Agenda packet — San Jacinto City Council, July 2, 2024

AGENDA

CITY COUNCIL - REGULAR MEETING
TUESDAY, JULY 2, 2024
6:30 PM OPEN SESSION
LIVE STREAM LINK: HTTPS://VIMEO.COM/USER115670369

COMMUNITY CENTER
625 S. PICO AVENUE
SAN JACINTO, CA 92583
951-487-7330
City of San Jacinto Page 1 Updated 6/27/2024 4:13 PM

PHIL AYALA, MAYOR

VALERIE VANDEVER, MAYOR PRO TEM

ALONSO LEDEZMA, COUNCILMEMBER

CRYSTAL RUIZ, COUNCILMEMBER

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

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

For those wishing to email public comments for the July 2, 2024, City Council meeting, please submit your comments to be read aloud at the meeting by the City Clerk. Email comments to [email protected]. Please put “PUBLIC COMMENT” in the email subject line.

Email comments on matters not on the agenda must be received before the time the Mayor calls the item for Public Comments. Email comments on the agenda items must be received before the time the Mayor closes public comments on the agenda item. All email comments shall be subject to the same rules as would otherwise govern speaker comments at the Council meeting.

Electronic comments on agenda items for July 2, 2024, may only be submitted via email.

Comments via text and social media (Facebook, Twitter, etc.) will not be accepted.

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

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk at 951-487-7330 ext. 339. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II].

City of San Jacinto Page 2 Updated 6/27/2024 4:13 PM

1. ORGANIZATION

1.1. Roll Call

1.2. Invocation

1.3. Pledge of Allegiance

1.4. Mayor/Council Member Reports

1.5. Late Items

2. PUBLIC COMMENTS

3. CONSENT CALENDAR

3.A. Consent Calendar - City Council

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

3.A.2. Minutes of the Regular City Council Meeting of June 18, 2024.

RECOMMENDATION:

Staff recommends that the City Council approve the City Council Regular Meeting Minutes of June 18, 2024.

Department: City Clerk

3.A.3. Budget Amendment – LLPD #1
RECOMMENDATION:

Staff recommends that the City Council approve the budget amendment for the Fiscal Year 2024-2025.

Department: Finance

3.A.4. Report of City-Wide User Fee Increase
RECOMMENDATION:

Staff recommends that the City Council receive and file the report of CityWide User Fee increases.

Department: Finance

3.A.5. Amendment No. 1 to SB1 – Resolution No. 4025 Adopting Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account (RMRA) Projects RECOMMENDATION:

Staff recommends that the City Council adopt Amendment No. 1 to SB1 - Resolution No. 4025, approving the list of projects using SB-1 Road Maintenance and Rehabilitation Account (RMRA) funding for Fiscal Year 2024/25.

Department: Engineering
City of San Jacinto Page 3 Updated 6/27/2024 4:13 PM

3.A.6. Sole Source Equipping of New Grand Well Potable Water Treatment Plant RECOMMENDATION:

Staff recommends that the City Council:

1. Determine that engaging in a competitive procurement process for this project would not result in a competitive advantage to the City, pursuant to Public Contract Code section 3400(c)(2) and San Jacinto Municipal Code §3.08.070(C)(1), as Pureflow Filtration is the only source that provides the needed equipment for the New Grand Well treatment plant as the equipment is necessary to ensure compatibility with other equipment in use on another particular public improvement. Further, a competitive procurement process for the same product was previously conducted pursuant to Municipal Code §3.08.070(C)(2), and therefore, engaging in the competitive procurement process on this project would not result in a competitive advantage to the City.

2. Determine that the project was previously analyzed under the California Environmental Quality Act (CEQA) and that the City Council adopted a Notice of Exemption on August 17, 2021. Since then, there have been no substantial changes in the project, its environment, or the surrounding neighborhood that would necessitate additional review under CEQA. The previously adopted Notice of Exemption remains valid and applicable, ensuring compliance with all relevant regulatory requirements.

3. Award the contract to Pureflow Filtration for the sum of $1,685,850.

4. Authorize the City Manager to execute the contract.

5. Authorize a 5% contingency in the amount of $84,293.

Department: Water

3.A.7. City Manager Employment Agreement
RECOMMENDATION:

Staff recommends that the City Council authorize a new four-year contract with the City Manager Robert Johnson to provide City Manager services for the City, effective July 1, 2024.

Department: City Attorney

4. PUBLIC HEARING

4.1. Ordinance No. 24-12 Granting a Franchise to Southern California Edison ("SCE") RECOMMENDATION:

Staff recommends that the City Council:

1. Hold the Public Hearing related to granting a franchise to SCE; and City of San Jacinto Page 4 Updated 6/27/2024 4:13 PM

2. Introduce Ordinance No. 24-12 for a first reading granting a franchise to SCE.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

JACINTO GRANTING A FRANCHISE TO SCE, AND DETERMINING

THE ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Department: Finance

5. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF

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

I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 27th day of June 2024, as requested by law.

Julia Espinoza, City Clerk
July 2, 2024
TO: City Council
REQUESTED BY: Julia Espinoza, City Clerk
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Regular Meeting Minutes of June 18, 2024
RECOMMENDATION:

Staff recommends that the City Council approve the City Council Regular Meeting Minutes of June 18, 2024.

ATTACHMENTS:

June 18, 2024 City Council Regular Meeting Minutes

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City Council Regular Meeting Action Minutes June 18, 2024

PHIL AYALA, MAYOR

VALERIE VANDEVER, MAYOR PRO TEM

ALONSO LEDEZMA, COUNCILMEMBER

BRIAN HAWKINS, COUNCILMEMBER

CRYSTAL RUIZ, COUNCILMEMBER

ACTION MINUTES
CITY COUNCIL – REGULAR MEETING
TUESDAY, JUNE 18, 2024
5:30 PM CLOSED SESSION
6:30 PM OPEN SESSION
LIVE STREAM LINK: https://vimeo.com/user115670369

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

1. ORGANIZATION
Mayor Pro Tem Valerie Vandever called the meeting to order at 6:47 p.m.

1.1. Public Comments on Closed Session Items

1.2. Closed Session

1.2.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager

1.2.2. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Craig Hayes, City Attorney Unrepresented Employee: City Manager

1.2.3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code 54956.8)
Property: 280 Bissell Place, APN 435-260-007
City Negotiators: Rob Johnson, City Manager; Craig Hayes, City Attorney Negotiating Party: Jack M. Luiten
Under Negotiation: Price and Terms

1.3.Closed Session Report
City Attorney Craig Hayes indicated that there was no reportable action from the Closed Session.

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Attachment: June 18, 2024 City Council Regular Meeting Minutes (Regular Meeting Minutes of June 18, 2024)

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City Council Regular Meeting Action Minutes June 18, 2024

1.4. Roll Call
City Clerk Julia Espinoza conducted the roll call:

Present: Mayor Pro Tem Valerie Vandever, Councilmember Crystal Ruiz, Councilmember Alonso Ledezma, and Councilmember Brian Hawkins

Absent: Mayor Phil Ayala
M/S/C (Ledezma/Hawkins) to approve the absence of Mayor Ayala. Motion carried 4/0.

Ayes: Ledezma, Hawkins, Ruiz, Vandever
Nays: None

Absent: Ayala
Abstain: None

1.5. Invocation
Councilmember Ruiz gave the invocation.

1.6. Pledge of Allegiance
Councilmember Hawkins led the Pledge of Allegiance.

1.7. Mayor/Council Member Reports
Councilmembers provided their reports.

1.8. Late Items
City Manager Rob Johnson indicated that Discussion Item 5.4 will be presented before Item

5.2. 2. PUBLIC COMMENTS
There were three (3) public comments:
• Veronia Hawkes
• Yesenia Briz (written)
• Carlos Garcia (written)
• San Jacinto Valley Association of Truckers (written)

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Attachment: June 18, 2024 City Council Regular Meeting Minutes (Regular Meeting Minutes of June 18, 2024)

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City Council Regular Meeting Action Minutes June 18, 2024

3. CONSENT CALENDAR

3.A. Consent Calendar - City Council

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

3.A.2. Minutes of the Regular City Council Meeting of June 4, 2024/City Clerk/Approved

3.A.3. Warrants and Disbursements - May 2024/Finance/Approved

3.A.4. Resolution Regarding the 2024 General Election/City Clerk

3.A.5. Establishing the Appropriations Limit From Proceeds of Taxes for Fiscal Year/Finance/Approved

3.A.6. Four (4) Night Road Closure on Shaver Street/Engineering/Approved

3.A.7. Approval of Five (5) Year Cooperative Agreement with Riverside County Fire Department/City Manager/Approved

3.A.8. Professional Services Agreement Renewal with Robin Gilliland Consulting/City Manager/Approved

3.A.9. CityNet Agreement Renewal for Street Outreach and Emergency Shelter/City Manager/Approved

3.A.10.ERF-3-L Grant Agreement with County of Riverside and Workforce Solutions/City Manager/Approved

3.A.11. Professional Services Agreement with All Inclusive ADU/Community Development/Approved

3.A.12.Amendment No. 1 to Professional Services Agreement with the Riverside County Department of Animal Services for Animal Control Field and Sheltering Services/Community Development/Approved

3.A.13.Professional Services Agreement with Lynn Merrill and Associates for NPDES Compliance Services for Fiscal Years 2024-2025 and 2025-2026/Storm/Approved M/S/C (Ledezma/Ruiz) to approve the Consent Calendar. Motion carried 4/0.

Ayes: Vandever, Ledezma, Ruiz, Hawkins
Nays: None

Absent: Ayala
Abstain: None

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Attachment: June 18, 2024 City Council Regular Meeting Minutes (Regular Meeting Minutes of June 18, 2024)

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City Council Regular Meeting Action Minutes June 18, 2024

4. PUBLIC HEARING

4.1. Proposed Resolution for Landscaping, Lighting, and Park District No. 1 (the “District”) Fiscal Year 2024-2025 Annual Levy of Assessments Finance Director Erika Gomez presented the staff report.

Mayor Pro Tem Vandever opened the Public Hearing at 7:20 pm. There were no public speakers. Mayor Pro Tem Vandever closed the Public Hearing at 7:21 pm.

M/S/C (Hawkins/Ledezma) made a motion to adopt Resolution No. 4034, confirming a diagram and assessment and levying the assessment for the District for FY 2024- 2025. Motion carried 4/0.

Ayes: Ledezma, Vandever, Hawkins, Ruiz
Nays: None

Absent: Ayala
Abstain: None

4.2. Proposed Resolution for Landscaping, Lighting, and Park District No. 2 (the “District”) Fiscal Year 2024-2025 Annual Levy of Assessments Finance Director Erika Gomez presented the staff report.

Mayor Pro Tem Vandever opened the Public Hearing at 7:23 pm. There were no public speakers. Mayor Pro Tem Vandever closed the Public Hearing at 7:24 pm.

M/S/C (Ledezma/Hawkins) made a motion to adopt Resolution No. 4035, confirming a diagram and assessment and levying the assessment for the District for FY 2024- 2025. Motion carried 4/0.

Ayes: Ruiz, Ledezma, Hawkins, Vandever
Nays: None

Absent: Ayala
Abstain: None

4.3. Resolution No. 4036 for Assessment District 2003-1 FY 2024-2025 Annual Levy Finance Director Erika Gomez presented the staff report.

Mayor Pro Tem Vandever opened the Public Hearing at 7:26 pm. There were no public speakers. Mayor Pro Tem Vandever closed the Public Hearing at 7:27 pm.

M/S/C (Hawkins/Ledezma) made a motion to adopt Resolution No. 4036, confirming a diagram and assessment and levying the assessment for Assessment District 2003-1 for FY 2024-2025. Motion carried 4/0.

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Attachment: June 18, 2024 City Council Regular Meeting Minutes (Regular Meeting Minutes of June 18, 2024)

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City Council Regular Meeting Action Minutes June 18, 2024 Ayes: Hawkins, Ledezma, Vandever, Ruiz
Nays: None

Absent: Ayala
Abstain: None

5. DISCUSSION ITEMS

5.1. State Street Improvements from 9th Street to Idyllwild Drive Street Improvement Project CIP#24-001/ARPA (SJ-534) & Shaver Street/San Jacinto Ave. Pavement Rehabilitation (SJ-427)
Contract City Engineer Stuart McKibbin presented the staff report.

M/S/C (Ruiz/Ledezma) made a motion to approve the plans and specifications for the State Street Improvements from 9th Street to Idyllwild Drive Street Improvement Project CIP #24-001/ARPA (SJ-534) & Shaver Street/San Jacinto Ave. Pavement Rehabilitation (SJ-427); Award the construction contract to the lowest responsible bidder submitting a responsive bid to R.J. Noble Company for the sum of $4,439,230; Allocate 6% of the total bid for administration, inspection, and testing; Allocate 10% of the total bid for construction contingencies; Reject all other bids; and Authorize the City Manager to execute the construction contract. Motion carried 4/0.

Ayes: Vandever, Ledezma, Ruiz, Hawkins
Nays: None

Absent: None
Abstain: None

5.4. Year-End Budget Review
Finance Director Erika Gomez presented the staff report.

There were two (2) public comments:
• Veronica Hawkes
• Michael Siordea
M/S/C (Ruiz/Ledezma) made a motion to appropriate $582,964 from the General Fund as detailed in Table 4, approve the purchases and projects detailed in Table 4, and authorize the City Manager to execute an amendment to the contract with American Asphalt South, Inc., for additional work related to the Corp Yard Repaving Project.

Motion carried 4/0.

Ayes: Ledezma, Vandever, Hawkins, Ruiz
Nays: None

Absent: Ayala
Abstain: None

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Attachment: June 18, 2024 City Council Regular Meeting Minutes (Regular Meeting Minutes of June 18, 2024)

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City Council Regular Meeting Action Minutes June 18, 2024

5.2. Adoption of Fiscal Year 2024-2025 Budget
City Manager Rob Johnson and Deputy City Manager Tom Prill presented the staff report.

Item 5.2 Adoption of Fiscal Year 2024-2025 Budget and 5.3 Adoption of Successor Agency’s Fiscal Year 2024-2025 Budget were presented together under one motion.

M/S/C (Ruiz/Ledezma) made a motion to adopt Resolution No. 4032, adopting the Fiscal Year Budget 2024-2025 for the General Fund and all other funds, and the adoption of Resolution No. SA 23-03 adopting the Fiscal Year 2024-2025 Operating and Capital Budget for the Successor Agency to the Redevelopment Agency of the City of San Jacinto (SA). Motion carried 4/0.

Ayes: Ruiz, Hawkins, Vandever, Ledezma
Nays: None

Absent: Ayala
Abstain: None

5.3. Adoption of Successor Agency’s Fiscal Year 2024-2025 Budget The item was presented together with Item 5.2. under one motion.

