San Jacinto City Council
June 21, 2022

STATE OF CALIFORNIA ) RESOLUTION NO. 3936
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO )

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO

GRANTING AUTHORITY TO THE CITY MANAGER TO ENTER INTO

CERTAIN CONTRACTS ON BEHALF OF SAN JACINTO POWER AND
RESCINDING AND REPLACING RESOLUTION NO. 3693
WHEREAS, the City of San Jacinto (“City”) is a municipal corporation organized and validly existing under and by virtue of the Constitution and laws of the State of California; and
WHEREAS, San Jacinto Power (“SJP”), the City’s community choice aggregation program and enterprise fund, has been formed by the City for the purpose of serving the retail electric service customers residing and doing business within the City of San Jacinto; and
WHEREAS, the California Choice Energy Authority (“Authority”) is a joint exercise of powers authority created under the Joint Exercise of Powers Act (California Government Code section 6500, et seq.) by that certain agreement originally entitled, Joint Exercise of Powers Agreement Relating to the California Clean Energy Authority, dated August 14, 2012 (“JPA Agreement”); and
WHEREAS, the City is a founding member of the JPA and has entered into that certain agreement entitled, Administrative Services Agreement (City of San Jacinto), dated December 11, 2017, an agreement with the Authority to provide community choice aggregation services to SJP; and
WHEREAS, the City Council of the City of San Jacinto (the “City Council”) is the local authority with jurisdiction over SJP and acts as the governing body of SJP (the “SJP Board”); and
WHEREAS, the City Council, acting as the SJP Board, finds and declares that for shorter-term transactions involving energy, resource adequacy capacity, and/or renewable energy certificates, and for longer-term transactions that are entered into for the purpose of fulfilling state-mandated compliance obligations, it is appropriate for SJP management to have discretion in contracting, consistent with its responsibilities and expertise in efficiently operating the SJP program; and WHEREAS, the City Council, acting as the SJP Board, finds and declares that time is often of the essence in such transactions and that such transactions are unlikely to raise policy considerations that require SJP Board input; and WHEREAS, the City Council, acting as the SJP Board, finds and declares that for certain longer-term commitments, such as those that are not entered into for the purpose of fulfilling state-mandated compliance obligations, it is appropriate for the SJP Board to exercise a greater degree of oversight; and

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Packet Pg. 209 Attachment: Resolution 3936 (SJ Power Contract Authority) Resolution No. 3936

WHEREAS, the City Council, acting as the SJP Board, wishes to grant the City Manager of the City of San Jacinto authority to execute certain shorter-term SJP contracts that are consistent with SJP’s forecasted energy consumption and longer-term contracts that are for the purpose of fulfilling state-mandated compliance obligations; and WHEREAS, the City Council, acting as the SJP Board, finds and declares that SJP management may from time to time procure in excess of its requirements for energy, resource adequacy capacity, and/or renewable energy certificates, and to sell any such excess products; and
WHEREAS, the City Council, acting as the SJP Board, adopted Resolution No. 3693 on January 16, 2018, granting certain procurement authority to the City Manager and California Choice Energy Authority acting on behalf of SJP; the City Council now wishes to revise those granted authorities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. Resolution No. 3693 is hereby rescinded in its entirety and replaced with the following:

A. Direct Procurements. The City Manager of the City of San Jacinto, or his or her designee, (collectively, the “City Manager”) is hereby authorized to enter into contracts for the purpose of directly procuring energy products, including from time to time the procurement of excess energy products, and/or the sale of such excess energy products subject to the Procurement Limitations set forth in Paragraph C, below.

B. Indirect Procurements. The City Council further authorizes the Authority to negotiate, from time to time, the Authority’s entry into purchase contracts on behalf of the City for the purchase of energy and renewable energy, and related products, and for which contracts the City shall be solely responsible for payment through the Security Agreements (each, an “Energy Contract”), which Energy Contract shall be substantially similar to the form attached to the Services Agreement as Exhibit “A”; provided that the term of any such Energy Contract shall not exceed the Procurement Limitations set forth in Paragraph C, below. The Authority shall provide the proposed Energy Contract to the City Manager, or his/her authorized designee, who is hereby authorized and directed to review the proposed Energy Contract and, in the exercise of his/her reasonable discretion, provide the Authority with his/her written approval thereof. The Authority shall have, and the City Manager may not withhold, the authority to grant a seller under the Energy Contract a first priority security interest in the collateral (i.e. the lock box account) secured by the Security Agreements.

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Packet Pg. 210 Attachment: Resolution 3936 (SJ Power Contract Authority) Resolution No. 3936

C. Procurement Limitations. The City Manager and Authority’s authorization to enter into contracts for the purpose of procuring energy products, including from time to time the procurement of excess energy products, and/or the sale of such excess energy products, shall be subject to the following limitations:
a. Short-Term Agreements: The Authority and/or City
Manager may enter into Power Purchase Agreements
(“PPAs”) (energy, resource adequacy capacity and/or
renewable energy certificates) with terms of twelve (12) months or fewer. The City Manager shall report all such agreements to the SJP board on a monthly basis.
b. Medium-Term Agreements: The Authority and/or City
Manager acting in conjunction with the City Attorney, may enter into PPAs (energy, resource adequacy capacity, and/or renewable energy certificates) with terms of greater than twelve (12) months but not more than five (5) years.

Notwithstanding the foregoing, the Authority and/or City Manager acting in conjunction with the City Attorney, may enter into PPAs (energy, resource adequacy capacity, and/or renewable energy certificates) for the fulfillment of statemandated compliance obligations with terms of greater than twelve (12) months but not more than twenty (20) years. The City Manager shall report all such agreements to the SJP Board on a monthly basis.
c. Long-Term Agreements: Approval by the SJP Board is
required before the Authority or City Manager may enter into PPAs, such as those that are not entered into for the purpose of fulfilling state-mandated compliance obligations, with terms of greater than twenty (20) years.”
Section 3. This resolution shall take effect immediately upon its adoption and applies to agreements executed beginning June 2022.

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Packet Pg. 211 Attachment: Resolution 3936 (SJ Power Contract Authority) Resolution No. 3936

PASSED, APPROVED, AND ADOPTED this 21st day of June 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. 212 Attachment: Resolution 3936 (SJ Power Contract Authority) Resolution No. 3936

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss

CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, CA, do hereby certify that this is a true and correct copy of the original Resolution No. 3936, for which the original is on file in my office.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 21st day of June 2022. _____________________________________
Julia Espinoza, City Clerk
City of San Jacinto

3.A.10.a
Packet Pg. 213 Attachment: Resolution 3936 (SJ Power Contract Authority) June 21, 2022
TO: City Council
REQUESTED BY: Arthur Mullen, Water Utilities Superintendent APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: PSA for Lynn Merrill - NPDES Technical Support FY 22-23 RECOMMENDATION:

Staff recommends that the City Council approve a professional services agreement with Lynn Merrill and Associates for Fiscal Year 22-23 with an additional one-year extension for NPDES technical support.

DISCUSSION:

On June 16th, 2021, the City Council approved a 1-year professional services agreement extension with Lynn Merrill and Associates (LMA); that agreement is set to expire on June 30, 2022. City staff would like to renew this professional services agreement for fiscal year 22-23 with an additional 1-year extension.

LMA has been the City’s NPDES inspector for several years. Mr. Merrill and his firm possess the knowledge and technical expertise to represent the City at the Regional Board and technical advisory meetings associated with the NPDES program. LMA’s inspectors perform between 130-135 annual Commercial/Industrial and Restaurant inspections per year as required by the MS4 permit.

LMA also prepares the annual NPDES report for submission to Riverside County. In addition, Mr. Hisam Baqai, PE/GE, who worked for several decades on the Regional Water Board, is his Principal Engineer.

FISCAL IMPACT:

This item extends the City’s contract with LMA, thereby continuing the City’s NPDES inspection program and providing representation at Regional Board meetings until June 30, 2023; the total amount of the 1-year contract is $24,480.64 using funds from the CSA 152 account.

ATTACHMENTS:
6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 NPDES Program Support proposal for FY22-23

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(BB&K 2018)
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CITY OF SAN JACINTO

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _16th_ day of _June__, 2022__, by and between the City of San Jacinto, a municipal organization, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 ("City"), and Lynn Merrill and Associates, a California Corporation, (“Consultant”), with its principal place of business at 12 Nevada Street, Suite A, Redlands, California, 92373 (“Consultant”). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional NPDES technical support consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional NPDES technical support consulting services to public clients, and is familiar with the plans of the City.

2.2 Project.

City desires to engage Consultant to render such professional technical consulting services for the Fiscal Year (“FY”) 22-23 NPDES Technical Support project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional NPDES technical support consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations

3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one (1) additional one-year term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines set by City staff.

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Packet Pg. 215 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) (BB&K 2018)
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3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference (“Schedule”). Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance time lines to meet the Schedule.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel; Background Checks. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement, and has agreed that the City will perform background checks on the personnel.

Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City, and additional background check procedures. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project at the request of the City.

3.2.5 City's Representative. The City hereby designates its City Manager, or his/her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Lynn Merrill, Principal or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The

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Packet Pg. 216 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) (BB&K 2018)
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Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

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Packet Pg. 217 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) (BB&K 2018)
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3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:

Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than approved by the City Risk Manager, and shall be endorsed to include contractual liability.

3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the

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Packet Pg. 218 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) (BB&K 2018)
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Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (A) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (B) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety

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Packet Pg. 219 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) (BB&K 2018)
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precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized cost and expense reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. In no event shall the total compensation, including authorized cost and expense reimbursements, exceed twenty four thousand four hundred eighty dollars and sixty-four cents ($24,480.64) without written approval of City Representative. Extra Work, as defined below, may be authorized as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates the portion of Services work completed and hours of work rendered by Consultant. The statement shall describe the portion of Services and hours of work rendered by the Consultant since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within (30) days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform “Extra Work”. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City Representative.

3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and If the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any

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Packet Pg. 220 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) (BB&K 2018)
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claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (14) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Lynn Merrill and Associates, Inc.
12 Nevada Street, Suite A
Redlands, California , 92373
ATTN: Lynn Merrill, Principal
City: City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
ATTN: Robert Johnson, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)

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Packet Pg. 221 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) (BB&K 2018)
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hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.5.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.5.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party

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other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.5.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.5.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.

Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either:
(1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and nonappealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands,

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causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any

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assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF SAN JACINTO AND LYNN

MERRIL AND ASSOSICATES
CITY OF SAN JACINTO Lynn Merrill and Associates
“CITY” A California Corporation
“CONSULTANT”
By: ____________________________ By: ______________________________ Robert A. Johnson Lynn Merrill
City Manager Principal
Attest:

Julia Espinoza
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney

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Packet Pg. 227 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) (BB&K 2018)
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Exhibit “A”
EXHIBIT "A"

SCOPE OF SERVICES
We are proposing to provide on-going NPDES Support for the City as it relates to the Riverside County MS4 permit and the requirements of the Lake Elsinore – Canyon Lake TMDL. Our efforts will include the following:

1. Attend and represent the City of San Jacinto at the various meetings associated with the NPDES Program, including but not limited to the Riverside County Technical Advisory Meeting, the Lake Elsinore – Canyon Lake TMDL Task Force meeting, and any other technical meetings as needed.

2. Provide on-site consultation to the various city departments regarding the integration of the NPDES program within city operations.

3. Technical analysis of various NPDES related documents, including review of the proposed new Tri-County MS4 Permit which was released on December 24, 2021 and is currently undergoing detailed reviews and comments with the counties of Riverside, San Bernardino and Orange.

4. Perform required Commercial/Industrial/Restaurant Inspections as required by the Riverside County MS4 Permit.

5. Prepare the City’s annual NPDES reports for FY2021-2022 and FY2022-2023 for submission to the Riverside
County Flood Control and Water Conservation District by November of each calendar year.

6. Based on the outcome of the Tri-County Permit process, begin implementation efforts relating to new local requirements as set forth in the new permit.

This proposal does not include support to the City relating to the organization of the WQMPs as required by the permit, nor support for any audits or other actions by the Santa Ana Regional Water Quality Control Board. Our proposal is for a two-year period (July 1, 2022 to June 30, 2024).

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Packet Pg. 228 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) 24438.00000\30452526.1
EXHIBIT "B"

SCHEDULE OF SERVICES
We are proposing the following Not-to-Exceed budgets regarding this project:

Above budgets do not include technical support to the City in the result of a Regional Board audit, or other unanticipated efforts. Budgets do include any and all document reviews necessary to support the City at all technical meetings. All work shall be performed time and material except for Inspections. Inspections shall be invoiced based on the following table and actual inspections completed:

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Packet Pg. 229 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) (BB&K 2018)
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Exhibit “B”
Additional services may be billed at the following labor rates:

Invoicing shall be monthly, upon submission of invoice as has been past practice.

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Packet Pg. 230 Attachment: 6-15-22 NPDES PSA for Lynn Merrill & Assoicates FY-22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) 12 Nevada Street, Suite A Redlands, California, 92373
Office: 909-894-4425
June 15, 2022
Rob Johnson
City Manager
City of San Jacinto
595 South San Jacinto Avenue
San Jacinto, CA 92582
REF: NPDES Technical Support FY22-23 and FY23-24
Dear Mr. Johnson:

In reference to your request for proposal to provide technical support for the City’s NPDES programs from July 1, 2022 through June 30, 2024, the following is respectfully submitted.

We are proposing to provide on-going NPDES Support for the City as it relates to the Riverside County MS4 permit and the requirements of the Lake Elsinore – Canyon Lake TMDL. Our efforts will include the following:

1. Attend and represent the City of San Jacinto at the various meetings associated with the NPDES Program, including but not limited to the Riverside County Technical Advisory Meeting, the Lake Elsinore – Canyon Lake TMDL Task Force meeting, and any other technical meetings as needed.

2. Provide on-site consultation to the various city departments regarding the integration of the NPDES program within city operations.

3. Technical analysis of various NPDES related documents, including review of the proposed new Tri-County MS4 Permit which was released on December 24, 2021 and is currently undergoing detailed reviews and comments with the counties of Riverside, San Bernardino and Orange.

4. Perform required Commercial/Industrial/Restaurant Inspections as required by the Riverside County MS4 Permit.

5. Prepare the City’s annual NPDES reports for FY2021-2022 and FY2022-2023 for submission to the Riverside County Flood Control and Water Conservation District by November of each calendar year.

6. Based on the outcome of the Tri-County Permit process, begin implementation efforts relating to new local requirements as set forth in the new permit.

This proposal does not include support to the City relating to the organization of the WQMPs as required by the permit, nor support for any audits or other actions by the Santa Ana Regional Water Quality Control Board. Our proposal is for a two-year period (July 1, 2022 to June 30, 2024).

We are proposing the following Not-to-Exceed budgets regarding this project:

TASKS FY22-23 FY23-24
Attend Riverside County TAC Meetings from July 1 2022 through June 30 2024 $ 3,107.51 $ 3,262.89
Attend LE/CL TMDL Task Force Meetings July 1 2022 through June 30 2024 $ 4,627.18 $ 4,858.54
Prepare Annual Report, each calendar year for previous year $ 2,313.59 $ 2,429.27 Miscellaneous Technical support / Mtgs with client / NPDES Permit Renewal meetings. $ 5,205.57 $ 5,465.85
Conduct Regularly Scheduled NPDES Inspections $ 8,099.29 $ 8,463.75 SUBTOTAL $23,353.14 $ 24,480.30
Mileage $ 1,127.50 $ 1,155.69
TOTAL $24,480.64 $ 25,635.99

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Packet Pg. 231 Attachment: NPDES Program Support proposal for FY22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) 12 Nevada Street, Suite A Redlands, California, 92373
Office: 909-894-4425
Above budgets do not include technical support to the City in the result of a Regional Board audit, or other unanticipated efforts. Budgets do include any and all document reviews necessary to support the City at all technical meetings. All work shall be performed time and material except for Inspections. Inspections shall be invoiced based on the following table and actual inspections completed:

FEE SCHEDULE NPDES

PRIORITY

PRICE PER

INSPECTION
PER

FACILITY
FY22-23

PRICE PER

INSPECTION
PER

FACILITY
FY23-24
INDUSTRIAL HIGH $250.92 $262.22
INDUSTRAL MEDIUM $200.74 $209.77
INDUSTRIAL LOW $100.37 $104.89
RESTAURANTS HIGH $83.64 $87.41
RESTAURANTS MEDIUM $66.91 $69.92
RESTAURANTS LOW $50.18 $52.44
COMMERCIAL HIGH $72.49 $75.75
COMMERCIAL MEDIUM $61.34 $64.10
COMMERCIAL LOW $50.18 $52.44
Other - Inactive / Residential / Non-Inspection (1/2 Commercial Low) $25.09 $26.22 FOLLOW-UP AND REINSPECTIONS No Charge No Charge
POST CONSTRUCTION BEST MANAGEMENT PRACTICES (Residential and Commercial) $167.28 $174.81
Additional services may be billed at the following labor rates:

LABOR CATEGORY 2022-2023 2023-2024
PRINCIPAL IN CHARGE $ 115.68 $ 121.46
SENIOR CONSULTANT / PRINCIPAL ENGINEER $ 115.68 $ 121.46 SENIOR SUPERVISING INSPECTOR $ 70.63 $ 74.16
NPDES INSPECTOR II $ 63.01 $ 66.17
NPDES INSPECTOR I $ 49.01 $ 51.46
ADMINISTRATIVE ASSISTANT II $ 37.81 $ 39.70
Mileage (At IRS Published Rates) $ 0.625 $ 0.641
Mark-Up Percentage on Outside Services: 10.000% 10.000% Reimbursables (Travel and Reproduction) at actual cost.

Invoicing shall be monthly, upon submission of invoice as has been past practice.

Sincerely,
Lynn Merrill
Principal

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Packet Pg. 232 Attachment: NPDES Program Support proposal for FY22-23 (PSA for Lynn Merrill - NPDES Technical Support FY 22-23) June 21, 2022
TO: City Council
REQUESTED BY: Arthur Mullen, Water Utilities Superintendent APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force
RECOMMENDATION:

Staff recommends that the City Council approve Amendment Number 3 to the Agreement to form the Lake Elsinore and Canyon Lake TMDL Task Force.

DISCUSSION:

The 1972 amendments to the Federal Water Pollution Control Act (known as the Clean Water Act or CWA) provide the statutory basis for the NPDES permit program and the basic structure for regulating the discharge of pollutants from point sources to waters of the United States.

Section 402 of the CWA specifically required EPA to develop and implement the NPDES program. At the Regional level, the Santa Ana Regional Water Quality Control Board is charged with the responsibility of implementing all elements of the Clean Water Act. This is accomplished via a regional permit that is issued to all Co-Permittees within the county. In the county, the Riverside County Flood Control and Water Conservation District (RCFCWCD) acts as the principal Permittee for the administration of the NPDES program, while the cities, including San Jacinto, are Co-Permittees.

In 1998, the Santa Ana Regional Water Quality Control Board designated Lake Elsinore and Canyon Lake in the Lake Elsinore and San Jacinto Watershed as impaired water bodies because of high levels of algae in both lakes and low oxygen levels in Lake Elsinore that were attributed to excessive nitrogen and phosphorous levels flowing in from the watershed. As such, the Regional Board was required to establish a Total Maximum Daily Load (TMDL) for both lakes.

In December 2004, the Regional Board amended the Basin Plan to incorporate nutrient TMDLs for both lakes. This Basin Plan Amendment requires the adoption of an implementation plan by the various stakeholders, either collectively or individually, setting forth specific actions that all parties will undertake to meet the TMDL requirements.

Since the cost to the individual stakeholders for individually implementing the TMDL was considered prohibited, on June 18, 2012, the various parties enacted an agreement to form the Lake Elsinore and Canyon Lake TMDL to undertake the various studies, plans, and actions necessary to comply with the regulatory requirements established by the Regional Board through the TMDL. The task force is administered by the Santa Ana Watershed Protection Authority (SAWPA), coordinates various monitoring activities, and develops special studies and other activities agreed to by the Task Force. Currently, the Task Force is completing a significant revision to the original TMDL, which is expected to be approved in 2019 by the Regional Board,

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the State Water Resources Control Board, and the Federal Environmental Protection Agency. A copy of the original agreement is shown as Attachment 1.

The original agreement was for a five-year period, from June 2012 to June 30, 2017. In June 2018, the Council approved Amendment Number 1, which extended the original agreement from July 1, 2017, to June 30, 2020 (Attachment 2), with an option to extend the agreement further to June 30, 2022, on the recommendation of the Task Force Administrator and consent of the Task Force. Amendment Number 2 (Attachment 3) was authorized by the Task Force Administrator and extended the agreement from June 2020 to June 2022. Amendment 3 (Attachment 4), if authorized, will extend the agreement from July 1, 2022, to June 30, 2025, and allow the Task Force Administrator to extend the agreement administratively to June 30, 2027.

FISCAL IMPACT:

The proposed budget for the City’s share of the Lake Elsinore/Canyon Lake TMDL task force is $32,082 for Fiscal Year 2022-2023, and has been included in the 2022-2023 Budget proposal.

Future Task Force costs may be approximately $35,000 due to additional implementation tasks resulting from the proposed revisions to the TMDL, which commenced in 2018. Staff and program consultants continue to work to reduce the annual costs of the Task Force through active participation in the Task Force.

ATTACHMENTS:

TMDL-LE-CL-Agmt-to form Task Force
LECL-TMDL-Task-Force-Amendment-1
LECL-TMDL-Task-Force-Amendment-2
LECL TMDL Task Force - Amendment 3 to Agmt Final Draft

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Packet Pg. 235 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 236 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 237 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 238 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 239 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 240 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 241 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 242 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 243 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 244 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 245 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 246 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 247 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 248 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 249 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 250 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 251 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 252 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 253 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 254 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 255 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 256 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 257 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 258 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 259 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 260 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 261 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 262 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 263 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 264 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 265 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 266 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 267 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 268 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 269 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 270 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 271 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 272 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 273 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 274 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 275 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 276 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 277 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 278 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 279 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 280 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 281 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 282 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 283 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 284 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

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Packet Pg. 285 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

3.A.12.a
Packet Pg. 286 Attachment: TMDL-LE-CL-Agmt-to form Task Force (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake k/Admin/Contracts/Drafted/Planning/LE&CLTMDLAmend1to2012Agmt AMENDMENT NO. 1
TO THE

AGREEMENT TO FORM THE

LAKE ELSINORE AND CANYON LAKE

TMDL TASK FORCE

Pursuant to Covenants II, Section 21. of that certain AGREEMENT entitled, “Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force” (“Task Force Agreement”), dated June 18, 2012; and
Whereas this Task Force Agreement initially had been prepared for a five-year term and therefore is set to expire on the date of June 30, 2017, the TASK FORCE AGENCIES as named in the Agreement (Exhibit A), hereby agree to the following changes:

I. Extend the term of the Task Force Agreement to June 30, 2020, and II. Stipulate the option that the Agreement, while still in full force and effect, may be extended an additional two years, to June 30, 2022, by means of Administrative Action by the Task Force Administrator.

Except as otherwise expressly amended herein, all of the terms, conditions, and provisions of the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force (Exhibit A) shall continue in full force and effect.

This Amendment No. 1 may be executed in original counterparts, which together shall constitute a single Agreement document.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below.

LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY (LESJWA) BY _________________________________________________________ Mark Norton, LESJWA Authority Administrator Date

3.A.12.b
Packet Pg. 287 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CALIFORNIA DEPARTMENT OF TRANSPORTATION
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
Attorney Date

3.A.12.b
Packet Pg. 288 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
Attorney Date

3.A.12.b
Packet Pg. 289 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF BEAUMONT
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 290 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 5 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF CANYON LAKE
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 291 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 6 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF HEMET
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 292 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 7 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF LAKE ELSNIORE
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 293 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 8 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF MENIFEE
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 294 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 9 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF MORENO VALLEY
By:____________________________________________
Mayor
Date:___________________________________________
ATTEST:

By:____________________________________________
City Clerk

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 295 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF MURRIETA
By:____________________________________________
Mayor
Date:___________________________________________
ATTEST:

By______________________________________________
City Clerk

3.A.12.b
Packet Pg. 296 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 11 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF PERRIS
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 297 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 12 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF RIVERSIDE
By:____________________________________________
City Manager
Date:___________________________________________
ATTEST:

By:_____________________________________________
City Clerk

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 298 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 13 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF SAN JACINTO
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 299 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 14 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF WILDOMAR
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.b
Packet Pg. 300 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 15 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
Recommended for Approval:

COUNTY OF RIVERSIDE
By:____________________________________________

Title:___________________________________________
Date:___________________________________________
ATTEST:

By:_____________________________________________
City Clerk

APPROVED AS TO FORM
By______________________________________________
County Counsel Date

3.A.12.b
Packet Pg. 301 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 16 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

EASTERN MUNICIPAL WATER DISTRICT
By:____________________________________________

Title:___________________________________________
Date:___________________________________________

3.A.12.b
Packet Pg. 302 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 17 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

ELSINORE VALLEY MUNICIPAL WATER DISTRICT
By:____________________________________________

Title:___________________________________________
Date:___________________________________________

3.A.12.b
Packet Pg. 303 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 18 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

MARCH JOINT POWERS AUTHORITY
By:____________________________________________

Title:___________________________________________
Date:___________________________________________

3.A.12.b
Packet Pg. 304 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 19 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Recommended for Approval:

By:____________________________________________

Title:___________________________________________
Date:___________________________________________

APPROVED AS TO FORM:

By:____________________________________________
County Counsel
ATTEST:

By:____________________________________________
Clerk of the Board

3.A.12.b
Packet Pg. 305 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 20 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
U.S. AIRFORCE (MARCH AIR RESERVE BASE)
By:____________________________________________

Title:___________________________________________
Date:___________________________________________

3.A.12.b
Packet Pg. 306 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 21 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

WESTERN RIVERSIDE COUNTY AGRICULTURAL COALITION
On behalf of the participating Dairy Operators and participating Agricultural Operators in the San Jacinto River Basin
By:____________________________________________

Title:___________________________________________
Date:___________________________________________

3.A.12.b
Packet Pg. 307 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake 22 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD
By:____________________________________________

Title:___________________________________________
Date:___________________________________________

3.A.12.b
Packet Pg. 308 Attachment: LECL-TMDL-Task-Force-Amendment-1 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake

3.A.12.c
Packet Pg. 309 Attachment: LECL-TMDL-Task-Force-Amendment-2 (Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake LECL TMDL Task Force – Amendment 3 to 2012 Agreement
AMENDMENT NO. 3
TO THE

AGREEMENT TO FORM THE

LAKE ELSINORE AND CANYON LAKE

TMDL TASK FORCE
Pursuant to Covenants II, Section 21. of that certain AGREEMENT entitled, “Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force” (“Task Force Agreement”), dated June 18, 2012; and
Whereas this Task Force Agreement initially had been prepared for a five-year term and subsequently twice extended for additional five-year terms and therefore is set to expire on the date of June 30, 2022.

Therefore, the TASK FORCE AGENCIES as named in the Agreement (Exhibit A), hereby agree to the following changes:

I. Extend the term of the Task Force Agreement to June 30, 2025, and II. Stipulate the option that the Agreement, while still in full force and effect, may be extended an additional two years, to June 30, 2027, by means of Administrative Action by the Task Force Administrator.

Except as otherwise expressly amended herein, all of the terms, conditions, and provisions of the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force (Exhibit A) shall continue in full force and effect.

This Amendment No. 3 may be executed in original counterparts, which together shall constitute a single Agreement document.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below.

LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY (LESJWA) BY _________________________________________________________ Mark Norton, LESJWA Authority Administrator Date

3.A.12.d
Packet Pg. 310 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CALIFORNIA DEPARTMENT OF TRANSPORTATION
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
Attorney Date

3.A.12.d
Packet Pg. 311 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
Attorney Date

3.A.12.d
Packet Pg. 312 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF BEAUMONT
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 313 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 5 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF CANYON LAKE
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 314 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 6 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF HEMET
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 315 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 7 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF LAKE ELSNIORE
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 316 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 8 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF MENIFEE
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 317 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 9 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF MORENO VALLEY
By:____________________________________________
Mayor
Date:___________________________________________
ATTEST:

By:____________________________________________
City Clerk

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 318 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF MURRIETA
By:____________________________________________
Mayor
Date:___________________________________________
ATTEST:

By______________________________________________
City Clerk

3.A.12.d
Packet Pg. 319 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 11 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF PERRIS
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 320 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 12 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF RIVERSIDE
By:____________________________________________
City Manager
Date:___________________________________________
ATTEST:

By:_____________________________________________
City Clerk

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 321 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 13 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF SAN JACINTO
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 322 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 14 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

CITY OF WILDOMAR
By:____________________________________________
Mayor
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
City Attorney Date

3.A.12.d
Packet Pg. 323 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 15 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
Recommended for Approval:

COUNTY OF RIVERSIDE
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
ATTEST:

By:_____________________________________________
City Clerk

APPROVED AS TO FORM
By______________________________________________
County Counsel Date

3.A.12.d
Packet Pg. 324 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 16 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

EASTERN MUNICIPAL WATER DISTRICT
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

3.A.12.d
Packet Pg. 325 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 17 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

ELSINORE VALLEY MUNICIPAL WATER DISTRICT
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

3.A.12.d
Packet Pg. 326 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 18 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

MARCH JOINT POWERS AUTHORITY
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

3.A.12.d
Packet Pg. 327 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 19 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Recommended for Approval:

By:____________________________________________
Title:___________________________________________
Date:___________________________________________
APPROVED AS TO FORM:

By:____________________________________________
County Counsel
ATTEST:

By:____________________________________________
Clerk of the Board

3.A.12.d
Packet Pg. 328 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 20 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
U.S. AIRFORCE (MARCH AIR RESERVE BASE)
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

3.A.12.d
Packet Pg. 329 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 21 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

WESTERN RIVERSIDE COUNTY AGRICULTURAL COALITION
On behalf of the participating Dairy Operators and participating Agricultural Operators in the San Jacinto River Basin
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

3.A.12.d
Packet Pg. 330 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 22 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD
By:____________________________________________
Title:___________________________________________
Date:___________________________________________

3.A.12.d
Packet Pg. 331 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake 23 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below

LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY (LESJWA) By:____________________________________________
Title:___________________________________________
Date:___________________________________________

APPROVED AS TO FORM
By______________________________________________
LESJWA Authority Administrator Date

3.A.12.d
Packet Pg. 332 Attachment: LECL TMDL Task Force - Amendment 3 to Agmt Final Draft (Approve Amendment No. 3 to the Agreement to Form the Lake June 21, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2020-1 Public Hearing - Annex 5, DWSJ
RECOMMENDATION:

Staff recommends that the City Council:

1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2020-1.

2. ADOPT Resolution No. 3929, authorizing the annexation of territory into CFD 2020-1 and the levy of a Special Tax, and submitting the levy of Special Tax to the Qualified Electors.

3. CALL upon the City Clerk to conduct the Special Annexation Landowner Election.

4. ADOPT Resolution No. 3930, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien.

5. INTRODUCE Ordinance No. 22-06, levying a Special Tax within CFD 2020-1, including Annexation No. 5, for a first reading:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL

TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 5 (TAX ZONE NO. 6),

INTO SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2020-1
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

4.1 Packet Pg. 333
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. Based upon a petition from the property owner, the City Council declared its intention to annex this territory, commonly known as the site of Tommy's Car Wash and The Habit Burger, into CFD 2020-1 by adopting Resolution 3913 at their meeting of May 17, 2022, which also established the Public Hearing date tonight.

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 equal to the annual change in the April-to-April Riverside-San Bernardino-Ontario CPI-U Index up to a maximum factor of 5%.

ATTACHMENTS:

CFD 2020-1 Annex. No. 5 - Resolution 3929 Calling Election CFD 2020-1 Annex. No. 5 - Resolution 3930 Declaring Results CFD 2020-1 Annex. No. 5 - Ordinance 22-06

4.1 Packet Pg. 334
Resolution No. 3929

RESOLUTION NO. 3929

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO CALLING SPECIAL ELECTION AND

SUBMITTING TO THE QUALIFIED ELECTORS OF

TERRITORY PROPOSED TO BE ANNEXED TO SAN
JACINTO COMMUNITY FACILITIES DISTRICT NO. 2020-1

THE QUESTION OF LEVYING SPECIAL TAXES WITHIN
THAT TERRITORY (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 heretofore conducted proceedings for the establishment of and 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, 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; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution No. 3913, a resolution of intention to annex territory to the District pursuant to Section 53339.2 of the California Government Code, determining that the public convenience and necessity require that certain property, consisting of approximately 2.28 acres, be annexed to the District and containing all of the matters prescribed by Section 53339.3 of said Code, and fixing 6:30 p.m., or as soon thereafter as the matter may be heard, on June 21, 2022, in the San Jacinto Community Center, located at 625 S. Pico Avenue, San Jacinto, California, as the time and place for a hearing upon said resolution; and WHEREAS, pursuant to said resolution, the City Clerk has published and mailed notice of the time and place of said hearing as required by Section 53339.4 of said Code; and

4.1.a
Packet Pg. 335 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3929 Calling Election (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3929
-2-
WHEREAS, on June 21, 2022, at the time and place of said hearing, the City Council afforded all interested persons for or against the annexation of said property to the District an opportunity to present testimony and to protest against the proposed annexation of said property to the District, and no protests, either oral or in writing, were received; and
WHEREAS, pursuant to Section 53339.7 of said Code, the City Council may now submit the question of levying a special tax within the territory proposed to be annexed to the District to the qualified electors within that territory.

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

Section 1. Findings. The City Council finds that: (i) the foregoing recitals are correct; (ii) less than 12 persons have been registered to vote within the territory proposed to be annexed to the District during the 90 days preceding the close of the public hearing held on June 21, 2022, and no persons are registered to vote therein; (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory proposed to be annexed to the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within said territory which would be subject to the proposed special taxes if they were levied at the time of the election; and (iv) pursuant to said Section 53326, the special election must be held at least 90 days, but not more than 180 days following the date of the adoption of this resolution, unless such time periods are waived with the unanimous waiver of the qualified electors. All of the qualified electors in the territory to be annexed waived the time limits and election formalities of the special election.

Section 2. Special Election. A special election is called for and shall be held on June 21, 2022, for the purpose of submitting to the qualified electors of the territory proposed to be annexed to the District the question of whether special taxes shall annually be levied within said territory to pay the costs of (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights-of-way, including, but not limited to, street trees, fencing, irrigation systems, sidewalks, drainage systems, graffiti removal, replacement, furnishing of water, electric current or

4.1.a
Packet Pg. 336 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3929 Calling Election (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3929
-3-
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 Mello-Roos Community Facilities Act of 1982, the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services, and costs otherwise incurred in order to carry out the authorized purposes of the District pursuant to the Rates and Method of Apportionment of the Special Taxes, attached as Exhibit "C" to Resolution No. 3913.

Section 3. Ballot Proposition. The proposition to be submitted on June 21, 2022, to the qualified electors of the territory proposed to be annexed to the District shall be as follows:

Proposition A
Shall Proposition A authorizing the annual levy of special taxes on taxable property in the territory proposed to be annexed to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California, to pay the costs of services to be provided for (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights-of-way, 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 Mello-Roos Community Facilities Act of 1982, and to pay costs associated with the determination of the amount of and the levy and collection of the special taxes at the special tax rates as set forth in Exhibit "C" to Resolution No. 3913 be approved?

4.1.a
Packet Pg. 337 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3929 Calling Election (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3929
-4-
Section 4. Conduct of Election. Except as otherwise provided in Section 5 hereof, said election shall be conducted by the City Clerk (the "City Clerk") pursuant to the provisions of the California Elections Code governing elections of cities, and the provisions of Division 4 (commencing with Section 4000) of said Code, insofar as they may be applicable.

Section 5. Election Procedures. The procedures to be followed in conducting said election shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code, 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.
(b) Pursuant to applicable sections of the aforementioned provisions of the California Elections Code governing the conduct of mail ballot elections, including in particular Division 4 (commencing with Section 4000) of said Code, the City Clerk shall mail or deliver to each qualified elector an official ballot in the form attached hereto as Exhibit "A" 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 return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of Resolution No. 3913.
(c) The official ballot to be mailed by the City Clerk to each landownervoter 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 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

4.1.a
Packet Pg. 338 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3929 Calling Election (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3929
-5-
certifying as to the acreage of the landowner-voter's land ownership within the District.
(d) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: the name of the landowner, the address of the landowner, 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, the printed name and signature of the voter, the address of the voter, the date of signing and place of execution of said declaration, and a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(e) The information-to-voter form to be mailed 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.
(f) 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 as to the results of such canvass and the election on the proposition set forth in the official ballot.

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Packet Pg. 339 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3929 Calling Election (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3929
-6-
PASSED, APPROVED, and ADOPTED this 21st day of June 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
________________________________
Crystal Ruiz, Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

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

4.1.a
Packet Pg. 340 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3929 Calling Election (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3929

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. 3929 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 21st day of June 2022.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 21st day of June, 2022. ________________________________
City Clerk
City of San Jacinto

4.1.a
Packet Pg. 341 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3929 Calling Election (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3929
EXHIBIT "A"

OFFICIAL BALLOT

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

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA
June 21, 2022
To vote, mark a cross (+ or X) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Jacinto and obtain another.

PROPOSITION A: Shall Proposition A
authorizing the annual levy of special taxes on
taxable property in the territory proposed to be
annexed to San Jacinto Community Facilities
District No. 2020-1, County of Riverside, State
of California, to pay the costs of services to be
provided for (a) the maintenance of landscaped
areas, parkways and medians improvements
throughout the District and public rights-of-way,
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 MelloRoos Community Facilities Act of 1982, and to pay costs associated with the determination of
the amount of and the levy and collection of the
special taxes at the special tax rates as set forth
in Exhibit "C" to Resolution No. 3913 be
approved?
Y
YES
N
NO

4.1.a
Packet Pg. 342 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3929 Calling Election (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3930

RESOLUTION NO. 3930

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO DECLARING THE RESULTS OF THE

SPECIAL ELECTION FOR SAN JACINTO COMMUNITY
FACILITIES DISTRICT NO. 2020-1 ON THE

PROPOSITION OF THE ANNUAL LEVY OF SPECIAL

TAXES WITHIN THE TERRITORY PROPOSED TO BE

ANNEXED TO SAID COMMUNITY FACILITIES DISTRICT

TO PAY THE COSTS OF CERTAIN SERVICES TO BE

PROVIDED BY THE COMMUNITY FACILITIES DISTRICT,

DETERMINING THAT THE TERRITORY PROPOSED TO

BE ANNEXED IS ADDED TO AND PART OF SAID

COMMUNITY FACILITIES DISTRICT WITH FULL LEGAL

EFFECT, AND ORDERING THE RECORDING OF A MAP

OF THE BOUNDARIES OF SAID COMMUNITY

FACILITIES DISTRICT INCLUDING THE TERRITORY
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 heretofore conducted proceedings for the annexation of approximately

2.28 acres of land to San Jacinto Community Facilities District No. 2020-1, County of Riverside, State of California (the "District") including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for June 21, 2022, and submitting to the qualified electors of the territory to be annexed to the District the question of levying special taxes within that territory to pay the costs of (a) the maintenance of landscaped areas, parkways and medians improvements throughout the District and public rights-ofway, 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 street lights, traffic signals and appurtenance 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 Mello-Roos Community Facilities Act of

4.1.b
Packet Pg. 343 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3930 Declaring Results (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3930
1982; and the costs associated with the determination of the amount of and levy and collection of special taxes which will be levied to provide the services and costs otherwise incurred in order to carry out the authorized purposes of the District (the "Election Resolution"); and
WHEREAS, the City Council has received a statement from the City Clerk (the "City Clerk"), who, pursuant to the Election Resolution, was authorized to conduct such special election and act as the election official, therefore, with respect to the canvass of the ballots returned in and the results of said special election, certifying that at least two-thirds of the votes cast upon the proposition submitted to the qualified electors in said special election were in favor of such proposition.

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. Findings. The City Council finds that: (i) there are no registered voters residing within the territory proposed to be annexed to the District (the "Territory") at the time of the close of the public hearing on June 21, 2022, and pursuant to Section 53326 of the
Government Code, the vote in said special election was, therefore, to be by the landowners owning land within the Territory, with each landowner having one vote for each acre or portion thereof of land that he or she owned within the Territory; (ii) pursuant to said Section 53326 and the Election Resolution, the City Clerk caused to be delivered an official ballot for the special election to the owner of the land within the Territory, with return postage prepaid; (iii) said special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (iv) pursuant to said Section 53326, OC Development, LLC, the owner of all the land within the Territory, was entitled to three (3) votes; (v) said landowner returned its ballot to the City Clerk prior to the time set by the City Clerk for the close of the election on June 21, 2022; (vi) the ballot returned to the City Clerk by said landowner voted all votes of said landowner in favor of the proposition set forth therein; (vii) at least two-thirds of the votes cast in such special election on said proposition were in favor thereof, and pursuant to Sections 53328 and 53329 of the Government Code, said proposition carried; (ix) pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the Territory to be annexed has been added to and become a

4.1.b
Packet Pg. 344 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3930 Declaring Results (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3930
part of the District with full legal effect; and (x) the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the Territory to pay the costs of the services to be provided by the District.

Section 3. Declaration of Results. At least two-thirds of the votes voted in the special election on the proposition of the annual levy of special taxes within the Territory to pay the costs of the services to be provided by the District were voted in favor thereof, and such proposition carried.

Section 4. Annexation. The Territory is annexed and added to and is a part of the District with full legal effect, and the City Council shall annually levy special taxes within the Territory at the rates as specified in Resolution No. 3913 adopted by the City Council on May 17, 2022, to pay costs of certain services to be provided by the District. The boundaries of the Territory are shown on the map 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 was recorded on May 24, 2022, in the office of the County Recorder of the County of Riverside as Document No. 2022-0239476.

Section 5. Notice. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the District including the Territory.

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Packet Pg. 345 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3930 Declaring Results (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3930

PASSED, APPROVED, and ADOPTED this 21st day of June 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:

________________________________
Crystal Ruiz, Mayor
ATTEST:

City Clerk
APPROVED AS TO FORM:

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

4.1.b
Packet Pg. 346 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3930 Declaring Results (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 3930

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. 3930 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 21st day of June 2022.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 21st day of June 2022. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.1.b
Packet Pg. 347 Attachment: CFD 2020-1 Annex. No. 5 - Resolution 3930 Declaring Results (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 22-06

STATE OF CALIFORNIA ) ORDINANCE NO. 22-06

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO AUTHORIZING THE LEVY OF SPECIAL

TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 5 (TAX ZONE NO. 6),

INTO SAN JACINTO COMMUNITY FACILITIES DISTRICT
NO. 2020-1
A. Recital
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, the rate and method of apportionment of special tax for the District is set forth in Exhibit “C” to the City Council Resolution No. 3913, which was adopted on May 17, 2022; and
WHEREAS the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for the annexation (the “Annexation Territory”), the City Council, on June 21, 2022, adopted a Resolution which declared the results of the special election and determined that the territory proposed to be annexed is added to and part of the District.

B. Ordinance

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2020-1, DOES HEREBY ORDAIN AS FOLLOWS:

4.1.c
Packet Pg. 348 Attachment: CFD 2020-1 Annex. No. 5 - Ordinance 22-06 (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 22-06

Section 1. The foregoing recitals are true and correct.

Section 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the District, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in accordance with the rate and method of apportionment of special tax set forth in Resolution No. 3913, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2020 pursuant to Ordinance No. 20-08 passed and adopted by the City Council on July 7, 2020, and the special tax is hereby levied commencing in Fiscal Year 2022/23 in the District, including the Annexation Territory identified as Annexation No. 5 (Tax Zone No. 6), and in each fiscal year thereafter to pay for the services for the District and the costs of administering the District.

Section 3. The City Manager of the City or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in Resolution No. 3913.

Section 4. Exemptions from the levy of the special tax shall be as provided in Resolution No. 3913 and the applicable provisions of the Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in Resolution No. 3913.

Section 5. All of the collections of the special tax shall be used as provided in the Community Facilities District Law and in Resolution No. 3913, including, but not limited to, the payment of the costs of the services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax.

Section 6. The special tax shall be collected in the same manner and at the same time as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the District

4.1.c
Packet Pg. 349 Attachment: CFD 2020-1 Annex. No. 5 - Ordinance 22-06 (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 22-06

may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. The City Manager of the City, or his designee, is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax so that the special tax shall be included on the secured property tax roll of the County of Riverside for Fiscal Year 2022/23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

Section 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.

Section 8. The Mayor shall sign this Ordinance, and the City Clerk shall cause the same, or a summary of it, to be published immediately after its passage at least once in a newspaper of general circulation for the City.

Section 9. This Ordinance shall take effect 30 days from the date of final passage.

4.1.c
Packet Pg. 350 Attachment: CFD 2020-1 Annex. No. 5 - Ordinance 22-06 (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 22-06

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on June 21, 2022.

PASSED, APPROVED, and ADOPTED this 5
th day of July 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

4.1.c
Packet Pg. 351 Attachment: CFD 2020-1 Annex. No. 5 - Ordinance 22-06 (CFD 2020-1 Public Hearing - Annex 5, DWSJ) Resolution No. 22-06

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 22-06 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 5th of July, 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 5th day of April 2022.
_____________________________
Julia Espinoza
City of San Jacinto

4.1.c
Packet Pg. 352 Attachment: CFD 2020-1 Annex. No. 5 - Ordinance 22-06 (CFD 2020-1 Public Hearing - Annex 5, DWSJ) June 21, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CFD 2003-1 Public Hearing - Annex 63, DWSJ
RECOMMENDATION:

Staff recommends that the City Council:

1. HOLD the Public Hearing related to the Annexation of Territory into CFD 2003-1.

2. ADOPT Resolution No. 3931, authorizing the annexation of territory to CFD 2003-1 and the levy of a Special Tax, and submitting the levy of Special Tax to the Qualified Electors.

3. CALL upon the City Clerk to conduct the Special Annexation Landowner Election.

4. ADOPT Resolution No. 3932, declaring the results of a Special Annexation Landowner Election and directing the recording of an amended Notice of Special Tax Lien.

5. INTRODUCE Ordinance No. 22-07, for a first reading and levying a Special Tax within CFD 2003-1, including Annexation No. 63:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

JACINTO LEVYING A SPECIAL TAX WITHIN CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1, INCLUDING CERTAIN

ANNEXATION TERRITORY
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. Based upon a petition from the property owner(s), the City Council declared its intention to annex this territory, commonly known as the site of Tommy’s Car Wash and The Habit Burger, located north-west of Commonwealth Avenue and San Jacinto Avenue, into CFD 2003-1 by adopting Resolution 3914 at their meeting of May 17, 2022, which also established the Public Hearing date to tonight.

4.2 Packet Pg. 353
The City Clerk has received the ballots from the property owner(s) necessary to declare the results of the Special Election.

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 Exhibit B of Resolution 3914.

ATTACHMENTS:

CFD 2003-1 Annex. No. 63 - Resolution 3931 Calling Election CFD 2003-1 Annex. No. 63 - Resolution 3932 Declaring Results CFD 2003-1 Annex. No. 63 - Ordinance 22-07

4.2 Packet Pg. 354
Resolution No. 3931

RESOLUTION NO. 3931

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

A RESOLUTION OF THE CITY COUNCIL OF SAN JACINTO,

AUTHORIZING THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2003-1,

AUTHORIZING THE LEVY OF A SPECIAL TAX AND

SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED

ELECTORS
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63
RESOLVED by the City Council (the “Council”) of the City of San Jacinto (the “City”), County of Riverside, State of California, that:

WHEREAS, on May 17, 2022, the Council adopted Resolution No. 3914 entitled “A Resolution of the City Council 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” (the “Resolution of Intention to Annex”), stating its intention to annex certain territory into Community Facilities District No. 2003-1 (the “CFD”) pursuant to the Mello Roos Community Facilities Act of 1982, Section 53311, and following of the California Government Code (the “Act”); and
WHEREAS, a copy of the Resolution of Intention to Annex, incorporating a description and map of the proposed boundaries of the annexation territory (the “Annexation No. 63”), stating the services to be provided, and the rate and method of special tax to be levied within the Annexation No. 63 to pay for the services, is on file with the City Clerk, and the provisions thereof are fully incorporated herein by reference; and WHEREAS, on the date hereof, the Council held a noticed public hearing as required by the Act and the Resolution of Intention to Annex relative to the proposed annexation of territory to the CFD and the levy of special taxes in the Annexation No. 63; and
WHEREAS, at such hearing, all interested persons desiring to be heard on all matters pertaining to the Annexation No. 63 to the CFD and the levy of special taxes within the Annexation No. 63 were heard, and a full and fair hearing was held; and WHEREAS, prior to the time fixed for the hearing, written protests have not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD; or (ii) 50% or more of the registered voters, or six registered voters, whichever is more,

4.2.a
Packet Pg. 355 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3931 Calling Election (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3931

residing in the territory proposed to be annexed; or (iii) owners of one-half or more of the area of land in the existing CFD; or (iv) owners of one-half or more of the area of land in the territory proposed to be annexed.

WHEREAS, the annexation map of Annexation No. 63 has been filed with the County Recorder of Riverside County, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk.

NOW, THEREFORE, it is hereby RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of San Jacinto as follows:

SECTION 1. Recitals. The foregoing recitals are true and correct.

SECTION 2. Prior Proceedings. All prior proceedings taken by this Council with respect to the CFD and the proposed Annexation No. 63 have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act.

SECTION 3. Prior Resolution. The provision of the Resolution of Intention to Annex previously adopted by the Council for the CFD are by referenced incorporated herein.

SECTION 4. Boundaries. The boundaries of the territory to be annexed to the CFD, as described in Annexation Map No. 63, is on file with the City Clerk and heretofore recorded in the Riverside County Recorder’s Office on May 24, 2022, in Book 88 at Page 90 of Maps of Assessment and Community Facilities Districts, Instrument No. 2022- 0239475, is hereby approved, and incorporated herein by this reference, and shall be included within the boundaries of the CFD, and said territory is hereby ordered annexed to the CFD, subject to voter approval of the levy of special taxes therein as provided.

SECTION 5. Election. Pursuant to the provision of the Act, the propositions of (i) the annexation of the Annexation No. 63 and (ii) the levy of special taxes within the Annexation No. 63 shall be submitted to the qualified electors of the Annexation No. 63 at an election called therefore as hereinafter provided.

SECTION 6. Electors Determined. The Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed for each of the 90 days preceding the close of the hearing conducted and concluded by the Council for the purpose of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, the Council finds that for purposes of these

4.2.a
Packet Pg. 356 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3931 Calling Election (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3931

proceedings, the qualified electors are the landowners within the Annexation No. 63 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the Annexation No. 63.

SECTION 7. Applicable Laws. Pursuant to the Act, the election shall be conducted by mailed ballot under Section 4000 of the California Elections Code, provided, however, that for the purposes of setting the date for the election, Sections 53326 and 53327 of the Act shall govern.

SECTION 8. Special Election Called. This Council hereby calls a special election to consider the measure described in the ballot referred to in Exhibit A hereto, which form is hereby approved. The special election shall be held in the meeting room of the Council immediately following adoption of this Resolution. The Council hereby further finds that the provision of the Act requiring a minimum of 90 days to elapse before said election is for the protection of the voters, and the voters have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have thereby been fully protected in these proceedings. This Council also finds and determines that the City Clerk has concurred in the shortened time for the election.

SECTION 9. Election Official. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention to Annex, a certified map of the proposed boundaries of the territory to be annexed to the CFD, and a sufficient description to allow the City Clerk to determine the boundaries of the territory to be annexed to the CFD. The voted ballot shall be returned to the City Clerk no later then immediately following the adoption of this Resolution, and when the qualified elector has voted, the election shall be closed. This Council acknowledges that the City Clerk has caused to be delivered to the sole qualified elector of Annexation No. 63 a ballot in the form set forth in Exhibit A hereto.

The ballot indicated the numbers of votes to be voted by the landowner and was accompanied by all supplies and written instructions for the use and return of the ballot.

SECTION 10. Effective. This resolution shall take effect upon its adoption.

4.2.a
Packet Pg. 357 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3931 Calling Election (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3931

PASSED, APPROVED, and ADOPTED this 21st day of June 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

4.2.a
Packet Pg. 358 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3931 Calling Election (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3931

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. 3931 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 21st day of June 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 21st day of June 2022. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.2.a
Packet Pg. 359 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3931 Calling Election (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3931

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

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of San Jacinto no later than 5:00 p.m. on Tuesday, June 21, 2022, either by mail or in person. The City Clerk’s office is located at 595 S. San Jacinto Avenue, Building A, San Jacinto, California, 92583.

To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of San Jacinto and obtain another.

The amount of money to be raised annually by the levy of the special tax on the property to be annexed to Community Facilities District No. 2003-1 is $1,563.43 in 2021/22 dollars, should the property develop into non-retail commercial use and the rate and duration of the tax to be levied is as set forth in the rate and method of apportionment of special tax for Community Facilities District No. 2003-1.

Shall the measure pursuant to which the City of
San Jacinto, by and for its Community Facilities
District No. 2003-1, shall be authorized to levy
special taxes within the territory annexed to
Community Facilities District No. 2003-1 pursuant
to and as described in the Resolution of the City
Council of the City of San Jacinto of Annexation
of Territory to Community Facilities District,
Authorizing the Levy of Special Tax and
Submitting Levy Of Tax to Qualified Electors,
approved by the City Council on June 21, 2022
be adopted?
YES:

NO:

4.2.a
Packet Pg. 360 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3931 Calling Election (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3931

By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.

Number of Votes: 3
Property Owner:
_________________________
By:

Title:

4.2.a
Packet Pg. 361 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3931 Calling Election (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3932

RESOLUTION NO. 3932

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN JACINTO DECLARING THE RESULTS OF A

SPECIAL ANNEXATION LANDOWNER ELECTION AND

DIRECTING THE RECORDING OF AN AMENDED

NOTICE OF SPECIAL TAX LIEN
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63
RESOLVED by the City Council (the “Council”) of the City of San Jacinto (the “City”), County of Riverside, State of California, that:

WHEREAS, the Council of the City has previously formed a Community Facilities District pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Section 53311, and following of the California Government Code (the “Act”). The existing Community Facilities District being designated as Community Facilities District No. 2003- 1 (the “CFD”); and
WHEREAS, in proceedings heretofore conducted by the Council pursuant to the Act, the Council has heretofore adopted a resolution entitled “A Resolution of the City of San Jacinto, Authorizing the Annexation of Territory to Community Facilities District No. 2003-1, Authorizing the Levy of a Special Tax and Submitting the Levy of the Special Tax to Qualified Electors” (the “Resolution of Annexation”) calling a special election of the qualified landowner electors in the territory of the land proposed to be annexed to the CFD.

