delivery of such amended amounts (“Confirmation Notice”); provided that, in the case of an increase to the amount of Capacity Attributes that may be calculated or derived from the Operational Characteristics, Buyer shall have sole discretion over whether to accept a corresponding increase to any Contract Amount and the Payment Quantity; provided further that, if Buyer declines to accept any such increase, Seller shall have the right to sell to third parties any Capacity Attributes resulting from such increase that are in excess of the Contract Amounts. The Contract Amounts and Payment Quantity shall automatically adjust upon the date set forth in the Confirmation Notice (“Capacity Adjustment Date”) without further need for the Parties to amend this Agreement.

Until the Capacity Adjustment Date, Seller shall continue to deliver the Contract Amounts of the Capacity Attributes of Product as stated prior to the Confirmation Notice, unless otherwise required by Law or other Requirements. In the event that Buyer disputes the altered amounts of Capacity Attributes that may be calculated or derived from the Operational Characteristics as set forth in the Change Notice, the Parties shall resolve such dispute in accordance with the dispute resolution procedures set forth in Section 19.2.

Notwithstanding the provisions of this Section 6.7(a), if Buyer sends a Change Notice that indicates that a decrease to the amount of Capacity Attributes will trigger a reduction of the total Monthly Payments that Seller will receive for the twelve (12)-month period following the Capacity Adjustment Date by ten percent (10%) or more of the total Monthly Payments received by Seller in the immediately preceding twelve (12)-month period, then Seller may send a Notice to Buyer of its intent to terminate this Agreement. Buyer and Seller shall then engage in good faith negotiations to resolve the effects of the change to the Requirements with respect to the Capacity Attributes and the percentage reduction of total Monthly Payments, if any. If Buyer and Seller are unable, within sixty (60) days after delivery of such Notice, to agree upon changes to this Agreement or to resolve issues relating to the change in Requirements with respect to the Capacity Attributes, then Seller may send a Notice designating a day, no earlier than the day such Notice is deemed to be received and no later than twenty (20) days after such Notice is deemed to be received, as an early termination date of this Agreement. If Seller terminates this Agreement pursuant to this Section 6.7(a), then neither Party shall have any further liability to one another other than with respect to any liabilities or obligations that have accrued as of the date of termination set forth in the Notice. Notwithstanding the foregoing, Seller shall have no right to terminate this Agreement pursuant to this provision if, and for so long as, Buyer has received a Confirmation Notice and Buyer agrees to pay a Monthly Payment equal to ninety percent (90%) of the amount that is equal to the total Monthly Payments received by Seller in the immediately preceding twelve (12)-month period, divided by twelve (12).

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(b) In the event a centralized capacity market develops within the WECC region, Buyer will have exclusive right to offer, bid, or otherwise submit the Product for re-sale in such markets, or to cause Seller or Seller’s SC to do so, and Buyer shall retain and receive any and all related revenues.
(c) If a change in CAISO, CPUC or other Governmental Authority Requirements renders this Agreement or any provisions hereof incapable of being performed or administered, then either Party may request that Buyer and Seller enter into negotiations to make the minimum changes to this Agreement necessary to make this Agreement capable of being performed and administered, while attempting to preserve to the maximum extent possible the benefits, burdens, and obligations set forth in this Agreement as of the Effective Date. Upon delivery of such a request, Buyer and Seller shall engage in such negotiations in good faith. If Buyer and Seller are unable, within sixty (60) days after delivery of such request, to agree upon changes to this Agreement or to resolve issues relating to changes to this Agreement, then either Party may submit issues pertaining to changes to this Agreement to the dispute resolution process set forth in Section 19.2. Notwithstanding the foregoing, (i) a change in cost shall not in and of itself be deemed to render this Agreement or any of the provisions hereof incapable of being performed or administered, or constitute, or form the basis of, a Force Majeure, and (ii) all of unaffected provisions of this Agreement shall remain in full force and effect during any period of such negotiation or dispute resolution.

ARTICLE 7: EVENTS OF DEFAULT; REMEDIES

7.1 Events of Default.
(a) Seller will be deemed a Defaulting Party upon the occurrence of any of the following (each, a “Seller’s Event of Default”):
(i) Seller fails to satisfy a Performance Assurance requirement set forth in Article 10 and Seller fails to provide replacement Performance Assurance within ten (10) Business Days of Buyer’s written demand therefor in accordance with Article 10; (ii) any material misrepresentation or omission, in any metering or submetering, Supply Plan, report, or Notice with regard to delivery of the Product, or undue delay or withholding of such data, report or Notice, which misrepresentation or undue delay or withholding is not cured within ten (10) Business Days of Buyer’s receipt thereof; (iii) Seller intentionally or knowingly delivers, or attempts to deliver Product that is not produced by the Project;
(iv) Seller fails to pay IDD Delay Damages in accordance with Section

4.1(c);
(v) Seller fails to achieve the Initial Delivery Date prior to the expiration of the IDD Cure Period, as such IDD Cure Period may be extended for Force Majeure or a Buyer’s Event of Default; or

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(vi) Any failure by Seller in a Showing Month to deliver Delivered Quantities to Buyer equal to the Contract Amounts in accordance with Section 5.2; provided that a Seller’s Event of Default shall not be deemed to have occurred under this Section 7.1(a)(vi) if such failure has not been preceded by two (2) or more such failures in separate Showing Months within the last six (6) months and Seller provides Buyer with substitute Capacity Attributes that are acceptable to Buyer in Buyer’s reasonable discretion in the amount of such Shortfall and for the time period of such Shortfall.
(vii) For the avoidance of doubt: (1) a Seller’s Event of Default shall be deemed to have occurred under Section 7.1(a)(vi) if Seller fails to provide Buyer with substitute Capacity Attributes in accordance with Section 7.1(a)(vi); (2) the amount described in Section

7.1(a)(vi) shall be owed by Seller to Buyer on a separate and additional basis for each of any two (2) failures under Section 7.1(a)(vi) occurring within any six (6) month period; and (3) the amount described in Section 7.1(a)(vi) represents Buyer’s direct damages as a result of a failure by Seller to deliver Delivered Quantities to Buyer equal to the Contract Amounts in accordance with Section

5.2 and is in addition to Seller’s indemnity obligations under Article 15 for any third-party Claims, including any penalties or fines imposed by CAISO or the CPUC. (b) Either Party will be deemed a Defaulting Party upon the occurrence of any of the following (each, a “Party’s Event of Default”):” (i) the failure by such Party to make, when due, any payment required pursuant to this Agreement and such failure is not remedied within ten (10) Business Days after Notice thereof;
(ii) any representation or warranty made by such Party under this Agreement is false or misleading in any material respect when made or when deemed made or repeated, and such default is not remedied within thirty (30) days after Notice thereof, or such longer additional period, not to exceed an additional sixty (60) days, if the Defaulting Party is unable to remedy such default within such initial thirty (30) day period despite exercising diligent efforts;
(iii) the failure by such Party to perform any material covenant or obligation set forth in this Agreement, including any failure by Seller to comply with Sections 5.1,

5.2, or 6.4 or with any Requirement or Safety Requirement in accordance with Section 6.3, in any case except to the extent constituting a separate Event of Default, and such failure is not remedied within thirty (30) days after Notice thereof, or such longer additional period, not to exceed an additional ninety (90) days, if the Defaulting Party is unable to remedy such default within such initial thirty (30) day period despite exercising diligent efforts; (iv) such Party becomes Bankrupt;
(v) such Party assigns this Agreement or any of its rights hereunder other than in compliance with Article 18; or
(vi) such Party consolidates or amalgamates with, or merges with or into, or transfers all or substantially all of its assets to, another entity and, at the time of such consolidation, amalgamation, merger or transfer, the resulting, surviving or transferee entity fails

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to assume all the obligations of such Party under this Agreement to which it or its predecessor was a party by operation of Law or pursuant to an agreement reasonably satisfactory to the other Party.

7.2 Remedies; Declaration of Early Termination Date. If an Event of Default with respect to a Defaulting Party has occurred, the other Party (“Non-Defaulting Party”) shall have the following rights:
(a) to send Notice, designating a day, no earlier than the day such Notice is deemed to be received and no later than twenty (20) days after such Notice is deemed to be received, as an early termination date of this Agreement (“Early Termination Date”) that terminates this Agreement (the “Terminated Transaction”) and ends the Delivery Term effective as of the Early Termination Date;
(b) to accelerate all amounts owing between the Parties, and to collect as liquidated damages (i) the Damage Payment, in the case of an Event of Default by Seller occurring before the Initial Delivery Date, including an Event of Default under Section 7.1(a)(v), or (ii) the Termination Payment calculated in accordance with Section 7.3 below, in the case of any other Event of Default by either Party;
(c) to withhold any payments due to the Defaulting Party under this Agreement; (d) to suspend performance; or
(e) to exercise any other right or remedy available at law or in equity, including specific performance or injunctive relief, except where an express and exclusive remedy or measure of damages is provided under this Agreement;
provided, that payment by the Defaulting Party of the Damage Payment or Termination Payment, as applicable, shall constitute liquidated damages and the Non-Defaulting Party’s sole and exclusive remedy for any Terminated Transaction and the Event of Default related thereto.

7.3 Termination Payment. The Termination Payment (“Termination Payment”) for a Terminated Transaction shall be the aggregate of the Settlement Amount plus any or all other amounts due to or from the Non-Defaulting Party, as of the Early Termination Date, netted into a single amount. The Non-Defaulting Party shall calculate a Settlement Amount for the Terminated Transaction as of the Early Termination Date. Third parties supplying information for purposes of the calculation of Gains or Losses may include, without limitation, dealers in the relevant markets, end-users of the relevant product, information vendors and other sources of market information.

The Settlement Amount shall not include consequential, incidental, punitive, exemplary, indirect or business interruption damages. Without prejudice to the Non-Defaulting Party’s duty to mitigate, the Non-Defaulting Party shall not have to enter into replacement transactions to establish a Settlement Amount. Each Party agrees and acknowledges that (a) the actual damages that the Non-Defaulting Party would incur in connection with a Terminated Transaction would be difficult or impossible to predict with certainty, (b) the Damage Payment or Termination Payment described in Section 7.2 or this Section 7.3, as applicable, is a reasonable and appropriate approximation of such damages, and (c) the Damage Payment or Termination Payment described in Section 7.2 or this Section 7.3, as applicable, is the exclusive remedy of the Non-Defaulting Party in connection with a Terminated Transaction but shall not otherwise act to limit any of the

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Non-Defaulting Party’s rights or remedies if the Non-Defaulting Party does not elect a Terminated Transaction as its remedy for an Event of Default by the Defaulting Party.

7.4 Notice of Payment of Termination Payment. As soon as practicable after a Terminated Transaction, Notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Damage Payment or Termination Payment and whether the Termination Payment is due to or from the Non-Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of such amount and the sources for such calculation.

The Termination Payment shall be made to or from the Non-Defaulting Party, as applicable, within ten (10) Business Days after such Notice is effective.

7.5 Disputes with Respect to Termination Payment. If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Termination Payment, in whole or in part, the Defaulting Party shall, within five (5) Business Days of receipt of the Non-Defaulting Party’s calculation of the Termination Payment, provide to the Non-Defaulting Party a detailed written explanation of the basis for such dispute. Disputes regarding the Termination Payment shall be determined in accordance with Article 19.

7.6 Rights and Remedies Are Cumulative. Except where an express and exclusive remedy or measure of damages is provided, the rights and remedies of a Party pursuant to this Article 7 shall be cumulative and in addition to the rights of the Parties otherwise provided in this Agreement.

ARTICLE 8: FORCE MAJEURE

8.1 Force Majeure.
(a) Effect of Force Majeure. A Party shall not be considered to be in default in the performance of its obligations to the extent that the failure or delay of its performance is due to a Force Majeure event, and the non-affected Party shall be excused from its corresponding performance obligations for the period of the affected Party’s failure or delay of performance. The burden of proof for establishing the existence and consequences of an event of Force Majeure lies with the Party initiating the claim.
(b) Notice of Force Majeure. The Party desiring to invoke the Force Majeure event as a cause for delay in its performance of, or failure to perform, any obligation hereunder, shall provide prompt Notice to the other Party in the form of a letter identifying the event of Force Majeure and describing in detail the particulars of the occurrence giving rise to the Force Majeure event including the expected duration, when known, and the effect of such Force Majeure event.

Failure to provide timely Notice constitutes a waiver of a claim of Force Majeure. Promptly, but in any event within ten (10) days after a Notice is given pursuant to the preceding sentence, the Parties shall meet to discuss the basis and terms upon which the arrangements set out in this Agreement shall be continued taking into account the effects of such event of Force Majeure. (c) Mitigation of Force Majeure. The suspension of a Party’s performance under this Agreement due to a claim of Force Majeure shall be of no greater scope and of no longer duration than is required by the Force Majeure event. A Party suspending performance due to Force Majeure shall take, or cause to be taken, such action as may be necessary to void, or nullify,

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or otherwise to mitigate, in all material respects, the effects of such event of Force Majeure. The Parties shall take all reasonable steps to resume normal performance under this Agreement after the cessation of any Force Majeure event. If Seller cannot meet the Expected Initial Delivery Date as a result of a Force Majeure event declared by Seller in accordance with this Agreement, then Seller shall work diligently to resolve the effect of the Force Majeure and provide evidence of its efforts promptly upon Buyer’s written request.
(d) Force Majeure Failure. Notwithstanding any provision to the contrary, Buyer shall have the right, but not the obligation, to terminate this Agreement after the occurrence of the following, each constituting a “Force Majeure Failure”:
(i) if during the Delivery Term:
(A) due to a Force Majeure event, Seller is unable to meet its obligations under this Agreement (including any failure to deliver Delivered Quantities to Buyer equal to the Contract Amounts) on more than one hundred eighty (180) days within any three hundred sixty-five (365) day period; or
(B) the Project is destroyed or rendered inoperable by an event of Force Majeure; provided that Seller may repair or restore the Project if: (1) Seller provides to Buyer within the sixty (60) day period following the conclusion of the Force Majeure event a certificate from a non-affiliated, licensed professional engineer attesting that the Project can be restored to original operational status within the six (6) month period following the conclusion of the Force Majeure event; (2) Seller provides Buyer with Notice of Seller’s election to repair or restore the Project within the sixty (60) day period following the conclusion of the Force Majeure event; and (3) Seller completes such repair or restoration to original operational status within the six (6) month period following the conclusion of the Force Majeure event; (ii) if Seller is unable, due to a Force Majeure event, to achieve the Initial Delivery Date by one hundred eighty (180) days after the Expected Initial Delivery Date. (e) Effect of Termination for Force Majeure Failure. If Buyer exercises its termination right in connection with a Force Majeure Failure under Section 8.1(d), then this Agreement shall terminate without further liability of either Party to the other, effective upon the date set forth in Buyer’s Notice of termination, subject to each Party’s satisfaction of all of the final payment and survival obligations set forth in Section 21.3.

ARTICLE 9: INVOICING AND PAYMENT

9.1 Invoicing. Seller shall make good faith efforts to deliver an invoice, in arrears, to Buyer no sooner than ten (10) Business Days after the end of each Showing Month of the Delivery Term for all amounts due from Buyer to Seller under this Agreement, including, as applicable: (a) the Monthly Payment, and (b) other compensatory adjustments required by this Agreement, including adjustments for Taxes. Each invoice shall (i) contain data sufficient to document and verify all amounts included therein, including any relevant records, invoices, or settlement data from CAISO, necessary to verify the accuracy of any amount and (ii) be in a format specified by Buyer.

