HomeMy WebLinkAbout03/14/2006 CC Reports
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RECOMM.l3NDATION: "
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',.B.eject~the cl~ims'l~d:~tt. ~~tlte ""
City Cl~ to se.lett~irifo~i~"
olllJimants 6fthis~isit)n.: ' "
Authorize theCity'Manager'to
execute the contracts with' Katz~
,Qkitsu & Associates fitld' Albert
Grove & Associates~ ' , '
'Agreemenfro provideAlgaecideServices~
REcoMMENDATION: "
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Autho!ize the ~YQtto S~gJl the '
agreement. ' '
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8. Award of Contract ",:'Stadi~ roofj~.
R,ECOMMENDATION:
9.
11.
12.
",rages ~'CityC~J;tdI'I\Jenda - Mamll4; 1006 ' '
, Faeilities'District N(). 2005-5
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(Villages at WassOn Canyon). '
'PJ'P~. iP\d~p.proving'tl1..~:n~~s, .
eJ~~te" ". 'No. r ZOn~:5j,PhMe2',."
. declatiug\ "', . irit~tl~fl toirlcrea$euSessmenis.and to]evY'an~;
'QOlleet~~~; .teJ:1llinmg tnutbese proceedittg$s~.\be\ta:keit .
pursuant td'~~ Lan4se8ping and u.gbt~g Act' of , "andth~ rujht
To Vote~']"ct,andoffering a time andplaeeforhearirig ,",
. objections.~'~e.tl). . . ' " " '
-..',-"'.-,_.,
Approve the En8iJl~~'s RepOrtfor
LLMI)No. I-Zone 5,' Phase 2.
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.,AdOptR~solution ~~20()6~31' "
dec~nithe int~ntipn:to~~~~ '
assessments forLLMD ,No: l...;;,zone
5,Phase'2.t' ",
. Schedule the p~blic,.h~aring.onthe
'assesslllentin~reas~ for April 11;
, 2006;
, ,
. AdgptResolution No. 2000.:38,
approving the Tentative Parcel Map
No~<33164. ' ,
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3 L ' Second 'Re84ing ~Qrdinance No. 1170 - AuthQrizitig~the~levy of a
. SPeci.at.,~' ~:Withm AnJiex1ittionMeaNo.17 (Summetly)'annexedto .
said Distiw~(: . " \
'Adopt Ordinance NQ~ 1 17(), upon
: .,second reading by title only.,
..,.
32.
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33. Second Rea4U1g:---:Or" ·
No..2005.;.O~. . "
34. Se~op.~Re"..
TitloJ7 :cf"jh
establishment
Elsinare.
35.
36.
PACE \ OF-1
r"
MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, DECEMBER 13,2005
*************************************************************
CALL TO ORDER
Mayor Pro Tern Schiffner called the Joint Study Session to order at 4:12 p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER
r"
ABSENT:
COUNCILMEMBERS: MAGEE
(Mayor Magee arrived at 4:12 p.m.)
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Information/Communications
Manager Dennis, Community Services Director Sapp, Community
Development Director Preisendanz, Senior Planner Harris, Associate Planner
Coury, City Engineer Seumalo, Building and Safety Manager Chipman,
Recreation/Tourism Manager Fazzio, Public Works Manager Payne, City
Treasurer Weber and Deputy City Clerk Soto.
DISCUSSION ITEMS
Mayor Pro Tern Schiffner gave an overview of the presentations; and confirmed
that the awardees would be present at the 7 :00 p.m. meeting.
r"
Agenda Item No. \ ~
page~Of ~
PAGE TWO STUDY SESSION MINUTES - DECEMBER 13, 2005
'-'
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1. Minutes.
Councilmember Buckley requested that the wording in Item 1 b of the minutes
on page 5 out of 13 should say "participating" in place of "voting".
City Attorney Leibold confirmed that was correct.
2. Warrant List - November 20,2005.
Councilmember Hickman requested clarification of various checks issued on
the warrant list. Staff clarified the items.
'-'
3. Resolution of Intention to Annex property into Community Facilities District
No. 2003-1 (Law Enforcement, Fire and Paramedic Services) authorize the
levy ofa special tax within Annexation Area No. 16 (TR 32129).
No comments.
4. Resolution initiating proceedings and approving the Engineer's report for the
Annexation of certain territory known as Tracts 30698 & 32129 into the City
of Lake Elsinore Landscape and Lighting District No.1, as LLMD
Annexation No.9 (TR 30698 & 32129), declaring the City's intention to order
the Annexation and to levy and collect assessments, determining that these
proceedings shall be taken pursuant to the Landscaping and Lighting Act of
1972 and the Right to Vote on Taxes Act, and offering a time and place for
hearing objections thereto.
No comments.
Agenda Item No. \ 0-
Page20f ).~
'-'"
r" PAGE THREE STUDY SESSION MINUTES - DECEMBER 13,2005
5. Resolution of Intention to Annex property into Community Facilities District
No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and to authorize
the levy of a special tax within Annexation Area No. 15 (La Strada).
No comments.
6. Resolution initiating proceedings and approving the Engineer's report for the
Annexation of certain territory known as Tract 32077 into the City of Lake
Elsinore Landscape and Street Lighting District No.1, as LLMD Annexation
No.8 (La Strada), declaring the City's intention to order the Annexation and
to levy and collect assessments, determining that these proceedings shall be
taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to
V ote on Taxes Act, and offering a time and place for hearing objections
thereto.
r-- No comments.
7. FinalMapNo.33191.
Councilmember Hickman inquired if the site would include manufactured
homes.
City Manager Brady indicated that he did not believe that they had come
through for design review for the item.
Councilmember Buckley inquired on the size of the lots.
Adobe Flats Land Company Representative confirmed that the lot sizes were
7,200 square feet.
8. Final Map No. 28214-4.
No comments.
r"
Agenda Item No. \ ~
Page~of~
PAGE FOUR STUDY SESSION MINUTES - DECEMBER 13,2005
'-'
9. Poe Street Pavement Rehabilitation Change Order No.2.
Mayor Magee inquired if the issues had been addressed regarding Richard and
Barbara Brown.
City Manager Brady indicated that the issues had been addressed.
Councilmember Hickman inquired when Franklin Street would be
rehabilitated.
City Manager Brady indicated that Franklin Street was a part of an unfunded
Capital Improvement Project. He said it could be reviewed as part of the mid-
year budget cycle.
Councilmember Buckley inquired if the money could be used to redo the road
in place of putting in the light that the Rodeo Ground had to pay for.
.....,
City Manager Brady stated that he would look into that idea.
Councilmember Hickman inquired on the exact location of the light to be
placed on Franklin Street.
City Engineer Seumalo indicated that the light would be placed on Main
Street and Franklin Street.
10. Alberhill Ranch Community Park Conceptual Design Approval.
Councilmember Buckley inquired if there were any baseball fields, or if there
were only soccer fields.
Community Services Director Sapp confirmed that there were only soccer
fields.
Councilmember Buckley inquired if that was due to the demographic or if
more soccer fields were needed.
Agenda Item No. \ Q.
Page--1-of~
'-'
;-- PAGE FIVE STUDY SESSION MINUTES - DECEMBER 13, 2005
Community Services Director Sapp indicated that more soccer fields were
needed.
Councilmember Kelley stated that at her last Boys and Girls Club meeting
there were two different concepts. She inquired what had happened to the
other concept.
Community Services Director Sapp indicated both concepts were reviewed,
and it was decided that Concept B was the better of the two. He stated that the
parking layout allowed better access to the fields.
Councilmember Kelley noted that the Committee looked at both concepts.
She noted that the Police Chief commented that by separating the buildings in
Concept B it would make it more difficult to patrol. She also noted that
Concept B put the recreation center closer to the homes. She inquired if there
~ was a baseball diamond located in the park.
Community Services Director Sapp stated that there was not a designed
baseball field, however; there was enough space allocated to play baseball if
someone were to come in and set up bases. He noted that he had a discussion
with the Police Chief who had indicated that when the community center was
designed there would be a substation incorporated into the community center.
Councilmember Hickman inquired if there were any walking trails located
within the park.
Community Services Director Sapp indicated that there would be a sidewalk
that encompassed the entire park.
Councilmember Buckley inquired if the Boys and Girls Club approved of
Concept B.
Councilmember Kelley indicated that they felt there were good qualities about
each concept. She noted that Concept B would be fine for the Boys and Girls
~ Club.
Agenda Item No. \ 0-
Page~Of )~
PAGE SIX STUDY SESSION MINUTES - DECEMBER 13,2005
."'"
11. Claims against the City.
Councilmember Buckley inquired if a number of claims having to do with
Corydon were on the County or City side.
Mayor Magee indicated that the claims did not specify if the claimant was
traveling east or west bound.
PUBLIC HEARINGS
21. Supplemental Environmental Impact Report (SCH No. 2005061033); General
Plan Amendment No. 2005-07; Amendment No.8 to the East Lake Specific
Plan No. 93-3; and Vesting Tentative Tract Map No. 34017.
Leonard Leichnitz, LUMOS Communities, stated that he had wanted to clarify
3 issues that had been brought up at the Planning Commission meeting. He
noted that the first issue had to do with scaling down Bundy Canyon Road from "'"
6 lanes to 4 lanes. He noted that the misconception had to do with John Laing
Homes building 6 lanes and that he was building 4. He noted that was not
correct. He indicated that Diamond Drive was 4 lanes and that it would be 4
lanes all the way through. He noted that it was in question where Bundy
Canyon Road would come through and if it would continue to go through the
back basin. He noted that was an issue that the GPAC was dealing with and
would be dealt with as part of the General Plan update. He stated that the
General Plan Amendment before Council would be modified to take out the
request to go from 6 lanes to 4 lanes.
City Engineer Seumalo confirmed that the General Plan required 6 lanes.
City Manager Brady confirmed that Diamond Drive would go through to Bundy
Canyon Road.
Councilmember Hickman inquired how the airport and motocross park would
be affected.
"'"
Agenda Item No. \ ~
Page~Of ;).<.p
~ PAGE SEVEN STUDY SESSION MINUTES - DECEMBER 13, 2005
Mr. Leichnitz stated that the other issue he wanted to address was the exact
alignment of Diamond Drive or Bundy Canyon Road through what was
currently a self-storage facility. He noted that his preferred alignment was
through Cereal Street. He explained through a series of meetings with the City
and County Transportation staff over the last 18 months that alignment was
rejected by technical staff since it resulted in a very tight curve. He stated that
the only way that the City and County Transportation staff would sign off on
the connection anywhere in that area was if it was brought to the south of that
property. He noted that was why the alignment went through the self-storage
facility instead of through Cereal Street.
Mr. Leichnitz stated where the airport and motocross park would be relocated.
Councilmember Hickman inquired if the alignment had any affect on Mr.
Vermillion's property.
,..-.
Mr. Leichnitz explained that certain people, including Mr. Vermillion, had
taken the position that they had a right to use Mr. Leichnitz's property as a taxi
way to get from their property down to the future airport. He explained that he
did not believe that they had any such right. He noted that he agreed to work
with Mr. Pribble on a lot line adjustment.
Mr. Leichnitz stated that the third issue he wanted to address had to do with the
water table. He stated the proposed location of the motocross tract was at an
elevation of approximately 1,235 feet. He stated that according to the drilling
and testing that he had performed to know where the water tables were
concluded that they were approximately 15-20 feet lower than that elevation.
He noted that the water table should not present a problem. He stated that the
area would be graded to a master detention basin.
Mayor Magee inquired if the road bed on Diamond Drive between Mission
Trail and Campbell Street was 80 feet.
City Engineer Seumalo confirmed.
"......
Agenda Item No. \ ()..
Page~Of~
PAGE EIGHT STUDY SESSION MINUTES - DECEMBER 13,2005
'-'
Mayor Magee noted that the General Plan requested 120 feet. He further
inquired if the City should ask for 120 feet the whole way to be consistent.
City Engineer Seumalo indicated that staff's recommendation required the
General Plan recommendation. He stated that if the GP AC updated and
reduced it, the street would be able to downsize.
Mayor Magee indicated that he had received a letter from Skydive Lake
Elsinore that noted they opposed the project. He inquired how many flights
occurred in a day at Mentor Aviation.
City Manager Brady indicated that he did not believe they had any flights. He
noted that Sky lark Airport was where all the flights originated.
Mayor Magee inquired if Mentor Aviation had a business license.
City Manager Brady indicated he would need to confirm if they had a business
license.
'-'
Mayor Magee indicated that a letter received from Mr. Vermillion indicated
that he had recently purchased an office trailer as temporary quarters to
reactivate his Skylark Travel Agency. He inquired if that was a permitted use
in the City.
Community Development Director Preisendanz indicated that he had not
received an application for that item.
Mayor Magee indicated that he was unable to locate the address of Dick Evans
at 31953 Corydon Street. He inquired if that address was a vacant lot. He
stated that the letter received was printed out on letterhead that noted Dick
Evans Transportation. He inquired if they had a business license.
City Manager Brady indicated he would need to confirm if they had a business
license.
'-'
Agenda Item No. \ D..
.
Page~Of ~~
~ PAGE NINE STUDY SESSION MINUTES - DECEMBER 13, 2005
Mayor Magee inquired if Mr. Leichnitz had decided whether or not he would
like to pay the fee, dedicate land, or build units with respect to the conditions of
approval for the 15% requirement for low/moderate income housing.
Mr. Leichnitz stated that he was open to any of those options. He noted that it
was his understanding that there was going to be a new in-lieu fee considered
by Council. He stated that he would like the opportunity to look at those
amounts to decide which course to take.
Councilmember Buckley inquired when the airport needed to be moved and if
there were any guarantees that they would be able to move.
Mr. Leichnitz stated that in terms of timing, it would depend on how long it
took him to process and design all of his grading plans. He noted that it was a
large and complicated project. He anticipated that the airport would need to
,- move in 6 to 9 months at the earliest. He stated that in terms that they would be
guaranteed to move, he stated that he was not in control of whether they would
have a place to go that would be timely ready for them.
Councilmember Buckley inquired if the current airport area could be graded
last.
Mr. Leichnitz indicated that it could not be graded last. He noted that he had a
written agreement with the motocross park, since it would be on his property,
which stated that he would organize his grading around trying to impact their
business as little as possible. He stated that since he had an agreement with the
motocross park to impact them as little as possible it would be difficult to do the
same thing at the same time with another recreational user.
Mr. Leichnitz stated that Mr. Pribble indicated that he would not be able to have
something built overnight, but he could grade a runway rather quickly. Mr.
Leichnitz stated that if Mr. Pribble could have access from where they were
over his property down to a temporary runway it would be a sufficient short-
term solution.
~
Agenda Item No. '\ CA
Page~of ~
PAGE TEN STUDY SESSION MINUTES - DECEMBER 13, 2005
....."
Mayor Magee stated that there had been some concern with the airport uses
since they were uncertain about where they were to go because of Mr.
Leichnitz's project. He noted that after tonight's meeting it was liable to have a
more clear understanding if the project should get approved. He noted that the
airport indicated that they had worked out a deal with the adjacent property
Mentor Aviation. He stated that there needed to be encouragement with the
Conditional Use Permit.
Councilmember Kelley stated that she thought the architectural design of Mr.
Leichnitz's project was very nice. She inquired if there had been a meeting
scheduled with Mr. Leichnitz, Mr. Perez and the City regarding Bundy Canyon
Road.
Mr. Leichnitz indicated that a meeting had not yet been scheduled.
Councilmember Kelley stated that she was extremely interested in finding out
the details of that future meeting with the County.
....."
Councilmember Buckley inquired about the current eminent domain powers.
City Attorney Leibold indicated that the Redevelopment Agency's eminent
domain powers had expired.
Councilmember Buckley inquired if the City had authority to condemn property
for public infrastructure such as roads.
City Attorney Leibold confirmed.
Councilmember Buckley inquired if the airport could be considered as a public
use for purposes of eminent domain.
City Attorney Leibold stated that a City could condemn property for a
public/municipal airport.
Community Development Director Preisendanz stated that Conditions of
Approval Nos. 7 & 51 needed to be revised.
......,
Agenda Item No. \ ()..
Page \0 Of k
r" PAGE ELEVEN STUDY SESSION MINUTES - DECEMBER 13, 2005
APPEALS
22. Appeal to City Council of Determination and Order of Abatement of Nuisance.
Tim Fleming, 17970 Lakeshore Drive, stated that he had followed the
manufactured home issue in the City for the past few years. He stated that he
had heard that it was mandated by the State of California to allow those types of
structures to be put in the City. He noted that the City had a developer who was
blatantly placing manufactured structures on vacant lots before any approvals
and stating that there was no code or Ordinance that stated manufactured
structures could not be placed on vacant lots. He asked Council to direct City
staff to come up with an Ordinance inhibiting the proliferation of manufactured
homes and to require that all the structures in question to be removed with lots
returned to their original conditions until the correct procedures were adhered
to.
,.........
Councilmember Hickman inquired if the property owner had any other
properties with manufactured homes other than 1411 Pottery Street and if they
were approved.
Community Development Director Preisendanz stated that he would need to
identify which lots and addresses those were. He noted that the lot involved in
the discussion was the one that was specifically tagged and identified as being
one that had never received any Planning Commission approval.
Councilmember Hickman inquired if the plans for the lot in discussion had been
misplaced.
Building and Safety Manager Chipman indicated that the plans were submitted
by the applicant for minor design review. He noted that the applicant had
attempted to use a base modular home and place it on 4 separate distinct lots.
He noted several of the lots were approved. He noted that the lot in discussion
never had approval but the applicant went ahead and placed the mobile on the
lot without any type City approval or permits.
,.........
Agenda Item No. \ ()..
Page~Of ~
PAGE TWELVE STUDY SESSION MINUTES - DECEMBER 13,2005
'-'"
Councilmember Buckley inquired on the process to appeal a nuisance.
City Attorney Leibold indicated that once the Nuisance Abatement Committee
held a hearing and made a determination the offender would have an
opportunity to appeal. She noted that the City Council would make the final
determination.
BUSINESS ITEMS
31. Commercial Design Review No. 2005-02 known as Lake Elsinore Ford.
Councilmember Buckley inquired if the Ford dealership would turn into a
Jeep/Chrysler dealership.
City Manager Brady confirmed.
Councilmember Buckley inquired on the number of parking spaces the current
location of the Ford dealership had.
'-'"
Mayor Magee inquired if the unpaved parking would cease upon approval of
the project.
City Manager Brady indicated that the project was going to be developed on the
majority of the area that was being used for unpaved parking. He stated that
there would still be parking on the street.
Councilmember Kelley indicated that the new dealership had 687 parking
spaces.
Eric Markinson, 18025 Skypark Circle, Irvine, stated he was the architect for
the project. He noted that there were two different tallies noted on the map. He
noted one of the numbers referred to the number of vehicles that could be stored
on site. He noted that the lower number referenced the required number for
parking per City standard. He stated that they were meeting a requirement for
service, parts, sales and employees for the entire project. He noted that they
'-'"
Agenda Item No. \ ~
Page~of2~
~ PAGE THIRTEEN STUDY SESSION MINUTES - DECEMBER 13, 2005
would be provide 265 striped parking stalls for the before mentioned and a total
availability to park over 600 vehicles on the site.
Councilmember Hickman inquired if Auto Center Drive was designated as a
two-lane roadway or a four-lane roadway.
City Engineer Seumalo indicated that the current General Plan circulation
element showed it as a four-lane roadway with a center median.
Councilmember Buckley inquired if they would be requesting a sales tax
reimbursement request.
City Manager Brady confirmed that they would be requesting one.
Councilmember Buckley suggested having that included as part of the Design
r-- Review.
City Manager Brady indicated that the sales tax reimbursement request would
be similar to what had been brought to Council in the past.
Mayor Magee noted his disappointment that the applicant would be requesting a
sales tax reimbursement agreement. He stated that the request was not noted
anywhere in the staff report.
32. Commercial Design Review No. 2005-06 for the project known as "Holiday Inn
Express Hotel".
Bill Dixon, 21067 Kimberly Court, stated that he had researched the item. He
handed out a packet to the Council of the items he had gathered as part of his
research. He noted the October 24, 2000 study session minutes which stated
that Councilmember Schiffuer clarified the restrictions of the Specific Plan.
Mr. Dixon then noted that the October 24, 2000 study session minutes stated
that Community Development Director Brady indicated that the Planning
r-- Commission had recommended elimination of all service stations, car washes,
Agenda Item No. \ ~
.
Page~Of ~~
PAGE FOURTEEN STUDY SESSION MINUTES - DECEMBER 13,2005
'-""
hotels and tenant type facilities within the area and was included as part of the
recommendations for commercial uses allowed within the zone.
Mr. Dixon also noted that the October 24,2000 study session minutes stated
that Community Development Director Brady had advised that the applicant
had indicated that the hotel and tenants issue was not a concern to him;
however, he would like the opportunity to develop a car wash and gasoline-
dispensing facility. Mr. Dixon stated that was an agreement made in the year
2000 for when Bill Kipp wanted to turn his land into residential/commercial.
Mr. Dixon stated that when Mr. Kipp acquired the land it was known as multi-
family residential. Mr. Dixon noted that was a unanimous agreement made by
Council with the residents who lived there at that time.
Mr. Dixon noted a traffic study performed that was named Canyon Creek
Specific Plan Amendment No.1. He noted that it was prepared by the City of
Lake Elsinore. He stated that the applicant was Abbacy Holding Company. He
noted that in summary the traffic study stated that in the year 2000 the ~
estimated traffic based on the conditions as they were, had indicated that in
2005 the road would become congested to a deep level. He noted that Caltrans
had grades that measured the level of service that were explained in the packet.
Mr. Dixon noted that the study indicated that once businesses were put into
place, Canyon Estates would have to be widened to a four-lane road to handle
the flow of traffic safely.
Mr. Dixon stated that he had hoped Council would have the opportunity to
review the information. He noted that he would be elaborating in detail on
specific issues at the 7 p.m. meeting.
Mayor Magee thanked Mr. Dixon for his comments.
Councilmember Hickman inquired if Council could overturn Planning
Commission's decisions on Conditional Use Permits.
City Attorney Leibold indicated that the Conditional Use Permit was a final
determination by the Planning Commission unless appealed. She noted that the
Agenda Item No. \ (),...
Page~of ?V
~
'" PAGE FIFTEEN STUDY SESSION MINUTES - DECEMBER 13,2005
CUP determination by the Planning Commission was not appealed. She noted
that what was before Council that evening was a Design Review. She indicated
that under the City's Municipal Code, the Design Review provided an
opportunity for a very broad of scope of review.
Councilmember Hickman inquired if elected officials were not able to overturn
something in a Commission which consisted of appointed people.
City Attorney Leibold indicated that the Planning Commission was a product of
the Municipal Code and of the California Government Code. She noted that
under the City's Municipal Code the Planning Commission was provided final
determination of Conditional Use Permits. She noted that the City of Lake
Elsinore provided fairly narrow authority to its Planning Commission. She
indicated that in some communities the planning commission is the final
determining authority on many land use entitlements unless appealed.
,-...
Councilmember Hickman inquired if the Planning Commission superceded the
decisions of the Council on Conditional Use Permits.
City Attorney Leibold indicated that Council, the applicant and anyone in the
community had an opportunity to appeal a Planning Commission action on a
Conditional Use Permit.
Councilmember Hickman stated that upon reading the paperwork he had
noticed that the Planning Commission had approved two hotels.
City Attorney Leibold indicated that the Specific Plan included a laundry list of
Conditionally Permitted Uses and a provision that allowed the Planning
Commission, by resolution, to add conditionally permitted uses that they
determine to be consistent and appropriate. She noted that the Planning
Commission identified hotel uses as a Conditionally Permitted Use on two sites
and issued a CUP for the development, establishment and operation of an actual
a hotel on site 1. She noted that any proposed use on site 2 in the future would
require a CUP.
'"
Agenda Item No. \ Q.,
Page r5" Of ~
--
PAGE SIXTEEN STUDY SESSION MINUTES - DECEMBER 13,2005
......,
Councilmember Kelley thanked Mr. Dixon for the information that he supplied.
She inquired if the action that the Planning Commission had taken put the
condition back in as a use.
City Attorney Leibold stated that the Planning Commission added hotels as a
Conditionally Permitted Use for two sites in the Specific Plan. She noted that
the Planning Commission issued the applicant a CUP for site 1.
Councilmember Kelley indicated that the minutes Mr. Dixon provided were not
an agreement but were actions that were taken.
City Attorney Leibold indicated that the adopted Specific Plan authorized the
Planning Commission, by resolutions, to add Conditionally Permitted Uses.
She noted that the Planning Commission took advantage of that provision in the
Specific Plan for 2 sites by adding hotel uses as a Conditionally Permitted Use.
She noted that any further project that fell within a Conditionally Permitted
Use, such as a hotel on site 2, would require a new Conditional Use Permit.
......,
Councilmember Kelley stated that what was before Council was only approval
for the design of the building and not whether a hotel was a permitted land use
to be placed there. She had noted that Council could have overturned the
Planning Commission's decision if one of them had filed an appeal in the
allotted time. She noted that no one on the Councilor any of the residents filed
an appeal.
Councilmember Buckley inquired if the actual project itself could be denied.
City Attorney Leibold indicated that the Planning Commission recommended
approval of the Design Review Application. She noted that a Design Review
looked to the specifics of proposed projects. She indicated that the CUP
provided an underlying permitted use based on certain conditions.
Councilmember Kelley inquired if the Council were to find any problems with
the design review, the remedy would be for the applicant to redesign or mitigate
those problems and then bring the same project back with those problems
answered.
Agenda Item No. \ Q
page~Of ~
......,
"'" PAGE SEVENTEEN STUDY SESSION MINUTES - DECEMBER 13, 2005
City Attorney Leibold confirmed that was correct. She noted that in the event
that Council did not approve the Design Review Application and the developer
objected to the conditions imposed by the Council, the applicant would have the
opportunity to apply for a new design review and start the process fresh with
the Planning Department and then on to the Planning Commission with the
recommendation to Council.
Councilmember Hickman inquired when the traffic study was conducted.
Community Development Director Preisendanz indicated that the traffic study
was done in 2000.
Councilmember Hickman commented on the amount of development that has
been completed since the year 2000. He inquired on why a traffic study from
the year 2000 was used since the area had expanded so rapidly.
/""'
Community Development Director Preisendanz indicated that the traffic study
considered the General Plan land use and the maximum capacity of land use at
the time. He noted that the traffic study was looking at the maximum build out
in the area. He noted that when they had looked at the use for the project they
considered the traffic generated from the hotel as compared to a permitted use
and it showed the hotel generated 1/3 less traffic. He noted that upon looking at
the traffic and the traffic study, it was not felt that it would generate enough
traffic to cause a problem or substantial change in the original environmental
situation.
Councilmember Hickman commented on the employees from the bank that
parked along Canyon Estates Drive. He noted the current traffic congestion in
the area and suggested that with the hotel there would be more congestion and
that people would be parking in the residential areas.
Community Development Director Preisendanz suggested that the bank
employees be kept on site and perhaps painting a segment of the curb to
prohibit parking.
r'-
Agenda Item No. \ 0-..
Page~Of )v;
PAGE EIGHTEEN STUDY SESSION MINUTES - DECEMBER 13,2005
....""
Councilmember Hickman inquired how truckers would be prevented from
coming in and parking.
Community Development Director indicated that there was no prevention in the
sense of truckers coming in. He noted that the hotel was a higher rent per night.
He noted that there was nothing to prevent truckers from going into the site. He
noted that a lot of the neighbors had complained about truckers coming in and
going through their neighborhood and going back out again. He stated that they
did speak to the applicant about posting a sign that stated no trucks or RVs
would be allowed.
Councilmember Hickman inquired if site 2 was going to be a hotel.
Community Development Director Preisendanz indicated that it had not come
through yet. He noted that the developer's intent was to concentrate hotel uses
on both sites. He noted that site 2 was not approved and that it still needed to
go through the Conditional Use Permit process and Design Review process. ....""
Councilmember Hickman inquired how long Mr. Preisendanz had known of the
project and why the GP AC was not aware of it.
Community Development Director Preisendanz indicated that the project was
an entitlement under the Specific Plan and not a General Plan land use
designation.
City Attorney Leibold noted that the General Plan provided the general
landscape in terms of land uses. She noted the implementation of those
designations with this project was by way of Specific Plan. She noted the
Specific Plan was the equivalent of a zoning enactment.
Councilmember Buckley commented on the discussion of the Specific Plan and
when things were supposed to go to the GP AC. He noted that the Specific Plan
did not allow hotels at that time. He suggested that every project with a CUP
should go to the GP AC.
Agenda Item NO.~
Page~ Of )J..p
....""
" PAGE NINETEEN STUDY SESSION MINUTES - DECEMBER 13,2005
Mayor Pro Tern Schiffner stated that the General Plan did not affect the
property. He noted that the Specific Plan did not deny hotels; it stated that it
took them off the normal approval.
Mr. Dixon stated that he provided both study session and City Council meeting
minutes in the packet he earlier distributed. He noted that the meetings both
said the same thing. He further noted that the Council minutes stated that the
Planning Commission recommended the elimination of the gas station
dispensing facility, hotels, car washes and public utility sub-stations. Mr.
Dixon stated that when Community Development Director Brady had asked the
applicant about Planning Commission's recommendation he stated they had no
problem with it. Mr. Dixon stated that with Council not being able to overturn
the Planning Commissions rules, the Planning Commission failed in two of the
burdens to supply residents with correct information on when the Planning
Commission meetings took place. He stated that the notice in the paper noted
~, an incorrect time of 7 p.m. Secondly, he stated that the sign that was posted
that was supposed to be there for 10 days, by law, had to be legible and correct.
He noted that the sign listed the wrong date. He stated that two of the three
burdens of proof failed. He indicated that because of the noticing, the meeting
never took place in the law's eyes. He stated that Council could overturn the
item at that point.
Mayor Magee referred to City Attorney Leibold and inquired if there was a
notification problem.
City Attorney Leibold stated that it was her understanding that there was not a
notification problem. She indicated that the Planning Department provided
mailed notice to a radius in excess of the required 300 feet. She indicated that
the mailed notice was sent to property owners within a 500-foot radius.
Community Development Director Preisendanz stated that the City was
required by the Development Code, by law, to notice through the newspaper.
He noted that the title company's certified assessor's list was utilized.
~
Agenda Item No. \ Q
Page~Of ~
PAGE TWENTY STUDY SESSION MINUTES - DECEMBER 13,2005
.....",
City Attorney Leibold inquired if the mailed notice was correct.
Community Development Director Preisendanz confirmed.
City Attorney Leibold inquired if the legal notice in the newspaper was correct.
Community Development Director Preisendanz confirmed.
Community Development Director Preisendanz stated that the only mistake
made was the billboard on the site which stated November 16, 2005. He stated
there was a notice posted on the billboard that showed the correct date. He
stated that they followed the proper noticing process.
Councilmember Hickman inquired how many notices were sent.
Community Development Director Preisendanz stated that he would need to
obtain that information. He stated that a notice was sent out to over a 1,000
foot radius for the 7 p.m. Council meeting.
...."
Councilmember Hickman inquired if Mr. Dixon received a notice.
Mr. Dixon stated that he did not receive a notice.
Councilmember Kelley inquired on the absence of Commissioner Francia and
Commissioner Gonzales at the November 15, 2005 Planning Commission
meeting.
City Manager Brady confirmed that was a typo.
City Attorney Leibold indicated that all members were present and all 3
resolutions and the CUPs had a 3-2 vote with Commissioner Francia and
Commissioner Gonzales casting the descending votes.
.....",
Agenda Item No. \ ~
Page ~u Of .;;2 ~
!""""P AGE TWENTY -ONE STUDY SESSION MINUTES - DECEMBER 13,2005
33. Improvement CreditJReimbursement Agreement for TUMF (Oak Grove
Crossing Shopping Center).
No comments.
34. Cooperation Agreement with Riverside County Flood Control and Water
Conservation District and Cambern and Central Investors; Implementation
Agreement with Cambern and Central Investors.
Councilmember Buckley stated that the agreement would cost the City a little
money and inquired if that was something that could be deducted out of the
reimbursement. .
City Attorney Leibold stated that the intent of the Implementation Agreement
was that the developer would undertake all of the responsibility for maintenance
;-- and operation of those improvements. She noted that if the developer failed to
take those obligations the City had a right to deduct those costs from the City's
payment under the Infrastructure Lease Agreement.
Mayor Magee inquired on the status of Costco.
City Manager Brady clarified that Costco was under construction and they had
pulled permits 2 weeks ago and should be open in May 2006.