WHEREAS, pursuant to the terms of the Resolution of Annexation, adopted by the Council on this date, which is hereby incorporated herein by this reference, the special election has been held, and the City Clerk has on file a Canvass and Statement Result of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A; and WHEREAS, this Council has reviewed the Canvass and hereby approves said Canvass.

NOW, THEREFORE, it is hereby RESOLVED, DETERMINED, AND ORDERED by the City Council of the City of San Jacinto as follows:

4.2.b
Packet Pg. 362 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3932 Declaring Results (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3932

SECTION 1. Recitals. The foregoing recitals are true and correct.

SECTION 2. Issues Presented. The issues presented at the special election were (i) the annexation of territory to the CFD, and (ii) the levy of a special tax within the territory annexed to the CFD.

SECTION 3. Measure Approved. Pursuant to the Canvass, the issues presented at the special election were approved by the landowners of the territory proposed for annexation to the CFD by more than two-thirds of the votes received at the special election.

SECTION 4. Declaration of Annexation. The Council does hereby determine and declare that the annexed territory is now added to and becomes a part of the CFD. The Council, acting as the Legislative Body of the CFD, is hereby empowered to levy the authorized special tax within the annexation territory.

SECTION 5. Authority to Levy. Pursuant to the voter approval, this Council may levy special taxes in the territory in the captioned annexation according to the rate and method of apportionment specified in the resolution of this Council entitled “A Resolution of the City Council 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” adopted on May 17, 2022.

SECTION 6. Prior Proceedings. It is hereby found that all prior proceedings and actions taken by this Council with respect to the CFD and the territory annexed thereto were valid and in conformity with the Act.

SECTION 7. Amendment to Notice of Lien. The City Clerk is hereby directed to complete, execute and cause to be recorded in the office of the County Recorder of the County of Riverside an amendment to the Notice of Special Tax Lien in the form required by the Act, such recording to occur no later than fifteen (15) days following adoption of this Resolution by the Council.

SECTION 8. This Resolution shall take effect upon its adoption.

4.2.b
Packet Pg. 363 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3932 Declaring Results (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3932

PASSED, APPROVED, and ADOPTED this 21st day of June 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

4.2.b
Packet Pg. 364 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3932 Declaring Results (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3932

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. 3932 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on June 21, 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 21st day of June 2022. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.2.b
Packet Pg. 365 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3932 Declaring Results (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Resolution No. 3932
A-1

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

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on June 21, 2022, I canvassed the returns of the election held on June 21, 2022, for the City of San Jacinto Community Facilities District No. 2003-1 Annexation No. 63 and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of San Jacinto Community Facilities
District No. 2003-1 Annexation No. 63
Special Tax Election, June 21, 2022 3_ _____ _____ _____ The amount of money to be raised annually by the levy of the special tax on the property to be annexed to Community Facilities District No. 2003-1 is $1,563.43 in 2021/22 dollars, should the property develop into non-retail commercial use and the rate and duration of the tax to be levied is as set forth in the rate and method of apportionment of special tax for Community Facilities District No. 2003-1.

Shall the measure pursuant to which the City of San Jacinto, by and for its Community Facilities District No. 2003-1, shall be authorized to levy special taxes within the territory annexed to Community Facilities District No. 2003-1 pursuant to and as described in the Resolution of the City Council of the City of San Jacinto of Annexation of Territory to Community Facilities District, Authorizing the Levy of Special Tax and Submitting Levy Of Tax to Qualified Electors, approved by the City Council on June 21, 2022 be adopted?
Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on June 21, 2022.

By:

Julia Espinoza, City Clerk
City of San Jacinto

4.2.b
Packet Pg. 366 Attachment: CFD 2003-1 Annex. No. 63 - Resolution 3932 Declaring Results (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Ordinance No. 22-07

ORDINANCE NO. 22-07

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN JACINTO LEVYING A SPECIAL TAX WITHIN

CITY OF SAN JACINTO COMMUNITY FACILITIES
DISTRICT NO. 2003-1, INCLUDING CERTAIN

ANNEXATION TERRITORY
City of San Jacinto
Community Facilities District No. 2003-1
Annexation No. 63
WHEREAS, the City of San Jacinto (the “City”) has conducted proceedings pursuant to the Mello-Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to establish “City of San Jacinto Community Facilities District No. 2003-1” (the “CFD”) for the purpose of financing certain municipal services (the “Services) as provided in the Act; and
WHEREAS, the City has conducted proceedings to annex territory into the CFD and, in connection therewith, approved supplements to the Original Rate and Method (as supplemented, the “Rate and Method”);

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN JACINTO as follows:

SECTION 1: By the passage of this Ordinance, pursuant to the Act, the Council hereby authorizes and levies the Special Tax within the CFD, including all territory annexed into the CFD prior to the date hereof, at the rate and in accordance with method set forth in the Rate and Method, which rate and method are by this reference incorporated herein. The Special Tax has previously been levied in the original territory of the CFD beginning in fiscal year 2004-05 and the Special Tax is hereby levied commencing in fiscal year 2022-23 in the territory annexed to the CFD subsequent to formation of the CFD, and in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering the CFD.

4.2.c
Packet Pg. 367 Attachment: CFD 2003-1 Annex. No. 63 - Ordinance 22-07 (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Ordinance No. 22-07

The City Council hereby ratifies the levy of special taxes within the CFD pursuant to the Act, at the rate and in accordance with the Rate and Method, in fiscal years 2004-05 through 2021-22.

SECTION 2: The City Manager or designee, or an employee or consultant of the City, is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the CFD, including all territory annexed to the CFD prior to the date hereof, in the manner and as provided in the Rate and Method.

SECTION 3: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation, the Rate and Method and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum Special Tax specified in the Rate and Method.

SECTION 4: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of the Services, the payment of the costs of the City in administering the CFD, and the costs of collecting and administering the Special Tax.

SECTION 5: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the Council may provide for other appropriate methods of collection by resolution(s) of the Council. The City Manager of the City (or the City Manager’s designee) is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Riverside for fiscal year 2022-23 and for each fiscal year thereafter, as set forth above, until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION 6: If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the CFD, including all territory annexed to the CFD prior to the date hereof, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the

4.2.c
Packet Pg. 368 Attachment: CFD 2003-1 Annex. No. 63 - Ordinance 22-07 (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Ordinance No. 22-07

remaining parcels within the CFD, including all territory annexed to the CFD prior to the date hereof, shall not be affected.

SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation circulated in the City.

SECTION 8: This Ordinance shall become effective (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of San Jacinto, County of Riverside.

INTRODUCED at a regular meeting of the City Council of the City of San Jacinto held on June 21, 2022.

PASSED, APPROVED, and ADOPTED this 5th day of July 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

4.2.c
Packet Pg. 369 Attachment: CFD 2003-1 Annex. No. 63 - Ordinance 22-07 (CFD 2003-1 Public Hearing - Annex 63, DWSJ) Ordinance No. 22-07

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE) SS

CITY OF SAN JACINTO)
I, Julia Espinoza, Deputy City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Ordinance No. 22-07 was regularly passed, approved, and adopted by the Regular Meeting of the San Jacinto City Council held on the 5th of July 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND, AND SEAL the 5th day of April 2022.

_____________________________
Julia Espinoza
City of San Jacinto

4.2.c
Packet Pg. 370 Attachment: CFD 2003-1 Annex. No. 63 - Ordinance 22-07 (CFD 2003-1 Public Hearing - Annex 63, DWSJ) June 21, 2022
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: AD 2003-1 Annual Levy FY 22-23
RECOMMENDATION:

Staff recommends that the City Council approve and adopt Resolution No. 3935, confirming a diagram and assessment, and levying the assessment for Assessment District 2003-1 for FY 2022-2023.

BACKGROUND:

Assessment District 2003-1 is divided among 39 zones subject to assessments. The District Engineer’s report is presented as part of the resolution to confirm the Diagram and Levy an Assessment for Fiscal Year 2022-2023. A copy of the Engineer’s report is included for your reference.

This is the seventeenth year that assessments will be levied in Assessment District 2003-1. The Engineer’s Report for FY 2022-2023 proposes assessments of approximately $1,165,947 in 30 zones and approximately 3,768 parcels.

Only properties with estimated special benefits, including an initial operating reserve set up, are being assessed to the property owners in FY 2022-2023. Therefore, not all parcels and zones annexed into Assessment District 2003-1 are being assessed either fully or partially in FY 2022- 2023.

Assessment District 2003-1 is a post-Proposition 218 district. Every year, the maximum assessment rate is increased by the December Engineer News-Record Construction Cost Index for Los Angeles, not to exceed 6.0%, but the actual assessment levies are based on the actual costs incurred up to the maximum assessment amount.

FISCAL IMPACT:

Assessment District 2003-1 would levy and potentially receive $1,165,947 in Assessment District 2003-1 property assessments, which would offset the costs of maintaining the street, road and highway improvements.

ATTACHMENTS:

AD 2003-1 - Resolution 3935 Levying Assessments
AD 2003-1 - List of Fund Numbers
AD 2003-1 FY 22-23 Engineer's Report

4.3 Packet Pg. 371
Resolution No. 3935

STATE OF CALIFORNIA ) RESOLUTION NO. 3935
COUNTY OF RIVERSIDE )ss

CITY OF SAN JACINTO )

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO CONFIRMING DIAGRAM AND
ASSESSMENT FOR ASSESSMENT DISTRICT NO. 2003-1
FOR FISCAL YEAR 2022-2023
WHEREAS, on October 6, 2003, the City Council (the “City Council”) of the City of San Jacinto (the “City”) formed Assessment District No. 2003-1 (the “Assessment District”) pursuant to the Benefits Assessment Act of 1982 (Government Code Section 54703 et seq.) (the “Act”) to finance the maintenance of street, road and highway improvements through the levy of assessments therein; and WHEREAS, NBS, as assessment engineer for the Assessment District, has prepared an engineer’s report for the Fiscal Year 2022-2023 assessment levy (the “Engineer’s Report”);
WHEREAS, subsequent to the formation of the Assessment District, several properties under development were annexed to the Assessment District; WHEREAS, the City has determined that the Assessment District must commence the annual assessment levy in fiscal year 2022-2023 in order to maintain street, road and highway improvements within the Assessment District; and WHEREAS, the City Council now desires to levy the assessment in accordance with the Engineer’s Report.

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

Section 1. Findings. The City Council finds that:
(i) the preceding recitals are correct;
(ii) compliance has been had with all of the applicable requirements of the Act;
(iii) a majority protest to the levy and collection of the proposed assessment has not been filed;
(iv) the City Council may therefore proceed to confirm the diagram and assessment for the Assessment District
for fiscal year 2022-2023; and order the levy and
collection of the assessment;

4.3.a
Packet Pg. 372 Attachment: AD 2003-1 - Resolution 3935 Levying Assessments (AD 2003-1 Annual Levy FY 22-23) Resolution No. 3935

(v) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment
District for the maintenance of streets, road and
highways during fiscal year 2022-2023 as contained in
the Engineer’s Report on file with the City Clerk (the
“Report”), are based on the proportionate special
benefits derived by such lots and parcels from the
availability of such street, road and highway
improvements;
(vi) the proportionate special benefits derived by each such lot or parcel has been determined in relationship to the entirety of the cost of the maintenance of such street, road and highway improvements;
(vii) such assessments do not exceed the reasonable cost of the proportional special benefits conferred on each
such lot and parcel; and
(viii) such assessments will not exceed the maximum
amounts of the assessments authorized by a vote of
the property owners in the Assessment District.

Section 2. Levy of Assessment. Pursuant to the Act, the adoption of this resolution constitutes the levy of the assessment for the maintenance of street, road and highway improvements within the Assessment District during fiscal year 2022-2023, as contained in the Report, and such assessment is hereby
levied. The City Clerk is directed to file a certified copy of this resolution together with the diagram and assessment
contained in the Report with the County Auditor of the County of Riverside, who shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment.

4.3.a
Packet Pg. 373 Attachment: AD 2003-1 - Resolution 3935 Levying Assessments (AD 2003-1 Annual Levy FY 22-23) Resolution No. 3935

APPROVED AND ADOPTED this 21st day of June, 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:
_______________________________
Michael Maurer, City Attorney
Best, Best & Krieger LLP

4.3.a
Packet Pg. 374 Attachment: AD 2003-1 - Resolution 3935 Levying Assessments (AD 2003-1 Annual Levy FY 22-23) Resolution No. 3935

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss

CITY OF SAN JACINTO )

CERTIFICATION
I, Julia Espinoza, City Clerk of the City of San Jacinto, California, certify that Resolution No. 3935 was adopted by the City Council of the City of San Jacinto at its regular meeting held on the 21st day of June 2022 by the following vote:

APPROVED, SIGNED, AND ADOPTED this 21st day of June 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Jacinto this 21st day of June 2022. _______________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.3.a
Packet Pg. 375 Attachment: AD 2003-1 - Resolution 3935 Levying Assessments (AD 2003-1 Annual Levy FY 22-23) AD 2003-1
Resolution No. 3935
City of San Jacinto, County of Riverside
List of Property Tax Fund Numbers
Fund Name Fund Name Fund Name
680093 AD 2003-1 Zone 28
680094 AD 2003-1 Zone 39
680171 AD 2003-1 Zone 19
680195 AD 2003-1 Zone 34
689298 AD 2003-1 Zone 33
689300 AD 2003-1 Zone 1
689301 AD 2003-1 Zone 2
689302 AD 2003-1 Zone 3
689303 AD 2003-1 Zone 6
689304 AD 2003-1 Zone 7
689305 AD 2003-1 Zone 9
689306 AD 2003-1 Zone 4
689307 AD 2003-1 Zone 5
689308 AD 2003-1 Zone 10
689309 AD 2003-1 Zone 11
689310 AD 2003-1 Zone 14
689312 AD 2003-1 Zone 17
689313 AD 2003-1 Zone 18
689314 AD 2003-1 Zone 20
689315 AD 2003-1 Zone 21
689318 AD 2003-1 Zone 13
689362 AD 2003-1 Zone 35
689364 AD 2003-1 Zone 37
689365 AD 2003-1 Zone 12
689366 AD 2003-1 Zone 16
689367 AD 2003-1 Zone 36-A
689368 AD 2003-1 Zone 36-B
689369 AD 2003-1 Zone 15
689370 AD 2003-1 Zone 24
680325 AD 2003-1 Zone 8
680326 AD 2003-1 Zone 23

4.3.b
Packet Pg. 376 Attachment: AD 2003-1 - List of Fund Numbers (AD 2003-1 Annual Levy FY 22-23) nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2022/23 Engineer’s Report For:

Assessment District No. 2003-1
June 2022

4.3.c
Packet Pg. 377 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23)

TABLE OF CONTENTS
ENGINEER’S LETTER ........................................................................................................1 OVERVIEW......................................................................................................................2

2.1 Introduction...............................................................................................................2 PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS ..................................................3

3.1 Street Sweeping ........................................................................................................3

3.2 Slurry Seal..................................................................................................................3

3.3 Grind and Overlay .....................................................................................................3

3.4 Remove and Reconstruct ..........................................................................................3 ESTIMATE OF COSTS .......................................................................................................4 METHOD OF APPORTIONMENT.......................................................................................6 ASSESSMENT DIAGRAM..................................................................................................9 ASSESSMENT ROLL........................................................................................................ 10

4.3.c
Packet Pg. 378 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23)

4.3.c
Packet Pg. 379 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23) Assessment District 2003-1 – City of San Jacinto
Fiscal Year 2022/23 Engineer’s Report 2

OVERVIEW

2.1 Introduction
This Annual Engineer’s Report (the “Report”) describes the City of San Jacinto Assessment District No. 2003-1 and the assessment levy for Fiscal Year 2022/23 based on the historical and estimated cost to maintain the improvements and provide the services that benefit parcels within the District. The District is divided into multiple Zones to allow the assessments to properly match the special benefits provided by the improvements to the assessed parcels within the District. This District, by special benefit assessments, provides funding for the maintenance of interior streets within the boundaries of the District, including street sweeping, slurry seal, grind and overlay of existing pavement, and replacement of damaged curb, sidewalk, and pavement. Each type of service is described in Section 3.

4.3.c
Packet Pg. 380 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23) Assessment District 2003-1 – City of San Jacinto
Fiscal Year 2022/23 Engineer’s Report 3

PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS
Plans and specifications for the improvements have been prepared and approved as part of the improvement plans. These plans and specifications are on file and available for review at the office of the City Engineer and, by reference, have been made part of this report.

3.1 Street Sweeping
This service shall consist of cleaning the streets within the District’s boundary by City forces or by public works contract. The street cleaning will be consistent with the current level of service for existing streets within the City limits.

The District budget and corresponding assessment levies have been reduced to reflect reduced costs for street sweeping resulting from negotiations of a new agreement with CR&R. CR&R will perform the street sweeping services twice per month at no cost to the City. Consequently, the savings have been passed through in the assessment levies.

3.2 Slurry Seal
This service shall consist of providing a slurry seal or asphaltic coating over pavement areas within the District on an average interval of four years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Slurry seal operations will not occur in interval years where grind and overlay or replacement activities, as described below, are scheduled.

3.3 Grind and Overlay
This service shall consist of grinding out the upper two inches (approximately) of asphalt paving and replacing it with a new layer of asphalt on an average interval of twelve years. The service shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work. Grinding and overlay operations shall not occur within interval years where Remove and Reconstruct operations, as described below, are scheduled.

3.4 Remove and Reconstruct
It is estimated that approximately every 36 years the asphaltic layer of the pavement structural section will need to be removed and replaced. In addition, it is assumed that 10% of curb and sidewalk improvements will need to be repaired or replaced, due to normal damage and deterioration. This service shall consist of such removals and replacements and shall be performed by City forces or by public works contract, and shall include all required striping and traffic control associated with the work.

4.3.c
Packet Pg. 381 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23) Assessment District 2003-1 – City of San Jacinto
Fiscal Year 2022/23 Engineer’s Report 4

ESTIMATE OF COSTS
The estimated costs for Fiscal Year 2022/23 include maintenance, servicing and administrative costs. The table reflects the maximum and actual assessment amounts based on such estimated costs.

Zone Description
Maximum
Rate per Lot
or Acre
Maximum
Assessment
per Zone
% of
Maximum
to Levy
Actual
Rate Per
Lot or Acre
Total
of Actual
Rates
1 – Sunset Ranch $390.90 $25,408.92 98.64% $385.58 $25,062.70 2 – Goldencrest 310.07 44,960.78 98.28% 304.74 44,187.30 3 – Park Meadows 333.38 56,676.03 98.33% 327.82 55,729.40 4 – Goldencrest 365.34 28,131.85 98.57% 360.12 27,729.24 5 – Summerfield Ranch 338.88 27,788.45 98.85% 334.98 27,468.36 6 – Durango 373.12 49,624.96 98.70% 368.26 48,978.58
7 – Park Hill 346.46 46,426.41 98.11% 339.90 45,546.60
8 – Mosaico 395.60 36,000.40 73.66% 291.40 26,517.40
9 – Stallions Crossing 377.42 38,874.92 99.01% 373.68 38,489.04 10 – Meadowbrook 284.27 59,981.00 98.43% 279.82 59,042.02 11 – Potter Ranch 320.81 84,374.75 98.55% 316.16 83,150.08 12 – Sandalwood 385.72 48,601.58 98.33% 379.28 47,789.28 13 – Remington/Lyndon Trails 278.49 56,534.54 98.07% 273.12 55,443.36 14 – San Jacinto Ranch 393.85 27,176.33 98.44% 387.70 26,751.30 15 – Parkside Village 302.11 42,295.73 98.45% 297.42 41,638.80 16 – Coventry Acres 302.82 59,354.35 98.22% 297.42 58,294.32 17 – Creekside 320.63 45,850.86 98.54% 315.94 45,179.42 18 – Belicia 354.92 21,650.29 98.56% 349.80 21,337.80
19 – Almaden 415.32 36,548.23 98.78% 410.24 36,101.12
20 – Cottonwood Ranch 265.68 34,805.24 98.17% 260.82 34,167.42 21 – Tamarisk 300.49 76,024.86 98.34% 295.50 74,761.50
22 – Groove 359.16 35,916.02 0.00% 0.00 0.00
23 – CNH 291.70 27,128.73 97.82% 285.34 26,536.62
24 – The Cove 394.24 54,405.25 73.72% 290.62 40,105.56
28 – The Cove 363.69 39,279.55 73.69% 268.00 28,944.00
29 – Cameo Homes 323.23 48,484.58 0.00% 0.00 0.00
30 – Distinctive Homes 294.75 15,327.41 0.00% 0.00 0.00 31 – Ron Clark Ernesto Ruiz NOT ANNEXED
32 – Griffin Communities 366.09 13,545.54 0.00% 0.00 0.00 33 – Meadowbrook II 383.34 21,850.73 98.58% 377.90 21,540.30 34 – Catalpa 307.03 35,616.30 98.28% 301.74 35,001.84
35 – Osborne – Cheyenne 448.14 12,996.35 98.80% 442.76 12,840.04 36 – RSI Park Avenue (Lots 13-
15, 25-31) 754.69 7,546.97 99.13% 748.12 7,481.20

4.3.c
Packet Pg. 382 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23) Assessment District 2003-1 – City of San Jacinto
Fiscal Year 2022/23 Engineer’s Report 5
Zone Description
Maximum
Rate per Lot
or Acre
Maximum
Assessment
per Zone
% of
Maximum
to Levy
Actual
Rate Per
Lot or Acre
Total
of Actual
Rates
36 – RSI Park Avenue (Lots 12,
32) 377.34 754.70 99.13% 374.06 748.12
36 – RSI Park Avenue (Lots 1-
11, 16-24, 33-35) (1) 0.00 0.00 0.00% 0.00 0.00
37 – Shaver 639.80 6,398.05 99.39% 635.90 6,359.00
38 – KS Development 584.38 6,428.23 0.00% 0.00 0.00
39 – Shea 268.35 86,143.29 73.17% 196.34 63,025.14
40 – Kalpesh 391.59 17,621.79 0.00% 0.00 0.00
41 – Carolino 705.51 9,877.17 0.00% 0.00 0.00
42 – DBN Parkside Medical 1,072.75 (2) 16,885.08 0.00% 0.00 0.00 Totals $1,403,296.21 $1,165,946.86
(1) Lots 1-11, 16-24, and 33-35 within Zone 36 will receive no special benefit in Fiscal Year 2022/23 and therefore will not be levied.
(2) The maximum rate per acre for Zone 42 is based on a net acreage of 15.74 at the time of annexation into the District.

4.3.c
Packet Pg. 383 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23) Assessment District 2003-1 – City of San Jacinto
Fiscal Year 2022/23 Engineer’s Report 6

METHOD OF APPORTIONMENT
Assessments levied pursuant to the Benefit Assessment Act of 1982 must be based on the benefit to the parcel, which will be derived from the provision of the services. The services funded by the assessments levied within each Zone include the maintenance of interior streets within such Zone. The formation engineer determined the services funded by a given Zone provide direct and special benefit to property within such Zone.

Typically, identification of the benefits associated with maintenance services is the first step in developing the assessment spread methodology. The District will provide short term and long term maintenance of the streets within each Zone. The resulting benefits to the parcels within each Zone consist of, but are not limited to the following:

1. Safe vehicular and pedestrian access; and

2. Clean and presentable streets and gutters.

In order to allocate the assessments in proportion to the special benefits that each parcel will receive from the services, an in-depth analysis was performed for each Zone upon annexation to the District, since each Zone has its own interior street facilities. The analysis entailed three component tasks: (1) identification of service costs, (2) allocation of costs, and (3) calculation of assessments. The maximum assessment per lot or acre for each Zone was calculated upon annexation to the District.

The initial assessment calculation assumed that if the total number of residential lots or developable acreage within a Zone changed based on the recordation of a final map, the total annual cost would be reallocated to the actual number of residential lots or developable acreage within such Zone.

The method of apportionment and initial maximum assessment rates were prepared and approved as part of each Zone annexation’s Engineer’s Report. The Engineer’s Report for each Zone annexation is on file and available for review at the office of the City Engineer and, by reference, have been made part of this report.

Each year, the maximum assessment rate escalates by an amount equal to the percentage change in the Engineering News-Record Construction Cost Index for Los Angeles (the “Construction Cost Index”), measured as of the month of December in the calendar year which ends in the previous fiscal year, with a maximum annual increase of six percent (6.00%) and a minimum annual increase of zero percent (0.00%).

For Fiscal Year 2022/23, the maximum assessments increased by 6.00%.

The table on the following page describes the method of apportionment per Zone for Fiscal Year 2022/23.

4.3.c
Packet Pg. 384 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23) Assessment District 2003-1 – City of San Jacinto
Fiscal Year 2022/23 Engineer’s Report 7
Zone Assessable Per
Count of Lots
or Acres
FY 2022/23
Actual Rate
Per Lot or
Acre(1)
FY 2022/23
Total of Actual
Rates(1)(2)
1 – Sunset Ranch Residential Lot 65 $385.58 $25,062.70
2 – Goldencrest Residential Lot 145 304.74 44,187.30
3 – Park Meadows Residential Lot 170 327.82 55,729.40
4 – Goldencrest Residential Lot 77 360.12 27,729.24
5 – Summerfield Ranch Residential Lot 82 334.98 27,468.36 6 – Durango Residential Lot 133 368.26 48,978.58
7 – Park Hill Residential Lot 134 339.90 45,546.60
8 – Mosaico Residential Lot 91 291.40 26,517.40
9 – Stallions Crossing Residential Lot 103 373.68 38,489.04 10 – Meadowbrook Residential Lot 211 279.82 59,042.02
11 – Potter Ranch Residential Lot 263 316.16 83,150.08
12 – Sandalwood Residential Lot 126 379.28 47,789.28
13 – Remington/Lyndon Trails Residential Lot 203 273.12 55,443.36 14 – San Jacinto Ranch Residential Lot 69 387.70 26,751.30 15 – Parkside Village Residential Lot 140 297.42 41,638.80 16 – Coventry Acres Residential Lot 196 297.42 58,294.32 17 – Creekside Residential Lot 143 315.94 45,179.42
18 – Belicia Residential Lot 61 349.80 21,337.80
19 – Almaden Residential Lot 88 410.24 36,101.12
20 – Cottonwood Ranch Residential Lot 131 260.82 34,167.42 21 – Tamarisk Residential Lot 253 295.50 74,761.50
22 – Groove Residential Lot 100 0.00 0.00
23 – CNH Residential Lot 93 285.34 26,536.62
24 – The Cove Residential Lot 138 290.62 40,105.56
28 – The Cove Residential Lot 108 268.00 28,944.00
29 – Cameo Homes Residential Lot 150 0.00 0.00
30 – Distinctive Homes Residential Lot 52 0.00 0.00
31 – Ron Clark Ernesto Ruiz Not Assessed
32 – Griffin Communities Residential Lot 37 0.00 0.00
33 – Meadowbrook II Residential Lot 57 377.90 21,540.30 34 – Catalpa Residential Lot 116 301.74 35,001.84
35 – Osborne – Cheyenne Residential Lot 29 442.76 12,840.04 36 – RSI Park Avenue (Lots 13-15,
25-31) Residential Lot 10 748.12 7,481.20
36 – RSI Park Avenue (Lots 12,
32) Residential Lot 2 374.06 748.12
36 – RSI Park Avenue (Lots 1-11,
16-24, 33-35) Residential Lot 0 0.00 0.00
37 – Shaver Residential Lot 10 635.90 6,359.00

4.3.c
Packet Pg. 385 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23) Assessment District 2003-1 – City of San Jacinto
Fiscal Year 2022/23 Engineer’s Report 8
Zone Assessable Per
Count of Lots
or Acres
FY 2022/23
Actual Rate
Per Lot or
Acre(1)
FY 2022/23
Total of Actual
Rates(1)(2)
38 – KS Development Residential Lot 11 0.00 0.00
39 – Shea Residential Lot 321 196.34 63,025.14
40 – Kalpesh Residential Lot 45 0.00 0.00
41 – Carolino Residential Lot 1 lot (14 units) 0.00 0.00 42 – DBN Parkside Medical Developable Acre 15.74 acres 0.00 0.00 Total: $1,165,946.86
(1) Refer to Levy Summary in Section 4 for Maximum Rate per Lot or Acre and Total of Maximum Rates per Zone. (2) The Total of Actual Rates is the Count of Lots or Acres multiplied by the FY 2022/23 Actual Rate Per Lot or Acre.