6. CITY MANAGER UPDATE
City Manager Rob Johnson provided the City Manager Update.

7. FUTURE REQUESTS FROM CITY COUNCIL TO STAFF

8. ADJOURNMENT
With no further business before the City Council, Mayor Pro Tem Vandever adjourned the meeting at 8:58 p.m.

CITY OF SAN JACINTO:
____________________________
Valerie Vandever, Mayor Pro Tem
ATTEST:
____________________________
Julia Espinoza, City Clerk

Approved as read:

Approved as amended:

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Attachment: June 18, 2024 City Council Regular Meeting Minutes (Regular Meeting Minutes of June 18, 2024) July 2, 2024
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Budget Amendment – LLPD #1
RECOMMENDATION:

Staff recommends that the City Council approve the budget amendment for the Fiscal Year 2024-2025.

DISCUSSION:

On June 18, 2024, the City Council approved the Fiscal Year 2024-2025 Budget. After approval, staff realized an error was made in the preparation of the budget, and one specific account in the LLPD #1 fund (Fund #025) was not appropriately budgeted as requested.

Staff requested a budget of $555,000 for account #025-7252-410-3405 (Contract Services for Rancho San Jacinto). However, only a budget of $250,700 was copied from the FY 2023-2024 Budget and included in the proposed budget that was approved.

Accordingly, approval of this budget amendment would increase that account by $304,300, to be used for landscape rehab, booster pump replacement, solar light replacements, and the replacement of park benches and tables, among other repair and maintenance items.

FISCAL IMPACT:

Approval of this budget amendment would increase the budgeted expenditures of the Rancho San Jacinto area in the LLPD #1 (Fund #025), account #025-7252-410-3405 for $304,300. This budget amendment does not increase the budgeted expenditures for the General Fund.

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July 2, 2024
TO: City Council
REQUESTED BY: Erika Gomez, Finance Director
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Report of City-Wide User Fee Increase
RECOMMENDATION:

Staff recommends that the City Council receive and file the report of City-Wide User Fee increases.

DISCUSSION:

As part of a general cost recovery strategy, local governments adopt user fees to fund services that provide limited or no direct benefit to the community as a whole.

User Fees recover costs associated with providing specific services, which benefit the user, thereby reducing the use of General Fund monies for such purposes. Cost recovery objectives can be based on a variety of factors, including public versus private benefits provided by the service. If an activity has a public benefit, it might be more appropriately supported by the General Fund. Conversely, if an activity has mostly private benefits, it might be more appropriately supported by fees. Activities that have a mix of public and private benefits may be supported by the combination of fees and the General Fund.

In an effort to both understand and establish appropriate levels of cost recovery for City services, the City entered into a Professional Services Agreement with Willdan Financial Services for a City-Wide User Fee Study and City-Wide Cost Allocation Plan in 2019. The Study found that fee increases were necessary to achieve the City’s objective of full cost recovery.

On August 15, 2023, a Public Hearing was held to consider the proposed fee increases, and the San Jacinto City Council voted unanimously to approve the recommended fee schedule. The fees were set by Resolution 4000, which also defined the escalation factor and included a provision requiring that the annual fee increase be presented to the City Council as an informational item.

Accordingly, the City’s user fee schedule, effective July 1, 2024, is attached to this staff report.

FISCAL IMPACT:

User fees have been increased by a factor of 4.3%. This increase will assist in defraying the rising cost of providing the services identified in the User Fee Schedule due to inflation.

ATTACHMENTS:

FY 24-25 User Fee Schedule
Resolution No. 4000

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Effective July 1, 2024
City of San Jacinto
Development Services
(951) 487-7330
www.sanjacintoca.gov
DEVELOPMENT SERVICES FEE SCHEDULE (EFFECTIVE JULY 1, 2024) This document will assist you in calculating an estimate of Building and Engineering Permit and Plan Check and Planning Entitlement Fees for your proposed construction project. Please keep in mind that this is an estimate of City fees only and that there may be additional development fees from other agencies, departments, or divisions. Furthermore, there may be additional development fees from outside agencies, such as the County Health Department, your local School District, or other federal, state, or local agencies.

For other Agency, Department, or Division fees please contact:

Engineering – Tri-Lakes Consultants (951) 654-3592
City of San Jacinto Water Department (951) 487-7330 X747 Eastern Municipal Water District (951) 928‐3777 X2081
Lake Hemet Municipal Water District (951) 658-3241
Riverside County Fire Marshal (951) 955-4777
County of Riverside Environmental Health (951) 358-5172 For local School District fees please contact:

San Jacinto Unified School District (951) 929-7700 X4680 Hemet Unified School District (951) 765-5100 x 5480
BUILDINGDATA:

Building Permit Valuations are updated annually, effective July 1, based on the February published ICC Valuation Tables.

The Building Permit Valuation is not intended to represent the actual cost of constructing a given project; however, it does provide the baseline metric for determining permit and plan check fees. Multiply the total square footage of the building by the “Per Square Foot Value” listed in the most current February ICC posting. This value will represent the total cost of construction for the purpose of calculating Plan Check and Building Permit Fees.

Valuation Worksheet

AREA SQUARE FOOTAGE OCCUPANCY GROUP AND CONSTRCUTION TYPE

VALUE (PER ICC TABLE) SUB-TOTAL
1 2
3 4
Building Permit Valuation Total

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase)

DEVELOPMENT SERVICES FEE SCHEDULE
Effective July 1, 2024 2

BUILDINGPERMIT VALUATION APPLICABLE FEE SUB-TOTAL
$1 to $500 $26.75
$501 to $2,000 $26.75 for the first $500 plus $3.47 for each additional $100 or fraction thereof, to and including $2,000
$2,001 to $25,000 $78.80 for the first $2,000 plus $15.94 for each additional $1,000 or fraction thereof, to and including $25,000
$25,001 to $50,000 $445.42 for the first $25,000 plus $11.49 for each additional $1,000 or fraction thereof, to and including $50,000
$50,001 to $100,000 $732.67 for the first $50,000 plus $7.97 for each additional $1,000 or fraction thereof, to and including $100,000
$100,001 to $500,000 $1,131.17 for the first $100,000 plus $6.37 for each additional $1,000 or fraction thereof, to and including $500,000
$500,001 to $1,000,000 $3,679.17 for the first $500,000 plus $5.40 for each additional $1,000 or fraction thereof, to and including $1,000,000
$1,000,001 and up $6,381.58 for the first $1,000,000 plus $4.15 for each additional $1,000 or fraction thereof
PLAN CHECK FEE:

Combination Permits (Residential or Commercial) Same as Building Permit fee above Trade Permits (Mechanical, Electrical, Plumbing) As stated below.

CALIFORNIA BUILDING STANDARDS COMMISSION FEE
$1 per every $25,000, or portion thereof, in construction valuation STRONG MOTION INSTRUMENTATION PROGRAM (SMIP) FEE:

Residential Structures: Valuation X 0.0013 = SMIP Fee
Commercial Structures: Valuation X 0.0028 = SMIP Fee
PERMIT ISSUANCE FEE (ALL PERMITS): $49
CERTIFICATE OR TEMPORARY CERTIFICATE OF OCCUPANCY: $59
DEMOLITION PERMIT: $120
REROOF: $77

TRADE AND SPECIALTY PERMITS
Electrical Permit Fee See Fee Schedule
Mechanical Permit Fee See Fee Schedule
Plumbing Permit Fee See Fee Schedule
Mobile Home Permit See Fee Schedule
Pool & Spa Permit See Fee Schedule
Sign Permit See Fee Schedule
Solar Permit See Fee Schedule
Wall & Fence Permit See Fee Schedule

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase)

DEVELOPMENT SERVICES FEE SCHEDULE
Effective July 1, 2024 3
OTHER BUILDING & SAFETY DIVISION FEES:

Fire and Life Safety Service Fee: 0.10% of Valuation
Energy Conservation Review: 15% of Building Permit Fee
Imaging and Storage: 0.02% of Valuation plus $5 per sheet New Addressing: $29 per lot or location
OTHER FEES AND OPTIONS:

After Hours Holiday Inspections (when available): $243 per hour (2 hour minimum) After Hours Inspections (when available): $156 per hour (2 hour minimum) Duplicate Permit or Inspection Card (city printed): $29 Expedited Plan Check (when available) 100% of Plan Check Fee Inspection Fee (after 2 failed inspections): $98 per hour (1 hour minimum) Investigation Inspections: 100% of Plan Check Fee
Permit Transfer Fee: $29
Plan Check Revisions: $120 per hour
Other Inspections not otherwise listed: $120

CITY SURCHARGES
General Plan Maintenance Fee: All Permit or Entitlement Fees X 1.9% Technology Fee: All Permit or Entitlement Fees X 5%

TRANSPORTATION / HAUL PERMIT
Annual: $93
Single Trip: $16

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase)

DEVELOPMENT SERVICES FEE SCHEDULE
Effective July 1, 2024 4

DECK OR PATIO, ELECTRICAL, PLUMBING & MECHANICAL FEE SCHEDULES For new buildings or additions, these fees only apply if the builder desires to pull separate Plumbing, Mechanical, and/or Electrical Permits; otherwise, these fees are included in the combination building permit.

The following fees are intended to be applied to projects where a Per Square Foot Fee Calculation Method is not applicable due to the minor nature of work performed. For most building projects, the per square foot calculation method is to be used to determine the Electrical, Plumbing and Mechanical fees.

Mobile Home Permits
Mobile Home Building Permit Fee Sum of Mobile Home Fees Mobile Home Plan Check Fee 65% of Mobile Home Permit Fee Mobile Home Awning $38 Each
Mobile Home Installation $199 Per Lot
Mobile Home Patio Room $107 Each
Mobile Home Permanent Foundation $137 Per Lot
Mobile Home Porch / Deck $62 Each
Deck or Patio
Deck or Patio – City Standard $117 Each
Deck or Patio – Non-City Standard $235 Each
Electrical Trade Permits
Electrical Building Permit Fee Sum of Electrical Items
Electrical Plan Check Fee 65% of Electrical Permit Fee
Outlets/Receptacles/Switches/Fixtures/Sockets $2 Per Unit Temporary Power Pole $49 Per Unit
Dwelling Re-Wire (Partial) $154 Per Unit
Dwelling Re-Wire (Full) $309 Per Unit
Service Upgrades or Changes
Up to 200A $63 Per Unit
201A to 1000A $129 Per Unit
Over 1000A $199 Per Unit
Switchboards (sub-panels)
Up to 600V $68 Per Unit
Over 600V $137 Per Unit
Motors, generators, transformers
Up to 3 HP/KW/KVA $25 Per Unit
3 to 50 HP/KW/KVA $51 Per Unit
OVER 50 HP/KW/KVA $103 Per Unit
Special Event Electrical - Per Connection $38 Per Unit
Additional Electrical System Not Otherwise Listed $23 Per Unit

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase)

DEVELOPMENT SERVICES FEE SCHEDULE
Effective July 1, 2024 5
Mechanical Trade Permits
Mechanical Building Permit Fee Sum of all Mechanical Fees Mechanical Plan Check Fee 65% of the Building Permit Fee Air Handler $30 Per Unit
Boiler, A/C Units / Compressors
Up to 3 HP/Ton OR 100,000 BTU $30 Per Unit
3-15 HP/Ton $41 Per Unit

15.1 to 30 HP/Ton $54 Per Unit

30.1 to 50 HP/Ton $66 Per Unit
Over 50 HP/Ton OR 175K BTU $90 Per Unit
Duct Or Vents (Linear Feet) $11 Per 100 Linear Feet
Evaporation Coolers $21 Per Unit
Exhaust Hood $21 Per Unit
Furnace $30 Per Unit
Heating, Refrigeration, Cooling, Absorption, Unit Or System Repair $28 Per Unit Incinerators $30 Per Unit
Ventilation And Exhaust Fan $11 Per Unit
Additional Mechanical Not Otherwise Listed $21 Per Unit Plumbing Trade Permits
Plumbing Building Permit Fee Sum of Plumbing Fees
Plumbing Plan Check Fee 65% of Plumbing Building Permit Fee Fixtures And Traps $19 Per Unit
Interceptor / Grease Trap $40 Per Unit
Water Piping $9 Per Unit
Rainwater System (Per Drain) $19 Per Unit
Private Sewer / Septic System $137 Per Connection
Sewer Connection $51 Per Connection
Repair Alteration Of Drain Or Vent $9 Per Unit
Backflow Preventer $38 Per Unit
Dwelling Re-Pipe (Full) $35 Per Unit
Water Heaters $25 Per Unit
Gas Piping $12 Per Unit
Additional Plumbing System Not Otherwise Listed $19 Per Unit Pool & Spa Permits
Pool & Spa Building Permit Fee Sum of Pool and Spa Fees Pool Plan Check Fee $137 Per Permit
Pool / Spa Equipment $68 Per Unit
Gas Connection $38 Per Connection
Sign Permits
Sign Building Permit Valuation Table
Sign Plan Check 65% of Building Permit Fee
Lighting or Marquees from One Circuit $51 Per Unit
Additional Lighting Or Marquees Circuit On Same Sign $9 Per Unit

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase)

DEVELOPMENT SERVICES FEE SCHEDULE
Effective July 1, 2024 6
Solar Permits
Solar Review Building Permit Fee (1 hour minimum) $120 Per Hour Solar Inspection Fee (up to 2 inspections) $276 Per Permit Wall & Fence Permits
Wall and Fence Building Permit Fee $31 Per 300 Linear Feet Wall and Fence Plan check Fee $58 Per 100 Linear Feet

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase)

DEVELOPMENT SERVICES FEE SCHEDULE
Effective July 1, 2024 7

ENGINEERING, GRADING, STORM WATER AND ENCROACHMENT PERMITS Grading Permits:

QUANTITY PERMIT FEE PLAN CHECK FEE SUB-TOTAL
50 cubic yards or less $49 $49
51 to 100 cubic yards $77 $49
101 to 1,000 cubic yards $77 $77
1,001 to 10,000 cubic yards $244 ---
1,001 to 100,000 cubic yards --- $102
10,001 to 100,000 cubic yards for the first 10,000 cubic yards $409 --- 100,001 to 200,000 cubic yards for the first 100,000 cubic yards --- $562 100,001 cubic yards or more for the first 100,000 cubic yards $1,029 --- 200,001 or more for the first 200,000 cubic yards --- $838 Encroachment and Construction Permits:

Encroachment Permit Fee $49
Encroachment Inspection Fee $81
Encroachment Plan Check 2.5% of Engineer’s Estimate
Subdivision, CUP, Site Plan, and new Construction Projects Plan Check 3.0% of Engineer’s Estimate
Subdivision, CUP, Site Plan, and new Construction Projects Inspection 2.5% of Engineering Estimate
Fire Hydrant, Blue Dot, Water Service, Sewer Lateral, other not included above Actual Costs

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase)

DEVELOPMENT SERVICES FEE SCHEDULE
Effective July 1, 2024 8
Final Map Check, Lot Line Adjustments, Vacations
Final Subdivision Map Check
1-4 Lots $1,199 + $60 / lot
5-12 Lots $1,799 + 47 / lot
13-49 Lots $2,398 + 36 / lot
50+ Lots $3,598 + 23 / lot
Right-of-Way Vacation (Summary) Actual Cost – $2,500 initial deposit Right-of-Way Vacation (Standard) Actual Cost – $10,000 initial deposit Lot Line Adjustment / Merger $208 Application Fee Plus $2,300 deposit NPDES Inspections
Industrial – High Priority $241
Industrial – Medium Priority $192
Industrial – Low Priority $95
Restaurants – High Priority $80
Restaurants – Medium Priority $63
Restaurants – Low Priority $47
Commercial – High Priority $69
Commercial – Medium Priority $58
Commercial – Low Priority $47
Other – Inactive / Residential / Non-Inspection $23
Post Construction BMP (Residential & Commercial) $160

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase)

DEVELOPMENT SERVICES FEE SCHEDULE
Effective July 1, 2024 9

PLANNING AND ENTITLEMENT FEES
Application fees are typically non-refundable. Unused portions of deposits will be reimbursed upon the project's completion. The Planning Staff retains the authority to adjust the deposit amount, either higher or lower, depending on the project's complexity. The initial deposit encompasses a 15% Administrative Fee. Additional deposits might be necessary, and any surplus deposits will be returned upon the project's conclusion.