George Etzel, 29315 3rd Street, stated that he lived 2 blocks from the Costco
shopping center. He noted that he had hoped that the City was doing the Costco
project right. He stated that the parking lots were at a 90 degree angle and very
difficult to maneuver in. He recommended using a 45 degree angle. He noted
that Council needed to make sure that all projects had a 45 degree angle for
their parking. He noted that changing the degree in the angle of parking spaces
would contribute to customer convenience and public safety.
".-
Agenda Item No. \ 0-.
page~ Of ;J..lP
PAGE TWENTY-TWO STUDY SESSION MINUTES - DECEMBER 13,2005
~
35. Affordable Housing in Lieu Fee Agreement and Inclusionary Housing
Conditions of approval.
Leonard Leichnitz, LUMOS Communities, indicated that the City Attorney had
clarified his question prior to the start of the study session.
Councilmember Hickman stated that the builders were not opposed to the $2.
He noted that they were asking to have a little more time to work with the
Committee. He suggested that the City take on the $3.50 and back track it until
March. He was informed that no other City in Riverside was collecting
Inclusionary Housing Fees.
Mayor Magee noted that part of the reason no one else had that kind of fee was
due to the fact that no one else had the amount of redevelopment area that the
City had. He indicated that the City fathers established a vast majority of the
City as redevelopment areas including vacant land. He noted that State Law
required that the City comply with the 15% rule. ....,
Mayor Magee stated that he had asked staff if the BIA had been notified. He
indicated that they said they were not notified and that they wanted more time.
He noted that they should be granted more time and a seat at the table.
Councilmember Buckley inquired if they were requesting more time to discuss
the fee or more time to discuss the next ordinance. He noted that he was okay
with the $2 and $3.50 and then bringing the BIA in to discuss how the final
Inclusionary Housing Ordinance would go forward.
Mayor Magee stated that he was okay with the individuals who had agreed to
the $2 fee he was okay with, anything else he was not.
City Attorney Leibold encouraged the Council to provide clear direction. She
noted that the RDA Advisory Committee had suggested $2 per square foot for
projects that had already been approved and had existing Conditions of
Approval. She noted that if they wanted to postpone any acceleration of that $2
Agenda Item No. \ ~
Page ~~ Of ;tlp
~
r"'P AGE TWENTY-THREE STUDY SESSION MINUTES - DECEMBER 13,
1005
per square foot then they needed to make clear whether or not they wanted the
$2 to apply to all projects coming in over the next 60 days.
Mayor Magee inquired how many residential projects were anticipated to come
before Council in the month of January.
Community Development Director Preisendanz indicated that he anticipated
only one project to come before Council at that time.
Mayor Magee inquired how many units the project would include.
Community Development Director Preisendanz indicated that he anticipated the
project to have 70 units.
~36. Annual Financial Reports for Fiscal Year ending June 30, 2005.
Mayor Magee stated that the City Treasurer had contacted him regarding his
concern with the timeliness of the delivery for the documents.
City Treasurer Weber indicated that he was given the documents that morning
around 10 a.m. He stated that he had not had time to thoroughly review the
information.
Mayor Magee inquired if City Treasurer Weber preferred to continue the Item
until the first meeting in January.
City Treasurer Weber indicated that he thought the Item needed to be approved
by December 31,2005.
Councilmember Buckley inquired if Council could adopt a motion that accepted
and then instructed the City Treasurer at the first meeting in January to come
back with a report of his comments on the document.
~
Agenda Item No. \U
Page a3 Of~
PAGE TWENTY-FOUR STUDY SESSION MINUTES - DECEMBER 13,
2005
'-tII
City Attorney Leibold stated that the requirement was that the City Treasurer
was provided the annual statement prepared by the auditors and an adequate
opportunity for comments.
Mayor Magee inquired if the City Treasurer was comfortable providing his
comments at the January meeting under the City Treasurer Comments section
of the agenda.
City Treasurer Weber stated that he would be okay with that.
37. Reorganization of City Council.
Councilmember Buckley inquired how the process for reorganization would
wo~. .
City Attorney Leibold indicated that the Council could convene as all three
bodies concurrently and run the items together.
""""'"
REDEVELOPMENT AGENCY
CONSENT CALENDAR
1. Minutes.
No comments.
2. Warrant List - November 30,2005.
No comments.
""""'"
Agenda Item No. \0
Page ~~ Of ~l.P
,........PAGE TWENTY-FIVE STUDY SESSION MINUTES - DECEMBER 13,2005
PUBLIC HEARING
3. Supplemental Environmental Impact Report (SCHNo. 2005061033);
General Plan Amendment No. 2005-07; Amendment No.8 to the East Lake
Specific Plan No. 93-3; and Vesting Tentative Tract Map No. 34017.
No comments.
BUSINESS ITEMS
4. Commercial Design Review No. 2005-06 for the project known as "Holiday
Inn Express Hotel".
No comments.
,........ 5. Commercial Design Review No. 2005-02 known as Lake Elsinore Ford.
No comments.
6. Annual Financial Reports for Fiscal year ending June 30, 2005.
No comments.
7. Affordable Housing in Lieu Fee Agreement and Inclusionary Housing
Conditions of Approval.
No comments.
8. Reorganization of the Redevelopment Agency.
No comments.
,-.,
Agenda Item No. \0-
Page ;;<';) Of ,}.. \P
PAGE TWENTY-SIX STUDY SESSION MINUTES - DECEMBER 13,2005
....,
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 5:57 P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
DARYL HICKMAN, CHAIRMAN
REDEVELOPMENT AGENCY
Respectfully submitted,
'-'"
MICHELLE SOTO, DEPUTY CITY CLERK
ATTEST:
FREDERICK RAY, CITY CLERK
Agenda Item No. \CL
Page ;2LP Of;2\....p
--
....,
~
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, DECEMBER 13,2005
******************************************************************
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Magee at 5 :00
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
~
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Development Director
Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources
Director Kilroy, Information/Communications Manager Dennis, Building &
Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief
Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray.
CLOSED SESSION
THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO
CLOSED SESSION AT 5:00 P.M.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
PLEDGE OF ALLEGIANCE
~ The Pledge of Allegiance was led by Mike Lewis.
AGiENOA ITEM NOoJ 6
". PAGE-L OF S"5"~:~
Page 2 - City Council Minutes - December 13,2005
INVOCA TION - MOMENT OF SILENT PRAYER
""""""
Mayor Magee led the meeting in a moment of silent prayer.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Development Director
Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources
Director Kilroy, Information/Communications Manager Dennis, Building &
Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief
Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray.
CLOSED SESSION
""
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't
Code S 54956.8)
Property: 32395 Corydon, Lake Elsinore, California (A.P.N. 370-120-045)
Negotiating parties: City of Lake Elsinore and The Cambridge Foundation
Under negotiation: price and terms of payment
b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov't Code
S 54956.8)
Property: A.P.N. 363-200-001
Negotiating parties: City of Lake Elsinore and Pardee Homes
Under negotiation: price and terms of payment
c. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to subdivision (b)
ofGov't Code S 54956.9: (1 case)
""""""
Agenda Item NO.1h-
Page 4.- of 55
Page 3 - City Council Minutes - December 13,2005
r-- CLOSED SESSION REPORT
City Attorney Leibold announced the Closed Session discussion items as listed
above. She noted that items a and b were discussed and there was no reportable
action. She also noted that item c was taken off calendar and there was no
reportable action.
PRESENTATION/CEREMONIALS
A.
B.
C.
D.
E.
/" F.
G.
H.
r--
Certificate of Recognition - Cornerstone Community Church
Certificate of Recognition - Elks Lodge
Certificate of Recognition - Elks Ladies
Certificate of Recognition - First Assembly of God
Certificate of Recognition - H.O.P.E.
Certificate of Recognition - Lake Elsinore Calvary Chapel
Certificate of Recognition - 81. Francis of Rome
Certificate of Recognition - VFW Post 1508
Councilmember Hickman called Kathy Marold, Joe Franco, Pastor Mike
Brisson, Kathy Early, and Pastor Fred Rodriguez forward for the
presentation. Councilmember Hickman commented that the individuals
represented organizations that volunteered to help H.O.P.E with preparing
the Thanksgiving dinners for the homeless and the elderly.
Pastor Brisson of Cornerstone Community Church commented that members
of the church community donated food items, money and time. He thanked
everyone involved. Kathy Marold thanked everyone involved.
Councilmember Hickman called Ron Hewison ofH.O.P.E., Richard
Gramata of the Elks Lodge and Wayne Ellsworth of the VFW Post 1508.
He commented that H.O.P.E. had given out 350 baskets for Thanksgiving.
He commented that Mr. Ellsworth and the VFW served meals at the
Agenda Item No.-L1-
pagel of SS
Page 4 - City Council Minutes - December 13, 2005
Diamond Stadium. He commented that Mr. Gramata and the Elks Lodge
served dinner at the Elks Lodge to over 400 people. .~
Mr. Ellsworth thanked the Council for the recognition.
Mr. Gramata thanked the Council for the recognition.
Mr. Hewison thanked the H.O.P.E volunteers and the partnerships with the
local church community and community organizations.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE
Deidre Person, 14605 Fair Oak Drive, commented on incidents in her
neighborhood. She noted that she had been before the Public Safety Advisory
Commission regarding the same issues. She indicated that her home was
burglarized, there was graffiti throughout her neighborhood and mailboxes were
being burglarized as well. She also noted that cars had been burglarized while
parked in driveways of the homeowners. She indicated that there would be a
Neighborhood Watch formed in her neighborhood. She commented that she
wanted assurance that the resources were being allocated appropriately. She
indicated that she was pleased to see that there were 3 additional officers added to ~
the Lake Elsinore Police Department.
Donna Franson, Lake Elsinore Citizen Committee, commented that their news
letter had been mailed to the residents. She noted that citizens were showing
concerns regarding the traffic issues within the City. She read a comment card the
Committee had received that offered a positive stand point on the growth of the
City.
Pete Dawson, 18010 Grand Avenue, commented on the Laing Home project in the
back basin. He reminded Council and the community that the golf course and club
house was to be completed prior to any dwelling occupancy.
Chris Hyland, Lake Elsinore, commented that she was against building in the back
basin. She indicated that she had attended a water conference in San Diego. She
commented that there were 8 earthquakes in the back basin. She also commented
that the levy would not keep a flood from occurring in the City. She noted that
there was a map that showed different land elevations in the back basin.
~
Agenda Item No.-1h-
page!1- of ~
Page 5 - City Council Minutes - December 13, 2005
"..... Ruth Atkins, Downtown Merchant Association, commented that the Open Air
Market would start in January 2006 and would take place on the 4th Sunday of
every month.
CONSENT CALENDAR ITEMS
The following items were pulled from the Consent Calendar for further discussion
and consideration:
Item Nos. 4 and 10.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED WITH MODIFICATION TO THE
MINUTES.
1. The following Minutes were approved:
a.
Joint City Council/Redevelopment Agency Study Session - October
11, 2005.
Regular City Council Meeting - October 25,2005.
Regular City Council Meeting - November 8,2005.
~
b.
c.
2. Ratified Warrant List for November 30,2005.
3. Adopted Resolution No. 2005-168 to Annex property from Annexation Area
No. 16 (TR 32129) into the CFD 2003-1 and Schedule the public hearing on
Annexation Area No. 16 (TR 32129) for January 24, 2006.
5. Adopted Resolution No. 2005-170 to Annex Property from Annexation Area
No. 15 (La Strada) into the CFD 2003-1. Schedule the public hearing on
Annexation Area No. 15 (La Strada) for January 24, 2006.
6. Approved Engineer's Report for Annexation No.8 (La Strada) to LLMD
No.1. Adopted Resolution 2005-171 to Annex into LLMD No. 11.
Schedule the public hearing on the District Formation for January 24,2006.
~
7. Approved Final Map No. 33191, subject to the City Engineer's acceptance
Agenda Item No.JkL
page-5-ofSL
Page 6 - City Council Minutes - December 13, 2005
as being true and correct. Authorized the City Clerk to accept all
dedications, sign the map and arrange for the recordation.
......,
8. Approved Final Map No. 28214-4, subject to the City Engineer's acceptance
as being true and correct. Authorized the City Clerk to accept all
dedications, sign the map and arrange for the recordation.
9. Approved Poe Street pavement rehabilitation Change Order No.2.
11. Rejected claims and directed the City Clerk to send letters informing the
claimants of this decision.
ITEM PULLED FROM THE CONSENT CALENDAR
4. Resolution initiating proceedings and approving the Engineer's report for the
Annexation of certain territory known as Tracts 30698 & 32129 into the City
of Lake Elsinore Landscape and Street Lighting District No.1, as LLMD
Annexation No.9 (TR 30698 & 32129).
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE ENGINEER'S REPORT FOR ......,
ANNEXATION NO.9 (TR 30698 & 32129) TO LLMD NO.1, ADOPT THE
RESOLUTION 2005-169 TO ANNEX INTO LLMD NO. 1. SCHEDULE THE
PUBLIC HEARING ON THE DISTRICT FORMATION FOR JANUARY
24, 2006.
10. Alberhill Ranch Community Park Conceptual Design Approval.
Councilmember Kelley called forward Bob Parmally and Tom Thomlason,
representatives of Castle & Cooke. She noted that they were instrumental in
bringing the Boys & Girls Club to Lake Elsinore. She requested that they
commented on the design of the park.
Mr. Parmally gave overview of the conceptual design. He indicated that
from an engineering and design concept standpoint they supported the
design before Council. He indicated that Castle & Cooke was committed to
completing the park by August 2006.
Councilmember Kelley commented that there would be a Police substation
located in the park. ......,
Agenda Item NO.lh-
page-k of ~
Page 7 - City Council Minutes - December 13,2005
~
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE ALBERHILL RANCH COMMUNITY
PARK CONCEPTUAL DESIGN.
PUBLIC HEARINGS
21. Supplemental Environmental Impact Report (SCH No. 2005061033);
General Plan Amendment No. 2005-07; Amendment No.8 to the East Lake
Specific Plan No. 93-3; and Vesting Tentative Tract Map No. 34017.
Mayor Magee introduced the item and opened the public hearing at 7 :25
p.m. Mayor Magee deferred to Community Development Director
Preisendanz.
~
Mr. .Preisendanz gave an overview of the item. He indicated that the project
went before the Planning Commission on December 6, 2005. He further
indicated that the Planning Commission was recommending approval of
Vesting Tentative Tract Map No. 34017. He also indicated that the Planning
Commission failed to make recommendation to the City Council regarding
adoption of Findings of Consistency with MSHCP, Certification of the
Supplemental Environmental Impact Report, General Plan Amendment No.
2005-07 and Amendment No.8 to East Lake Specific Plan
No. 93-3. He noted that staff was recommending that the Agency Board
concurred with City Council action to adopt the resolution for the MSHCP,
resolution for Certification of the Supplemental EIR, resolution for General
Plan Amendment No. 2005-07, Ordinance approving Amendment No.8 to
East Lake Specific Plan No. 93-3 and resolution approving Vesting
Tentative Tract Map No. 34017. He noted that there was a clarification
made during the Study Session, which staff had removed the proposal to
change the roadway classification of Bundy Canyon Road from an urban
anterior 120 foot right-of-way to a modified 4 lane 112 foot right-of-way.
~
Karl Gulledge, Skydive Elsinore, commented on the history of the airport.
He commented on the Laing Homes in the back basin. He noted that he was
in support of the LUMOS project. He indicated that the airport continued to
have a future. He indicated that the Council had always supported the
airport.
Agenda Item NO.~
page:J- 0[5 .C;-
Page 8 - City Council Minutes - December 13,2005
Thomas Mongolia, 33143 Marvell Lane, commented that he had been an
employee for the Lake Elsinore Motocross Park for the past 2 years. He ..,
expressed the importance of the park for the youth.
Joshua Leone, 33143 Marvell Lane, commented that he had been an
employee of the Lake Elsinore Motocross Park for the past 3 years. He
commented that the park provided him the opportunity to occupy his time
and help other people. He commented that he supported the development.
Krystal Carlson, 28755 Hapshire, Quail Valley, commented that she was
also employed by the Motocross Park and she was in support of the project.
Sarah Rennaker, 33805 Vino Way, commented that she was also employed
by the Motocross Park and the park had brought her family closer. She
noted that the park was fun for her family.
Randy Hiner, 4355 San Fermin, Temecula, commented that he was in
support of the LUMOS project. He felt that LUMOS was able to bring a
housing development to the City while keeping the recreational aspect in the
area. He noted that the Motocross Park would be relocated. He commented
that they would be located in a bowl type area and the noise and dust issue ..,
would be eliminated.
Tyson Burmeister, 3177 Shadow Canyon Circle, Norco, commented that he
was a professional motocross rider. He indicated that he attended the park 3
times per week. He commented that it allowed him to pursue his career. He
commented that he was in support of the project.
J.R. Worcester, 33805 Sweetwater Canyon Road, commented that he was in
support of the project. He noted that there was nowhere to ride if the track
was closed permanently.
Pete Dawson, 18010 Grand Avenue, commented that the East Lake back
basin should be reserved for non residential uses. He noted recreational uses
were perfect for that area. He noted that the project proposed homes in the
flood plains.
Thomas Grady, Lake Car Wash, commented on the project. He noted that
he had reviewed the plans, and the residential and recreational aspects were
complimentary. He noted that the project would be beneficial from an ..,
Agenda Item NO.~
Page~Of~
Page 9 - City Council Minutes - December 13,2005
",......
economic standpoint for the southern part of the City. He noted that he was
in support of the project.
Kim Cousins, Lake Elsinore V alley Chamber of Commerce President,
commented that the chamber and its Board of Directors were in support of
the project. He noted the project provided a buffer against residential
development. He noted that the airport and motocross were unique to the
community and needed to be protected. He noted that both facilities brought
large numbers of out-of-town visitors.
Leonard Leichnitz, LUMOS Communities, commented that he had spoken
to members of the community; and the response he received was that the
community wanted to preserve and enhance recreational opportunity in the
back basin. He noted the revisions made to their plans. He noted that their
plans were reduced by nearly 600 units than what the existing Specific Plan
reflected. .
Mayor Magee closed the public hearing at 7 :45 p.m.
/'"
Councilmember Buckley commented that he had opposed the Laing project
in the back basin area. He noted that there were issues with building in the
flood plains and he felt that nonresidential usage was better. He noted that
the project had a better design than the Laing project. He noted the
importance of the airport in the community.
Councilmember Hickman questioned the water table. Mr. Leichnitz
indicated that the water table fluctuated at different areas of the project. He
noted that it was at its highest in the residential area and they would be
adding another 12 feet of dirt; and it was at it lowest in the recreational area.
He noted the recreational area was the main concern.
Councilmember Kelley complimented Mr. Leichnitz on the architectural
design. She noted the Specific Plan before Council was a major
improvement.
Mayor Pro Tern Schiffner commented that with the project they were able to
establish a location for the airport and the park.
~
Mayor Magee commended Mr. Leichnitz on his approach of this project. He
noted that Mr. Leichnitz took the time to become familiar with the
Agenda Item NO.~
page!l-of S5
Page 10 - City Council Minutes - December 13, 2005
community and the concerns of the residents. He noted that the homes
would be built above flood plain elevation; and the recreational uses would "-'
be built below the flood plain elevation.
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-172 FOR
FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES
HABITAT CONSERVATION PLAN (MSHCP).
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-173 FOR
CERTIFICATION OF THE SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT (SCH NO. 2005061033)
MOVED BY KELLEY, SECONDED BY BUCKLEY, AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-174
APPROVING GENERAL PLAN AMENDMENT NO. 2005-07 WITH
MODIFICA TIONS TO CONDITION NOS 7 AND 51 TO ADD "UNTIL
MARCH 30TH, 2006.
MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT ......"
ORDINANCE NO. 1166, APPROVING AMENDMENT NO.8 TO THE
EAST LAKE SPECIFIC PLAN NO. 93-3.
ORDINANCE NO. 1166
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA
APPROVING AMENDMENT NO.8 TO THE EAST
LAKE SPECIFIC PLAN NO. 93-3, LOCATED SOUTH OF
MISSION TRAIL, WEST OF CORYDON STREET,
NORTH OF COMO STREET AND EAST OF THE
PROPOSED JOHN LAING HOMES PROJECT AND
KNOWN AS ASSESSOR'S PARCEL NOS. 370-020-003;
370-030-004, -006, AND -012; 370-040-036 THRU -038; 370-
070-001, -002, -004 THRU -006; AND -010; 370-080-009
AND -010.
UPON THE FOLLOWING ROLL CALL VOTE:
......."
Agenda Item NO.1k
PagejQ of SS
Page 11- City Council Minutes - December 13,2005
~
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
CONDITION OF APPROVAL
PLANNING DIVISION
1. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Officials, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Officials, Officers,
Employees, or Agents to attach, set aside, void, or annul an approval of the
,,- City, its advisory agencies, appeal boards or legislative body concerning
Amendment No.8 to the East Lake Specific Plan No. 93-3, which action is
brought within the time period provided for in California Government Code
Sections 65009 and/or 66499.37, and Public Resources Code Section 21167.
The City will promptly notify the Applicant of any such claim, action, or
proceeding against the City and will cooperate fully with the defense. If the
City fails to promptly notify the Applicant of any such claim or proceeding,
the Applicant shall not, thereafter, be responsible to defend, indemnify, or
hold harmless the City.
2. The City intends to file a Notice of Determination with the Riverside County
Clerk's office within five (5) business days from the approval of this map by
the City Council. The applicant shall forward to the Planning Department
secretary, a check made payable to the Riverside County Clerk, in the amount
of $914.00 to pay for the cost of such filing. This check shall be received by
the secretary no more than 48 hours from the approval by the Council.
3. The applicant shall comply with the Mitigation Monitoring Program (MMP)
adopted for this project, as printed with the certified Final Supplemental
,,- Environmental Impact Report (State Clearinghouse #2005061033).
Agenda Item No.1b-
pageJL of S5
Page 12 - City Council Minutes - December 13,2005
4. The applicant shall fund the implementation of the MMP through every stage
of development. The City shall appoint an environmental monitor who shall ...."
periodically inspect the project site, documents submitted by the applicant,
permits issued, and any other pertinent material, in order to monitor and report
compliance to the City until the completion of the project.
5. No Development Agreement by and between the City of Lake Elsinore and the
applicant has been recorded for this project.
6. The applicant shall sign and return an "Acknowledgment of Conditions" to the
Community Development Department within 30 days of approval.
7. The applicant shall submit 15 final revised copies upon approval of
Amendment No.8 to the East Lake Specific Plan No. 93-3.
a. The revised copies shall adjust all references to the total number of
dwelling units allowed in SPA #8 from 1,796 units to 1,668 units.
b. The revised copies shall adjust the Governing Statistical Table -
Amendment 8 Area, Appendix A, following Page VI-6.
...."
Revised by Staff, December 7, 2005.
8. The developer shall provide an educational interpretive sign program along the
open space areas for the benefit of families interested in the Multi-Species
Habitat Conservation Program.
9. Land uses allowed in the Specific Plan No.8 area shall comply with the
Department of Transportation Land Use Compatibility Guidelines.
COMMUNITY SERVICES DEPARTMENT
10. A water feature/lake on 5 acres is scheduled to be constructed as part of
Designation #2 in Figure 16 - Open Space Plan of the Amendment to the East
Lake Specific Plan No. 93-3. If City elects not to accept a lake within a public
park, the lake amenity will be eliminated from the park.
...."
Agenda Item NO..l.b-
page~of 55"
Page 13 - City Council Minutes - December 13,2005
,,- OTHER AGENCIES
11. The applicant shall comply with the requirements of the Riverside County
Flood Control and Water Conservation District, as detailed in their letter dated
May 17,2005
Attachment: RCFCWCD letter dated May 17, 2005
(End of Conditions)
MOVED BY KELLEY, SECONDED BY BUCKLEY, AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-175
APPROVING VESTING TENTATIVE TRACT MAP NO. 34017.
CONDITIONS OF APPROVAL
PLANNING DIVISION
1. Vesting Tentative Tract Map No. 34017 will expire two (2) years from date
,-. of approval unless within that period of time a final map has been filed with
the County Recorder, or an extension of time is granted by the City of Lake
Elsinore City Council in accordance with the Subdivision Map Act (SMA).
Additional extensions of time (36 months maximum time per the SMA) may
be granted with City Council approval. Should the developer choose to
phase the final map, he shall comply with this Condition, shall design the
phasing consistent with Amendment No. 8 to the East Lake Specific Plan
No. 93-3, and shall comply with the requirements of the SMA.
2. Vesting Tentative Tract Map No. 34017 shall comply with the State of
California Subdivision Map Act and shall comply with all applicable
requirements of the Lake Elsinore Municipal Code (Title 16), unless
modified by approved Conditions of Approval.
3. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Officials, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Officials, Officers,
Employees, or Agents to attach, set aside, void, or annul an approval of the
City, its advisory agencies, appeal boards or legislative body concerning
,- Vesting Tentative Tract Map No. 34017, which action is brought within the
time period provided for in California Government Code Sections 65009
Agenda Item No.lh
Page 11 of ss=.
Page 14 - City Council Minutes - December 13,2005
and/or 66499.37, and Public Resources Code Section 21167. The City will
promptly notify the Applicant of any such claim, action, or proceeding '-'
against the City and will cooperate fully with the defense. If the City fails to
promptly notify the Applicant of any such claim or proceeding, the
Applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City.
4. The City intends to file a Notice of Determination with the Riverside County
Clerk's office within five (5) business days from the approval of this map by
the City Council. The applicant shall forward to the Planning Department
secretary, a check made payable to the Riverside County Clerk, in the
amount of $914.00 to pay for the cost of such filing. This check shall be
received by the secretary no more than 48 hours from the approval by the
Council.
5. The applicant shall comply with the Mitigation Monitoring & Reporting
Program (MMRP) adopted for this project, as printed with Supplemental
Environmental Impact Report (State Clearinghouse No. 2005061033) for
Waterbury, unless superceded by these Conditions.
6. The applicant shall fund the implementation of the MMP through every ....."
stage of development. The City shall appoint an environmental monitor who
shall periodically inspect the projeGt site, the documents submitted by the
applicant, the permits issued, and any other pertinent material, in order to
monitor and report compliance to the City until the completion of the
project.
7. Conditions of Approval for Amendment No.8 to the East Lake Specific Plan
No. 93-3, and Conditions of Approval for previous amendments and the
original specific plan that pertain to this site as determined by the
Community Development Director, shall apply to Vesting Tentative Tract
Map No. 34017. The Community Development Director shall make his
determination prior to March 30, 2006.
Revised by the City Council, December 13, 2005.
8. Vesting Tentative Tract Map No. 34017 must comply with the Development
Standards for Amendment No.8 to the East Lake Specific Plan No. 93-3.
....."
Agenda Item NO.l.h-
Pageli of S"'5
Page 15 - City Council Minutes - December 13, 2005
,-. 9. The applicant shall sign and return an "Acknowledgment of Conditions" to
the Community Development Department within 30 days of the Vesting
Tentative Tract Map approval by the City Council.
PRIOR TO FINAL TRACT MAP:
IO.The applicant shall comply with all requirements of the Riverside County
Fire Department.
lI.All lots shall comply with minimum development standards approved with
Amendment No.8 to the East Lake Specific Plan No. 93-3. Wherever the
Specific Plan is silent, the standards of the most similar residential zone shall
apply.
I2.A precise survey with closures for boundaries and all lots shall be provided
per the LEMC.
13.Street names within the subdivision shall be approved by the Community
Development Director or designee prior to final map approval.
,........
I4.All of the improvements shall be designed by the developer's Civil Engineer
to the specifications of the City of Lake Elsinore.
IS.Prior to final map approval, the applicant shall initiate and complete the
formation of a homeowners' association approved by the City, recorded and
in place. All Association documents shall be reviewed and approved by the
City and recorded, such as the Articles of Incorporation and Covenants,
Conditions and Restrictions (CC & R's). The HOA shall be responsible for
the maintenance of all open space areas and maintenance easement areas
within the residential planning areas. The HOA shall maintain or shall
coordinate with the appropriate agency approved by the Community
Development Director or his designee, for such maintenance.
a. In the event that the Homeowners' Association fails to meet its
responsibilities with regards to the maintenance of open space areas,
the Lighting, Landscaping and Maintenance District shall
automatically provide such maintenance and assess the HOA for such
servIce.
,-.
Agenda Item NO.lb-
,e.: "'5
PageD of~
Page 16 - City Council Minutes - December 13, 2005
16.Alllettered lots shall be owned and maintained by the HOA or other entity
approved by the Community Development Director and so noted on the ~
Final Map.
17.The Final Map shall identify downslopes adjacent to streets as open space
lots maintained by the HOA or as HOAMaintenance Easements, or
maintained by another entity approved by the Community Development
Director. HOA Maintenance Easements shall be planted, irrigated and
maintained by the HOA.
PRIOR TO GRADING AND BUILDING PERMITS:
18.All future structural development associated with this map requires separate
Design Review approval.
19.The applicant shall submit for review and approval by the Community
Development Director a Phasing Plan that shows primary, secondary and
construction access.
20.The City's Noise Ordinance shall be met during all site preparation activity.
Construction shall not commence before 7 :00 a.m. and shall cease at 5 :00 .....,
p.m., Monday through Friday. Construction activity shall not take place on
Saturday, Sunday or any legal holidays.
21.Upon violation by the applicant of the City's Noise Ordinance or Condition
of Approval #20, the applicant shall cease all construction activities and
shall be permitted to recommence such activities only upon depositing with
the City a $5,000 cash deposit available to be drawn upon by the City to
fund any future law enforcement needs that may be caused by potential
project construction violations and the enforcement of the City's Noise
Ordinance and Condition of Approval # 17. The applicant shall replenish the
deposit upon notice by the City that the remaining balance is equal to or less
than $1,000.
22.Prior to the issuance of a grading permit, the applicant shall have a
burrowing owl survey prepared by a licensed biologist, and submitted to the
Community Development Department.
.....,
Agenda Item NO.Lh-
pageJhof~
Page 17 - City Council Minutes - December 13,2005
~
23.Prior to the issuance of a grading permit, the applicant shall prepare a
Determination of Biologically Equivalent or Superior Preservation (DBESP)
report and submit the report to the Community Development Department.
24.Prior to the issuance of a building permit, the applicant shall pay the City's
Multiple Species Habitat Conservation Plan Local Development Mitigation
Fee in effect at that time.
~
25.Prior to the issuance of any building permit for the Project, Developer shall
enter into an agreement with the City and the Redevelopment Agency of the
City of Lake Elsinore to provide (a) 15% of the units constructed in the
Project as affordable housing units in accordance with the requirements of
Section 33413(b)(2) of the California Community Redevelopment Law
(Health & Safety Code Sections 33000 et seq.), or (b) an alternative
equivalent action as determined by the City which may include (without
limitation) dedication of vacant land, construction of affordable units on
another site, or payment of an in lieu fee at the rate of $2.00 per square foot
of assessable space for each dwelling unit in the Project. For purposes of
this condition, "assessable space" means all of the square footage within the
perimeter of a residential structure, not including any carport, walkway,
garage, overhang, patio, enclosed patio, detached accessory structure, or
similar area. The amount of the square footage within the perimeter of a
residential structure shall be calculated by the building department of the
City in accordance with the standard practice of the City in calculating
structural perimeters.
Revised by the City Council, December 13, 2005.
26. The applicant shall comply with the requirements of the Lake Elsinore
Unified School District under the provisions of SB 50, wherein the owner or
developer shall pay school fees or enter into a mitigation agreement prior to
the issuance of a certificate of compliance by the District.
27.The applicant shall provide connection to public.sewer for each lot within
the subdivision. No service laterals shall cross adjacent property lines and
shall be delineated on engineering sewer plans and profiles for submittal to
the Elsinore Valley Municipal Water District (EVMWD).
~
Agenda Item NO.~
pagel 1 of SS
Page 18 - City Council Minutes - December 13,2005
28.All storm drains are to be maintained in accordance with the cooperative
agreement with the Riverside County Flood Control and Water Conservation """
District.
29. The developer shall submit plans to the electric utility company to layout the
street lighting system. The cost of street lighting, installation, and energy
charges shall be the responsibility of the developer and/or the Association
until streets are accepted by the City. Said plans shall be approved by the
City and installed in accordance with City Standards.
30.The applicant shall meet all requirements of the providing electric utility
company.
31. The applicant shall meet all requirements of the providing gas utility
company.
32. The applicant shall meet all requirements of the providing telephone utility
company.
33.A bond is required guaranteeing the removal of all trailers used during
construction. """
34.All signage shall be subject to Planning Division review and approval prior
to installation.