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9.2 Payment. Buyer shall make payment to Seller by wire transfer or ACH payment to the bank account provided on each monthly invoice. Buyer shall pay undisputed invoice amounts by the twenty-third (23rd) day of the month following the month in which the invoice was provided by Seller. If such due date falls on a weekend or legal holiday, such due date shall be the next Business Day. Any undisputed portion of the invoice amount paid after the due date will be considered late and will bear interest on the unpaid balance. If the amount due is not paid on or before the due date or if any other payment that is due and owing from one Party to another is not paid on or before its applicable due date, a late payment charge shall be applied to the unpaid balance and shall be added to the next billing statement. Such late payment charge shall be calculated based on an annual interest rate equal to the three-month LIBOR, plus two percent (2%) (the “Interest Rate”). If the due date occurs on a day that is not a Business Day, the late payment charge shall begin to accrue on the next succeeding Business Day.

9.3 Payment Adjustments; Billing Errors. Payment adjustments shall be made if Buyer or Seller discovers there have been good faith inaccuracies in invoicing that are not otherwise disputed under Section 9.4 or an adjustment to an amount previously invoiced or paid is required due to a correction of data by CAISO. If the required adjustment is in favor of Buyer, Buyer’s next monthly payment shall be credited in an amount equal to the adjustment. If the required adjustment is in favor of Seller, Seller shall add the adjustment amount to Buyer’s next monthly invoice. Adjustments in favor of either Buyer or Seller shall bear interest at the Interest Rate, until settled in full, in accordance with Section 9.2, accruing from the date on which the adjusted amount should have been due.

9.4 Billing Disputes. A Party may, in good faith, dispute the correctness of any invoice or any adjustment to an invoice rendered under this Agreement or adjust any invoice for any arithmetic or computational error within twelve (12) months of the date of the invoice, or adjustment to an invoice, was rendered. In the event an invoice or portion thereof, or any other claim or adjustment arising hereunder, is disputed, payment of the undisputed portion of the invoice shall be required to be made when due. Any invoice dispute or invoice adjustment shall be in writing and shall state the basis for the dispute or adjustment. Payment of the disputed amount shall not be required until the dispute is resolved. Upon resolution of the dispute, any required payment shall be made within five (5) Business Days of such resolution along with interest accrued at the Interest Rate from and including the original due date to but excluding the date paid. Inadvertent overpayments shall be returned via adjustments in accordance with Section

9.3. Any dispute with respect to an invoice is waived if the other Party is not notified in accordance with this Section 9.4 within twelve (12) months after the invoice is rendered or subsequently adjusted, except to the extent any misinformation was from a third party not affiliated with any Party and such third party corrects its information after the twelve (12) month period. If an invoice is not rendered within twelve (12) months after the close of the month during which performance occurred, the right to payment for such performance is waived.

9.5 Netting of Payments. The Parties hereby agree that they shall discharge mutual undisputed debts and payment obligations due and owing to each other on the same date through netting, in which case all amounts owed by each Party to the other Party for the purchase and sale of Product during the monthly billing period under this Agreement or otherwise arising out of this Agreement, including any related damages, interest, and payments or credits, shall be netted so that only the excess amount remaining due shall be paid by the Party who owes it.

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ARTICLE 10: PERFORMANCE ASSURANCE

10.1 Seller’s Development Security. To secure its obligations under this Agreement, Seller shall deliver the Development Security to Buyer within thirty (30) days of the Effective Date. Seller shall maintain the Development Security in full force and effect and Seller shall within five (5) Business Days after any draw thereon replenish the Development Security in the event Buyer collects or draws down any portion of the Development Security for any reason permitted under this Agreement other than to satisfy a Termination Payment. Upon the earlier of (a) Seller’s delivery of the Delivery Term Security, or (b) sixty (60) days after termination of this Agreement, Buyer shall return the Development Security to Seller, less the amounts drawn in accordance with this Agreement. If the Development Security is a Letter of Credit and the issuer of such Letter of Credit (i) fails to maintain the minimum Credit Rating specified in the definition of Letter of Credit, (ii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the Expected Initial Delivery Date, or (iii) fails to honor Buyer’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have ten (10) Business Days to either post cash or deliver a substitute Letter of Credit that meets the requirements set forth in the definition of Development Security.

10.2 Seller’s Delivery Term Security. To secure its obligations under this Agreement, Seller shall deliver Delivery Term Security to Buyer on or before the Initial Delivery Date. Seller shall maintain the Delivery Term Security in full force and effect, and shall within five (5) Business Days after any draws made by Buyer in accordance with this Agreement (other than to satisfy a Termination Payment) replenish the Delivery Term Security (except in the case of a Guaranty, as to which there is no obligation of Seller to replenish), until the following have occurred: (a) the Delivery Term has expired or terminated early; and (b) all payment obligations of Seller then due and payable under this Agreement, including compensation for penalties, Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting). Following the occurrence of both events, Buyer shall promptly return to Seller the unused portion of the Delivery Term Security. If the Delivery Term Security is a Letter of Credit and the issuer of such Letter of Credit (i) fails to maintain the minimum Credit Rating set forth in the definition of Letter of Credit, (ii) indicates its intent not to renew such Letter of Credit and such Letter of Credit expires prior to the end of the Delivery Term, or (iii) fails to honor Buyer’s properly documented request to draw on such Letter of Credit by such issuer, Seller shall have ten (10) Business Days to deliver substitute Delivery Term Security that meets the requirements set forth in the definition of Delivery Term Security. If the Delivery Term Security is a Guaranty and the Guarantor (i) fails to maintain the minimum Credit Rating set forth in the definition of “Guarantor,” (ii) becomes Bankrupt, or (iii) fails to honor Buyer’s properly demanded payment in accordance with the terms of the Guaranty, Seller shall have ten (10) Business Days to deliver substitute Delivery Term Security that meets the requirements set forth in the definition of Delivery Term Security.

10.3 First Priority Security Interest in Cash or Cash Equivalent Collateral. (a) To secure its obligations under this Agreement, and until released as provided herein, Seller hereby grants to Buyer a present and continuing first-priority security interest (“Security Interest”) in, and lien on (and right to net against), and assignment of the Development Security, Delivery Term Security, any other cash collateral and cash equivalent

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collateral posted pursuant to Sections 10.1 and 10.2 and any and all interest thereon or proceeds resulting therefrom or from the liquidation thereof, whether now or hereafter held by, on behalf of, or for the benefit of Buyer, and Seller agrees to take all action as Buyer reasonably requires in order to perfect Buyer’s Security Interest in, and lien on (and right to net against), such collateral and any and all proceeds resulting therefrom or from the liquidation thereof. Upon or any time after the occurrence of a Seller’s Event of Default or a Party’s Event of Default on the part of Seller, an Early Termination Date resulting from a Seller’s Event of Default or a Party’s Event of Default on the part of Seller, or an occasion provided for in this Agreement where Buyer is authorized to retain all or a portion of the Development Security or Delivery Term Security, Buyer may do any one or more of the following (in each case subject to the final sentence of this Section

10.3):
(i) Exercise any of its rights and remedies with respect to the Development Security and Delivery Term Security, including any such rights and remedies under Law then in effect;
(ii) Draw on any outstanding Letter of Credit issued for its benefit and retain any cash held by Buyer as Development Security or Delivery Term Security; and (iii) Liquidate all Development Security or Delivery Term Security (as applicable) then held by or for the benefit of Buyer free from any claim or right of any nature whatsoever of Seller, including any equity or right of purchase or redemption by Seller. (b) Buyer shall apply the proceeds of the collateral realized upon the exercise of any such rights or remedies to reduce Seller’s obligations under this Agreement (Seller remains liable for any amounts owing to Buyer after such application), subject to Buyer’s obligation to return any surplus proceeds remaining after these obligations are satisfied in full.

10.4 Seller Financial Information. If requested by Buyer, Seller shall deliver to Buyer (a) within one hundred twenty (120) days following the end of each fiscal year, a copy of Seller’s annual report containing unaudited consolidated financial statements for such fiscal year, if available, (or audited consolidated financial statements for such fiscal year, if otherwise available) and (b) within sixty (60) days after the end of each of its first three fiscal quarters of each fiscal year, a copy of such Seller’s quarterly report containing unaudited consolidated financial statements for such fiscal quarter, if available. In all cases the statements shall be for the most recent accounting period and shall be prepared in accordance with Generally Accepted Accounting Principles. This information shall be deemed to be Confidential Information for purposes of this Agreement.

10.5 Buyer Credit Support.
(a) To secure Buyer’s obligations under this Agreement, Seller shall have the right to execute a Joinder, which shall allow Seller to become a “PPA Provider” and “Secured Creditor” for all purposes under the Lockbox Arrangement Documents for so long as Member is subject to the Security Agreement and the Lockbox Account Control Agreement (or any successor arrangement generally available to Member’s creditors and permitted under Section 10.5(b)(iii)) (the current arrangement under the Lockbox Arrangement Documents and any successor

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arrangement thereto generally available to Buyer’s creditors is the “Member Lockbox Arrangement”); provided, however, that if Member provides Member Performance Security, then so long as Buyer (or Member, as applicable) is not in default under this Agreement or any of the Lockbox Arrangement Documents, Buyer may, at the direction of its Member’s City Council, request the dissolution of the Member Lockbox Arrangement and Seller hereby agrees that (x) its security interest under the Member Lockbox Arrangement shall terminate, without further action, effective upon the termination of the security interests of all other PPA Providers under the Member Lockbox Arrangement and (y) if requested by Buyer or Member, Seller would promptly execute a written termination statement confirming such termination in accordance with the Lockbox Arrangement Documents.
(b) Under the Member Lockbox Arrangement:
(i) Buyer shall cause Member to provide notice to Seller of the termination of all security interests under the Security Agreement or the termination of any other Lockbox Arrangement Document.
(ii) Buyer further agrees it will cause Member to not grant any additional security interests or permit any party to have payment or enforcement rights (i) under the Security Agreement on terms more favorable than those currently offered to Seller, or (ii) under any arrangement similar to the Security Agreement that is generally available to Member’s creditors unless Seller is offered the right to participate in such arrangement on terms no less favorable than those offered to the other participants. (iii) In addition, so long as Buyer (or Member, as applicable) is not in default under this Agreement and Member is not in default under any of the Lockbox Arrangement Documents, Buyer may request the dissolution of the current Member Lockbox Arrangement in order to permit Member to enter into a substantially similar successor Member Lockbox Arrangement and, provided that Seller is allowed to become a PPA Provider (or its equivalent) and Secured Creditor (or its equivalent) under the successor Member Lockbox Arrangement, Seller hereby agrees that (x) its security interest under the Security Agreement shall terminate, without further action, effective upon the termination of the security interests of all other PPA Providers under the Security Agreement and the grant and perfection of a security interest under the successor Member Lockbox Arrangement, and (y) if requested by Buyer, Seller would promptly execute a written termination statement confirming such termination in accordance with Section

7.12 of the Security Agreement.
(c) If Buyer causes Member to provide Member Performance Security, then Buyer shall maintain, or cause Member to maintain, the Member Performance Security in full force and effect until the following have occurred: (i) the Delivery Term has expired or terminated early; and (ii) all payment obligations of Buyer arising under this Agreement, including compensation for penalties, Termination Payment, indemnification payments or other damages are paid in full (whether directly or indirectly such as through set-off or netting). Following the occurrence of both events, Seller shall promptly return to Buyer the unused portion of the Member Performance Security. If the Member Performance Security is a Letter of Credit and the issuer of such Letter of Credit (i) fails to maintain the minimum Credit Rating set forth in the definition of Letter of Credit, (ii) indicates its intent not to renew such Letter of Credit and such Letter of Credit

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expires prior to the time that Seller is required to return the Member Performance Security, or (iii) fails to honor Seller’s properly documented request to draw on such Letter of Credit by such issuer, Buyer shall have five (5) Business Days to either post, or cause Member to post, cash or deliver, or cause Member to deliver, a substitute Letter of Credit that meets the requirements set forth in this Agreement.

ARTICLE 11: SAFETY

11.1 Safety.
(a) Seller shall, and shall cause any Affiliates performing any design, construction, operation or maintenance of the Project and Contractors to, design, construct, operate, and maintain the Project and conduct all Work or cause all Work to be conducted in accordance with the Safety Requirements. Seller shall, and shall cause its Affiliates and Contractors to, take all actions to comply with the Safety Requirements. (b) Prior to Seller’s execution of a Contractor’s contract solely with respect to the operation and maintenance of the Project after the Initial Delivery Date (i) with a value of $500,000 or more (calculated on an aggregated basis with any other contract with such Contractor) or (ii) relating to any element of the Work that involves significant safety considerations, Seller shall demonstrate to Buyer’s reasonable satisfaction that the Contractor has the qualifications, experience, and safety record to operate and maintain the Project, as applicable; provided that Seller has pre-approved the Contractors set forth in Appendix IX. During the period that a Contractor is conducting Work, Seller shall cause the Contractor to meet and comply with the Safety Requirements.
(c) Seller shall document a Project Safety Plan and incorporate the Project Safety Plan’s features into the design, development, construction, operation, and maintenance of the Project. Seller shall submit for Buyer’s review a Project Safety Plan, in a format reasonably acceptable to Buyer, which must demonstrate (A) Seller’s plans to comply with the Safety Requirements and (B) Seller’s consideration of the Project Safety Plan items in Part Two (Project Design and Description) of Appendix VI. Upon Notice to Buyer, Seller may deviate from any specific procedures identified in the Project Safety Plan while designing, developing, constructing, operating, or maintaining the Project, if in Seller’s judgment, the deviation is necessary to design, develop, construct, operate, or maintain the Project safely or in accordance with the Safety Requirements.
(d) Throughout the Delivery Term, Seller shall update the Safeguards and the Project Safety Plan as required by Safety Requirements or as necessitated by a Safety Remediation Plan. Seller shall provide such updated Project Safety Plan to Buyer within thirty (30) days of any such updates. Throughout the Delivery Term, Buyer shall have the right to request Seller to provide its Project Safety Plan, or portions thereof, and demonstrate its compliance with the Safety Requirements within thirty (30) days of Buyer’s Notice. (e) Seller shall remove any Contractor that engages in repeated, material violations of the Project Safety Plan or Safety Requirements, unless doing so would present an ongoing material adverse effect to the operation of the Project.

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11.2 Reporting Serious Incidents. Seller shall provide Notice of a Serious Incident to Buyer within five (5) Business Days of occurrence. The Notice of Serious Incident must include the time, date, and location of the incident, the Contractor involved in the incident (as applicable), the circumstances surrounding the incident, the immediate response and recovery actions taken, and a description of any impacts of the Serious Incident. Seller shall cooperate and provide reasonable assistance, and cause each of its Contractors to cooperate and provide reasonable assistance, to Buyer with any investigations and inquiries by Governmental Authorities that arise as a result of the Serious Incident.

11.3 Remediation.
(a) Seller shall resolve any Remediation Event within the Remediation Period.

Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (b) Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide any report relating to a Remediation Event, in a form and level of detail that is acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as requested by Buyer.

ARTICLE 12: TAXES

12.1 Taxes. Seller shall pay or cause to be paid all Taxes (a) on or with respect to the Project and (b) on or with respect to the sale and making available of Product to Buyer that are imposed on Product prior to its delivery to Buyer at the time and place contemplated under this Agreement. Buyer shall pay or cause to be paid all Taxes on or with respect to the delivery to and purchase by Buyer of Product that are imposed on Product at and after its delivery to Buyer at the time and place contemplated under this Agreement (other than withholding or other Taxes imposed on Seller’s income, revenue, receipts or employees), if any. If a Party is required to remit or pay Taxes that are the other Party’s responsibility hereunder, such Party shall promptly pay the Taxes due and then seek and receive reimbursement from the other for such Taxes. In the event any sale of Product hereunder is exempt from or not subject to any particular Tax, Buyer shall provide Seller with all necessary documentation within thirty (30) days after the Effective Date to evidence such exemption or exclusion. If Buyer does not provide such documentation, then Buyer shall indemnify, defend, and hold Seller harmless from any liability with respect to Taxes from which Buyer claims it is exempt.