Fee Type Application Fee Initial Deposit Amount Due at
Submittal
Agriculture Preserve – Establishment/Dissolution
/Diminishment $4,172 $10,000 $14,172
Agricultural Preserve - Notice Of Non-Renewal $156 $5,000 $5,156 Annexation $2,086 $25,000 $27,086
Appeal $1,564 $3,000 $4,564
Cannabis Land Use Permit $4,237 $10,000 $14,237
Cannabis Regulatory Permit $1,265 $5,000 $6,265
Cannabis Regulatory Permit - Annual Renewal $549 $1,000 $1,549 Change Of Zone / Text Amendment $7,301 $10,000 $17,301
Specific Plan/Amended Specific Plan $8,344 $25,000 $33,344 Conditional Use Permit $6,258 $10,000 $16,258
Development Agreement $10,430 $20,000 $30,430
Environmental Impact Report
25% of Contract Amount
or $6,954,
whichever is greater
Contract Amount
Varies per
Contract
Amount
Environmental Assessment (Initial Study) $1,043 $5,000 $6,043 Extension Of Time $311 $1,000 $1,311
General Plan Amendment $8,344 $10,000 $18,344
Landscape Plans 5.5% of Valuation or $552,
whichever is greater ---* $552
Large Family Daycare $208 --- $208
Lot Line Adjustment $208 $2,300 $2,508
Lot Merger $208 $2,300 $2,508
Minor Change to an Approved Project $788 Varies with
Project*
$788-*
Minor Use Permit $4,125 $5,000 $9,125
Minor Variance $513 $1,000 $1,513
Planned Development Permit $4,172 $15,000 $19,172
Pre-Application $521 $2,500 $3,021

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase)

DEVELOPMENT SERVICES FEE SCHEDULE
Effective July 1, 2024 10
Fee Type Application Fee Initial Deposit Amount Due at
Submittal
Site Plan & Design Review
$311 $500 $811 Sign Review, Accessory Structures, Minor Facade Modifications
Site Plan & Design Review
$311 ---* $311
Single Family Home, Sign Program
Site Plan & Design Review
$1,564 $5,000 $6,564
Tract, Commercial, Industrial
Special Event Permit $73 ---
* $73
Special Letters/Reports $73 ---
* $73
Substantial Conformance $788 $2,000 $2,788
Surface Mining Permit $7,092 $20,000 $27,092
Temporary Use Permit $73 ---
* $73
Tentative Tract Map / Revision $8,344 $15,000 $23,344
Tentative Parcel Map $6,258 $8,000 $14,258
Variance $1,564 $1,000 $2,564
Vesting Tentative Tract Map $10,430 $20,000 $30,430
Water Quality Management Plan
Preliminary $3,026 ---
* $3,026
Water Quality Management Plan
Final
Commercial <8 acres
$5,161 ---
*
Industrial <5 acres $5,161
Residential <19 units
Commercial 8 to 23 acres
$5,822 ---
*
Industrial 5 to 18 acres $5,822
Residential 19 to 50 units
Commercial >23 acres
$8,064 ---
*
Industrial >18 acres $8,064
Residential >50 units
* Deposits - Although generally not required, a deposit may be required if, based on the specific nature of the request, the project is expected to exceed the time necessary to complete the review included in application fee amount. Contact Planning for additional information.

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Attachment: FY 24-25 User Fee Schedule (Report of City-Wide User Fee Increase) Resolution No. 4000

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STATE OF CALIFORNIA ) RESOLUTION NO. 4000
COUNTY OF RIVERSIDE)ss

CITY OF SAN JACINTO )

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

JACINTO, CALIFORNIA, ADOPTING A USER FEE SCHEDULE

TO RECOVER THE COST OF SERVICES PROVIDED BY CITY

DEPARTMENTS AND AUTOMATIC ANNUAL COST OF LIVING

FEE INCREASE
WHEREAS, state law authorizes local agencies to collect fees to defray the costs of providing programs and services; and
WHEREAS, the City of San Jacinto provides a variety of services to the general public and other governmental agencies; and
WHEREAS, the City desires to recover direct and indirect management support costs associated with the costs of providing services; and WHEREAS, the City Council previously approved City Council Resolutions and Ordinances that imposed a variety of user fees including, but not limited to planning and building fees, public works fees, and water fees; and
WHEREAS, the City retained Willdan Financial Services to prepare a fee study to evaluate whether the City's user fees were commensurate with the reasonable costs of providing the services and programs for which the fees are imposed ("User Fee Study"); and
WHEREAS, based on the User Fee Study, the City has prepared a new Citywide User Fee Schedule, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein ("the new User Fee Schedule"), which increases certain existing user fees and imposes new user fees; and,
WHEREAS, notice of a public hearing before the City Council of the City of San Jacinto concerning the new User Fee Schedule was given in accordance with all applicable State and Local law, including but not limited to Government Code sections 6062a, 66016, 66017 and 66018; and
WHEREAS, on August 15, 2023 the City Council of the City of San Jacinto conducted a duly noticed public hearing concerning the new User Fee Schedule; and WHEREAS, the cost estimates and fee calculations applicable to the new User Fee Schedule were presented to the City Council at the above-referenced public hearing.

At which, members of the public were able to present written and oral comments regarding the fees, and the User Fee Study was available for public inspection and review at least ten (10) days prior to that public hearing; and DocuSign Envelope ID: 7ADC5B4D-2BD0-4124-BC8E-A8D51F921C77

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Attachment: Resolution No. 4000 (Report of City-Wide User Fee Increase) Resolution No. 4000

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WHEREAS, The City Council has considered the information and public testimony presented in the public hearing and in the new User Fee Schedule, the User Fee Study, the staff report and any written correspondence relating to this item, all of which are included in the public record and incorporated herein by reference.

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

SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.

SECTION 2. The City Council finds and determines that the fees for service and the billing and overhead rates established by this Resolution do not exceed the estimated reasonable costs of services for which they were imposed and otherwise comply with the provisions of California law and specifically Government Code Sections 66000 et seq.

SECTION 3. The fees for service and the billing and overhead rates are statutory and categorically exempt from the requirements of the California Environmental Quality Act (CEQA). Setting these fees fits within the statutory exemption for City decisions involving rates, tolls, or other charges contained within Public Resources Code Section 21080(b)(8) and section 15273 of the CEQA Guidelines.

SECTION 4. This Resolution shall go into full force and effect immediately, but the individual fees shall become effective as provided by the applicable provisions of State Law.

SECTION 5. The fees set forth in the new User Fee Schedule (Exhibit to this Resolution) shall replace and supersede that fee in the current User Fee Schedule. To the extent this Resolution conflicts any other prior Resolution or Ordinance addressing fees that are included in the new User Fee Schedule, this Resolution shall prevail.

Notwithstanding the foregoing, in the event that any fee established or authorized pursuant to the new User Fee Schedule is declared invalid, the City Council hereby authorizes the City to impose that fee in the amount most recently approved by the City Council through the adoption of the current User Fee Schedule.

SECTION 6. All fees set forth in the new User Fee Schedule (exhibit to this Resolution) shall be increased by the Consumer Price Index ("CPI") on July 1 st of each year. These increases shall be based on the CPI for all Urban Consumers Riverside-San BernardinoOntario, CA area published by the United States Department of Labor, Bureau of Labor Statistics for the Period of December of the previous year through December of the current year; provided however, that no inflationary adjustment may exceed the cost of providing the service for which the fee is imposed. The City Manager shall approve the annual increase in fees administratively and present the increased fees to the City Council as an informational item.

SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid by final judgment of a court of DocuSign Envelope ID: 7ADC5B4D-2BD0-4124-BC8E-A8D51F921C77

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Attachment: Resolution No. 4000 (Report of City-Wide User Fee Increase) Resolution No. 4000

Page 3 of 4 ends

competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each section, subdivision, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 8. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of August 2023 by the following vote:

AYES: Ayala, Ruiz, Vandever
NAYS: None
ABSENT: None
ABSTAIN: None
City of San Jacinto
___________________
Alonso Ledezma, Mayor
ATTEST:
___ _ ___
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

Best, Best & Krieger LLP
___ _____
Craig Hayes, City Attorney
DocuSign Envelope ID: 7ADC5B4D-2BD0-4124-BC8E-A8D51F921C77

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Attachment: Resolution No. 4000 (Report of City-Wide User Fee Increase) Resolution No. 4000

Page 4 of 4 ends

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. 4000 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 15th day of August 2023.

AYES: Ayala, Ruiz, Vandever
NAYS: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 15th day of August 2023. _____________________________________
Julia Espinoza, City Clerk
City of San Jacinto
DocuSign Envelope ID: 7ADC5B4D-2BD0-4124-BC8E-A8D51F921C77

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Attachment: Resolution No. 4000 (Report of City-Wide User Fee Increase) July 2, 2024
TO: City Council
REQUESTED BY: Stuart McKibbin, City Engineer
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Amendment No.1 to SB1 – Resolution No. 4025 Adopting Fiscal Year 2024/25 Road Maintenance and Re
RECOMMENDATION:

DISCUSSION:

On May 21, 2024, the City Council approved Resolution No. 4025. The Engineering Department submitted the resolution to Caltrans; however, it was returned for corrections by Caltrans.

The first was a typographical error for the proposed project titled “Cottonwood Avenue Rehabilitation Between State Street and Palm Avenue.” This project was submitted with a proposed completion date of September 2024, yet it was supposed to have a proposed completion date of September 2025.

The second requested correction was that the project titled “Pavement Management System (CIP # CP-004)” was submitted without an estimated project schedule.

Both corrections mentioned above have been made and accepted by Caltrans.

For ease of reference, the changed language is listed below.

Project Title: Cottonwood Avenue Rehabilitation Between State Street and Palm Avenue Project Description: Pavement Rehabilitation
Project Location: 2600-foot segment of Cottonwood Ave between State St and Palm Ave Estimated Project Schedule: Construction start anticipated July 2025 and completed September 2025
Estimated Project Useful Life: 12 years
Project Title: Pavement Management System (CIP # CP-004) Project Description: Creation of the City’s Pavement Management System Project Location: Citywide
Estimated Project Schedule: December 2024
Estimated Project Useful Life: 10 – 20 Years
FISCAL IMPACT:

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There is no fiscal impact at this time.

ATTACHMENTS:

Amendment to Resolution No. 4025 - SB 1 Project List

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Amendment No. 1 To Resolution No. 4025

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AMENDMENT NO. 1 TO RESOLUTION NO. 4025

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF SAN JACINTO )

RESOLUTION ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of San Jacinto are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of San Jacinto must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of San Jacinto, will receive an estimated $1,384,623 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth year in which the City of San Jacinto is receiving SB 1 funding and will enable the City of San Jacinto to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of San Jacinto has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of San Jacinto used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority

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Attachment: Amendment to Resolution No. 4025 - SB 1 Project List (Amendment No.1 to SB1 – Resolution No. 4025 Adopting Fiscal Year Amendment No. 1 To Resolution No. 4025

Page 2 of 5 ends

and cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City of San Jacinto maintain and rehabilitate high-priority corridors and local roads throughout the City of San Jacinto this year and additional similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of San Jacinto’s streets and roads are at “high-risk” condition (Pavement Condition Index 50-60) and the SB1 RMRA revenues will help the City of San Jacinto increase the overall quality of its road system to a “good” condition (Pavement Condition Index 71-100) over the next decade; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive impacts locally, regionally, and statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED, AND FOUND by the San Jacinto City Council, State of California, as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:
• Project Title: Cottonwood Avenue Rehabilitation Between State Street and Palm Avenue
• Project Description: Pavement Rehabilitation
• Project Location: 2600-foot segment of Cottonwood Avenue between State Street and Palm Avenue
• Estimated Project Schedule: Construction anticipated July 2025 and completed September 2024 2025
• Estimated Project Useful Life: 12 years
• Project Title: Esplanade Avenue Rehabilitation Between State Street and San Jacinto Avenue
• Project Description: Pavement Rehabilitation
• Project Location: 3900-foot segment of Esplanade Avenue between State Street and Palm Avenue
• Estimated Project Schedule: Construction anticipated September 2025 and completed November 2025
• Estimated Project Useful Life: 12 years

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Attachment: Amendment to Resolution No. 4025 - SB 1 Project List (Amendment No.1 to SB1 – Resolution No. 4025 Adopting Fiscal Year Amendment No. 1 To Resolution No. 4025

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• Project Title: Seventh Street Rehabilitation Between Lyon Avenue and Kirby Street
• Project Description: Pavement Rehabilitation
• Project Location: 2600-foot segment of Seventh Street between State Street and Palm Avenue
• Estimated Project Schedule: Construction anticipated October 2025 and completed December 2025
• Estimated Project Useful Life: 12 years
• Project Title: Main Street Rehabilitation Between Ramona Expressway and Hewitt Street
• Project Description: Pavement Rehabilitation
• Project Location: 4200-foot segment of Main Street between Ramona Expressway and Hewitt Street
• Estimated Project Schedule: Construction anticipated November 2025 and completed January 2026
• Estimated Project Useful Life: 12 years
SECTION 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of San Jacinto is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:
• Project Title: STATE STREET IMPROVEMENTS FROM 9TH STREET TO IDYLLWILD DRIVE STREET IMPROVEMENT PROJECT CIP#24-001
• Project Description: Pavement Rehabilitation
• Project Location: 8350-foot segment of State Street between Seventh Street and Idyllwild Drive
• Estimated Project Schedule: Anticipated Start of Construction is July 8th, 2024. Estimated Completion Date is November 15th, 2024. • Estimate Project Useful Life: 12 years
• Project Title: Pavement Management System (CIP # CP-004) • Project Description: Creation of the City’s Pavement Management System • Project Location: Citywide
• Estimated Project Schedule: On-going updates after pavement management completion December 2024
• Estimated Project Useful Life: On-going updates after pavement management completion 10-12 Years

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Attachment: Amendment to Resolution No. 4025 - SB 1 Project List (Amendment No.1 to SB1 – Resolution No. 4025 Adopting Fiscal Year Amendment No. 1 To Resolution No. 4025

Page 4 of 5 ends

SECTION 4. This Resolution shall take effect upon its adoption.