35.Landscape Plans for the tract shall:
a. Include vegetative screening of retention basins and service roads
consistent with that depicted in Amendment No.8 to the East Lake
Specific Plan No. 93-3.
b. Include street landscaping design consistent with previously approved
plans for Diamond Drive/Bundy Canyon Road.
36.Any alterations to the topography, ground surface, or any other site
preparation activity will require appropriate grading permits. A Geologic
Soils Report with associated recommendations will be required for grading
permit approval, and all grading must meet the City's Grading Ordinance,
subject to the approval of the City Engineer and the Planning Division.
Analysis of impacts of fills and cuts greater than sixty feet (60') shall be """
Agenda Item NO.lb.-
pagel! of SS
Page 19 - City Council Minutes - December 13,2005
,.....
provided. Interim and permanent erosion control measures are required. The
applicant shall bond 100% for material and labor for one (1) year for erosion
control landscaping at the time the site is rough graded.
PRIOR TO DESIGN REVIEW:
37.Elevation drawings for Design Review shall include four-sided architectural
features for both the first and second story. The applicant may submit to the
Community Development Director or his designee, for review and approval,
evidence that a particular elevation is hidden from public view and not
visible due to elevation changes. In those instances, to be determined by the
Community Development Director or his designee on a case-by-case basis,
this condition may be waived.
38.S10pes on individual lots that are in excess of three feet in height shall be
installed, landscaped and irrigated by the developer prior to issuance of a
Certificate of Occupancy.
39.Downslopes adjacent to streets in the residential areas shall be maintained by
/"" the HOA.
40.A detailed fencing plan shall be required for review and approval during the
Design Review process.
41.A detailed lighting and street furniture plan shall be submitted to the
Community Development Director for review and approval.
42.A detailed phasing plan shall be required for review and approval during the
Design Review process.
a. Construction phasing plans shall include the location of construction
fencing for each phase.
b. Construction phasing plans shall indicate primary and secondary access
and the location of all utilities for each phase.
,-
c. Construction phasing plans shall be designed to avoid construction traffic
from entering occupied neighborhoods to the greatest extent possible. For
safety purposes construction phasing plans shall also be designed such
that new residents can avoid traveling through construction areas.
Agenda Item NO.-l1-
pageii of ~
Page 20 - City Council Minutes - December 13,2005
ENGINEERING DIVISION
......"
43.Applicant shall implement the on- and off-site improvements shown on
Table 3.10-9 of the Final SEIR for Waterbury. The off-site improvements
required in the "Without Project" columns are assumed to be constructed by
others and/or through TIF or TUMF programs. To the extent that these
improvements are not constr5ucted by others, the applicant shall provide the
"Without Project" improvements subject to a reimbursement agreement with
the City.
44.Applicant shall construct a traffic signal and intersection enhancements at
the intersection of Diamond Drive (Bundy Canyon Road) and Corydon
Street. The alignment shall be coordinated through the Engineering
Division.
45.Applicant shall align Street "B" to align with Olive Street.
46.Applicant shall construct the extension of Diamond Drive through the
project. The cross section shall conform to the recommendations in the
approved traffic study.
"
47.As part of the intersection widening at Diamond Drive and Corydon Street,
Applicant shall construct a median on Diamond Drive which extends 300-
feet north of the intersection at Corydon. The median shall accommodate
left turn traffic traveling from Diamond Drive onto Corydon and align with
the proposed alignment of Bundy Canyon Road.
48.Some improvements shown on the map and/or required by the conditions
contained herein, are located off-site on property which neither the
developer nor the City has sufficient title or interest to permit the
improvements, without acquisition of title or interest. The developer shall
make a good faith effort to acquire the required off-site property title or
interest. If unsuccessful, the developer shall enter into an agreement with the
City to complete the improvements pursuant to the Subdivision Map Act,
Section 66462.5. Such agreement shall provide for payment by the
developer of all costs incurred by the City to acquire the off-site property
title or interests required in connection with the subdivision.
......"
Agenda Item No.~
pagedQ of 55
Page 21 - City Council Minutes - December 13, 2005
.,-... 49.Intemal streets as shown on Vesting Tentative Tract Map No. 34017 shall
comply with the approved roadway cross sections shown in the traffic study
document.
50.Per Ordinance 1105 as interpreted by the Flood Plain Administrator, the
minimum top of foundation elevation shall be 1267. No pad shall be
constructed below this elevation unless approved by the City Engineer. Also
per Ordinance 1105, imported fill from beyond Corydon, Mission Trail,
Lakeshore Drive, Riverside Drive or Grand Avenue shall not be allowed.
51. Applicant shall comply with the regulations stipulated in Amendment No. 8
to the East Lake Specific Plan No. 93-3, as well as regulations approved
with the East Lake Specific Plan and its previous amendments that are not
covered by SPA #8 but pertain to the site as determined by the Community
Development Director. The Community Development Director shall make
his determination prior to March 30, 2006.
Revised by the City Council, December 13, 2005.
,-...
52.Intersecting streets shall comply with minimum Caltrans required sight
distance.
53.Each phase of construction shall have two operational, all weather roadways
as approved by the Fire Department.
54.Applicant shall process Roadway vacations for Elsinore Road, Cereal Street
as configured within the project. The Vacation shall be processed in
conjunction with this final map.
55.Drainage currently flowing into this project shall continue to be accepted
into the open space areas.
56.All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to final map approval.
57.All Capital Improvement, Mitigation and Plan Check fees shall be paid
(LEMC 16.34, Resolution 85-26).
,-...
Agenda Item No.Jb-
pageaJ of 5' S
Page 22 - City Council Minutes - December 13, 2005
58.A "Will Serve" letter shall be submitted to the City Engineering Division
from the applicable water agency stating that water and sewer arrangements """""
have been made for this project. Letter shall be submitted prior to Final Map
Approval.
59.All public works improvements shall be constructed per approved street
plans (LEMC 12.04 and 16.34).
60. The applicant shall be responsible for making such changes as may be
required to access the properties currently fronting Cereal Street adjacent to
Corydon Street, to accommodate the proposed alignment of Diamond Drive.
61.Applicant shall enter into an agreement with the City for the construction of
public works improvements and shall post the appropriate bonds prior to
final map approval.
62.Applicant shall pay all fees and meet requirements of an encroachment
permit issued by the Engineering Division for construction of public works
improvements (LEMC 12.08 and Resolution 83-78).
63.All compaction reports, grade certifications, monument certifications (with ~
tie notes delineated on 8-1/2" x 11" Mylar) shall be submitted to the
Engineering Division before final inspection of public works improvements
will be scheduled and approved.
64.Applicant shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners prior to final map approval.
65.Arrangements for relocation of utility company facilities (power poles,
vaults, etc.) out of the roadway or alley shall be the responsibility of the
property owner or his agent.
66.Applicant shall provide fire protection facilities as required in writing by
Riverside County Fire.
67.Applicant shall provide street lighting and show lighting improvements as
part of street improvement plans as required by the City Engineering
Manager.
"""""
Agenda Item NO.~
pageaJor S 5
Page 23 - City Council Minutes - December 13,2005
,,-.. 68.Applicant shall install blue reflective pavement markers in the street at all
fire hydrant locations.
69.Applicant shall submit a traffic control plan showing all traffic control
devices for the tract to be approved prior to final map approval. All traffic
control devices shall be installed prior to final inspection of public
improvements. This includes "No Parking" and "Street Sweeping" signs for
streets within the tract.
70.All improvement plans and tract maps shall be digitized. At Certificate of
Occupancy applicant shall submit tapes and/or discs which are compatible
with City's ARC Info/GIS or applicant to pay $300 per sheet for City
digitizing.
71.All utilities except electrical power .lines greater than 12KV shall be placed
underground, as approved by the serving utility.
~
72.Applicant shall obtain a grading permit with appropriate security prior to
building permit issuance. A grading plan signed and stamped by a California
Registered Civil Engineer shall be required if the grading exceeds 50 cubic
yards or the existing flow pattern is substantially modified as determined by
the City Engineering Manager. In the event grading is less than 50 cubic
yards and a grading plan is not required, a grading permit shall be obtained
so that a cursory drainage and flow pattern inspection can be conducted prior
to grading.
73.Applicant shall provide soils, geology and seismic report including street
design recommendations. Provide final soils report showing compliance
with recommendations.
74.An Alquist-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site. In the event the
project is unaffected by any fault zone, developer shall provide a document
certified by a licensed Geotechnical Engineer or Licensed Geologist
identifying the site as being outside the fault zone.
75.All grading shall be done under the supervision of a Geotechnical Engineer
and he shall certify all slopes steeper than 2 to 1 for stability and proper
r-- erosion control. All manufactured slopes greater than 30 feet in height shall
be contoured.
Agenda Item No.~
Page~ of S5
Page 24 - City Council Minutes - December 13,2005
76.1ndividual lot drainage shall be conveyed to a storm drain facility and
conveyed to the public storm drain system. Any non-historic storm flows ...",;
shall not be accepted without a notarized and recorded letter of drainage
acceptance from the affected property owner(s) or conveyed to a drainage
easement.
77.0n-site drainage facilities located outside the road right-of-way shall be
contained within drainage easements shown on the final map. A note should
be added to the final map stating: "Drainage easements shall be kept free of
buildings and obstructions".
78.All natural drainage traversing the site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City
Engineering Manager.
79.Applicant shall submit Hydrology and Hydraulic Reports for review and
approval by the City Engineer and the Riverside County Flood Control
District prior to approval of final map. Applicant shall mitigate any flooding
and/or erosion caused by development of the site and diversion of drainage.
80.All drainage facilities in this tract shall be constructed to Riverside County
Flood Control District Standards.
'-'
81. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal
dumping in the drain system, the wording and stencil shall be approved by
the City Engineering Manager.
82.Roof and yard drains will not be allowed to outlet through cuts in the street
curb. Roof drains should drain to a landscaped area whenever feasible.
83.Ten-year storm runoff shall be contained within the curb and the IOO-year
storm runoff shall be contained within the street right-of-way. If either of
these criteria is exceeded, additional drainage facilities shall be installed.
84.Applicant shall be subject to all Master Planned Drainage fees. Staff will
review the potential for fee credit for all Master Planned Drainage facilities
constructed.
85.Applicant will be required to install BMP's using the best available
technology to mitigate urban pollutants from entering the watershed. ~
Agenda Item No.1h-
pagedfl of li
Page 25 - City Council Minutes - December 13, 2005
r--
86.Applicant shall obtain approval from Santa Ana Regional Water Quality
Control Board for their storm water pollution prevention plan including
approval of erosion control for the grading plan prior to issuance of grading
permits. The applicant shall provide a SWPPP for post construction which
describes BMP's that will be implemented for the development, including
maintenance responsibilities.
87.Educational guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of herbicides,
pesticides, fertilizers as well as other environmental awareness education
materials on good housekeeping practices that contribute to protection of
storm water quality and meet the goals of the BMP in Supplement "A" in the
Riverside county NPDES Drainage Area Management Plan.
88.Applicant shall provide for first flush BMP's using the- best available
technology that will reduce storm water pollutants from parking areas and
driveway aisles.
r-- 89.Intersection site distance shall meet the design criteria of the CAL TRANS
Design Manual (particular attention should be taken for intersections on the
inside of curves). If site distance can be obstructed, a special restricted use
easement must be recorded to limit the slope, type of landscaping and wall
placement.
90.Riverside County Fire Department shall approve width and radii of private
streets and the length and configuration of hammerhead turnarounds prior to
final map approval.
91.In accordance with the City's Franchise Agreement for waste disposal and
recycling, the applicant shall be required to contact with CR&R Inc., for
removal and disposal of all waste material, debris, vegetation and other
rubbish generated during cleaning, demolition, clear and grubbing or all
other phases of construction.
COMMUNITY SERVICES DEPARTMENT
92.Developer to pay park fees of $1,600 per unit. The park fee shall be subject
r--- to credits for park dedication and construction and, to the extent such credits
exceed the total park fees payable, the City shall reimburse applicant from
Agenda Item No_-1b-
Page~ of ~
Page 26 - City Council Minutes - December 13,2005
other park fees collected from future development within the East Lake
Specific Plan." ~
93.Developer will be required to participate III the "Public Facility" fee
program.
94.All interior landscape, recreation areas, facilities and/or open space to be
maintained by the HOA. No park credits shall apply.
95.If the Community Center is to be a private facility, no park credits will be
gIven.
96.HOA to maintain all parkway and common landscape areas.
97.HOA to maintain all natural and manufactured slopes.
98.HOA to maintain all drainage facilities and structures.
99.HOA to maintain all catch basins, collectors, v-ditches or any other related
flood control or storm water control device.
"-III
100. Developer to participate in the City-wide LLMD.
101. Developer to annex into LLMD District I for all exterior landscaping to be
maintained by the City.
102. Developer to comply with all City Ordinances regarding construction
debris removal and recycling as per Section 8.32 of the Lake Elsinore
Municipal Code.
103. Developer to provide the City with an inventory of all street signs, street
markings, street trees and total square footage of all streets in a digital
format acceptable to the City.
104. City to review and approve all park development and implementation plans.
105. City's Landscape Architect to review all landscape and/or irrigation plans.
~
Agenda Item No.1b-
Page-<:tbof ~S
Page 27 - City Council Minutes - December 13, 2005
/""" 106. City to maintain the detention basin only. HOA to maintain all catch
basins, collectors, v-ditches or any other related flood control or storm
water control device.
107. A water feature/lake on five acres is scheduled to be constructed as part of
Designation #2 in Figure 16 - Open Space Plan of the Amendment to the
East Lake Specific Plan No. 93-3. If City elects not to accept a lake within
a public park, the lake amenity will be eliminated from the park.
108. A twelve-acre sports park will be located in Designation #3 of Figure 16 -
Open Space Plan of the Amendment to the East Lake Specific Plan No. 93-
3. The sports park improvements shall be included as Faze 1, or as soon as
utilities are available to initiate construction of the site. Utilities shall
include all wet and dry services.
109. The park plan to be designed by the developer and approved by the City
prior to construction.
DEPARTMENT OF ADMINISTRATIVE SERVICES
/"""
Annex into CFD 2003-1
110. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or
Special Use Permit (as applicable), the applicant shall annex into
Community Facilities District 2003-1 to offset the annual negative fiscal
impacts of the project on public safety operations and maintenance
issues in the City.
Annex into LLMD No.1
Ill. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or
Special Use Permit (as applicable), the applicant shall annex into Lighting
and Landscape Maintenance District No. 1 to offset the annual negative
fiscal impacts of the project on public right-of-way landscaped areas to be
maintained by the City and for street lights in the public right-of-way for
which the City will pay for electricity and a maintenance fee to Southern
California Edison.
/"""
Agenda Item NO.~
page~Of~~
Page 28 - City Council Minutes - December 13, 2005
CFD for Park. Parkway. Open Space and Storm Drain Maintenance
1I2.Prior to approval of the Final Map, Parcel Map, Site Development Plan, or
Special Use Permit (as applicable), the applicant shall form a Mello-Roos
Community Facilities District to fund the on-going operation and
maintenance of the new parks, parkways, open space and public storm
drains constructed within the development and federal NPDES
requirements to offset the annual negative fiscal impacts of the project.
......,.
OTHER AGENCIES
113. The applicant shall comply with the requirements of the Riverside County
Flood Control and Water Conservation District dated October 19,2005.
APPEALS
22. Appeal to City Council of Determination and Order of Abatement of
Nuisance.
Mayor Magee introduced the item and deferred to City Manager Brady.
'-'
City Manager Brady gave overview of the item. He indicated that the item
was an appeal of a decision made by the Nuisance Abatement Board. He
noted the address was 1411 Pottery. He indicated that the mobile home was
placed on the lot without permits or design review and approval by the
Planning Commission. He indicated that a septic tank was installed and a
foundation was dug without any permits from the City. He commented that
the City had placed a stop work notice on the property. The property
became an attraction nuisance and was sent before the Nuisance Abatement
Board.
Robert Rosenstein, Attorney representing the property owner, commented
that the citation and notice of abatement were issued incorrectly. He
indicated that the owner was in the process of obtaining all necessary
permits. He commented that there were 4 properties that were put in place
simultaneously. He indicated that the City had lost the plans for the other 3
properties; and it was announced at the Abatement hearing that the plans
were found and the proper permits would be issued. He requested that the
Council overruled the Nuisance Abatement Board decision.
......,
Agenda Item No.~
pag~ of r-S
Page 29 - City Council Minutes - December 13, 2005
~
Councilmember Buckley questioned if there were permits in process. City
Manager Brady commented that if the project had not gone before the
Planning Commission design review the permits could not have been issued
until that process had been completed. Councilmember Buckley clarified
that the building was in place prior to Planning Commission approval.
Building & Safety Manager Chipman confirmed. He indicated that there
were no permits, although the applicants had applied for permits. Mr.
Chipman explained that the applicant submitted one set of structural plans
for 4 different sites and submitted grading plans and site plans for each of
the lots. He further explained that the plans were not lost; they were tagged
incorrectly because of the four separate addresses. He noted that the
applicant placed the mobile home on the lot without approval and that they
had not submitted any plans to show the configuration of this particular site
as well as if the home could be placed on the site and meet the setback
requirements.
/""
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO UPHOLD THE
DECISION OF THE NUISANCE ABATEMENT HEARING BOARD,
DECLARING THE PROPERTY LOCATED AT 1411 POTTERY STREET
A NUISANCE AND DENY THE APPEAL AND THE CITY MOVE
FORWARD ON THE OTHER NON-PERMITTED UNITS.
Councilmember Hickman commented that they would not begin
construction of a stick built home without obtaining a permit and this was no
different. Mr. Rosenstein explained that one of the construction supervisors
had told his clients that he had received the permission from the City to
move the homes onto the properties.
Mayor Pro Tern Schiffner questioned if there was in fact a septic tank
installed at the property in question. Mr. Rosenstein commented that from
his understanding no such work had been done. Mayor Pro Tern Schiffuer
commented that everything that had been done at that property was done
without a permit.
Councilmember Kelley commented that the Council had received
complaints from residents; and the properties had become an attractive
nuisance. She noted that the homes were placed on the lots in June 2004.
/""
Councilmember Buckley commented that the property at 1411 Pottery did
have a septic tank; and noted that the engineering plans for all four
Agenda Item No.~
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Page 30 - City Council Minutes - December 13, 2005
properties could not be identical unless the homes were being placed on the
same lot. '-'
Mayor Magee commented that the septic tank permits were issued by
Riverside County Health Department and Council did not have that permit.
Mr. Rosenstein commented that he had given the permit at the Nuisance
Abatement hearing. City Manager Brady commented that he was not aware
of a permit being issued and deferred to Community Development Director
Preisendanz. Mr. Preisendanz indicated that the main issue was that there
was no Planning Commission approval for the site. He indicated that staff
could verify if there was Health Department approval. Mayor Magee
commented that there had been a septic tank and a mobile home unit stored
in the City for over a year.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
BUSINESS ITEMS
31. Commercial Design Review No. 2005-02 known as Lake Elsinore Ford.
Mayor Magee introduced the item and deferred to Community Development .""""
Director Preisendanz.
Mr. Preisendanz gave overview of the item. He indicated that the project
went before the Planning Commission on December 6, 2005. He further
indicated that the Planning Commission was recommending approval to the
City Council.
Councilmember Buckley commented that he would support the project if the
request for the tax reimbursement was brought back before the Council in 60
days and that it be no higher than the offer to Chevrolet, that it and included
a full and detailed list of the work to be done and that it reconciled with a
previously approved channel related reimbursement.
Councilmember Hickman commented that he was concerned with parking.
He questioned if there would be adequate parking.
Mayor Pro Tern Schiffner questioned the parking requirements specified by
the City. Community Development Director Preisendanz eXplained that
there were 355 parking spaces required for the project based on the""""
Agenda Item No.~
Page32. of ~
Page 31- City Council Minutes - December 13,2005
/"'"
development code; and the applicant was proposing 687 spaces on the site.
He commented that they have spoken to the applicant about employee
parking.
Councilmember Kelley questioned if this development would alleviate the
vehicles parked in the dirt lot along Auto Drive.
Mayor Magee commented that the portion of the property that fronted on
Lakeshore Drive was showing as non-paved. He questioned if vehicles
would be parked in that area. Mr. Preisendanz commented that there would
be no cars parked in that area.
/"'"
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT
RESOLUTION 2005-176 ADOPTING FINDINGS OF CONSISTENCY
WITH THE MULTIPLE SPECIES HABITAT CONSERV A TION
PLAN. ADOPT RESOLUTION NO. 2005-177 ADOPTING
MITIGATED NEGATIVE DECLARATION NO. 2005-06, ADOPTING
RESOLUTION NO. 2005-178 APPROVING COMMERCIAL DESIGN
REVIEW NO. 2005-02 AND ALLOW 6 MONTHS FOR STAFF TO
BRING BEFORE COUNCIL A REIMBURSEMENT AGREEMENT
WITH LAKE ELSINORE FORD.
GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless
the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action,
or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside,
void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body
concerning implementation and construction of the proposed project, which action is bought
within the time period provided for in California Government Code Sections 65009 and/or
66499.37, and Public Resources Code Section 21167. The City will promptly notify the
applicant of any such claim, action, or proceeding against the City and will cooperate fully with
the defense.
PLANNING DIVISION
2. Approval of the identified project applications will lapse and be void unless building permits are
issued within one (1) year.
3. All Conditions of approval shall be reproduced on page one of building plans prior to their
acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance
of a Certificate of Occupancy and release of utilities.
/"'"
4. All site improvements approved with this request shall be constructed as indicated on the
Agenda Item NO.~
page3.1 of s:.>
Page 32 - City Council Minutes - December 13, 2005
approved site plan and elevations. Revisions to approved site plans or building elevations shall
be subject to the review of the Community Development Director. All plans submitted for ""'"
Building Division Plan Check shall conform to the submitted plans as modified by Conditions
of Approval, or the Planning Commission/City Council through subsequent action.
5. Structures shall be placed on-site as depicted on the site plan and/or as modified by the
Community Development Director or designee.
6. The applicant shall comply with the City's Noise Ordinance Chapter 17.78 (Noise Control)
ofthe LEMC.
7. The use of an outdoor public address system shall not be allowed.
8. The applicant shall not allow test driving of vehicles by customers and/or employees through
residential areas. All test driving traffic shall be directed to; Auto Center Drive, major
arterial streets or to the I-IS freeway.
9. Prior to the issuance of a building permit (i.e. light standards), the applicant shall provide a
photometric study. Said study shall be reviewed and approved to the satisfaction of the
Community Development Director. All exterior on-site lighting shall be shielded and
directed on-site so as not to create glare onto neighboring property and streets or allow
illumination above the horizontal plane of the fixture. All light fixtures shall match the
architectural style of the building.
10. The applicant shall prepare a final wall and fence plan subject to the review and approval of the ",-,.
Community Development Director or designee. In addition, a decorative masonry wall shall be
constructed along the west side of the planter identified to the north of the "pre-owned" sales
office building.
11. Trash enclosures shall be constructed per City standards as approved by the Community
Development Director or designee, prior to issuance of building permit.
12. The Planning Division shall approve construction trailers utilized during construction. All
construction trailers shall require a $1,000.00 cash bond for each.
13. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart.
14. All loading zones shall be clearly marked with yellow striping and shall meet City Standards
for loading zones.
15. Painted arrows on the asphalt shall be located at all internal drive aisles.
16. The applicant shall submit a Sign Program for the approval of the Planning Commission
prior to the issuance of the first building permit.
17. All roof mounted or ground support air conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so that ""'"
Agenda Item NO.~
Page~of S5
Page 33 - City Council Minutes - December 13,2005
,-..... they are not visible from neighboring property or public streets. Any roof mounted central
swamp coolers shall also be screened, and screening plan shall be approved by the Community
Development Director, prior to issuance of building permit.
18. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District.
Proof shall be presented to the Chief Building Official prior to issuance of building permits and
final approval.
19. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto
neighboring property and streets or allow illumination above the horizontal plane of the fixture.
The light fixture proposed is to match the architecture of the building.
20. All exterior downspouts shall be painted to match the building color.
21. Materials and colors depicted on the materials board shall be used unless modified by the
Community Development Director or designee.
22. Prior to issuance of a Grading Permit the applicant shall pay the appropriate MSHCP Fee.
23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to
the Lake Elsinore Unified School District have been paid.
,-..... 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of
the Riverside County Fire Department have been met.
25. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of
building permit issuance.
26. Prior to issuance of any grading permit or building permits, the applicant shall sign and
complete an "Acknowledgement of Conditions" form and shall return the executed original
to the Planning Division for inclusion in the case records.
27. The fInal landscaping/irrigation plan is to be reviewed and approved by the City's Landscape
Architect Consultant and the Community Development Director Or Designee, prior to issuance
of building permit. A Landscape Plan Check Fee will be charged prior to fInal landscape
approval based on the Consultant's fee plus forty percent (40%).
a. All planting areas shall have permanent and automatic sprinkler system with
100% plant and grass coverage using a combination of drip and conventional
irrigation methods.
b. Applicant shall plant street trees, selected from the City's Street Tree List, a
maximum of thirty feet (30) apart and at least twenty-four-inch (24") box in size.
r--
c. All planting areas shall be separated from paved areas with a six inch (6") high
and six inch (6") wide concrete curb.
Agenda Item No..1.h-
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Page 34 - City Council Minutes - December 13,2005
d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than
thirty-six inches (36"). ....,
e. Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
f. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the
use of Xeriscape or drought resistant plantings with combination drip irrigation
system to be used to prevent excessive watering.
g. All landscape improvements shall be bonded 100% for material and labor for two
years from installation sign-off by the City. Release of the landscaping bond shall
be requested by the applicant at the end of the required two years with
approval/acceptance by the Landscape Consultant and Community Development
Director or Designee
h. All landscaping and irrigation shall be installed within affected portion of any
phase at the time a Certificate of Occupancy is requested for any building. All
planting areas shall include plantings in the Xeriscape concept, drought tolerant
grasses and plants.
1. Final landscape plan must be consistent with approved site plan.
'-'
J. Final landscape plans to include planting and irrigation details.
28. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring
Program for Mitigated Negative Declaration No. MND 2005-06.
29. The applicant shall comply with Chapter 17.98 of the Lake Elsinore Municipal Code (LEMC)
regarding all temporary use activities.
ENGINEERING DIVISION
30. The applicant shall dedicate right-of-way and shall construct full half width improvements on
Auto Center Drive. Right-of-way dedication and improvements shall be consistent with
general plan circulation element for a major roadway. Development shall construct median
along Auto Center Drive for full frontage width of the project. Median design shall maintain
existing circulation patterns. A striping and signing plan will be conditioned and it will show
striping from Mill Street to the bridge with special attention to the design and adequate tapers
of traffic lanes to tan from the bridge to the new four lane facility on Auto Center Drive.
31. Dedication and right-of-way shall be consistent with the City's local street standard.
32. Provide detention and de siltation basin sized to detain the increase in the 100 year storm flow
between the developed and undeveloped site condition. ....,
Agenda Item No.1L
page'Ji of Z
Page 35 - City Council Minutes - December 13,2005
I"'""'
33. The slope on the north side of the project shall be improved with long-term erosion control
planting.
34. The outlet drainage pipe on the east slope of the project shall be improved such that the outlet
condition slows the discharge to a non-erosive velocity and that the down stream property
owner is protected from the 100-year storm flows. The existing outlet restriction shall be
removed unless the applicant can demonstrate that the pipe was designed and constructed to
accommodate pressure flow.
35. Sight distance for ingress / egress at all driveways shall be unobstructed.
36. Parking shall not be allowed on Auto Center Drive within 120 feet north and 20 feet south of
driveways.
37. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
38. Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley
Municipal Water District.
~ 39. All street improvements shall be installed and functioning prior to certificate of occupancy.
40. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26),
mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and
inspection fees associated with the project and its development.
41. Submit a "Will Serve" letter to the City Engineering Division from the applicable water
agency stating that water and sewer arrangements have been made for this project. Submit
this letter prior to issuance of a building permit.
42. Construct all public works improvements per approved street plans (LEMC 12.04). Plans
must be approved and signed by the City Engineer prior to issuance of a building permit
(LEMC 16.34).
43. Street improvement plans and specifications shall be prepared by a California Registered
Civil Engineer. Improvements shall be designed and constructed to Riverside County Road
Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
44. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior issuance of a building permit.
45. All compaction reports, grade certifications, monument certifications (with tie notes
~ delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final
inspection of public works improvements will be scheduled and approved.
Agenda Item No.lh-
pageJS:. of -.Si.
Page 36 - City Council Minutes - December 13, 2005
46. The applicant shall install permanent survey monuments in compliance with the City's
municipal code.
.....,
47. Applicant shall obtain all necessary off-site easements for off-site grading or construction
from the adjacent property owners prior to issuance of a building permit.
48. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
49. Provide fire protection facilities as required in writing by the Riverside County Fire
Department.
50. Provide street lighting and show lighting improvements as part of street improvement plans
as required by the City Engineer.
51. Applicant shall install blue reflective pavement markers in the street at all fire hydrant
locations.
52. Applicant shall submit a traffic control plan showing all traffic control devices for the project
to be approved prior to issuance of a building permit. All traffic control devices shall be
installed prior to final inspection of public improvements. This includes No Parking and
Street' Sweeping Signs for streets within the development.
53. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy .....,
applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or
developer to pay $300 per sheet for City digitizing.
54. All utilities (electrical, cable television, telephone) except electrical over 12 kv shall be
placed underground, as approved by the serving utility.
55. Apply and obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall
be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially
modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a
grading plan is not required, a grading permit shall still be obtained so that a cursory drainage
and flow pattern inspection can be conducted before grading begins.
56. Provide soils, geology and seismic report including street design recommendations. Provide
final soils report showing compliance with recommendations.
57. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake
faults and/or liquefaction zones present on-site.
58. All grading shall be done under the supervision of a geotechnical engineer and he shall
certify all slopes steeper than 2 to 1 for stability and proper erosion control. All
manufactured slopes greater than 30 ft. in height shall be contoured.
.....,
Agenda Item No.~
Page~of S S
Page 37 - City Council Minutes - December 13, 2005
~ 59. Prior to commencement of grading operations, applicant to provide to the City with a map of
all proposed haul routes to be used for movement of export material. Such routes shall be
subject to the review and approval of the City Engineer.
60. Applicant to provide to the City a photographic baseline record of the condition of all
proposed public City haul roads. In the event of damage to such roads, applicant shall pay
full cost of restoring public roads to the baseline condition. A bond may be required to
ensure payment of damages to the public right-of-way, subject to the approval of the City
Engineer.
61. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property
owners by a letter of drainage acceptance or conveyed to a drainage easement.
62. On-site drainage facilities located outside of road right-of-way should be contained within
drainage easements shown on the final map. A note should be added tothe final map stating:
"Drainage easements shall be kept free of buildings and obstructions".
63. All natural drainage traversing site shall be conveyed through the site, or shall be collected
and conveyed by a method approved by the City Engineer.
64. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations.
~ 65. Meet all requirements ofLEMC 15.68 regarding flood plain management.
66. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the
Riverside County Flood Control District prior to approval of final map. Applicant shall
mitigate any flooding and/or erosion caused by development of site and diversion of
drainage.
67. All drainage facilities in this site shall be constructed to Riverside County Flood Control
District Standards.
68. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the
drain system, the wording and stencil shall be approved by the City Engineer.
69. 10-year storm runoff should be contained within the curb and the 1 DO-year storm runoff
should be contained with the street right-of-way. When either of these criteria is exceeded,
drainage facilities should be installed.
70. A drainage acceptance letter will be necessary from the downstream property owners for
outletting the proposed storm water run-off on private property.
71. Applicant will be required to install BMP's using the best available technology to mitigate
any urban pollutants from entering the watershed.
".--
Agenda Item No.lb-
pag;:D of 5S
Page 38 - City Council Minutes - December 13,2005
72. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for
their storm water pollution prevention plan including approval of erosion control for the "-'
grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for
post construction which describes BMP's that will be implemented for the development and
including maintenance responsibilities.
73. Education guidelines and Best Management Practices (BMP) shall be provided to the
manager of the business in the use of herbicides, pesticides, fertilizers as well as other
environmental awareness education materials on good housekeeping practices that contribute
to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the
Riverside County NPDES Drainage Area Management Plan.
74. Applicant shall provide first flush BMP's using the best available technology that will reduce
storm water pollutants from parking areas and driveways. These provisions include the
development and compliance with a Water Quality Management Plan (WQMP).
75. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual
(particular attention should be taken for intersections on the inside of curves). If site distance
can be obstructed, a special limited use easement must be recorded to limit the slope, type of
landscaping and wall placement.
76. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight
distance is verified by a registered civil engineer.
77. All parcels shall have direct access to public right-of-way or be provided with a minimum 30
ft ingress and egress easement to public right-of-way by separate instrument or through map
recordation.
"-'
78. The final map shall show the abandonment of dedications of public right-of-way or
easements by appropriate certifications on the map as applicable.
79. Existing access easements over property must be addressed to the satisfaction of the
easement owners prior to final map approval.
80. All waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or other phases of the construction must be disposed of at
appropriate recycling centers. The applicant shall contract with CR&R, Inc., in accordance
with the City's Franchise Agreement.
32. Commercial Design Review No. 2005-06 for the project known as "Holiday
Inn Express Hotel".
Mayor Magee introduced the item and deferred to Community Development
Director Preisendanz to present the report.
'-'
Agenda Item No.~
Page-31. of S"' S'
Page 39 - City Council Minutes - December 13,2005
"........
Mr. Preisendanz gave overview of the item. He indicated that the project
went before the Planning Commission on November 15,2005. He clarified
that the CUP approved by the Planning Commission referenced two sites
(Site 1 and Site 2) and that the project for Site 1 was the only item before the
City Council. Any future hotel proposal for Site 2 will require a CUP and
design review entitlements. As to Site 1, the Planning Commission
approved a CUP which became final following the expiration of the appeal
period. Mr. Preisendanz explained that the Commercial Design Review for
Site 1 was the only issue on Council's Agenda. He further indicated that the
Planning Commission was recommending approval to the City Council. He
noted that traffic issues were reviewed.
City Manager Brady restated that the CUP for Site 1 had been approved by
the Planning Commission and became final upon expiration of the appeal
period. The Commercial Design Review was the item on th~ City Council
agenda for consideration by the City Council this evening.
~
William Sampson, 31533 Canyon View Drive, commended the Council and
staff on efforts to expand the growth of the City. He expressed his concerns
with being selective in the types of businesses being brought into the
community. He indicated that he was greatly concerned with a hotel being
in close proximity of his housing tract. He requested that Council reconsider
the hotel being in that particular location.
Lon Bike, Architectural Team Three, commented that he was the architect
on the project. He indicated that they have met all the concerns of staff.
William Arnold, 31556 Sagecrest Drive, commented that the concerns and
attitude of the immediate community surrounding the hotel had not been
taken into consideration. He indicated that the Planning Commission Notice
of Public Hearing was noticed incorrectly. He noted that with proper
noticing the community would have responded as they were at this time. He
commented that the growth in their area was benefiting one person. He
expressed his views on the street lights and ancient equipment this individual
has placed in their community. He pleaded with the Council that his
residential community be treated fairly.
,.-.
Paul Van Duzee, 21058 Kimberly Court, commented that he understood that
there was the possibility of two hotels in that area. He requested that
Council reconsider the approval of this project.
Agenda Item NO.~
Pagen of <;5
Page 40 - City Council Minutes - December 13, 2005
Gary Gibson, 31516 Sagecrest Drive, commented on school buses not being
able to properly travel the lanes due to trucks being parked on the streets. ~
He commented on the traffic on Canyon Estates Drive. He also commented
on the parking from Washington Mutual customers and employees. He
indicated that he had spoken with Community Development Director
Preisendanz. He noted the carefulness of the word usage of Mr.
Preisendanz. He indicated that he asked if former Councilmember Pam
Brinley was working with the owner and did not receive a straight answer.
Jason Leinen, 31520 Sagecrest Drive, commented that the community was
attending the meeting because they care about the community. He noted that
he was against improper growth. He indicated that this project was not
planned for progress. He commented that the hotel needed to be built in a
more logical place. He noted that the community would not benefit from the
project, only the developer, property owner and manufacturers of decorative
towers.
Bob Spiegel, 21066 Kimberly Court, commented that he was against any
hotel in Canyon Estates. He commented on the traffic issues that the project
would bring.
~
David Moon, 31605 Ridgecrest Drive, commented that his community was
not against commercial growth. He noted that they were against this
particular project. He noted he had a petition with over 100 signatures that
were against the project. He noted some of the comments made by Mr.
Trivedi, Project Manager to the Planning Commission.
Bill Dixon, 21067 Kimberly Court, commented that he was told by staffhe
would need to pay to file an appeal. He commented that it was not right that
he would need to pay to be heard. He noted that the Planning Commission
had more power than the Council with regards to this project. He indicated
that the Council was elected by the people, but the Planning Commission
had the power. He questioned the community trust in the Council if this was
the case. He noted the incorrect noticing posted on the site. He noted the
traffic issues. He indicated that if the Planning Commission had reviewed
the facts that were provided, they could not have made this decision. He
further indicated that they errored in the decision and should be held
accountable.
'-'
Agenda Item NO.~
page!/Q of--.SS
Page 41- City Council Minutes - December 13,2005
,-..
Kim Cousins, Lake Elsinore Valley Chamber of Commerce, commented that
the Chamber supported the project as proposed. He indicated that the
community needed a hotel.
Sachin Trivedi, Project Manager, commented that they had done everything
to satisfy the LEMC and design issues. He noted that the traffic generated
by this hotel would be significantly less than other business. He indicated
that the hotel was not designed for semi-trucks and RV's. He commented
that they removed two rooms to create a community meeting center. He
noted that most of their clients were business clients.
Councilmember Buckley inquired if the land owner was present. He
indicated that CUP's were for exceptional projects such as the airport and
motocross track. He suggested having the CUP Ordinance changed to
CUP's determined by the Council. He noted that CUP's lasted one year.
City Attorney Leibold explained that a building permit had to be pulled
within a one year period or the CUP would expire. Councilmember Buckley
indicated that it was a failure in the notice.
,-..
Councilmember Buckley indicated that the building itself was not that bad.
He indicated that there was a problem with the parking issue. He indicated
that the zoning was neighborhood commercial, which meant things that the
neighborhood could use. He indicated that there were exemptions for the
height and the square footage which was not usually permitted. He indicated
that he could not support the project.
Councilmember Hickman commented that staff used a traffic study from a
2000 study when there were 45 homes in that particular area. He noted that
when the study was done the bridge over Franklin connecting into the
Canyon Estates area was not built. He also noted the Washington Mutual
employees parking in the street. He indicated that the CUP approval process
needed to be changed. He noted that Planning Commission Chairman La
Pere's term was ending June 2006 and it was a possibility he would run for
City Council in 2006. He also suggested removing the fee for filing appeals.
/""'
Councilmember Kelley commented that the decision had to be made on fact
findings and what was before Council. She noted that she had been a
resident since 1984. She indicated that the prior zoning was residential and
in 2000 a zone change was brought before Council. City Manager Brady
confirmed and noted that neighborhood meetings were held. He noted that
Agenda Item NO.~
Page!11 of ~
Page 42 - City Council Minutes - December 13, 2005
the Specific Plan listed permitted uses and conditionally permitted uses and
further allowed the Planning Commission to add conditionally permitted ~
uses by adoption of a resolution. Councilmember Kelley confirmed that the
Planning Commission by Resolution gave the hotel use permission to be
there and approved the CUP. She also clarified that the CUP needed to be
appealed within 10 days with a applicable fee, unless appealed by a
councilmember; which no fee would be required. Councilmember Kelley
questioned if Community Development Director Preisendanz had spoken
with any of the residents about the appeal process.
Mr. Preisendanz indicated that he had spoken with Mr. Dixon the Friday of
the Planning Commission Meeting; which was a holiday; and instructed Mr.
Dixon to file the appeal by 5 p.m. Wednesday.
Councilmember Kelley deferred to City Attorney Leibold to clarify the item
Council was reviewing on this agenda. City Attorney Leibold indicated that
it was the Commercial Design Review.
City Attorney Leibold explained that any future proposal regarding a hotel
on Site 2 would require a CUP for that site and would undergo the same
process of design review. She clarified that the only use before Council
related to Site 1.
'-'
Councilmember Kelley clarified that if the design review was denied, then a
new design would need to be brought back; but the project would not go
away. City Attorney Leibold explained that under the Lake Elsinore
Municipal Code if the application for design review was modified in such a
substantial way that the issues had not been considered by the Planning
Commission it would be taken back to the Planning Commission, and then
to the City Council. She further explained that if the application was denied
the Code prohibited the applicant from submitting the same or substantially
the same design for that same use within a one year period. City Attorney
Leibold further explained in more detail that following the denial of a design
review application or the revocation of a design review approval, no
application for a design review for the same or substantially same design
concept on the same or substantially the same site shall be filed within one
year from the date of denial or the revocation of the design review.
Councilmember Kelley commented that there was a possibility of exposing
the City to litigation. '-'
Agenda Item No.--Lh-
page4;;- of-SS.
Page 43 - City Council Minutes - December 13,2005
r-
Councilmember Kelley commented that the project was not directly on
Canyon Estates Drive; but was actually back one lot facing the freeway in a
diagonal design. She noted that between the hotel and Canyon Estate Drive
there was a possible business building to be proposed for that lot. She
indicated that she had spoken with the project manager regarding the traffic,
parking and the height of the building.
Councilmember Kelley requested that the City Attorney explain the issue
with the notice.
City Attorney Leibold explained that the published notice was correct and
was the required notice under the provision of the code. She deferred to
Community Development Director Preisendanz. Mr. Preisendanz explained
that the notice mailed out and sent to the newspaper had correct dates. He
indicated that the notice posted on the site reflected an incorrect date. City
Attorney Leibold indicated that the notice did not undermine the action of
the Planning Commission.
r--
Councilmember Kelley requested an update from City Manager Brady
regarding the improvements to Railroad Canyon Road. Mr. Brady indicated
that the Council had funded $1.4 million for interim improvements and there
were ultimate improvements to be done. He noted that the interim
improvement would be within the next six months. He noted that the
____ ultimate improvements would probably take Place6'ears from now. --
Councilmember Kelley stated that the hotel would have less traffic than
other businesses that could be in that location. She noted that there was not
a decent hotel within the City. She noted that she would be voting to
support the hotel.
/"'"
City Treasurer Weber commented that in 1990, $55 million in bonds were
issued and in 1997 the bonds had defaulted due to mismanagement. He
noted that Councilmember Kelley was elected in 1994. He indicated that
she was part of the workout plan, and part of the plan was giving away a lot
of things to the developer and one was to give the developer that whole
section of property that was now commercial. He indicated that the
developer did not have to pay any special tax in which the City was now
burdened with that tax. He commented that last year there were 8 lots that
were supposed to be for a fire station or park that Council allowed the
developer to make residential. He indicated that the developer had made
Agenda Item NO.~
paget./3 of~
Page 44 - City Council Minutes - December 13, 2005
campaign contributions to some councilmembers. He commented that it was
a disgrace that former councilmember Pam Brinley was trying to politic the ,...."
councilmembers to vote for this project.
Mayor Pro Tern Schiffner commented that this is a difficult decision. He
indicated that he respected the right of each resident. He indicated that this
facility would not be the type of property the residents anticipated. He
indicated that any hotel in the City would be a valuable improvement. He
indicated that he would support the project.
Mayor Magee commented that the Council was sensitive to the needs of the
Summerhill residents. He indicated that he was concerned about the notice
issue and he could not ignore that. He indicated that there was a parking
issue not only with the hotel, but also with Canyon Estates Drive. He
. commented on the traffic issues. He commented that he lived and worked in
the City and he traveled that area almost everyday. He indicated that
another hotel was needed in Lake Elsinore. He commented that he stood on
the other side of the dais two years ago and his voice was not heard and he
would not forget that feeling. He indicated that there needed to be more
community outreach between the developer, land owner and community.
....",
He further indicated that there can't be hearing like this every time a project
was proposed in that particular development. He commented that he could
not support the project as designed.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
A VOTE OF 3-2 WITH KELLEY AND SCHIFFNER CASTING THE
DISSENTING VOTES TO DENY COMMERCIAL DESIGN REVIEW NO.
2005-06.
33. Improvement CreditlReimbursement Agreement for TUMF (Oak Grove
Crossing Shopping Center.
Mayor Magee introduced the item and deferred to City Engineer Seumalo.
City Engineer Seumalo gave an overview of the item. He noted that the
credit was estimated to be $312,363 and the total fee including the credit
amount was $893,000. He reiterated that the agreement was to reimburse
the developer. '-'
Agenda Item NO.~
Page l.J.~ of )5
Page 45 - City Council Minutes - December 13, 2005
"......
Councilmember Buckley reminded everyone that Oak Grove Crossing was
the Target development.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
UNANIMOUS VOTE TO APPROVE IMPROVEMENT
CREDITIREIMBURSEMENT FOR TUMF (OAK GROVE CROSSING
SHOPPING CENTER).
34. Cooperation Agreement with Riverside County Flood Control and Water
Conservation District and Cambem and Central Investors; Implementation
Agreement with Cambern and Central Investors.
Mayor Magee introduced the item and deferred to City Attorney Leibold.
~
City Attorney Leibold gave overview of the item. She commented that the
Cooperation Agreement, which establishes the relationship among the
County Flood Control, property owner and the City regarding drainage
improvements on the site, was brought before the City Council in March
2005. She explained that at that time, consideration of the Agreement was
continued off-calendar in order to allow the parties to resolve inconsistencies
with a previously approved lease agreement between the City and developer.
She further explained that the inconsistencies had been resolved by way of
an implementation agreement, such that the lease agreement could be
implemented in a manner that was consistent with County Flood Control
requirements.
Councilmember Hickman noted that this was the drainage for Costco,
Lowe's, Home Depot and future development.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND
CARRIED BY UNANIMOUS VOTE TO APPROVE COOPERATION
AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT AND CAMBERN AND
CENTRAL INVESTORS; AND TO APPROVE THE
IMPLEMENTATION AGREEMENT WITH CAMBERN AND
CENTRAL INVESTORS.
The Regular City Council Meeting was recessed at 9:40 p.m.
/""'
The Regular City Council Meeting was reconvened at 9:50 p.m.
Agenda Item NO.~
Page!lS.. of-S...L
Page 46 - City Council Minutes - December 13, 2005
35. Affordable Housing In-Lieu Fee Agreement and Inclusionary Housing
Conditions of approval.
......,
Mayor Magee introduced the item and deferred to City Attorney Leibold.
City Attorney Leibold gave an overview of the item. She indicated that the
California Community Redevelopment Law requires that 15% of all new
construction within the boundaries of a RDA project area is required to meet
certain affordable housing standards. She explained that the City has, in an
effort to assist the RDA in the implementation of its Redevelopment Plans
and to address its own affordable housing goals and obligations, conditioned
residential projects within the boundary of RDA project areas with a
condition of approval requiring that those projects to 15% of the units as
affordable housing, or alternative equivalent action such as the donation of
land or payment of an in-lieu fee. She commented that there were several
developers with projects that had this condition of approval. She indicated
that most of them expressed an interest in paying an in-lieu fee. She noted
the RDA Committee had reviewed the item and they had recently
recommended to the City Council that the condition could be satisfied by the
payment of the in-lieu fee equal to $2 per square foot for projects with
existing entitlements conditioned upon satisfaction of the affordable housing ~
requirement.
City Attorney Leibold explained that there was a clarification requested by
one of the developers that that she felt was consistent with the City and the
Agency intent. The requested clarification is that if the fee is paid in
accordance with terms of the agreement, the City and the Agency cannot
pursue any additional exactions with respect to affordable housing as to that
project.
City Attorney Leibold indicated that the RDA Advisory Committee
recommended that the City continue to evaluate the affordabiIity gap and
policy issues in connection with a Citywide Inclusionary Housing
Ordinance; but between tonight and the effective date of a proposed
Ordinance; that the City and the development community have some
certainty as to what in-lieu fee would acceptable. She noted that the
advisory committee was recommending $3.50 per square foot as the in-lieu
fee for future projects that came between tonight and the date of a future
Ordinance.
......,
Agenda Item No.~
Page <1(.,. of r S
Page 47 - City Council Minutes - December 13,2005
~
Scott Woodward, property owner of Lakeview Villas commented that his
project would be subject to the advisory committee's recommendation of$2
per square foot, in which he supported.
Kristine Zortman, Shopoff Group, requested that Council move forward with
adopting the Ordinance at the $2 per square foot. She expressed that there
was a need for the development industry and BIA to get more involved and
to commission an economic study to decide on an adequate fee.
City Treasurer Weber commented on the fees. He indicated that $2 was a
low fee. He commented that the City could not continue to give breaks to
developers at the cost of the City's fiscal health.
Councilmember Buckley commented that the fee was needed and an
Ordinance needed to be created. He also suggested adding a density
program.
~
Councilmember Hickman questioned the fee and how it would affect the
developers. Mr. Scott Woodward commented it would be a difference of
$497,000 and $570,000. He indicated that with all the fees included he pays
$30,000 in fees per unit in Lake Elsinore.
Councilmember Kelley commented that the fees were passed along to the
home buyer thus making the gap bigger for home affordability.
Mayor Pro Tern Schiffner commented that he would be in support of the $2
fee until the Ordinance was in place.
Mayor Magee commented that the $2 fee needed to be carried for a
minimum of six months. He indicated that it should be brought back before
Council for the first meeting in June. He also indicated that there needed to
be workshops with the RDA Committee taking the lead and the City needed
to encourage the building community to participate and encourage them to
build the actual product and not just pay the fee. He indicated that he agreed
with Councilmember Buckley regarding the density program.
~
MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED
BY UNANIMOUS VOTE TO APPROVE THE AFFORDABLE
HOUSING IN- LIEU FEE AGREEMENT AND INCLUSIONARY
Agenda Item NO.~
pageJ/l of 5S
Page 48 - City Council Minutes - December 13,2005
HOUSING CONDITIONS OF APPROVAL WITH THE
ADJUSTMENTS AS INDICATED TO HAVE AN IN-LIEU FEE OF $2 .,-,
UNTIL THE INCLUSIONARY HOUSING ORDINANCE AND THE
RELATED ORDINANCES THAT ARE CREATED OUT OF THE
COMMITTEE LED BY THE RDA COMMITTEE AND BROUGHT
BACK BEFORE COUNCIL THE FIRST MEETING IN JUNE 2006.
36. Annual Financial Reports for Fiscal Year ending June 30. 2005.
Mayor Magee introduced the item and deferred to Administrative Services
Director Pressey.
Mr. Pressey gave overview of the item. He indicated that this year the City
had an agreement with Diehl, Evans & Co. He noted that Daphanie Fuentes
and Milton Partell were available for questions. .
Mr. Partell commented that the firm issued their opinion on the financial
statements on the City, Redevelopment Agency, Public Finance Authority
and Recreation Authority. He indicated that they had issued comments on
Appropriation Limits, Management Recommendation Letter and Audit
Committee Letter. '-'
City Treasurer Weber commented that the reports mirrored TRS reports. He
questioned if there would be any big differences in Diehl, Evans, & Co.
reports. Mr. Partell that the reports would be similar.
MOVED BY BUCKLEY, SECONDED BY KELLEY TO RECEIVE
AND FILE ANNUAL FINANCIAL REPORTS FOR FISCAL YEAR
ENDING JUNE 30, 2005 AND A REPORT ON THE REPORT FROM
THE CITY TREASURER BE AGENDIZED FOR A MEETING IN
JANUARY AS A RECEIVE AND FILE ITEM.
Mayor Pro Tern Schiffner requested to a report from Administrative
Services Director Pressey.
Mr. Pressey explained that the government net assets were still in the black
at $52,680,000. He further explained that during the year the net assets
increased by $15 million. The General fund had an ending balance of $2.5
million. He noted that the Council had adopted a balance budget and
adopted conservative estimates. "'-"
Agenda Item No.1 b
Page llilof ~
Page 49 - City Council Minutes - December 13,2005
.~ THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
37. Reorganization of City Council.
Mayor Magee called the Redevelopment Agency and Public Finance
Authority to order at 10:26 p.m.
Mayor Magee noted the process for selection of a new Mayor.
Mayor Pro Tern Schiffner nominated Mayor Magee for Mayor.
Councilmember Hickman seconded the nomination.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR MAYOR.
MAYOR MAGEE WAS SELECTED FOR A SECOND ONE YEAR TERM
AS MAYOR BY THE FOLLOWING ROLL CALL VOTE:
COUNCILMEMEBER BUCKLEY VOTED FOR MAYOR MAGEE.
~ COUNCILMEMBER HICKMAN VOTED FOR MAYOR MAGEE.
COUNCILMEMBER KELLEY VOTED FOR MAYOR MAGEE.
MAYOR PRO TEM SCHIFFNER VOTED FOR MAYOR MAGEE.
MA YOR MAGEE ACCEPTED THE SEAT OF MAYOR.
Mayor Magee noted the process for selection of Mayor Pro Tern.
Mayor Magee nominated Councilmember Hickman for Mayor Pro Tern.
Councilmember Buckley seconded the nomination.
Councilmember Kelley nominated Mayor Pro Tern Schiffner.
Councilmember Hickman seconded the nomination for Mayor Pro Tern
Schiffner.
Councilmember Hickman declined the nomination.
CITY CLERK RAY CALLED FOR A ROLL CALL VOTE WITH THE
RESUL TS AS FOLLOWS:
~
Agenda Item No.~
Page '1'1 of-U-
Page 50 - City Council Minutes - December 13, 2005
COUNCILMEMBER BUCKLEY VOTED FOR MAYOR PRO TEM
SCHIFFNER.
'"'"
COUNCILMEMBER HICKMAN VOTED FOR MAYOR PRO TEM
SCHIFFNER.
COUNCILMEMBER KELLEY VOTED FOR MAYOR PRO TEM
SCHIFFNER.
MA YOR PRO TEM SCHIFFNER VOTED FOR MAYOR PRO TEM
SCHIFFNER.
MA YOR MAGEE VOTED FOR MAYOR PRO TEM SCHIFFNER.
MAYOR PRO TEM SCHIFFNER ACCEPTED THE SEAT OF MAYOR.
PRO TEM.
Mayor Magee opened the nomination for Redevelopment Agency Chairman.
Boardmember Schiffuer nominated Boardmember Kelley for Redevelopment
Agency Chairman. Boardmember Magee seconded the nomination. .....,
Boardmember Buckley nominated Chairman Hickman for Redevelopment Agency
Chairman. Chairman Hickman seconded the nomination.
CITY CLERK RAY CALLED FOR A ROLL CALL VOTE WITH THE
RESULTS AS FOLLOWS:
BOARDMEMBER BUCKLEY VOTED FOR CHAIRMAN HICKMAN.
CHAIRMAN HICKMAN VOTED FOR CHAIRMAN HICKMAN.
VICE CHAIRMAN KELLEY VOTED FOR VICE CHAIRMAN KELLEY.
BOARDMEMBER SCHIFFNER VOTED FOR VICE CHAIRMAN
KELLEY.
BOARDMEMBER MAGEE VOTED FOR VICE CHAIRMAN KELLEY.
VICE CHAIRMAN KELLEY ACCEPTED THE SEAT OF
REDEVELOPMENT AGENCY CHAIRMAN.
Mayor Magee opened the nomination for Redevelopment Vice Chairman.
.....,
Agenda Item No. I b
pagSO of ~5
Page 51 - City Council Minutes - December 13,2005
;1""'" Boardmember Magee voted for Boardmember Hickman for Redevelopment
Agency Vice Chairman. Boardmember Schiffner seconded the nomination.
MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY A
UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR
REDEVELOPMENT VICE CHAIRMAN.
BOARDMEMBER HICKMAN WAS SELECTED VICE CHAIRMAN BY
THE FOLLOWING ROLL CALL VOTE:
BOARDMEMEBER BUCKLEY VOTED FOR BOARDMEMBER
HICKMAN.
BOARDMEMBER HICKMAN ABSTAINED.
CHAIRMAN KELLEY VOTED FOR BOARDMEMBER HICKMAN.
BOARDMEMBER SCHIFFNER VOTED FOR BOARDMEMBER
HICKMAN.
BOARDMEMBER MAGEE VOTED FOR BOARDMEMBER HICKMAN.
BOARDMEMBER HICKMAN ACCEPTED THE NOMINATION FOR
;1""'" REDEVELOPMENT AGENCY VICE CHAIRMAN.
Mayor Magee opened the nomination for Public Finance Authority.
Vice Chairman Buckley nominated Boardmember Hickman for Public Finance
Authority Chairman.
Boardmember Hickman nominated Vice Chairman Buckley for Public Finance
Authority Chairman. Chairman Magee seconded the nomination.
MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY
UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR PUBLIC
FINANCE AUTHORITY CHAIRMAN.
VICE CHAIRMAN BUCKLEY WAS SELECTED CHAIRMAN BY THE
FOLLOWING ROLL CALL VOTE:
VICE CHAIRMAN BUCKLEY VOTED FOR VICE CHAIRMAN
BUCKLEY.
;1""'" BOARDMEMBER HICKMAN VOTED FOR VICE CHAIRMAN
BUCKLEY.
Agenda Item No.lh-
page:QLof55-
Page 52 - City Council Minutes - December 13,2005
BOARDMEMBER KELLEY VOTED FOR VICE CHAIRMAN BUCKLEY.
BOARDMEMBER SCHIFFNER VOTED FOR VICE CHAIRMAN ~
BUCKLEY.
CHAIRMAN MAGEE VOTED FOR VICE CHAIRMAN BUCKLEY.
VICE CHAIRMAN BUCKLEY ACCEPTED THE NOMINATION FOR
PUBLIC FINANCE AUTHORITY CHAIRMAN.
Mayor Magee opened the nomination for Public Finance Authority Vice Chairman.
Chairman Buckley nominated Boardmember Hickman. Boardmember Magee
seconded the nomination.
MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY
UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR PUBLIC
FINANCE AUTHORITY VICE CHAIRMAN.
BOARDMEMBER HICKMAN WAS SELECTED VICE CHAIRMAN BY
THE FOLLOWING ROLL CALL VOTE:
CHAIRMAN BUCKLEY VOTED FOR BOARDMEMBER HICKMAN. ....,
BOARDMEMBER HICKMAN VOTED FOR BOARDMEMBER
HICKMAN.
BOARDMEMBER KELLEY VOTED FOR BOARDMEMBER HICKMAN.
BOARDMEMBER SCHIFFNER VOTED FOR BOARDMEMBER
HICKMAN.
BOARDMEMBER MAGEE VOTED FOR BOARDMEMBER HICKMAN.
BOARDMEMBER HICKMAN ACCEPTED THE NOMINATION FOR
PUBLIC FINANCE AUTHORITY VICE CHAIRMAN.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Michael Lewis, 29431 Kalina Avenue, commented on a new program he would be
a part of called Sports Activities Furthering Education to Today's Youth
(S.A.F.E.T.Y.). He indicated that they would be using hospital information to
address issues. He indicated that the motorcycles and motorized scooters were the
major issues. He noted that pocket bikes have been responsible for deaths in the
Lake Elsinore. He indicated that they met with the owner of Lake Elsinore
Motocross Park; and gave him a list of change recommendations. He agreed to -.J
Agenda Item NO.&
pagSl of !; S
Page 53 - City Council Minutes - December 13,2005
/'"""' make the changes within 30 days. He indicated that they also met with GOAT
Breker, promoter of the Lake Elsinore Grand Prix; and he agreed to allow them to
create a safe riding area at the next Grand Prix. He commented that they have
received permission from the school district to conduct safety assembles.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
1) Congratulated Mayor Magee, Councilmember Kelley and Councilmember
Buckley on their appointments.
2) Announced the following upcoming events:
Dec 19th
Jan 15th
Jan 22nd
Feb
May
GPAC meeting
LOWE's scheduled to open
Staples and Pet Smart scheduled to open
Chili's scheduled to open
Costco scheduled to open
/'"""'
3) Thanked Councilmember Buckley for the television he donated to the Senior
Center.
4) He wished everyone happy holidays.
CITY ATTORNEY COMMENTS
City Attorney Leibold commented on the following:
1) She wished everyone happy holidays.
COMMITTEE REPORTS
None.
CITY TREASURER COMMENTS
1) He congratulated Mayor Magee on his reappointment.
~
2) He wished everyone happy holidays.
Agenda Item No.lb-
Page <;3 of ~S
Page 54 - City Council Minutes - December 13, 2005
CITY COUNCIL COMMENTS
......,
Councilmember Kelley commented on the following:
I) Wished everyone happy holidays.
2) She congratulated Mayor Magee on his reappointment.
Mayor Pro Tern Schiffner commented on the following:
I) Wished everyone happy holidays.
2) He congratulated Mayor Magee on his reappointment.
Councilmember Hickman commented on the following:
I) Wished everyone happy holidays.
2) He congratulated Mayor Magee on his reappointment.
3)
He commented that H.G.P.E. would be giving gifts to the Head Start
children and handing out gifts at La Tre restaurant.
......,
Councilmember Buckley commented on the following:
I) Wished everyone happy holidays.
Mayor Magee commented on the following:
I) Wished everyone happy holidays.
ADJOURNMENT
The Regular City Council Meeting was adjourned at 10:46 p.m.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
......,
Agenda Item No.~
page~ of J;S
/""""
/""""
r--.
Page 55 - City Council Minutes - December 13,2005
ATTEST:
FREDERICK RAY, CITY CLERK
CITY OF LAKE ELSINORE
Agenda Item NO.16-
Page~ of~
'"
MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JANUARY 10,2006
*************************************************************
CALL TO ORDER
Mayor Magee called the Joint Study Session to order at 4:01 p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY,
SCHIFFNER, MAGEE
;--
ABSENT:
COUNCILMEMBERS: BUCKLEY
(Councilmember Buckley arrived at 4:13 p.m.)
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Information/Communications
Manager Dennis, Community Services Director Sapp, Lake & Aquatic
Resources Director Kilroy, Community Development Director Preisendanz,
City Engineer Seumalo, Building and Safety Manager Chipman,
RecreationlTourism Manager Fazzio, Public Works Manager Payne, City
Treasurer Weber and Deputy City Clerk Soto.
DISCUSSION ITEMS
Mayor Magee gave an overview of the presentations; and confirmed that the
awardees would be present at the 7 :00 p.m. meeting.
;--
Agenda Item NO.' ~
page~ori5
PAGE TWO - STUDY SESSION MINUTES - JANUARY 10,2006
~
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1. Minutes.
No comments.
2. Warrant List - December 30, 2005.
Councilmember Hickman requested clarification of various checks issued on
the warrant list. Staff clarified the items.
3. Update to LAIF Resolution.
'-"
No comments.
4. Award of Bid - Grand Avenue Landscape.
No comments.
5. PSAC Recommendation for stricter Ordinance for home partie~
Councilmember Hickman stated that he felt the PSAC was doing a good job
and thanked them for what they had done so far. He noted that the word
"large" should be defined by a number in the Ordinance.
City Attorney Leibold indicated that some ordinances did define by the
number of invited or expected patrons. She noted that the number could be
addressed in the Ordinance.
'-"
Agenda Item Noj C
Page2-0f IS
~
PAGE THREE - STUDY SESSION MINUTES - JANUARY 10,2006
Councilmember Hickman inquired if security could be required for anything
over a set amount of patrons.
City Attorney Leibold confirmed that could be added to the Ordinance.
Councilmember Kelley inquired what the PSAC's recommendation was in
regard to the Ordinance. She noted that Police Chief Fetherolf suggested the
use of forward language.
r---
Ron Hewison, PSAC Chairman, noted a shooting near the lake last year. He
noted that there was a debate if Law Enforcement could act on the evening.
He noted that Law Enforcement visited the party and saw no obvious peace
breaking activity. He noted that in comparing the City's ordinance with
neighboring cities, the City's ordinance referred to use of police service. He
further noted that other cities charged for police services.
Mr. Hewison noted that the City's ordinance started with definitions. He
noted that other ordinances started with a purpose; which predetermined a
situation that allowed law enforcement to go in to a party with a case that
could be examined. He noted that it could be predetermined that when law
enforcement had to return to a party it would be a drain on the overall
resources of the City. He noted that Corona's ordinance had a fee level of
$1,500 compared to the City's fee level of$250. He noted that the City's
L return visit was "within 30 days" and Corona's return visit was "within 12
hours". He stated that he would like the Council to focus specifically on the
Ordinance for a general overview.
6. Purchase authorization to replace obsolete computers at Senior Center,
Customer Counter and City Hall.
No comments.
"".-
Agenda Item No. \ ~J
Page~O~ 5
PAGE FOUR - STUDY SESSION MINUTES - JANUARY 10,2006
'-'"
7. Fee Deposit and Reimbursement Agreement with Corman Leigh-Tozai
Elsinore, LLC.