4.3.c
Packet Pg. 386 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23) Assessment District 2003-1 – City of San Jacinto
Fiscal Year 2022/23 Engineer’s Report 9

ASSESSMENT DIAGRAM
The assessment diagrams for each Zone are on file and available for review at the office of the City Engineer, and are incorporated herein by reference. The lines and dimensions shown on maps of the County Assessor for the current year are incorporated by reference herein and made part of this report. All parcels of real property included within the District are described in detail on the assessor’s maps.

4.3.c
Packet Pg. 387 Attachment: AD 2003-1 FY 22-23 Engineer's Report (AD 2003-1 Annual Levy FY 22-23) June 21, 2022
TO: City Council
REQUESTED BY: Arthur Mullen, Water Utilities Superintendent APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CR&R Solid Waste Amendment and Rate Adjustment RECOMMENDATION:

Staff recommends that the City Council:
1) CONDUCT a public hearing to receive public comment, accept any protests; and 2) ADOPT Resolution No. 3925, approving the Fifth Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated; and 3) ADOPT Resolution No. 3926, approving the SB 1383 Compliance Fee of 4.3% for non-residential rates for SB 1383 compliance costs associated with solid waste collection and handling services.

DISCUSSION:

The City has a current Franchise Agreement with CR&R, Incorporated for the collection and handling of solid waste and other specified services within the City. From time to time, the Franchise Agreement is amended to update certain language and rates to satisfy unfunded state mandates regarding the collection, handling and processing of solid waste, recyclables, yard/landscaping/green waste, and food waste.

The amounts proposed to be imposed on property owners or customers of record within the City are derived from the Franchise Agreement. The amount CR&R charges pursuant to the agreement has been determined to be the amount necessary to provide the services. The Franchise Agreement authorizes adjustments based on cost increases associated with the collection and handling of solid waste.

SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to divert organic waste from landfills and help reduce food insecurity, and regulations promulgated by the California Department of Resources Recycling and Recovery require the City to provide organic waste collection services and implement said regulations within the City.

The City and CR&R are entering into a proposed Fifth Amendment to Franchise Agreement. The Fifth Amendment includes additional Services required to implement SB 1383. The SB 1383 Compliance Fee is a fee equal to 4.3% on all rates other than standard residential rates and is intended to pay for the additional costs of implementing those services in the City of San Jacinto.

These new costs include, but are not limited to:

4.4 Packet Pg. 388
• Additional personnel costs
• Additional reporting requirement costs
• Additional public education costs
• Additional hardware and software costs
• Additional auditing and material characterization costs • Additional general compliance costs
Proposed Rate Increases for July 1, 2022
The proposed schedule of Service Rates for the period of July 1, 2022, to June 30, 2023, are included in the attached schedule. This rate adjustment takes into account the proposed 4.3% SB 1383 compliance fee for commercial and roll-off customers.

In addition to the foregoing rate adjustment, each year, inflationary indices rate adjustments are made and calculated pursuant to the formula in the Franchise Agreement. The contract formula’s inflation-based increases are automatic upon the 30-day notice required under Government Code Section 53756(d). The Solid Waste charges shall not increase by more than 15% in any fiscal year as a result of the pass-through adjustments.

Public Hearing Notice
In accordance with Proposition 218 requirements, a 45-day notice of the proposed SB 1383 Compliance Fee rate increase was sent to property owners and solid waste customers, explaining the proposed commercial and roll-off collection increase. The notice was provided in compliance with the procedures outlined in Proposition 218 and the California Constitution Article 13D.

Cost increases will be passed through to the customer.

FISCAL IMPACT:

Solid waste collection, recycling, and handling services for residential and commercial customers are paid for by the residential users, property owners, or business owners receiving the service. No additional costs will be incurred by the City of San Jacinto. The SB 1383 Compliance Fee applies to commercial and roll-off customers only. Residential customers are not subject to increased costs as a result of the SB 1383 Compliance Fee.

ATTACHMENTS:

Resolution No 3925 (5th Amendment)
Exhibit D to 5th Amendment - Provided Services
Resolution No 3926 (SB 1383 Compliance Fee)
San Jacinto Proposed Rates FY2022-2023

4.4 Packet Pg. 389
Resolution No. 3925

STATE OF CALIFORNIA) RESOLUTION NO. 3925
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)

FIFTH AMENDMENT TO THE FRANCHISE AGREEMENT BETWEEN

THE CITY OF SAN JACINTO AND CR&R INCORPORATED
WHEREAS, CITY and CONTRACTOR entered into a certain Agreement for the Collection and Handling of Solid Waste dated March 17, 2005 (the "2005 Franchise Agreement"); and
WHEREAS, CITY and CONTRACTOR entered into a certain First Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated April 15, 2010 (the "First Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Second Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated December 17, 2012 (the "Second Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Third Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated January 3, 2017 (the "Third Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Fourth Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated June 16, 2020 (the "Fourth Amendment"); and
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to divert organic waste from landfills and help reduce food insecurity, and regulations promulgated by the California Department of Resources Recycling and Recovery require the City to provide organic waste collection services and implement said regulations within the City; and
WHEREAS, CITY and CONTRACTOR desire to amend their 2005 Franchise Agreement, their 2010 First Amendment, their 2012 Second Amendment, their 2017 Third Amendment, and their 2020 Fourth Amendment (collectively, the “Agreement”) in order to reflect the additional obligations required by the SB 1383 Regulations.

4.4.a
Packet Pg. 390 Attachment: Resolution No 3925 (5th Amendment) (CR&R Solid Waste Amendment and Rate Adjustment) Resolution No. 3925

NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Section 1 (Definitions) of the Agreement is amended to delete the definitions of “Extremely Hazardous Waste,” “Organic Waste,” “Recyclable Materials,” “Solid Waste,” “Solid Waste Facility,” and “System Facility,” and to add or amend, as applicable, the following definitions:

Back-Haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).

Blue Container or Lid has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and Collection of SSBCOW.

Collection means the act of collecting Solid Waste, Recyclables, or Organic Waste at or near the place of generation or accumulation CCR means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7, Chapter 12 of the California Code of Regulations).

CalRecycle means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on local jurisdictions and other regulated entities or its successor.

Commercial Edible Food Generators includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).

Compost means the product resulting from the controlled decomposition of Organic wastes, including Green Waste, wood waste and Food Waste which are not Hazardous Wastes.

Compostable Plastics means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).Diversion or Divert means activities which reduce or eliminate discarded materials from disposal, including, but not limited to, source reduction, Reuse, salvage, Recycling, and composting.

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Edible Food means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.

Excluded Waste means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, transfer, Processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in CONTRACTOR’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose CONTRACTOR or CITY to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

Facility or System Facility or Solid Waste Facility means a Solid Waste Facility, as defined in Public Resources Code section 40194, that for the purposes of this Agreement is designated by the City to be used by the CONTRACTOR for the processing, recovery and/or disposal of Solid Waste, including Recyclable Materials and Organic Waste.

Food Distributor means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR § 18982(a)(22).

Food Recovery means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

Food Recovery Organization means an entity that primarily engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code;
B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,

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C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.

Food Recovery Service means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26).

Food Scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps.

Food Service Provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR § 18982(a)(27).

Food-Soiled Paper means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.

Food Waste means Source Separated Food Scraps, Food-Soiled Paper, and Compostable Plastics. Food Waste is a subset of SSGCOW. Edible Food separated for Food Recovery shall not be considered Food Waste.

Generator means the owner or occupant of a premises, including residences or businesses, which initially produces Solid Waste, including Recyclable Materials and Organic Waste.

Gray/Black Container or Lid has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray/Black Container Waste.

Gray/Black Container Waste means Solid Waste that is collected in a Gray/Black Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). [Gray/Black Container Waste may specifically include carpet, and textiles.] Green Container or Lid has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of SSGCOW.

Grocery Store means a store primarily engaged in the retail sale of canned

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food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).

Hauler Route(s) means the designated itinerary or sequence of stops for each segment of the CITY’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).

Large Event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Agreement.

Large Venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Agreement, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Agreement.

Non-Compostable Paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

Organic Waste means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).

Performance-based Compliance Approach means the method of complying

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with the SB 1383 Regulations through implementation of a collection system, programs, and policies in accordance with 14 CCR, Division 7, Chapter 12, Article 17, or as otherwise defined by 18982(a)(52.5), and all associated requirements.

Printing and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

Process or Processing means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

Prohibited Container Contaminants means the following: (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Green Container that are not identified as acceptable SSGCOW for the CITY’s Green Container; (iii) discarded materials placed in the Gray/Black Container that are acceptable Source Separated Recyclable Materials and/or SSGCOW to be placed in CITY’s Green Container and/or Blue Container; and (iv) Excluded Waste placed in any Container.

Recyclable Materials or Non-Organic Recyclables means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Non- Organic Recyclables are a subset of Source Separated Recyclable Materials.

Recycle or Recycling means the process of Collecting, sorting, cleansing, treating, and reconfiguring materials for the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.

Reuse or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).

SB 1383 means Senate Bill 1383 (Chapter 395, Statutes of 2016), which

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Packet Pg. 395 Attachment: Resolution No 3925 (5th Amendment) (CR&R Solid Waste Amendment and Rate Adjustment) Resolution No. 3925

added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

SB 1383 Regulations refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.

Service Level refers to the number and size of a Generator’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.

Solid Waste has the same meaning as defined in Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:

A. Hazardous waste, as defined in Public Resources Code Section 40141.

B. Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code).

C. Medical waste regulated pursuant to the Medical Waste Management Act (Part 14, commencing with Section 117600, of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste Landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Public Resources Code , Division 30.

As used in this Agreement, Solid Waste includes Organic Waste and Recyclable Materials, unless the context clearly indicates otherwise.

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Packet Pg. 396 Attachment: Resolution No 3925 (5th Amendment) (CR&R Solid Waste Amendment and Rate Adjustment) Resolution No. 3925

Source Separated means materials, including commingled Recyclable materials, that have been separated or kept separate from other materials within the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall include separation of materials by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray/Black Container Waste and other Solid Waste for the purposes of Collection and Processing.

Source Separated Blue Container Organic Waste or SSBCOW means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in 14 CCR Section 18982(a)(43), or as otherwise defined by 14 CCR Section 17402(a)(18.7).

Source Separated Green Container Organic Waste or SSGCOW means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles.

Source Separated Recyclable Materials means Source Separated NonOrganic Recyclables and SSBCOW.

Standard Compliance Approach means the method for complying with the SB 1383 Regulations through implementation of a collection system pursuant to 14 CCR, Division 7, Chapter 12, Article 3, and all associated program and policy requirements.

Supermarket means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR
§ 18982(a)(71).

Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

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D. Food Distributor.

E. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.

Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue.

E. Large Event.

F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement.

Wholesale Food Vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76).

Yard Trimmings means types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal that the Generators Source Separate and set out in Green Containers for Collection for the purpose of Processing by the CONTRACTOR.

2. Section 2 (Grant of Exclusive Contract) of the Agreement is hereby amended in its entirety to read as follows: GRANT OF EXCLUSIVE

CONTRACT
CITY grants to CONTRACTOR during the term of this Agreement the exclusive right and privilege to collect and transport to a Disposal Facility (or in the case of Recyclable Materials or Organic Waste, to a Processing Facility), Refuse, Recyclable Materials, and Organic Waste, exclusive of Hazardous and Special Waste, produced, generated, kept and/or accumulated within CITY limits as those limits may exist at any time during the term of this Agreement.

All Bulk Construction Waste from all sources shall be deemed generated from Commercial Premises and shall be collected by CONTRACTOR

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through Bin service under this Agreement.

This Agreement shall not preclude the following categories of Recyclable Materials, Organic Materials, and Solid Waste listed below from being delivered to and Collected and transported by others, provided that nothing in this Agreement is intended to or shall be construed to excuse any person from obtaining any authorization from the City which is otherwise required by law:

A. Recyclable and Organic Materials. Collection and transport of Recyclable Materials and Organic Materials other than Edible Food that have been Source Separated from Solid Waste by the Generator and that: (1) Generator sells or donates to any other person, provided that there is no net payment made by the Generator to such other person
B. Donated or Sold Materials. Recyclable Materials and Organic Waste which are Source Separated at any premises by the Generator and sold or donated to other persons, including youth, civic, or charitable organizations.

C. Edible Food. Edible Food which is collected from a Generator by other person(s), such as a person from a Food Recovery Organization or Food Recovery Service, for the purposes of Food Recovery, or which is transported by the Generator to another person(s), such as a person from a Food Recovery Organization, for the purposes of Food Recovery, regardless of whether the Generator donates, sells, or pays a fee to the other person(s) to collect or receive the Edible Food from the Generator.

D. Animal Feed Byproducts. The hauling of byproducts from the processing of food or beverages if those byproducts meet all of the requirements of Public Resources Code Section 40059.4(b)(1)-(5).

E. Beverage Containers. Containers delivered for Recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code.

F. Materials Removed by Customer’s contractor as Incidental Part of Services. Recyclable Materials, Organic Materials, Solid Waste, and Bulky Items removed from a premises by a contractor (e.g., gardener, landscaper, tree- trimming service, construction contractor, Residential clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service which is not included in the scope of this Agreement.

G. On-Site Composting or Community Composting. Organic Materials Composted on a Residential Premise or otherwise legally managed

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at the site where it is generated or at a Community Composting site.

CONTRACTOR acknowledges and agrees that the CITY may permit other persons besides the CONTRACTOR to Collect any and all types of materials excluded from the scope of this Franchise, as set forth above, without seeking or obtaining approval of CONTRACTOR.”

3. Section 3.a. (Consideration - Franchise Fee) of the Agreement is hereby amended in its entirety to read as follows:
“a. Franchise Fee
In consideration of this Agreement and the permit and franchise given CONTRACTOR under this Agreement, CONTRACTOR shall pay to CITY as an administration and franchise fee sixteen percent (16%) of all sums collected by CITY on behalf of CONTRACTOR or Affiliated Companies, and sixteen percent (16%) of CONTRACTOR’s or Affiliated Companies’ gross revenues from all operations in the CITY of CONTRACTOR or Affiliated Companies pursuant to this Agreement for each annual period, exclusive of payments received by CONTRACTOR or Affiliated Companies from the sale of Recyclable Materials, but including any monies received from governmental entities, including CITY (“Franchise Fee”). CITY may adjust the Franchise Fee from time to time, provided that if CITY increases the Franchise Fee, CONTRACTOR may increase its rates by the amount necessary to pass through the increase in the Franchise Fee.

CONTRACTOR and CITY agree the Franchise Fee is a negotiated amount that is reasonably related to the value of the rights granted to CONTRACTOR under this Agreement. CITY may use the Franchise Fee for any lawful purpose.”

4. The first sentence of Section 6.a. (Scope of Services – General) of the Agreement is hereby amended to read as follows: “CONTRACTOR shall provide Refuse, Recyclable Materials, and Organic Waste collection, transportation, processing and disposal services within CITY in accordance with Exhibit D and the terms of this Agreement.”

5. The following paragraph is hereby added as the second paragraph of Section 6.e.v. (Scope of Services – Diversion – Indemnification):
“CONTRACTOR’s duty to defend and indemnify herein includes payment of all fines and/or penalties imposed by CalRecycle, subject to the restrictions set forth in Public Resources Code Section 40059.1, if the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations are not met by the CONTRACTOR with respect to Solid Waste collected under this Agreement, and such failure is: (i) due to the failure of CONTRACTOR to meet its obligations under this Agreement, or, (ii) due to CONTRACTOR delays in providing information that prevents CONTRACTOR or CITY from submitting reports required by AB 939, AB 341, AB 1826, and/or SB 1383 and corresponding regulations in a timely

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manner. The provisions of this paragraph shall survive the termination or expiration of this Agreement.”

6. Section 6.h. (Scope of Services – Provision and Replacement of Containers and Bins) of the Agreement is hereby amended to read as follows:
“CONTRACTOR shall provide Generators with Collection Containers.

CONTRACTOR shall promptly provide without cost, to each new Residential Customer using Container service, three (3) Containers, including one (1) for collection and storage of Refuse, one (1) for collection and storage of Recyclable Materials, and one (1) for collection and storage of Organic Waste. Upon request of any Customer for replacement of a stolen, broken or damaged beyond repair Container, CONTRACTOR shall provide such Container without cost to the Customer or to CITY unless it is determined that the damage was caused by the customer’s willful negligence. .

CONTRACTOR shall provide Bins to Customers, including, without limitation, CITY, who obtain Bin service.

On or before January 1, 2022, CONTRACTOR shall place a label on the body or lid of each new Container that has been provided to a Generator that includes language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that container.

Labels shall clearly indicate items that are Prohibited Container Contaminants for each container. Prior to ordering labels for containers, CONTRACTOR shall submit a copy of its proposed label, proposed location(s) for placement of labels on each type of container, and its labeling plan to the CITY for approval.

No later than January 1, 2036, CONTRACTOR shall provide all Generators with Collection Containers that comply with the container color requirements specified in this Agreement or as otherwise specified in the SB 1383 Regulations. If an existing Container breaks or is otherwise rendered nonfunctional on or after January 1, 2022, the CONTRACTOR shall replace the non-functional container with a Container that complies with the color requirements of the SB 1383 Regulations. Notwithstanding this paragraph, the CONTRACTOR is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Agreement prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.”

7. Section 7.w. (Other Services of Contractor - Procurement) is hereby added to the Agreement to read as follows:
“w. Procurement

8. CONTRACTOR agrees to coordinate and cooperate with the City to meet its Organic Waste produce procurement target, as required by SB 1383 Regulations. Section 7.x. (Other Services of Contractor – Identification of Facilities) is hereby added to the Agreement to read

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as follows:
“x. Identification of Facilities
If the CITY uses the Standard Compliance Approach under the SB 1383 Regulations for the collection of Organic Waste, CONTRACTOR shall identify the Facilities to which CONTRACTOR will transport Organic Waste as required by the SB 1383 Regulations.”
Whenever the term “Recyclable Material” appears in Section 11 (Ownership of Solid Waste) the phrase “ and Organic Waste” shall be inserted.

Exhibit “C” (CITY Facilities) attached hereto and incorporated herein, is hereby added to this Agreement.

Exhibit “D” (Provided Services) attached hereto and incorporated herein, is hereby added to this Agreement.

GENERAL PROVISIONS.

12.1 Remainder Unchanged. Except as specifically modified by this Fifth Amendment, the Agreement remains in full force and effect and binding upon the parties. All capitalized terms in this Fifth Amendment shall have the meaning ascribed by them in the Agreement unless otherwise noted in this Fifth Amendment.

12.2 Counterparts. This Fifth Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one document.

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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 21st day of June, 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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CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) SS

CITY OF SAN JACINTO )
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3925 was introduced at a regular meeting of the City Council of the City of San Jacinto on the 21st day of June, 2022. Resolution No. 3925 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on the 21st day of June 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 21st day of June 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

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EXHIBIT D

PROVIDED SERVICES
I. Three-Container Collection Program
A. General. Beginning January 1, 2022, CONTRACTOR shall provide a threecontainer Collection program for the separate Collection of Source Separated Recyclable Materials, SSGCOW, and Gray/Black Container Waste as specified in this Agreement, using containers that comply with the requirements of this Agreement and SB 1383 Regulations. CONTRACTOR shall not knowingly Collect Blue, Green, or Gray/Black Containers that include Prohibited Container Contaminants.

B. Source Separated Recyclable Materials Collection (Blue Container or Lid). CONTRACTOR shall provide Blue Containers to Generators for Collection of Source Separated Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service, CONTRACTOR shall transport the Source Separated Recyclable Materials to a Facility that recovers the materials designated for Collection, in accordance with SB 1383 Regulations.

Source Separated Recyclable Materials that are to be accepted for Collection in the Source Separated Recyclable Materials Collection program include the following: (i) Non-Organic Recyclables such as: aluminum, glass bottles and jars, rigid plastics (marked # 1 through # 7), tin and bi-metal cans; and (ii) SSBCOW such as: Paper Products, Printing and Writing Papers, wood and dry lumber.

C. SSGCOW Collection (Green Container or Lid). CONTRACTOR shall provide Green Containers to Generators for Collection of SSGCOW and shall provide SSGCOW Collection service. CONTRACTOR shall transport the SSGCOW to a Facility in accordance with SB 1383 Regulations.

SSGCOW that are to be accepted for Collection in the SSGCOW Collection program include the following: Food Scraps; Food-Soiled Paper; Yard Trimmings, and Compostable Plastics. Carpets, Non-Compostable Paper, textiles, and Prohibited Container Contaminants shall not be Collected in the Green Containers. Yard Trimmings that are to be accepted for Collection in the SSGCOW Collection program include the following: green trimmings, grass, weeds, flowers, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees weighing no more than 50 pounds, and other types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal, provided all SSGCOW fits inside the Green Container with the lid closed and does not exceed 150 pounds.

CONTRACTOR may Collect compliant Compostable Plastics in the Green Containers for Processing. If the Facility can process and recover Compostable Plastics, and CONTRACTOR elects to Collect Compostable Plastics in the Green Container, then CONTRACTOR shall provide annual written notification to the CITY that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics. If the Facility cannot process and recover Compostable Plastics,

4.4.b
Packet Pg. 405 Attachment: Exhibit D to 5th Amendment - Provided Services (CR&R Solid Waste Amendment and Rate Adjustment) then CONTRACTOR shall provide written notification to the CITY that it will not Collect Compostable Plastics in the Green Container. It is also understood that CONTRACTOR proposes to process the CITY’s organics through its Anaerobic Digester Facility (AD). AD Facilities do not accept Compostable Plastics at the current time.

CONTRACTOR may require Generators to place Food Waste in plastic bags or other wrappings and put the bagged or wrapped Food Waste in the Green Container. At least two (2) months prior to the commencement of the allowed use of plastic bags for the Food Waste program, CONTRACTOR shall provide written notification to the CITY that allowing the use of bags does not inhibit the ability of the CITY to comply with SB 1383 Regulations, and that the Facility can Process and remove plastic bags when it recovers SSGCOW. CONTRACTOR shall provide annual written notification to the CITY that the Facility has and will continue to have the capabilities to Process and remove plastic bags when it recovers SSGCOW. It is also understood that CONTRACTOR proposes to process the CITY’s organics through its AD Facilities, which do not accept plastic bags or other wrappings at the current time.

D. Gray/Black Container Waste Collection. CONTRACTOR shall provide Gray/Black Containers or Lids to Generators for Collection of Gray/Black Container Waste and shall provide Gray/Black Container Waste Collection service. CONTRACTOR shall transport the Gray/Black Container Waste to a Facility in accordance with the SB 1383 Regulations. CONTRACTOR may allow carpets, and textiles to be placed in the Gray/Black Containers. Prohibited Container Contaminants shall not be Collected in the Gray/Black Containers.

II. Contamination Monitoring
A. Route Reviews and Waste Evaluations.

CONTRACTOR shall meet its SB 1383 Regulations contamination monitoring requirements commencing April 1, 2022, using either Route Reviews or Waste Evaluations; provided however, that if CONTRACTOR complies with SB 1383 Regulations using a Performance-based Compliance Approach, it may monitor containers using waste evaluations, as outlined herein:

CONTRACTOR shall meet its SB 1383 Regulations contamination monitoring requirements commencing April 1, 2022, using route reviews as outlined herein:

1. CONTRACTOR shall conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the CONTRACTOR; is approved by the CITY; is conducted in a manner that results in all Hauler Routes being reviewed annually and is consistent and in accordance with SB 1383 Regulations. Containers may be randomly selected along the Hauler Route. This Section should not be construed to require that every container on a Hauler Route must be sampled annually.

2. Upon finding Prohibited Container Contaminants in the container, CONTRACTOR shall follow the contamination monitoring noticing procedures

4.4.b
Packet Pg. 406 Attachment: Exhibit D to 5th Amendment - Provided Services (CR&R Solid Waste Amendment and Rate Adjustment) paragraph B.3 of this Section II.

3. CONTRACTOR shall maintain all applicable records required under SB 1383 Regulations, and report to the CITY on a quarterly basis on contamination monitoring activities, route reviews and/or waste evaluations, and actions taken.

4. Notwithstanding the foregoing, this paragraph A shall not prohibit CONTRACTOR from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.

B. Waste Evaluations
Alternatively, if CONTRACTOR elects to perform Waste Evaluations, CONTRACTOR shall, conduct waste evaluations that comply with and meet the requirements of 14 CCR Section 18984.5(c). The CITY maintains the right to observe, or hire a third party to observe, the waste evaluations.

1. Sampling Method, Study Protocols. CONTRACTOR shall conduct waste evaluations for Prohibited Container Contaminants by sampling the contents of Containers on Hauler Routes in the following manner:
a. If using a Standard Compliance Approach, CONTRACTOR shall conduct waste evaluations at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR section 18984.5(c). If using a Performance-based Compliance Approach, CONTRACTOR shall conduct waste evaluations at least twice per year for the Blue and Green Containers and at least once per quarter for the Gray/Black Containers. b. The CONTRACTOR’s waste evaluations shall include samples of Source Separated Recyclable Materials, SSGCOW, and Gray/Black Container Waste.
c. The waste evaluations shall include samples from each Container type served by the CONTRACTOR and shall include samples taken from different areas in the CITY that are representative of the CITY’s waste stream. d. The waste evaluations shall include at least the minimum number of samples specified in SB 1383 Regulations.
e. The CONTRACTOR shall transport all of the material Collected for sampling to a sorting area at a permitted solid waste Facility where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in each material stream by weight. To determine the ratio of Prohibited Container Contaminants, CONTRACTOR shall use the following protocol:

4.4.b
Packet Pg. 407 Attachment: Exhibit D to 5th Amendment - Provided Services (CR&R Solid Waste Amendment and Rate Adjustment) i. The CONTRACTOR shall take one sample of at least a 200 pounds from the material Collected from each material stream for sampling.
ii. The 200-pound sample shall be randomly selected from different areas of the pile of Collected material for that material stream. iii. For each 200-pound sample, CONTRACTOR shall remove any Prohibited Container Contaminants and determine the weight of Prohibited Container Contaminants.
iv. The CONTRACTOR shall determine the ratio of Prohibited Container Contaminants in the sample by dividing the total weight of Prohibited Container Contaminants by the total weight of the sample.

2. Contamination Response. If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the CONTRACTOR shall:
a. If using a Performance-based Compliance Approach, notify the CITY within thirty (30) working days of the waste evaluation. b. Within thirty (30) working days of the waste evaluation, notify all Generators on the sampled Hauler Route of their requirement to properly separate materials into the appropriate Containers. The CONTRACTOR may provide this information by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, email, or electronic message to the Generators. The format of the warning notice shall be approved by the CITY.
c. If using a Performance-based Compliance Approach,
CONTRACTOR shall allow a representative of the CITY and/or CalRecycle to oversee its next scheduled quarterly sampling of the Gray/Black Containers, upon request.
. d. Organic Waste that are textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to a quarantine on movement issued by a County agricultural commissioner is not required to be measured as Organic Waste when calculating the amount of Organic Waste present in the Gray Container Waste.