12.2 Cooperation. Each Party shall use reasonable efforts to implement the provisions of and administer this Agreement in accordance with the intent of the Parties to minimize all Taxes, so long as no Party is materially adversely affected by such efforts. The Parties shall cooperate to minimize Tax exposure; provided, however, that neither Party shall be obligated to incur any financial or operational burden to reduce Taxes for which the other Party is responsible hereunder without receiving due compensation therefor from the other Party.

ARTICLE 13: LIMITATIONS

13.1 No Consequential Damages. EXCEPT TO THE EXTENT PART OF AN

EXPRESS REMEDY OR MEASURE OF DAMAGES HEREIN, OR PART OF AN ARTICLE

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15 INDEMNITY CLAIM, OR INCLUDED IN A LIQUIDATED DAMAGES CALCULATION,

OR ARISING FROM FRAUD OR INTENTIONAL MISREPRESENTATION, NEITHER

PARTY SHALL BE LIABLE TO THE OTHER OR ITS INDEMNIFIED PERSONS FOR ANY

SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR

LOSSES OR DAMAGES FOR LOST REVENUE OR LOST PROFITS, WHETHER

FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT.

13.2 Waiver and Exclusion of Other Damages.
(a) EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE IS NO

WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED. THE PARTIES

CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. ALL

LIMITATIONS OF LIABILITY CONTAINED IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE PERTAINING TO SELLER’S LIMITATION OF LIABILITY AND THE PARTIES’ WAIVER OF CONSEQUENTIAL DAMAGES, SHALL

APPLY EVEN IF THE REMEDIES FOR BREACH OF WARRANTY PROVIDED IN THIS AGREEMENT ARE DEEMED TO “FAIL OF THEIR ESSENTIAL PURPOSE” OR ARE OTHERWISE HELD TO BE INVALID OR UNENFORCEABLE.
(b) FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS AND

EXCLUSIVE REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS

REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH

PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED.
(c) TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID
HEREUNDER ARE LIQUIDATED, INCLUDING UNDER SECTIONS 4.1(c), 7.1(a)(iv), 7.2 AND 7.3, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR

IMPOSSIBLE TO DETERMINE, THAT OTHERWISE OBTAINING AN ADEQUATE

REMEDY IS INCONVENIENT, AND THAT THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE ANTICIPATED HARM OR LOSS. IT IS THE

INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES

AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR

CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY,

WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. THE PARTIES HEREBY WAIVE ANY RIGHT TO CONTEST SUCH PAYMENTS AS AN UNREASONABLE PENALTY.
(d) THE PARTIES ACKNOWLEDGE AND AGREE THAT MONEY

DAMAGES AND THE EXPRESS REMEDIES PROVIDED FOR HEREIN ARE AN

ADEQUATE REMEDY FOR THE BREACH BY THE OTHER OF THE TERMS OF THIS

AGREEMENT, AND EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO SPECIFIC

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PERFORMANCE WITH RESPECT TO ANY OBLIGATION OF THE OTHER PARTY UNDER THIS AGREEMENT.

ARTICLE 14: REPRESENTATIONS; WARRANTIES; COVENANTS

14.1 Seller’s Representations and Warranties. As of the Effective Date, Seller represents and warrants as follows:
(a) Seller is a limited liability company, duly organized, validly existing and in good standing under the laws of the State of California, and is qualified to conduct business in the State of California and each jurisdiction where the failure to so qualify would have a material adverse effect on the business or financial condition of Seller. (b) Seller has the power and authority to enter into and perform this Agreement and is not prohibited from entering into this Agreement or discharging and performing all covenants and obligations on its part to be performed under and pursuant to this Agreement. The execution, delivery and performance of this Agreement by Seller has been duly authorized by all necessary action on the part of Seller (evidence of such due authorization Seller shall provide to Buyer if requested) and does not and will not require the consent of any trustee or holder of any indebtedness or other obligation of Seller or any other party to any other agreement with Seller. (c) The execution and delivery of this Agreement, consummation of the transactions contemplated herein, and fulfillment of and compliance by Seller with the provisions of this Agreement will not conflict with or constitute a breach of or a default under any Law presently in effect having applicability to Seller, subject to any permits that have not yet been obtained by Seller, the documents of formation of Seller or any outstanding trust indenture, deed of trust, mortgage, loan agreement or other evidence of indebtedness or any other agreement or instrument to which Seller is a party or by which any of its property is bound. (d) This Agreement has been duly executed and delivered by Seller. This Agreement is a legal, valid and binding obligation of Seller enforceable in accordance with its terms, except as limited by laws of general applicability limiting the enforcement of creditors’ rights or by the exercise of judicial discretion in accordance with general principles of equity. (e) The Project is located in the State of California.
(f) Seller will be responsible for obtaining all permits necessary to construct and operate the Project and Seller will be the applicant on any CEQA documents. (g) Seller is familiar with conflict of interest Laws, including the California Political Reform Act, and Buyer’s board policies governing conflicts of interest; Seller is in compliance with such Laws and board policies and does not know of any facts that would violate such Laws and board policies; Seller and its officers and agents have not, directly or indirectly, offered, paid, promised, or authorized the giving of money or anything of value to any employee, director, officer of Buyer or governmental official in Riverside County, California or Los Angeles County, California for the purpose of influencing any act or decision of such employee, director, officer or government official in her official capacity; no officer or agent of Seller (i) is a government official in Riverside County, California or Los Angeles County, California or a family

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member of a government official in Riverside County, California or Los Angeles County, California or (ii) has a personal, business, or other relationship or association with any government official in Riverside County, California or Los Angeles County, California, or family member thereof, who may have responsibility for or oversight of any activities of Buyer; Seller does not employ any government official in Riverside County, California or Los Angeles County, California, or family member thereof.

14.2 Buyer’s Representations and Warranties. As of the Effective Date, Buyer represents and warrants as follows:
(a) Buyer is a joint powers authority and a validly existing community choice aggregator, duly organized, validly existing and in good standing under the laws of the State of California and the rules, regulations and orders of the CPUC, and is qualified to conduct business in each jurisdiction of the Joint Powers Agreement members. All Persons making up the governing body of Buyer are the elected or appointed incumbents in their positions and hold their positions in good standing in accordance with the Joint Powers Agreement and other Law. (b) Buyer has the power and authority to enter into and perform this Agreement and is not prohibited from entering into this Agreement or discharging and performing all covenants and obligations on its part to be performed under and pursuant to this Agreement, except where such failure does not have a material adverse effect on Buyer’s performance under this Agreement. The execution, delivery and performance of this Agreement by Buyer has been duly authorized by all necessary action on the part of Buyer and does not and will not require the consent of any trustee or holder of any indebtedness or other obligation of Buyer or any other party to any other agreement with Buyer.
(c) The execution and delivery of this Agreement, consummation of the transactions contemplated herein, and fulfillment of and compliance by Buyer with the provisions of this Agreement will not conflict with or constitute a breach of or a default under any Law presently in effect having applicability to Buyer, the documents of formation of Buyer or any outstanding trust indenture, deed of trust, mortgage, loan agreement or other evidence of indebtedness or any other agreement or instrument to which Buyer is a party or by which any of its property is bound.
(d) This Agreement has been duly executed and delivered by Buyer. This Agreement is a legal, valid and binding obligation of Buyer enforceable in accordance with its terms, except as limited by laws of general applicability limiting the enforcement of creditors’ rights or by the exercise of judicial discretion in accordance with general principles of equity. (e) Buyer warrants and covenants that with respect to its contractual obligations under this Agreement, it will not claim immunity on the grounds of sovereignty or similar grounds with respect to itself or its revenues or assets from (i) suit, (ii) jurisdiction of court (provided that such court is located within a venue permitted in law and under this Agreement), (iii) relief by way of injunction, order for specific performance or recovery of property, (iv) attachment of assets, or (v) execution or enforcement of any judgment; provided, however that nothing in this Agreement shall waive the obligations or rights set forth in the California Tort Claims Act (Government Code Section 810 et seq.).

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(f) Buyer is a “local public entity” as defined in Section 900.4 of the Government Code of the State of California.

14.3 General Covenants. Each Party covenants that commencing on the Effective Date and continuing throughout the Term it shall continue to be duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation and to be qualified to conduct business in the State of California and each jurisdiction where the failure to so qualify would have a material adverse effect on its business or financial condition.

14.4 Covenants of Seller. Seller covenants to and for the benefit of Buyer that throughout the Delivery Term (unless another time period is specified):
(a) Seller will (i) acquire and maintain all Governmental Approvals necessary for the construction, operation, and maintenance of the Project consistent with Safety Requirements, including any approvals required from the City of Santa Paula under the CEQA, (ii) Notify Buyer of any material modifications or lapse in renewal of Governmental Approvals, and (iii) at Buyer’s request, provide to Buyer digital copies of any Governmental Approvals. (b) Seller will use reasonable efforts to ensure that all employees hired by Seller, and its Contractors, that will perform construction work or provide services at the Site related to construction of the Project are paid wages at rates not less than those prevailing for workers performing similar work in the locality as provided by applicable California Law, if any. Nothing herein shall require Seller or its Contractors to comply with, or assume liability created by other inapplicable provisions of any California labor Laws. Buyer agrees that Seller’s obligations under this Section 14.4(b) will be satisfied upon the execution of a project labor agreement related to construction of the Project.
(c) Seller shall perform the obligations related to workforce development and community investment set forth in Appendix XII.
(d) Seller will deliver the Product to Buyer free and clear of all liens, security interests, claims and encumbrances or any interest therein or thereto by any Person. (e) Seller will take no action or permit any Person (other than Buyer) to take any action that would impair in any way Buyer’s ability to rely on the Project in order to satisfy its Compliance Obligations.
(f) Seller shall not transfer or assign the right to claim the Contract Amounts as an incremental resource for purposes of CPUC D.21-06-035 to any Person other than Buyer. (g) Seller shall operate the Project during the Delivery Term in accordance with Appendices I and II and Safety Requirements.
(h) Seller shall comply with all Utility Distribution Company, Participating Transmission Owner, and CAISO Tariff requirements applicable to energy storage facilities. (i) Seller shall follow all the rules set forth in Appendix A of the MUA Decision.

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ARTICLE 15: INDEMNITIES

15.1 Indemnity by Seller.
(a) Seller shall defend, indemnify and hold harmless Buyer, its directors, officers, agents, attorneys, employees, and representatives (“Buyer Group”) from and against all third party claims, demands, losses, liabilities, penalties, and expenses, including reasonable attorneys’ and expert witness fees, however described (collectively, “Claims”), which arise out of or relate to or are in any way connected with (i) Seller’s delivery of the Product to Buyer, (ii) Seller’s ownership, development, construction, operation or maintenance of the Project, including the Site(s); (iii) Seller’s actions or inactions, including Seller’s breach of this Agreement or other agreements related to the development, construction, ownership, operation or maintenance of the Project or Site (including any Claims relating to a Shortfall); (iv) any environmental matters associated with the Project, including the disposal and transportation of Hazardous Substances by or on behalf of the Seller or at the Seller’s direction or agreement; (v) any agreement between Seller or its Affiliates and a third party; or (vi) Seller’s violation of any applicable Law, Requirements, or other requirements of Transmission Provider, Utility Distribution Company, NERC, WECC or Reliability Organization; in each case including any loss, claim, action or suit, for or on account of injury to, bodily or otherwise, or death of, persons, or for damage to or destruction or economic loss of property belonging to Buyer, Seller, excepting only such losses, to the extent solely caused by the willful misconduct or gross negligence of a member of the Buyer Group (collectively, “Indemnifiable Losses”).
(b) Seller shall defend, indemnify and hold harmless the Buyer Group harmless from and against all Claims incurred by or brought against Buyer in connection with Environmental Costs.

15.2 Notice of Claim.
(a) Notice of Claim. Subject to the terms of this Agreement and upon obtaining knowledge of an Indemnifiable Loss for which it is entitled to indemnity under this Article 15, Buyer will promptly Notify Seller in writing of any Claim which Buyer has determined has given or could give rise to an Indemnifiable Loss under Section 15.1. The Notice is referred to as a “Notice of Claim.” A Notice of Claim will specify, in reasonable detail, the facts known to Buyer regarding the Indemnifiable Loss.
(b) Failure to Provide Notice. A failure to give timely Notice or to include any specified information in any Notice as provided in this Section 15.2 will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party which was entitled to receive such Notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a direct result of such failure and, provided further, Seller is not obligated to indemnify Buyer for the increased amount of any Indemnifiable Loss which would otherwise have been payable to the extent that the increase resulted from the failure to deliver timely a Notice of Claim.

15.3 Defense of Claims. If, within ten (10) days after giving a Notice of Claim regarding a Claim to Seller pursuant to Section 15.2(b), Buyer receives Notice from Seller that

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Seller has elected to assume the defense of such Claim as provided in the last sentence of Section

15.2(b), Seller will not be liable for any legal expenses subsequently incurred by Buyer in connection with the defense thereof; provided, however, that if Seller fails to take reasonable steps necessary to defend diligently such Claim within ten (10) days after receiving Notice from Buyer that Buyer believes Seller has failed to take such steps, or if Seller has not undertaken fully to indemnify Buyer in respect of all Indemnifiable Losses relating to the matter, Buyer may assume its own defense, and Seller will be liable for all costs or expenses, including attorneys’ fees, paid or incurred in connection therewith. Without the prior written consent of Buyer, Seller will not enter into any settlement of any Claim which would lead to liability or create any financial or other obligation on the part of Buyer for which Buyer is not entitled to indemnification hereunder; provided, however, that Seller may accept any settlement without the consent of Buyer if such settlement provides a full release to Buyer and no requirement that Buyer acknowledge fault or culpability. If a firm offer is made to settle a Claim without leading to liability or the creation of a financial or other obligation on the part of Buyer for which Buyer is not entitled to indemnification hereunder and Seller desires to accept and agrees to such offer, Seller will give Notice to Buyer to that effect. If Buyer fails to consent to such firm offer within ten (10) days after its receipt of such Notice, Buyer may continue to contest or defend such Claim and, in such event, the maximum liability of Seller to such Claim will be the amount of such settlement offer, plus reasonable costs and expenses paid or incurred by Buyer up to the date of such Notice.

15.4 Subrogation of Rights. Upon making any indemnity payment, Seller will, to the extent of such indemnity payment, be subrogated to all rights of the Buyer against any third party in respect of the Indemnifiable Loss to which the indemnity payment relates; provided that (a) Seller is in compliance with its obligations under this Agreement in respect of such Indemnifiable Loss, and (b) until Buyer recovers full payment of its Indemnifiable Loss, any and all claims of the Seller against any such third party on account of said indemnity payment are hereby made expressly subordinated and subjected in right of payment to Buyer’s rights against such third party.

Without limiting the generality or effect of any other provision hereof, Buyer and Seller shall execute upon request all instruments reasonably necessary to evidence and perfect the abovedescribed subrogation and subordination rights.

15.5 Rights and Remedies are Cumulative. The rights and remedies of a Party pursuant to this Article 15 are cumulative and in addition to the rights of the Parties otherwise provided in this Agreement, except with respect to any expressly exclusive remedies herein.

ARTICLE 16: INSURANCE

16.1 Insurance. Throughout the Term, Seller shall procure and maintain the following insurance coverage and require and cause its Contractors to maintain the same levels of coverage.