No comments.
8. Oak Grove Equities.
Councilmember Hickman inquired if the site for the item was behind Target.
Community Development Director Preisendanz indicated that the site was the
Target.
9. Final Map No. 34023.
Councilmember Hickman inquired as to what kind of homes would be on the
lot. '-'"
Community Development Director Preisendanz indicated that it had not been
decided what kind of homes would be placed on the lot.
PUBLIC HEARINGS
None
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1153 - Amending Chapter 16.74 to title 16 of
the Lake Elsinore Municipal Code establishing fees on development projects.
City Treasurer Weber inquired on page 2 of 4 and the dollar amounts for each
of the fees.
City Attorney Leibold indicated that fees were adopted the night of the first
reading by resolution. She noted that the amount of the fees were established
'-'"
Agenda Item No. \ e...
page~of15
....-.
PAGE FIVE - STUDY SESSION MINUTES - JANUARY 10,2006
by resolution of the City Council. She further noted that the Ordinance
established the overall framework.
32. Second Reading - Ordinance 1154 - Approving Zone Change No. 2005-03.
No comments.
33. Second Reading - Ordinance No. 1155 - Approving Zone Change No. 2005-
06.
No comments.
34. Second Reading - Ordinance No. 1156 - Authorizing the levy of a services
special tax and special tax.
r'-
No comments.
35. Second Reading - Ordinance No. 1158 - Authorizing the levy of a spcial tax
within Annexation Area No. 14.
No comments.
36. Second Reading- Ordinance No. 1159 - Authorizing the levy of a services
special tax and a special tax.
No comments.
37. Second Reading - Ordinance No. 1160 - Amendment to LEMC Chapter 5.78
regarding Significant Palm Trees.
No comments.
/'"'
Agenda Item No. \ c
page~of IS-
PAGE SIX - STUDY SESSION MINUTES - JANUARY 10, 2006
,...,
38. Second Reading - Ordinance No. 1161 - Approving Specific Plan No. 2004-1.
No comments.
39. Second Reading - Ordinance No. 1162 - Authorizing the levy of a special tax
within Annexation Area No. 13.
No comments.
40. Second Reading - Ordinance No. 1163 - Authorizing the levy of a services
special tax and a special tax.
No comments.
41. Second Reading - Ordinance 1164 - Authorizing the levy of a special tax.
,...,
No comments.
42. Second Reading - Ordinance 1166 - Approving Amendment No.8 to East
Lake Specific plan No. 93-3.
No comments.
43. Adoption of a Construction and Demolition Recycling Ordinance.
Councilmember Buckley inquired on the estimated cost of the project.
City Manager Brady indicated that Ordinance would refer to all projects having
to recycle their building materials or their demolition.
Councilmember Buckley inquired if he would have to come up with a $10
thousand deposit ifhe was building a house or doing significant renovations to
his house.
~
Agenda Item No. \ C
Page lL Of Is-
,-... PAGE SEVEN - STUDY SESSION MINUTES - JANUARY 10,2006
Community Development Director Preisendanz indicated that, according to the
way the Ordinance was structured, the covered project would be the 8 listed in
the staff report. He noted one of the projects was a new single-family
residential dwelling.
Councilmember Buckley inquired ifit could be required that CR&R be hired
for recycling disposal.
Recreation/Tourism Manager Fazzio indicated that had been done in the past.
She noted that t~ere was arguments made that people could recycle on their
own and turn in their weight tickets.
Councilmember Buckley inquired if the Ordinance could include the word
"must" for recycling with CR&R since must was used with CR&R for garbage
,-... disposal.
Community Development Director Preisendanz indicated that the City
conditioned projects that they must recycle with CR&R. He noted that the
condition included construction waste and general recycling.
Community Services Director Sapp indicated that the current Ordinance
required everyone to utilize to the City's service provider who currently was
CR&R.
City Attorney Leibold inquired if the Franchise Agreement with CR&R
included recycling.
Community Services Director Sapp confirmed that the Franchise Agreement
included recycling.
Recreation/Tourism Manager Fazzio indicated that there was a point in time
that some of the developers were given conditions that they did not have to use
CR&R.
,.....,
Agenda Item NO.\e..
PagelOf \S
PAGE EIGHT - STUDY SESSION MINUTES - JANUARY 10,2006
"""""
Recreation/Tourism Manager Fazzio stated that the California Integrated Waste
Management Board was very anxious for Cities to adopt the Ordinance that was
being presented to Council. She noted that they had contacted her regarding the
status of the City's ordinance.
Councilmember Buckley stated that the Ordinance should include "must use
City's service provider and failure to comply would mean immediate shut down
and a fine of $50 thousand a day".
City Attorney Leibold indicated that there were limits to fines for
misdemeanors and infractions and how they were characterized.
Mayor Pro Tern Schiffner requested that the recycling procedure be stated
clearly and concisely.
Recreation/Tourism Manager Fazzio indicated that CR&R knew what could be """""
recycled and what could not be recycled.
Councilmember Kelley noted that she agreed with Councilmember Buckley's
suggestion.
Mayor Magee stated that Section 14.12.070 allowed the recycling coordinator
the latitude to waive the fee.
Recreation/Tourism Manager Fazzio indicated that 14.12.090 addressed
Compliance Review and Security Deposit. She noted that the section stated that
if it was determined that the diversion requirement had been achieved; the full
amount of the diversion security deposit would be refunded to the applicant.
She further noted that the section also stated that if it was determined that the
diversion requirement had not been met; a portion of the diversion security
deposit would be refunded equal to the portion of the diversion requirement that
had been met.
~
Agenda Item No. \ c..
PageiOf \S"
,,-- PAGE NINE - STUDY SESSION MINUTES - JANUARY 10,2006
Councilmember Hickman inquired how much the deposit would be ifhe wanted
to put a deck on his house.
Recreation/Tourism Manager Fazzio indicated that currently $10 thousand was
the smallest deposit that could be put down.
Recreation/Tourism Manager Fazzio indicated that if it was under the covered
projects then the smallest deposit would be required.
Councilmember Hickman stated. that he agreed with Councilmember Buckley's
suggestion that the applicant must contract with CR&R.
Mayor Magee stated that the only way it made sense not to select CR&R was if
the applicant had a recycling company that was offering money for the recycled
goods.
,,--
City Attorney Leibold indicated that the City was permitted to have an
Exclusive Franchise Agreement with respect to refuse collection. She noted
that she would be reviewing the City's Code to determine whether that
extended to recyclables.
Councilmember Buckley inquired how the typical person would know what
was recyclable.
Mayor Pro Tern Schiffner inquired if the exact procedure for recycling, as done
by CR&R, could be specified rather than their name.
Recreation/Tourism Manager Fazzio indicated that there was a Franchise
Agreement with CR&R where they had the rights to do trash and recycling.
City Treasurer Weber indicated that that most projects would recycle items
themselves to collect money for items that were of value. He stated that he did
not believe that the projects would give those items over to CR&R.
,,--
Agenda Item No. \ c-
page~Of IS
PAGE TEN - STUDY SESSION MINUTES - JANUARY 10,2006
"-'"
Mayor Magee thanked City Treasurer Weber for his comments. He noted that
the City had a reporting responsibility to the State to meet the City's diversion
requirement and goals.
Mayor Magee noted that the County had a Load Checking Program. He
indicated that the program was sophisticated enough to track where loads came
from in case there was anyone disposing of items they should not be.
City Attorney Leibold confirmed that the existing Franchise Agreement with
CR&R covered recycIables which would address the issue of free trade
constraint and whether the City had the opportunity to restrict the recyclables
exclusively to CR&R or to opt with the approach taken in the proposed
Ordinance. She noted ~at fines are dictated by State Law and incorporated into
the City's code with a $100 for the first fine, $200 for the second and $500 for
the third or more in a one~year period. She noted that the fines were per day.
She noted that the deposit could not be substituted for a fine of any kind of '-'
equivalent value.
44. Planning Commission Resignation and Appointment Process.
Councilmember Kelley suggested taking the second person that she and the
Mayor had interviewed, a short time ago, rather than going through the entire
process. She noted the only problem with that option was that the individual
lived in Country Club Heights.
Mayor Magee noted that having an additional Country Club Heights resident as
a member of the Commission may be a problem. He had noted that there had
been issues with conflicts of interest with three of the members.
45. 32nd Year CDBG allocation.
Claudine Duitsman, Assistance League ofTemecula, gave a brief overview of
the organization she volunteered for and background information on the
Operation School Bell program they conduct to help supply school~aged
'-'
Agenda Item No. \ ~
Page~Of I~
,..... PAGE ELEVEN - STUDY SESSION MINUTES - JANUARY 10, 2006
children with cloths and school supplies. She thanked the Council for the grant
money they had received to date and whatever money they were to receive in
the future.
Mayor Magee thanked Ms. Duitsman for her comments.
Mayor Pro Tern Schiffner stated that he would be in favor of cutting the
allocation to the Senior Center by $6 thousand in order to distriubte that money
to other items listed under Public Service Programs.
Councilmember Buckley clarified that the Senior Center was getting $10
thousand. He noted that they received $17 thousand the year before.
,.....
Councilmember Buckley inquired if all the money allocated to Structure
Abatement had been spent for last year.
Community Services Director Sapp confirmed.
Councilmember Buckley inquired if the City would become an "Entitled City"
when a certain population mark was achieved.
Community Services Director Sapp confirmed that a city must meet the
population of 50 thousand in order to become an "Entitled City".
Councilmember Hickman inquired if the Boys and Girls Club allocation could
be cut from $5 thousand to $3 thousand in order to add $2 thousand to H.O.P.E.
Community Services Director Sapp stated that decision was up to the Council.
Councilmember Kelley noted that the Boys and Girls Club encompassed a lot
of programs to benefit a child's overall well being other than to be watched
after. She noted that the Boys and Girls Club projected an annual operation
budget of $180 thousand. She noted that the $180 thousand needed to be raised
,..... from contributions. She noted they charge for their services, but they also do
Agenda Item No. \ c.
Page -.lL Of 1 .)
PAGE TWELVE - STUDY SESSION MINUTES - JANUARY 10,2006
~
not turn any child away. She noted that there were a lot of scholarships
expected to the pay the cost of children who could not afford the program. She
noted that the $5 thousand went a long way for the Boys and Girls Club.
Mayor Magee inquired if the $5 thousand accommodation for the Boys and
Girls Club was expected to be ongoing and if the amount requested would be
consistent for future requests.
Councilmember Kelley stated that she was confident that the Boys and Girls
Club would be requesting grant money every year. She noted that they look for
every single place they can acquire grants. She noted that the program would
only grow in the future with the anticipation that they would be servicing more
children.
Community Services Sapp stated that if additional funding should come in,
money could be utilized toward other items.
......,
46. Industrial Design Review No. 2005-01.
No comments.
47. Proposed amendment to Joint Powers Agreement creating the Western
Riverside County Regional Conservation Authority.
City Treasurer Weber inquired if the amendment to the agreement was
proposed for cost effective reasons.
Mayor Pro Tern Schiffner stated that the amendment to the agreement was
efficient and cost effective.
City Attorney Leibold stated that the City already had an existing Joint Powers
Agreement. She noted that the RCA was a formed Joint Powers Authority. She
noted that the agreement showed what was deleted and was being added. She
indicated that amendment had to do with a staffing issue.
.....,
Agenda Item No.lL-
Page~Of 15
".-.. PAGE THIRTEEN - STUDY SESSION MINUTES - JANUARY 10,2006
48. Construction Contract Award for Interim Improvement at I-15/Railroad Canyon
Road Interchange.
Councilmember Hickman inquired why only 1 bid package was received.
City Engineer Seumalo indicated that it had to do with the current nature of
construction. He noted that they did not receive anything with the first call for
bids.
49. Resolution authorizing the issuance of bonds and approving bond documents
for Community Facilities District No. 2005-1 (Serenity).
Councilmember Buckley inquired why page 192 of 225 only had dates listed
and no amounts.
,.-...
Administrative Services Director Pressey indicated that was a preliminary
official statement.
Councilmember Buckley inquired if Council was in a position with the Item to
require KB Homes to consult with Northwest Mosquito Vector Control District
on the design of the facility.
City Attorney Leibold stated that she thought Council would have an
opportunity in connection with the permitting to require the consultation.
Mayor Magee indicated that the project had been approved before he was a part
of Council. He noted that he had received numerous complaints regarding the
builder. He further noted that builder had not complied with the City's
Conditions of Approval. He applauded staff for standing firm with respect to
Conditions of Approval in the requirements necessary before the applicant
received a Certificate of Occupancy. He stated that Councilmember Buckley's
suggestion of a consultation with mosquito abatement should be done rather
quickly after a Certificate of Occupancy was issued.
,-..
Agenda Item NO.\ c::...
Page~ Of \::>
PAGE FOURTEEN - STUDY SESSION MINUTES - JANUARY 10,2006
......,
Councilmember Buckley stated that the Northwest Mosquito and Vector
Control District, as a Public Health Agency, could shut down a project anytime
if they deemed it necessary.
REDEVELOPMENT AGENCY
CONSENT CALENDAR
1. Minutes.
No comments.
BUSINESS ITEMS
2. Annual State Controllers Report for the RDA for FY ending June 30, 2005.
......,
No comments.
3. Industrial Design Review No. 2005-01.
No comments.
4. Final Map No. 34023.
No comments.
5. Oak Grove Equities.
No comments.
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 5:17 P.M.
......,
Agenda Item No. \ (:.,
page.-R Of \5
,-.. PAGE FIFTEEN - STUDY SESSION MINUTES - JANUARY 10,2006
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
GENIE KELLEY, CHAIRWOMAN
REDEVELOPMENT AGENCY
Respectfully submitted,
,,-. MICHELLE SOTO, DEPUTY CITY CLERK
ATTEST:
FREDERICK RAY, CITY CLERK
~
Agenda Item No. \C-r
Page ) U Of )5'
--
,-...
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JANUARY 10,2006
******************************************************************
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Magee at 5 :00
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
,-...
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Development Director
Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources
Director Kilroy, Information/Communications Manager Dennis, City
Engineer Seumalo, Police Chief Fetherolf, City Treasurer Weber and City
Clerk Ray.
CLOSED SESSION
THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO
CLOSED SESSION AT 5:00 P.M.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
PLEDGE OF ALLEGIANCE
",.-
Agenda Item No. ld
page~Of~
Page 2 - City Council Minutes - January 10,2006
The Pledge of Allegiance was led by City Manager Brady.
'-"
INVOCA TION - MOMENT OF SILENT PRAYER
Mayor Magee led the meeting in a moment of silent prayer.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Development Director
Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources
Director Kilroy, Information/Communications Manager Dennis, City
Engineer Seumalo, Police Chief Fetherolf, City Treasurer Weber and City
Clerk Ray.
""'"
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION - Significant exposure to litigation pursuant to
Subdiyision(b) ofGoy't Code ~ 54956.9: (3 potential cases)
b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GOy't
Code ~ 54956.8)
Property: 32395 Corydon, Lake Elsinore, California (A.P.N. 370-120-045)
Negotiating parties: City of Lake Elsinore and The Cambridge Foundation
Under negotiation: price and terms of payment
c. CONFERENCE WITH REAL PROPERTY NEGOTIATIOR (GOy't
Code ~ 54956.8)
Property: A.P.N. 363-200-001
Negotiating parties: City of Lake Elsinore and Pardee Homes
Under negotiation: price and terms of payment
CLOSED SESSION REPORT
""'"
Agenda Item No. \ d
page..2.. of ;:30
Page 3 - City Council Minutes - January 10,2006
/"""'
City Attorney Leibold announced the Closed Session discussion items as listed
above. She noted that the items were discussed and there was no reportable action.
PRESENTATION/CEREMONIALS
A. Certificate of Appreciation - La Tre Restaurant
Mayor Magee called forward Mr. Thach Le, owner of La Tre Restaurant.
Mayor Magee noted the location of the restaurant and commented that he
participated with the holiday gift distribution.
Mr. Le thanked the Council and commented that the Ron and Cindy
Hewison and all the volunteers involved deserved the recognition. He
applauded all the volunteers and the community.
B.
Presentation - Adult Softball
~
Community Services Director Sapp commented on the Adult Softball
Program. He noted that in the past the program was outsourced and this year-
they decided to bring it in-house. He noted that City employee David
Gonsalves was the coordinator of the program.
David Gonsalves presented t-shirts to the Council. He noted that the next
season would start March 9th. He noted that there would be a co-ed league
and packets would be available starting January 16th. He presented the
trophy to Aces and 8' s who were the league champions.
Mark Gricherson accepted the trophy from Mayor Magee. He invited the
Council to come out and play. Mr. Gricherson invited the community to join
the league and encouraged everyone to show more support for the league.
c. Business of the Quarter
Mayor Magee called forward Mr. Nathan Seer, manager of Diamond
Cinemas. He noted the Ockey family made a $2 million investment into the
community. He noted that the building had been vacant for 4 years. He
indicated citizens have been complimenting the new cinema.
/"""'.
Mr. Seer thanked the Council and the community for supporting the cinema.
He invited everyone to visit and view a movie at the Diamond Cinema. He
Agenda Item No.id
page30f~
Page 4 - City Council Minutes - January 10,2006
noted the stadium seating and digital sound amongst other amenities.
.....",
D. Chamber of Commerce Update
Kim Cousin, President, commented on the success of the Chamber for 2005.
He indicated thatthe membership increased by over 30%, their web site was
significantly enhanced and that they instituted a new branding campaign
utilizing the historic Santa Fe Train Station. He noted the station would be
celebrating its 11 oth anniversary in April. He also noted they created a new
legislative advocacy program and increased the participation of the business
community. He listed the nominees for the Small Business of the Year,
Business of the Year and Citizen of the Year. He congratulated Cherish
Memory forbecoming the Chamber Business of the Month.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
David Cooper, 32900 Riverside Drive, commented that years ago the pastors from
the local churches gave a prayer at the start of the Council meetings. He noted that
the ACLU wrote the City a letter prohibiting prayer at Council meetings. He
recited Benjamin Franklin's comments made at a meeting in 1787. He requested
that Council held prayer before meetings. ......,
James Bush, 32480 Cape Drive, commented on a document he received in the
mail. He requested to be placed on a mailing list to ensure that residents of the
Serenity housing tract were notified of any information relating to the document he
had received. He indicated that the document commented on the relocation of the
motocross track.
Elnore Janes, 32425 Racquet Club Way, commented that she was against the
relocation of the motocross track. She commented on the dust and noise. She
suggested Council take those issues into consideration.
Loraine Watts, 210 N. Scrivener Street, announced that the NAACP would be
hosting a Prayer Breakfast at Diamond Stadium to celebrate Martin Luther King's
birthday on January 16th. She invited everyone to the event.
Ruth Atkins, Downtown Merchant Association, commented that the Open Air
Market would be held on January 22, 2006. She invited the community to the
event.
....""
Agenda Item No. \ d
page~Of~
Page 5 - City Council Minutes - January 10, 2006
~
Chris Hyland, Lake Elsinore, commented that the Historical Society would be
opening their research library on Wednesday, 11 a.m. to 3 p.m. and on the fourth
Sunday of the month from 1 p.m. to 4 p.m. She commented that they had received
some books about Lake Elsinore from a lady in Vancouver.
Donna Franson, 7 Villa Valtelena, commented that the Lake Elsinore Citizen
Committee would hold it first quarterly meeting for 2006, at the Tuscany Hills
Recreation Center, on January 26th at 7 p.m. She noted that Mayor Magee would
be the guest speaker. She encouraged citizens to attend the meeting.
Larry Daley, Los Angeles, commented that he represented a company called ARI
and they would like to be a part of the Lake Elsinore community.
CONSENT CALENDAR ITEMS
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS
PRESENTED.
..--'
1.
The following Minutes were approved:
a. City Council Study Session - September 29,2005.
b. Regular City Council Meeting - October 11,2005.
c. Joint City Council/Redevelopment Agency Study Session - October
25,2005.
d. Joint City Council/Redevelopment Agency Study Session-
November 8,2005.
e. Joint City Council/Redevelopment Agency Study Session -
November 22,2005.
f. Regular City Council Meeting - November 22, 2005.
2. Ratified Warrant List for December 30,2005.
3. Adopted Resolution No. 2006-01, update to LAIF Resolution.
4. Awarded bid to Excel Landscape in the amount of$19,072 for the landscape
installation on Grand A venue.
,,-..
5.
Approved PSAC recommendation and directed the City Attorney to prepare
the revised Ordinance language for stricter enforcement of home parties for
Agenda Item NO.n
Page5 of~
Page 6 - City Council Minutes - January 10,2006
future Council consideration.
.--'.
6. Authorized the City Manager to issue a purchase order to Dell Computer,
Inc. for replacing obsolete computer equipment.
7. Adopted Resolution No. 2006-02, approving the Deposit and
Reimbursement Agreement and two Fee Deposit Reimbursement
Agreements.
8. Approved Final Map No. 33056. Authorized the City Clerk to accept all
dedications, sign the map and arrange for the recordation.
9. Approved Final Map No. 34023. Authorized the City Clerk to accept all
dedications, sign the map and arrange for the recordation.
PUBLIC HEARINGS
None.
BUSINESS ITEMS
'-"
31. Second Reading - Ordinance No. 1153 - Amending Chapter 16.74 to title
16 of the Lake Elsinore Municipal Code establishing fees on development
pro j ects.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1153.
ORDINANCE NO. 1153
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING CHAPTER 16.74 TO TITLE 16 OF
THE LAKE ELSINORE MUNICIPAL CODE ESTABLISHING
FEES ON DEVELOPMENT PROJECTS.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
""""
Agenda Item NO.1d
pag(n. of3:)
Page 7 - City Council Minutes - January 10,2006
/'""'"
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
32. Second Reading - Ordinance No. 1154 - Approving Zone Change No.
2005-03.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1154.
ORDINANCE NO. 1154
~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
ZONE CHANGE NO. 2005-03 CHANGING THE ZONING
DESIGNATION (FOR THE PARCEL SPECIFICALLY
DESCRIBED AS ASSESSOR PARCEL NUMBER 373-071-
018) FROM C-2 (GENERAL COMMERCIAL DISTRICT)
TO R-3 (HIGH DENSITY RESIDENTIAL DISTRICT).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
33. Second Reading - Ordinance No. 1155 - Approving Zone Change No.
2005-06.
,-. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY
A UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1155.
Agenda Item NO.1d
Page3of.3::)
Page 8 - City Council Minutes - January 10,2006
ORDINANCE NO. 1155
.....,
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING ZONE CHANGE NO. 2005-06 CHANGING
THE ZONING DESIGNATION OF THE PARCELS
SPECIFICALLY DESCRIBED AS PARCEL NO(S) 2, 3
AND 4 ON EXHIBIT "A" OF LOT LINE ADJUSTMENT
NO. 2004-08 TO R-3 HIGH DENSITY RESIDENTIAL
DISTRICT UNDER THE ZONING ORDINANCE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
"""
ABSTAIN: COUNCILMEMBERS:
NONE
34. Second Reading - Ordinance No. 1156 - Authorizing the levy of a services
special tax and special tax.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY
A UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1156.
ORDINANCE NO. 1156
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE
LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX.
"""
Agenda Item NO.1d
pagea of ~
Page 9 - City Council Minutes - January 10,2006
/""""
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NONE
NONE
NONE
35. Second Reading - Ordinance No. 1158 - Authorizing the levy ora special
tax within Annexation Area No. 14.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY
A UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1158.
ORDINANCE NO. 1158
/"""'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO.
2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO. 14 (LAKEVIEW VILLAS) ANNEXED TO SAID
DISTRICT.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
r--
ABSTAIN: COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NONE
NONE
NONE
Agenda Item No.ld
page9- Of~
Page 10 - City Council Minutes - January 10,2006
36. Second Reading - Ordinance No. 1159 - Authorizing the levy of a services
special tax and special tax. '-..JII
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1159.
ORDINANCE NO. 1159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF
A SERVICES SPECIAL TAX AND A SPECIAL TAX.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
'-..JII
ABSTAIN: COUNCILMEMBERS:
NONE
37. Second Reading - Ordinance No. 1160 - Amendment to LEMC Chapter
5.78 regarding Significant Palm Trees.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1160.
ORDINANCE NO. 1160
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING THE DEFINITIONS
PORTION OF CHAPTER 5.78 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING SIGNIFICANT PALM TREES.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
'-..JII
Agenda Item NO.td-
Page \0 of i3.:>
Page 11 - City Council Minutes - January 10,2006
r--
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
38. Second Reading - Ordinance No. 1161 - Approving Specific Plan No. 2004-
01.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1161.
ORDINANCE NO. 1161
,-..
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC
PLAN NO. 2004-01 CHANGING THE ZONING DESIGNATION
OF THE PROPERTY GENERALLY LOCATED NORTHWEST
OF RIVERSIDE AVENUE, SOUTHEAST OF MACHADO
STREET, AND NORTH OF GRAND AVENUE, BETWEEN
ULLA AND TILLER LANES FROM R-l SINGLE FAMILY
RESIDENTIAL DISTRICT AND R-2 MEDIUM DENSITY
RESIDENTIAL DISTRICT TO SPECIFIC PLAN UNDER THE
ZONING ORDINANCE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
~
ABSTAIN: COUNCILMEMBERS:
NONE
Agenda Item No. \ d
page1Lof~
Page 12 - City Council Minutes - January 10,2006
39. Second Reading - Ordinance No. 1162 - Authorizing the levy of a special
tax within Annexation Area No. 13. ....,
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1162.
ORDINANCE NO. 1162
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY
OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES
DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 13 (VILLAGES
AT WASSON CANYON) ANNEXED TO SAID DISTRICT.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
....,
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
40. Second Reading - Ordinance No. 1163 - Authorizing the levy of a special
tax within Annexation Area No. 13.
MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1163.
ORDINANCE NO. 1163
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE
LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX
~
Agenda Item No.ld
page\2of~
Page 13 - City Council Minutes - January 10,2006
/""" UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NONE
NONE
NONE
41. Second Reading - Ordinance No. 1164 - Authorizing the levy of a special
tax.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1164.
~
ORDINANCE NO. 1164
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE
LEVY OF A SPECIAL TAX.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NONE
NONE
NONE
42. Second Reading - Ordinance No. 1166 - Approving Amendment No.8 to
the East Lake Specific Plan No. 93-3.
/"""
Agenda Item NO.~
page\3of~
Page 14 - City Council Minutes - January 10,2006
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT ORDINANCE NO. 1166. ~
ORDINANCE NO. 1166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
AMENDMENT NO. 8 TO THE EAST LAKE SPECIFIC
PLAN NO. 93-3, LOCATED SOUTH OF MISSION TRAIL,
WEST OF CORYDON STREET, NORTH OF COMO
STREET AND EAST OF THE PROPOSED JOHN LAING
HOMES PROJECT, AND KNOWN AS ASSESSOR'S
PARCEL NOS. 370-020-003; 370-030-004, -006, AND -012;
370-040-036 THRU -038; 370-070-001, -002, -004 THRU -006,
AND -010; 370-080-009 AND -010.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
~
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
43. Adoption of a Construction and Demolition Recycling Ordinance.
Mayor Magee introduced the item and deferred to Recreation/Tourism
Manager Fazzio.
Mrs. Fazzio gave an in-depth overview of the item. She indicated that
adopting the Ordinance would further the City's efforts to comply with AB
939. She noted that current Conditions of Approvals required applicants to
contract with CR&R for trash removal and recycling, but did not include any
type of penalty for not complying or any type of percentage the City would
like for them to recycle. She indicated that the proposed Ordinance would
contain a 50% requirement for applicants and a deposit of3% of the .....,
Agenda Item NO.rl
paga of i:O
Page 15 - City Council Minutes - January 10,2006
/"'"'
estimated project cost or $10,000 which ever was greater. She noted prior to
any type of approval the applicant would need to submit a waste
management plan to the City.
Mrs. Fazzio commented that the City was not in compliance with the 50%
diversion rate and was under an extension with the California Integrated
Waste Management Board.
City Attorney Leibold commented that the City did have an exclusive
franchise agreement with CR&R. She noted that the proposed Ordinance
required that contracting with a company for carrying away the recycling
would need to be with the City's franchisee. She explained that if a
developer wanted to submit a plan and proposed to conduct the recycling
themselves, they could do so with a company that did not charge for hauling.
Mayor Pro Tern Schiffner requested that staff read the Ordinance for the
public. Recreation/Tourism Manager Fazzio read the Ordinance.
~
Councilmember Buckley requested clarification ifany new home were
covered by the Ordinance. Mrs. Fazzio clarified.
Councilmember Buckley question if the Ordinance was similar to ordinances
CR&R dealt with in other cities. Mr. David Fahrion, CR&R, commented
that the Ordinance was similar to the ordinance they used in other cities. He
indicated that currently in the City the materials were being mixed together
and going directly to the land-field. He indicated that the self haul rate for
the City had doubled, which generated from the residential development. He
noted that it had a huge affect on the City's diversion rate.
MOVED BY BUCKLEY, SECONDED BY HICKAMN TO ADOPT
ORDINANCE NO. 1167.
ORDINANCE NO. 1167
,.-.
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 14.12 TO TITLE 14 OF THE
LAKE ELSINORE MUNICIPAL CODE EST ABLISHING A
REQUIREMENT TO SUBMIT AND COMPLY WITH A WASTE
MANAGEMENT PLAN FOR CERTAIN CONSTRUCTION AND
Agenda Item NO.1d
Page~ of ~
Page 16 - City Council Minutes - January 10,2006
DEMOLITION PROJECTS WITHIN THE CITY OF LAKE
ELSINORE.
~
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
44. Planning Commission Resignation and Appointment Process.
Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady indicated that Planning Commissioner Fred Francia had
submitted a Letter of Resignation. He noted that Mr. Francia's term would ~
have expired in June 2006. He further noted that Planning Commissioner
LaPere's term also ended in June 2006. So therefore there would be two
appointments to be made in June. He commented that staff had provided
Council with some options in the staff report.
Ron LaPere, 16867 Well Street, suggested that Council hold off on filling
the vacant seat. He commented that the application process normally took
30 to 60 days. He indicated that the selected individual would serve 2 to 3
months and would be required to go through the process again in June.
Councilmember Hickman agreed with Commissioner LaPere.
MOVED BY HICKMAN, SECONDED BY KELLEY TO LEAVE THE
POSITION VACANT UNTIL JULY 1,2006 AND ACCEPT THE LETTER
OF RESIGNATION FROM MR. FRED FRANCIA.
Councilmember Buckley commented that as a new Council Policy there
would be a creation of an annual list to be reviewed for filling vacancies.
.....",
Agenda Item No.ld
pagellD of ~
Page 17 - City Council Minutes - January 10,2006
/""""
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
45. 32nd Year CDBG Allocation.
Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady commented that the item would be presented by
Community Services Director Sapp.
Community Services Director Sapp gave an in-depth overview of the item.
He indicated that the City had received 11 applications totaling $622,360.
He noted staff s recommendations.
Ron Hewison, 35 Villa Valtelena, H.O.P.E. Representative, commented that
the County reduced the funding for H.O.P.E. by 50%. He noted the
adjustments made by H.O.P.E. to continue the service in the community.
Councilmember Hickman suggested reducing the Senior Center to $8,000
and increasing H.O.P.E. to $10,000.
,,-..
Councilmember Buckley requested clarification regarding the possibility of
there being an additional $68,000. Mr. Sapp commented that last year the
City received an additional $68,000 and he was expecting the additional
funding this year to be in that range. He indicated that it was a timing issue
with the County. Buckley suggested adding "if the timing is correct staff
would come back with the 15% of the additional allocation."
MOVED BY HICKMAN, SECONDED BY BUCKLEY TO ADOPT 32ND
CDBG PROGRAM WITH A MODIFICATION TO GIVE THE LAKE
ELSINORE SENIOR CENTER $8,000 AND H.O.P.E. $10,000 AND TO ADD
"IF THE CITY RECEIVE ADDITIONAL FUNDING FROM RIVERSIDE
COUNTY STAFF WILL BRING 15%) OF THOSE FUNDS TO THE
PROGRAMS THAT SUBMITTED APPLICATIONS."
Councilmember Kelley introduced the local Boys & Girls Club's new
Director Angela Fox. She thanked the City and Council on behalf of the
Boys & Girls Club for the funding.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
r"'"
Agenda Item NO.l.d
Page I "::} of ~
Page 18 - City Council Minutes - January 10, 2006
46. Industrial Design Review No. 2005-01.
'-"
Mayor Magee introduced the item and deferred to Community Development
Director Preisendanz.