3. Actions upon Identification of Prohibited Container Contaminants.

Upon finding Prohibited Container Contaminants in a Container, CONTRACTOR shall follow the protocols set forth in this Section.
a. Record Keeping. The driver or other CONTRACTOR representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system, including date, time,

4.4.b
Packet Pg. 408 Attachment: Exhibit D to 5th Amendment - Provided Services (CR&R Solid Waste Amendment and Rate Adjustment) Generator’s address, and type of container (Blue, Green, or Gray/Black Container). b. Courtesy Pick-Up Notices. Upon identification of Prohibited Container Contaminants in a Generator’s container, CONTRACTOR shall provide the Generator a courtesy pick-up notice. The courtesy pick-up notification shall: (i) inform the Generator of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; (iii) include information on the Generator’s requirement to properly separate materials into the appropriate containers, and the accepted and prohibited materials for Collection in the Blue Container, Green Container, and/or Gray/Black Container; (iv) inform the Generator of the courtesy pick-up of the contaminated materials on this occasion with information that following three consecutive instances of Prohibited Container Contaminants within a six-month time period, CONTRACTOR may assess contamination Processing fees.

CONTRACTOR shall leave the courtesy pick-up notice attached to or adhered to the Generator’s contaminated containers; at the Premises’ door or gate; or, subject to CITY’s approval, may deliver the notice by mail, e-mail, text message, or other electronic message.
c. Notice of Assessment of Contamination Processing Fees. If the CONTRACTOR observes Prohibited Container Contaminants in a Generator’s Container on more than three consecutive occasions within a six-month time period, and issued courtesy pick-up notices on each of those occasions, the CONTRACTOR may impose a contamination Processing fee of $35.00 (which will be adjusted annually pursuant to the same CPI Index used for annual rate adjustments). CONTRACTOR shall notify the CITY in its quarterly report of Generators for which contamination Processing fees were assessed. CONTRACTOR shall leave a contamination Processing fee notice attached to or adhered to the Generators’ contaminated containers; at the Premises’ door or gate; or, subject to CITY’s approval, may deliver the notice by mail, e-mail, text message, or other electronic message. The contamination Processing fee notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Generator will be charged a contamination Processing fee on its next bill. The format of the contamination Processing fee notice shall be approved by the CITY. d. Disposal of Contaminated Materials. If the CONTRACTOR observes Prohibited Container Contaminants in a Generator’s Container(s), CONTRACTOR may dispose of the Container’s contents, provided CONTRACTOR complies with the noticing requirements in subsections B.3.c-d. of this Section II above.

III. Education and Outreach
A. CONTRACTOR shall create all applicable education materials and conduct all education programs and activities as provided by and in accordance with the SB 1383 Regulations. CONTRACTOR shall cooperate and coordinate with the CITY on public education activities.

B. On or before February 1, 2022, the CITY, with assistance from the

4.4.b
Packet Pg. 409 Attachment: Exhibit D to 5th Amendment - Provided Services (CR&R Solid Waste Amendment and Rate Adjustment) 20 CONTRACTOR, shall develop a list of Food Recovery Organizations and Food Recovery Services operating within the CITY, maintain the list on both the CONTRACTOR’s CITYspecific website and the CITY’s website, and update the list annually. The list shall include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service:

1. Name and physical address;

2. Contact information;

3. Collection service area; and,

4. An indication of types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.

C. At least annually, the CITY, in cooperation with the CONTRACTOR, shall provide Commercial Edible Food Generators with the following information:

1. Information about the CITY’s Edible Food Recovery program;

2. Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;

3. Information about Food Recovery Organizations and Food Recovery Services operating within the CITY, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,

4. Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

D. CONTRACTOR may provide the information required above by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to commercial businesses.

E. CONTRACTOR shall comply with all applicable public education and outreach record keeping and reporting requirements as provided by SB 1383 and the SB 1383 Regulations.

IV. Inspections and Enforcement
Beginning January 1, 2022, CONTRACTOR shall assist the CITY with and/or conduct applicable inspections and enforcement, to the extent delegable, as required by SB 1383 Regulations. CONTRACTOR shall maintain all applicable records from inspection and enforcement in accordance with SB 1383 Regulations. If using a Performance- based Compliance Approach, CITY agrees it will only grant waivers if at least ninety percent (90%) of Single-Family Generators and ninety percent (90%) of Commercial

4.4.b
Packet Pg. 410 Attachment: Exhibit D to 5th Amendment - Provided Services (CR&R Solid Waste Amendment and Rate Adjustment) 21 Generators (including Multi-Family Generators) participate in the three-Container Collection program.

V. Generator Waiver Program Coordination
A. General. In accordance with SB 1383 Regulations and the CITY Code, the CITY may grant waivers (de minimis, physical space or Collection frequency) to Generators that impact the scope of CONTRACTOR’s provision of service for those Generators. Waivers issued shall be subject to compliance with SB 1383 Regulatory requirements, pursuant to 14 CCR Section 18984.11.

B. Requests Submitted to CONTRACTOR. Generators may submit requests for de minimis waivers, physical space waivers, and Collection frequency waivers to the CONTRACTOR. CONTRACTOR shall within thirty (30) working days review the Generator’s waiver application and inspect the Generator’s Premises to verify the accuracy of the application. CONTRACTOR shall provide documentation of the inspection, including the CONTRACTOR’s recommendation to approve or deny the waiver request, and send this information to the CITY within twenty (20) working days of receipt of the Generator’s waiver application for the CITY’s review and approval. The CITY ultimately retains the right to approve or deny any application, regardless of the CONTRACTOR’s recommendation. CONTRACTOR shall report information regarding waivers reviewed on a quarterly basis.

C. CONTRACTOR Change in Generators’ Service Levels. When the CITY grants a waiver to a Generator, the CITY shall notify the CONTRACTOR within thirty (30) working days of the waiver approval with information on the Generator and any changes to the service level or Collection service requirements for the Generator.

CONTRACTOR shall have ten (15 working days to modify the Generator’s service level and billing statement, as needed.

D. Reverification of Waivers. It shall be the responsibility of the CONTRACTOR to verify that the Generators that are granted de minimis waivers, physical space constraint waivers, or Collection frequency waivers continue to meet waiver requirements set forth in this Section and Section 8.33.040 of the San Jacinto Municipal Code. CONTRACTOR shall conduct such verifications of waivers through inspection of each Generator’s premises and review of applicable records at least once every five (5) years for de minimis and physical space constraint waivers. CONTRACTOR shall maintain a record of each waiver verification and provide a quarterly report to the CITY documenting the waiver verifications performed and recommendations to the CITY on those waivers that CONTRACTOR concludes are no longer warranted. The CITY shall make a final determination of the continued waiver eligibility for those Generators.

E. CONTRACTOR Recordkeeping of Generators Granted Waivers. Upon CONTRACTOR request, no more than two (2) times per year, the CITY shall provide CONTRACTOR an updated listing of waivers approved by the CITY, including the Generators’ names, mailing address, service address, and type of waiver.

4.4.b
Packet Pg. 411 Attachment: Exhibit D to 5th Amendment - Provided Services (CR&R Solid Waste Amendment and Rate Adjustment) 22 CONTRACTOR shall maintain waiver-related records and report on waiver verifications, as required herein.

F. Recordkeeping and Reporting. CONTRACTOR shall prepare and maintain the records identified in 14 CCR Section 18995.2(f) and assist CITY in reporting information about implementation and compliance with SB 1383 Regulations and in accordance with Article 13 of Chapter 12 of Title 14 of the CCR.

4.4.b
Packet Pg. 412 Attachment: Exhibit D to 5th Amendment - Provided Services (CR&R Solid Waste Amendment and Rate Adjustment) Resolution No. 3926

STATE OF CALIFORNIA) RESOLUTION NO. 3926
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO)
SB 1383 COMPLIANCE FEE FOR NON-RESIDENTIAL
SOLID WASTE SERVICES WITH CR&R INCORPORATED.

WHEREAS, CITY and CONTRACTOR entered into a certain Agreement for the Collection and Handling of Solid Waste dated March 17, 2005 (the "2005 Franchise Agreement"); and
WHEREAS, CITY and CONTRACTOR entered into a certain First Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated April 15, 2010 (the "First Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Second Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated December 17, 2012 (the "Second Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Third Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated January 3, 2017 (the "Third Amendment"); and
WHEREAS, CITY and CONTRACTOR entered into a certain Fourth Amendment to the Franchise Agreement between the City of San Jacinto and CR&R Incorporated dated June 16, 2020 (the "Fourth Amendment"); and
WHEREAS SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to divert organic waste from landfills and help reduce food insecurity, and regulations promulgated by the California Department of Resources Recycling and Recovery require the City to provide organic waste collection services and implement said regulations within the City; and
WHEREAS, CITY and CONTRACTOR recognize that the cost of compliance with SB 1383, including additional personnel costs, reporting requirement costs, public education costs, hardware and software costs, auditing and material characterization costs, and general compliance costs, constitute extraordinary costs as defined by the Franchise Agreement for CONTRACTOR above and beyond the consumer price index (CPI).

4.4.c
Packet Pg. 413 Attachment: Resolution No 3926 (SB 1383 Compliance Fee) (CR&R Solid Waste Amendment and Rate Adjustment) Resolution No. 3926

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. A SB 1383 Compliance Fee ("Compliance Fee") equal to 4.3% on all rates other than standard residential service rates shall be assessed for the period of July 1, 2022, through and including July 1, 2025. The Compliance Fee is in addition to the annual landfill tipping fee adjustments and the inflation adjustment previously approved for a five-year period commencing July 1, 2021, through and including July 1, 2025, pursuant to Section 8.d. of the Franchise Agreement.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council on June 21, 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

4.4.c
Packet Pg. 414 Attachment: Resolution No 3926 (SB 1383 Compliance Fee) (CR&R Solid Waste Amendment and Rate Adjustment) Resolution No. 3926

CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) SS

CITY OF SAN JACINTO )
I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3926 was introduced at a regular meeting of the City Council of the City of San Jacinto on June 21, 2022. Resolution No. 3926 was passed, approved, and adopted by the City Council of the City of San Jacinto, California, at a regular meeting of the City Council held on June 21, 2022:

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND SEAL the 21st day of June 2022.
_____________________________
Julia Espinoza, City Clerk
City of San Jacinto

4.4.c
Packet Pg. 415 Attachment: Resolution No 3926 (SB 1383 Compliance Fee) (CR&R Solid Waste Amendment and Rate Adjustment) Residential Service Monthly Rate
Standard Service $27.67
(3-96 gallon containers)
Mobile Home Service $27.67
(2-64 gallon containers)
Senior Citizen & Active Military Personel $25.03
(3-96 gallon contatiners)
Extraordinary Residential Recycling Fee $0.49
(Added to all residential service)
Commercial Service $75.49
(2-96 gallon containers)
Extra Containers $9.47
Recycling Contamination Fee, Per Occurrence $42.44
Organics disposal (AD) $2.82
Extra Food Waste Pail $8.36
Organics dipsosal rate per ton $88.54
Commercial Service Refuse Montly Rate Recycle Month Rate 2 yard 1x $158.93 97.03
2 yard 2x $284.75 173.83
2 yard 3x $414.95 253.31
2 yard 4x $532.31 324.98
2 yard 5x $670.26 409.18
2 yard 6x $800.39 488.61
3 yard 1x $228.96 139.78
3 yard 2x $400.86 244.72
3 yard 3x $583.66 356.32
3 yard 4x $764.25 466.56
3 yard 5x $951.21 580.68
3 yard 6x $1,133.03 691.68
4 yard 1x $284.18 173.49
4 yard 2x $515.07 314.44
4 yard 3x $749.01 457.24
4 yard 4x $986.66 602.34
4 yard 5x $1,222.58 746.37
4 yard 6x $1,496.66 913.67
96-Gallon 1x 51.14
96-Gallon 2x 102.27
96-Gallon 3x 153.42
96-Gallon 4x 204.55
96-Gallon 5x 255.68
96-Gallon 6x 306.81
Temporary Services Per Pickup
3 yard clean up bin $96.96
(7 days @ 500 lb. weight limit)
Additional Pickup $71.81
Permanent "On Call" Roll-off Service Transportation
10 cubic yard container $297.51
40 cubic yard container, Compactors $347.10
Disposal
Landfill $46.35
Construction & Demolition $65.00
Material Recovery Facility $65.00
City of San Jacinto
2022-2023 RATES

4.4.d
Packet Pg. 416 Attachment: San Jacinto Proposed Rates FY2022-2023 (CR&R Solid Waste Amendment and Rate Adjustment) City of San Jacinto
2022-2023 RATES
Other Services Per Occurance
Residential New Acct Setup Fee $ 33.95
Comm R/O New Acct Setup Fee $ 47.49
Comm Recy in Contamination Fee $ 61.11
Comm Overage Fee $ 61.11
Rolloff Container Delivery Fee $ 94.14
Comm R/O Delinq Acct Rmv Fee $ 67.85
Comm R/O Delinq Acct Redel Fee $ 67.85
Resi Delinq Acct Rmv Fee $ 67.21
Resi Delinq Acct Redel Fee $ 67.21
Resi Vacancy Cart Removal Fee $ 33.10
Resi Vacancy Addtl Cart Removal $ 46.41
Resi Vacancy Re-activation Fee $ 33.10
Sharps Mail Back Kit $ 125.42
U -Waste Battery Box $ 59.76
U -Waste Flourescent Bulb Box $ 66.53
Other Assoc Wrk for Street Sweep $ 115.41
Commercial Anerobic Digester Rates
Non-Food Bin rate - 2 cubic yard Monthly Rate
2 yard 1x $ 214.50
2 yard 2x $ 402.55
2 yard 3x $ 593.94
2 yard 4x $ 775.59
2 yard 5x $ 972.89
2 yard 6x $ 1,164.17
Non-Food Bin rate - 3 cubic yard
3 yard 1x $ 316.57
3 yard 2x $ 588.37
3 yard 3x $ 868.47
3 yard 4x $ 1,146.92
3 yard 5x $ 1,430.19
3 yard 6x $ 1,709.63
Non-Food Cart rate - 64 gal cart
1 x week $ 56.70
2 x week $ 113.40
3 x week $ 170.05
4 x week $ 226.76
5 x week $ 283.45
6 x week $ 340.13
Food Bin rate - 2 cubic yard
2 yard 1x $ 311.52
2 yard 2x $ 596.65
2 yard 3x $ 885.07
2 yard 4x $ 1,163.74
2 yard 5x $ 1,458.12
2 yard 6x $ 1,746.45
Food Cart rate - 64 gal cart
1 x week $ 75.74
2 x week $ 151.51
3 x week $ 227.20
4 x week $ 303.00
5 x week $ 378.76
6 x week $ 454.47
Extra pickup non-food cart $ 40.46
Extra pickup food cart $ 53.89

4.4.d
Packet Pg. 417 Attachment: San Jacinto Proposed Rates FY2022-2023 (CR&R Solid Waste Amendment and Rate Adjustment) June 21, 2022
TO: City Council
REQUESTED BY: Julia Espinoza, Deputy City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: League of California Cities Voting Delegates
RECOMMENDATION:

Staff recommends that the City Council discuss and provide direction regarding attendance at this year’s League of California Cities Conference September 7-9, 2022 in Long Beach, as well as request the Mayor to select this year's voting delegates.

DISCUSSION:

This year’s annual League of California Cities Conference and Expo will take place in Long Beach, California, on September 7-9, 2022. As part of the annual conference, elected officials representing the various cities vote on important resolutions that guide the League and other cities to improve the quality, responsiveness, and vitality of California’s local government. In order to vote at this annual business meeting, voting delegates and alternates must be officially designated by their colleagues to vote. The City Clerk completes the 2022 Annual Conference Voting Delegate/Alternate form, attesting to the City Council official action for the voting delegate and alternate.

One of the League’s recommendations is to have the Council designate the voting delegate, and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Typically, the City Council has appointed the Mayor.

Staff recommends that the Mayor appoint the voting delegate and up to one alternate. San Jacinto has strong league representation from Mayor Crystal Ruiz, who is an alternate to the Riverside County Division’s Executive Committee and is a member of the Statewide Revenue and Taxation Policy Committee.

FISCAL IMPACT:

This will vary based on Council’s decision. Conference registration varies from $650 for full registration or $350 for one-day registration per attendee. Travel expenses will also vary depending on length of stay.

5.1 Packet Pg. 418
June 21, 2022
TO: City Council
REQUESTED BY: Robert Johnson, City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Extra Help Services Agreement with Robert Brady RECOMMENDATION:

Staff recommends that the City Council:

1. Approve Resolution No. 3937; and

2. Agreement for Professional Assistance with Robert Brady.

DISCUSSION:

The City has historically contracted for specialized professional services in situations where extra help or special skills are temporarily needed. The City Manager has identified an individual with exceptional abilities in areas of his expertise: development and redevelopment of public and private property, negotiation of real estate acquisition and disposition transaction, land-use master planning and conceptual design development, marketing of public property, negotiation of development agreements, and implementation of financial planning related to development.

His specialized skills will provide needed assistance, of limited duration, in the City’s efforts to revitalize Main Street.

It is anticipated that Mr. Brady would begin work the week of July 5, 2022, and would continue until the end of the fiscal year or until completion of a 960-hour work limit. No benefits, overtime, paid vacation, or sick leave is provided under this agreement.

FISCAL IMPACT:

The contract establishes an hourly rate of $78.00, which is equivalent to the City’s director-level positions that respond directly to the City Manager and are responsible for the implementation of significant policies, projects, and programs. Mr. Brady will be limited to 960 hours of work for the fiscal year 2022-2023. The contract is included in the proposed the fiscal year 2022-2023 budget.

ATTACHMENTS:

Resolution No. 3937 - Robert Brady
San Jacinto - Robert Brady Extra Help Employment Agreement (June 2022)-c1

5.2 Packet Pg. 419
Resolution No. 3937

STATE OF CALIFORNIA ) RESOLUTION NO. 3937
COUNTY OF RIVERSIDE) ss

CITY OF SAN JACINTO )

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN JACINTO, CALIFORNIA, APPOINTING ROBERT

BRADY TO PERFORM EXTRA HELP SERVICES AND

APPROVING EMPLOYMENT CONTRACT
WHEREAS, Government Code Sections 7522.56 and 21224 permit the City Council to appoint a California Public Employees’ Retirement System (“CalPERS”) retiree in an extra-help capacity when the retiree has specialized skills needed in performing work of limited duration, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, to provide extra help services to the City and relieve backlogs in excess of what regular permanent staff can accomplish, the City Council desires to retain the services of Robert Brady, a retired member of CalPERS, to assist the City Manager with the services enumerated in the proposed employment agreement effective July 1, 2022; and
WHEREAS, Robert Brady has over 28 years of experience in municipal operations and management and has previously served as a city manager and community development director; and
WHEREAS, it is understood by Robert Brady and the City that the combined total hours to be served by Robert Brady in any fiscal year for all CalPERS employers shall not exceed the 960-hour limitation set forth in California Government Code Section 7522.56; and
WHEREAS, the City Council has reviewed a proposed employment agreement by and between Robert Brady and the City of San Jacinto.

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

SECTION 1. As required by Government Code Sections 7522.56 and 21224, the City Council makes the following findings:
(a) All facts set forth in the Recitals to this Resolution are true and correct; and
(b) Robert Brady has specialized skills needed to perform the work required to assist the City Manager; and

5.2.a
Packet Pg. 420 Attachment: Resolution No. 3937 - Robert Brady (Extra Help Services Agreement with Robert Brady) Resolution No. 3937

(c) It is in the best interests of the City of San Jacinto to enter into an employment agreement with and to appoint Robert Brady to perform extra help services for the City of San Jacinto pursuant to the authority provided under Government Code Sections 7522.56 and 21224.

SECTION 2. Robert Brady is appointed to provide extra help services to the City of San Jacinto in accordance with Government Code Section 7522.56 and 21224 with the provisions of the employment agreement on file with the City Clerk.

SECTION 3. The employment agreement with Robert Brady, a copy of which is on file with the City Clerk, is approved by the City Council of the City of San Jacinto, effective July 1, 2022.

SECTION 4. The City Manager is authorized to execute said agreement on behalf of the City of San Jacinto, with such technical amendments as may be deemed appropriate by the City Manager and the City Attorney.

APPROVED AND ADOPTED this 21st day of June, 2022, by the following vote:

AYES:

NAYS:

ABSTAIN:

ABSENT:

CITY OF SAN JACINTO
______________________________
Crystal Ruiz, Mayor
ATTEST:
____________________________
Julia Espinoza, Deputy City Clerk
APPROVED AS TO FORM:

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

5.2.a
Packet Pg. 421 Attachment: Resolution No. 3937 - Robert Brady (Extra Help Services Agreement with Robert Brady) Resolution No. 3937

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. 3937 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 21st day of June 2022.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 21st day of June 2022. _____________________________________
Julia Espinoza, City Clerk
City of San Jacinto

5.2.a
Packet Pg. 422 Attachment: Resolution No. 3937 - Robert Brady (Extra Help Services Agreement with Robert Brady) -1-

AGREEMENT FOR
EXTRA HELP SERVICES [SPECIAL PROJECTS DIRECTOR]
THIS AGREEMENT, is made and entered into this 21st day of June, 2022 by and between the City of San Jacinto (“CITY”) and Robert Brady (“EMPLOYEE”). In consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:

RECITALS
This Agreement is made and entered into with respect to the following facts:

A. CITY seeks to engage EMPLOYEE on a temporary basis in an extra help capacity, in accordance with the terms set forth in this Agreement; and B. EMPLOYEE desires to accept employment in an extra help capacity in consideration of and subject to the terms, conditions and benefits set forth in this Agreement; and.

C. EMPLOYEE represents that he is a retired annuitant of CalPERS within the meaning of Government Code §§ 7522.56 and 21224 (“Statutes”) and acknowledges that his compensation is statutorily limited as provided in Government Code § 21224. EMPLOYEE represents that, as of the effective date of this Agreement, he has not worked for another CalPERS state or contracting agency as a retired annuitant during the CITY’s 2022-2023 fiscal year, and that he therefore acknowledges that he can work up to 960 hours for the CITY, a state agency or other CalPERS contracting agencies (collectively “CalPERS Agencies”) during CITY's 2022-2023 fiscal year. EMPLOYEE represents that he has not received unemployment compensation from any CalPERS Agencies during the 12- month period preceding the effective date of this Agreement. EMPLOYEE further represents that his CalPERS retirement date became effective prior to the 180-day period preceding the effective date of this Agreement; and
D, CITY has determined that it is necessary to hire EMPLOYEE, a retired annuitant, because of his extensive knowledge and skills in management of development and redevelopment of public and private property, negotiation of real estate acquisition and disposition transaction, land use master planning and conceptual design development, marketing of public property, negotiation of development agreements, and implementation of financial planning related to development are necessary to assist the City Manager on the special projects relating to the services listed in this Agreement, and EMPLOYEE, by virtue of his experience, has those special skills.

NOW, THEREFORE, CITY and EMPLOYEE, in consideration of the mutual covenants and agreements herein contained, agree as follows:

1. APPOINTMENT OF EMPLOYEE.

EMPLOYEE shall be appointed as to perform extra help for the City Manager of the CITY under the terms of this Agreement.

2. POSITION AND DUTIES. The City Manager hereby agrees to appoint EMPLOYEE to perform, on a basis set forth in Paragraph 4 below, the duties and functions set forth below, and to perform other legally permissible duties and such functions as the City Manager shall from time to time assign to relieve backlogs in excess of what regular permanent CITY staff can accomplish:

5.2.b
Packet Pg. 423 Attachment: San Jacinto - Robert Brady Extra Help Employment Agreement (June 2022)-c1 (Extra Help Services Agreement with Robert Brady) -2-
 Implementation of special projects related to Main Street Revitalization and Civic Center development;
 Real property development and redevelopment;
 Management of publicly-owned properties;
 Marketing of public and private properties for sale and re-use, including preparation of requests for proposals and similar solicitations;
 Negotiation of development agreements, purchase and sale agreements, and similar transactions
 Implementation of land use planning and conceptual design for Main Street development and infrastructure improvements; and
 Assistance in creation and implementation of update to 10-year financial plan in relation to Main Street Revitalization and Civic Center development opportunities.

The City Manager shall have the authority to determine the specific duties and functions which EMPLOYEE shall perform under this Agreement and the means and manner by which EMPLOYEE shall perform those duties and functions. EMPLOYEE agrees to devote all of his business time, skill, attention, and best efforts to the discharge of the duties and functions assigned to him by the City Manager.

3. TERM, TERMINATION AND AT-WILL STATUS.

This Agreement shall become effective upon the date executed both by EMPLOYEE and the City Manager, which date shall be the date first referenced above. EMPLOYEE shall commence the performance of his duties under this Agreement on July 1, 2022 or at such later date as the parties hereto shall agree in writing (“Commencement Date”). This Agreement shall expire as of the first of the following to occur: (i) June 30, 2023; (ii) upon EMPLOYEE working his 960th hour for the City during fiscal year 2022-2023 or his 960th hour in any subsequent fiscal year; or (iii) upon termination of the Agreement by either EMPLOYEE or CITY as provided below.

EMPLOYEE acknowledges that he is an at-will, temporary employee of CITY who shall serve at the pleasure of the City Manager at all times during the period of his service hereunder and shall be subject to termination by City Manager at any time without advance notice and without cause. The terms of CITY's personnel rules, policies, regulations, procedures, ordinances, and resolutions regarding City Administrative Personnel (collectively “Personnel Policies”), as they may be amended or supplemented from time to time, shall not apply to EMPLOYEE, and nothing in this Agreement is intended to, or does, confer upon EMPLOYEE any right to any property interest in continued employment, or any due process right to a hearing before or after a decision by the City Manager to terminate his employment. Nothing contained in this Agreement shall in any way prevent, limit or otherwise interfere with the right of CITY to terminate the services of EMPLOYEE and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of EMPLOYEE to resign at any time from this position with CITY.

4. COMPENSATION. The CITY agrees to provide the following compensation to EMPLOYEE for the services listed in this Agreement:

Beginning on July 1, 2022, CITY agrees to pay to EMPLOYEE for services rendered under this Agreement, the hourly rate of $78.00. The City shall not pay for vacation or holidays, nor shall EMPLOYEE be entitled to any other fringe benefits. However, EMPLOYEE will be provided paid sick leave in accordance with California law and City policy.

5. ABUSE OF OFFICE. Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if EMPLOYEE is convicted of a crime involving an abuse of his office or position, all of

5.2.b
Packet Pg. 424 Attachment: San Jacinto - Robert Brady Extra Help Employment Agreement (June 2022)-c1 (Extra Help Services Agreement with Robert Brady) -3-
the following shall apply: (1) EMPLOYEE shall not be provided with administrative leave pay pending an investigation; and (2) CITY shall not pay for the criminal legal defense of EMPLOYEE.

For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

6. EXPENSES. The City shall reimburse Employee for his direct, reasonable and necessary expenses incurred in the performance of his duties and in compliance with standard City policy. CITY shall reimburse EMPLOYEE for authorized, reasonable and necessary travel expenses incurred by EMPLOYEE in the performance of his duties pursuant to this Agreement. EMPLOYEE shall document and claim said reimbursement for such travel in the manner and forms required by the CITY. All reimbursements shall be for actual expenses and shall be subject to and in accordance with California and federal law and CITY’s adopted reimbursement policies. Other than as specifically provided herein, EMPLOYEE shall receive no other compensation or reimbursements for expenses incurred by him in performance of this Agreement.