For the avoidance of doubt, the obligations of Seller in this Section 16.1 constitute a material obligation of this Agreement.
(a) Workers’ Compensation and Employers’ Liability.
(i) If it has employees, workers’ compensation insurance indicating compliance with any applicable labor codes, acts, Laws or statutes, California state or federal, where Seller performs Work.

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(ii) Employers’ liability insurance will not be less than one million dollars ($1,000,000.00) for injury or death occurring as a result of each accident. With regard to bodily injury by disease, the one million dollar ($1,000,000) policy limit will apply to each employee.
(b) Commercial General Liability.
(i) Commercial general liability insurance, including products and completed operations and personal injury insurance, in a minimum amount of two million dollars ($2,000,000) per occurrence, and an annual aggregate of not less than five million dollars ($5,000,000), endorsed to provide contractual liability in said amount, specifically covering Seller’s obligations under this Agreement and including Buyer as an additional named insured. (ii) An umbrella insurance policy in a minimum limit of liability of ten million dollars ($10,000,000).
(iii) Defense costs shall be provided as an additional benefit and not included within the limits of liability. Such insurance shall contain standard cross-liability and severability of interest provisions.
(c) Business Auto.
(i) Business auto insurance for bodily injury and property damage with limits of one million dollars ($1,000,000) per occurrence. (ii) Such insurance shall cover liability arising out of Seller’s use of all owned (if any), non-owned and hired vehicles, including trailers or semi-trailers in the performance of this Agreement.
(d) Construction All-Risk Insurance. During the construction of the Project prior to the Commercial Operation Date, construction all-risk form property insurance covering the Project during such construction periods, and naming Seller (and Lender if any) as the loss payee.
(e) Contractor’s Pollution Liability.
(i) If the scope of Work involves areas of known pollutants or contaminants, pollution liability coverage will be required to cover bodily injury, property damage, including clean-up costs and defense costs resulting from sudden, and accidental conditions, including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, hydrocarbons, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water shall be maintained.
(ii) The limit will be at least two million dollars ($2,000,000.00) each occurrence for bodily injury and property damage.
(iii) The policy will endorse Buyer as additional insured.

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16.2 Evidence of Insurance. Within ten (10) days after the Effective Date and upon annual renewal thereafter, Seller shall deliver to Buyer certificates of insurance evidencing the coverage required under this Agreement. These certificates shall specify that Buyer shall be given at least thirty (30) days prior Notice by Seller in the event of any material modification, reduction, cancellation or termination of coverage. Such insurance shall be primary coverage without right of contribution from any insurance of Buyer.

16.3 Failure to Comply. If Seller fails to comply with any of the provisions of this Article 16, Buyer may, but is not obligated, to purchase the insurance coverage required under Section 16.1 and set off the cost thereof from any amounts owed by Buyer to Seller under this Agreement.

ARTICLE 17: RECORDS AND AUDIT RIGHTS

17.1 Operations Logs. Seller shall maintain a complete and accurate log of all material operations on a daily basis. Such log will include, but not be limited to, information on charging, discharging, availability, maintenance performed, outages, electrical characteristics of the energy storage systems and similar information relating to the availability, testing and operation of the Project. Seller shall provide this information electronically to Buyer on a monthly basis. At the request of Buyer, the CPUC, or the staff of the CPUC, Seller shall provide all records demonstrating that the Project is operated and maintained in accordance with Requirements.

17.2 Records and Audit.
(a) Seller shall provide access to such financial records and personnel required by Buyer in order to facilitate Buyer’s compliance with applicable Law and Generally Accepted Accounting Principles.
(b) To facilitate payment and verification, each Party shall maintain all books and records necessary for billing and payments, including copies of all invoices under this Agreement, for a period of at least five (5) years or as otherwise required by Law. Seller will make all records available to Buyer at its principal place of business during normal working hours.

17.3 General Audit Right. Buyer has the right during normal working hours, and after reasonable Notice, to examine Seller’s records to the extent reasonably necessary to verify (a) Seller’s compliance with this Agreement (including Section 14.4), (b) the accuracy of any statement including the Project Safety Plan or other documents that supplement this Agreement, and (c) any charge, or computation made pursuant to this Agreement. If such examination reveals any material inaccuracy, necessary adjustments shall be made promptly.

17.4 State Auditor. In accordance with Government Code Section 8546.7, Seller may be subject to audit by the California State Auditor with regard to Seller's performance of this Agreement if the compensation under this Agreement exceeds ten thousand dollars ($10,000.00).

17.5 Data Request Cooperation. Each Party shall use reasonable efforts to assist the other Party in gathering information for and preparing responses to data requests and other inquiries from Governmental Authorities or Public Records Act requests that are related to or

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associated with the Project, delivery of Product or this Agreement, subject to the requirements of Article 20.

17.6 Access Rights. Buyer, its authorized agents, employees and inspectors, have, while observing and abiding by safety and security procedures of the Parties, the right of ingress to and egress from the Project, including the Site(s) with reasonable advance Notice and for any purposes connected with this Agreement. To the extent reasonably possible, Buyer will limit its requests to access the Project or the Site to normal business hours and coordinate its emergency activities with the safety and security departments, if any, of the Project operator. Seller shall keep Buyer advised of current procedures for contacting the Project operator’s safety and security departments.

ARTICLE 18: ASSIGNMENT

18.1 General Prohibition on Assignments. Except as provided below, neither Party may assign this Agreement or its rights or obligations under this Agreement, without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. Any Change of Control of Seller or direct or indirect change of control of Buyer (whether voluntary or by operation of law) will be deemed an assignment and will require the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed.

18.2 Collateral Assignment.
(a) Subject to the provisions of this Section 18.2, Seller has the right to assign this Agreement as collateral for any financing or refinancing of the Project. (b) In connection with any collateral assignment of this Agreement for purposes of the financing or refinancing of the Project by Seller, Buyer agrees to work in good faith with Seller and Lender to agree upon a consent to collateral assignment of this Agreement (“Collateral Assignment Agreement”). The Collateral Assignment Agreement must be in form and substance agreed to by Buyer, Seller and Lender.

18.3 Permitted Assignment by Seller. Except as may be precluded by, or would cause Buyer to be in violation of the Political Reform Act (Cal. Gov. Code section 81000 et seq.) or the regulations thereto, Cal. Government Code section 1090, Buyer’s Conflict of Interest Code/Policy or any other conflict of interest Law, Seller may, without the prior written consent of Buyer, transfer or assign this Agreement, including through a Change of Control, to an Affiliate of Seller.

18.4 Permitted Assignment by Buyer. Buyer may assign its interest in this Agreement to City of San Jacinto without Seller’s consent, provided that City of San Jacinto is a validly existing community choice aggregator, duly organized, validly existing and in good standing under the laws of the State of California and the rules, regulations and orders of the CPUC at such time and either (i) City of San Jacinto and this Agreement are still subject to a Member Lockbox Arrangement for the benefit of Seller in accordance with Section 10.5 or (ii) City of San Jacinto has provided other performance assurance reasonably acceptable to Seller; provided, further, that in each such case, no fewer than fifteen (15) Business Days before such assignment Buyer (x) notifies Seller of such assignment and (y) provides to Seller a written agreement signed by the Person to which Buyer wishes to assign its interests stating that such Person agrees to assume all

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of Buyer’s obligations and liabilities under this Agreement. Any assignment by Buyer, its successors or assigns under this Section 18.4 shall be of no force and effect unless and until such Notice and agreement by the assignee have been received and accepted by Seller.

18.5 Unauthorized Assignment; Costs.
(a) Any assignment or purported assignment in violation of this Article 18 is void.
(b) No assignment of this Agreement shall be effective unless such assignment is memorialized in a written agreement signed by the assignee and, except in connection with a collateral financing, in which agreement the assignee assumes all of the assignor’s obligations and liabilities under this Agreement.
(c) Seller shall be responsible for Buyer’s reasonable costs associated with the preparation, review, execution and delivery of documents in connection with any assignment of this Agreement, including without limitation reasonable attorneys’ fees.

ARTICLE 19: DISPUTE RESOLUTION

19.1 Governing Law. This Agreement and the rights and duties of the Parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the State of California, without regard to principles of conflicts of law. The Parties agree that any suit, action or other legal proceeding by or against any Party (or its Affiliates or designees) with respect to or arising out of this Agreement shall be brought in the federal courts of the United States Central District of California, or the courts of the State of California sitting in the County of Los Angeles, California.

19.2 Dispute Resolution. In the event of any dispute arising under this Agreement, within ten (10) days following the receipt of a written Notice from either Party identifying such dispute, the Parties shall meet, negotiate and attempt, in good faith, to resolve the dispute quickly, informally and inexpensively. If the Parties are unable to resolve a dispute arising hereunder within the earlier of either thirty (30) days of initiating such discussions, or within forty (40) days after Notice of the dispute, the parties shall submit the dispute to mediation prior to seeking any and all remedies available to it at law in or equity. The Parties will cooperate in selecting a qualified neutral mediator selected from a panel of neutrals and in scheduling the time and place of the mediation as soon as reasonably possible, but in no event later than thirty (30) days after the request for mediation is made. The Parties agree to participate in the mediation in good faith and to share the costs of the mediation, including the mediator’s fee, equally, but such shared costs shall not include each Party’s own attorneys’ fees and costs, which shall be borne solely by such Party. If the mediation is unsuccessful, then either Party may seek any and all remedies available to it at law or in equity, subject to the limitations set forth in this Agreement. To the fullest extent permitted under applicable Law, any statute of limitations applicable to a dispute that is mediated by the Parties pursuant to this Agreement shall toll during any period in which such dispute is being mediated in accordance with this Section 19.2.

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ARTICLE 20: CONFIDENTIAL INFORMATION

20.1 Confidential Information. Throughout the Term, neither Party shall disclose (a) the non-public terms or conditions of this Agreement or (b) information disclosed to such Party by the other Party that is (i) marked or expressly identified as “confidential” and (ii) accompanied by a statutory reference to the applicable section of the Public Records Act pursuant to which such information may be kept confidential (collectively, “Confidential Information”) to a third party.

20.2 Permitted Disclosures. A Party may disclose Confidential Information: (a) to the Party’s Affiliates and the Party’s and its Affiliate’s employees, counsel, accountants, advisors, lenders, or equity investors who have a need to know such information and have agreed to keep such terms confidential; (b) in order to comply with any applicable Law or any exchange, regulation, Balancing Authority, control area or Transmission Provider rule, or order issued by a court or entity with competent jurisdiction over the disclosing Party (“Disclosing Party”), other than to those entities set forth in subsection (c); or (c) in order to comply with any applicable regulation, rule, or order of the CPUC, CEC, or FERC.
(a) Procedure for Permitted Disclosures. In connection with requests made pursuant to Section 20.2(b) (“Disclosure Order”), each Party shall, to the extent practicable, use reasonable efforts to: (A) Notify the other Party prior to disclosing the Confidential Information and (B) prevent or limit such disclosure. After using such reasonable efforts, the Disclosing Party shall not be: (I) prohibited from complying with a Disclosure Order or (II) liable to the other Party for monetary or other damages incurred in connection with such disclosures of the Confidential Information.
(b) Disclosure Requests. If a Party (“Receiving Party”) receives a request from a third party for access to, or inspection, disclosure or copying of, any of the other Party’s (the “Supplying Party”) Confidential Information (“Disclosure Request”), then the Receiving Party shall provide Notice and a copy of the Disclosure Request to the Supplying Party promptly after receipt of the Disclosure Request. Within three (3) Business Days of receipt of such Notice, the Supplying Party may provide a Notice to the Receiving Party stating that the Supplying Party believes there are reasonable legal grounds for denying or objecting to the Disclosure Request and will seek a protective order or other judicial determination to protect the confidential information, in such case, the Supplying Party will cover all of its own costs and further agrees to indemnify and pay any and all costs incurred by Receiving Party as a result of the Supplying Party’s attempts to protect from disclosure the information. If the Supplying Party does not seek or does not receive a protective order or other judicial determination protecting the Confidential Information, the Receiving Party may disclose the Confidential Information, which disclosure will not be considered a violation of this Agreement. The Parties recognize that Buyer is a public entity subject to the provisions of the California Public Records Act, and that disclosures made thereunder shall not be considered a violation of this Agreement.

20.3 Remedies. Except as provided in Section 20.2 with respect to the Parties’ permitted disclosures, the Parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with, this confidentiality obligation.

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ARTICLE 21: GENERAL PROVISIONS

21.1 Entire Agreement; Integration; Exhibits. This Agreement constitutes the entire agreement and understanding between Seller and Buyer with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, which are of no further force or effect. The Cover Sheet and any exhibit, appendix, or other attachment hereto is an integral part hereof and is made a part of this Agreement by reference. This Agreement shall be considered for all purposes as prepared through the joint efforts of the Parties and shall not be construed against one Party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution hereof.

21.2 Amendments. This Agreement may only be amended, modified or supplemented by an instrument in writing executed by duly authorized representatives of Seller and Buyer; provided, that, for the avoidance of doubt, this Agreement may not be amended by electronic mail communications.

21.3 Survival. Applicable provisions of this Agreement shall continue in effect after termination, to the extent necessary to enforce or complete the duties, obligations or responsibilities of the Parties arising prior to termination. Notwithstanding anything to the contrary in this Agreement, (i) all rights under Sections 15.1 through 15.5 (Indemnities) and any other indemnity rights survive the end of the Term without limit, (ii) all audit rights under Sections

17.2 and 17.3 survive the end of the Term for an additional one (1) year, or as required by applicable Law, (iii) all rights and obligations under Article 20 (Confidentiality) survive the end of the Term without limit, and (iv) all provisions relating to limitations of liability survive without limit.

21.4 Waivers. Waiver by a Party of any default by the other Party shall not be construed as a waiver of any other default. Any waiver of a default under this Agreement must appear in a writing signed by the waiving Party.

21.5 No Agency, Partnership, Joint Venture or Lease. Seller and the agents and employees of Seller shall, in the performance of this Agreement, act in an independent capacity and not as officers or employees or agents of Buyer. Under this Agreement, Seller and Buyer intend to act as Product seller and Product purchaser, respectively, and do not intend to be treated as, and shall not act as, partners in, co-venturers in or lessor/lessee with respect to the Project, the Product or any business related to the Project. This Agreement shall not impart any rights enforceable by any third party other than a permitted successor or assignee bound to this Agreement or, to the extent set forth herein, any Lender or indemnitee. In no event shall Buyer’s receipt or review of any Seller submission, or Buyer’s monitoring of Project data or cooperation in Project operations be construed as an assumption of any responsibility, liability or obligation of Seller for the design, construction or operation of the Project.

21.6 Severability. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, the Parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. The Parties shall, however, use their best endeavors to agree on the replacement of the void, illegal or unenforceable provision(s) with legally

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acceptable clauses which correspond as closely as possible to the sense and purpose of the affected provision and this Agreement as a whole.

21.7 Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party shall seek, nor shall they support any third party seeking, to prospectively or retroactively revise the rates, terms or conditions of service of this Agreement through application or complaint to the FERC pursuant to the provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior written agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party, or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United States Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956), and clarified by Morgan Stanley Capital Group, Inc. v. Public Util. Dist. No. 1 of Snohomish, 554 U.S. 527 (2008) and NRG Power Mrkt’g, LLC v. Maine Pub. Util. Comm’n, 558 U.S. 165 (2010).

21.8 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument and each of which shall be deemed an original.

21.9 Electronic Delivery. This Agreement may be duly executed and delivered by a Party by execution and electronic format (including portable document format (.pdf)) delivery of the signature page of a counterpart to the other Party, provided that any digital signatures are in compliance with California Code of Regulations, Title 2, Division 7, Chapter 10, Sections 22000 – 22005.