Mr. Preisendanz gave an in-depth overview of the item. He noted the
location of the project. He indicated that the Planning Commission heard
the item and were recommended that Council approve the item.
Councilmember Buckley commented that it was a good looking product.
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-03, ADOPTING
FINDINGS OF CONSISTENCY WITH THE MSHCP.
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-04,
APPROVING INDUSTRIAL DESIGN REVIEW NO. 2005-01.
GENERAL CONDITION
'-"
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or
proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside,
void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative
body concerning the, Industrial Project which action is bought within the time period
provided for in California Government Code Sections 65009 and/or 66499.37, and Public
Resources Code Section 21167. The City will promptly notify the Applicant of any such
claim, action, or proceeding against the City and will cooperate fully with the defense. If the
City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant
shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City.
PLANNING DIVISION
2. Design Review approval for Industrial Project No. I 2005-01 will lapse and be void unless
building permits are issued within one (1) year of City Council approval.
3. Conditions of Approval shall be reproduced on page one of building plans submitted to the
Building Division for Plan Check. All Conditions of Approval shall be met prior to the
issuance of a Certificate of Occupancy and release of utilities.
4. All site improvements approved with this request shall be constructed as indicated on the
approved site plan and elevations. Revisions to approved site plans or building elevations ""
Agenda Item No. \ d
Page\.a Of.?:/::J
Page 19 - City Council Minutes - January 10,2006
,-....
shall be subject to the review of the Community Development Director. All plans submitted
for Building Division Plan Check shall conform to the submitted plans as modified by
Conditions of Approval, or the Planning Commission/City Council through subsequent
action.
5. Structures shall be placed on-site as depicted on the site plan and/or as modified by the
Community Development Director or designee.
6. Any revisions to the interior floor plans that could cause the requirement for additional
parking shall be subject to the review and approval of the Community Development Director
or designee.
7. All roof mounted or ground support air conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so that
they are not visible from neighboring property or public streets. Any material covering the
roof equipment shall match the primary wall color.
8. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare
onto neighboring property and streets or allow illumination above the horizontal plane of the
fixture. All light fixtures shall match the architectural style of the building.
9. All loading zones shall be clearly marked with yellow striping and shall comply with the
,-.... requirements ofthe LEMC.
10. Applicant shall meet ADA (Americans with Disabilities Act) requirements.
11. The applicant shall construct a six foot (6') decorative masonry wall with pilasters along the
northwestern boundary and the open portions of the southeastern boundary of the project. A
six foot (6') tubular steel fence shall be constructed along the southwestern boundary.
12. All storage areas shall be enclosed with a six foot (6') masonry wall and six foot (6') opaque
gates. If precision block is used, the block shall be painted a color to match the associated
building per the review and approval of the Community Development Director or designee.
13. Trash enclosures shall be constructed per City standards as approved by the Community
Development Director. A five foot (5') landscaped planter is required on each side of the
trash enclosure.
14. No exterior roof ladders shall be permitted.
15. Applicant shall use roofing materials with Class "A" fire rating.
16. All exterior downspouts shall be painted to match with building exterior color.
~
Agenda Item No. \ d
pageB of ~
Page 20 - City Council Minutes - January 10,2006
17. The Planning Division shall approve the location of any construction trailers utilized during
construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan "'"
and processed through the Planning Division.
18. Materials and colors depicted on the plans and materials board shall be used unless modified
by the applicant and approved by the Community Development Director or designee.
19. On-site surface drainage shall not cross sidewalks.
20. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart.
21. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation
system and erosion control vegetation installed, approved by the Landscape Architectural
Consultant and Planning Division.
22. The applioant shall submit a Sign Program for the approval of the Planning Commission
prior to issuance of the first building permit.
Deleted at Planning Commission December 20, 2005
22. The applicant shall submit a Sign Programfor the approval of the Planning Commission and
record a Notice of Completion prior to the issuance of the first certificate of occupancy.
Prior to the last issuance of a Certificate of Occupancy, the Planning Commission shall
approve the Sign Program.
Added at Planning Commission December 20, 2005 ....."
23. All drive aisles and loading areas shall be kept free and clear of any materials/merchandise so
as not to obstruct on-site circulation and deliveries.
24. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters
(paver to include curb width).
PRIOR TO BUILDING/GRADING PERMITS
25. Prior to issuance of any grading permit or building permits, the applicant shall sign and
complete an "Acknowledgement of Conditions" form and shall return the executed original
to the Planning Division for inclusion in the case records.
26. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed
and approved by the City's Landscape Architect Consultant and the Community
Development Director or designee, prior to issuance of building permit. A Landscape Plan
Check & Inspection Fee will be charged prior to final landscape approval based on the
Consultant's fee plus forty percent (40%) City fee.
a) All planting areas shall have permanent and automatic sprinkler system with
100% plant and grass coverage using a combination of drip and conventional
irrigation methods. ....."
Agenda Item No. \ d
Page~f 2:f:)
Page 21- City Council Minutes - January 10,2006
tI""""
b) Applicant shall plant street trees, selected from the City's Street Tree List, a
maximum of thirty feet (30) apart and at least twenty-four-inch (24") box in size.
c) All planting areas shall be separated from paved areas with a six-inch (6") high
and six-inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than
thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parking lot shade tree to
provide for 50% parking lot shading in fifteen (15) years.
f) Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City's adopted Landscape Guidelines. Special attention to the
use of Xeriscape or drought resistant plantings with combination drip irrigation
system to be used to prevent excessive watering.
,r-
h) All landscape improvements shall be bonded 100% for material and labor for two
years from installation sign-off by the City. Release of the landscaping bond shall
be requested by the applicant at the end of the required two years with
approval/acceptance by the Landscape Consultant and Community Development
Director or Designee.
i) All landscaping and irrigation shall be installed within affected portion of any
phase at the time a Certificate of Occupancy is requested for any building. All
planting areas shall include plantings in the Xeriscape concept, drought tolerant
grasses and plants.
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
27. A minimum of thirty (30) days prior to any ground disturbance the applicant shall conduct a
follow-up Biological Survey for the burrowing owl. Results of that survey shall be presented
to the Planning Division for review and approval prior to obtaining a grading permit.
28. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water
District. Proof shall be presented to the Chief Building Official prior to issuance of building
permits and final approval.
29. Prior to issuance of building permits, applicant shall provide assurance that all required fees
~. to the Lake Elsinore Unified School District have been paid.
Agenda Item NO\ 0
Pag~2L Of~
Page 22 - City Council Minutes - January 10,2006
30. Prior to issuance of building permits, applicant shall provide assurance that all requirements
of the Riverside County Fire Department have been met. ......,
31. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of
building permit issuance.
32. The applicant shall comply with Section 17.78, Noise Control of the Lake Elsinore
Municipal Code.
33. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of each
building permit.
ENGINEERING DIVISION
General Conditions:
34. All Public Works requirements shall be complied with as a condition of development as .
specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
35. Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030.(LEMC) and be consistent with the City's agreement with the Elsinore Valley
Municipal Water District.
36. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), ......,
mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and
inspection fees associated with the project and its development.
37. Submit a "Will Serve" letter to the City Engineering Division from the applicable water
agency stating that water and sewer arrangements have been made for this project. Submit
this letter prior to grading plan approval.
38. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake
faults and/or liquefaction zones present on-site or a licensed geologist or a geotechnical
engineer shall prepare a statement, stating there are no known earthquake faults or
liquefaction zones present.
Street Improvements:
39. All street improvements and street lighting along Pasadena Avenue shall be installed and
functioning prior to certificate of occupancy.
40. Construct all public works improvements on Pasadena per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to grading plan
approval (LEMC 16.34).
......,
Agenda Item No.ld
Pag~f -.2f)
Page 23 - City Council Minutes - January 10,2006
~
41. Street improvement plans and specifications shall be prepared by a California Registered
Civil Engineer. Improvements shall be designed and constructed to Riverside County Road
Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
42. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 WI x 11" Mylar) shall be submitted to the Engineering Division before final
inspection of public works improvements will be scheduled and approved.
43. Provide final soils report showing compliance with recommendations.
44. The applicant shall install permanent survey monuments in compliance with the City's
municipal code.
45. Applicant shall submit a traffic control plan showing all traffic control devices for the project
and it shall be approved with the street plans. All traffic control devices shall be installed
prior to final inspection of public improvements. This includes No Parking and Street
Sweeping Signs.
46. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit
tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300
per sheet for City digitizing.
~
Grading:
47. Applicant shall obtain all necessary off-site easements for off-site grading or construction
from the adjacent property owners prior to issuance of grading permit.
48. Apply and obtain a grading permit prior to building permit issuance. A grading plan signed
and stamped by a California Registered Civil Engineer shall be required if the grading
exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by
the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not
required, a grading permit shall still be obtained so that a cursory drainage and flow pattern
inspection can be conducted before grading begins.
49. All grading shall be done under the supervision of a geotechnical engineer and he shall
certify all slopes steeper than 2 to 1 for stability and proper erosion control.
50. Prior to commencement of grading operations, applicant to provide to the City with a map of
all proposed haul routes to be used for movement of import/export material. Such routes
shall be subject to the review and approval of the City Engineer.
51. Applicant to provide to the City a photographic baseline record of the condition of all
proposed public City haul roads. In the event of damage to such roads, applicant shall pay
full cost of restoring public roads to the baseline condition. A bond may be required to
~ ensure payment of damages to the public right-of-way, subject to the approval of the City
Engineer.
Agenda Item No. \d
Page2.:Sof::i:2
Page 24 - City Council Minutes - January 10,2006
52. All waste material, debris, vegetation and other rubbish generated during cleaning, ~
demolition, clear and grubbing or other phases of the construction must be disposed of at
appropriate recycling centers. The applicant should contract with CR&R, Inc., for recycling
and storage container services, but the applicant may use the services of another recycling
vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for
bin rental or solid waste disposal. If the applicant is not using CR&R, Inc., for recycling
services and the recycling material is either sold or donated to another vendor, the applicant
shall supply proof of debris disposal at a recycling center, including verification of tonnage
by certified weigh master tickets.
Utilities:
53. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
54. Provide fire protection facilities as required in writing by the Riverside County Fire
Department.
55. Developer shall install blue reflective pavement markers in the street at all fire hydrant
locations.
Drainage:
~
56. A hydrology and hydraulic study and calculations for the proposed on site storm drainage
system shall be submitted and approved prior to issuance of a grading permit. The storm
drains and proposed catch basins shall be designed to an approved hydraulic grade line in the
Lake Elsinore overflow/outlet channel. This channel has considerable standing water after
rainfall. After recent rainfall, at the existing catch basin at the westerly end of Central
A venue standing water was observed in the catch basin to a height that left approximately 6
inches of the exposed soffit of the outlet pipe. As such, the developers engineer shall give
special attention in selecting the hydraulic grade line for the overflow/outlet channel in
preparation of the hydraulic design of the proposed inlet catch basins.
57. Meet all requirements ofLEMC 15.68 regarding flood plain management.
58. The Riverside County Water Quality Management Plan requires this project to prepare a
project specific Water Quality Management Plan (WQMP). As such the applicant will be
required to prepare a WQMP install BMP's using the best available technology to mitigate
any urban pollutants from entering the watershed. The plan shall identify "pollutants of
concern" and "hydrologic conditions of concern", and mitigate in accordance with the
Riverside County Water Quality Management Plan. The project shall be design a water
quality detention basin capable of releasing the post-development 2-yr and 10 year, 24 hour
peak flow rates, respectively, equal to the pre-development 2 year and 10 year 24 hour peak
flow rates. The 100-year storm shall pass without damage to the facility and the outlet
.~
Agenda Item No. \ d
Page~of :::t::d
Page 25 - City Council Minutes - January 10,2006
~
velocities shall be controlled such that downstream erosion and habitat loss is minimized.
Said plan shall be approved prior to the issuance of a grading or site development permit.
59. Applicant will be required to install BMP's using the best available technology to mitigate
any urban pollutants from entering the watershed. Applicant shall provide first flush BMP's
using the best available technology that will reduce stormwater pollutants from parking areas
and driveways. This would include the use of a biofilter swale or other BMP techniques.
Education guidelines and Best Management Practices (BMP) shall be provided to the
property owner and/or tenant in the use of herbicides, pesticides, fertilizers as well as other
environmental awareness education materials on good housekeeping practices that contribute
to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the
Riverside County NPDES Drainage Area Management Plan.
60. All drainage facilities in this site shall be constructed to Riverside County Flood Control
District Standards.
61. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the
drain system, the wording and stencil shall be approved by the City Engineer. .
62. 10-year storm runoff should be contained within the curb and the 100-year storm runoff
should be contained with the street right-of-way. When either of these criteria is exceeded,
drainage facilities should be installed.
~
63. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for
their stormwater pollution prevention plan including approval of erosion control for the
grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for
post construction which describes BMP's that will be implemented for the development and
including maintenance responsibilities.
47. Proposed amendment to Joint Powers Agreement creating the Western
Riverside County Regional Conservation Authority.
Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady gave an overview of the item and indicated that it was
an administrative change.
Mayor Magee noted that Mayor Pro Tern Schiffner served as the City's
representative to the Regional Conservation Authority.
Mayor Pro Tern Schiffner commented that the Item was more of a
housekeeping item.
,,-..
Councilmember Hickman clarified that the RCA would now be responsible
Agenda Item No.ld
Page G.~ of~
Page 26 - City Council Minutes - January 10,2006
for the MSHCP and WRCOG would handle the TUMF.
'-"
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE AMENDMENT NO.1 AND
AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT AND ANY
ANCILLARY IMPLEMENTING DOCUMENTS.
48. Construction Contract Award for Interim Improvements at I-15lRailroad
Canyon Road Interchange.
Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady gave an overview of the item and deferred to City
Engineer Seumalo.
City Engineer Seumalo gave an in-depth overview of the item. He explained
what the improvements would include. He noted that there were not any
bids received for the first bid opening that took place on October 4th. He
further noted at the direction of Council the project was sent back out for bid
and the second bid opening took place on November 16th, receiving one bid.
The bid was submitted by R.J. Noble in the amount of$2,755,038.70. He
noted that staff was recommending approval of the contract and the approval
of an additional $1,450,000.
'-'
At the Mayor's request Mr. Seumalo clarified that the intent of staff and the
contractor was to minimize the impact on the traveling public. He indicated
that there would be day time work, but it would be restricted to off hours or
absolutely necessary during the day. He further indicated that evening work
was incorporated in the project.
Councilmember Buckley commented that the project had to be done. He
requested clarification of the timeframe for the project. Mr. Seumalo
clarified the estimated start time was mid February and, to finish mid June.
Councilmember Kelley requested that Mr. Seumalo comment on the
improvements to take place. Mr. Seumalo commented that there would be
lanes added to the on and off ramps northbound and southbound; including a
dedicated right turn lane on the northbound off ramp; three lanes at the
completion for southbound (2 dedicated left and one dedicated right);
additional through lanes both eastbound and westbound on Railroad Canyon
Road including the additional right turn dedicated lane. He noted that it
'-"
Agenda Item No.1d
pag~f~
Page 27 - City Council Minutes - January 10,2006
,,-...
would help the existing congestion while the City moved forward with the
ultimate improvements.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO AWARD THE
CONTRACT TO R.J. NOBLE, AUTHORIZE THE CITY MANAGER TO
EXECUTE THE CONTRACT WITH R.J. NOBLE IN THE AMOUNT OF
$2,755,038.70. APPROVE THE USE OF AN ADDITIONAL $1,150,000
FROM RAILROAD CANYON BENEFIT DISTRICT FUNDS AND $300,000
FROM THE TRANSPORTATION IMPROVEMENT FUND (TIF) TO
FINANCE THE MODIFIED AMOUNT.
Councilmember Hickman questioned if it would be feasible to detour some
of the traffic to Bundy Canyon. Mr. Seumalo explained that the changeable
message signs would be programmed to notify the traveling public that they
could get off sooner than Railroad Canyon Road.
r'
Mayor Magee commented that the improvement was long overdue by no
fault of City staff. He noted that staff had been working diligently. He
indicated that staff would be meeting with the new Caltrans Director to
discuss all of the projects that impacted the Caltrans system. He indicated
that the project was originally budgeted at $1.4 million and had taken more
than two years in the permitting process and was now $2.8 million project.
He noted that Caltrans had an obligation to expedite the permit process for
these projects especially when they were not funding, designing or building
the project.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
49. Resolution authorizing the issuance of bonds and approving bond documents
for Community Facilities District No. 2005-1 (Serenity).
Mayor Magee introduced the item and deferred to Administrative Services
Director Pressey. Mr. Pressey gave an in-depth overview of the item. He
indicated that the Council approved the Resolution of Intention on January
25th, 2005. He noted the bond was not to exceed $12 million; and facility
cost was estimated at $7,656,000.
"........
Councilmember Buckley commented that they briefly discussed at the 4:00
p.m. Study Session some of the problems that were occurring at the Serenity
II project. He indicated that the City was a member of the Northwest
Agenda Item NO.~
Pag~ =} Of~
Page 28 - City Council Minutes - January 10,2006
Mosquito Vector Control District, which was a public health agency. He
suggested Council order KB Homes to consult with the District. He noted
that he was the District representative and that he had taken a set of plans to
the District. He noted the District was a little concerned; and he had tried
contacting KB Homes and they had not been too responsive. He noted that
developers needed to be reminded that as a public health agency that the
Northwest Vector Control Agency can, if they find a public health nuisance,
shut down a project and any construction on that project immediately.
...,,;
Mayor Pro Tern Schiffuer requested confirmation that the bond was routine
and if there was anything unusual about it. Mr. Pressey confirmed.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-05,
APPROVING THE ISSUANCE OF SERIES A BONDS, FISCAL AGENT
AGREEMENT, CONTINUING DISCLOSURE AGREEMENT,
DEVELOPER CONTINUING DISCLOSURE AGREEMENT, PURCHASE
CONTRACT, FUNDING, CONSTRUCTION AND ACQUISITION
AGREEMENT, PRELIMINARY OFFICIAL STATEMENTS.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:20
P.M.
~
THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:28 P.M.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
Ralph Crescini, ARI, commented that they had submitted some proposals for
development on Franklin Street and Ellis Street as well as Spring Street. He noted
that it was reviewed in closed session with no reportable action. He indicated that
City Manager Brady and City Attorney Leibold had outlined issues the City had
regarding needs and other planning issues. He indicated that he would like an
update.
Mayor Magee suggested that Mr. Crescini discuss those issues with City Manager
Brady after the Council meeting.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
...,,;
Agenda Item NO.W
Page2Bof ~
Page 29 - City Council Minutes - January 10,2006
r--
1) Announced the following upcoming events:
Jan 21 st
Jan 22nd
Jan 28th
Chamber of Commerce Dinner
Open Air Farmer's Market
Compost Workshop
CITY ATTORNEY COMMENTS
No comments.
COMMITTEE REPORTS
None.
CITY TREASURER COMMENTS
City Treasurer Weber commented on the following:
,,-....
1)
Reminded everyone of the mid-year budget review.
CITY COUNCIL COMMENTS
Councilmember Kelley commented on the following:
1) Wished everyone a happy New Year.
Mayor Pro Tem Schiffner commented on the following:
1) Wished everyone a happy New Year.
Councilmember Hickman commented on the following:
1) Wished everyone a happy New Year.
2) Encourage everyone to attend the Farmer's Market.
3) He commented that the Chimes was having a big sale on January 21 st and
22nd.
,-..
Councilmember Buckley commented on the following:
Agenda Item No. \ d
pagez:1 of 30
Page 30 - City Council Minutes - January 10,2006
1)
Wished everyone a happy New Year.
...,J
2) He responded to Mr. David Cooper's comments made regarding prayer at
Council meeting. He clarified that during the public non-agendized items
portion, a citizen could complete a request to speak form for 1 or 3 minutes
and take that opportunity to pray.
3) He commented that the motocross track was an important asset to the
community. He noted that when it was moved it would be relocated in an
area that was 25 feet deep. He indicated that the noise and dust would go
straight up.
Mayor Magee commented on the following:
1) He thanked everyone for their attendance.
ADJOURNMENT
The Regular City Council Meeting was adjourned at 10:28 p.m.
...,J
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
FREDERICK RAY, CITY CLERK
CITY OF LAKE ELSINORE
......,
Agenda Item No. \ d
Page~ of-3:.::2
/"'"
MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
SPECIAL STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
THURSDAY, FEBRUARY 9, 2006
*************************************************************
CALL TO ORDER
Mayor Pro Tern Schiffuer called the Joint Special Study Session to order at 4:03
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY,
SCHIFFNER
~
ABSENT:
COUNCILMEMBERS: BUCKLEY, MAGEE
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Information/Communications
Manager Dennis, Community Services Director Sapp, Community
Development Director Preisendanz, City Engineer Seumalo, Building and
Safety Manager Chipman, Public Works Manager Payne and Deputy City
Clerk Soto.
DISCUSSION ITEMS
Mayor Pro Tern Schiffner gave an overview of the presentations; and confirmed
that the awardees would be present at the 7 :00 p.m. meeting.
~
Agenda Item No. \e
pageLOf~
PAGE TWO - STUDY SESSION MINUTES - FEBURARY 9, 2006
....."
PUBLIC COMMENTS
No comments.
CONSENT CALENDAR
1. Minutes.
No comments.
2. Warrant List - January 31, 2006.
Councilmember Hickman requested clarification of various checks issued on
the warrant list. Staff clarified the items.
'-""
3. Investment Reports - September, 2005.
Councilmember Hickman inquired how much of a return the City would
receive from what was listed in the report.
Administrative Services Director Pressey indicated that the City had been
maintaining a 5% return.
4. Purchase of Stadium Equipment.
Councilmember Hickman inquired what would happen to the old equipment.
Community Services Director Sapp indicated that if the old equipment could
be used it would be. He noted that he always tried to salvage whatever
equipment that he could.
5. Resolution of Intention to establish Community Facilities District No. 2006-2
(Viscaya) and Resolution of Intention to incur bonded indebtedness
.....,
Agenda Item No. \ e..
Page'~ Of~
,-.. PAGE THREE - STUDY SESSION MINUTES - FEBURARY 9, 2006
City Manager Brady noted that there was a request by the applicant to
increase the amount from $7 million to $7.5 million and because of that
request; the Item may need to be pulled from the agenda.
Administrative Services Director Pressey stated that the applicant did send a
letter to the City's Financial Advisor and Bond Counsel to request an increase
based on the current market rates. He noted that the City's Financial Advisor
recommended for Council to increase the amount to $7.5 million.
City Attorney Leibold indicated that the Item could be approved if it was
pulled off of the Consent Calendar.
6.
Purchase of Lake Patrol Vessel.
,,-..
Councilmember Hickman inquired what would happen to the old Lake Patrol
Vesse!.
Public Works Manager Payne indicated that it would be put to auction.
7. Purchase generators for the City Yard.
No comments.
8. Claims against the City.
Councilmember Kelley inquired why some of the claims had dates going back
to December.
City Manager Brady indicated that he would get confirmation regarding
Councilmember Kelley's inquiry.
r-
Agenda Item No. \ e
PagS Of (,
PAGE FOUR - STUDY SESSION MINUTES - FEBURARY 9, 2006
.......,.
9. Agreement with Harris & Associates to provide on-call professional
" .
engmeenng servIces.
No comments.
PUBLIC HEARINGS
21. Resolution declaring weeds, rubbish, refuse and dirt a nuisance; property
owners to be notified.
No comments.
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1168 - Authorizing the levy of a Special Tax.
.......,.
City Manager Brady noted that the Item would be continued until the next
regularly scheduled Council meeting.
32. Second Reading - Ordinance No. 1169 - Authorizing the levy of a Special Tax.
City Manager Brady noted that the Item would be continued until the next
regularly scheduled Council meeting.
33. Commercial Design Review No. 2005-07 - Carl's Jr.
Councilmember Hickman inquired if Jack In The Box restaurant would be
located right next to Carl's Jr. Restaurant.
Councilmember Kelley indicated that they would be located across the street
from one another.
Councilmember Hickman inquired what other businesses would be going in
that area.
.......,.
Agenda Item NO.\€..
page~Of tp
~ PAGE FIVE - STUDY SESSION MINUTES - FEBURARY 9, 2006
Community Development Director Preisendanz stated that he would research
and confirm the other businesses that were planned in that area.
Councilmember Hickman inquired if a Litter Tax on fast food restaurants could
be imposed.
City Attorney Leibold indicated that she was not familiar with a Litter Tax, but
that she would look into it.
REDEVELOPMENT AGENCY
CONSENT CALENDAR
1. Warrant List - January 31,2006.
/"'"
No comments.
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY SPECIAL
STUDY SESSION WAS ADJOURNED AT 4:18 P.M.
ROBERT SCHIFFNER, MAYOR PRO TEM
CITY OF LAKE ELSINORE
GENIE KELLEY, CHAIRWOMAN
REDEVELOPMENT AGENCY
r'
Agenda Item No. \ e
page~Of (p
PAGE SIX - STUDY SESSION MINUTES - FEBURARY 9, 2006
'-'
Respectfully submitted,
MICHELLE SOTO, DEPUTY CITY CLERK
ATTEST:
FREDERICK RAY, CITY CLERK
......"
......"
Agenda Item No. \ e
page~Of lp
FEBRUARY 28,2006 CITY OF LAKE ELSINORE
.,-. FUND#
100
105
110
112
130
204
205
231
254
362
608
620
FUND DESCRIPTION
GENERAL FUND
MISCELLANEOUS GENERAL PROJECT FUND
STATE GAS TAX FUND
TRANSPORTATION/MEASURE A FUND
LIGHTING/LANDSCAPE MAINTENANCE FUND
SIGNAL C.I.P. FUND
TRAFFIC IMPACT FEE FUND
LIBRARY C.I.P. FUND
89-1 RAILROAD CANYON IMPROVEMENT FUND
C.F.D. 95-1 (1996-E) DEBT SERVICE FUND
TRUST DEPOSIT AND PRE-PAID EXPENSE FUND
COST RECOVERY SYSTEM
WARRANT
SUMMARY
TOTAL
$ 472,620.99
142.82
535.41
196,315.60
40,112.30
135.72
1,897.58
6,472.73
409.93
1,254.00
756.88
27,715.43
GRAND TOTAL
,-.
~
3/6/2006 Warrant 022806
1 of 1
$ 748,369.39
AGENDA ITEM NO. ~
PAGE / OF
FEBRUARY 28.2006
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK# VENDOR NAME
84741 STATE COMPENSATION INSURANCE FUND
84769 VOID (STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS)
84873 AMERICA RIVER COLLEGE
84874 UNITED STATES POSTAL SERVICE
84907 VOID (WEST COAST ARBORISTS, INC.)
84915 E.D.C. SOUTHWEST RIVERSIDE COUNTY
84916 CALIFORNIA P.E.R.S.
84917 ICMA RETIREMENT TRUST
84918 AL TURA CREDIT UNION
84919 UNION BANK
84920 DEBBIE GREENfA
84923-84937 VOID
84953-84954 A & A JANITORIAL SERVICE
84955 AMERICAN FENCE COMPANY, INC.
84956 AMERICAN FORENSIC NURSES
84957 APPLE ONE EMPLOYMENT SERVICES
84958 ARTISAN GOLDSMITHS & AWARDS
84959 BERRYMAN & HENIGAR, INC.
84960 BLOOMFILED GROUP, INC.
84961 C.R.& R. DISPOSAL, INC.
84962 C.R. GANN DEMOLITION, INC.
84963 CALED
84964 THE CALIFORNIAN
84965 CANON FINANCIAL SERVICES, INC.
84966 CASTLE & COOKE ALBERHILL RANCH L.L.C.
84967 CCP INDUSTRIES, INC.
84968 CENTRAL SECURITY SERVICES, INC.
84969 DIANNE CHAVARRIA
84970 CITICORP VENDOR FINANCE, INC.
84971 CNH CAPITAL AMERICA, L.L.C.
84972 COAST TO COAST WIRELESS, INC.
84973 CODED SYSTEMS, L.L.C.
84974 CORONA CLAY COMPANY, INC.
84975 KIRT A. COURY
84976 CRAFCO, INC.
84977 CUTTING EDGE STAFFING, INC.
84978 D & SELECTRIC
84979 DO IT CENTER
84980 CAROLE K. DONAHOE, A.I.C.P.
84981 DOWNS COMMERCIAL FUELING, INC.
84982 DRESCO REPRODUCTION, INC.
84983 D3 EQUIPMENT
84984-84991 ELSINORE VALLEY MUNICIPAL WATER DISTRICT
84992 ECOLOGY CONTROL INDUSTRIES, INC.
84993 ELSINORE ELECTRICAL SUPPLY, INC.
84994 ELSINORE VALLEY RENTALS
84995 FEDERAL EXPRESS CORPORATION
84996 GOLDEN OFFICE TRAILERS, INC.
84997 GOLF VENTURES WEST
84998 GRAINGER, INC.
84999 HARDY & HARPER, INC.
85000 HDR ENGINEERING, INC.
85001 HENDERSON MARINE SUPPLY, INC.
AMOUNT
$ 16,598.00""
(104.00)
1 04.00
2,772.51
(1,465.50)
35.00
37,561.36
4,819.00
1,150.00
35,957.43
350.00
0.00
2,893.75
60.00
619.75
1,495.78
55.98
25,730.00
10,525.00
297.79
12,500.00
495.00
106.80
1,038.96
31,175.24
426.63
117.00 "-""
85.00
770.41
3,251.42
118.28
2,292.00
1,212.06
5,280.00
1 ,680.58
6,255.00
3,225.00
249.27
3,227.53
3,134.28
11.31
1 ,532.26
20,658.49
13,927.70
148.45
703.63
145.03
1,287.64
612.40
256.88
191,194.20
27,110.68
1,451.81 "-""
3/6/2006 Warrant 022806
1 OF 3
AGENDA ITEM NO. 2
PAGE &J- OF LI
FEBRUARY 28. 2006
CITY OF LAKE ELSINORE
r--- ~HECK# VENDOR NAME
85002 HI-WAY SAFETY, INC.
85003 INDUSTRIAL TRUCK BODIES & EQUIPMENT
85004 INFOQUEST TECHNOLOGIES, INC.
85005 JEFF HAUSER MOBILE WELDING
85006 STEVE KARVELOT
85007 LAKE ELSINORE TIRE & AUTO, INC.
85008 LIBRARY SYSTEMS & SERVICES, L.L.C.
85009 THE MARK FISHER COMPANY
85010 SANDRA MASSA-LAVITT
85011 MAYHALL PRINT SHOP
85012 MCCAIN TRAFFIC SUPPLY
85013 LINDA M. MILLER
85014 MSA INLAND EMPIRE DESERT CHAPTER
85015 NELSON PAVING,INC.
85016 NORTHWEST VECTOR CONTROL DISTRICT
85017 ON DEMAND
85018 P.F. PETTIBONE & COMPANY
85019 PHD PENSKE LEASING
85020 PITNEY BOWES PURCHASE POWER
85021 MARK PORCELLO
85022 PREMIUM PALOMAR MOUNTAIN SPRING WATER
85023 THE PRESS ENTERPRISE
85024 PRUDENTIAL OVERALL SUPPLY
,-85025 QUILL CORPORATION
5026 RAMSEY BACKFLOW & PLUMBING
85027 REBEL RENTS, INC.
85028 REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE
85029 RIGHTW A Y
85030 RIVERSIDE COUNTY SHERIFF
85031 ANTHONY ROMERO
85032 JESUS ROQUE
85033 ROTARY CLUB OF LAKE ELSINORE
85034 S & S SEEDS, INC.
85035 SHERWIN-WILLIAMS COMPANY
85036 KATHLEEN R. SMITH
85037 DAVID S. SOLOMON
85038 LEO SOLARZANO
85039 SOUTHEAST CONSTRUCTION PRODUCTS, INC.
85040-85044 SOUTHERN CALIFORNIA EDISON COMPANY
85045 SOUTHERN CALIFORNIA GAS COMPANY
85046 STAPLES CREDIT PLAN
85047 STAUFFER'S LAWN EQUIPMENT
85048 BOB STOVER, INC.
85049 SUNWEST SPORTS, INC.
85050 TEAM AUTOAID, INC.
85051 TEXTRON FINANCIAL CORPORATION
85052 TICOR TITLE COMPANY
85053 TURF STAR, INC.
85054 TUTTLE-CLICK AUTOMOTIVE GROUP
~5055 __ VERIZON CALIFORNIA, INC.