PASSED, APPROVED, and ADOPTED this 2
nd day of July 2024 by the following
vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
_____________________________
Phil Ayala, Mayor
ATTEST:
_____________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP
_____________________________________
Craig Hayes, City Attorney

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Attachment: Amendment to Resolution No. 4025 - SB 1 Project List (Amendment No.1 to SB1 – Resolution No. 4025 Adopting Fiscal Year Amendment No. 1 To Resolution No. 4025

Page 5 of 5 ends

CERTIFICATION

STATE OF CALIFORNIA)

COUNTY OF RIVERSIDE)

CITY OF SAN JACINTO)
I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Amendment No. 1 to Resolution No. 4025 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 2 nd
day of July 2024.

AYES:

NAYS:

ABSENT:

ABSTAIN:

WITNESS MY HAND AND OFFICIAL SEAL this 2
nd day of July 2024.
_________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Attachment: Amendment to Resolution No. 4025 - SB 1 Project List (Amendment No.1 to SB1 – Resolution No. 4025 Adopting Fiscal Year July 2, 2024
TO: City Council
REQUESTED BY: Arthur Mullen, Chief of Public Utilities
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Sole Source Equipping of New Grand Well Potable Water Treatment Plant RECOMMENDATION:

Staff recommends that the City Council:

3. Award the contract to Pureflow Filtration for the sum of $1,685,850.

4. Authorize the City Manager to execute the contract.

5. Authorize a 5% contingency in the amount of $84,293.

BACKGROUND:

In 2021, the Federal Government passed the American Rescue Plan Act of 2021 (ARPA) and Infrastructure Investment and Jobs Act of 2021 which have, and will, provided significant funds over the coming years to the City to address infrastructure needs. In 2021, the City Council approved the ARPA spending priority list, which identified several projects in the City that would qualify for payment through the ARPA Program. One approved ARPA project was the drilling of the New Grand Well, which was completed in 2022. While the well drilling was successfully completed, a new treatment plant is required to obtain production capability from this well.

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The current treatment plant at the Grand Well site was built in 1989 and is designed to treat Grand Well water for iron and manganese. It has since surpassed its operational lifespan of 20 years. While Staff has diligently maintained the treatment plant far beyond its expected life cycle, the treatment plant physically and mechanically deteriorated and was removed from service in 2018. The plant’s design is obsolete due to its age, and critical replacement parts are no longer manufactured. The City’s goal is to replace and modernize the facility as well as increase the treatment capacity to 2,500 gallons per minute (GPM) and expand the current minimum treatment levels of 200ug/L for iron and 200ug/L for manganese to 500ug/L for both constituents.

In January 2024, the City awarded a contract to Civiltec Engineering, Inc. for the design of plans, specifications, and estimates for a new treatment plant at the New Grand Well site. Due to extended product production lead times, the City is currently procuring the filtration equipment, while the construction and installation of the equipment and support structures will be competitively bid when Civiltec has completed the final plans and specifications.

DISCUSSION:

On November 7, 2022, the City issued an equipment procurement Request for Proposal “RFP” through PlanetBids to equip a new treatment plant at Bath Well. Pureflow Filtration (“Pureflow”) was selected as the vendor, based on both pricing and objective scoring of the RFP criteria. The City now desires to use substantially the same equipment at the New Grand Well. It is critical that filtration equipment is standardized between the Bath treatment plant and the New Grand Well treatment plant. As the plants age, they will require regular maintenance. Using two separate filtration technologies would necessitate the City’s Water Production personnel to learn two systems, and would hinder the City’s ability to quickly and efficiently obtain replacement parts and/or technical services as needed.

Public Contract Code Section 3400(c)(2) authorizes sole source “in order to match other products in use on a particular public improvement either completed or in the course of completion.”
Additionally, San Jacinto Municipal Code §3.08.070(C) sets forth circumstances in which the City may find that engaging in a competitive solicitation for products and services will not result in a competitive advantage for the City, thereby allowing the City to bypass standard competitive procurement practices. Specifically, §3.08.070(C)(1) states: “Single Source/Sole Source. The approval authority finds that there is only one source that provides the needed services or goods, or that use of a particular source is necessary to ensure compatibility with other city products or equipment.”
Further, §3.08.070(C)(2) states: “Bidding Previously Completed. The approval authority finds that either (a) the city already completed a competitive process and rebidding or resoliciting is unlikely to yield better results, or (b) another public agency, including a joint powers agency,

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already performed a competitive process in accordance with the city’s standards and resoliciting is unlikely to yield better results for the city.”
As referenced above, Pureflow is a single-source manufacturer of treatment equipment that relies on proprietary technology to achieve its end product. The current equipment at the Bath Well treatment plant is the Pureflow treatment equipment. The City wishes to match the existing treatment equipment at the Bath Well treatment plant with the New Grand Well treatment plant to standardize equipment between the two treatment plants for the reasons discussed in this staff report.

Further, the November 2022 RFP, which resulted in the selection of Pureflow for the Bath Well, satisfies the requirement set forth in San Jacinto Municipal Code §3.08.070(C)(2), allowing for the City to award a contract to Pureflow for the substantially similar equipping of the New Grand Well treatment plant without engaging in the competitive procurement process.

Measure V:

Over the past several years, the City of San Jacinto has experienced a boom in Economic Development with significant new commercial and residential development, causing a strain on the City’s existing aging, water, wastewater, and stormwater infrastructure, requiring significant improvement and investment. In 2020, the City Council authorized a 10-year fiscal model to evaluate its financial stability and long-term solvency. The model showed that the City was operating at a Structural Deficit and at risk of fiscal insolvency in the coming years. To combat the insolvency, the City Council authorized the placement of Measure V, a one-cent sale tax initiative, on the November 2020 ballot. Measure V funds were specifically intended to address the following community priority areas:
• Protecting Local Drinking Water
• Maintaining/Improving 911 emergency, medical, and public safety response times • Increasing public safety to include a new fire engine/crew • Increasing the number of deputies on patrol
• Maintaining the long-term financial stability of the City • Supporting local businesses and jobs
• Addressing homelessness
• Preparing for and recovering from public health emergencies • Repairing streets, roads, and potholes

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Measure V passed with significant community support with over 68% approval. The number one priority for the Community, was to protect local drinking water, with 89% of respondents stating that this issue was either exceptionally or very important to them. While no Measure V funding is requested, it is important to note that this project directly addresses the top priority of the San Jacinto public, as it directly protects the City’s capability to deliver clean local drinking water.

Staff recommends that the City Council award the contract for the equipping of the Bath Well Treatment Plant to Pureflow Filtration in the amount of $1,685,850, with an additional 5% contingency of $84,293.

FISCAL IMPACT:

Funding is available in the Water Fund – Unrestricted Net Position, in the amount of $1,685,850, with an additional 5% contingency of $84,293. There is no impact to the General Fund.

ATTACHMENTS:

Pureflow Proposal for New Grand Well Treatment Plant

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1 TO: City of San Jacinto
254 Camino Los Banos
San Jacinto, CA 92583
Attention: Hao Lui
Email: [email protected]
d

TOTAL: DATE: QUOTE #: REVISION #:

May 30, 2024 P2405051
SUBJECT: City of San Jacinto – Grand Well
REFERENCE: 2,500 GPM Iron and Manganese Removal System

WE ARE PLEASED TO OFFER OUR QUOTATION ON THE FOLLOWING

ITEM QTY DESCRIPTION UNIT PRICE EXTENDED
1 1 Pureflow Filtration Division, model number C-2500HD iron and manganese removal system, including the following: two (2) horizontal pressure filters, ASME code, 150 psi design, sandblasted and epoxy coated inside, sandblasted and epoxy primed outside; Pureflow Filtration PM200M permanent, catalytic adsorptive media; PVC upper distribution system; PVC lower header with 316L stainless steel wedge wire wrapped underdrain laterals; butterfly valves with electric actuators; flow control valves; flow meters; fusion bonded epoxy lined face piping; static mixer; chemical feed system and storage tank for sodium hypochlorite; backwash water reclaim system; backwash water supply system; PLC based filter control panel with color OIT; chlorine residual analyzer; drawings; submittals; operation and maintenance manuals; start-up and commissioning, and an onsite pilot study.

Please see the attached scope of supply for a detailed description of the equipment included in this quotation.

Payment terms are outlined on page 2 of this quotation. $ 1,685,000.00 $ 1,685,000.00
NOTE: PRICE(S) DOES (DO) NOT INCLUDE ANY TAX UNLESS SPECIFICALLY NOTED PROGRESS PAYMENT TERMS: see page 3 of 3
APPROX. DATE OF SHIPMENT: TBD
EST. SHIPPING WEIGHT: TBD
F.O.B.:

PUREFLOW FILTRATION DIV.

By: Chelsey Wilkins
Please sign and return
Accepted by:

Prices specified herein are exclusive of all taxes unless specifically noted This proposal is subject to all terms and conditions printed on face and reverse side

QUOTATION
6739 Washington Ave.

Whittier CA 90601 [email protected] +1 562 945 3425 +1 800 926 3426
www.waterbypureflow.com 3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 2 PROGRESS PAYMENT TERMS

Payment Terms
20% with purchase order or execution of a contract
25% upon approval of mechanical equipment documentation submittal, or four (4) weeks from date of issuance of mechanical equipment documentation submittal, whichever occurs first. 30% upon release to procurement / fabrication
20% upon equipment delivery to jobsite or availability for delivery jobsite 5% due upon completion of start-up and commissioning

Pricing Validity

Due to the ongoing uncertainty of steel and other material costs, pricing stated within this quotation shall remain valid up to 30 days.

Notes

3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 3 PUREFLOW FILTRATION DIV. QUOTATION STANDARD TERMS AND CONDITIONS OF SALE

1. AGREEMENT. The terms and conditions set forth below and on the front side hereof constitute the entire Agreement between the customer named on the front side hereof ("Buyer") and Pureflow Filtration Div., and Pureflow Ozone Div., divisions of California Environmental Controls, Inc., a California corporation ("Seller").

2. TERMS OF SALE. (a) TAXES: Unless specifically provided on the front side hereof, prices specified herein on the Goods are exclusive of all local, state, and federal taxes including without limitation taxes on manufacturing, sales, receipts, gross income, occupation, use and all similar taxes, or other taxes of any nature. Wherever applicable, such taxes will be invoiced as a separate charge which Buyer agrees to pay the Seller. (b) TERMS OF PAYMENT: Net cash due upon receipt of invoice, unless noted on front side of this quotation, to approved credit accounts. The Buyer agrees to pay Seller an additional charge of one and one-half percent (1 and 1/2%) per month (or such lesser amount equal to the maximum rate permitted by law) on any invoices not paid according to these terms. (c) SECURITY INTEREST: Until payment in full of the purchase price therein specified, Seller reserves a security interest in the goods securing payment of such purchase price. (d) DELIVERY: Prices quoted are f.o.b. point of origin of shipments unless shipping is specifically included in price offered on front page. Prices include domestic packing for rail or commercial shipments only. Shipment and delivery dates are estimates based upon schedules of Seller's suppliers and are computed from the time of settlement of all details and receipt of full approval of drawings where drawing approval is required. (e) Field Supervision: Unless specifically provided on the front side hereof, no installation assistance or field supervision by Seller is included in the terms and conditions of this Agreement.

3. ENTIRE AGREEMENT. This agreement supersedes all previous representations, statements, promises, agreements or understandings, written or otherwise. This Agreement is intended by the parties as a final expression of their understanding and no casual or prior dealings shall be relevant to explain any of the terms or conditions hereof. The Seller shall not be bound by any agent’s or employee’s representations, promises, statements or inducements not set forth in the Agreement. If any inconsistency exists between any typed or handwritten materials on the front hereof and these Standard Terms and Conditions, the former shall be controlling.

4. ACCEPTANCE. This quotation is an offer upon the terms and conditions herein specified. Acceptance by the Buyer may be effected by signing a copy of this quotation where specified and returning same to the Seller, or by the Buyer issuing a purchase order and delivering same to the Seller, which shall constitute Buyer's acceptance of this quotation and all of the terms and conditions herein specified. Acceptance of this offer is limited to its terms. Acceptances or confirmation which state additional or different terms from this offer shall be operative as acceptances; provided, however, that all such additional or differing terms shall be deemed material alterations within the meaning of Section 2207 (2) (b) of the California Commercial Code and notice of objection to them pursuant to Section 2207 (2) (c) of the California Commercial Code is hereby given.

5. CANCELLATION. Orders may be cancelled by the Buyer only with Seller's written consent and upon payment of reasonable and proper cancellation charges, including factory costs and expenses.

6. INSPECTION. Buyer agrees to inspect the goods, supplies, merchandise, and material covered hereby ("Goods") immediately upon their receipt by Buyer, secure a written acknowledgement from the delivering carrier as to any loss or damage and within three (3) business days of their receipt to give written notice to the Seller of any claim that the Goods do not conform with the terms of the Agreement. Failure to make such a claim within the stated period shall constitute an irrevocable acceptance of the Goods and an admission that they fully comply with all of the terms and conditions of the Agreement. Buyer expressly waives any right it may have to revoke acceptance after such three (3) day period.

7. DELAYS. Seller shall not be liable for any delays or failures in making shipments or deliveries caused by any contingency beyond Seller's control, or the control of Seller's suppliers or manufacturers, including without limitation failures or delays brought about by, caused by or in any manner arising from (i) labor conditions including strikes and shortages of labor, (ii) shortages of fuel, power, material or supplies, (iii) transportation delays, (iv) acts of God, fires, floods or weather problems, (v) damage to, or destruction in whole or in part of Goods, vehicles or manufacturing plants, (vi) accidents, or (vii) riots, government interference, embargos, regulations, war, insurrection or terrorist acts. The non-occurrence of the above contingencies with respect to Seller, its suppliers and manufacturers is a basic assumption of this agreement.

8. DELAY IN INSTRUCTIONS. Buyer agrees to furnish complete shipping instructions in such a manner as to reach the Seller at its main office ten (10) days before the date for any shipment specified herein.

Buyer's failure to so furnish complete shipping instructions shall, without notice, automatically extend the shipping date from day to day until the Buyer furnishes complete shipping instructions, or until the Seller exercises its right to terminate the Agreement.