21.10 No Recourse to Members of Buyer. Buyer is organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) pursuant to its Joint Powers Agreement and is a public entity separate from its constituent members. Except as set forth in Section 21.11, Buyer shall solely be responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. Except as otherwise set forth in this Agreement with respect to the Member Lockbox Arrangement, Seller shall have no rights and shall not make any claims, take any actions or assert any remedies against any of Buyer’s constituent members, or the employees, directors, officers, consultants or advisors or Buyer or its constituent members, in connection with this Agreement.

21.11 Lockbox Account. For so long as the Member Lockbox Arrangement exists, Buyer’s obligations to make payments with respect to this Agreement are to be made solely from the Member Lockbox Account, as set forth in the applicable Member Security Agreement. For so long as either (a) the Member Lockbox Arrangement exists or (b) Member has provided and continues to maintain Member Performance Security for the benefit of Seller, obligations to make payments under this Agreement do not constitute any kind of indebtedness of Member or create any kind of lien on, or security interest in, any property or revenues of Member, except as set forth in the Member Lockbox Arrangement or Member Performance Security, as applicable.

21.12 Forward Contract. The Parties intend that this Agreement constitutes a “forward contract” within the meaning of the U.S. Bankruptcy Code, and Buyer and Seller are “forward contract merchants” within the meaning of the U.S. Bankruptcy Code. Each Party agrees that, for

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all purposes of this Agreement, each Party waives and agrees not to assert the applicability of the provisions of 11 U.S.C. § 366 in any bankruptcy proceeding wherein such Party is a debtor. In any such proceeding, each Party further waives the right to assert that the other Party is a provider of last resort to the extent such term relates to 11 U.S.C. §366 or another provision of 11 U.S.C. § 101-1532.

21.13 Further Assurances. Each of the Parties hereto agree to provide such information, execute and deliver any instruments and documents and to take such other actions as may be necessary or reasonably requested by the other Party which are not inconsistent with the provisions of this Agreement and which do not involve the assumptions of obligations other than those provided for in this Agreement, to give full effect to this Agreement and to carry out the intent of this Agreement.

ARTICLE 22: NOTICES

22.1 Addresses for the Delivery of Notices. Any Notice required, permitted, or contemplated hereunder shall be in writing, shall be addressed to the Party to be notified at the address set forth on Appendix VIII or at such other address or addresses as a Party may designate for itself from time to time by Notice hereunder.

22.2 Time of Delivery. Each Notice required, permitted, or contemplated hereunder shall be deemed to have been validly served, given or delivered as follows: (a) if sent by United States mail with proper first class postage prepaid, three (3) Business Days following the date of the postmark on the envelope in which such Notice was deposited in the United States mail; (b) if sent by a regularly scheduled overnight delivery carrier with delivery fees either prepaid or an arrangement with such carrier made for the payment of such fees, the next Business Day after the same is delivered by the sending Party to such carrier; (c) if sent by electronic communication (including electronic mail or other electronic means) and if concurrently with the transmittal of such electronic communication the sending Party provides a copy of such electronic Notice by hand delivery, United States mail, or express courier, at the time indicated by the time stamp upon delivery; or (d) if delivered in person, upon receipt by the receiving Party. Notwithstanding the foregoing, Notices of outages or other scheduling or dispatch information or requests, may be sent by electronic communication and shall be considered delivered upon successful completion of such transmission.

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SIGNATURES
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date.

SANTA PAULA ENERGY STORAGE,
LLC
By:

Name:

Title:

CALIFORNIA CHOICE ENERGY
AUTHORITY, a California joint powers
authority
By:

Name:

Title:

Acknowledged: City of San Jacinto, a California municipal corporation (d/b/a San Jacinto Power)

CITY OF SAN JACINTO
By:

Name:

Title:

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APPENDIX I

DESCRIPTION OF PROJECT
The following describes the Project to be constructed, operated and maintained by Seller through the Term in accordance with the Agreement.

A. PROJECT DESCRIPTION
Project name: Santa Paula Energy Storage
Technology type: Lithium-Ion Battery Energy Storage
Project physical address: 132 North 13th Street, Santa Paula, CA 93060 Interconnection:

CAISO transmission access charge area (e.g. PG&E): SCE
Point of interconnection: SCE Wakefield Substation 66 kV bus Existing zone (e.g. NP-15): SP-15
PNode: TBD
CAISO Resource ID: TBD
B. PROJECT SIZE
Nameplate capacity (NQC): 15 MW

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The following describes the Operational Characteristics to determine the amount of Capacity Attributes of Product generated by the entire Project, including Capacity Attributes of Product associated with portions of the Project that are being purchased by third parties. The Capacity Attributes of Product being sold and transferred under this Agreement are limited to the Contract Amounts set forth on the Cover Sheet.

APPENDIX II

OPERATIONAL CHARACTERISTICS
The following describes the Operational Characteristics to determine the amount of Capacity Attributes of Product.

Physical Location and Point of Interconnection
Shall be as set forth in Appendix I-A.

Discharging and Charging
Maximum continuous discharge power (Dmax): 15 MW
Minimum continuous discharge power (Dmin): .25 MW
Maximum discharge duration at constant Dmax : 4 (hours) Maximum continuous charge power (Cmax): -15 MW
Minimum continuous charge power (Cmin): - .25 MW
Maximum charge duration at constant Cmax: 4.7 (hours)
Amount of Energy released to fully discharge: 60 MWh
Amount of Energy required to fully charge: 70.6 MWh
Round-trip efficiency: 85 %

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Ramp Rates
Dmin to Dmax: 15 MW/second
Cmin to Cmax: -15 MW/second
Dmax to Dmin: -15 MW/second
Cmax to Cmin: 15 MW/second
System Response Time
Idle to Dmax: 1 second
Idle to Cmax: 1 second
Dmax to Cmax: 1 second
Cmax to Dmax: 1 second
Dmin to Cmin: 1 second
Cmin to Dmin: 1 second
Discharge Start-up time (from notification to Dmin): 5 seconds Charge Start-up time (from notification to Cmin): 5seconds Discharge Start-up Fuel: 9 MMBtu
Starts and other Run Time Limitations
Start limitations: None
Run hour limitations: None
The minimum run time after a Discharge Start-up is 0 seconds The minimum run time after a Charge Start-up is 0 seconds The minimum down time after a shutdown is 0 seconds
Ancillary Services (defined terms below have the meaning found in the CAISO Tariff as of the Effective Date):

At ISO conditions, normal efficiency mode:

Spinning Reserves: Range: -15 to 15 MW
Non-Spinning Reserves: Range: -15 to 15 MW

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Regulation Up: Range: -15 to 15 MW
Regulation Down: Range: -15 to 15 MW
Black Start capability (if applicable):

Other:

Voltage Services
Generator voltage regulation range (+/-): 0.90 volts per unit Maximum reactive power leading: 15 mega volt amps reactive (MVar) Maximum reactive power lagging: 15 mega volt amps reactive (MVar)

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APPENDIX III

PROGRESS REPORTING FORM
Each Progress Report must include the following items:

1. Executive Summary.

2. Project description.

3. Site plan of the Project.

4. Description of any material planned changes to the Project or the Site.

5. Schedule showing progress on Project construction generally and achieving the Commercial Operation Milestone and the Initial Delivery Date.

6. Summary of activities during the previous month, including any OSHA labor hour reports.

7. Forecast of activities scheduled for the current calendar quarter.

8. Written description about the progress relative to the Commercial Operation Milestone and the Initial Delivery Date, including whether Seller is on schedule with respect to the same.

9. List of issues that are likely to potentially affect achievement of the Commercial Operation Milestone and the Initial Delivery Date.

10. Progress and schedule of the EPC Contract, all major equipment supply agreements, Governmental Approvals, technical studies, and financing arrangements.

11. Pictures, in sufficient quantity and of appropriate detail, in order to document construction and interconnection progress.

12. Compliance with workforce and prevailing wage requirements.

13. Any other documentation reasonably requested by Buyer.

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APPENDIX IV

CERTIFICATION

FOR COMMERCIAL OPERATION
This certification of commercial operation (“Certification”) is delivered by each of _______ (“Seller”) and ________ (“Engineer”) to California Choice Energy Authority, a California joint powers authority (“Buyer”) in accordance with the terms of that certain Energy Storage Resource Adequacy Agreement dated _______ (“Agreement”) by and between Seller and Buyer. All capitalized terms used in this Certification but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement.

Seller and Engineer each hereby certifies and represents to Buyer the following, severally and not jointly:
(1) The Project became Commercially Operable on [ ].
(2) The Project has been constructed in accordance with Appendix I of the Agreement. (3) The Project has been constructed in accordance with the Project Safety Plan. (4) The Project is capable of producing and delivering Capacity Attributes of Product in the Contract Amounts, and a performance test was conducted to confirm this capability.
(5) Seller has designed and built the Project to have a design life for the Delivery Term in accordance with Prudent Operating Practices.
(6) The design and construction of the Project was carried out by the original equipment manufacturer or other qualified organization in accordance with the designs and requirements of the original equipment manufacturer.

SELLER: ENGINEER:

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

License
Number:

LPE Stamp:

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APPENDIX V-A

FORM OF LETTER OF CREDIT
[Issuing Bank Letterhead and Address]
IRREVOCABLE STANDBY LETTER OF CREDIT NO. [XXXXXXX]
Date:

Bank Ref.:

Amount: US$[XXXXXXXX]
Expiry Date:

Beneficiary:

California Choice Energy Authority
44933 Fern Avenue
Lancaster, CA 93534
Attn: Executive Director
Ladies and Gentlemen:

By the order of __________ (“Applicant”), we, [insert bank name and address] (“Issuer”) hereby issue our Irrevocable Standby Letter of Credit No. [XXXXXXX] (the “Letter of Credit”) in favor of California Choice Energy Authority, a California joint powers authority (“Beneficiary”), for an amount not to exceed the aggregate sum of U.S. $[XXXXXX] (United States Dollars [XXXXX] and 00/100), pursuant to that certain Energy Storage Resource Adequacy Agreement dated as of ______ and as amended (the “Agreement”) between Applicant and Beneficiary. This Letter of Credit shall become effective immediately and shall expire on [Insert Date] which is one year after the issue date of this Letter of Credit, or any expiration date extended in accordance with the terms hereof (the “Expiration Date”).

Funds under this Letter of Credit are available to Beneficiary by presentation on or before the Expiration Date of a dated statement purportedly signed by your duly authorized representative, in the form attached hereto as Exhibit A, containing one of the two alternative paragraphs set forth in paragraph 2 therein, referencing our Letter of Credit No. [XXXXXXX] (“Drawing Certificate”).

The Drawing Certificate may be presented by (a) physical delivery, (b) as a PDF attachment to an e-mail to [bank email address] or (c) facsimile to [bank fax number [XXX-XXX-XXXX]] confirmed by [e-mail to [bank email address]]. Transmittal by facsimile or email shall be deemed delivered when received.

The original of this Letter of Credit (and all amendments, if any) is not required to be presented in connection with any presentment of a Drawing Certificate by Beneficiary hereunder in order to receive payment.

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We hereby agree with the Beneficiary that all documents presented under and in compliance with the terms of this Letter of Credit, that such drafts will be duly honored upon presentation to the Issuer on or before the Expiration Date. All payments made under this Letter of Credit shall be made with Issuer’s own immediately available funds by means of wire transfer in immediately available United States dollars to Beneficiary’s account as indicated by Beneficiary in its Drawing Certificate or in a communication accompanying its Drawing Certificate.

Partial draws are permitted under this Letter of Credit, and this Letter of Credit shall remain in full force and effect with respect to any continuing balance.

It is a condition of this Letter of Credit that the Expiration Date shall be deemed automatically extended without an amendment for a one year period beginning on the present Expiration Date hereof and upon each anniversary for such date, unless at least one hundred twenty (120) days prior to any such Expiration Date we have sent to you written notice by overnight courier service that we elect not to extend this Letter of Credit, in which case it will expire on the date specified in such notice. No presentation made under this Letter of Credit after such Expiration Date will be honored.

Notwithstanding any reference in this Letter of Credit to any other documents, instruments or agreements, this Letter of Credit contains the entire agreement between Beneficiary and Issuer relating to the obligations of Issuer hereunder.

This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication No. 600 (the “UCP”), except to the extent that the terms hereof are inconsistent with the provisions of the UCP, including but not limited to Articles 14(b) and 36 of the UCP, in which case the terms of this Letter of Credit shall govern. In the event of an act of God, riot, civil commotion, insurrection, war or any other cause beyond Issuer’s control (as defined in Article 36 of the UCP) that interrupts Issuer’s business and causes the place for presentation of the Letter of Credit to be closed for business on the last day for presentation, the Expiration Date of the Letter of Credit will be automatically extended without amendment to a date thirty (30) calendar days after the place for presentation reopens for business.

Please address all correspondence regarding this Letter of Credit to the attention of the Letter of Credit Department at [insert bank address information], referring specifically to Issuer’s Letter of Credit No. [XXXXXXX]. For telephone assistance, please contact Issuer’s Standby Letter of Credit Department at [XXX-XXX-XXXX] and have this Letter of Credit available. [Bank Name]
___________________________
[Insert officer name]
[Insert officer title]

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(DRAW REQUEST SHOULD BE ON BENEFICIARY’S LETTERHEAD)
Drawing Certificate
[Insert Bank Name and Address]
Ladies and Gentlemen:

The undersigned, a duly authorized representative of California Choice Energy Authority, a California joint powers authority, 44933 Fern Avenue Lancaster, CA 93534, as beneficiary (the “Beneficiary”) of the Irrevocable Letter of Credit No. [XXXXXXX] (the “Letter of Credit”) issued by [insert bank name] (the “Bank”) by order of __________ (the “Applicant”), hereby certifies to the Bank as follows:

1. Applicant and Beneficiary are party to that certain Energy Storage Resource Adequacy Agreement dated as of ___________, 2022 (the “Agreement”).

2. Beneficiary is making a drawing under this Letter of Credit in the amount of U.S. $___________ because a Seller’s Event of Default (as such term is defined in the Agreement) has occurred or other occasion provided for in the Agreement where Beneficiary is authorized to draw on the Letter of Credit has occurred.

OR
Beneficiary is making a drawing under this Letter of Credit in the amount of U.S. $___________, which equals the full available amount under the Letter of Credit, because Applicant is required to maintain the Letter of Credit in force and effect beyond the expiration date of the Letter of Credit but has failed to provide Beneficiary with a replacement Letter of Credit or other acceptable instrument within thirty (30) days prior to such expiration date.

3. The undersigned is a duly authorized representative of California Choice Energy Authority and is authorized to execute and deliver this Drawing Certificate on behalf of Beneficiary.

You are hereby directed to make payment of the requested amount to California Choice Energy Authority by wire transfer in immediately available funds to the following account:
[Specify account information]
California Choice Energy Authority
_______________________________
Name and Title of Authorized Representative
Date___________________________

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APPENDIX V-B

FORM OF GUARANTY
This Guaranty (this “Guaranty”) is entered into as of [_____] (the “Effective Date”) by and between [_____], a [______] (“Guarantor”), and California Choice Energy Authority, a California joint powers authority (together with its successors and permitted assigns, “Buyer”).

Recitals
A. Buyer and [SELLER ENTITY], a _____________________ (“Seller”), entered into that certain Energy Storage Resource Adequacy Agreement (as amended, restated or otherwise modified from time to time, the “RA Agreement”) dated as of [____], 2022.