5056 VERIZON EQUIPMENT SALES & SERVICE
85057 WEST COAST ARBORISTS, INC.
WARRANT LIST
AMOUNT
1,155.03
1,233.74
74.85
596.00
168.75
222.39
6,472.73
560.00
4,140.00
804.96
3,388.74
4,262.50
25.00
5,121.40
62.20
181.98
717.95
898.58
3,000.00
500.00
265.85
881.75
116.80
1,481.46
1,382.00
1,401.06
1,254.00
1,424.47
3,643.20
200.00
120.00
50.00
3,218.20
158.26
255.00
2,442.96
660.28
1,975.33
36,711.57
621.95
834.62
147.13
4,931.10
296.11
22.69
987.13
300.00
247.90
749.50
932.43
491.73
561.90
3/6/2006 Warrant 022806
20F3
2..
AGENDA ITEM NO.
PAGE 3 OF LI
FEBRUARY 28. 2006
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK#
85058
85059
85060
85061
VENDOR NAME
WESTERN HIGHWAY PRODUCTS, INC.
WILLDAN
Z-BEST PAINT
ZONES.COM
AMOUNT
435.49 .....,
7,616.00
875.61
800.42
TOTAL
PIE DATE:
$ 587,217.49
02/17/06
02/17/06
PAYROLL TAXES
PAYROLL CASH
47,976.26
113,175.64
GRAND TOTAL
$ 748,369.39
~
""-"
3/6/2006 Warrant 022806
30F3
AGENDA ITEM NO. !2
PAGE 4 OF t{
r"'
CITY OF LAKE ELSINORE
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF NOVEMBER 2005
BANK DEPOSITS OUTSTANG. BOOK
ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE
Bank of America - General $463,991.57 144,327.38 648,018.03 (39,699.08)
Reconciling Items 1,194.00 1,194.00
Bank of America - Payroll 167,284.87 2,418.53 164,866.34
Total Active Accounts 631,276.44 145,521.38 650,436.56 126,361.26
INVESTMENTS
Bank of New Y ork- Trust Sweep Account
Local Agency Investment Fund 27,778,404.34 27,778,404.34
r"' ~deral Home Loan Mortgage Corporation 1,000,000.00 1,000,000.00
rederal Home Loan Bank 7.001.693.61 7.001.693.61
Total Investments 35,780,097.95 35,780,097.95
36,411,374.39
145,521.38
650,436.56
35,906,459.21
300.00
1,000.00
Cashier Drawers # I & #2
City of Lake Elsinore Petty Cash Fund
TOTAL POOLED CASH AND INVESTMENTS
$35,907,759.21
I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as
approved by the City Council on June 28, 2005. A copy of this policy is available in the office of the City Clerk. The
pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
Matt N. Pressey
Director of Administrati
..3/7 fO&;
Date
r"'
AOENDA ITEM NO. 3
PACE-1-0F~
CITY OF LAKE ELSINORE
POOLED CASH AND INVESTMENTS BY FUND
AS OF NOVEMBER Z005
FUND NO FUND NAME
100 General Fund
101 Supplemental Law Enforcement Fund
102 Local Law Enforcement Block Grant Fund
103 Office of Traffic Safety Fund
104 Traffic Offender Fund
105 Misc. General Project Fund
106 Affordable Housing In Lieu Fund
107 Developer Agreement Revenue
110 State Gas Tax Fund
Il2 Transportation Fund
115 Traffic Safety Fund
130 Lighting & Landscape Maintenance Fund
135 # 1 Lighting & Landscape Maintenance Fund
140 Geothermal Fund
150 C.D.B.G. Fund
201 Street C.I.P. Fund
204 Signal C.I.P. Fund
205 Traffic Impact Fee Fund
211 Storm Drain C.I.P. Fund
221 Park C.I.P. Fund
231 Library C.I.P. Fund
232 City Fire Protection Fund
254 AD 89-1 Railroad Canyon Rd. Improvement Fund
257 CFD 90-2 Tuscany Hills
259 CFD 90-3 Construction Fund
351 AD 87-2 Debt Service Fund
352 AD 86-1 Debt Service Fund
353 AD 89-1 Debt Service Fund
356 AD 90-1 Debt Service Fund
357 CFD 2003-2 Canyon Hills
358 CFD 91-2 Debt Service Fund
359 CFD 90-3 Debt Service Fund
360 AD 93-1 Debt Service Fund
362 CFD 95-1(96 Srs.E) Debt Service Fund
363 CFD 88-3 / 1997 Series F Debt Service Fund
364 CFD 88-3 III B / 1997 Series B Debt Service Fund
365 CFD 98-1 Summerhill Improvement fund
366 CFD 2004-1 Debt Service Fund
367 CFD 2005-3 Summerly / Laing
368 CFD 2004-2 Vista Lago
369 CFD 2004-3 Rosetta Canyon
370 CFD 2005-x Camino Del Norte
371 CFD 2005-1 Serenity
372 CFD 2005-3 Alberhill Ranch
373 CFD 2005-5 Wasson Canyon
374 CFD 2005-4 Lakeview Villas
375 CFD 2005-1 D. Clurman
376 CFD 2005-7 La Strada
604 Endowment Trust Fund
605 Public Improvement Trm..t Fund
606 Mobile Source Air Polution Fund
608 Trust Deposit & Pre Paid Expense
610 Kangaroo Rat Trust Fund
611 Developer Agreement Trust Fund
616 Fire Station Trust Fund
620 Cost Recovery System Fund
650 CFD 2003-1 Law & Fire Service Fund
Total Pooled Cash & Investments
AMOUNT
$9,923,607.74
7,750.38
5,621.73
28,922.26
79,946.40
425,238.33
392,500.00
807,000.00
315,372.59
993,531.46
196,484.24
(27 1,50 I.I 3)
(3,647.95)
15,499.09
76,362.27
15,403.33
203,554.85
3,815,745.97
3,653,654.25
1,807,864.43
850,350.53
195,856.33
2,472,024.12
(23,325.00)
90,955.04
425,741.30
89,745.28
263,478.60
79,065.07
541,495.05
1,091,033.08
(48,729.00)
805,219.70
185,479.21
2, II 5,780.33
(1,299,821.58)
( 179,604.99)
2,590.69
19,137.09
9,850.00
(16,657.02)
30,428.00
17,023.01
30,341.22
32,863.09
35,564.39
50,000.00
(6,000.00)
23,346.94
554,645.36
119,320.45
2,161,517.41
796.40
1,063,290.00
120,512.59
1,501,194.53
14.341.74
$35,907,759.20
AGENDA I1EM NO.
PACE a
""""
.......,
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3
OF --3-
CITY OF LAKE ELSINORE
,,-.... ANNUAL YEAR-TO-DATE INVESTMENT ACTIVITY SUMMARY
FOR THE MONTH ENDING NOVEMBER 2005
Total outstanding investments as of October 31,2005
$ 33,780,097.95
PURCHASE MATURITY
DATE DATE
COUPON
RATE
YIELD TO
MATURITY
COST
Investment Purchases:
FHLB
FHLB
1,000,000.00
1,000,000.00
11/09/05
11/28/05
05/09/08
11/28/08
5.000%
5.250%
5.000%
5.250%
Total Purchases
2,000,000.00
Investment Maturities:
Total Maturities
,;"'"
Investments Called:
Total Calls
Net increase (decrease) in LAlF
Total outstanding investments as of November 30, 2005
$ 35,780,097.95
r"
AGENDA ITEM NO. :3
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CITY OF LAKE ELSINORE
SUMMARY OF POLICY LIMITATIONS
AS OF NOVEMBER 2005
....,
DESCRIPTION
CURRENT
PERCENTAGE
BASED ON MARKET
VALUE AS OF 11/30/2005
U.S. Treasury Bills
0.00%
MAXIMUM
PERCENTAGE
UNLIMITED
U.S. Treasury Notes
0.00%
UNLIMITED
Federal Agency Issues:
FICB
FFCB
FLB
FHLB
FNMA
FHLMC
0.00% UNLIMITED
0.00% UNLIMITED
0.00% UNLIMITED
18.82% UNLIMITED
0.00% UNLIMITED
2.69% UNLIMITED
0.00% 40.00%
0.00% 25
~
0.00% 30.00%
0.00% 15.00%
0.00% 30.00%
0.00% UNLIMITED
0.00% 20.00%
78.49% UNLIMITED
$ 27,778,404.34
Banker's Acceptances
Certificates of Deposit
Negotiable Certificates of Deposits
Commercial Paper
Medium Term Corporate Notes
Repurchase Agreements
Reverse Repurchase Agreements
LAIF (Local Agency Investment Fund)
Current Balance
TOTAL
100.00%
% of Portfolio Maturing within one year
% of Portfolio Maturing or Callable within one year
80.44%
83.23%
no less than 25%
....."
AGENDA ITEM NO. :3
PAGE ~ OF 9
CITY OF LAKE ELSINORE
,,--
PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES
JULY 05 THROUGH NOVEMBER 05
MONTH
July 2005
August 2005
September 2005
October 2005
November 2005
% OF PORTFOLIO BY AGENCY
FFCB FHLB FHLMC FNMA
0.00% 0.00% 0.00% 0.00%
0.00% 0.00% 3.33% 0.00%
0.00% 6.23% 3.12% 0.00%
0.00% 14.23% 2.85% 0.00%
0.00% 18.82% 2.69% 0.00%
AVERAGE
0.000/0
7.86%
0.00%
2.33%
/"'"'-
/"""
TOTAL % OF
PORTFOLIO IN
FEDERAL AGENCIES
0.00%
3.33%
9.35%
17.08%
21.51 %
7.440/0
AGENDA ITEM NO. "'~
PACE 9 OF .~
".....
CITY OF LAKE ELSINORE
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF DECEMBER 2005
BANK DEPOSITS OUTSTANG. BOOK
ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE
Bank of America - General $2,559,089.82 312,245.13 1,179,747.84 1,691,587.11
Reconciling Items 52.80 52.80
Bank of America - Payroll 9,424.61 4,258.50 5,166.11
Total Active Accounts 2,568,514.43 312,297.93 1,184,006.34 1,696;806.02
INVESTMENTS
Bank of New Y ork- Trust Sweep Account
Local Agency Investment Fund 25,778,404.34 25,778,404.34
.---'ederal Home Loan Mortgage Corporation 1,000,000.00 1,000,000.00
c'ederal Home Loan Bank 8.00 1.693 .61 8.001.693.61
Total Investments 34,780,097.95 34,780,097.95
37,348,612.38
312,297.93
1,184,006.34
36,476,903.97
300.00
1,000.00
Cashier Drawers # 1 & #2
City of Lake Elsinore Petty Cash Fund
TOTAL POOLED CASH AND INVESTMENTS
$36,478,203.97
I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as
approved by the City Council on June 28, 2005. A copy of this policy is available in the office of the City Clerk. The
pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
~-1~
ate
Matt N. Pressey
Director of Administrative S
~
AGENDA I1EM NO. 3
PACiE--L-OF -1 0
CITY OF LAKE ELSINORE
POOLED CASH AND INVESTMENTS BY FUND
AS OF DECEMBER 2005
FUND NO FUND NAME
100 General Fund
101 Supplemental Law Enforcement Fund
102 Loca1 Law Enforcement Block Grant Fund
103 Office of Traffic Safety Fund
104 Traffic Offender Fund
105 Misc. General Project Fund
106 Affordable Housing In Lieu Fund
107 Developer Agreement Revenue
110 Stale Gas Tax Fund
112 Transportation Fund
115 Traffic Safety Fund
116 City Hall-Public Works DIF Fund
117 Community Center DlF Fund
118 Lake Side Facility DIF Fund
119 Animal Shelter DlF Fund
130 Lighting & Landscape Maintenance Fund
135 # 1 Lighting & Landscape Maintenance Fund
140 Geothermal Fund
150 C.D.B.G. Fund
201 Street C.T.P. Fund
204 Signal C.I.P. Fund
20S Traffic Impact Fee Fund
211 Storm Drain C.I.P. Fund
221 Park C.I.P. Fund
231 Library C.I.P. Fund
232 City Fire Protection Fund
254 AD 89-1 Railroad Canyon Rd. Improvement Fund
257 CFD 90-2 Tuscany Hills
259 CFD 90-3 Construction Fund
351 AD 87-2 Debt Service Fund
3S2 AD 86-1 Debt Service Fund
353 AD 89-1 Debt Service Fund
356 AD 90-1 Debt Service Fund
357 CFD 2003-2 Canyon Hills
358 CFD 91-2 Debt Service Fund
359 crn 90-3 Debt Service Fund
360 AD 93-1 Debt Service Fund
362 CFD 95-1 (96 Srs.E) Debt Service Fund
363 CFD 88-3/1997 Series F Debt Service Fund
364 CFD 88-3 1II B /1997 Series B Debt Service Fund
365 crn 98-1 Summerhill Improvement fimd
366 CFD 2004-1 Debt Service Fund
367 crn 2005-3 Summerly / Laing
368 crn 2004-2 Vista Lago
369 crn 2004-3 Rosetta Canyon
370 CFD 2005-x Camino Del Norte
371 crn 2005-1 Serenity
372 crn 2005-3 Alberhill Ranch
373 crn 2005-5 Wasson Canyon
374 CFD 2005-4 Lakeview Villas
375 CFD 2005-1 D. Clwman
377 CFD 2006-X Tessara
376 crn 2005-7 La Strada
604 Endowment Trust Fund
605 Public Improvement Trust Fund
606 Mobile Source Air Polution Fund
608 Trust Deposit & Pre Paid Expense
610 Kangaroo Rat Trust Fund
611 Developer Agreement Trust Fund
616 Fire Station Trust Fund
620 Cost Recovery System Fund
650 crn 2003-1 Law & Fire Service Fund
Total Pooled Cash & Investments
AMOUNT
$10,064,605.47
107,750.38
5,266.29
38,060.24
83,146.40
412,213.05
392,500.00
807,000.00
369,422.46
701,734.12
79,020.41
809.00
545.00
779.00
348.00
(232,269.33)
(3,897.95)
15,505.03
75,120.43
15,403.33
203,306.48
3,812,836.47
3,656,546.24
1,810,182.73
858,524.86
203,956.33
2,466,400.05
(23,325.00)
90,955.04
421,791.30
85,645.28
259,528.60
76,215.07
528,320.05
1,090,583.08
(48,729.00)
1,380,957.87
179,029.21
2,102,605.33
(1,299,82] .S8)
(179,604.99)
2,129.69
19,137.09
9,850.00
(17,772.02)
30,428.00
4,073.01
85,101.22
32,863.09
35,564.39
50,000.00
70,000.00
(12,100.00)
23,346.94
430,028.19
130,521.68
2,097,087.41
796.40
1,231,920.00
120,512.59
1,5] 1,659.80
14091 74
$36,478,203.97
AGENDA ITEM NO.
PAGE d'
.
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'-'"
'-'
:3
OF 10
~
CITY OF LAKE ELSINORE
ANNUAL YEAR-TO-DATE INVESTMENT ACTIVITY SUMMARY
FOR THE MONTH ENDING DECEMBER 2005
Total outstanding investments as of November 30, 2005
$ 35,780,097.95
PURCHASE MATURITY
DATE DATE
COUPON
RATE
YIELD TO
MATURITY
COST
Investment Purchases:
FHLB
12/29/05
09/29/08
5.000%
5.003%
1,000,000.00
Total Purchases
1,000,000.00
Investment Maturities:
Total Maturities
",--..
Investments Called:
Total Calls
Net increase ( decrease) in LAIF
(2,000,000.00)
Total outstanding investments as of December 31,2005
$ 34,780,097.95
,........
AGENDA ITEM NO.
PAGE _S
~
OF 10
CITY OF LAKE ELSINORE
QUARTERLY INVESTMENT ACTIVITY SUMMARY
FOR THE QUARTER ENDING DECEMBER 2005
'--'
Total outstanding investments as of September 30,2005 $ 32,040,891.10
PURCHASE MATURITY COUPON YIELD TO
Investment Purchases: DATE DATE .RAm MATURITY COST
FHLB 10/11/05 04/11/08 4.560% 4.560% 1,000,000.00
FHLB 10/25/05 04/25/08 4.835% 4.835% 1,000,000.00
FHLB 10/27/05 10/27/08 5.000% 5.000% 1,000,000.00
FHLB 11/09/05 05/09/08 5.000% 5.0000/0 1,000,000.00
FHLB 11/28/05 11/28/08 5.250% 5.250% 1,000,000.00
FHLB 12/29/05 09/29/08 5.000% 5.003% 1,000,000.00
Total Purchases 6,000,000.00
Investment Maturities: $
'--'
Total Maturities
Investments Called: 0.00
Total Calls
Net increase (decrease) in LAIF
(3,260,793.15)
Total outstanding investments as of December 31, 2005
$ 34,780,097.95
"-"
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AGENDA ITEM NO.
Dllr.C ~
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CITY OF LAKE ELSINORE
SUMMARY OF POLICY LIMITATIONS
AS OF DECEMBER 2005
DESCRIPTION
CURRENT
PERCENTAGE
BASED ON MARKET
VALUE AS OF 12/31/2005
U.S. Treasury Bills
0.00%
MAXIMUM
PERCENTAGE
UNLIMITED
U.S. Treasury Notes
0.00%
UNLIMITED
Federal Agency Issues:
FICB
FFCB
FLB
FHLB
FNMA
FHLMC
LAIF (Local Agency Investment Fund)
Current Balance
0.00% UNLIMITED
0.00% UNLIMITED
0.00% UNLIMITED
22.92% UNLIMITED
0.00% UNLIMITED
2.86% UNLIMITED
0.00% 40.00%
0.00% 25
0.00% 30.00%
0.00% 15.00%
0.00% 30.00%
0.00% UNLIMITED
0.00% 20.00%
74.22% UNLIMITED
$ 25,778,404.34
Banker's Acceptances
".......
Certificates of Deposit
Negotiable Certificates of Deposits
Commercial Paper
Medium Term Corporate Notes
Repurchase Agreements
Reverse Repurchase Agreements
TOTAL
100.00%
% of Portfolio Maturing within one year
% of Portfolio Maturing or Callable within one year
77.00%
79.87%
no less than 25%
r--
AGENDA ITEM NO. 3
PACE~OF.JO
CITY OF LAKE ELSINORE
PERCENT OF PORTFOLIO INVESTED IN FEDERAL AGENCIES
JULY 05 THROUGH DECEMBER 05
"""'"
TOTAL % OF
% OF PORTFOLIO BY AGENCY PORTFOLIO IN
MONTH FFCB FHLB FHLMC FNMA FEDERAL AGENCIES
July 2005 0.00% 0.00% 0.00% 0.00% 0.00%
August 2005 0.00% O.OOOiO 3.33% 0.00% 3.33%
September 2005 0.00% 6.23% 3.12% 0.00% 9.35%
October 2005 0.00% 14.23% 2.85% 0.00% 17.08%
November 2005 0.00% 18.82% 2.69% 0.00% 21.51%
December 2005 0.00% 22.92% 2.86% 0.00% 25.78%
AVERAGE 0.00% 10.37% 2.48% 0.00% 12.84%
-....If
"""'"
AOENDA ITEM NO. 3
PACE I 0 OF /0
,-...
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 14,2006
SUBJECT:
CLAIMS AGAINST THE CITY
BACKGROUND
Claims filed against the CityofLake Elsinore are reviewed and handled by Carl
Warren & Company, Claims Administrators. When received, each claim is logged
in the City Clerk's Office and forwarded to this company for investigation. After
initial review and investigation, direction is issued to the City to take one of several
actions such as rejection, notification of late claim or reservation of action until
further information is obtained.
,-...
DISCUSSION
The following claims have been recommended for rejection by Carl Warren &
Company:
CL#2006-3 - Matthew Price
CL#2006-4 - James Louis Toth II
CL#2006-5 - Broderick Jameson Toth
FISCAL IMPACT
None.
RECOMMENDA TION
Reject the claims listed above and direct the City Clerk to send letters informing
the claimants of this decision.
,.....
AGENDA ITEM NO. 4-
PAGE \ ~
REPORT TO CITY COUNCIL
FEBRUARY 28, 2006
PAGE 2
PREPARED BY:
FREDERICK RAY, CITY CLERK
APPROVED FOR
AGENDA BY:
ROBERT BRADY, CITY MANAGER
~
~
~
AGENDA ITEM NO. c\
PAGE ~ OF-1Y-
r"
~
RECEIVED
MAR 0 2 2006
February 28, 2006
CITY CLERKS OFFICE
TO: The City of Lake Elsinore
ATTENTION: Frederick Ray, Risk Manager
RE: Claim
Claimant
D/Event
Rec'd Y/Office
Our File
Price vs. The City of Lake Elsinore
Matthew Price
8/28/2005
2/27/2005
S-1419681-CKQ
We have received and reviewed the above claim and request that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
/'"'
Please provide us with a copy of the notice sent, as requested above. If you have any questions please
contact the undersigned.
Very truly yours,
CARL WARREN & COMPANY
Rich a D. Marque
cc: CJPIA w/enc.
Attn.: Executive Director
,........
CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
750 The Gty Drive . Ste 400 . Orange, CA 92868
Mail: P.O.Box25180.SantaAna.Ca 92799-5180
Phone: (714) 740-7999 Ext. 140 . (800) 572-6900 . Fax: (714) 740-9412
AGENDA ITEM NO.
PACE 3
~
OF \ L.\
---"-:..
City of Lake Ef1-ino7-e
((Dne {!ity)j. got c;;/1,1o'l.eJ/
"'-"
February 22,2006
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
Dear Mr. Kunz:
Enclosed for your handling is a claim received on February 21,
2006 from Matthew Price (CL #2006-3). Please keep me advised
of appropriate City Council Action.
"'-"
For further assistance, please contact me at (951) 674-3124 ext.
262.
Enclosure
cc: City Manager
"'-"
130 .0oath d/IIa;n .0t"d, 1ake Ef,;no", Cd192530 'Jete!,fwne (951) 67~~~9' \ .cJ nnM
wwwIake-dj.ino'tE..o't9 PACE ~
NOV 15 '05 14:54 FR CITY OF Ll=lKE ELSlNORE909 674 2392 TO 1ge~76267S
,~
P.02/03
~
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Damages to Peno91 or PerlODal Property)
/~/
----- ~l " ,..
Received by: ~A - / . V
City Repf , 'VB
~ ~~~u~~ @
C~~~FFICE
A claim,must be filed 'With the City Clerk oftbo city of'Uke EI~ ~.. aiJt (6) IIIODths after tIIc incident en event
0<lCUlTed. Be ~ your claim is "'It the Cit)' of Lake EIIiDore, nOIlIDDthor public entity. Where 8J*C is iDmftk:ient.,
please use additional paper and identify infOrmatiOd by ~h IIWDber ComplNd.clailPllDUlt be mailed or dc;Iivcrcd to
.the City Clerk, City o(Lake Elsinore, J30 South MaUl Street, Lab E1siDore, CaJifbmi.. 92530.
TO 11IE HONORABLE MAYOR AND CITV COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA;
The ~ersiped reapec.1fW1)' !lUbmitl the fbOowiq claim" iDroriDatioa'reJatm to damase to penons lDdIor pII'IOPII
property:
J. NAMEOFCLAlMANT ~ '" eLA.J ?\2..\~~
.. AddrC$sofCtaimant, C\51 '~~~ WCl-t )~-em'etl v.., '1'Z.S45
b. PhcmcNo. flSI) 11'Z. - S'-41.S c, p.teofBUth~'
r' d. Soc:iaI SeeurityNoSG.?\ ~~~- S4''Z.'2,.. e. Driven Lie. No.:i3e ~al.-\qo'.2..
2.
3.
Nlme, post office addreH and telcphooc to which claimant ~ notices to be IICIJt, if other thai 1be Ibove:
t..~ D,~.e.\L.e c{ HIe..\'- L. ~y I ~o' BoX .-13!;G;" ~!6~o B~i(S..' q2.~'2..4
I ~ .
Occurrence or event &om which this claim ari~;
.. Date 8 rZ. col o~ b.
Co Place (Exact and specific loeation)~ \1t'\. -e Co 0 e_
\-6\.~e E..--\~\lVO\~ I C-ct..
T' !:l' Up-, ',::?^,",-
~ :'.J'~ "'"
tCl ~€.. \AX-e.- a:..'
~
d. How ud wxIer what c:in:umllWlCeS did dmlap OJ' UUurY.occur? Spa:ify the pardcullr oc;c;um:nce, CYaIt.
act or omission'you claim caused the injury or damage (use IdcJitiODal paper if DeCeIIIry).
') "
<;\CL.\n-'"'\a...-0-t- L-lo~.e.. OV-~ O\- boo-..T \.,.) \-h-e C~ Y\ ilXr..JU!..J
Cl..:~ LJth.:- Co'0~. fhe. L.Vc.....te.\oZ... .m~'?~,--~ ()'~\>'2..(.)~\Yld--t-e.'7
'2> --Xe-<.\- '~,-e-er '. t..\a..-'\lYIc;..iL)-\: Sh~..~.K \-"~7~~.Qea..~) ~\>\rl \~5~
.S'e..e. ex;'l \.v'l \ ~~
C. What particular KtioD by the C~ of its employees. c:auIed the alleged damaae or mjury?
F~\ll.:l..\l..e o~ -t-\1.e. ("" \-y LR.. \ t-S e'('rl\~ \'C te~e) \Q ~C:L-\'U0
()-Q vc...tl-)l ~~,J uuo....t--e..'4Z- <.le,,\-\'S \N S~HYn fn \~) (Li2-~C\..-
') <eJ?- e..}(.\r, \ \..~ \-\ 't- \.-00
AGENDA ITEM NO. 4
PAGE 5 ~
I'OJ 15 '05 14:54 FR CITY OF LAKE ELSlNORE909 674 2392 TO 19493762675
P.03/e3
4.
....."
s.
Were there any injuries at the time orlbis accidedt? If IIOt, "e "No injuria".
'le.~ I C~ \l\9U6..Y1~'le-~ kt~\>\.e~\~ A'::J~A ~e.. c..~
'~i.QO..tY~~\~J C.~ o..H \T->tu"2. ~)C.-tR.en-, \+\'e~~ i ~~f-(\A1L1~ \:t:';J '\C'.L,_
. . . . . ~'€5e.. -.eo( h ( \~ \ -\- t-V:l g. -e. "2- ,
Gi~ the namc(s) of tile City ~pJoYoo(l) c;au1lD81be damage or'DJW}';
? (ll. . e~e' .' t.. ou0>0 u i tHTl'C:.. \..o.1L.e t:..\. llUt)'~ ~\cy~
V~c>i0~ lVV c.....\--t~~-.e.. ~.t; mC<-10~~\wu~ o...\'V" R~IV\1U':J Xe ~\I\h'(
Name aDd address oraD)' J*tGn lDJured: ...J .
~~(",~-e.i.V ~Q..\~l '\5t €S~-lu.\~'V Wc.-r 1 t\~\i(l.et) C,;,. q?Sy'5
Name and iddress otthe owner oraD)' 4ama8ec1 propeaty.
6.
7.
{U. "t:\.
I.
Damages claimed:
9.
rut)
a. Amount claimed as ofthi, date $'1 ~; DOl!) I Ct:;() ~
b. EItimated amount oftbture ClOItI $ ';z..., ~bD~, 0[1;:): ...)-'
c. TocaJ amovDt dailMd . . $ 'Zi 500; &:DC> , ,,"'
d. Basis for computation of IftlOUIdS claimed (Indude copies or aU bills. invoicei. ~ ek:);
(i)f'(l \l.J;)....\5-~eua...\~ \lVc...u.....2.Q.ed.. 7 lb-!>~J o~. e~\~.;f J ~'e.R)e..fa~\ ~,:,,~'ej
.se.€ 'e.x;o~ \? \ ~.. u..Q
Names aDd addresses of ail witnesses. hospitals. doc:ton. de:
....."
a. ;:r\..ll-.,'it';#J AQ-.Xw~\) 'Sl.q"'l.t Pe'ff'<€...'-Z.. \J'le\...:>'t':'..l ~.. ~\<:'7I10D~J ~. ci'Z..S3o
b. Ah(\o... SfV'\~ 1 3'lillDQ ~t;)~.e... 5.T\Z..€.e..\ i /....c..\t<.. S\""~V\.k..;,,"e (~. II ~""!O
c. :r ~ ~ ~-e..J '2. D i..k 4 v (i~ S ~ .~.\. \ n.)C.fr 6:-.. (.l2...~'""3o
se.e exV',,\;-'.,;- ..Q.\..:>.:::.. S'~>\1: C...d.c,\l b~Nc~\~~, v,<...mccL'T\o;U
Any ldditiOllll intbrmatkm that might be helpful in consideriDs this claim:
10.
('l-t;~_:e_
I bave read the IIIItterJ end stlteDlCDts made in the above cltim ucl J know the IUDO tJ) be true ~ my own IcnowIedS'- _cept
.10 tboso matters scare upon information or belief. to such man.... believe the ~ to be tnIe. J'c:ertify ullder peaaIty or
perjury that the besoms i, TRUS AND COlUU!CT.
SIGNED nus 1 <0 Pt? D^ Y OF t'-e.b ,~~p. y' .20Dp.AT -1:\ -e 10 l-1.al..-e . CAUFORNJA
/ ..
CIAIMANrS \
SlGNA111IlE: kt~p- p~ L
AGENDA ITEM NO.-1 '-"
PACE (0 OF~
** TOTAL PAGE.03 **
;--,
~
March 3, 2006
RECEIVED
MAR 0 6 2006
CITY CLERKS OFFICE
TO: The City of Lake Elsinore
ATTENTION: Frederick Ray, Risk Manager
RE: Claim
Claimant
D/Event
Rec'd Y IOftice
Our File
Toth II vs. The City of Lake Elsinore
James Louis Toth II
9/2/2005
2124/2006
S-1419983-RWQ
We have received and reviewed the above claim and request that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
",........
Please provide us with a copy of the notice sent, as requested above. If you have any questions please
contact the undersigned.
Very truly yours,
CARL WARREN & COMPANY
~
cc: CJPIA w/enc.
Attn.: Executive Director
",........
CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
770 Placentia Avenue, Placentia, CA 92870-6832
Mail: P.O.Box25180.SantaAna.Ca 92799-5180
Phone: (714) 572-5200 . (800) 572-6900 . Fa.,<: (714) 961-8131
AOENOA ITEM NO.~
PAOE ~ OF \4
.~,
{lit!} of 1!ake Ef1-ino7-e
(( n /7 ) a 11( JJ
~ne city 1. .:..-~ot ,d o'te
~
February 28, 2006
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
Dear Mr. Kunz:
Enclosed for your handling is a claim received on February 24,
2006 from James Louis Toth II (CL #2006-4). Please keep me
advised of appropriate City Council Action.
""'"
For further assistance, please contact me at (951) 674-3124 ext.
262.
Sincerely,
~i, CITY CLERK
CITY OF LAKE ELSINORE
Enclosure
cc: City Manager
AGENDA ITEM No.4""",
PAGE 8 ~
130 aouth c;:;Il!(ain at'tE.d} ..i!ake Etj.ino'te} C04 92530 'Jetc:phonc: (951) 674-3124 'Jax (951) 674-2392
wwwIakc:-e(iinme.o't,9
-~
$::
/""'"'-
I""'"
"...,
FEB 13 '06 17:02 FR__f.ITY OF LAKE ELSINORE909 674 2392 TO-12138330993
- -.
P.01/02
RECEIVED
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Damages tG PerSGDS or Personal Property)
FEB 2 4 2006
CITY CLERKS OFFICE
(TimelDate Received) -
A claim must be flled with the City Clerk of the City of Lake Elsinore, wiiliin six (6) months after the incident OTe event
occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where space is insufficient,
please use additional paper and identify information by paragraph number Completed claims must be mailed or delivered to
the City Clerk, Cit)' of Lake Elsinore, 130 South Main Street, Lake Elsinore, California, 92530.
TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA:
The undersigned respectfully submits the following claim and infonnation relative to damage to persons and/or personal
property;
I. NAME OF CLAIMANT T.::>mG'''' T.O'i; 5 'J'Dth TT
R.
Address of Claimant--3--ZUi 1- Paseo san Esteban Tem~culC'lr CA 92592
b.
Phone No. (9511. 303-8539
c.
Date of Birth n/q.
d.
Social Security No. n /.::>
,
e.
Drivers Lie. No. n/ a
2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above;
Law offices of Philip H. Acosta 800 Wilshire Blvd. Ste 900
Los Angeles,CA 90017 213-833-1600
3. Occurrence or event from which this claim arises;
8.
Date 0 q /0 ? /0 r:;
. ,
b.
Time
.::>pprnv A pm
c. Place (Exact and specific location) Diamoml St:uiium, SQO Diam9nd Dr.