9. RISK OF LOSS. Unless Buyer and Seller specifically agree in writing to modify the terms of Paragraph 2. (d), above, all risk or loss shall pass to the Buyer when Goods are delivered by Seller to the carrier. In the event that Buyer and Seller agree in writing that the Goods are sold f.o.b. destination, Seller’s responsibility for loss or damage terminates upon tender of delivery to Buyer by the carrier and the written acknowledgement and claims procedure provided for in Paragraph 4, above, shall be a precondition to any claim by Buyer for loss of damage in transit.

10. RETURNS. In no case are any Goods to be returned to Seller without first obtaining the written permission of Seller, which permission Seller may refuse to give at Seller's sole discretion. Only standard unused Goods as currently manufactured or inventoried by Seller which have been invoiced to Buyer within the previous ninety (90) days will be considered by Seller for return. Special items manufactured to order may not be returned under any circumstances. Goods which Seller accepts for return and credit will, in any event, be subject to a minimum handling and service charge of 25% plus all transportation charges. All returned Goods, if Seller accepts the return thereof, must in any case be securely packaged and shipped, freight prepaid, and the risk of loss shall remain with Buyer until the Seller actually receives the Goods.

11. DEFAULTS. In the event Buyer fails to comply with any of the terms of the Agreement or becomes bankrupt or insolvent or Buyer's financial condition becomes impaired or unsatisfactory to Seller, Seller may do any or all of the following: (a)Terminate the Agreement upon written notice thereof to Buyer without prejudice to Seller's rights to receive any amount then due under the Agreement; (b) Withhold all further deliveries under the Agreement; (c) require that Buyer pay for all future shipments in advance or provide other satisfactory security or guarantees to Seller that all existing and future invoices will be paid on or before their due dates; (d) Make partial shipments only to Buyer, which Buyer agrees to accept; (e) Recall any Goods then in transit and retake the same and repossess all Goods which may be stored with Seller in which case Buyer consents that all Goods so recalled, retaken or repossessed shall become the absolute property of Seller, provided that Buyer is given full credit therefor; (f) Upon written notice to Buyer revise the stated credit terms, if any, contained in this Agreement; (g) Without limitation, exercise any rights or remedies available to Seller under the Uniform Commercial Code as in force and effect on the date of the Agreement; or (h) Without limitation, exercise any other rights or remedies available to Seller under any applicable federal, state or local law.

12. ATTORNEY'S FEES. In the event of a default by Buyer of any of the terms or conditions of the Agreement, Buyer agrees to pay all costs of collection and enforcement incurred by Seller including, without limitation, Seller's reasonable attorney's fees and court costs.

13. RETENTION LIMITATION. Retention, if any is accepted by Pureflow Filtration Div., shall be limited to a maximum of ten percent (10%) of the contract price. All monies retained shall be paid, in full, upon successful “start-up” of the equipment supplied, or ninety (90) days after shipment of said goods, whichever date first occurs. The payment of monies retained under the terms of this paragraph is not conditioned upon any factors, issues, events or contingencies which are not specifically delineated in this quotation. The right of Pureflow Filtration Division to payment is NOT subject to any payment provisions enforced upon Buyer by the terms of any other contract with either Pureflow or a third party.

14. CONSEQUENTIAL / LIQUIDATED DAMAGES. The Buyer agrees that notwithstanding the form in which any legal or equitable action, proceeding or position may be brought or asserted by Buyer against Seller including without limitation claims based upon actual or alleged delays or breaches of warranty, that Seller's liability, if any, arising out of or in any way related to this Agreement, shall be limited to actual money damages in an amount not to exceed the total amount actually paid for the Goods by Buyer. Buyer further agrees that seller shall not, in any event, be liable for indirect, special, consequential or liquidated damages or penalties, whether based upon contract, warranty, tort, or negligence.

15. PROPRIETARY MATERIAL. All drawings, patterns, specifications, and information included in this proposal, and all information otherwise supplied by Pureflow Filtration Div. relating to the design, erection, operation, and maintenance of the goods, including filter media and all treatment processes, is the proprietary and / or confidential material or information of Pureflow Filtration Div. Purchaser shall not disclose such material or information to others or allow others to use such material or information without express written permission from an officer of Pureflow Filtration Div.

16. GOVERNING LAW / CONSENT TO JURISDICTION. (a) The terms and conditions set forth herein shall be construed under and in accordance with the laws of the State of California. The parties hereto consent to the jurisdiction and venue of any court of general jurisdiction in the Southeast District of Los Angeles County and the United States District Court for the Central District of California, with respect to any proceedings arising out of or in connection with the Agreement or any purchase hereunder, and further agree that mailing to either party by certified or registered mail shall constitute lawful and valid service of process. (b) No Waiver: No waiver by Seller of any default by Buyer shall be deemed a waiver of any subsequent default by Buyer. (c) Severability: Should any of the terms or conditions of the Agreement be declared invalid or unenforceable, it shall not affect the validity or enforceability of any of the remaining terms and conditions.

17. VALIDITY. The price quoted is firm for thirty (30) days, unless otherwise identified on the front of this quotation.

18. ERRORS. Pureflow Filtration Div. and Pureflow Ozone Div. of California Environmental Controls, Inc. reserves the right to correct or identify any scrivener’s errors including, but not limited to typographical, clerical or dictation errors, in the quotation without any liability to Pureflow Filtration Div. or Pureflow Ozone Div., of California Environmental Controls, Inc.

19. TECHNICAL ADVICE. Upon Buyer's request, Seller may furnish technical advice with reference to the use of the material sold hereunder, to such extent as Seller has such information conveniently available; however, it is expressly agreed that there is no obligation to furnish any such advice, and that if any advice or assistance is furnished, which will be without charge, it shall be given and accepted at Buyer's risk, and Seller shall not be responsible or liable for the advice or assistance given or results thereof.

20. WARRANTIES: Except as provided below, Seller warrants that equipment or parts thereof delivered hereunder meet Sellers' standard specification for the equipment or parts, or such other specifications as have been expressly made as part of this Agreement. Equipment and parts sold, but not manufactured, by Seller are warranted to the extent of the manufacturer's original warranty. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BUYER WILL MAKE NO WARRANTY OR MODIFY ANY EXISTING WARRANTY TO ANY CUSTOMER BEYOND ANY WARRANTY STATED BY SELLER'S SPECIFICATIONS. NO LIABILITY WILL RESULT TO EITHER PARTY FROM DELAY IN PERFORMANCE OR NON-PERFORMANCE CAUSED BY CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTY AFFECTED. THE MEASURE OF DAMAGES RECOVERABLE BY BUYER SHALL NOT EXCEED THE PURCHASE PRICE PAID BY BUYER TO SELLER. THIS IS BUYER'S SOLE REMEDY AGAINST SELLER. SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT OR PROSPECTIVE, CONSEQUENTIAL OR SPECIAL DAMAGES NOTWITHSTANDING THE FOREGOING. NO EQUIPMENT OR PARTS SHALL BE RETURNED WITHOUT INSTRUCTIONS FROM SELLER'S HOME OFFICE.

PF601.5

3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 2,500 GPM IRON AND MANGANESE

REMOVAL SYSTEM
SCOPE OF SUPPLY FOR INQUIRY P2405051
DATE: MAY 30, 2024
CLIENT
City of San Jacinto, CA
Grand Well Water Treatment Plant

REPRESENTATIVE
CALIFORNIA ENVIRONMENTAL CONTROLS, INC.
6739 WASHINGTON AVE.

WHITTIER, CA 90601
(800) 926-3426

CONSULTING ENGINEER
CIVILTEC ENGINEERING, INC.
118 W. LIME AVE.

MONROVIA, CA 91016
(626) 357-0588

3.A.6.a
Packet Pg. 42
Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 2 TABLE OF CONTENTS

1.0 INTRODUCTION....................................................................................................................................4

1.1 THE PUREFLOW REPUTATION...................................................................................4

1.2 THE TECHNOLOGY....................................................................................................4

2.0 DESIGN PARAMETERS...........................................................................................................................5

3.0 SCOPE OF SUPPLY.................................................................................................................................6

3.1 PRESSURE VESSELS...................................................................................................6

3.2 FILTER MEDIA..........................................................................................................6

3.3 VALVES ...................................................................................................................6

3.4 FACE PIPING ............................................................................................................6

3.5 INTERCONNECTING PIPING BETWEEN FILTERS...........................................................7

3.6 FLOW METERS .........................................................................................................7

3.7 FLOW CONTROL VALVES ..........................................................................................7

3.8 STATIC MIXER..........................................................................................................7

3.9 CHEMICAL FEED SYSTEM – SODIUM HYPOCHLORITE ..................................................7

3.10 BACKWASH WATER RECLAIM SYSTEM ......................................................................8

3.11 BACKWASH WATER SUPPLY SYSTEM.........................................................................9

3.13 FILTER SYSTEM CONTROL PANEL.............................................................................10

3.14 INSTRUMENTATION...............................................................................................10

3.15 SUBMITTALS..........................................................................................................10

3.16 OPERATION AND MAINTENANCE MANUALS............................................................10

3.17 START-UP, INSPECTION AND TRAINING...................................................................10

4.0 SUBMITTAL DELIVERY......................................................................................................................... 11

5.0 APPROXIMATE DATE OF DELIVERY...................................................................................................... 11

6.0 STANDARD EQUIPMENT AND PROCESS WARRANTY ...........................................................................11

7.0 FREIGHT ............................................................................................................................................. 11

8.0 PROGRESS PAYMENT TERMS .............................................................................................................. 11

9.0 EXCLUSIONS....................................................................................................................................... 12

3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 3 3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 4 1.0 INTRODUCTION
Established in 1973 in Whittier California, Pureflow Filtration Div. specializes in the removal of heavy metals, radionuclides, sulfides, and organics from drinking water supplies, industrial water sources, and process streams. With flow rates from 20 gpm to 10,000 gpm, Pureflow has designed and manufactured hundreds of treatment systems throughout the US, Canada, and Mexico.

1.1 THE PUREFLOW REPUTATION
Pureflow’s reputation is built on our commitment to produce the highest quality class of equipment in the industry, custom engineered, with unprecedented service that warrants long-standing relationships with our valued clients. The technology is unrivaled, and the quality is unsurpassed.

1.2 THE TECHNOLOGY
Pureflow offers a wide variety of proprietary and non-proprietary high-performance media and pretreatment oxidation technologies that are custom selected though a pilot study / bench scale process. Our robust systems are designed to be operator friendly and may not require filter media regeneration or replacement. Our inhouse built control panels offer sophisticated and intuitive design for a high level of safety, monitoring, and control of the complete water treatment system.

3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 5 2.0 DESIGN PARAMETERS
2,500 GPM IRON AND MANGANESE REMOVAL SYSTEM

FIELD DATA / RAW WATER QUALITY
DESIGN FLOW RATE 2,500 gpm
SYSTEM OPERATING PRESSURE 75 psi
pH 7.4
IRON (Fe) 500 ug/l
MANGANESE (Mn) 500 ug/l

SYSTEM DATA
MODEL NO. C-2500HD
NUMBER OF VESSELS 2 Two (2) online
FLOW RATE / FILTER VESSEL 1,250 gpm
VESSEL DESIGN PRESSURE 150 psi
VESSEL SURFACE AREA / FILTER 125 sq. ft.

FILTER LOADING RATE 10 gpm/sq. ft.

BACKWASH FLOW RATE / FILTER 2,500 gpm
BACKWASH RATE (AT 68° F) 20 gpm/sq. ft.

BACKWASH DURATION 4 minutes
BACKWASH VOLUME / FILTER 10,000 gallons
PURGE / FILTER 1,250 gpm
PURGE DURATION 1 minute
TOTAL BACKWASH + PURGE VOLUME - (2) FILTERS 22,500 gallons ESTIMATED BACKWASH INTERVAL (to be
confirmed by pilot study) 24 Hours

3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 6 3.0 SCOPE OF SUPPLY

3.1 PRESSURE VESSELS

ITEM QTY DESCRIPTION
1 2 HORIZONTAL FILTER VESSELS EACH INCLUDING THE FOLLOWING:
 ASME CODE, 150 psi DESIGN PRESSURE
 96” DIAMETER x 156” STRAIGHT SIDE SHELL
 INTERNAL EPOXY COATING (25-30 MILS), 100% SOLID, NSF 61  EXTERNAL EPOXY PRIMER (3-4 MILS).
 PVC SCH. 80 UPPER MANIFOLD HEADER AND LATERALS
 PVC SCH. 80 LOWER MANIFOLD HEADER
 316L STAINLESS STEEL WEDGE WIRE WRAPPED UNDERDRAIN LATERALS

3.2 FILTER MEDIA

ITEM QTY DESCRIPTION
2 2 FILTER MEDIA LOADS
 GRAVEL / GARNET SUPPORT MEDIA
 PUREFLOW PM200M CATALYTIC ADSORPTIVE MEDIA
 ANTHRACITE MEDIA

3.3 VALVES

ITEM QTY DESCRIPTION
3 10 BUTTERFLY VALVES, LUG-BODY, DUCTILE IRON BODY, SS DISK, NSF 61 EACH WITH

ELECTRIC ACTUATOR
4 2 3” MANUAL FILTER DRAIN VALVES
5 2 AUTOMATIC AIR / RELIEF VALVES, INCLUDING:
 MANUAL AIR VENT WITH VALVES AND S.S. PIPING

3.4 FACE PIPING

ITEM QTY DESCRIPTION
6 LOT FACE PIPING ASSEMBLY INSTALLED ON FILTER, INCLUDING TEES, SPOOLS, VALVES  ALL FUSION BONDED EPOXY LINED AND EXTERNAL EPOXY PRIMER

3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 7 3.5 INTERCONNECTING PIPING BETWEEN FILTERS

ITEM QTY DESCRIPTION
7 LOT TEES, ELBOWS, AND SPOOLS AS REQUIRED TO INTERCONNECT EACH FILTER  ALL FUSION BONDED EPOXY LINED AND EXTERNAL EPOXY PRIMER

3.6 FLOW METERS

ITEM QTY DESCRIPTION
8 2 10” ENDRESS AND HAUSER MAGNETIC TYPE EFFLUENT FLOW METER WITH TRANSMITTER, NSF 61
9 1 12” ENDRESS AND HAUSER MAGNETIC TYPE BACKWASH FLOW METERS WITH TRANSMITTER, NSF 61

3.7 FLOW CONTROL VALVES

ITEM QTY DESCRIPTION
10 2 10” EFFLUENT CLA-VALVE PILOT CONTROLLED, NSF 61
11 1 12” BACKWASH CLA-VALVE PILOT OPERATED, NSF 61

3.8 STATIC MIXER

ITEM QTY DESCRIPTION
12 1 WESTFALL MODEL NUMBER 2800, 14”, CPVC / HASTELLOY C WITH CORP STOPS,

SIMPLEX

3.9 CHEMICAL FEED SYSTEM – SODIUM HYPOCHLORITE

ITEM QTY DESCRIPTION
13 2 CHEMICAL FEED PUMPS, GRUNDFOS
14 1 CHEMICAL STORAGE TANK

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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 8 15 1 CHEMICAL STORAGE TANK LEVEL TRANSMITTER
16 LOT CHEMICAL FEED PANEL ASSEMBLY WITH MOUNTED CHEMICAL FEED PUMPS, BACK

PRESSURE VALVE, PRESSURE RELIEF VALVE, CALIBRATION COLUMN, AND PIPING

3.10 BACKWASH WATER RECLAIM SYSTEM

ITEM QTY DESCRIPTION
17 2 BACKWASH WATER RECLAIM PUMPS, 250 GPM @ 275 FT., 480V/3/60  One (1) Duty, One (1) Standby
18 LOT CHECK VALVE, SAMPLE COCK AND PRESSURE GAUGES
19 1 CARTRIDGE FILTER
20 1 FLOW METER
21 2 BUTTERFLY VALVES, LUG-BODY, DUCTILE IRON BODY, SS DISK, NSF 61 EACH WITH

ELECTRIC ACTUATOR
22 3 BUTTERFLY VALVES, LUG-BODY, DUCTILE IRON BODY, SS DISK, NSF 61 EACH,

MANUALLY OPERATED
23 LOT LOCAL CONTROL PANEL WITH VARIABLE FREQUENCY DRIVES FOR BACKWASH

RECLAIM PUMPS
24 LOT INTERCONNECTING PIPING, WELDED CARBON STEEL, FUSION BONDED EPOXY

INTERIOR, EPOXY COATED EXTERIOR
25 LOT ABOVE ITEM NUMBERS MOUNTED, ASSEMBLED AND WIRED ON AN EPOXY

COATED CARBON STEEL STRUCTURAL SKID
26 LOT CONTROL LOGIC AND HARDWARE
NOTE: PRICE DOES NOTE INCLUDE FIELD ERECTION OF THE BACKWASH RECLAIM TANK.