7. NOTICE. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows:

CITY
City of San Jacinto
595 S. San Jacinto Avenue
San Jacinto, CA 92583
Attention: City Manager

EMPLOYEE
Robert Brady
31859 Willow Wood Ct.

Lake Elsinore, CA, 92532

7. HOURS OF WORK. EMPLOYEE shall devote the time necessary to adequately perform his duties pursuant to this Agreement. The parties anticipate that EMPLOYEE will work a sufficient number of hours per week allocated between regular business hours and hours outside of regular business hours including, without limitation, attendance at regular and special City Council meetings, community events, and other CITY functions as the City Manager may direct. However, in no event shall EMPLOYEE be required to work in excess of 960 hours in fiscal year 2022-2023 and 960 hours per each subsequent fiscal year for CITY, including hours worked for other CalPERS Agencies during such fiscal years. EMPLOYEE’S position shall be deemed a non-exempt position under California wage and hour law.

It is the intent of the parties to compensate EMPLOYEE only to the extent permitted under the Statutes and corresponding CalPERS regulations and policy statements. The Rate of Pay set forth above is based on the salary limitations established by CalPERS and is calculated by taking less than the hourly rate based on the maximum monthly base salary paid to employees performing similar duties as listed on a publicly available pay schedule for such employees. The compensation for comparable duties is $162,239.69 annually divided by 12 months, divided by 173.333 to equal an hourly rate of $78.00. The EMPLOYEE shall not be entitled to any additional compensation or benefits, other than compensation for use of his personal mobile device, at $80 p/mo.

5.2.b
Packet Pg. 425 Attachment: San Jacinto - Robert Brady Extra Help Employment Agreement (June 2022)-c1 (Extra Help Services Agreement with Robert Brady) -4-
EMPLOYEE will comply with all applicable CalPERS regulations governing employment after retirement, including the recordation and reporting of all hours worked for CITY to CalPERSas may be required. CITY shall assist in any such reporting obligations to CalPERS. Additionally, EMPLOYEE shall keep CITY continually apprised of any hours worked by EMPLOYEE for other CalPERS Agencies during the term of this Agreement.

8. WAIVER. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.

9. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the parties considering the subject matter hereof, and all prior agreements or understanding, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed, and acknowledged by both of the parties thereto. If any portion or provision hereof is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall be effected and shall remain in full force and effect.

CITY OF SAN JACINTO
By: _______________________________ Date: _______________________ Robert A. Johnson, City Manager

EMPLOYEE
By: _______________________________ Date: _______________________ Robert Brady
Approved as to Form:
_______________________________ _______________________ _______________________________
Michael J. Maurer, City Attorney
City of San Jacinto

5.2.b
Packet Pg. 426 Attachment: San Jacinto - Robert Brady Extra Help Employment Agreement (June 2022)-c1 (Extra Help Services Agreement with Robert Brady) June 21, 2022
TO: City Council
REQUESTED BY: Robert Johnson, City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: HARP/City Net Update
RECOMMENDATION:

Staff recommends that the City Council receive and file HARP update.

5.3 Packet Pg. 427
June 21, 2022
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Adoption of Fiscal Year 2022-2023 Budget
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 3938, adopting Fiscal Year 2022- 2023 Budget for the General Fund and all other funds, except the Successor Agency, which is adopted by a separate action.

BACKGROUND:

For each fiscal year, which begins on July 1, the City Manager and staff prepare a proposed budget for the operations and improvements of the city for the City Council’s review, consideration, and adoption. The budget is adopted by resolution, which provides for appropriations and expenditures to operate the city government for the ensuing fiscal year.

A detailed summary of the budget is presented to the City Council here in the form of the Proposed Budget. The document summarizes the estimated revenue and recommended expenditures in all budget funds and programs, as well as any recommended service level enhancements and reserves.

DISCUSSION:

The General Fund Budget estimated revenues of $36,867,506 and recommended total expenditures of $37,969,283 are balanced by the use of fund balance. Total expenditures include capital projects, development services, and other transfers but do not include the Public Safety CFD subsidy. All other funds, with the exception of the Public Safety CFD, are balanced by adequate revenues or fund balances, and in the case of capital projects, by the transfer of funds from the capital projects reserve and by new capital funding scheduled to be received.

The City’s General Fund Operating Budget is balanced.

The proposed total budget is categorized as:

General Fund $ 32,220,931
Non-general Fund 82,918,906
Capital Projects 38,713,703
Total Budget $153,853,540
The proposed General Fund operating budget is distributed as follows:

5.4 Packet Pg. 428
General Government $10,307,507
Development Services 2,941,025
Public Safety 18,972,399
Total GF Operating Budget $32,220,931
Advance to Public Safety CFD #2003-1 $ 1,050,246
Reserves
At June 30, 2022, after proposed transfers, the General Fund Contingency Reserve is projected to be $3,985,348, the Capital Projects Reserve is projected to be $3,715,491, the Development Services Fund Balance is projected to be $1,000,000, and the Measure V Fund Balance is projected to be $5,215,370. The Unreserved Fund Balance is projected at $1,000,000.

FISCAL IMPACT:

Fiscal impacts of recommended expenditures are balanced by estimated revenues and, in some funds, the use of available fund balances. With this Budget, the Public Safety CFD will again require a subsidy of approximately $1,050,246.

ATTACHMENTS:
06-21-22 Resolution - Budget Adopt
Exhibit A - City Budgeted Fund Balances
SJ proposed budget presentation - 06-21-2022 - Council package Council Budget package 22-23

5.4 Packet Pg. 429
Resolution No. 3938

STATE OF CALIFORNIA ) RESOLUTION NO. 3938
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

RESOLUTION OF THE CITY OF SAN JACINTO,

CALIFORNIA, ADOPTING A BUDGET FOR FISCAL YEAR
2022-2023
WHEREAS, the City of San Jacinto operates on a fiscal year calendar beginning on July 1st of each year and ending on June 30th of the next year; WHEREAS, the City of San Jacinto wishes to adopt a budget for the fiscal year 2022-2023 for expenditures based on estimated revenues and available fund balance reserves; and
WHEREAS, City staff has presented an overall operating budget and capital budget containing the General, Development Services, Special Revenue, Internal Service, Debt Service, Capital Project, Housing Agency, Enterprise, and Successor Agency Funds to meet the needs of the citizens of the City of San Jacinto; and WHEREAS, the City Council has thoroughly examined and analyzed the proposed budget in order to meet the needs of the citizens of the City of San Jacinto; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of San Jacinto as follows:

Section 1. The budget for Fiscal Year 2022-2023, a copy of which will be on file in the City Clerk’s Office, is hereby adopted with projected beginning (combined) fund balances of
$66,078,141, total expenditures (excluding capital transfers out) of $115,139,837, including total capital expenditures of $38,713,703, to be funded by revenues (excluding capital transfers in) of $109,008,767, and the use of available fund balance of $6,131,070. (Reference “Exhibit A”)
Section 2. All funds are authorized as presented in the budget document.

Section 3. City Manager is hereby authorized to make budget adjustments to the adopted budget to reallocate
appropriations between departmental activities and between City funds. Only the City Council, by motion and affirmative majority vote, through minute action or resolution, may increase or decrease the total estimated revenues and total adopted expenditures in the FY 2022-2023 Adopted Budget.

5.4.a
Packet Pg. 430 Attachment: 06-21-22 Resolution - Budget Adopt (Adoption of Fiscal Year 2022-2023 Budget) Resolution No. 3938

Section 4. Rescind any and all previous General Fund Reserve Designations and designate General Fund Reserves as
follows: Contingency Reserve set at a minimum of 15% of General Fund Operating Expenditures or $4,833,140 (net of projected $1,050,246 advance to the Public Safety CFD
#2003-1 fund); and a Capital Projects Reserve of
($1,183,947) (based on the estimated beginning fund
balances, original appropriations and estimated revenues).

Section 5. General Fund administrative overhead consisting of costs from City Council, City Manager, City Clerk, Human
Resources, Finance, and Non-departmental services shall be allocated to program cost centers, charged on a prorated basis to cost of funding. In all cases where a Capital Project is financed by debt, no overhead cost allocation will be made to debt funds. In addition, overhead allocation will be limited in the following funds:

A. Gas Tax Fund - Not to exceed 5% of revenues
B. Measure A Fund - Not to exceed 5% of revenues
C. Air Quality Improvement Fund - Not to exceed 5% of
revenues
D. COPS Grant Fund - Not to exceed 0.5% of revenues

Section 6. Internal Service Funds for information technology, general liability, worker’s compensation, and unemployment
insurance will be allocated to funds based on:

A. Information Technology – percentage of desktop
computers
in each department or program
B. General Liability – percentage of department or program cost
C. Worker’s Compensation – percentage of payroll in each department or program
D. Unemployment Insurance - percentage of payroll in
each department or program
Section 7. Continuing appropriations are authorized for all unexpended purchase orders, as well as Capital Project Funds from all previous fiscal years as presented in the Construction in Progress (CIP) Schedule of the budget. The estimated
carryover of such project costs for all City funds is estimated for June 30, 2021 a,t $37,163,703.

5.4.a
Packet Pg. 431 Attachment: 06-21-22 Resolution - Budget Adopt (Adoption of Fiscal Year 2022-2023 Budget) Resolution No. 3938

APPROVED, SIGNED, and ADOPTED this 21st day of June 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

5.4.a
Packet Pg. 432 Attachment: 06-21-22 Resolution - Budget Adopt (Adoption of Fiscal Year 2022-2023 Budget) Resolution No. 3938

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. 3938 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 21st day of June 2022.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 21st day of June 2022. _____________________________________
Julia Espinoza, City Clerk
City of San Jacinto

5.4.a
Packet Pg. 433 Attachment: 06-21-22 Resolution - Budget Adopt (Adoption of Fiscal Year 2022-2023 Budget) Fiscal Year 2022-2023 Budget

EXHIBIT A
Fiscal Year 2022-2023
Projected Fund Balances
2021/2022 2022/2023
Projected Proposed Proposed Proposed Proposed
Fund # Fund Description Fund Balance Revenues Expenditures Adjustments Fund Balance 010 GENERAL FUND
RESERVED - Advances to Other Funds 291,129 - 291,129
RESERVED - Advances to CFD #2003-1 3,977,723 1,050,246 5, 027,969 RESERVED - Capital Projects 3,715,491 (4,899,438) (1, 183,947) RESERVED - Contingency 3,985,348 847,792 4, 833,140
UNRESERVED - Operations - (24, 21,337,693 6,022,392 615,288) Capital Projects 1,000,000 3, (5, 003,555 1, 748,352) 000,000 TOTAL GENERAL FUND & GF RESERVES 12,969,691 24, (30, 341,248 3,020,992 363,640) 9, 968,291 011 DEVELOPMENT SERVICES FUND 1,000,000 5, (2, 962,017 (3,020,992) 941,025) 1, 000,000 012 MEASURE V 1% SALES TAX 5,215,370 6, (4, 564,241 - 664,618) 7, 114,993 GENERAL FUND AS REPORTED 19,185,061 36, (37, 867,506 - 969,283) 18, 083,284 017 INFORMATION TECHNOLOGY 247,182 1, (1, 759,983 738,011) 269,154 018 WORKERS' COMP INSURANCE 991,104 ( 210,000 232,900) 968,204 019 UNEMPLOYMENT INSURANCE 6,548 17,000 ( 8,548 15,000) 020 LIABILITY INSURANCE 157,024 ( 683,220 693,220) 147,024 021 GAS TAX - 1, (1, 422,695 - 422,695)
022 MEASURE "A" 2,268,446 1, (2, 395,000 722,915) 940,531 024 TRAFFIC SAFETY 118,454 65,000 ( 11,867 171,587)
025 LLPD #1 109,679 ( 663,000 90,040 682,639)
027 ROAD MAINT/REHAB 3,062,120 1, ( 155,307 3, 909,138) 308,289 028 PARK DEVELOPMENT 33,669 350 - 34,019
029 CDBG - ( 477,587 - 477,587)
031 VANDALISM/GRAFFITI REWARD FUND 40,553 - (1 39,553 ,000) 032 PARKWAY DEVELOPMENT 18,050 275 - 18,325
034 CFD 2003-1 POLICE/FIRE (owed to General Fund) (3,977,723) 3, (4, 181,121 (5, 231,367) 027,969) 038 UNDERGROUND UTILITY 1,294,247 15,000 - 1, 309,247
039 FLOOD CONTROL 1,060,645 7, (6, 103,312 1, 596,347) 567,610 041 TRAFFIC SIGNALIZATION 154,922 2,000 - 156,922
042 AD 87-1 DEBT (owed to General Fund & RDA) (461,097) - (2 ( ,050) 463,147) 045 CFD #2002-1 DEBT 3,264,300 1, (1, 518,750 3, 411,818) 371,232 056 CSA 152 49,533 ( 618,550 (15,893) 683,976)
060 ASSET FORFEITURE - STATE 115,601 1,500 ( 671) 116,430 061 ASSET FORFEITURE - FEDERAL 35,971 450 - 36,421
062 PROP 172 FUND 83,226 ( 464,186 390,000) 157,412
063 AIR QUALITY IMPROVEMENT 203,058 67,000 ( 62,739) 207,319 064 COPS 20,092 ( 161,946 - 182,038)
067 FIRE MITIGATION 4,808 9,000 - 13,808
072 HIGHWAY 79 RELINQUISHMENT 143,593 - ( 1 143,592)
074 CAR POOL MITIGATION 467,500 11,500 (8 ,576) 470,424 075 LOCAL TRANSPORTATION 18,454 225 - 18,679
076 REGIONAL TRANSPORTATION 11,949 150 - 12,099
077 PUBLIC BUILDING 3,060 45 - 3,105
079 CFD #2021-1 PUBLIC SAFETY (2,500) - - (2,500)
083 TUMF ROAD PROJECTS 38,106 9, (9, 820,314 (75,076) 933,496) 084 AMR COMPLIANCE FINES FUND - 35,000 ( - 35,000)
102 SPECIAL DISTRICT ADMIN 128,073 ( 300,000 255,593) 172,480 103 DIF: ADMINISTRATION 14,564 1,400 - 15,964
111 DIF: POLICE FACILITIES 143,056 26,300 - 169,356
116 DIF: FIRE FACILITIES 347,039 30,500 - 377,539
122 DIF: PARK FACILITIES 313,502 6,000 - 319,502
125 DIF: PARK LAND ACQUISITION 298,176 7,250 - 305,426
128 DIF: PARK LAND IMPROVEMENTS 724,149 12,500 - 736,649

5.4.b
Packet Pg. 434 Attachment: Exhibit A - City Budgeted Fund Balances (Adoption of Fiscal Year 2022-2023 Budget) Fiscal Year 2022-2023 Budget

EXHIBIT A
Fiscal Year 2022-2023
Projected Fund Balances
2021/2022 2022/2023
Projected Proposed Proposed Proposed Proposed
Fund # Fund Description Fund Balance Revenues Expenditures Adjustments Fund Balance 131 DIF: COMMUNITY AMENITIES 118,796 35,000 ( 43,225) 110,571 132 DIF: ART IN PUBLIC PLACES 70,717 40,200 ( 85,917 25,000) 135 DIF: GOVERNMENT SERVICES FACILITIES 241,335 32,500 - 273,835 141 DIF: STREETS 1,253,922 (1, 137,500 106,908) 284,514 146 DIF: BIKEWAYS 55,157 2,900 - 58,057
149 DIF: TRAFFIC SIGNALS 122,379 21,100 (4 ,000) 139,479 195 EQUIPMENT REPLACEMENT FUND 1,053,416 90,000 ( 157,207) 986,209 199 CAPITAL PROJECTS - (38, 38,713,703 - 713,703)
201 CFD 2003-2 SEWER LIFT STN - 21,240 ( - 21,240)
3XX LLPD #2 ZONES 9,587,746 5, (5, 076,147 9, 115,047) 548,846 4XX CFD MAINTENANCE ZONES 56,571 14,227 ( 60,648 10,150) 7XX AD 2003-1 ZONES 7,923,426 1, ( 167,750 9, 42,406) 048,770 FUND BALANCES - GENERAL GOVERNMENT FUNDS 51,217,659 (116,212,124) 113,463,189 - 48, 468,724 179 HOUSING AUTHORITY FUND 575,925 10,000 ( - 13,000) 572,925 FUND BALANCES - HOUSING AUTHORITY FUNDS 575,925 10,000 ( - 13,000) 572,925 048 SAN JACINTO POWER - CCA 453,896 (17, 17,801,350 331,027) 924,219 050 WATER ENTERPRISE 9,113,973 (16, 13,189,466 5, 960,939) 342,500 051 WATER CAPITAL FUND 183,660 3,800 - 187,460
052 WATER RESERVE FUND - - 745,000 745,000
053 SEWER CAPITAL IMPROVEMENTS 368,503 25,000 - 393,503 055 SEWER ENTERPRISE 3,556,795 1, (2, 828,412 2, 698,173) 687,034 FUND BALANCES - ENTERPRISE FUNDS 13,676,827 33, (36, 593,028 - 990,139) 10, 279,716 FUND BALANCES - TOTAL CITY 65,470,411 (153,215,263) 147,066,217 - 59, 321,365 186 SA - SJ PROJECT 466,811 3,750 ( - 36,132) 434,429
187 SA - SJ DEBT 95,518 ( 651,953 - 602,145) 145,326
189 SA - SJ LOW-MOD 45,401 550 - - 45,951
FUND BALANCES - SUCCESSOR AGENCY FUNDS 607,730 ( 656,253 - 638,277) 625,706

5.4.b
Packet Pg. 435 Attachment: Exhibit A - City Budgeted Fund Balances (Adoption of Fiscal Year 2022-2023 Budget) 1 CITY OF SAN JACINTO

YEAR OF TRANSITION & ECONOMIC RECOVERY

DEPUTY CITY MANAGER TOM PRILL

WILL BE TAKING OVER FOR THE REMAINDER OF THE

PRESENTATION
Improving the Quality of Life for Residents

5.4.c
Packet Pg. 436
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year 2 CITY OF SAN JACINTO

YEAR OF ECONOMIC VITALITY
FY 2022/23 BUDGET ASSUMPTIONS• PROPERTY TAX EXPECTED TO INCREASE 5.12% (PER HDL) OVER 21/22 ACTUAL, BUT LESS THAN 21/22 BUDGET.
• SALES TAX EXPECTED TO DECREASE 2.82% (PER HDL) FROM 21/22 ACTUAL, BUT IS 14.2% HIGHER THAN 21/22 BUDGET. MEASURE V AT -1.33%. • VLF EXPECTED TO INCREASE 8.9% (PER HDL) OVER 21/22 ACTUAL.• DEVELOPMENT SERVICES REVENUE EXPECTED TO DECREASE 28%.• TOTAL PUBLIC SAFETY COSTS INCREASE BY 10% ($2,094,804) OVER 21/22 BUDGET AND INCREASE BY 25% ($4,574,239) OVER21/22 PROJECTIONS. (REFLECTS INCREASES DUE TO MEASURE V) • SALARIES BUDGETED ASSUMING 0% COLA AND 5% STEP
INCREASES. (LABOR CONTRACT NEGOTIATIONS ONGOING)
• HEALTH INSURANCE BUDGETED AT 10% INCREASE.• STAFFING INCREASES: STREETS (HOT PATCH & CONCRETE)• GENERAL LIABILITY INSURANCE EXPECTED TO RISE 27%.

Improving the Quality of Life for Residents

5.4.c
Packet Pg. 437
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year 3 CITY OF SAN JACINTO

YEAR OF ECONOMIC VITALITY
REQUESTS BY STAFF –NOT INCLUDED IN FY 2022/23STREETS30KW GENERATOR/LIGHT TOWER $ 37,500 WATER
BACKFLOW/CONSERVATION SPECIALIST (RE-ORG) $ 92,667
$130,167
Improving the Quality of Life for Residents

5.4.c
Packet Pg. 438
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year 4 GENERAL FUND / DEVELOPMENT SERVICES /
MEASURE V: SNAPSHOT
Improving the Quality of Life for Residents

GF/DS/MV

ADOPTED
BUDGET
FY 21/22

PROJECTED
FY 21/22

PROPOSED
BUDGET
FY 22/23

DIFFERENCE

IN BUDGETS
REVENUES 27,418,835 33,609,980 33,863,951 6,445,116
EXPENDITURES 27,489,468 26,568,987 32,220,931 4,731,463TOTALS (70,633) 7,040,993 1,643,020 1,713,653 Updated: 06/21/2022

5.4.c
Packet Pg. 439
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year 14%
13%
14%
8% 9%
7%
6%
10%
19%
VLFSales TaxAdmin Overhead AllocationProperty TaxFranchise Fee & LicensesOther Revenues (excl. CIP grants)Development ServicesCannabis TaxesMeasure V Sales Tax 5 GENERAL FUND REVENUES BY SOURCE
Improving the Quality of Life for Residents
PROPOSED BUDGET FY 2022/23
$33,863,951

5.4.c
Packet Pg. 440
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year 6 GENERAL FUND REVENUES BY SOURCE
Improving the Quality of Life for Residents

REVENUES BY
SOURCE

ADOPTED
BUDGET
FY 21/22

PROJECTED
FY 21/22

PROPOSED
BUDGET
FY 22/23

DIFFERENCE

IN BUDGETS
VLF 4,301,834 4,399,603 4,791,339 489,505SALES TAX 3,789,954 4,454,111 4,328,437 538,483 ADMIN OH ALLOC 3,861,447 3,861,447 4,722,660 861,213
PROPERTY TAX 2,911,656 2,924,872 2,928,894 17,238
FRANCHISE FEES& LICENSES 2,620,000 2,790,336 2,785,000 165,000 OTHER REV (EXCL.

GRANTS) 2,499,444 2,380,322 2,328,805 (170,639)
DEVELOPMENTSERVICES 1,866,500 2,752,759 1,975,235 108,735CANNABIS TAXES 1,168,000 3,409,161 3,454,340 2,286,340 MEASURE V 4,400,000 6,638,369 6,549,241 2,149,241
TOTAL 27,418,835 33,609,980 33,863,951 6,445,116
Updated: 06/21/22

5.4.c
Packet Pg. 441
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year 59%
12%
5%
12%
11%
1% 0%
Public SafetyAdministrationCode EnforcementDevelopment ServicesPublic WorksEconomic DevelopmentCity Council $32,220,931
7 GENERAL FUND EXPENDITURES BY SOURCE
Improving the Quality of Life for Residents
PROPOSED BUDGET FY 2022/23

5.4.c
Packet Pg. 442
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year 8 GENERAL FUND EXPENDITURES BY SOURCE
Improving the Quality of Life for Residents

EXPENDITURES

BY SOURCE

ADOPTED
BUDGET
FY 21/22

PROJECTED
FY 21/22

PROPOSED
BUDGET
FY 22/23

DIFFERENCE

IN BUDGETS
PUBLIC SAFETY 17,712,911 14,819,277 18,972,399 1,259,488 ADMINISTRATION 3,140,072 3,950,865 3,867,468 727,396
CITY COUNCIL 116,343 106,744 115,820 (523)
PUBLIC WORKS 2,078,870 2,539,160 3,601,139 1,522,269CODE ENFORCEMENT 1,416,018 1,362,332 1,505,819 89,801

ECONOMIC
DEVELOPMENT 308,515 339,220 341,818 33,303

DEVELOPMENT
SERVICES 2,716,739 3,451,389 3,816,468 1,099,729
TOTAL 27,489,468 26,568,987 32,220,931 4,731,463
Updated: 06/21/22

5.4.c
Packet Pg. 443
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year 9 GENERAL FUND / DEVELOPMENT SERVICES /
MEASURE V: SNAPSHOT
Improving the Quality of Life for Residents

GF/DS/MV

ADOPTED
BUDGET
FY 21/22

PROJECTED
FY 21/22

PROPOSED
BUDGET
FY 22/23

DIFFERENCE

IN BUDGETS
REVENUES 27,418,835 33,609,980 33,863,951 6,445,116
EXPENDITURES 27,489,468 26,568,987 32,220,931 4,731,463TOTALS (70,633) 7,040,993 1,643,020 1,713,653 Updated: 06/21/2022

5.4.c
Packet Pg. 444
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year 10 CITY OF SAN JACINTO

YEAR OF ECONOMIC VITALITY

FUND BALANCE POLICY
Improving the Quality of Life for Residents
GENERAL FUND EXPENDITURES PROPOSED FY 22/23 $32,220,931CONTINGENCY RESERVE – 15% $4,833,140UNAVAILABLE RESERVE (ADVANCES TO CFD #2003-1 & OTHER FUNDS) – PROJECTED
$5,319,098
CONTINGENT OR UNAVAILABLE RESERVES $10,152,238GENERAL FUND/DEVELOPMENT SERVICES RESERVES $2,000,000MEASURE V RESERVES $7,114,993CAPITAL PROJECTS RESERVES $(1,183,947)FUND BALANCE PROJECTED FY 2022/23 $18,083,284 DOES NOT INCLUDE EQUIPMENT REPLACEMENT RESERVE OF $986,209.