B. Guarantor is entering into this Guaranty as Delivery Term Security to secure Seller’s obligations under the RA Agreement, as required by Section 10.2 of the RA Agreement.

C. It is in the best interest of Guarantor to execute this Guaranty inasmuch as Guarantor will derive substantial direct and indirect benefits from the execution and delivery of the RA Agreement.

D. Initially capitalized terms used but not defined herein have the meaning set forth in the RA Agreement.

Agreement

1. Guaranty. For value received, Guarantor does hereby unconditionally, absolutely and irrevocably guarantee, as primary obligor and not as a surety, to Buyer the full, complete and prompt payment by Seller of any and all amounts and payment obligations now or hereafter owing from Seller to Buyer under the RA Agreement, including, without limitation, compensation for penalties, the Termination Payment, indemnification payments or other damages, as and when required pursuant to the terms of the RA Agreement (the “Guaranteed Amount”), provided, that Guarantor’s aggregate liability under or arising out of this Guaranty shall not exceed [XXXXXXXXXX] ($XXXXX) (the “Liability Limit”). The Parties understand and agree that any payment by Guarantor or Seller of any portion of the Guaranteed Amount shall thereafter reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for-dollar basis. This Guaranty is an irrevocable, absolute, unconditional and continuing guarantee of the full and punctual payment and performance, and not of collection, of the Guaranteed Amount and, except as otherwise expressly addressed herein, is in no way conditioned upon any requirement that Buyer first attempt to collect the payment of the Guaranteed Amount from Seller, any other guarantor of the Guaranteed Amount or any other Person or entity or resort to any other means of obtaining payment of the Guaranteed Amount. In the event Seller shall fail to duly, completely or punctually pay any Guaranteed Amount as required pursuant to the RA Agreement, Guarantor shall promptly pay such amount as required herein.

2. Demand Notice. For avoidance of doubt, a payment shall be due for purposes of this Guaranty only when and if a payment is due and payable by Seller to Buyer under the terms and conditions of the RA Agreement. If Seller fails to pay any Guaranteed Amount as

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required pursuant to the RA Agreement for ten (10) Business Days following Seller’s receipt of Buyer’s written notice of such failure (the “Demand Notice”), then Buyer may elect to exercise its rights under this Guaranty and may make a demand upon Guarantor (a “Payment Demand”) for such unpaid Guaranteed Amount. A Payment Demand shall be in writing and shall reasonably specify in what manner and what amount Seller has failed to pay and an explanation of why such payment is due and owing, with a specific statement that Buyer is requesting that Guarantor pay under this Guaranty. Guarantor shall, within five (5) Business Days following its receipt of the Payment Demand, pay the Guaranteed Amount to Buyer.

3. Scope and Duration of Guaranty. This Guaranty applies only to the Guaranteed Amount.

This Guaranty shall continue in full force and effect from the Effective Date until the following have occurred: (x) all Guaranteed Amounts have been paid in full (whether directly or indirectly through set-off or netting of amounts owed by Buyer to Seller) and the Delivery Term has expired or terminated early or (y) replacement Delivery Term Security is provided in an amount and form required by the terms of the RA Agreement.

Further, this Guaranty (a) shall remain in full force and effect without regard to, and shall not be affected or impaired by any invalidity, irregularity or unenforceability in whole or in part of this Guaranty, and (b) subject to the preceding sentence, shall be discharged only by complete performance of the undertakings herein. Without limiting the generality of the foregoing, the obligations of the Guarantor hereunder shall not be released, discharged, or otherwise affected and this Guaranty shall not be invalidated or impaired or otherwise affected for the following reasons:
(i) the extension of time for the payment of any Guaranteed Amount, or
(ii) any amendment, modification or other alteration of the RA Agreement, or
(iii) any indemnity agreement Seller may have from any party, or (iv) any insurance that may be available to cover any loss, except to the extent insurance proceeds are used to satisfy the Guaranteed Amount, or (v) any voluntary or involuntary liquidation, dissolution, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, composition or readjustment of, or other similar proceeding affecting, Seller or any of its assets, including but not limited to any rejection or other discharge of Seller’s obligations under the RA Agreement imposed by any court, trustee or custodian or any similar official or imposed by any law, statue or regulation, in each such event in any such proceeding, or (vi) the release, modification, waiver or failure to pursue or seek relief with respect to any other guaranty, pledge or security device whatsoever, or (vii) any payment to Buyer by Seller that Buyer subsequently returns to Seller pursuant to court order in any bankruptcy or other debtor-relief proceeding,

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or
(viii) those defenses based upon (A) the legal incapacity or lack of power or authority of any Person, including Seller and any representative of Seller to enter into the RA Agreement or perform its obligations thereunder, (B) lack of due execution, delivery, validity or enforceability, including of the RA Agreement, or (C) Seller’s inability to pay any Guaranteed Amount or perform its obligations under the RA Agreement, or
(ix) any other event or circumstance that may now or hereafter constitute a defense to payment of the Guaranteed Amount, including, without limitation, statute of frauds and accord and satisfaction;
provided that Guarantor reserves the right to assert for itself any defenses, setoffs or counterclaims that Seller is or may be entitled to assert against Buyer (except for such defenses, setoffs or counterclaims that may be asserted by Seller with respect to the RA Agreement, but that are expressly waived under any provision of this Guaranty).

4. Waivers by Guarantor. Guarantor hereby unconditionally waives as a condition precedent to the performance of its obligations hereunder, with the exception of the requirements in Paragraph 2, (a) notice of acceptance, presentment or protest with respect to the Guaranteed Amounts and this Guaranty, (b) notice of any action taken or omitted to be taken by Buyer in reliance hereon, (c) any requirement that Buyer exhaust any right, power or remedy or proceed against Seller under the RA Agreement, and (d) any event, occurrence or other circumstance which might otherwise constitute a legal or equitable discharge of a surety. Without limiting the generality of the foregoing waiver of surety defenses, it is agreed that the occurrence of any one or more of the following shall not affect the liability of Guarantor hereunder:
(i) at any time or from time to time, without notice to Guarantor, the time for payment of any Guaranteed Amount shall be extended, or such performance or compliance shall be waived;
(ii) the obligation to pay any Guaranteed Amount shall be modified, supplemented or amended in any respect in accordance with the terms of the RA Agreement;
(iii) any (a) sale, transfer or consolidation of Seller into or with any other entity, (b) sale of substantial assets by, or restructuring of the corporate existence of, Seller or (c) change in ownership of any membership interests of, or other ownership interests in, Seller; or
(iv) the failure by Buyer or any other Person to create, preserve, validate, perfect or protect any security interest granted to, or in favor of, Buyer or any Person.

5. Subrogation. Notwithstanding any payments that may be made hereunder by the Guarantor, Guarantor hereby agrees that until the earlier of payment in full of all

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Guaranteed Amounts or expiration of the Guaranty in accordance with Section 3, it shall not be entitled to, nor shall it seek to, exercise any right or remedy arising by reason of its payment of any Guaranteed Amount under this Guaranty, whether by subrogation or otherwise, against Seller or seek contribution or reimbursement of such payments from Seller.

6. Representations and Warranties. Guarantor hereby represents and warrants that (a) it has all necessary and appropriate [limited liability company][corporate] powers and authority and the legal right to execute and deliver, and perform its obligations under, this Guaranty, (b) this Guaranty constitutes its legal, valid and binding obligations enforceable against it in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, moratorium and other similar Laws affecting enforcement of creditors’ rights or general principles of equity, (c) the execution, delivery and performance of this Guaranty does not and will not contravene Guarantor’s organizational documents, any applicable Law or any contractual provisions binding on or affecting Guarantor, (d) there are no actions, suits or proceedings pending before any court, governmental agency or arbitrator, or, to the knowledge of the Guarantor, threatened, against or affecting Guarantor or any of its properties or revenues which may, in any one case or in the aggregate, adversely affect the ability of Guarantor to enter into or perform its obligations under this Guaranty, and (e) no consent or authorization of, filing with, or other act by or in respect of, any arbitrator or Governmental Authority, and no consent of any other Person (including, any stockholder or creditor of the Guarantor), that has not heretofore been obtained is required in connection with the execution, delivery, performance, validity or enforceability of this Guaranty by Guarantor.

7. Notices. Notices under this Guaranty shall be deemed received if sent to the address specified below: (i) on the day received if served by overnight express delivery, and (ii) four (4) Business Days after mailing if sent by certified, first class mail, return receipt requested. If transmitted by facsimile, such notice shall be deemed received when the confirmation of transmission thereof is received by the party giving the notice. Any party may change its address or facsimile to which notice is given hereunder by providing notice of the same in accordance with this Paragraph 7.

If delivered to Buyer, to it at [____]
Attn: [____]
Fax: [____]
If delivered to Guarantor, to it at [____]
Attn: [____]
Fax: [____]

8. Governing Law and Forum Selection. This Guaranty shall be governed by, and interpreted and construed in accordance with, the laws of the United States and the State of California, excluding choice of law rules. The Parties agree that any suit, action or other

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legal proceeding by or against any party (or its affiliates or designees) with respect to or arising out of this Guaranty shall be brought in the federal courts of the United States or the courts of the State of California sitting in the City and County of Los Angeles, California.

9. Miscellaneous. This Guaranty shall be binding upon Guarantor and its successors and assigns and shall inure to the benefit of Buyer and its successors and permitted assigns pursuant to the RA Agreement. No provision of this Guaranty may be amended or waived except by a written instrument executed by Guarantor and Buyer. This Guaranty is not assignable by Guarantor without the prior written consent of Buyer. No provision of this Guaranty confers, nor is any provision intended to confer, upon any third party (other than Buyer’s successors and permitted assigns) any benefit or right enforceable at the option of that third party. This Guaranty embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings of the parties hereto, verbal or written, relating to the subject matter hereof. If any provision of this Guaranty is determined to be illegal or unenforceable (i) such provision shall be deemed restated in accordance with applicable Laws to reflect, as nearly as possible, the original intention of the parties hereto and (ii) such determination shall not affect any other provision of this Guaranty and all other provisions shall remain in full force and effect. This Guaranty may be executed in any number of separate counterparts, each of which when so executed shall be deemed an original, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. This Guaranty may be executed and delivered by electronic means with the same force and effect as if the same was a fully executed and delivered original manual counterpart.
[Signature on next page]

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IN WITNESS WHEREOF, the undersigned has caused this Guaranty to be duly executed and delivered by its duly authorized representative on the date first above written.

GUARANTOR:
[_______]
By:______________________________
Printed Name:__________________
Title:____________________________
BUYER:
[_______]
By:______________________________
Printed Name:__________________
Title:____________________________
By:______________________________
Printed Name:__________________
Title:____________________________

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APPENDIX VI

PROJECT SAFETY PLAN AND DOCUMENTATION
Project Safety Plan Elements:

Part One: Safety Requirements and Safety Programs
Identify the applicable safety-related codes, standards, and regulations (CSR) which govern the design, construction, operation, maintenance of the Project using the proposed technology.

Describe the Seller’s and the Seller’s Contractor(s)’ safety programs and policies. Describe Seller’s compliance with any safety-related industry standards or any industry certifications (American National Standards Institute (ANSI), International Organization for Standardization (ISO), etc.), if applicable.

Part Two: Project Design and Description
Describe Seller’s safety engineering approach to select equipment and design systems and the Project to reduce risks and mitigate the impacts of safety-related incidents, including cascading failures, excessive temperatures, thermal runaways, fires, explosions, disk fractures, hazardous chemical releases.

Describe the results of any failure mode effects analyses (FMEA) or similar safety engineering evaluations. In the case of lithium ion batteries, describe the safety-related reasons, including design features and historical safety records, for selecting particular anode and cathode materials and a particular manufacturer.

Provide a list of major facility components, systems, materials, and associated equipment, which includes but is not limited to, the following information:
a) Equipment manufacturer’s datasheet, model numbers, etc., b) Technical specifications,
c) Equipment safety-related certifications (e.g. UL),
d) Safety-related systems, and
e) Approximate volumes and types of hazardous materials expected to be on Site.

Part Three: Project Safety Management
Identify and describe any hazards and risks to life, safety, public health, property, or the environment due to or arising from the Project. Describe the Seller’s applicable site-specific safety plans, risk mitigation, Safeguards and layers of protection, including but not necessarily limited to:
a) Engineering controls,
b) Work practices,
c) Administrative controls,
d) Personal protective equipment and procedures,
e) Incident response and recovery plans,
f) Contractor pre-qualification and management,

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g) Operating procedures,
h) Emergency plans,
i) Training and qualification programs,
j) Disposal, recycle, transportation and reuse procedures, and k) Physical security measures.

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APPENDIX VII

MUA DECISION ATTESTATION
This attestation is delivered by _______(“Seller”) to California Choice Energy Authority, a California joint powers authority (“Buyer”) in accordance with the terms of that certain Energy Storage Resource Adequacy Agreement dated _______ (“Agreement”) by and between Seller and Buyer. All capitalized terms used in this attestation but not otherwise defined herein shall have the respective meanings assigned to such terms in the Agreement.

Seller hereby certifies and represents to Buyer, as of the date set forth below, that with regard to the Project, Seller is following all the rules set forth in Appendix A of CPUC Decision 18-01-003 on Multiple-Use Application Issues, issued January 17, 2018, regarding the multiple-use applications of energy storage facilities.

EXECUTED by SELLER this ________ day of _____________, 20__.

Signature:

Name:

Title:

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APPENDIX VIII

NOTICES

SELLER BUYER
All Notices:

Name: Santa Paula Energy Storage, LLC
Street: 65 Enterprise, 3rd Floor
City: Aliso Viejo, CA. 92656
Attn: Development
Phone: (949) 330-6300
Email: [email protected]
With a copy to:

Rishad Olpadwala, Vice President
Development
65 Enterprise, 3rd Floor
Aliso Viejo, CA 92656
[email protected]
All Notices:

California Choice Energy Authority
Attn: Cathy DeFalco
44933 Fern Avenue
Lancaster, CA 93534
Phone: 805-260-9047
E-mail: [email protected]
Invoices:

Attn: Lizette Vidrio
Phone: (949) 330-6300
E-mail: [email protected]
Invoices:

Attn: Brian Goldstein
Phone: 215-498-0175
Email: [email protected]
Scheduling:

Attn: Lizette Vidrio
Phone: (949) 330-6300
Email: [email protected]
Scheduling:

Attn: Brian Goldstein
Phone: 215-498-0175
Email: [email protected]
Payments:

Attn: Lizette Vidrio
Phone: (949) 330-6300
E-mail: [email protected]
Payments:

Attn: Brian Goldstein
Phone: 215-498-0175
Email: [email protected]
Wire Transfer:

BNK:

ABA:

ACCT:

Wire Transfer:

BNK: Wells Fargo
ABA:121000248
ACCT: *****8540
Emergency Contact:

Attn: Lizette Vidrio, Director of Asset
Management
Phone: (949) 330-6300
E-mail:[email protected]
Emergency Contact:

Attn: Cathy DeFalco
Phone: 805-260-9047
E-mail: [email protected]

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APPENDIX IX

APPROVED CONTRACTORS

1. Hitachi Energy USA Inc.

2. Goldstar Construction, Inc.

3. DynaPower Company

4. MMR Constructors, Inc.

5. Powin Energy Corporation

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APPENDIX X
[NOT USED]

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APPENDIX XI
[NOT USED]

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APPENDIX XII

WORKFORCE DEVELOPMENT AND COMMUNITY INVESTMENT OBLIGATIONS Seller shall conduct outreach with qualified local contractors, so that local firms have a fair opportunity to compete for Project construction contracts. In addition, Seller shall require that construction contractors utilize locally sourced labor to the extent practicable.