DESIGN AND CONSTRUCTION OF THE CONCRETE FOUNDATION SHALL BE BY OTHERS.

3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 9 3.11 BACKWASH WATER SUPPLY SYSTEM

ITEM QTY DESCRIPTION
27 2
BACKWASH WATER SUPPLY PUMP, 2,500 GPM @ 75 FT, 480/60/3  One (1) Duty, One (1) Standby
28 4 12” MANUAL BUTTERFLY VALVES
29 1 12” ELECTRICALLY ACTUATED BUTTERFLY VALVE
30 LOT CHECK VALVES, SAMPLE COCKS, AND PRESSURE GAUGES
31 LOT ABOVE ITEMS MOUNTED, ASSEMBLED, AND WIRED ON EPOXY COATED CARBON STEEL STRUCTUAL SKID.

NOTE: BACKWASH SUPPLY WATER SOURCE IS THE FINISHED WATER STORAGE TANK/RESERVOIR.

INTERCONNECTING PIPING (FROM FINISHED WATER TANK TO B/W SKID) BY GENERAL CONTRACTOR.

3.12 RESIDUAL SOLIDS FLUIDIZATION AND TRANSFER SYSTEM

ITEM QTY DESCRIPTION
32 1 FLUIDIZATION AND TRANSFER PUMPS, 480/60/3
33 LOT CHECK VALVE, SAMPLE COCK AND PRESSURE GAUGES
34 2 MANUAL BUTTERFLY VALVES
35 2 ELECTRICALLY ACTUATED BUTTERFLY VALVE
36 1 MAGNETIC TYPE FLOW METER WITH TRANSMITTER, NSF 61
37 1 FIXED RATE FLOW CONTROL VALVE
38 LOT ABOVE ITEMS MOUNTED, ASSEMBLE, AND WIRED ON ONE (1) EPOXY COATED CARBON STEEL STRUCTUAL SKID.
39 LOT CONTROL LOGIC
NOTE: PIPING, HARDWARE, GASKETS AND STAINLESS-STEEL NOZZLES FOR RESIDUAL SOLIDS MIXING

SYSTEM WILL BE SHIPPED LOOSE FOR INSTALLATION IN THE BACKWASH WATER RECLAIM TANK BY GENERAL CONTRACTOR.

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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 10 3.13 FILTER SYSTEM CONTROL PANEL

ITEM QTY DESCRIPTION
40 1 AUTOMATIC FILTER SYSTEM CONTROL PANEL, PLC OPERATED WITH 10” COLOR OIT MOUNTED IN NEMA 12 ENCLOSURE

3.14 INSTRUMENTATION

ITEM QTY DESCRIPTION
41 1 PH / CHLORINE RESIDUAL ANALYZERS, PANEL MOUNTED

3.15 SUBMITTALS

ITEM QTY DESCRIPTION
42 LOT ELECTRONIC SUBMITTAL DOCUMENTS, INCLUDING:
 DRAWINGS
 EQUIPMENT CUT SHEETS
 ELECTRICAL SCHEMATICS

3.16 OPERATION AND MAINTENANCE MANUALS

ITEM QTY DESCRIPTION
43 1 ELECTRONIC OPERATION AND MAINTENANCE MANUALS

3.17 START-UP, INSPECTION AND TRAINING

ITEM QTY DESCRIPTION
44 LOT START-UP, THREE (3) TRIPS, FIVE (5) ONSITE DAYS EACH TRIP 45 LOT INSPECTION AND TRAINING, TWO (2) TRIPS, ONE (1) DAY ONSITE EACH TRIP

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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 11 4.0 SUBMITTAL DELIVERY
10 to 12 weeks after receipt of purchase order. To be confirmed at time of order.

5.0 APPROXIMATE DATE OF DELIVERY
22 to 26 weeks after release to fabrication. Confirmed at time of fabrication release.

6.0 STANDARD EQUIPMENT AND PROCESS WARRANTY
Pureflow Filtration warranties equipment to be free from defects in material and workmanship for a period of 12 months after the date of acceptance, or 18 months from date of installation, whichever is sooner.

Pureflow Filtration further warrants the process to meet the conditions set forth in City of San Jacinto specification, section 2.1, Table 1, Iron and Manganese Treatment System Capabilities Requirements, “Target Effluent Criteria”, Iron (Fe) < No other express or implied warranty is given, and the seller makes no warranty of merchantability and there are no warranties which extend beyond the description on the face hereof.

7.0 FREIGHT
Freight-on-board shipping point Whittier, CA. Freight-Pre-Paid to job site.

8.0 PROGRESS PAYMENT TERMS
20% With purchase order or execution of contract.
25% Upon approval of the mechanical equipment engineering documentation submittal, or four (4) weeks from date of issuance of the mechanical equipment engineering documentation submittal, whichever occurs first. 30% Upon release to procurement / fabrication.
20% Upon equipment delivery to jobsite or thirty (30) days from ready to ship date, whichever occurs first.

3.A.6.a
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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) 12 5% Upon commissioning / operator training / client buy-off or six (6) months from ready to ship date, whichever occurs first.

9.0 EXCLUSIONS
Storage
Off-loading
Installation
Taxes
Permits, Fees, Tariffs
Interconnecting piping, tubing, pipe supports, anchor bolts, etc.

Field Wiring

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Attachment: Pureflow Proposal for New Grand Well Treatment Plant (Sole Source Equipping of New Grand Well Potable Water Treatment Plant) July 2, 2024
TO: City Council
REQUESTED BY: Craig Hayes,
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: City Manager Employment Agreement
RECOMMENDATION:

Staff recommends that the City Council authorize a new four-year contract with the City Manager Robert Johnson to provide City Manager services for the City, effective July 1, 2024.

DISCUSSION:

In 2019, the City Council approved a six-year contract extension with City Manager Robert Johnson. The contract requires the City Council to hold an annual performance review and provide an annual adjustment if the City Council determines the City Manager’s performance to be at least satisfactory.

On June 18, 2024, the City Council completed the City Manager’s performance evaluation and directed the City Attorney to negotiate a new four-year Employment Agreement with Mr.

Johnson based on certain terms (the “Employment Agreement”).

If approved, the Employment Agreement will be effective on July 1, 2024, and the salary adjustments will be retroactive to that date.

The Brown Act requires that prior to taking final action, the City Council shall orally report a summary of a recommendation for executive salary. The City Attorney will, therefore, provide an oral report of the proposed adjustment at the meeting.

FISCAL IMPACT:

Among other things, the Employment Agreement does the following:
• Salary
o City Manager’s base salary is $25,255.50 per month.
o A 4% annual salary increase beginning on July 1, 2025, and on each anniversary thereafter. An increase will be based upon the City Council’s finding in its most recent personnel evaluation that the City Manager has satisfactorily performed all job duties.
o A yearly Cost of Living Adjustment (“COLA”) of five (5) percent each City fiscal year.
• Fringe Benefits
o Time Off

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▪ City Manager will accrue 160 hours of vacation time per year on a pro-rata basis.
▪ City Manager will accrue 96 sick leave hours per year on a pro rata basis, up to a maximum of 960 hours, and City Manager may sell back up to 96 hours of sick leave at the end of each year as long as his balance of sick leave does not drop below 100 hours.
▪ City Manager will accrue 96 hours of management leave per year on a prorata basis, which will expire if not used within two (2) years of earnings and may not be cashed out.
▪ City Manager will receive 13 paid holidays.
o Retirement
▪ City Manager will be enrolled in the City’s retirement program through CalPERS as a “classic” CalPERS member under Tier II of the City’s contract with CalPERS, which provides for a retirement formula of 2% at 55. ▪ City Manager may participate in City’s deferred compensation plan, City will match the City Manager’s annual contribution effective July 1, 2024. ▪ After July 1, 2025, City Manager may retire and request to stay employed with City for a six (6) month period and help the City Council transition to a new city manager.
o Health/Dental/Vision Insurance
▪ City Manager will be eligible to enroll in the City’s health, dental, and vision plans to the same extent as and under the same terms of other management employees.
o Life Insurance
▪ City Manager will receive life insurance to the same extent as and under the same terms of other management employees, which includes coverage up to the amount of salary.
o Cafeteria Plan
▪ City Manager will be entitled to the non-health cafeteria benefit provided to management employees.
o Professional Membership
▪ The City Council may elect to pay for any professional memberships that are related to the City Manager’s duties or that otherwise benefit the City. o Automobile Allowance
▪ City Manager will receive an automobile allowance of $600 per month, or a portion thereof
o Cellular Phone Allowance
▪ City Manager will receive a cellular phone or a cellular phone allowance of $150 per month or a portion thereof.
• Severance
o 12 months’ salary
o Continuation of health benefits for 12 months or until finding other employment.

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ATTACHMENTS:

City Manager Employment Agreement (Robert Johnson - 2024)

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24438.00000\42409265.1
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EMPLOYMENT AGREEMENT

CITY MANAGER
THIS EMPLOYMENT AGREEMENT (“Agreement”) is entered into as of July 1, 2024 (the “Effective Date”), between the City of San Jacinto, a municipal organization organized under the laws of the State of California (“City”) and Robert A. Johnson (“City Manager” or “Employee”). City and City Manager are sometimes individually referred to as “Party” and collectively as “Parties.”

RECITALS
A. City and Employee entered into an Employment Agreement dated July 1, 2019, where Employee agreed to serve as City Manager of City, which was amended four times and terminates June 30, 2025 (collectively, the “Original Agreement”).

B. City and Employee now desire to enter into this Agreement, which shall terminate the Original Agreement on the Effective Date of this Agreement and supersede the Original Agreement.

I. TERM
The City hereby employs the Employee as City Manager commencing on July 1, 2024, and continuing through June 30, 2028 (“Term”). Upon expiration of this Term, this Agreement shall automatically renew for a period of one (1) year unless written notice expressing one Party’s intention to terminate this Agreement is provided to the other Party by June 30, 2027.

Following this initial automatic renewal period, this Agreement shall be automatically renewed for additional one-year periods on an ongoing basis unless written notice expressing one Party’s intention to terminate this Agreement is provided to the other Party no less than one year prior to the expiration of whichever one year period is in effect at that time.

II. SALARY
Employee shall be entitled to no salary or compensation (other than the fringe benefits set forth in Section IX below) except as stated in this Section II as follows:

Employee’s base salary shall be $25,255.50 per month, effective July 1, 2024. Employee shall be compensated on a pro rata basis of his base salary for the first and last months of his employment. Employee shall be paid pursuant to the procedures regularly established and as they may be amended by the City in its sole discretion.

On about July 1, 2025, and on each anniversary thereafter, the City Council shall consider, and when warranted award the Employee, an annual salary increase. Such increase shall be awarded at the City Council’s discretion, based on the City Council’s most recent personnel evaluation of Employee. Any salary increase shall be conditioned on the City Council’s most recent personnel evaluation resulting in a finding that Employee has satisfactorily

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Attachment: City Manager Employment Agreement (Robert Johnson - 2024) (City Manager Employment Agreement) 24438.00000\42409265.1
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performed all job duties. Each annual salary increase may be up to four (4) percent of Employee’s base salary at the time of such evaluation.

Employee shall receive a yearly Cost of Living Adjustment (“COLA”) of five (5) percent each City fiscal year.

Annual adjustments to salary shall be effective as of July 1 of the respective year of the adjustment. The annual adjustment shall not be implemented unless set forth in a written amendment to this Agreement, signed by both parties, that the City Council duly approves in an open session.

III. DUTIES
Employee shall perform the duties of the City Manager as prescribed by Section 2.12.060 of the San Jacinto Municipal Code. In addition to the powers and duties set forth in the Municipal Code, the City Manager shall have such powers and duties which are delegated to him by the City Council. The City Manager shall execute all powers and duties in accordance with the policies adopted by the City Council and the State of California Government Code.

IV. CITY MANAGER AND COUNCIL RESPONSIBILITIES
The City Manager shall be the Chief Executive Officer of the City. As such, the City Manager shall have the responsibility for implementing City Council policy, whereas the City Council shall retain the responsibility for formulating and adopting said policy.

The City Council and its members shall deal with the administrative services of the City only through the Employee, except for the purpose of inquiry. Neither the City Council nor any member thereof shall give orders to any subordinate of the Employee. Employee shall take direction only from a majority of the City Council as expressed at a duly noticed Brown Act meeting. Employee shall not be required to take direction from individual City Councilmembers or less than a majority of Councilmembers.

V. OTHER DUTIES
The City Manager (or his designee) shall: (1) review all policies proposed to the City Council and make appropriate recommendations to the Council; (2) periodically evaluate employees as provided for by California law and City policy; (3) advise the Council of possible sources of funds that might be available to implement present or contemplated City programs or services; (4) maintain and improve his professional competence by available means, including subscription to and reading of appropriate periodicals, and joining and participating in appropriate professional associations and their activities; (5) establish and maintain an appropriate community relations program; and (6) serve as liaison between the Council and as its designated representative with respect to all employer-employee matters, and make recommendations to the Council concerning those matters. Notwithstanding that a designee of the City Manager may perform said duties, the City Manager shall be the person ultimately

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responsible to the Council for the proper implementation of the duties and responsibilities described in this Agreement.