5.4.c
Packet Pg. 445
Attachment: SJ proposed budget presentation - 06-21-2022 - Council package (Adoption of Fiscal Year CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2022‐23 BUDGET
TOTAL REVENUE ‐ GF/DS/MV 36,867,506
EXPENDITURES ‐ by department
City Council 115,820
City Clerk 473,674
City Attorney 300,000
City Manager 748,535
Human Resources 515,748
Finance 1,268,968
Treasurer 1,602
Business Licenses 94,671
Kiosk Signs Program ‐
Non‐Departmental (includes CIP of $5.75M) 6,136,622
Special Events 76,000
Police 12,423,499
Police EOC 2,155
Fire 1,884,282
Code Enforcement 1,505,819
City EOC 11,000
Engineering 141,338
Stormwater 323,367
Streets 1,224,561
PW Admin 910,043
Museum 24,163
Estudillo Mansion 30,011
Parks 1,020,275
Graffiti 46,135
Community Center 2,429
Swimming Pool 7,000
Community Outreach 733,855
Economic Development 341,818
Housing Development 250
Planning 1,272,095
Building 998,594
Engineering‐DS 670,336
Non‐Departmental‐MV ‐
Police‐MV 3,891,333
Fire‐MV 773,285
TOTAL EXPENDITURES 37,969,283

5.4.d
Packet Pg. 446 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2022‐23 BUDGET
USE OF RESERVES (1,101,777)
CFD #2003‐1 REVENUE 3,181,121
CFD #2003‐1 EXPENDITURES
Police 1,160,728
Fire 3,002,342
Finance/General 68,297
TOTAL CFD #2003‐1 EXPENDITURES 4,231,367
LOAN FROM GF (1,050,246)
TOTAL USE OF RESERVES (GF + CFD) (2,152,023)

5.4.d
Packet Pg. 447 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2022‐23 BUDGET
TOTAL REVENUE 36,867,506
PUBLIC SAFETY EXPENDITURES
Police (16,314,832)
Fire (2,657,567)
REMAINING 17,895,107
Salaries 4,499,650
Benefits 2,394,208
Supplies 548,192
Professional & Technical 1,504,848
Travel & Meetings 241,261
Intergovernmental 162,000
Repairs & Maintenance 104,360
Utilities 154,572
Other 50,814
Insur/OH/Cost Recovery 760,336
Capital Outlays 463,500
Interfund Transfers 5,748,352
Debt Service 338,644
Rental & Contract Services 2,026,147
TOTAL NON‐PUBLIC SAFETY EXPENDITURES 18,996,884
NET USE OF RESERVES (1,101,777)
INCLUDING CFD #2003‐1
TOTAL REVENUE 40,048,627
PUBLIC SAFETY EXPENDITURES
Police (17,475,560)
Fire (5,659,909)
REMAINING 16,913,158
Salaries 4,499,650
Benefits 2,394,208
Supplies 548,192

5.4.d
Packet Pg. 448 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2022‐23 BUDGET
Professional & Technical 1,516,145
Travel & Meetings 241,261
Intergovernmental 162,000
Repairs & Maintenance 104,360
Utilities 154,572
Other 65,814
Insur/OH/Cost Recovery 760,336
Capital Outlays 463,500
Interfund Transfers 5,748,352
Debt Service 378,644
Rental & Contract Services 2,028,147
TOTAL NON‐PUBLIC SAFETY EXPENDITURES 19,065,181
TOTAL USE OF RESERVES (2,152,023)

5.4.d
Packet Pg. 449 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2021‐22 BUDGET
TOTAL REVENUE 28,896,796
EXPENDITURES ‐ by department
City Council 116,343
City Clerk 343,533
City Attorney 350,000
City Manager 649,455
Human Resources 441,976
Finance 862,423
Treasurer 1,602
Business Licenses 62,913
Kiosk Signs Program ‐
Non‐Departmental (includes CIP of $2.68M) 3,085,248
Special Events 18,000
Police 14,658,229
Police EOC 1,866
Fire 3,054,682
Code Enforcement 1,416,018
City EOC 4,000
Engineering 107,792
Storm Drains 299,712
Streets 435,865
PW Admin 690,010
Museum 24,507
Estudillo Mansion 26,134
Parks 488,999
Graffiti 36,861
Community Center 2,963
Swimming Pool 7,953
Community Outreach 103,250
Economic Development 308,515
Housing Development 250
Planning 919,150
Building 953,990
Engineering‐DS 255,807
TOTAL EXPENDITURES 29,728,046
USE OF RESERVES (831,250)

5.4.d
Packet Pg. 450 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2021‐22 BUDGET
CFD #2003‐1 REVENUE 3,158,121
CFD #2003‐1 EXPENDITURES
Police 1,135,907
Fire 2,194,002
Finance/General 58,297
TOTAL CFD #2003‐1 EXPENDITURES 3,388,206
LOAN FROM GF (230,085)
TOTAL USE OF RESERVES (GF + CFD) (1,061,335)

5.4.d
Packet Pg. 451 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2021‐22 BUDGET
TOTAL REVENUE 28,896,796
PUBLIC SAFETY EXPENDITURES
Police (14,660,095)
Fire (3,054,682)
REMAINING 11,182,019
Salaries 3,852,957
Benefits 2,169,976
Supplies 271,704
Professional & Techincal 1,137,316
Travel & Meetings 182,560
Intergovernmental 162,000
Repairs & Maintenance 58,260
Utilities 149,076
Other 47,214
Insur/OH/Cost Recovery (469,017)
Capital Outlays 28,000
Interfund Transfers 2,675,078
Debt Service 338,644
Rental & Contract Services 1,409,501
TOTAL NON‐PUBLIC SAFETY EXPENDITURES 12,013,269
NET USE OF RESERVES (831,250)
INCLUDING CFD #2003‐1
TOTAL REVENUE 32,054,917
PUBLIC SAFETY EXPENDITURES
Police (15,796,002)
Fire (5,248,684)
REMAINING 11,010,231
Salaries 3,852,957
Benefits 2,169,976
Supplies 271,704

5.4.d
Packet Pg. 452 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2021‐22 BUDGET
Professional & Techincal 1,148,613
Travel & Meetings 182,560
Intergovernmental 162,000
Repairs & Maintenance 58,260
Utilities 149,076
Other 62,214
Insur/OH/Cost Recovery (469,017)
Capital Outlays 28,000
Interfund Transfers 2,675,078
Debt Service 368,644
Rental & Contract Services 1,411,501
TOTAL NON‐PUBLIC SAFETY EXPENDITURES 12,071,566
TOTAL USE OF RESERVES (1,061,335)

5.4.d
Packet Pg. 453 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2022‐23 BUDGET
2022‐23 2021‐22 Increase/Decrease %
TOTAL REVENUE 36,867,506          28,896,796        7,970,710                     27.58% EXPENDITURES ‐ by department
City Council 115,820                116,343              (523)                               ‐0.45% City Clerk 473,674                343,533              130,141                        37.88% City Attorney 300,000                350,000              (50,000)                         ‐14.29% City Manager 748,535                649,455              99,080                           15.26% Human Resources 515,748                441,976              73,772                           16.69% Finance 1,268,968            862,423              406,545                        47.14% Treasurer 1,602                    1,602                  ‐                                 0.00% Business Licenses 94,671                  62,913                31,758                           50.48% Kiosk Signs Program ‐                         ‐                      ‐                                 #DIV/0! Non‐Departmental (includes CIP) 6,136,622            3,085,248          3,051,374                     98.90% Special Events 76,000                  18,000                58,000                           322.22% Police 12,423,499          14,658,229        (2,234,730)                    ‐15.25% Police EOC 2,155                    1,866                  289                                15.49% Fire 1,884,282            3,054,682          (1,170,400)                    ‐38.31% Code Enforcement 1,505,819            1,416,018          89,801                           6.34% City EOC 11,000                  4,000                  7,000                             175.00% Engineering 141,338                107,792              33,546                           31.12% Stormwater                299,712 323,367              23,655                           7.89% Streets 1,224,561            435,865              788,696                        180.95% PW Admin 910,043                690,010              220,033                        31.89% Museum 24,163                  24,507                (344)                               ‐1.40% Estudillo Mansion 30,011                  26,134                3,877                             14.84% Parks 1,020,275            488,999              531,276                        108.65% Graffiti 46,135                  36,861                9,274                             25.16% Community Center                    2,963 2,429                  (534)                               ‐18.02% Swimming Pool 7,000                    7,953                  (953)                               ‐11.98% Community Outreach 733,855                103,250              630,605                        610.76% Economic Development                308,515 341,818              33,303                           10.79% Housing Development                        250 250                     ‐                                 0.00% Planning 1,272,095            919,150              352,945                        38.40% Building 998,594                953,990              44,604                           4.68% Engineering‐DS 670,336                255,807              414,529                        162.05% Non‐Departmental‐MV                         ‐ ‐                      ‐                                 #DIV/0! Police‐MV 3,891,333            ‐                      3,891,333                     #DIV/0! Fire‐MV 773,285                ‐                      773,285                        #DIV/0! TOTAL EXPENDITURES 37,969,283          29,728,046        8,241,237                     27.72% USE OF RESERVES (1,101,777)           (831,250)            (270,527)                       32.54% CFD #2003‐1 REVENUE 3,181,121            3,158,121          23,000                           0.73% CFD #2003‐1 EXPENDITURES
Police 1,160,728            1,135,907          24,821                           2.19% Fire 3,002,342            2,194,002          808,340                        36.84% Finance/General 68,297                  58,297                10,000                           17.15% TOTAL CFD #2003‐1 EXPENDITURES 4,231,367            3,388,206          843,161                        24.89% LOAN FROM GF (1,050,246)           (230,085)            (820,161)                       356.46% TOTAL USE OF RESERVES (GF + CFD) (2,152,023)           (1,061,335)         (1,090,688)                    102.77%

5.4.d
Packet Pg. 454 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
GENERAL FUND ‐ IN A NUTSHELL
FY 2022‐23 BUDGET
2022‐23 2021‐22 Increase/Decrease %
TOTAL REVENUE 36,867,506        28,896,796        7,970,710                   27.58% PUBLIC SAFETY EXPENDITURES
Police (16,314,832)       (14,660,095)       (1,654,737)                  11.29% Fire (2,657,567)         (3,054,682)         397,115                       ‐13.00% REMAINING 17,895,107        11,182,019        6,713,088                   60.03% Salaries 4,499,650          3,852,957          646,693                       16.78% Benefits 2,394,208          2,169,976          224,232                       10.33% Supplies 548,192              271,704              276,488                       101.76% Professional & Techincal 1,504,848          1,137,316          367,532                       32.32% Travel & Meetings 241,261              182,560              58,701                         32.15% Intergovernmental 162,000              162,000              ‐                                0.00% Repairs & Maintenance 104,360              58,260                46,100                         79.13% Utilities 154,572              149,076              5,496                            3.69% Other 50,814                47,214                3,600                            7.62% Insur/OH/Cost Recovery              (469,017) 760,336            1,229,353                   ‐262.11% Capital Outlays 463,500              28,000                435,500                       1555.36% Interfund Transfers 5,748,352          2,675,078          3,073,274                   114.89% Debt Service 338,644              338,644              ‐                                0.00% Rental & Contract Services 2,026,147          1,409,501          616,646                       43.75% TOTAL NON‐PUBLIC SAFETY EXPENDITURES 18,996,884        12,013,269        6,983,615                   58.13% NET USE OF RESERVES (1,101,777)         (831,250)            (270,527)                     32.54% INCLUDING CFD #2003‐1
TOTAL REVENUE 40,048,627        32,054,917        7,993,710                   24.94% PUBLIC SAFETY EXPENDITURES
Police (17,475,560)       (15,796,002)       (1,679,558)                  10.63% Fire (5,659,909)         (5,248,684)         (411,225)                     7.83% REMAINING 16,913,158        11,010,231        5,902,927                   53.61% Salaries 4,499,650          3,852,957          646,693                       16.78% Benefits 2,394,208          2,169,976          224,232                       10.33% Supplies 548,192              271,704              276,488                       101.76% Professional & Techincal 1,516,145          1,148,613          367,532                       32.00% Travel & Meetings 241,261              182,560              58,701                         32.15% Intergovernmental 162,000              162,000              ‐                                0.00% Repairs & Maintenance 104,360              58,260                46,100                         79.13% Utilities 154,572              149,076              5,496                            3.69% Other 65,814                62,214                3,600                            5.79% Insur/OH/Cost Recovery              (469,017) 760,336            1,229,353                   ‐262.11% Capital Outlays 463,500              28,000                435,500                       1555.36% Interfund Transfers 5,748,352          2,675,078          3,073,274                   114.89% Debt Service 378,644              368,644              10,000                         2.71% Rental & Contract Services 2,028,147          1,411,501          616,646                       43.69% TOTAL NON‐PUBLIC SAFETY EXPENDITURES 19,065,181        12,071,566        6,993,615                   57.93% TOTAL USE OF RESERVES (2,152,023)         (1,061,335)         (1,090,688)                  102.77%

5.4.d
Packet Pg. 455 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) Fiscal Year 2022-2023 Budget
Fiscal Year 2022-2023
Projected Fund Balances
All Fund Balances
2021/2022 2022/2023
Projected Proposed Proposed Proposed Projected
Fund # Fund Description Fund Balance Revenues Expenditures Adjustments Fund Balance 010 GENERAL FUND
RESERVED - Advances to Other Funds (unavailable) 291,129 - 291,129 RESERVED - Advances to CFD #2003-1 (unavailable) 3,977,723 1,050,246 5,027,969 RESERVED - Capital Projects 3,715,491 (4,899,438) (1,183,947) RESERVED - Contingency 3,985,348 847,792 4,833,140
UNRESERVED - Operations - 21, (24,615,288) 337,693 6,022,392 Capital Projects 1,000,000 3,003,555 (5,748,352) 1,000,000 TOTAL GENERAL FUND & GF RESERVES 12, 24,341,248 969,691 (30,363,640) 3,020,992 9,968,291 011 DEVELOPMENT SERVICES FUND 1,000,000 5,962,017 (2,941,025) (3,020,992) 1,000,000 012 MEASURE V 1% SALES TAX 5,215,370 6,564,241 (4,664,618) - 7,114,993 GENERAL FUND AS REPORTED 19, 36,867,506 185,061 (37,969,283) - 18, 083,284 017 INFORMATION TECHNOLOGY 1,759,983 247,182 (1,738,011) 269,154 018 WORKERS' COMP INSURANCE 991,104 210,000 (232,900) 968,204 019 UNEMPLOYMENT INSURANCE 6,548 17,000 (15,000) 8,548
020 LIABILITY INSURANCE 157,024 683,220 (693,220) 147,024 021 GAS TAX - 1,422,695 (1,422,695) -
022 MEASURE "A" 2,268,446 1,395,000 (2,722,915) 940,531 024 TRAFFIC SAFETY 118,454 65,000 (171,587) 11,867
025 LLPD #1 109,679 663,000 (682,639) 90,040
027 ROAD MAINT/REHAB 3,062,120 1,155,307 (909,138) 3,308,289 028 PARK DEVELOPMENT 33,669 350 - 34,019
029 CDBG - 477,587 (477,587) -
031 VANDALISM/GRAFFITI REWARD FUND 40,553 - (1,000) 39,553 032 PARKWAY DEVELOPMENT 18,050 275 - 18,325
034 CFD 2003-1 POLICE/FIRE (owed to General Fund) (3,977,723) 3,181,121 (4,231,367) (5,027,969) 038 UNDERGROUND UTILITY 1, 15,000 294,247 - 1,309,247
039 FLOOD CONTROL 1,060,645 7,103,312 (6,596,347) 1,567,610 041 TRAFFIC SIGNALIZATION 154,922 2,000 - 156,922
042 AD 87-1 DEBT (owed to General Fund & RDA) (461,097) - (2,050) (463,147) 045 CFD #2002-1 DEBT 3,264,300 1,518,750 (1,411,818) 3,371,232 056 CSA 152 49,533 618,550 (683,976) (15,893)
060 ASSET FORFEITURE - STATE 115,601 1,500 (671) 116,430 061 ASSET FORFEITURE - FEDERAL 35,971 450 - 36,421
062 PROP 172 FUND 83,226 464,186 (390,000) 157,412
063 AIR QUALITY IMPROVEMENT 203,058 67,000 (62,739) 207,319 064 COPS 20,092 161,946 (182,038) -
067 FIRE MITIGATION 4,808 9,000 - 13,808
072 HIGHWAY 79 RELINQUISHMENT 143,593 - ( 1 143,592)
074 CAR POOL MITIGATION 467,500 11,500 (8,576) 470,424
075 LOCAL TRANSPORTATION 18,454 225 - 18,679
076 REGIONAL TRANSPORTATION 11,949 150 - 12,099
077 PUBLIC BUILDING 3,060 45 - 3,105
079 CFD #2021-1 PUBLIC SAFETY (2,500) - - (2,500)
083 TUMF ROAD PROJECTS 38,106 9,820,314 (9,933,496) (75,076) 084 AMR COMPLIANCE FINES FUND - 35,000 (35,000) -
102 SPECIAL DISTRICT ADMIN 128,073 300,000 (255,593) 172,480 103 DIF: ADMINISTRATION 14,564 1,400 - 15,964
111 DIF: POLICE FACILITIES 143,056 26,300 - 169,356
116 DIF: FIRE FACILITIES 347,039 30,500 - 377,539
122 DIF: PARK FACILITIES 313,502 6,000 - 319,502
125 DIF: PARK LAND ACQUISITION 298,176 7,250 - 305,426
128 DIF: PARK LAND IMPROVEMENTS 724,149 12,500 - 736,649 FY 22-23 Prop Fund Bal 3

5.4.d
Packet Pg. 456 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) Fiscal Year 2022-2023 Budget
Fiscal Year 2022-2023
Projected Fund Balances
All Fund Balances
2021/2022 2022/2023
Projected Proposed Proposed Proposed Projected
Fund # Fund Description Fund Balance Revenues Expenditures Adjustments Fund Balance 131 DIF: COMMUNITY AMENITIES 118,796 35,000 (43,225) 110,571 132 DIF: ART IN PUBLIC PLACES 70,717 40,200 (25,000) 85,917 135 DIF: GOVERNMENT SERVICES FACILITIES 241,335 32,500 - 273,835 141 DIF: STREETS 1,253,922 137,500 (1,106,908) 284,514
146 DIF: BIKEWAYS 55,157 2,900 - 58,057
149 DIF: TRAFFIC SIGNALS 122,379 21,100 (4,000) 139,479 195 EQUIPMENT REPLACEMENT FUND 1,053,416 90,000 (157,207) 986,209 199 CAPITAL PROJECTS - 38, (38,713,703) 713,703 -
201 CFD 2003-2 SEWER LIFT STN - 21,240 (21,240) -
3XX LLPD #2 ZONES 9,587,746 5,076,147 (5,115,047) 9,548,846 4XX CFD MAINTENANCE ZONES 56,571 14,227 (10,150) 60,648 7XX AD 2003-1 ZONES 7,923,426 1,167,750 (42,406) 9,048,770 FUND BALANCES - GENERAL GOVERNMENT FUNDS 51, 113,463,189 217,659 (116,212,124) - 48, 468,724 179 HOUSING AUTHORITY FUND 575,925 10,000 (13,000) 572,925 FUND BALANCES - HOUSING AUTHORITY FUNDS 10,000 575,925 (13,000) - 572,925 048 SAN JACINTO POWER - CCA 453,896 17,801,350 (17,331,027) 924,219 050 WATER ENTERPRISE 9,113,973 13,189,466 (16,960,939) 5,342,500 051 WATER CAPITAL FUND 183,660 3,800 - 187,460
052 WATER RESERVE FUND - 745,000 - 745,000
053 SEWER CAPITAL IMPROVEMENTS 368,503 25,000 - 393,503 055 SEWER ENTERPRISE 3,556,795 1,828,412 (2,698,173) 2,687,034 FUND BALANCES - ENTERPRISE FUNDS 13, 33,593,028 676,827 (36,990,139) - 10, 279,716 FUND BALANCES - TOTAL CITY 65, 147,066,217 470,411 (153,215,263) - 59, 321,365 186 SA - SJ PROJECT 466,811 3,750 (36,132) 434,429
187 SA - SJ DEBT 95,518 651,953 (602,145) 145,326
189 SA - SJ LOW-MOD 45,401 550 - 45,951
FUND BALANCES - SUCCESSOR AGENCY FUNDS 656,253 607,730 (638,277) - 625,706 FY 22-23 Prop Fund Bal 4

5.4.d
Packet Pg. 457 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) Fiscal Year 2022-2023 Budget
Fiscal Year 2021-2022
Projected Fund Balances
All Fund Balances
2020/2021 2021/2022
Audited Projected Projected Projected Projected
Fund # Fund Description Fund Balance Revenues Expenditures Adjustments Fund Balance 010 GENERAL FUND
RESERVED - Advances to Other Funds (unavailable) 291,129 - 291,129 RESERVED - Advances to CFD #2003-1 (unavailable) 3,287,776 689,947 3,977,723 RESERVED - Capital Projects (1,535,485) 5,250,976 3,715,491 RESERVED - Contingency 3,921,315 64,033 3,985,348
UNRESERVED - Operations 500,000 20,628,633 (20,361,819) 389,264 Capital Projects 646,038 (802,116) 1,000,000
TOTAL GENERAL FUND & GF RESERVES 6, 21,274,671 464,735 (21,163,935) 6,394,220 12,969,691 011 DEVELOPMENT SERVICES FUND 4,165,398 6,330,978 (3,102,156) (6,394,220) 1,000,000 012 MEASURE V 1% SALES TAX 1,670,013 6,650,369 (3,105,012) - 5,215,370 GENERAL FUND AS REPORTED 12, 34,256,018 300,146 (27,371,103) - 19, 185,061 017 INFORMATION TECHNOLOGY 203 1,087,541 (840,562) - 247,182 018 WORKERS' COMP INSURANCE 881,587 209,517 (100,000) - 991,104 019 UNEMPLOYMENT INSURANCE 7,723 17,000 (18,175) - 6,548 020 LIABILITY INSURANCE 52,547 529,977 (425,500) - 157,024 021 GAS TAX 38,424 1,284,191 (1,322,615) - -
022 MEASURE "A" 1,909,018 1,423,699 (1,064,271) - 2,268,446 024 TRAFFIC SAFETY 104,999 67,518 (54,063) - 118,454
025 LLPD #1 109,679 662,526 (662,526) - 109,679
027 ROAD MAINT/REHAB 2,238,117 1,033,817 (209,814) - 3,062,120 028 PARK DEVELOPMENT 33,369 300 - - 33,669
029 CDBG - 87,547 (87,547) - -
031 VANDALISM/GRAFFITI REWARD FUND 40,553 - - - 40,553
032 PARKWAY DEVELOPMENT 21,296 250 (3,496) - 18,050
034 CFD 2003-1 POLICE/FIRE (owed to General Fund) (3,287,776) 3,102,713 (3,792,660) - (3,977,723) 038 UNDERGROUND UTILITY 1, 124,000 170,247 - - 1,294,247 039 FLOOD CONTROL 1,156,159 112,923 (208,437) - 1,060,645 041 TRAFFIC SIGNALIZATION 158,001 1,900 (4,979) - 154,922 042 AD 87-1 DEBT (owed to General Fund & RDA) (459,047) - (2,050) - ( 461,097) 045 CFD #2002-1 DEBT 3,151,625 1,489,752 (1,377,077) - 3,264,300 056 CSA 152 49,033 622,880 (622,380) - 49,533
060 ASSET FORFEITURE - STATE 114,201 1,400 - - 115,601
061 ASSET FORFEITURE - FEDERAL 35,546 425 - - 35,971
062 PROP 172 FUND 31,788 443,747 (392,309) - 83,226
063 AIR QUALITY IMPROVEMENT 198,936 66,473 (62,351) - 203,058 064 COPS 20 162,235 (142,163) - 20,092
067 FIRE MITIGATION 666,808 8,000 (670,000) - 4,808
072 HIGHWAY 79 RELINQUISHMENT 173,085 - (29,492) - 143,593 074 CAR POOL MITIGATION 470,867 9,000 (12,367) - 467,500 075 LOCAL TRANSPORTATION 18,254 200 - - 18,454
076 REGIONAL TRANSPORTATION 11,824 125 - - 11,949
077 PUBLIC BUILDING 3,025 35 - - 3,060
079 CFD #2021-1 PUBLIC SAFETY (2,500) - - - (2,500)
083 TUMF ROAD PROJECTS (8,926) 330,000 (282,968) - 38,106 084 AMR COMPLIANCE FINES FUND 37,209 35,000 (72,209) - - 102 SPECIAL DISTRICT ADMIN 83,878 303,980 (259,785) - 128,073 103 DIF: ADMINISTRATION 13,078 1,486 - - 14,564
111 DIF: POLICE FACILITIES 114,544 28,512 - - 143,056
116 DIF: FIRE FACILITIES 444,072 32,967 (130,000) - 347,039 122 DIF: PARK FACILITIES 307,882 5,620 - - 313,502
125 DIF: PARK LAND ACQUISITION 291,104 7,072 - - 298,176 128 DIF: PARK LAND IMPROVEMENTS 712,005 12,144 - - 724,149 FY 21-22 Proj Fund Bal 1

5.4.d
Packet Pg. 458 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) Fiscal Year 2022-2023 Budget
Fiscal Year 2021-2022
Projected Fund Balances
All Fund Balances
2020/2021 2021/2022
Audited Projected Projected Projected Projected
Fund # Fund Description Fund Balance Revenues Expenditures Adjustments Fund Balance 131 DIF: COMMUNITY AMENITIES 247,476 37,008 (165,688) - 118,796 132 DIF: ART IN PUBLIC PLACES 21,327 54,390 (5,000) - 70,717 135 DIF: GOVERNMENT SERVICES FACILITIES 203,598 37,737 - - 241,335 141 DIF: STREETS 1,131,867 143,551 (21,496) - 1,253,922 146 DIF: BIKEWAYS 52,029 3,128 - - 55,157
149 DIF: TRAFFIC SIGNALS 98,912 23,467 - - 122,379
195 EQUIPMENT REPLACEMENT FUND 1,120,623 90,000 (157,207) - 1,053,416 199 CAPITAL PROJECTS - 2,908,056 (2,908,056) - -
201 CFD 2003-2 SEWER LIFT STN 200 21,539 (21,739) - -
3XX LLPD #2 ZONES 8,228,819 4,706,833 (3,347,906) - 9,587,746 4XX CFD MAINTENANCE ZONES 52,810 13,911 (10,150) - 56,571 7XX AD 2003-1 ZONES 6,823,901 1,141,809 (42,284) - 7,923,426 FUND BALANCES - GENERAL GOVERNMENT FUNDS 41, 56,743,919 374,165 (46,900,425) - 51, 217,659 179 HOUSING AUTHORITY FUND 571,425 10,000 (5,500) - 575,925 FUND BALANCES - HOUSING AUTHORITY FUNDS 10,000 571,425 (5,500) - 575,925 048 SAN JACINTO POWER - CCA 1,316,051 15,968,822 (16,830,977) - 453,896 050 WATER ENTERPRISE 8,171,951 6,348,495 (5,406,473) - 9,113,973 051 WATER CAPITAL FUND 178,560 5,100 - - 183,660
052 WATER RESERVE FUND - - - - -
053 SEWER CAPITAL IMPROVEMENTS 341,070 27,433 - - 368,503 055 SEWER ENTERPRISE 3,856,183 1,274,011 (1,573,399) - 3,556,795 FUND BALANCES - ENTERPRISE FUNDS 13, 23,623,861 863,815 (23,810,849) - 13, 676,827 FUND BALANCES - TOTAL CITY 55, 80,377,780 809,405 (70,716,774) - 65, 470,411 186 SA - SJ PROJECT 485,616 3,500 (22,305) - 466,811
187 SA - SJ DEBT 42,793 2,005,869 (1,953,144) - 95,518
189 SA - SJ LOW-MOD 44,901 500 - - 45,401
FUND BALANCES - SUCCESSOR AGENCY FUNDS 2,009,869 573,310 (1,975,449) - 607,730 FY 21-22 Proj Fund Bal 2