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END OF AGREEMENT

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Packet Pg. 222 Attachment: CCEA for SJ-Santa Paula_Storage RA Agreement_Proposed Execution Version_4-27-2022 (SJP - Long-Term RA Agreement with May 17, 2022
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Subdivision Improvement Agreement - KPC/Latham Mgmt Tr 37099 RECOMMENDATION:

Staff recommends that the City Council approve the Subdivision Improvement Agreement for Latham Management and Consulting Services, Inc. (“Developer”) specific to Parcel/Tract 37099, in substantially the form set forth in the accompanying agreements, and authorize the City Manager to execute any other documents necessary to implement said agreements.

DISCUSSION:

On May 17, 2016, Developer submitted an application for approval of tentative tract map for real property located within the City. The tentative parcel map was prepared on behalf of Developer by Blaine A. Womer, Civil Engineering, and is identified in City records as Parcel/Tract Map No. 37099.

As per Sections 13.1 and 13.2 of the agreements, Developer shall provide the City with security bonds in the amount based on the Engineer's approximation of the actual cost to construct the applicable public improvements. In this instance, the security bonds are equal to 150% of the Engineer's estimate, as the improvement plans have not been finalized, and the one-year term has been extended to a two-year term at Developer's request.

Pursuant to Chapter 16.24 of the San Jacinto Municipal Code and the applicable provisions of the Subdivision Map Act, Developer and City shall enter into these Agreements for the timely construction and completion of the public improvements and the furnishing of the security; therefore, acceptable to the City Engineer and City Attorney, for Parcel/Tract 37099.

Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final maps for Parcel/Tract 37099.

FISCAL IMPACT:

The Council's discussion on this topic and approval of this agreement is not anticipated to have any significant fiscal impact. All costs associated with completion of the conditioned public improvements are the responsibility of the developer.

ATTACHMENTS:

Subdivision Agreement - Latham Tr 37099

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Attachment: Subdivision Agreement - Latham Tr 37099 (Subdivision Improvement Agreement - KPC/Latham Mgmt Tr 37099) May 17, 2022
TO: City Council
REQUESTED BY:

APPROVED BY:

SUBJECT:

Stuart McKibbin, Contract City Engineer
Robert A. Johnson, City Manager
Memorandum of Understanding Drainage Improvements Tract 30084 RECOMMENDATION:

Staff recommends that the City Council approve the Memorandum of Understanding with KB Home Coastal, Inc. and authorize the City Manager to execute the Memorandum of Understanding (MOU).

DISCUSSION:

On July 17, 2003, the City of San Jacinto Planning Commission approved a tentative tract map for Tract 30084 subject to conditions of approval, including the construction of certain drainage improvements. The City approved a final map, which was recorded in 2006.

The drainage improvements that the Developer constructed did not function as the City and Developer intended. This is evidenced by flooding that occurs at the intersection of Cottonwood and Warren. The flooding is caused by runoff from the Developer’s project as well as other neighboring properties. As such, the City Engineer did not accept the improvements and therefore the Developer has not satisfied the Drainage Condition.

The San Jacinto Valley Master Drainage Plan was adopted in 2014, after the Cove had received its conditions of approval, and proposes Line Y (RCB and channel) to drain the area, but Line Y may cost nearly $30,000,000 and is years away. As the Developer’s Cove residential development is being completed in the next few months, it is in the City’s interest to mitigate the flooding of the Warren/Cottonwood intersection as soon as possible. Therefore, in lieu of constructing modified improvements to satisfy the Drainage Condition, the City Engineer has agreed to accept the Developer’s provision of plans and specifications related to certain regional drainage improvements, which serve the Tract and neighboring properties. The Developer would also cost share with a $162,500 fair share contribution to the cost to construct such improvements, as substantial compliance with the Drainage Condition.

The construction of the mitigation measures consist of a pump station near the Warren/Cottonwood intersection, a force main to take the water north of the MWD aqueduct, and a small concrete channel along the eastside of Warren Road to discharge into an existing concrete drainage facility near Scott Street. The project will be added to the City’s Capital Improvement Program.

At this time the cost for the improvements is estimated to be $600,000 to $700,000, with the remainder of the funding to come from a future cost-share agreement with the Riverside County Flood Control & Water Conservation District.

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FISCAL IMPACT:

The proposed improvements are estimated to cost $600,000 - $700,000. KB Home Coastal, Inc.’s contribution is $162,000, plus the engineering work to prepare the plans and specifications for the project. A future Funding Agreement with Flood Control & Water Conservation District would cover the remaining project cost.

ATTACHMENTS:

MOU with KB Home

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MEMORANDUM OF UNDERSTANDING
Drainage Improvements for Tract No 30084
This Memorandum of Understanding is entered into between the City of San Jacinto, a municipal corporation and KB Home Coastal Inc., a California Corporation, as of ________, 2022.

RECITALS
A. On July 17, 2003, the City of San Jacinto Planning Commission approved a tentative tract map for Tract 30084 subject to conditions of approval, including the construction of certain public improvements. The City approved a final map, which was recorded in 2006 as document no. 2006- 0478654.

B. The Cove Specific Plan requires Developer to construct certain drainage improvements per the Engineering conditions of approval dated October 15, 2002 (the “Drainage Conditions”).

C. To ensure Developer’s completion of the Public Improvements, the City and Developer entered into a Subdivision Improvement Agreements for Tract 30084, dated March 2, 2006, which requires Developer to complete the improvements required by the Drainage Condition.

D. The Subdivision Improvement Agreement charges the City Engineer with determining whether Developer has properly completed the improvements and whether to approve the improvements.

E. The drainage improvements that Developer constructed did not function as City and Developer intended, as evidenced by flooding occurring at the intersection of Cottonwood and Warren caused by runoff from the developer’s project as well as other neighboring properties. The City Engineer did not accept the improvements and therefore Developer has not yet satisfied the Drainage Condition.

G. In lieu of constructing modified improvements to satisfy the Drainage Condition, the City Engineer is willing to accept Developer’s provision of plans and specifications related to certain regional drainage improvements serving the Tract and neighboring properties, together with Developer’s payment of a fair share amount of the cost to construct such improvements, as substantial compliance with the Drainage Conditions.

UNDERSTANDINGS OF THE PARTIES

1. Developer will, at its sole cost and expense, prepare and furnish to the City plans and specifications (“Plans”) for a pump, pump housing, controller board, force main and concrete channel serving the Tract 30084 and neighboring properties (the “Regional Drainage Improvements”),

2. Within thirty days of execution of this Memorandum of Understanding, Developer shall pay the amount of ONE HUNDRED AND SIXTY TWO THOUSAND FIVE

3.A.9.a
Packet Pg. 264 Attachment: MOU with KB Home (Memorandum of Understanding Drainage Improvements Tract 30084) HUNDRED DOLLARS ($162,500) to City for Developer’s fair share of the Regional Drainage Improvements.

3. The Plans shall be subject to the City Engineer’s approval and acceptance in the City Engineer’s sole discretion.

4. The City Engineer’s acceptance of the Plans and Developer’s payment of the fair share amount shall constitute Developer’s substantial compliance with the Drainage Condition.

5. The City shall use Developer’s fair share payment to offset the City’s costs of constructing the Regional Drainage Improvements.

6. This Memorandum of Understanding shall in no way limit, modify, release or otherwise affect any agreement between the Parties or any obligations of Developer related to completion of the Tract.

KB HOMES CITY OF SAN JACINTO
___________________________ _____________________________ By: City Manager
___________________________
By:

Concurrence:
______________________________
City Clerk
______________________________
City Manager
Approved to Form:
______________________________
City Attorney

3.A.9.a
Packet Pg. 265 Attachment: MOU with KB Home (Memorandum of Understanding Drainage Improvements Tract 30084) May 17, 2022
TO: City Council
REQUESTED BY:

APPROVED BY:

SUBJECT:

Stuart McKibbin, City Engineer
Robert A. Johnson, City Manager
Parcel Map 37099
RECOMMENDATION:

Staff recommends that the City Council approve Parcel Map 37099 for 4664, for Latham Management and Consulting Services, Inc.

DISCUSSION:

Parcel Map 37099 proposes to subdivide certain underlying parcel into 8 parcels. The site, owned by Latham Management and Consulting Services, Inc. is located northwest corner of Main Street and Ramona Expressway.

To comply with the Conditions of Approval, the applicant has executed a Subdivision Improvement Agreement and posted bonds for completion of the public improvements and submitted an in-lieu fee to guarantee the survey monumentation of the parcel map.

The City Engineer reviewed the tract map and recommends Council approval.

FISCAL IMPACT:

The applicant paid the necessary fees and deposits to prepare the parcel map for recordation.

There is no fiscal impact to City of San Jacinto.

ATTACHMENTS:

Parcel Map

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3.A.10.a
Packet Pg. 267 Attachment: Parcel Map (Parcel Map 37099)

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Packet Pg. 268 Attachment: Parcel Map (Parcel Map 37099)

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Packet Pg. 269 Attachment: Parcel Map (Parcel Map 37099)

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Packet Pg. 270 Attachment: Parcel Map (Parcel Map 37099) May 17, 2022
TO: City Council
REQUESTED BY:

APPROVED BY:

Stuart McKibbin, City Engineer
Robert A. Johnson, City Manager
SUBJECT: Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities Phase 1
RECOMMENDATION:

Staff recommends that the City Council authorize City Attorney to amend the Interagency Agreement with Eastern Municipal Water District (EMWD) associated with the EMWD Raw Water Conveyance, to obtain $71,000 reimbursement for City environmental costs, and to obtain defense, hold harmless and indemnify for any costs arising from EMWD's work, and authorize the City Manager to execute the Amendment in a form as approved by the City Attorney.

DISCUSSION:

The City and EMWD have projects located within Esplanade Avenue between Warren Road and Sanderson Avenue. EMWD’s San Jacinto Valley Raw Water Conveyance Facilities Phase 1 Program consists of the installation of 6 miles of large water transmission pipelines, and cathodic protection of EMWD’s facilities, as well as the construction of a chlorination facility near the Northeast corner of Esplanade Avenue and Warren Road. The City’s Esplanade Avenue Street Improvements include widening Esplanade Avenue between Sanderson and Warren Road, along with installation of sidewalk, curb and gutter, and two new traffic signals, one at Warren Road and Esplanade Avenue and the other at Cawston Avenue and Esplanade Avenue.

On March 2, 2021 the Council approved an Interagency Agreement with EMWD that assists in coordinating the two projects and outlines the responsibilities of the City and EMWD regarding items such as utility relocations, reimbursements, inspectors, and shared resources.

Since then, EMWD’s contractor’s start date along Esplanade has slipped due to delays with fabrication and delivery of pipe, and utility conflicts. Moreover, the City has already mitigated for environmental impacts of the City’s project and EMWD’s project is within the same construction footprint of the City’s widening project. As the agencies are cooperating in the project and mitigating the same impacts, EMWD has agreed to contribute towards the City’s mitigation expenses and to defend and indemnify the City against any claims related to EMWD’s portion of the project.

Amendment No. 1 to the Interagency Agreement is necessary to cover EMWD reimbursing the City for their $71,000 fair share of the City’s cost of environmental mitigation and the cost to obtain the environmental permits; and to defend, hold harmless, and indemnify the City against any challenges to EMWD’s implementation of its project in accordance with the City’s environmental permits.

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If Council approves the proposed terms for Amendment No. 1, the City Attorney’s office will draft and finalize Amendment No. 1 for execution by all parties. If any substantive changes are required, the agreement would be brought back to City Council for further consideration.

FISCAL IMPACT:

As part of Amendment No. 1, EMWD agrees to reimburse $71,000 to the City of San Jacinto for its fair share of environmental mitigation and the cost to obtain environmental permits.

ATTACHMENTS:

Esplanade Avenue Vicinity Map
Esplanade Avenue EMWD Interagency Agreement

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WARREN ROAD
ESPLANADE AVE. ALABASTE AVE. CINNABAR AVE. CAWSTON AVE. SANDERSON AVE.

EATON AVE.
7TH STREET

TRI LAKE

INTERAGENCY AGREEMENT PROJECT COORDINATION AREA
LEGEND:

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Packet Pg. 273 Attachment: Esplanade Avenue Vicinity Map (Esplanade Widening & San Jacinto Valley Raw Water

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Packet Pg. 274 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 275 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 276 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 277 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 278 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 279 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 280 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 281 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 282 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 283 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 284 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 285 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 286 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities

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Packet Pg. 287 Attachment: Esplanade Avenue EMWD Interagency Agreement (Esplanade Widening & San Jacinto Valley Raw Water Conveyance Facilities May 17, 2022
TO: City Council
REQUESTED BY: Michael Maurer, City Attorney
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Approval of License Agreement on Tribal Trust Land for Traffic Light Maintenance
RECOMMENDATION:

Staff recommends that the City Council approve the License Agreement with the Soboba Band of Luiseno Indians.

DISCUSSION:

The Soboba Economic Development Corporation is in the process of developing a new retail center at the corner of Lake Park Drive and Soboba Road, on the site previously referred to as the Horseshoe Grande, across Lake Park Drive from the Casino. In order to develop the site, the SEDC needs to install a traffic signal on Lake Park Drive. Some of the signal facilities and other improvements will be on Tribal land, and the City needs an agreement to be able to access the Tribal land and maintain the signal.

The development site was part of the fee-to-trust process completed several years ago prior to the opening of the Casino. The site was originally owned by the Soboba Band of Luiseno Indians and is now held in trust by the federal government for the benefit of the Tribe. Under federal law, the Tribal Council may grant a license to enter the site, provided that the license is less than seven years in duration. The Tribe may apply to the federal government for a more permanent license.

The proposed License Agreement allows the City to access the site for six years and 364 days.

During this time, the Tribe will develop the site and apply for a more permanent easement for the City. The City and Tribe will continue to work together to reach a permanent solution. If, for any reason, an easement is not granted, either the license will be extended or access to Lake Park Drive will be restricted.

The License Agreement is being presented to the Tribal Council for approval. If a signed License Agreement is not received prior to the City Council meeting, staff will recommend this item be continued.

FISCAL IMPACT:

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There is no fiscal impact associated with this item. The Tribe will be installing the traffic signal and has agreed to defend and indemnify the City for any claims resulting from the License Agreement.

ATTACHMENTS:

DRAFT License Agreement
ATTACHMENTS:

San Jacinto - (Draft) Temporary Access License

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LICENSE AGREEMENT
This License and Agreement (“License”) is entered into as of April __, 2022, by and between the Soboba Band of Luiseno Indians (“Tribe”) and the City of San Jacinto (“City”).

RECITALS
A. The Tribe desires to grant the City a temporary right of way on tribal trust land adjacent to the east side of Lake Park Drive, a City street which varies in width from center line.

B. In response to a request from the Tribe which needs access to Lake Park Drive to construct the Tribe’s economic development project, the City has approved the Tribe’s street widening plans and the location of upgraded traffic signal lights on Lake Park Drive adjacent to 23121 Soboba Road, San Jacinto, CA 92583. The purpose of the upgraded traffic signal lights is to serve an economic development project at that site (Development).

C. The purpose of the temporary right of way is to permit the City access to maintain new traffic signal lights which will be located on land held in trust for the Tribe by the United States ("trust land").

D. The Development intends to include a traffic signal to serve vehicles entering and exiting the Development and Lake Park Drive. Given the current right-ofway and existing constraints, Lake Parke Drive will have to be widened and portions of the traffic signal facilities will have to be located on the Development property, which the United States holds in trust for the Tribe. The purpose of the temporary right of way is to permit the City to have unimpeded access to the traffic signal facilities for maintenance and public safety.