VI. OUTSIDE PROFESSIONAL ACTIVITIES
The Employee may undertake outside professional activities for compensation, including consulting, teaching, training, speaking and writing provided they do not interfere with Employee's normal duties and are done only during non-business hours, personal leave or holiday time of Employee and are not done with any existing vendors or contractors of the City.

Under no circumstances shall such outside activities create a conflict of interest with the duties of the City Manager and the interests of the City.

VII. EVALUATION
Employee shall meet with the City Council in closed session annually, beginning on or about July 1, 2025, to review the Employee's performance and to discuss the City Council's evaluation of said performance. It shall be Employee’s obligation to remind City Council of the need to conduct this annual performance evaluation. Additional closed sessions may be scheduled at the direction of the City Council to discuss the Employee’s performance as deemed necessary by the City Council.

VIII. TERMINATION
The Employee shall serve at the will and pleasure of the City Council and may be removed from office (terminated) at any time for any reason or no reason upon a majority vote of the City Council. Nothing in this Agreement shall prevent the City Council from terminating this Agreement and the services of the Employee at its sole discretion.

A. Termination without Cause
(i) Termination with Advance Notice. In the event Employee is terminated by the City without cause during the term of this Agreement, during which time Employee is willing and able to perform his duties under this Agreement, the City shall provide Employee with sixty (60) days’ written notice prior to the effective date of termination. Upon termination, City shall provide Employee with: (1) twelve (12) months’ salary; and (2) continuation of all existing health benefits currently offered the Employee, for the lesser of twelve (12) months or until Employee finds other employment, whichever occurs first. The salary and benefits shall be referred to collectively as “Severance Pay.” (ii) Termination without Advance Notice. In lieu of termination with notice as set forth in Subsection (i) above, the City may immediately terminate Employee from his employment without advance notice, in which case the Severance Pay shall be (1) twelve (12) months’ salary; and (2) continuation of all existing health benefits currently offered the Employee, for the lesser of twelve (12) months or until Employee finds other employment, whichever occurs first.

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(iii) In exchange for Severance Pay under either Subsections (i) or (ii) above, the Employee hereby expressly waives any right he may have under any applicable law, City policy, or otherwise to appeal or grieve his termination and the terms of this Agreement.

B. Termination for Cause
In the event that it is determined that the Employee has been terminated for cause, the Employee shall not be entitled to any Severance Pay. Termination shall be “for cause” if Employee: (i) acts in bad faith and to the detriment of the City; (ii) refuses or fails to act in accordance with any specific direction or order of the City Council; (iii) exhibits misconduct or dishonesty in regard to his employment or v) is determined to have mislead the City Council or engaged in any dishonesty during the application process or his interview with the City Council prior to his appointment as City Manager; (v) engages or is found to have engaged in any misconduct outside of his employment with the City that materially impacts the City’s reputation; or (vi) is convicted of either a misdemeanor that materially impacts the City’s reputation or Employee’s ability to perform his duties or felony crime. The removal of the Employee from office pursuant to this paragraph shall be only on a majority vote of the whole City Council. In case of his intended removal, the Employee shall be furnished with a written notice stating the City Council's intention to remove him and the reasons therefore, at least thirty (30) days before the effective date of removal. Within seven (7) days after the furnishing of the Employee of such notice, he may, by writing, addressed to the City Council and delivered to the City Clerk, request a hearing before the City Council. Thereupon, the Mayor shall fix a time for such public hearing. Such hearing shall be held at the usual meeting place of the City Council, before the expiration of the aforesaid thirty (30) day period and the Employee shall attend and be heard. After furnishing the Employee with written notice of his intended removal from office, the City Council may suspend him from further duty, but his compensation shall continue until his removal by motion of the City Council, duly made and passed following the close of the public hearing. This Section VIII of this Agreement is mutually agreed to by the City Council and Employee in lieu of Municipal Code sections 2.12.080(B), pursuant to San Jacinto Municipal Code section 2.12.100.

C. Resignation
If Employee desires to resign from his position, he will provide the City Council with at least sixty (60) calendar days' notice, in writing. In the event that the Employee resigns from his employment with the City, the Employee shall not be entitled to any Severance Pay.

Notwithstanding the foregoing, if Employee desires to resign from his position after July 1, 2025, Employee may request to stay employed with the City for a six (6) month period and help the City Council transition to a new city manager. In that case, the City will provide Employee with: (1) six (6) months’ salary; and (2) continuation of all existing health benefits currently offered the Employee. In exchange, the City Council may request City Manager to perform the following tasks: (1) choose an interim city manager to run the day to day operations of the City; and/or (2) run the city manager recruitment for a new, permanent city manager. During this six (6) month period, Employee will not be in the office at City Hall, but will be available on an as needed basis for consultation with the interim city manager, City

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Council, and/or city attorney, either at City Hall, by video, or at another location. If appropriate, the City Council may allow and pay for Employee to attend annual conferences such as Cal Cities, SCAG, ICSC, etc.

D. Abuse of Office
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply:
(1) if City Manager is provided with administrative leave pay pending an investigation, City Manager shall be required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense of City Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall be required to fully reimburse City such amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the termination that City Manager may receive from City shall be fully reimbursed to City or void if not yet paid to City Manager. 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. In addition to the salary and compensation in Section II, above, Employee shall be entitled only to the following fringe benefits:

IX. FRINGE BENEFITS
In addition to the salary and compensation in Section II, above, Employee shall be entitled only to the following fringe benefits:

A. Time Off
Employee shall be provided with paid time off as follows:
(i) Vacation time to be accrued on a pro rata basis each pay period at the rate of 160 hours per year.
(ii) Sick Leave accruing on a pro rata basis each pay period at a rate of 96 hours per year. Sick leave may accrue up to a maximum of 960 hours. Upon completion of two years of service with the City, Employee may sell back to the City up to 96 hours of sick leave at the end of each calendar year, provided that after selling back any sick leave, Employee still retains a balance of 100 hours.
(iii) Management leave accruing on a pro rata basis each pay period at a rate of 96 hours per year, which is in addition to sick leave and vacation time. Management leave time carries over for twelve (12) months and if not used during that period or the subsequent year, it expires. It may not be cashed out upon separation from employment. (iv) Paid holidays as follows: New Year's Day, President's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,

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Thanksgiving Friday, Christmas Eve, Christmas Day, and for each six month period or portion thereof one (1) floating holiday.

B. Retirement
Employee shall be enrolled in the City’s retirement program through CalPERS consistent with the City’s existing contract with CalPERS for such benefits and applicable law.

In this regard, it is understood that Employee will be a “classic” CalPERS member under Tier II of the City’s contract with CalPERS, which provides for a retirement formula of 2% at 55.

If Employee elects to participate in City’s deferred compensation plan, City will match the Employee’s annual contribution effective July 1, 2024.

C. Health/Dental/Vision Insurance
Employee shall be eligible to enroll in the City’s health, dental, and vision plans to the same extent as and under the same terms of other management employees.

D. Cafeteria Benefit (Non-Health)
Employee shall be entitled to participate in the non-health cafeteria benefit to the extent and under the same rules that said benefit is also provided to management employees.

E. Life Insurance
The City shall provide employee with life insurance to the same extent as and under the same terms of other management employees.

F. Professional Membership
Upon approval by the City Council, the City will pay dues for Employee’s membership in professional associations related to his position as City Manager or that are in the City’s interests.

G. Automobile Allowance
City shall provide Employee with an automobile allowance of six hundred dollars ($600) per month, or portion thereof.

H. Cellular Phone Allowance
City shall provide Employee with the use of a cellular phone or a cellular phone allowance of one hundred fifty dollars ($150) per month, or portion thereof. The cellular phone shall not be used by persons other than the Employee. The Employee may use the cellular phone for incidental personal purposes, consistent with the City's adopted electronic device policy or

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other applicable policies. The City shall also provide for maintenance, repair and replacement costs of said cellular phone, in accordance with City policy.

X. GENERAL PROVISIONS
A. Any modifications of this Agreement will be effective only if made in writing and signed by both the Employee and the City.

B. The salary and compensation set forth in Section II and the fringe benefits set forth in Section IX shall be the exclusive consideration provided to Employee under this Agreement. Employee shall not be entitled to any additional compensation, salary increases, or fringe benefits provided to any other city employees or bargaining groups unless this Agreement is duly amended to incorporate such provision.

C. All compensation, benefits and comparable payments to be provided to the Employee under this Agreement shall be less withholdings required by law. The compensation, benefits and comparable payments set forth in this Agreement shall be provided subject to any rules, regulations, agreements, or policies established for the City’s management group, as of the date of this Agreement.

D. This Agreement supersedes any and all other agreements, either oral or written, between the Parties hereto with respect to the employment of the Employee by the City and contains all of the covenants and agreements between the Parties with respect to the employment of the Employee by the City.

E. Each Party agrees and acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party.

F. If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

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Attachment: City Manager Employment Agreement (Robert Johnson - 2024) (City Manager Employment Agreement) 24438.00000\42409265.1
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CITY OF SAN JACINTO
By: ___________________________
Phil Ayala, Mayor
Dated: ___________________________
Attest: ___________________________
Julia Espinoza, City Clerk
Approved as to Form:
___________________________
City Attorney, Best Best & Krieger
ROBERT A. JOHNSON
By:

Robert A. Johnson
Dated: ___________________________

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Attachment: City Manager Employment Agreement (Robert Johnson - 2024) (City Manager Employment Agreement) July 2, 2024
TO: City Council
REQUESTED BY: Tom Prill, Deputy City Manager
APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: Ordinance No. 24-12 Granting a Franchise to Southern California Edison RECOMMENDATION:

Staff recommends that the City Council:

1. Hold the Public Hearing related to granting a franchise to SCE; and

2. Introduce Ordinance No. 24-12 for a first reading granting a franchise to SCE.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

JACINTO GRANTING A FRANCHISE TO SCE, AND DETERMINING

THE ORDINANCE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
DISCUSSION:

On April 18, 2002, the City Council of the City of San Jacinto (“City”) approved Ordinance 1096-02-03 granting to SCE, its successors and assigns, the franchise to use and to construct and use for transmitting and distributing electricity for any and all purposes, poles, wires, conduits, and appurtenances, including communication conduits and circuits, necessary or proper, therefore, in, along, across, upon, over and under the streets within the City, under and in accordance with the provisions of the Franchise Act of 1937. Ordinance 1096-02-03 provides that the franchise shall remain in force and effect for the term of twenty (20) years from the effective date unless sooner terminated, with the original expiration date of May 18, 2022.

On April 19 and May 3, 2022, the City Council approved Ordinance No. 22-05, extending for one year the franchise granted to SCE, to May 18, 2023. On May 2 and May 16, 2023, the City Council approved Ordinance No. 23-05, extending for one year the franchise granted to SCE, to May 18, 2024.

On June 4, 2024, the City Council approved Resolution No. 4033, which set the Public Hearing to grant the franchise to SCE for July 2, 2024.

The attached agreement is for another term of twenty (20) years, expiring in 2044.

FISCAL IMPACT:

The City will receive reimbursement of the public hearing publishing costs, as well as a minimal administrative fee, which will offset the costs of negotiating the franchise agreement.

ATTACHMENTS:

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Ordinance No. 24-12 - SCE Franchise

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Ordinance No. 24-12

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ORDINANCE NO. 24-12

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

CITY OF SAN JACINTO )

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

JACINTO, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA

EDISON COMPANY, ITS SUCCESSORS, AND ASSIGNS, A

FRANCHISE TO USE AND CONSTRUCT AND USE FOR

TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND

ALL PURPOSES, POLES, WIRES, CONDUITS, AND

APPURTENANCES, INCLUDING COMMUNICATION CONDUITS

NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON,

OVER, AND UNDER THE PUBLIC STREETS, WAYS, AND ALLEYS,

WITHIN THE CITY OF SAN JACINTO

RECITALS
A. California Public Utilities Code section 6201 et seq. authorizes cities to issue franchises to public utilities for the use of city streets for the provision of electricity.

B. On April 18, 2002, the City Council of the City of San Jacinto (“City”) adopted Ordinance No. 1096-02-03 granting a franchise to Southern California Edison Company (“SCE”) to use and construct poles, wires, conduits and appurtenances in, along, cross, upon, over, and under the City’s streets for the purposes of transmitting and distributing electricity within the City for a term of twenty (20) years.

C. SCE’s franchise expired on May 18, 2022.

D. On May 3, 2022, the City Council adopted Ordinance No. 22-05 extending SCE’s franchise for one (1) year expiring on May 18, 2023. On May 16, 2023, the City Council adopted Ordinance No. 23-05 further extending SCE’s franchise for one (1) year expiring on May 18, 2024.

E. SCE desires to continue to use City streets for the purposes of transmitting and distributing electricity and has agreed to enter into a new twenty (20) year franchise for such purpose.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES ORDAIN AS FOLLOWS:

SECTION 1. Definitions. As used in this ordinance, the following terms, words, phrases, and their derivations shall have the following meanings given herein:

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(a) “Act” shall mean the Franchise Act of 1937 set forth in California Public Utilities Code Section 6201 et seq.
(b) “Applicable law” shall mean all present or future federal, state, municipal, or local laws, rules, regulations, ordinances, codes, orders, permit requirements, judgments, injunctions, or decrees, or any judgment or order or decree by a court applicable to the Grantee or any of the Grantee’s facilities or activities not otherwise preempted by California or federal law. (c) “City” shall mean the City of San Jacinto, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form.
(d) “City Council” shall mean the City Council of the City of San Jacinto. (e) “City Engineer” shall mean the City Engineer of the City of San Jacinto, or designee.
(f) “Construct and use” shall mean to lay, construct, excavate, erect, install, operate, maintain, use, repair, replace, relocate, or remove and any such other rights conferred pursuant to the Act.
(g) “Effective date” shall mean thirty (30) calendar days from and after the adoption of this ordinance.
(h) “Facility” or “facilities” shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appurtenances, and any other property located or to be located in, over, under, along, across, and upon City streets, and used or useful, directly or indirectly, for the purpose of transmitting or distributing electricity for all lawful purposes including internal telecommunication purposes and a licensed telecommunication provider’s use of temporarily available capacity. (i) “Franchise” shall mean and include any authorization granted hereunder to use, and to construct and use, electric transmission and distribution facilities, including communication circuits, for transmitting and distributing electricity for any and all lawful purposes, under, along, across, and upon the City’s streets. (j) “Grantee” shall mean Southern California Edison Company (SCE) and its lawful successors or assigns.
(k) “Ordinance” shall mean this ordinance granting this franchise to Grantee, unless otherwise noted.
(l) “Streets” as set forth in Section 6202 of the Act shall mean the public streets, ways, alleys, and places as the same now or may hereafter exist within the City.