5.4.d
Packet Pg. 459 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) Audited
- Actual
Audited
- Actual
Audited
- Actual
Audited
- Actual Budget Actual
7 Months
Projected
Expenditures
Proposed
Budget
Fund FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 7/1/21-1/31/22 FY 2021-22 FY 2022-23 GENERAL FUND 16,968,198 21,159,448 19,856,4 10 99 20,115,437 38,582,099 9,471,735 21,163,935 30,363,640 DEVELOPMENT SERVICES 1,533,097 1,559,036 11 1,629,830 2,207,542 2,370,447 978,210 3,102,156 2,941,025 MEASURE V - - 12 - - - 8,534 3,105,012 4,664,618
INFORMATION TECHNOLOGY 455,437 578,819 17 702,840 638,345 1,087,541 529,574 840,562 1,738,011 WORKERS' COMP INSURANCE 159,324 34,7 18 22 62,792 73,519 418,283 - 100,000 232,900 UNEMPLOYMENT INSURANCE 5,850 12, 19 199 21,671 8,911 15,000 3,625 18,175 15,000 LIABILITY INSURANCE 243,533 199,478 20 305,990 390,150 549,977 145,356 425,500 693,220 GAS TAX 1,045,873 1,366,861 1,372,390 21 1,604,652 1,194,665 - 1,322,615 1,422,695 MEASURE A 241,311 1,697,714 852 22 ,769 2,745,492 2,963,953 (657) 1,064,271 2,722,915 TRAFFIC SAFETY 318,662 91,644 24 63,805 56,598 123,394 27,970 54,063 171,587 LLPD 1 748,657 655,093 654,4 25 51 551,943 879,342 630,126 662,526 682,639 ROAD MAINT/REHAB 16,075 518,000 27 131,716 102,951 873,239 - 209,814 909,138 CDBG 920 159,545 527, 29 303 101,898 554,800 - 87,547 477,587 VANDALISM/GRAFFITI REWARD - 31 - - - 1,000 - - 1,000
PARKWAY DEVELOPMENT 7,187 32 - 22,425 - 3,496 - 3,496 - CFD 2003-1 POLICE/FIRE 2,602,495 3,118,810 34 3,298,091 3,262,364 3,388,206 1,658,893 3,792,660 4,231,367 FLOOD CONTROL 271,395 225,391 39 48,081 499,114 6,750,778 - 208,437 6,596,347 TRAFFIC SIGNALIZATION 8,457 10,8 41 33 30,000 - 4,979 - 4,979 - AD 87-1 DEBT 2,050 2,150 42 2,150 2,050 2,050 - 2,050 2,050 CFD 2002-01 DEBT 1,292,329 1,314,887 45 1,338,786 1,363,276 1,377,768 1,028,700 1,377,077 1,411,818 CFD 2 DEBT 910 21,477 46 119,632 - - - - -
SAN JACINTO POWER - CCA 1,721,304 10,278,200 48 10,433,685 12,684,590 12,565,417 10,766,021 16,830,977 17,331,027 WATER ENTERPRISE 4,589,450 4,146,311 50 5,917,640 4,019,468 16,077,499 1,647,355 5,406,473 16,960,939 SEWER ENTERPRISE 978,258 990,729 55 1,230,939 1,274,461 2,583,047 420,141 1,573,399 2,698,173 CSA 152 675,625 702,549 640, 56 379 701,685 661,488 83,798 622,380 683,976 BUS SHELTERS 740 - 57 - - - - - -
SOLID WASTE 1,380 1,952 59 2,496 1,965 - - - -
ASSET FORFEITURE (STATE) 301 60 1,124 - 2,526 - - - 671 ASSET FORFEITURE (FEDERAL) - 61 30,901 30,900 - - - - - PROP 172 FUND 261,061 301,744 62 309,846 320,576 305,000 - 392,309 390,000 AIR QUALITY IMPROVEMENT 164,249 9, 63 043 80,536 6,994 62,351 - 62,351 62,739 COPS 131,762 101,027 216,288 64 157,827 150,750 57,500 142,163 182,038 FIRE MITIGATION - 67 - - - 670,000 - 670,000 -
SB 621 GAMING IMPACT 3,148 15,26 68 1 603 53,189 - - - - STATE GRANTS 188,543 - 71 - - - - - -
HIGHWAY 79 RELINQUISHMENT - 72 34,823 43,528 68,070 206,478 - 29,492 143,592 CAR POOL MITIGATION - 74 - 90,583 51,935 12,287 - 12,367 8,576 REGIONAL TRANSPORTATION 149 76 - - - - - - -
CFD 2021-1 PUBLIC SAFETY - 79 - - 2,500 - - - -
TUMF ROAD PROJECTS 85,367 248,007 83 505,401 63,499 10,150,314 - 282,968 9,933,496 AMR COMPLIANCE FINES 38,677 37,892 84 - 35,809 35,000 - 72,209 35,000 SPECIAL DISTRICT ADMIN 351,986 412,992 102 356,170 403,776 250,221 111,296 259,785 255,593 DIF: FIRE FACILITIES - 116 - - - 130,000 - 130,000 -
DIF: PARK LAND ACQUISITION 390 125 - - - - - - -
DIF: COMMUNITY AMENITIES 95,091 50,6 131 34 247,243 215,086 38,351 5,205 165,688 43,225 DIF: ART IN PUBLIC PLACES - 132 - - 1,739 30,000 1,798 5,000 25,000 DIF: STREETS 95,304 40,427 141 136,810 228,404 835,129 - 21,496 1,106,908 DIF: BIKEWAYS 4,169 9,281 146 798 1,592 - - - -
DIF: TRAFFIC SIGNALS 5,799 1,145 149 - - - - - 4,000
HOUSING AGENCY FUND 1,594 4,396 179 2,452 6,280 13,000 - 5,500 13,000 SA SJ PROJECT 94,437 61,085 186 16,901 20,952 58,563 14,576 22,305 36,132 SA SJ DEBT 581,341 580,623 580 187 ,711 1,920,079 1,955,044 1,821,533 1,953,144 602,145 SA SJ LM - - 189 - - 41,405 - - -
EQUIPMENT REPLACEMENT 166,905 480,728 195 113,117 45,722 157,207 - 157,207 157,207 CAPITAL PROJECTS 1,677,743 4,561,250 4, 199 565,512 5,084,932 38,439,079 1,378,382 2,908,056 38,713,703 CFD 2003-2 SEWER LIFT STN 19,743 20, 201 283 19,974 21,270 21,772 3,906 21,739 21,240 LLPD 2 ZONES 3,417,575 3,476,751 3,801, 300 734 - - - 3,347,906 5,115,047 CFD 20XX-X ZONES - 400 - 1,802 6,512 6,622 6,973 10,150 10,150 AD 2003-1 STREETS ZONES 36,282 46,62 700 3 1,282,901 42,284 42,406 - 42,284 42,406 Total 41,310,133 59,371,888 61,670,170 61,167,964 146,639,447 30,800,550 72,692,223 153,853,540 City of San Jacinto FY 2022-23 Expenditure Budget
Summary by Fund

5.4.d
Packet Pg. 460 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) Full-time
Department Equivalents
Full-time
City Manager/Administration 13.00
Finance 8.00
Community Development 16.00
Public Works 33.00
Subtotal Full-time 70.00
Part-time
City Manager/Administration 2.30
Subtotal Part-time 2.30
Elected/Appointed 11.00
Grand Total 83.30
Schedule Effective 07/01/22

CITY OF SAN JACINTO
Authorized Staffing Plan Summary
Fiscal Year 2022/2023

5.4.d
Packet Pg. 461 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget)

CITY OF SAN JACINTO
Authorized Staffing Plan
Fiscal Year 2022/2023
Position FTE's Salary Range (Monthly) Department
Full-time
Account Clerk II 2.00 G 6 $3,857 - $5,168 Finance
Account Clerk III 2.00 G 9 $4,465 - $5,983 Finance
Accountant I 1.00 M 14 $5,698 - $7,636 Finance
Administrative Analyst 1.00 M 13 $5,427 - $7,272 Public Works Administrative Clerk I 1.00 G 1 $3,022 - $4,050 Community Development Administrative Clerk II 1.00 G 4 $3,498 - $4,688 Community Development Assistant Planner 1.00 G 13 $5,427 - $7,272 Community Development Assistant to the City Manager 1.00 M 23 $8,840 - $11,846 City Manager Associate Planner 1.00 G 17 $6,596 - $8,840 Community Development Building Inspector I 1.00 G 11 $4,922 - $6,596 Community Development Chief Innovation Officer 1.00 M 28 $11,282 - $15,119 City Manager Chief of Public Utilities 1.00 M 26 $10,233 - $13,713 Public Works City Clerk 1.00 M 23 $8,840 - $11,846 City Manager
City Manager 1.00 M CM $20,060 City Manager
Code Enforcement Officer I 3.00 G 11 $4,922 - $6,596 Community Development Code Enforcement Officer II 1.00 G 13 $5,427 - $7,272 Community Development Code Enforcement Supervisor 1.00 M 15 $5,983 - $8,018 Community Development Community Development Assistant 1.00 M 11 $4,922 - $6,596 Community Development Community Development Clerk 1.00 M 11 $4,922 - $6,596 Community Development Community Development Manager 1.00 M 23 $8,840 - $11,846 Community Development Deputy City Clerk 1.00 M 11 $4,922 - $6,596 City Manager Deputy City Manager 2.00 M 32 $13,713 - $18,377 City Manager Economic Development & Special Projects Administrator 1.00 M 20 $7,636 - $10,233 City Manager Finance Analyst 1.00 M 16 $6,282 - $8,419 Finance
Finance Director 1.00 M 28 $11,282 - $15,119 Finance
GIS Coordinator 1.00 G 13 $5,427 - $7,272 City Manager
Human Resources Director 1.00 M 28 $11,282 - $15,119 City Manager Information Services Analyst 1.00 M 14 $5,698 - $7,636 City Manager Landscape/Irrigation Inspector 3.00 G 9 $4,465 - $5,983 Public Works Lead Worker - Parks 1.00 G 12 $5,168 - $6,926 Public Works Lead Worker - Storm Water 1.00 G 11 $4,922 - $6,596 Public Works Lead Worker - Streets 1.00 G 11 $4,922 - $6,596 Public Works Lead Worker - Waste Water 1.00 G 12 $5,168 - $6,926 Public Works Lead Worker - Water 1.00 G 13 $5,427 - $7,272 Public Works Maintenance Worker I - Graffiti 1.00 G 4 $3,498 - $4,688 Public Works Maintenance Worker I - Storm Drains 2.00 G 4 $3,498 - $4,688 Public Works Maintenance Worker I - Streets 5.00 G 4 $3,498 - $4,688 Public Works Maintenance Worker lI - Storm Drains 1.00 G 6 $3,857 - $5,168 Public Works Maintenance Worker II - Streets 3.00 G 6 $3,857 - $5,168 Public Works Management Analyst 1.00 M 17 $6,596 - $8,840 Public Works Planning Manager 1.00 M 23 $8,840 - $11,846 Community Development Public Utilities Superintendent 1.00 M 22 $8,419 - $11,282 Public Works Records Clerk 1.00 G 3 $3,332 - $4,465 City Manager
Senior Accountant 1.00 M 18 $6,926 - $9,282 Finance
Senior Building Inspector 1.00 M 15 $5,983 - $8,018 Community Development Senior Human Resources Technician 1.00 M 9 $4,465 - $5,983 City Manager Senior Planner 1.00 M 20 $7,636 - $10,233 Community Development Water Collection System Operator I 1.00 G 8 $4,252 - $5,698 Public Works Water Collection System Operator II 2.00 G 10 $4,688 - $6,282 Public Works Water Distribution Operator II 3.00 G 10 $4,688 - $6,282 Public Works Water Production Operator I 1.00 G 11 $4,922 - $6,596 Public Works Water Production Operator II 1.00 G 13 $5,427 - $7,272 Public Works Water Utilities Superintendent 1.00 M 22 $8,419 - $11,282 Public Works Subtotal Full-time 70.00
Part-time
Administrative Clerk Trainee 0.40 $15.00 / Hour City Manager Human Resources Intern 0.70 $15.00 / Hour City Manager
Office Assistant 0.70 $15.00 / Hour City Manager
Special Projects Director 0.50 $72.50/Hour City Manager Subtotal Part-time 2.30
Total Authorized FTE's 72.30
Elected/Appointed
City Council 5.00 $375 / Month RANGE CODES
City Treasurer 1.00 $100 / Month M - Management
Planning Commission 5.00 $175 / Month G - General
Subtotal Elected/Appointed 11.00 CM - City Manager Contract Grand Total 83.30
Schedule is presented at salary ranges in effect at 07/01/21 - does not reflect current labor contract negotiations.

5.4.d
Packet Pg. 462 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) FY 20/21 FY 21/22 FY 22/23 Net
Authorized Authorized Authorized Change
Full-time FTEs FTEs FTEs Over PY
Account Clerk II - Utilities 2.00 2.00 2.00 -
Account Clerk III - AP/BL/PR 2.00 2.00 2.00 -
Accountant I 1.00 1.00 1.00 -
Administrative Analyst 1.00 1.00 1.00 -
Administrative Clerk I 1.00 1.00 1.00 -
Administrative Clerk II 1.00 1.00 1.00 -
Assistant Planner - - 1.00 1.00
Assistant to the City Manager 1.00 1.00 1.00 -
Associate Planner 1.00 1.00 1.00 -
Building Inspector I 1.00 1.00 1.00 -
Chief Innovation Officer - - 1.00 1.00
Chief of Public Utilities 1.00 1.00 1.00 -
City Clerk 1.00 1.00 1.00 -
City Manager 1.00 1.00 1.00 -
Code Enforcement Officer 1 4.00 3.00 3.00 -
Code Enforcement Officer 2 - 1.00 1.00 -
Code Enforcement Supervisor 1.00 1.00 1.00 -
Community Development Assistant 1.00 1.00 1.00 -
Community Development Clerk 1.00 1.00 1.00 -
Community Development Manager 1.00 1.00 1.00 -
Deputy City Clerk 1.00 1.00 1.00 -
Deputy City Manager 1.00 1.00 2.00 1.00
Economic Development & Projects Administrator 1.00 1.00 1.00 - Finance Analyst 1.00 1.00 1.00 -
Finance Director 1.00 1.00 1.00 -
GIS Coordinator 1.00 1.00 1.00 -
Human Resources Director - 1.00 1.00 -
Human Resources Manager - 1.00 - -
Information Services Analyst - 1.00 1.00 -
Information Services Technician I 1.00 - - -
Landscape/Irrigation Inspectors 2.00 3.00 3.00 -
Lead Worker - Parks 1.00 1.00 1.00 -
Lead Worker - Storm Drains 1.00 1.00 1.00 -
Lead Worker - Streets 1.00 1.00 1.00 -
Lead Worker - Waste Water 1.00 1.00 1.00 -
Lead Worker - Water 1.00 1.00 1.00 -
Maintenance Worker I - Graffiti 1.00 1.00 1.00 -
Maintenance Worker I - Storm Drains 1.00 1.00 2.00 1.00 Maintenance Worker I - Streets 2.00 2.00 5.00 3.00
Maintenance Worker II - Storm Drains 1.00 1.00 1.00 -
Maintenance Worker II - Streets 1.00 1.00 3.00 2.00
Management Analyst 1.00 1.00 1.00 -
Manager of Information Services 1.00 1.00 - (1.00)
Planning and Community Development Director 1.00 1.00 - (1.00) Planning Manager 1.00 1.00 1.00 -
Public Works Supervisor 1.00 - - -
Public Works Superintendent - 1.00 1.00 -
Records Clerk - - 1.00 1.00
Senior Accountant 1.00 1.00 1.00 -
Senior Building Inspector 1.00 1.00 1.00 -
Senior Human Resources Technician 1.00 1.00 1.00 -
Senior Planner - - 1.00 1.00
Water Collection System Operator I 1.00 1.00 1.00 -
Water Collection System Operator II 2.00 2.00 2.00 -
Water Distribution Operator I 1.00 1.00 - (1.00)
Water Distribution Operator II 2.00 2.00 3.00 1.00
Water Production Operator I 1.00 2.00 1.00 (1.00)
Water Production Operator II 1.00 - 1.00 1.00
Water Utilities Superintendent - 1.00 1.00 -
Water Utilities Supervisor 1.00 - - -
Subtotal Full-time 61.00 60.00 70.00 9.00
Part-time
Administrative Clerk Trainee - Museum 0.40 0.40 0.40 -
Human Resources Intern - - 0.70 0.70
Office Assistant - - 0.70 0.70
Special Projects Director 0.50 0.50 0.50 -
Subtotal Part-time 0.90 0.90 2.30 1.40
Elected/Appointed
Elected Officials 6.00 6.00 6.00 -
Appointed Officials 5.00 5.00 5.00 -
Subtotal Elected/Appointed 11.00 11.00 11.00 -
Grand Total 71.90 72.90 83.30 10.40
Schedule Effective 07/01/22
City of San Jacinto
Fiscal Year 2022/2023
Position Control Roster

5.4.d
Packet Pg. 463 Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) CITY OF SAN JACINTO
FY 2022/2023 PROPOSED CIP BUDGET
Carry-Over + Gen Fund Meas "A" Traffic Safety RMRA CDBG Flood Control Water Sewer Hwy 79 TUMF DIF: Streets DIF: Signals LLPD Zone 46 Total Project # Project Description Additions Fund 010 Fund 022 Fund 024 Fund 027 Fund 029 Fund 039 Fund 050 Fund 055 Fund 072 Fund 083 Fund 141 Fund 149 Fund 346 Budget Difference Projects
06-145 Esplanade TUMF Project 4,335,965.13 - 200,000.00 - - - - - - - 4,135,965.13 - - - 4,335,965.13 - 12-008 Mountain Avenue Pavement Rehab 631,288.98 223,428.00 269,500.00 - 138,360.98 - - - - - - - - - 631,288.98 - 15-003 Line E-2 Drainage 5,282,693.75 - - - - - 4,714,693.75 - - - - 568,000.00 - - 5,282,693.75 - 17-002 Cottonwood Sidewalk & Widening 50,000.00 50,000.00 - - - - - - - - - - - - 50,000.00 - 18-002 Slurry Seal - City Wide 1,381,277.71 - 1,381,277.71 - - - - - - - - - - - 1,381,277.71 - 19-001 Shaver/San Jacinto Traffic Signal 614,872.44 467,280.00 - - - - - - - 143,592.44 - - 4,000.00 - 614,872.44 - 19-002 Main Street & Downtown Revitalization 1,083,390.21 1,083,390.21 - - - - - - - - - - - - 1,083,390.21 - 20-002 City Wide Signal Upgrades (Phase 1 & 2) 491,064.69 - - - - - - - - - - 491,064.69 - - 491,064.69 - 20-004 New Water Well Site 2,494,595.45 - - - - - - 2,494,595.45 - - - - - - 2,494,595.45 - 20-005 Grand Well Abandonment 8,902.50 - - - - - - 8,902.50 - - - - - - 8,902.50 - 21-001 Ram Exp Rehab - Warren to .55 miles west 217,985.96 - 11,410.99 - 206,574.97 - - - - - - - - - 217,985.96 - 21-002 State Street Wide & Rehab - Quandt to GSR 1,137,181.25 - 39,042.50 - - - - - - - 1,098,138.75 - - - 1,137,181.25 - 21-004 Cawston Ave Ext - Cottonwood to Ram Exp 100,000.00 - 100,000.00 - - - - - - - - - - - 100,000.00 - 21-005 San Jacinto Ave Safety Imp - Midway to Menlo 440,100.00 669,215.00 229,115.00 - - - - - - - - - - - 669,215.00 - 21-006 San Jacinto Street/Pavement/Sidewalk Improv - 892,621.92 - - 415,035.00 477,586.92 - - - - - - - - 892,621.92 -22-001 Line G-3 Drainage 1,780,000.00 - - - - - 1,780,000.00 - - - - - - - 1,780,000.00 - 22-002 Lyon Ave Pedestrian Improvements 633,500.00 314,500.00 319,000.00 - - - - - - - - - - - 633,500.00 - 22-003 Parkside Minor Drainage Improvements 155,000.00 - - - - - - - - - - - - 155,000.00 155,000.00 - 22-004 Warren Rd Pavement Rehab/Widening (Phase - 4,774,392.50 75,000.00 - - - - - - - 4,699,392.50 - - - 4,774,392.50 - 22-005 Bath Well Treatment Plant 2,500,000.00 - - - - - - 2,500,000.00 - - - - - - 2,500,000.00 - 22-006 Smart Water Meters 2,250,000.00 - - - - - - 2,250,000.00 - - - - - - 2,250,000.00 - 22-007 Public Utility Yard Improvements 250,000.00 250,000.00 - - - - - - - - - - - - 250,000.00 - 22-008 SJPD Facility Improvements 100,000.00 100,000.00 - - - - - - - - - - - - 100,000.00 - 22-009 Fitness Court (Mistletoe Park) 111,499.15 111,499.15 - - - - - - - - - - - - 111,499.15 - 22-010 Grand Well Treatment 2,500,000.00 - - - - - - 2,500,000.00 - - - - - - 2,500,000.00 - 22-011 SCADA Replacement 400,000.00 - - - - - - 400,000.00 - - - - - - 400,000.00 - 22-012 Sanderson Culverts 500,000.00 500,000.00 - - - - - - - - - - - - 500,000.00 - 22-013 Civic Ctr/Main St/Broadband 150,000.00 150,000.00 - - - - - - - - - - - - 150,000.00 - 22-016 Splashpad at Sallee Park 700,000.00 700,000.00 - - - - - - - - - - - - 700,000.00 - Ongoing Activities
CP-001 Speed Humps 55,199.57 - - 55,199.57 - - - - - - - - - - 55,199.57 - CP-002 Traffic Control Devices/Studies 37,141.09 571.95 36,569.14 - - - - - - - - - - - 37,141.09 - CP-003 Sewer Master Plan Improvements 919,165.62 - - - - - - - 919,165.62 - - - - - 919,165.62 - CP-004 Pavement Management System 94,345.97 - - - 94,345.97 - - - - - - - - - 94,345.97 - CP-005 ADA Transition Plan 54,821.25 - - - 54,821.25 - - - - - - - - - 54,821.25 - Programs
18-006 San Jacinto General Plan Update 307,025.72 307,025.72 - - - - - - - - - - - - 307,025.72 - 18-007 Economic Development Incentives 523,282.85 523,282.85 - - - - - - - - - - - - 523,282.85 - 22-017 Small Business Grants 97,500.00 97,500.00 - - - - - - - - - - - - 97,500.00 - 22-018 Early Childhood Dev Site Grants 29,774.00 29,774.00 - - - - - - - - - - - - 29,774.00 - 22-019 Local Business Dev Incentives 150,000.00 150,000.00 - - - - - - - - - - - - 150,000.00 - Sub-Total Existing CIP 5,498,351.88 38,463,702.71 2,660,915.34 55,199.57 909,138.17 477,586.92 6,494,693.75 10,153,497.95 919,165.62 143,592.44 9,933,496.38 1,059,064.69 4,000.00 155,000.00 38,463,702.71 - PROPOSED CIP:

Projects
23-001 Barn Restoration 250,000.00 250,000.00 - - - - - - - - - - - - 250,000.00 - Sub-Total NEW CIP 250,000.00 250,000.00 - - - - - - - - - - - - 250,000.00 - Total CIP 5,748,351.88 38,713,702.71 2,660,915.34 55,199.57 909,138.17 477,586.92 6,494,693.75 10,153,497.95 919,165.62 143,592.44 9,933,496.38 1,059,064.69 4,000.00 155,000.00 38,713,702.71 -

5.4.d
Packet Pg. 464
Attachment: Council Budget package 22-23 (Adoption of Fiscal Year 2022-2023 Budget) June 21, 2022
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Adoption of Successor Agency’s Fiscal Year 2022-2023 Budget RECOMMENDATION:

Staff recommends that the Successor Agency Board adopt Resolution No. SA 22-03, adopting the Fiscal Year 2022-2023 Operating and Capital Budget for the Successor Agency to the Redevelopment Agency of the City of San Jacinto (SA).

BACKGROUND:

The Executive Director and staff have prepared a proposed budget for the winding down of activities of the dissolved Redevelopment Agency for the SA Board’s discussion, deliberation and ultimate adoption. The budget is adopted by resolution, which provides for appropriations to operate the SA for the ensuing fiscal year.

A detailed summary of the budget is presented to Agency Board here in the form of the Proposed Budget. This document summarizes the recommended expenditures in all budget funds and programs as well as any recommended service level enhancements and reserves levels.

DISCUSSION:

Proposed revenues are $656,253 with recommended expenditures of $638,277. The expenditures include all capital project expenditures, even though all projects may not be completed within the next fiscal year.

The proposed total budget is categorized as:

Operations $ 63,549
Capital Projects 0
Debt Service 574,728
Total Budget $ 638,277
Operations and Projects
The SA funds staffing as professional services that provide support to the agency. In addition, there is an anticipated $0 of carryover capital projects.

Debt Service
The SA funds the annual debt service for the 2005 San Jacinto RDA $9.4 million tax allocation bonds. In addition, the SA is making additional pass-through payments to San Jacinto Unified School District in accordance to an approved agreement placed on the Recognized Obligation Payment Schedule.

5.5 Packet Pg. 465
FISCAL IMPACT:

The fiscal impact is that of proposed expenditures of $638,277, and proposed revenues of $656,253.

ATTACHMENTS:
06-21-22 Resolution - SA Budget Adopt
Exhibit A - Successor Agency Budgeted Fund Balances

5.5 Packet Pg. 466
STATE OF CALIFORNIA ) RESOLUTION NO. SA 22-03
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SAN

JACINTO, CALIFORNIA, ADOPTING THE BUDGET FOR
FISCAL YEAR 2022-2023
WHEREAS, the Successor Agency to the Redevelopment Agency of the City of San Jacinto wishes to adopt a budget for the subsequent fiscal year for estimated revenues and estimated expenditures; and
WHEREAS, Staff has presented an operating and capital budget containing the Funds necessary to meet the needs of winding down the activities of the Redevelopment Agency of the City of San Jacinto; and
WHEREAS, the Board has thoroughly examined and analyzed the proposed budget in order to meet the needs of winding down the activities of the Redevelopment Agency of the City of San Jacinto; and
WHEREAS, the Successor Agency to the Redevelopment Agency of the City of San Jacinto operates on a fiscal year beginning July 1st of each year; NOW, THEREFORE, BE IT RESOLVED by the Board of the Successor Agency to the Redevelopment Agency of the City of San Jacinto (SA) as follows:

Section 1. The budget for Fiscal Year 2022-2023, a copy of which is on file in the City Clerk’s office, is hereby adopted with projected beginning (combined) SA fund balances of $607,730, total expenditures of $638,277, including total capital expenditures of $0, to be funded by revenues of $656,253. (Reference “Exhibit A”)
Section 2. City Manager is hereby authorized to make budget adjustments to the adopted budget to reallocate
appropriations between departmental activities and between SA Funds. Only the Agency Board, by motion and affirmative majority vote, by minute action or resolution, may increase or decrease total SA revenues and total expenditures in the FY 2022-2023 Adopted SA Budget.

Section 3. All funds are authorized as presented in the budget document.

Section 4. General Fund administrative overhead consisting of City Council, City Manager, City Clerk, City Attorney, Human Resources, Finance, and Non-departmental services is not to be allocated to SA funds.

5.5.a
Packet Pg. 467 Attachment: 06-21-22 Resolution - SA Budget Adopt (Adoption of Successor Agency’s Fiscal Year 2022-2023 Budget) Section 5. Internal Service Funds for information technology, general liability, worker’s compensation, and unemployment
insurance are not to be allocated to SA funds.

Section 6. Continuing appropriations are authorized for all unexpended and unencumbered Capital Project funds from all previous fiscal years as presented in the Construction in Progress (CIP) Schedule of the budget. The estimated carryover of
unexpended, unencumbered SA projects is estimated for
June 30, 2022, at $0.

APPROVED, SIGNED, AND ADOPTED this 21st day of June 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SUCCESSOR AGENCY TO THE

REDEVELOPMENT

AGENCY OF THE CITY OF SAN JACINTO
By: _____________________________
Crystal Ruiz, Chairperson
ATTEST:
___________________________________
Julia Espinoza, Agency Secretary
APPROVED AS TO FORM:
___________________________________
City Attorney, City of San Jacinto
Best, Best & Krieger, LLP.

5.5.a
Packet Pg. 468 Attachment: 06-21-22 Resolution - SA Budget Adopt (Adoption of Successor Agency’s Fiscal Year 2022-2023 Budget)

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. SA 22-03 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 21st day of June 2022.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 21st day of June 2022. _____________________________________
Julia Espinoza, City Clerk
City of San Jacinto

5.5.a
Packet Pg. 469 Attachment: 06-21-22 Resolution - SA Budget Adopt (Adoption of Successor Agency’s Fiscal Year 2022-2023 Budget) Fiscal Year 2022-2023 Budget

EXHIBIT A
Fiscal Year 2022-2023
Projected Fund Balances - Successor Agency
2021/2022 2022/2023
Projected Proposed Proposed Proposed
Fund # Fund Description Fund Balance Revenues Expenditures Fund Balance 186 SA - SJ PROJECT 466,811 3,750 (36,132) 434,429
187 SA - SJ DEBT 95,518 ( 651,953 145,326 602,145)
189 SA - SJ LOW-MOD 45,401 550 - 45,951
FUND BALANCES 607,730 ( 656,253 625,706 638,277)

5.5.b
Packet Pg. 470 Attachment: Exhibit A - Successor Agency Budgeted Fund Balances (Adoption of Successor Agency’s Fiscal Year 2022-2023 Budget)