E. The Act of February 5, 1948 (25 U.S.C. 323-328) authorizes the Tribe to grant a right-of-way easement to the City with the approval of the Secretary of the Interior through the Bureau of Indian Affairs, which may take an undetermined amount of time. The purpose of this License, therefore is to establish a temporary right of access to the traffic signal facilities while the Tribe and City diligently pursue a permanent easement through the Bureau’s application process.

F. 25 U.S.C. § 81 authorizes the Tribe to grant a license on property held in trust for the Tribe for a period of less than seven (7) years. The Tribe therefore

3.A.12.a
Packet Pg. 290 Attachment: San Jacinto - (Draft) Temporary Access License (Approval of License Agreement on Tribal Trust Land for Traffic Light intends to grant this License to City for the purposes and upon the terms set forth herein.

NOW, THEREFORE, in consideration of the foregoing recitals and promises and the following promises, covenants and agreements, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by both parties hereto, the parties hereby agree as follows:

AGREEMENT

1. Grant of License. The Tribe grants to the City and its agents, employees, consultants, designees and contractors a right-of-way onto a portion of the Development site described in Exhibit A for a period not to exceed six (6) years and three hundred sixtyfour (364) days from the Effective Date. The property subject to this License is more particularly identified in Exhibit “A,” attached hereto and shown on the diagram at Exhibit “B” attached hereto. This License shall be solely for the purpose of enabling the City to utilize and maintain facilities for a traffic signal at Lake Park Drive and the entrance to the Development, and to perform all other tasks that are necessary or convenient to operation of the traffic signal. The Tribe hereby waives any right to payment from City for this License or for the proposed right of way, and the Tribe hereby waives any right to require the City to make any deposit to cover the cost of any potential damages relating to the use of the License.

2. Effective Date. This License shall be deemed to be effective upon either the state of installation or the start of operation. The Tribe shall notify the City of the effective date of the License.

3. Restrictions. This License does not authorize the City to grant any easements or similar rights to any entity including but not limited to utility companies, local or state government agencies, or private persons. All easements and similar rights which encumber the Development Site, including the land within the area of this License, must be granted only by the Tribe in compliance with applicable law. The City may grant temporary access to other entities to the area covered by this License for purposes related to scope of the License, for example, for maintenance and repair.

4. Indemnification. The Tribe shall indemnify and hold the City, its City Council, and its members, contractors, agents, consultants and employees harmless from any liability for damage caused by the acts or omissions of the Tribe or any of its employees, contractors or agents in relation to this License; and shall reimburse the City for any damage caused to any City facilities within the License Area.

5. Right-of-Way Application. The Tribe and the City shall cooperate to diligently prepare and pursue an application to be filed with the U.S. Department of Interior,

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Packet Pg. 291 Attachment: San Jacinto - (Draft) Temporary Access License (Approval of License Agreement on Tribal Trust Land for Traffic Light Bureau of Indian Affairs pursuant to 25 U.S.C. Secs. 323-328 and 25 C.F.R. Part 169 to grant the City a permanent right-of-way easement covering the License Area (the “Easement”). The Tribe shall be responsible for all costs of the application and shall perform all tasks necessary to prepare, grant and perfect the Easement. If the application is approved prior to the expiration of this License, this License shall be deemed to merge with rights granted in the right-of-way easement.

6. Extension. The Tribe acknowledges and agrees that the traffic signal on Lake Park Drive is necessary for traffic to ingress and egress the Development and that the City must have continuous, uninterrupted and immediate access to the traffic signal facilities for maintenance and public safety. Therefore, prior to the expiration of this License, the Tribe shall either: (a) obtain approval for and perfection of the Easement, or (b) extend (or re-issue) this License for the maximum amount of time allowed by law. At least one (1) year prior to expiration of this License, the Tribe shall notify the City of the status of the Tribe’s application for the City's Easement.

7. Default. If the application for a permanent right of way is not granted or if the Tribe fails to extend this License, or if this License for any other reason becomes ineffective, then the Tribe acknowledges and agrees that the City must cause the traffic signal to cease to function and therefore must close access between Lake Park Drive and the Development. The Tribe shall grant all rights necessary for the City to render the traffic signal ineffective and to block vehicular access between the Development and Lake Park Drive. The Tribe shall hold the City harmless and defend and indemnify the City against any action resulting from the City’s termination of the traffic signal and of access to Lake Park Drive. The terms of this Paragraph shall survive termination of this License.

8. Limited Waiver of Sovereign Immunity. The Tribe, through approval of this License by its Tribal Council, hereby waives its sovereign immunity and treaty rights against suit, liability, judgment and collection with respect to the obligations and duties under (1) this License and (2) the laws of the State of California and the laws of the United States to the extent either or both relates to the subject matter of the transaction contemplated by this License; and Tribe hereby agrees to the exclusive jurisdiction of and venue in the Superior Court of California for the County of Riverside with respect to all such suit, liability, judgment and collection, except with respect to those suits, liabilities, judgments and collections subject to the exclusive jurisdiction of the United States for which Tribe hereby agrees to the exclusive jurisdiction of and venue in the United States District Court for the Central District of California or such other jurisdiction and venue where required by law. The terms of this Paragraph shall survive termination of this License.

9. Expiration. This temporary access permit shall expire six (6) years and three hundred and sixty-four days from the date of signing. Prior to the expiration of the temporary

3.A.12.a
Packet Pg. 292 Attachment: San Jacinto - (Draft) Temporary Access License (Approval of License Agreement on Tribal Trust Land for Traffic Light access permit, if no easement pursuant to paragraph 5 above has been granted, the Tribe and the City shall meet to determine the method by which continued permission to access this area shall be authorized. If no easement pursuant to paragraph 5 above has been granted, the Tribe and the City shall meet no later than five (5) years and three hundred sixty-four (364) days from the effective date of this temporary access permit.

10. General Terms. This is an integrated agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. The unenforceability, invalidity or illegality of any provision(s) of this License shall not render the other provisions unenforceable, invalid or illegal. This License may not be modified or altered except in writing signed by both parties. Each party hereby represents and warrants that the execution, delivery, and performance of this License has been duly and validly authorized by each party, and each individual executing this License hereby represents and warrants that he or she has the full power and authority to execute the same on behalf of the named parties. Nothing contained herein will be construed as creating any joint venture, partnership, or agency, or as making any party the fiduciary of any other. This License may be executed in counterparts, each of which will be deemed an original, and all of which, taken together, will constitute but a single instrument.

IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date set forth in the preamble above.

CITY OF SAN JACINTO SOBOBA BAND OF INDIANS
(“City”) ("Tribe")
By: By:

Robert A. Johnson Isaiah Vivanco
City Manager Chairman
Date: ___ __, 2022 Date: ___ __, 2022

3.A.12.a
Packet Pg. 293 Attachment: San Jacinto - (Draft) Temporary Access License (Approval of License Agreement on Tribal Trust Land for Traffic Light May 17, 2022
TO: City Council
REQUESTED BY: Michael Maurer, City Attorney
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Resolution 3915 - Resolution of Necessity
RECOMMENDATION:

Staff recommends that the City Council:
1) CONDUCT a hearing to consider the adoption of a resolution of necessity, including providing all parties interested in the affected property and their attorneys, or their representatives, an opportunity to be heard on the issues relevant to the resolutions of necessity;
2) MAKE the following findings as hereinafter described in this report:
a) The public interest and necessity require the proposed project; b) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
c) The real property to be acquired is necessary for the project; d) The offer of just compensation has been made to the owner; and 3) ADOPT Resolution No. 3915 entitled:

RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A

PERMANENT ROADWAY EASEMENT IN A PORTION OF CERTAIN

REAL PROPERTY, BY EMINENT DOMAIN, LOCATED AT THE

SOUTHWEST CORNER OF NORTH VERNON AVENUE AND ARTESIA

STREET, SAN JACINTO, CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS ASSESSOR PARCEL NO. 434-292-017, IN RIVERSIDE

COUNTY, CALIFORNIA, FOR THE FUTURE FULL-WIDTH

WIDENING OF VERNON AVENUE, IN RIVERSIDE COUNTY,

CALIFORNIA
DISCUSSION:

The City Council is being asked to consider the adoption of a resolution of necessity for the interest in the parcel listed below. This interest is required for the City of San Jacinto’s (“City”) Vernon Street Widening Project (“Project”). The portion of Vernon Avenue between Artesia and

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First Street is more narrow than the portions north of Artesia and south of First, which have been fully improved. Acquiring right-of-way to widen Vernon will avoid the “bottleneck” currently occurring in this area and allow the full expanse of Vernon Avenue to be fully improved. The widening work may be included within another roads improvement project or separately bid out at a future point in time.

The City obtained an appraisal of the affected property from Santolucito Dore Group, Inc. and made an offer of just compensation to the property owner pursuant to California Government Code section 7267.2. Property profiles from First American Title and DataTree were ordered to determine the identity of the record owner. Following standard public records and due diligence searches for ownership information, a notice of this public hearing was mailed to the property owner.

The power of eminent domain is used by the City only as a last resort to obtain interests necessary for projects after 1) negotiations have stalled; or 2) the owner has requested that the City proceed directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear the title to the property. In this case, an offer of just compensation has been made to the owners for the full Fair Market Value as determined by appraisals. City staff attempted to negotiate amicable settlements in good faith, and will continue to do so throughout the process. California’s definition of Fair Market Value is one of the most inclusive definitions in the United States and requires the appraiser to consider the highest and best use of the property and the appraiser to consider the highest price a willing buyer and seller would agree to. The City’s appraisals must use this definition of Fair Market Value.

California eminent domain law provides that a public entity may not commence with eminent domain proceedings until its governing body has adopted a Resolution of Necessity, which may only be adopted after the governing body has given each party with an interest in the affected property, or their representatives, a reasonable opportunity to appear and be heard on the following matters:
1) The public interest and necessity require the proposed project; 2) The project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury;
3) The real property to be acquired is necessary for the project; and 4) The offers of just compensation have been made to the property owner.

Since an agreement has not been reached with the owner of the parcel, acquisition by eminent domain is the City’s last option. The initiation of the eminent domain process is accomplished by the City’s adoption of a resolution of necessity for the affected property.

The record owner must be afforded an opportunity to appear at the hearing and lodge objections.

A notice of this hearing was sent by first class mail on May 2, 2022, to each record owner in accordance with Section 1245.235 of the California Code of Civil Procedure. The notice stated the City’s intent to consider the adoption of a resolution, the right of the property owner to appear and be heard on these issues, and that failure to file a written request to appear would result in a waiver of the right to appear and be heard. The City scheduled this hearing at which

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all persons who filed a written request in compliance with applicable law may appear and be heard.

DESCRIPTION OF PROPERTY TO BE ACQUIRED:

This property is owned by Frederic Monk (1/3rd interest), Marcus Monk (1/3rd interest), Kathleen Monk (1/6th interest), Perry De Angelo (1/6th interest). The property consists of 1.26 acres of vacant land and is located on the southwest corner of North Vernon Avenue and Artesia Street in the City of San Jacinto. The property’s does not have a situs address, and is most commonly identified as Assessor Parcel Nos. 434-292-017.

The proposed acquisition is a permanent easement in a portion of the certain real property consisting of 9,258 square feet.

HEARINGS AND REQUIRED FINDINGS:

The recommended action of the City Council pertains to the acquisition of a permanent roadway easement interest in a portion of certain real property known as Assessor Parcel No. 434-292-017 owned by Frederic Monk, Marcus Monk, Kathleen Monk and Perry DeAngelo (collectively referred to as the “Property Owners”).

The above four required findings are addressed as follows:

Finding 1: Public Interest and Necessity Require the Project Vernon Avenue is a north-south street connecting Ramona Expressway on the north with Main Street on the south. Vernon Avenue has been fully improved except for the portion between Artesia Street to 1st Street. This portion of Vernon Avenue has only been improved on the east side. The City is planning to widen the west side of Vernon Avenue by installing curb, gutter, sidewalk, and pavement. To complete the Project, additional property along the west side of Vernon Avenue will be needed. This Project requires right of way acquisitions from four properties, including a 9,258 square foot permanent roadway easement interest from a portion of the Property owned by the Property Owners.

Finding 2: The Project is Planned or Located in a Manner Most Compatible with Greatest Public Good and Least Private Injury
The 9,258 square foot Subject Property is residentially zoned and it is currently unimproved and vacant. The proposed acquisition is located along the eastern boundaries, adjacent to Vernon Avenue. There are no site improvements within the acquisition area.

Given that the Subject Property is vacant, the impacts due to construction in the manner proposed are minimal and not anticipated to negatively impact the remainder parcel. To move this project elsewhere would require significant reconstruction of street infrastructure, cause a greater impact in the new location as well as to nearby residents, and be much more costly at the expense of local taxpayers.

Finding 3: The Real Property to be Acquired is Necessary for the Project

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The existing half-width right of way for Vernon Avenue is 33 feet, and the ultimate fullwidth right of way is 63 feet. The existing pavement is at the existing right of way limit and as the roadway is improved to full-width, the ultimate right of way is required.

Finding 4: The Offer of Just Compensation Has Been Made Appropriate sources, including property profiles from First American Title and property research from DataTree, were used to confirm and identify the parties with an interest in the property affected by the Project. Santolucito Dore Group, Inc. conducted an appraisal for the property and determined the fair market value of the property to be acquired. On March 21, 2022, the City made an offer of just compensation for the amount of $38,000.00 to the property owners to purchase the permanent roadway easement interest in a portion of certain real property as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. The Property Owners responded and indicated that they would consider selling the entire APN to the City, but were not interested in selling just the right of way needed by the City.

Although a negotiated settlement may still be possible for the real property cited above, it would be appropriate to commence the procedures to acquire the property through eminent domain, to ensure that the City has possession of the real property, which is necessary in order for the City to begin construction of the Project.

ENVIRONMENTAL ANALYSIS:

The proposed Project, which involves the acquisition of an easement for street widening and installing of curb, gutter, sidewalk, and pavement upgrades to an existing street, is exempt from further environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.). Specifically, State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) section 15301 (existing facilities) exempts the proposed Project from further environmental review, as it involves alterations to an existing street and would not expand the use beyond that designated in the City’s General Plan. Additionally, the Project is exempt pursuant to State CEQA Guidelines section 15304 (minor alteration to land), as it involves minor public alterations of land to accommodate the planned roadway. The Project is also exempt pursuant to State CEQA Guidelines section 15305 (minor alteration in land use limitations), as it involves the acquisition of an easement for roadway purposes and will not result in any changes in land use or density. None of the exceptions to the categorical exemptions listed above apply to the Project. The site is not located in a particularly sensitive environment. The Project would not result in cumulative impacts, as it involves the acquisition of an easement to effectuate a road pursuant to the City’s General Plan. There are no unusual circumstances surrounding this acquisition, the site is not located on a scenic highway or hazardous waste site, and there would not be a substantial adverse change in the significance of a historical resource as the site is adjacent to disturbed roadway. Additionally, the project is also exempt from further environmental review under CEQA Guidelines section 15061 (b) (3) Common Sense Exemption, as it can be seen with certainty that the construction of the missing segment of Vernon Avenue to General Plan specifications, will not have a direct or indirect impact to the Environment. No further environmental review or findings are required prior to the City’s action on the proposed Resolution of Necessity.

4.1 Packet Pg. 297
FISCAL IMPACT:

The associated cost for said acquisition to the City is the appraised value, $38,000.00. Therefore, the attached City Resolution No. 3915 amends the Adopted FY 2022/23 budget for revenues and expenditures associated with the Resolution of Necessity. The $38,000.00 would be expended from Fund #027 (SB1 RMRA).

ATTACHMENTS:

Resolution No. 3915
Map

4.1 Packet Pg. 298
Resolution No. 3915