SECTION 2. Nature and Extent of Grant.

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(a) Grant of Franchise. The City hereby grants a franchise to Grantee, subject to the terms and conditions contained herein, a right, privilege, and franchise to use, and to construct, poles, wires, conduits, and appurtenances, including communication circuits necessary or proper therefor, for transmitting and distributing electricity for any and all lawful purposes, under, along, across, and upon City streets. The granting of this franchise shall not be construed to prevent the City from granting any identical or similar franchises to any entity other than Grantee. (b) Written Acceptance of Franchise. No later than thirty (30) days after the adoption of this ordinance, the Grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and a statement to comply with the terms and conditions hereof. This franchise shall be null and void if Grantee’s written acceptance is not filed within the time prescribed by this section. Such written acceptance shall constitute a continuing agreement by the Grantee that if and when the City later annexes, or consolidates with, additional territory, all franchises by the Grantee therein shall be deemed abandoned within the limits of the additional territory.
(c) Prior Franchises. This grant is made in lieu of all other franchises owned by the Grantee, or by any successor of the Grantee to any rights under this franchise, for transmitting and distributing electricity within the limits of the City, as the limits now or may hereafter exist, and the acceptance of this franchise hereby granted shall supersede all prior franchises within the limits of the City.

SECTION 3. Term. This franchise shall be for the term and period of twenty (20) years from and after the effective date of the Franchise. The franchise shall endure in full force and effect during the term unless (a) with the consent of the California Public Utilities Commission, this franchise shall be voluntarily surrendered or abandoned by the Grantee; (b) the State of California or some municipal or public corporation shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this franchise and situated within the territorial limits of the State, municipal, or public corporation purchasing or condemning such property; or (c) this franchise shall be forfeited for noncompliance with its terms by the Grantee.

SECTION 4. Franchise Fee; Verified Statement; City Costs and Fees; Audit.

Grantee shall have the following duties during the life of this franchise:
(a) Annual Payment. In accordance with California Public Utilities Code Section 6231.5, the Grantee shall pay to the City at the time and in the manner hereinafter specified, a sum which is equivalent to two percent (2%) of the Grantee’s gross annual receipts arising from the use, operation, or possession of this franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the Grantee’s gross annual receipts derived from the sale of electricity within the limits of the City; and further that in the event the California Legislature shall amend the Act to permit a franchise payment greater than the percentage formula specified herein, the franchise fee agreed upon herein shall be automatically changed to the level expressed by the Legislature in amending such Act.

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(b) Verified Statement. The Grantee shall file with the City Clerk, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of the Grantee derived during the preceding calendar year, or fractional calendar year, from the sale of electricity within the limits of the City and the method and supporting calculations used to calculate the franchise fee which are payable to the City in accordance with this franchise. (c) Payment of Franchise Fee. The Grantee shall pay to the City within fifteen (15) days after the time for filing its verified statement of gross receipts, in lawful money of the United States, the percentage specified in Section 4(a) above of its gross receipts for the calendar year or fractional calendar year, covered by the statement. The franchise fee due from the Grantee is delinquent if not received by the City on or before the due date during normal business hours.

Should the due date occur on a weekend or holiday, the franchise fee must be received by the City during the business hours of the first regular working day following the weekend or holiday.

If Grantee fails to remit the franchise fee on or before the due date, and the remittance is not cured by SCE within thirty (30) days written notice by the City, Grantee shall pay interest at the rate of two percent (2.0%) per month of any fraction thereof on the amount of the fee from the date on which the fee first became delinquent, until paid. Subject to Section 7 hereof, any neglect, omission, or refusal by the Grantee to file the verified statement or to pay the percentage at the times or in the manner hereinbefore provided shall constitute grounds for the declaration of forfeiture of this franchise and of all rights hereunder. (d) Publication Expenses. The Grantee shall pay to the City a sum of money sufficient to reimburse the City for all reasonable publication expenses incurred by it in connection with the granting of this franchise; such payment to be made within thirty (30) days after the City furnishes the Grantee with a written statement of such expenses. (e) Assessments. Payment of fees and costs made by Grantee to City pursuant to this section are in addition to, and exclusive of, any and all authorized taxes, levies, or assessments now in effect or subsequently adopted in accordance with applicable laws.

Execution of this Franchise does not constitute Grantee’s waiver of the right to contest the imposition of such assessments.
(f) Audit. The City may, at any time, upon reasonable notice and during normal business hours, but no more than once a year, request an audit of the Grantee’s accounting of the annual franchise fees paid to the City to confirm that the Grantee is accurately calculating the annual franchise fees paid to the City and that the Grantee is accurately reporting the Grantee’s gross receipts. Unless otherwise required by law, the City shall maintain confidentiality of all information provided by the Grantee to the City in connection with such audit that the Grantee has informed the City is confidential. Unless otherwise required by law, nothing herein shall be construed to require the Grantee to make available to the City, its officials, employees, agents, or other representatives information that constitutes private or confidential information pertaining to specific customers of the Grantee without the consent of such customers. All books and records of Grantee relating to the calculation of the franchise fee for any calendar year shall

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be maintained by Grantee for a period of at least four (4) years following delivery of the verified statement for such year. SCE shall reimburse the City for its actual and reasonable expense in performing an audit to the extent SCE has underpaid the City in excess of five percent (5%) of what was owed. To the extent such underpayment is below five percent (5%) or if SCE overpaid the City, the City shall be solely responsible for its audit cost.

SECTION 5. Construction, Installation, and Maintenance of Facilities. (a) Compliance with Ordinances/Rules/Laws. The Grantee shall construct, install, and maintain all poles, wires, conduits, and appurtenances in accordance and in conformity with all of the ordinances, resolutions, codes, and other rules and regulations adopted by the City of San Jacinto, in the exercise of its police powers and not in conflict with the paramount authority of the State of California or federal government, including but not limited to, any areas regulated by the California Public Utilities Commission and the Federal Energy Regulatory Commission (such as design of, access, and location of Grantee’s facilities) and, as to state highways, subject to the laws relating to the location and maintenance of such Facilities therein.
(b) Use of Streets. Any work performed under the authority of this franchise shall be done with the least possible hindrance to the use of the streets for the purposes of travel. As soon as such work is completed, all portions of the streets that have been excavated or damaged thereby, shall be placed in as good condition as the same were before the commencement of such work to the satisfaction of the City Engineer. In the event that Grantee fails or neglects to make such street repair, replacement or restoration work, then thirty (30) days after written notice therefore has been given by the City Engineer to Grantee, City may perform such work at Grantee’s cost. Grantee shall reimburse the City for all such costs within thirty (30) days of written invoice, plus the current rate of overhead charged by the City for all reimbursable work.

Grantee shall pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this Franchise. (c) Tunneling and Boring. Where it is necessary to lay any facilities underground through, under, or across any portion of a paved or macadamized street, the same shall be done by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street.

The City Engineer must approve any exception to this construction method. (d) Permits. Grantee shall not perform any work under this franchise without first obtaining all applicable permits from the City Engineer (including, but not limited to, an encroachment permit); provided, however, that such permits do not conflict with the paramount authority of the state, and further provided that in cases of emergencies affecting the public health and safety or the preservation of life and property, Grantee shall apply for such permits no later than the next business day. Permit fees shall reflect the City’s actual and reasonable cost for processing such permits. By entering into this Franchise, Grantee does not waive or release its right to contest the imposition of such fees as a substantial impairment of its Franchise rights or that such fees otherwise violate applicable law. City may grant to Grantee a blanket permit to carry out routine work affecting City streets.

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(e) Plans and Specifications. The City Engineer shall have the right to give the Grantee such directions for the location of Grantee’s facilities as may be reasonably necessary to avoid structures that are presently situated in or under the streets. (f) Hazardous Waste. In the event of a release of hazardous waste, as that term is defined in Section 1004(3) of the Resource Conservation and Recovery Act (RCRA) (42 USC § 6903(5)), by Grantee or from any pipes and appurtenances, Grantee shall immediately notify City, begin remedial work and pay for all related remedial costs incurred by Grantee and City. (g) Relocation of Facilities. As required by California Public Utilities Code Section 6297, the Grantee shall remove or relocate, at the request of the City, any facilities installed, used, and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct by the City, or any other street improvement of any kind required by the City or other legal entity of the City where acting in its governmental capacity and where cost allocation is not otherwise allocated to City or such other entity under law. Such relocations shall be prosecuted with reasonable diligence.
(h) Abandonment of Facilities. Grantee shall notify the City within thirty (30) days prior to any determination made by Grantee to abandon the use of any facilities of its intent either to abandon facilities in place, or remove all or a portion of the facilities. The Grantee may thereafter abandon or remove the pipes and appurtenances in accordance with such terms and conditions as may be imposed by the City Engineer.

SECTION 6. Indemnification. Grantee shall indemnify to the fullest extent permitted by law and defend and hold the City, and its City Council members, employees, consultants, agents, and representatives harmless from all liability for damages proximately resulting from any operations under the Franchise as set forth in Section 6296 of the Act.

SECTION 7. Insurance. Grantee shall provide and maintain in full force and effect proof of insurance or self-insurance reasonably satisfactory to City.

SECTION 8. Eminent Domain. This franchise does not in any way impair or affect the right of the City to acquire the property of the Grantee by purchase or condemnation, and nothing in this franchise shall be construed to contract away, modify or abridge, either for a term or in perpetuity, the City’s right of eminent domain in respect to the Grantee or any other public utility.

This Franchise shall never be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sum paid by it to the City therefore at the time of acquisition thereof.

SECTION 10. City Use of Facilities. In consideration of the right, privilege and franchise herein granted and subject to Grantee’s consent as described below, the City, by its properly authorized officials, officers, employees, agents and volunteers, ma: attach, suspend, maintain and use upon the poles of the Grantee in the streets of the City, any and all wires and attachments (collectively, “City Attachments”) therefore which the City may require for its internal fire alarm and/or police, telephone or telegraph signal system and service, and/or all wires for

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the automatic control of electric switches used in the operation of the water and sewer systems of the City. In no event shall City’s rights be apportioned to a third party and such systems shall be limited to the City’s use.

Prior to installing any City Attachment, City shall apply for Grantee’s consent on a form to be provided by Grantee. The Grantee may charge customary application review fees and line license fees and may further require City execute Grantee’s applicable Attachment agreement for use by third parties setting forth reasonable terms regulating the City Attachments. Grantee’s application review fees and line license fees shall be commensurate with Grantee’s practices as applied to any other third-party user. Grantee shall perform its review with reasonable diligence.

Any such City Attachment shall be erected, installed, maintained and operated in a good, safe and workmanlike manner, and in compliance with all laws of the State of California, and ordinances, resolutions, codes and other rules and regulations of the City, and the rules, regulations and orders of the California Public Utilities Commission, and any supplements thereto or revisions thereof, and Grantee’s operational or safety rules as applicable to such City Attachments and as may be amended from time to time.

SECTION 9. Assignment.
(a) To the extent permitted by applicable law, the Grantee shall not directly or indirectly sell, transfer, assign, or lease this franchise or any part thereof, except with the City Council’s written consent. The Grantee is put on notice that the City Council may elect to challenge the assignment of this franchise before the CPUC.
(b) Such sale, transfer, assignment, lease, or agreement shall be made by filing with the City Council a copy of the duly executed instrument of such sale, transfer, assignment, lease, or agreement and a written request for the consent of the City Council to such sale, transfer, assignment, lease or agreement. As a condition to the granting of consent to such sale, transfer, assignment, lease, or agreement, the City Council may impose such reasonable additional terms and conditions upon this franchise and upon the Grantee or assignee, which the City Council may deem to be in the public interest. Such additional terms and conditions shall be expressed by ordinance. The Grantee shall have no right to sell, transfer, assign, or lease this franchise, or any part thereof, except in the manner aforesaid, unless otherwise permitted by applicable law. This subsection applies to any assignment, whether by operation of law, by a voluntary act of the Grantee, or otherwise.

SECTION 10. Failure to Comply with Ordinance. If Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, or of the Act, as amended, in accordance with the provisions of which this Franchise is granted, and shall not within ten (10) days after the written demand for compliance, begin the work of compliance, or after such beginning, shall not prosecute the same with due diligence to completion, then the City may declare this franchise forfeited. The City may sue in its own name for the forfeiture of this franchise in the event of non-compliance by Grantee, its successors or assigns, with any of the condition hereof in conformance with the Act.

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SECTION 11. Compliance with Applicable Law. Until such time as (a) this franchise terminates, (b) the Grantee removes all of its facilities, and (c) the Grantee completes any necessary remedial work, the Grantee will comply with all applicable law.

SECTION 12. Severabilty. This ordinance and the various parts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. If any part, sentence, paragraph, section or clause of this ordinance, or its application to any person or entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section or clause of this ordinance, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this ordinance, or its application to other persons or entities.

The City Council hereby declares that this ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section or clause of this ordinance not been included herein; or had such person or entity been expressly exempted from the application of this ordinance.

SECTION 13. Notices. All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date either personally delivered to the address indicated below; or on the third (3rd) business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post office. Should City or Grantee have a change of address, the other party shall immediately be notified in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands, or requests between Grantee and the City shall be addressed as follows:

CITY: City of San Jacinto
Attn: City Manager
595 S. San Jacinto Avenue
San Jacinto, CA 92583
With A Copy To: Best, Best & Krieger LLP
Attn: Craig Hayes, City Attorney
74-760 Highway 111, Suite 100
Indian Wells, CA 92210
GRANTEE: Southern California Edison Company
Local Public Affairs
Attn: Franchise Department
2244 Walnut Grove Ave
GO 1, Quad 4C
Rosemead, CA 91770-3714

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With A Copy To: Southern California Edison Company
Local Public Affairs, Government Relations Manager
Address
Address
SECTION 16. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council. The City Clerk shall cause this Ordinance to be posted within fifteen (15) days after its passage in three (3) public places within the City.

PASSED, APPROVED, AND ADOPTED on July 16, 2024.

AYES:

NAYS:

ABSENT:

ABSTAIN:

CITY OF SAN JACINTO:
___________________________________
Phil Ayala, Mayor
ATTEST:
___________________________________
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
___________________________________
Craig Hayes, City Attorney

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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 Ordinance No. 24-12 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council of the City of San Jacinto at a regular meeting, held on July 16, 2024, by the following vote of the City Council:

AYES:

NAYS:

ABSTAIN:

ABSENT:

WITNESS MY HAND AND OFFICIAL SEAL this 16th day of July 2024. ________________________________
Julia Espinoza, City Clerk
City of San Jacinto

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Attachment: Ordinance No. 24-12 - SCE Franchise (Ordinance No. 24-12 Granting a Franchise to Southern California Edison)

San Jacinto City CouncilJuly 2, 2024

San Jacinto City Council
July 2, 2024