Lake Elsinore~ CA/ near play area- concrete floor
d. How and under what circumstances did damage or injury occur? Specify the panicuJar occurrence, event, .
act or omission you claim caused the injury OT damage (use additional paper ifnecessary).
Claimant slipped and fell on extremely slippery coat of wax on
concrete floor near play area of stadium
e. What particular action by the City of its employees, caused the alleged damage or injury?
City negligentlyput slippery wax on a concrete floor which was
not open and obvious.
ACENDA ITEM NO. L\.
PACE~OF \L\
FEB 13 '06 17:02 FR ~l!Y OF LAKE ELSINORE909 674 2392 TO 12138330993
,-
P.02/02
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4', Were there MY injuries at the time of this .accldent? Ifnot, state ''No injurJes".
Yes-Left elbow, neck.and back in.jllri~.
5, Give the name(s) of the City employee(s) causing the damage or injury:
Unknown at this time
6. . Name and address of.any penon injured:
Claimant and his 2 year old son (See claim. for Rron~ri~~ ~otb)
7. Name and address of the owner ohny damaged prQperty:
N/A
8. Damages claimed:
a.
b.
. c.
d.
Amount claimed as oftMs date $ 'P~nn i nr;
Estimated amount of furore costs $ VJa.k
Tota) amount claimed $" .
Basis for c'omputation of amounts claimed (Include copies of all bills, invoices, estimates, etc):
I
I
To be obtained
"""""
9. . Names and addresses ofal) wimesses, hospitals, doctors, etc:
ll&lncho ~pri nryc:: Mer'! C'tr (909) 999 8990'
b. nr P11ri'l:a:r::w 31712 CaoiR6 Dr. S:e.e-6.lL.Lake....Elsitlo.re. .CA 92S30
c.95l-67 4-251 0
10. Any additional information that might be helpfuJ in considering this claim:
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A.FALSE CLAIM!
(penal code! 7.21Insurance Code 556.1)
) have read ~he matters llnd statements made in the above claim and 1 know the s$c.to be true army awn knowledge, except
as to thoso matters state upon infonna.tion .or belfefas to such matters, I believe the same to be true. I certify und.er penalry of
perjury tha~the foregoing is TRUE AND CORRECT.
SIGNED llIIS
. . DAY~
,20j&,AT ~~\(.-; J CA. , CALIFORNIA.
CLAIMANT'S
SIGNA TUkE:
AOENDA ITEM NO.---d:..--
PAGE \0 OF \L\
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** TOTAL PAGE,02 **
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F#4
RECEIVED
March 3, 2006
MAR 0 6 2006
CITY CLERKS OFFICE
TO: The City of Lake Elsinore
ATTENTION: Frederick Ray, Risk Manager
RE: Claim
Claimant
D/Event
Rec'd Y/Office
Our File
Toth vs. The City of Lake Elsinore
Broderick Jameson Toth
9/2/2005
2/24/2006
S-1419983-RWQ
We have received and reviewed the above claim and request that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
/"'"
Please provide us with a copy of the notice sent, as requested above. If you have any questions please
contact the undersigned.
Very truly yours,
CARL WARREN & COMPANY
.4~
Ric a D. Marque
cc: CJPIA w/enc.
Attn.: Executive Director
/"'"
CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
770 Placentia Avenue, Placentia, CA 92870-6832
Mail: P.O.Box25180.SantaAna.Ca 92799-5180
Phone: (714) 572-5200 . (800) 572-6900 . Fax: (714) 961-8131
AGENDA ITEM NO.
PAGE \ \
4
OF~
City of 1!akE E[1-ino~E
((In /7 ) Q _1111 }}
um:. city 1. ':::Jot C/V\o'te
'-""
February 28, 2006
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
Dear Mr. Kunz:
Enclosed for your handling is a claim received on February 24,
2006 from Broderick Jameson Toth (CL #2006-5). Please keep me
advised of appropriate City Council Action.
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For further assistance, please contact me at (951) 674-3124 ext.
262.
Sincerely,
~~y, CITY CLERK
CITY OF LAKE ELSINORE
Enclosure
cc: City Manager
AGENOA 'lEtA\ ~.-o~ _
pp,.GE~
730 ~ou.th cflt(aln ~hee.t, ....cake Efj.lno'1.e, Cc::4 92530 Clefep.hone (957) 674-3724 'Jax (957) 674-2392
www,[ake-e[j.ino'1.e..o'1.9
:::::
;,...
;:-:-
~
/"""'
FEB 13 '06 17:02 FRJ:lTY OF LAKE ELSINORE909 674 2392 T0-)2138330993
P.01/02
RECEIVED
.CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Damages to Persons or Personal Property)
Receive~/ ~
1 epresent e
FEB 2 4 2006
CITY CLERKS OFFICE
(Time7Date Received)
A claim must be filed with the City Clerk ofthe City of Lake Elsinore, within six (6) months after the incident ore event
occurred. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where space is insufficient,
please use additional paper and identity information by paragraph number Completed claims must be mailed or delivered to
the City Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California, 92530.
TO TIlE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA:
The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal
property:
l. NAME OF CLAIMANT Broderick Jameson Toth
a.
Address of Claimant 32161 Pi')seo Rpn Rstf~h~n 'Pp.mp.c:nla, C-A C}?S9?
b.
Phone No. (9 5h 10 1-R ~ 1 C)
c.
Date of Birth 11 / ::I
2.
Drivers Lie. No. R / a
,
Name, post office address and telephone to which claimant desires notices to be sent, if other than the above:
d.
Social Security No. n / a
,
e.
3.
Law offices of Philip H. Acosta 800 Wilshire Blvd, ste 900
Los Angeles, CA 90017 213-833-1600
Occurrence or event from which this claim ariseS:
a.
Time ilpprox 6pm
Place (Exact and specific location) Diamond Stadium, 500 Diamond Dr.
Date
09/02/0S
b.
c.
Lak~ El~ingre, CA/ near play area- concrete floor
d. How alld under what circumstances did damage or injury occur? Specify the panicuJar occurrence event
act or omission you claim caused the injury or damage (use additional paper if necessary). ' .
~laimaritwas pejng r.rlrripn hy frl+hpr who slirp~d apt'! fell on
extremely slippery coat of wax on concrete floor.
e. What particular action by the City of its employees, caused the alleged damage or injury?
City negligent1vput slippery wax on rl r.onr.rPTf' floor whir.h
W::l~
not openpn ::Inn nh'7iou~_
AvtNDA ITEM NO.~ .
PACE J3 OF q
FEB 13 '136 17:132 FR CLry OF LAKE ELSINORE909 674 2392 TO 1G138330993
P.02/02
.....,
4. Were there any injuries at the time oftbjs.acciClent? lfnot, state "No injuries",
YES - Fracture of right- 1 Pg.: npC'k ; n jnry and back iRjury
5. Give the name(s) oftbe City employee(s) causing the damage or injury:
unknown at- t-hi~ t-imp
6. . Namc and address of.any penon injured:
Claimant and his father (see James Touh claim)
7. Name and address of the owner of any damaged property:
n /rl
8. pam ages claimed:
a. Amount claimed as ofthis date $ ppnni nlJ .
b. Estimated amount of future costs $ TTnk
. c. Total amouJlt claimed $ . .
d. Basis for c'omputation ofamounts claimed (Include copies of all bills, invoices, estimates, etc):
To be obtained
'-""
9. . Names and addresses of all wimesses, hospitals, doctors, etc:
a...,..,Banchn ~pring'7 Mpr'! C'ntr 909-~9~-9gg()
. .
b. Dr. Puritano 31712 Casino Dr. STE6A Lake Elsinore. CA 92S30
c. 951-674-2510/ Corona-Temecu]rl Ort-hn q~1-?1~-~n~~
10. Any additional infonnation (hat might be hclpful in considering this claim:
WARNJNG: IT IS A CRIMINAL OFFENSE TO FILE A.FALSE CLAIM!
(Penal code 721lnsuTance Code 556.1)
] have read the mattcnand statements made in the above claim and] know the 5ai;netCl be 11\1e of my own knowledge, except
as to those matters state upon infonnadon .or belief as to such matters, 1 believe the same to be true. J certify und~r penal[)' of
perjury that the foregoing is TRUE AND CORRECT,
SIGNED THIS
DA Y OF
~
,20..ult.,AT . \Itf.. A~P I cA- , CALIFORNIA.
CLAIMANT'S
SJGN.\TURE:
. '-""
ACENDA ITEM NO. 4
PACE~~
** TOTAL PAGE.02 **
CITY OF LAKE ELSINORE
I""""
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 14, 2006
SUBJECT:
NOTICE OF COMPLETION FOR POE STREET
BACKGROUND
The construction contract for resolving adrainage problem on Poe Street between
Pottery and Flint Streets was awarded on October 25, 2005 to "Roadway
Engineering" in the amount of $83,987. Construction of this project, which
included two change orders, was completed on January 20, 2006.
r'
DISCUSSION
During the course of construction, two (2) change orders were approved by the
City Council for additional work. Change Order No. 1 involved the pavement
rehabilitation of Lindsay Street between Heald and Sumner Avenue, which is one
block away from the Poe Street project. School officials requested that the
pavement work be accomplished during the Thanksgiving "school break" week.
That work was completed as requested at a cost of $59,800. City Council
approved $75,000 to cover construction, inspection, material testing, surveys and
administration costs.
Change Order No.2 involved paving the remaining portion ofPoe Street at a cost
of$19,100. The original contract to correctthe drainage problem involved paving
a portion ofPoe Street. City Council approved $25,100 to cover the construction,
inspection, material testing, surveys and administration costs. Poe Street is totally
I""""
'1:"-1)." ~ u""" c;:::.
AGENDA I bll 1',',.-,. _---2--
PAGEL OF 2_
REPORT TO CITY COUNCIL
MARCH 14, 2006
PAGE 2
"-"
paved and will not require repairs for a number of years. Poe Street drainage
improvements and paving and Lindsay Street pavement rehabilitation are now
complete and the work has been accepted by the City.
FISCAL IMPACT
The funds for this project and change order were from In-Lieu Fees (Fund# 605).
The original contract was for $83,987. There were two(2) change orders, first for
$59,800 and the second for $19,100. Total project expenditures for construction,
change orders, inspection, material testing, surveys and administration totaled
$175,670.55. Total budgeted amount was $213,100. There is a balance of
$37,429.45 which will be returned to In-Lieu Fees (Fund# 605).
RECOMMENDATION
~
Staff recommends the City Council:
1. Accept the Poe Street and Lindsay Street project as complete.
2. Request the Mayor to sign the Notice of Completion.
3. Authorize the City Clerk to file the Notice of Completion with the
County of Riverside.
PREPARED BY:
David S. Solomon, Associate Engineer
Ken Seumalo, City Engineer ~S
REVIEWED BY:
APPROVED FOR
AGENDA BY:
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AGENDA ITEM NO. q.-
PAGE:;2 OF ~
I"'"'"
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DA.TE:
MARCH 14,2006
SUBJECT: ON-CALL PROFESSIONAL TRAFFIC ENGINEERING
SERVICES
BACKGROUND
~
The Engineering Division, as. part of the Community Development
Department, is required to review and provide traffic related comments
and/or conditions of approval ofland development projects, traffic studies,
traffic improvement plans, and various construction projects in the City. In
addition, the division also responds to traffic safety and operational concerns
expressed by citizens and other agencies. Typically these tasks were shared
by a staff senior engineer and a consultant traffic engineer. The recent
retirement of the consultant traffic engineer and the continued increase in
demand for city traffic review necessitates the hiring of on-call traffic
engineering consultants. The consultants will provide professional traffic
support services as needed in order to maintain an acceptable level of
service. Currently, the tasks mentioned earlier are undertaken by the senior
engineer also acting as the traffic engineer.
DISCUSSION
Staff sent out proposals to five (5) consulting firms and received three (3)
proposals. Katz, Okitsu, & Associates and Albert Grover & Associates were
selected as the two (2) most qualified firms based on experience,
qualifications, and best fit for the city. Staff decided toretain two (2) firms
in order to maintain continued service on a rotating basis.
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AGENDA ITEM No.lo
PAGE ~ OF ;:) ~
REPORT TO CITY COUNCIL
MARCH 14, 2006
PAGE 2
These firms will be required to review and provide traffic related comments '-'"
and/or conditions of approval for land development projects, traffic studies,
traffic improvement plans, and various construction projects. The
consultants' work and work products will be reviewed and monitored by the
senior staff /traffic engineer.
FISCAL IMPACT
No direct fiscal impact to the city willresult from these contracts. Although
the funds are allocated in the budget, 100% of these funds are recovered thru
the City's Cost Recovery Program. The billable rate will be assessed against
each project submittal through the deposit accounts.
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to
prepare and enter into contract with the above consultantsto provide on-call
traffic engineering services on an annual basis.
ATTACHMENTS
.....,
Contract Agreements:
. Katz, Okitsu, & Associates
. Albert Grover & Associates
PREPARED BY: Ken Seumalo, City Engineer jLkS
C
APPROVED FOR
AGENDA BY:
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U :\engr\City Council Reports\03-14-06\On-Call Professional Traffic Engineering
Services. doc
AGENDA ITEM NO. Co
~, PAGE ;;L OF;L 8:
AGREEMENT FOR PROFESSIONAL SERVICES
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This Agreement for Professional Services (the "Agreement"), dated for identification
purposes only as of , 2006, by and between the City of Lake Elsinore, a municipal
corporation ("City") and Katz, Okitsu & Associates ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional consulting services and related work
as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its
staff that it may provide from time to time.
r' 2. Time of Performance. The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of three (3) years, subject to annual review by the City
Council.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $50,000 without additional
authorization from the City Manager. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit montWy billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days
after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City requests that Consultant
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to
be necessary for the proper completion of the Project, but which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor
be compensated for, Extra Work without written authorization from City. Extra work will be
invoiced separately from services performed in accordance with the Scope of Services.
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1
AGENDA ITEM NO.
"':)
Co
'"lQ"
6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
'--'"
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal documents, shall become the property of the City
upon payment to Consultant for such work, and the City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City upon written request. City acknowledges that any use of such materials in a manner
beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further
agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees
and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expenses in connection therein), arising out of the City=s
use of such materials in a manner beyond the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and
other documents or works of authorship fixed in any tangible medium of expression, including but
not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require that all subcontractors agree in writing that City is granted a .....,;
nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any and
all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant or provided
to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at
any time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other Documents &
Data either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agreement. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs relating to project for which Consultant's services are rendered, or any publicity
pertaining to the Consultant's services under this Agreement in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent
of City.
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2
AGENDA ITEM NO._lo
" PAGE..:LOF d<t
8. Consultant's Books and Records.
".-.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above-named officers, require that custody ofthe records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor-in-interest.
,.-
9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may
have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Consultant's services hereunder. Consultant further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to hislher rendition of
information, advice, recommendation or counsel independent of the control and direction of the City
or of any City official, other than normal agreement monitoring; and
/""""'
3
AGE.NDA ITEM NO. ..laNo--,""
,'PAGE 5 OF;)~
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Professional Ability of Consultant. City has relied upon the professional training and ability
of Consultant to perform the services hereunder as a material inducement to enter into this
Agreement. Consultant shall therefore provide properly skilled professional and technical personnel
to perform all services under this Agreement. All work performed by Consultant under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
~
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant
to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any
licenses, permits, insurance and approvals which are legally required of Consultant to practice its
profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employees and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out of the sole
negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
'-'"
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any notice of cancellation or
non-renewal of all Workers' Compensation policies must be received by the City at
least thirty (30) days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
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4
AGENDA ITEM NO.~ lp --
" PAGEJ.L OF ':LX'
~
either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit.
111. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the
Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not
be less than two hundred and fifty thousand dollars ($250,000) on a claims-made
annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best=s rating of no less than A:VII and shall be endorsed with the
following specific language:
~
i The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability arising out
of work performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
111. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability
of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, employees,
agents, or volunteers.
,.......
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
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AGE.NDA ITEM NO. ~lJ2--~.
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the City's option, Consultant shall demonstrate
fmancial capability for payment of such deductibles or self-insured retentions.
"-'
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during
the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
party at the address set forth below. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided in this section.
If to City:
City of Lake Elsinore
Atln: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant:
Katz, Okitsu & Associates
685 East Carnegie Drive, Suite 205
San Bernardino, CA 92408
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
"-'
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City
for entering into this Agreement is the professional reputation, experience and competence of
Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations
of the Consultant under this Agreement will be permitted only with the express consent of the City.
Consultant shall not subcontract any portion of the work to be performed under this Agreement
except as provided in Exhibit D without the written authorization of the City. If City consents to
such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to payor to see to the
payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
"-'
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AGENDA ITEM NO. JQ_
., PAGE.R... OF ;;) ~
1\:
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
I"'"" otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMSIENDISPUTE ("JAMS") or its successor in
interest. JAMS shall provide the parties with the names offive qualified mediators. Each party shall
have the option to strike two of the five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may
commence litigation.
/"'"'
25. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and to bind each respective party.
27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom.
r'
28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
7
AGE.NDA ITEM NO. .~Lo
; ,""" PAGE!l- OF ..2~v-
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Mfirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
...",
IN WI1NESS WHEREOF, the parties hereto have executed this Agreement on the dates set
forth below.
"CITY"
CITY OF LAKE ELSINORE,
a municipal corporation
Dated:
, 2006
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
""'"
V an Blarcom, Leibold, McClendon & Mann, P .C.
Barbara Zeid Leibold, City Attorney
"CONSULTANT"
Dated:
, 2006
By:
Mujib Ahmed
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers Compensation Insurance
""'"
8
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{,\'~PAGE 10 OF~ 8
;.\..:..-- .
,,--
EXHIBIT "A"
SCOPE OF SERVICES
For On-Call
Professional Traffic Engineering Services
PROJECT DESCRIPTION AND INFORMATION
The consultant will assist the City with various engineering assignments including but not
limited to:
. Review of Traffic Studies and Land Development Plans
. Plan Checking Services
. Other Traffic related professionals services as needed
The consultant will provide assistance to the Engineering Division during peak
workloads, staff absences, when expedited or fast track support is needed to satisfy City
customers. The consultant will be under the supervision of the City Traffic Engineer.
SCOPE OF WORK
The scope of work is to provide Traffic Engineering Services to the Engineering Division
that include but are not limited to the following:
,,--
A. Review of Traffic Studies and Land Development Plans
The Consultant will review and comment on various traffic impact analysis or
studies and land development plans submitted to the City for review.
B. Plan Checking Services related to Traffic or Transportation Engineering.
C. Provide other Traffic or Transportation related professional services as requested
in the areas of Plan Checking and/or Development Review technical support.
The Consultant will: conduct field reviews; determine technical validity of studies and
proposed design as shown on plans, based on current traffic engineering practices
and/or city accepted standards and policies; document deficiencies, prepare summary
report/letters and/or conditions of approval, and advise the City as necessary.
The City reserves the right to perform a portion of the scope of work with City staff
and/or by other Consultants as necessary.
,,--
AGEJIDA ITEM NO...l.D.-
i. .~~ PAGE I' OF;;L <6
REQUIREMENTS
· All work shall be performed under the direction of a licensed engineer approved
to practice in the areas of civil and traffic engineering in the State of California.
'--'
· The consultant will be expected to be pro-active in the performance of duties
under the agreement and to proceed and fully complete the project with minimal
instructions from City staff.
· The consultant will be expected to work closely with the City Staff and other
consultants involved with the project.
· The selected consultant will be expected to attend meetings as required by the
City.
· All investigations, reviews, and analyses will be the responsibility of the
consultant, unless otherwise specified by the City.
· A one week turn around for response is expected.
· All reports, documents, electronic files, printouts, charts, model, notes, analysis,
etc. prepared will be considered the property of the City. This information shall be
made available to the City upon request.
....."
~
AGEJ'4DA lTEr\i~ h.,-"o ~J,~Q
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Section 7 - Proposed Staff Classification and Hourly Rates
An hourly rate for each class of employee, including direct costs: are noted belGw. We do understand
that for each opportunity a fee proposal will be submitted which will go through a negotiation process.
We will be responsive to the City's cost and schedule limitations and suggest cost-saving ideas to the
City.
FULL LABOR RATES
Effective January 3, 2006
/"""
Staff Classification
Principal
Senior Engineer/Planner
Associate Engineer/Planner
Assistant Engineer/Planner
Planning Assistant
Senior Engineering Designer
Associate Engineering Designer
Assistant Engineering Designer
Senior Technician
Administrative Aide
Assistant Technician
Hourly Rate
$190.00
$160.00
$140.00
$ 90.00
$ 80.00
$120.00
$ 85.00
$ 75.00
$ 65.00
$ 55.00
$ 45.00
Expenses
Mileage billed at $0.44 per mile
Direct expenses will be marked up 10%
/"""
EXHIBIT "B"
_ =2~:~in~ Assoc~ates
AGEMDA ITEM NO. ~
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EXHIBIT "c"
CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCEj
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California
Executed on this
California.
day of
,200_ at
Consultant
"wfII
......,
AOEMDA iTEM NO. CO .. _._
, "PAOE...a OF~
,-\.~..
EXHffiIT "D"
"".-
LIST OF SUBCONTRACTORS
[INSERT]
/""
"".-
AGiNlA ITEM NO LQ
l'I~~MGE /5 'oF-cS-T
AGREEMENTFORPROFES~ONALSERVICES
This Agreement for Professional Services (the "Agreement"), dated for identification
purposes only as of , 2006, by and between the City of Lake Elsinore, a municipal ....,;
corporation ("City") and Albert, Grover & Associates ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional consulting services and related work
as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of three (3) years, subject to annual review by the City
Council.
....,;
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $50,000 without additional
authorization from the City Manager. Payment by City under this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days
after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City requests that Consultant
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to
be necessary for the proper completion of the Project, but which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor
be compensated for, Extra Work without written authorization from City. Extra work will be
invoiced separately from services performed in accordance with the Scope of Services.
......",
I
AGENDA ITEM NO.~
I"'"
6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal documents, shall become the property of the City
upon payment to Consultant for such work, and the City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City upon written request. City acknowledges that any use of such materials in a manner
beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further
agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees
and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expenses in connection therein), arising out of the City=s
use of such materials in a manner beyond the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement crea~es a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and
other documents or works of authorship fixed in any tangible medium of expression, including but
not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
,--.. which are prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require that all subcontractors agree in writing that City is granted a
nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any and
all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant or provided
to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at
any time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other Documents &
Data either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agreement. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs relating to project for which Consultant's services are rendered, or any publicity
pertaining to the Consultant's services under this Agreement in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent
,.... of City.
2
AGCKJA ITEM Nu. ~lo .
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8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or "-'"
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above-named officers, require that custody of the records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and """"'"
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may
have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Consultant's services hereunder. Consultant further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control and direction of the City
or of any City official, other than normal agreement monitoring; and
""""'"
3
A~A ITEM NO.~
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b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
/""
11. Professional Ability of Consultant. City has relied upon the professional training and ability
of Consultant to perform the services hereunder as a material inducement to enter into this
Agreement. Consultant shall therefore provide properly skilled professional and technical personnel
to perform all services under this Agreement. All work performed by Consultant under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant
to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any
licenses, permits, insurance and approvals which are legally required of Consultant to practice its
profession.
"...--
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employees and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out of the sole
negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any notice of cancellation or
non-renewal of all Workers' Compensation policies must be received by the City at
least thirty (30) days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Consultant for City.
"...--
ii. General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
4
AG6HJA ITEM NO. ( r
. "PAGE.L:L OF d- <6
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either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the
required occliITence limit.
....,
iii. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the
Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv.. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not
be less than two hundred and fifty thousand dollars ($250,000) on a claims-made
annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best=s rating of no less than A: VII and shall be endorsed with the
following specific language:
i The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability arising out
of work performed by or on behalf of the Consultant, including materials, parts or .....,
equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
111. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits ofliability
of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, employees,
agents, or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
""'"
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AOENDA ITEM NO. 1.O
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
must be declared to and approved by the City. At the City's option, Consultant shall demonstrate
fmancial capability for payment of such deductibles or self-insured retentions.
r--
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during
the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
party at the address set forth below. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided in this section.
If to City:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant:
Albert Grover & Associates
211 East Imperial Hwy., Suite 208
Fullerton, CA 92835
/'""'
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City
for entering into this Agreement is the professional reputation, experience and competence of
Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations
of the Consultant under this Agreement will be permitted only with the express consent of the City.
Consultant shall not subcontract any portion of the work to be performed under this Agreement
except as provided in Exhibit D without the written authorization of the City. If City consents to
such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to payor to see to the
payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
/"""
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21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
'-'
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMSIENDISPUTE ("JAMS") or its successor in
interest. JAMS shall provide the parties with the names offive qualified mediators. Each party shall
have the option to strike two of the' five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may
commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart. ....."
26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and to bind each respective party.
27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom.
28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
....."
7
~A ITEM NO. (0
. ...~ PAGE;2:l.... OF ;;L-?S
:\~~~... '
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
,,- program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set
forth below.
"CITY"
CITY OF LAKE ELSINORE,
a municipal corporation
Dated:
, 2006
By:
Mayor
ATTEST:
City Clerk
,,-
APPROVED AS TO FORM:
Van Blarcom, Leibold, McClendon & Mann, P.C.
Barbara Zeid Leibold, City Attorney
"CONSULTANT"
Dated:
, 2006
By:
Albert Grover
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers Compensation Insurance
,,-.
8
AGEMJA ITEM NO. lD
..'MGE~OF :2-)5
~\~~i, ,
EXHIBIT "A"
'"'"
SCOPE OF SERVICES
For On-Call
Professional Traffic Engineering Services
PROJECT DESCRIPTION AND INFORMATION
The consultant will assist the City with various engineering assignments including but not
limited to:
· Review of Traffic Studies and Land Development Plans
· Plan Checking Services
· Other Traffic related professionals services as needed
The consultant will provide assistance to the Engineering Division during peak
workloads, staff absences, when expedited or fast track support is needed to satisfy City
customers. The consultant will be under the supervision of the City Traffic Engineer.
SCOPE OF WORK
The scope of work is to provide Traffic Engineering Services to the Engineering Division
that include but are not limited to the following:
A.
Review of Traffic Studies and Land Development Plans
The Consultant will review and comment on various traffic impact analysis or
studies and land development plans submitted to the City for review.
~
B. Plan Checking Services related to Traffic or Transportation Engineering.
C. Provide other Traffic or Transportation related professional services as requested
in the areas of Plan Checking and/or Development Review technical support.
The Consultant will: conduct field reviews; determine technical validity of studies and
proposed design as shown on plans, based on current traffic engineering practices
and/or city accepted standards and policies; document deficiencies, prepare summary
report/letters and/or conditions of approval, and advise the City as necessary.
The City reserves the right to perform a portion of the scope of work with City staff
and/or by other Consultants as necessary.
.~
AfIPDA ''Ii'" NO. l 0
1;,;~",,~OF~)(~
/"'" REQUIREMENTS
. All work shall be performed under the direction of a licensed engineer approved
to practice in the areas of civil and traffic engineering in the State of California.
. The consultant will be expected to be pro-active in the performance of duties
under the agreement and to proceed and fully complete the project with minimal
instructions from City staff.
. The consultant will be expected to work closely with the City Staff and other
consultants involved with the project.
. The selected consultant will be expected to attend meetings as required by the
City.
. All investigations, reviews, and analyses will be the responsibility of the
consultant, unless otherwise specified by the City.
. A one week turn around for response is expected.
. All reports, documents, electronic files, printouts, charts, model, notes, analysis,
etc. prepared will be considered the property of the City. This information shall be
made available to the City upon request.
",.--
,-
_A'TEM NO. lo
\_'PAGE ;)S OF 2-><
~_~. ~ t...,;.\lo ...
. AuBRT
r't-ROVER. &
\J~SOCIATES
EXHIBIT "B"
SCHEDULE OF HOURLY RATES
EFFECTIVE JANUARY 1, 2006
'""
PrincipallPresident
Vice President
Director of Project Development! Associate
Senior Transportation Engineer
Senior Design Engineer
Transportation Engineer
Design Engineer
Associate Transportation Engineer
Signal Systems Specialist
Transportation Engineering Associate/ Civil Engineering Technician
Designer/Construction Inspector
Assistant Transportation Engineer/ Assistant Engineer
Senior CADD Operator
Project Coordinator, Engineering Assistant
CADD Operator
Traffic Enumerator, Engineering/Clerical Aide
Council/Commission Meetings, Hearings, etc. (Billing Rate + $50 Surcharge)
Expert Witness (Billing Rate + $50 Surcharge)
$ 200
$ 175
$ 175
$ 150
$ 140
$ 130
$ 120
$ 120
$ 120
$ 120
$ 110
$ 110
$ 110
$ 100 ~
.
,$ 100
$ 75
$ 1,000
Minimum
$ 1,000
Minimum
$ 1,000
Minimum
Expert Witness - Deposition/Court (Billing Rate + $100 Surcharge)
Subconsultants will be billed at cost plus 20%
Conditions of UsaRe: The above rates are typically effective for a 12-month period, but AGA maintains the right
to change the billing rates at any time for convenience of record keeping. Therefore. all billings will always be
at the then current billing rates. This will not affect any agreed upon totql or not-ro-exceedfees.
INVOICES WILL BE SUBMlTIED MONTHLY AND SHALL BE DUE AND PAYABLE WITHIN 30
DAYS. FINANCE CHARGES MAYBE ACCRUED DAILY ON UNPAID BALANCES BASED ON A 10%
ANNUAL PERCENTAGE RATE.
'~-~2CllUO(
'""
TRANSPORTATION CONSULTING ENGINEERS
211 E. Imperial Hwy ~ Suite 208, FuDcrton. CA 92835
(714) 992-2~ FAX (714) 992-2883 E-MaD: aca@albertgrover.c:om
N1SIDA ITEM NO. (0 -
. .'" MGE~OF .?~
I"""
I""'"
/"'"'"
EXHIBIT "c"
CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California
Executed on this
California.
day of
, 200 at
Consultant
fBB)A ITEM NO. \... 0 . ,'''
; . "'''.2:l OF 2?; 1
L'. .
EXHIBIT "D"
LIST OF SUBCONTRACTORS
[INSERT]
AOIIiW" ITEM NO. 1O doOr
. .~".. ;). )( OF _ ~
ho-~~\..,:....
...."
....."
....."
I"'"
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DA TE:
MARCH 14, 2006
SUBJECT:
AGREEMENT TO PROVIDE ALGAECIDE SERVICES
BACKGROUND
I"'"
During the summer of 2005, the City's Lake Department was contacted by Elsa and
Danny LaMore, managers of Elsinore West Marina, concerning the control of algae on
their boat ramp. Apparently, the attached algae caused the boat ramp to become
slippery. City Staff recommended regular treatment of the ramp with an algaecide and
weekly power washing. Furthermore, City Staff provided information on the State's
regulatory requirements for applying algaecide to public waters, which includes
supervision by a certified applicator and the attainment of an NPDES permit.
Elsinore West Marina is a private boat launching facility that is open to the public and
launches approximately half the vessels that utilize Lake Elsinore. Given the urgency
of Elsinore West Marina's slippery ramp problem, the regulatory restraints on using
algaecide and the importance of their launch ramp to the City, Staff proceeded to treat
the boat ramp with algaecide during the summer of 2005. The City has certified
applicators on staff and has a permit under the Statewide General National Pollutant
Discharge Elimination System (NPDES) for the discharge of aquatic pesticides in
waters of the United States.
DISCUSSION
Staff desires to reduce liability and establish a cost reimbursement method prior to
continuing to apply algaecide to Elsinore West Marina's boat ramp. The City
Attorney's office drafted the attached agreement and Management of Elsinore West
Marina has given verbal approval to move forward with signing the written agreement.
,....-
ACENDA ITEM NO.
PACE /
'~
OF 7
REPORT TO CITY COUNCIL
MARCH 14,2006
PAGE #2
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FISCAL IMPACT
No fiscal impact to the City.
RECOMMENDA TION
Approve agreement for algaecide services.
PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department
APPROVED FOR
AGENDA BY:
.......,
.......,
ACENDA ITEM NO.~
PACE ;J... OF 1/
AGREEMENT FOR ALGAECIDE SERVICES
,.-....
This Agreement for Algaecide Services ("Agreement") is made and entered into as of the
14th day of March, 2006, by and between the City of Lake Elsinore, a municipal corporation
("City") and Onterra Holdings Inc., doing business as Lake Elsinore West Marina ("Owner").
RECITALS
A. City is specially trained, experienced, and competent to perform the special services
which will be required by this Agreement.
B. City possesses the skill, experience, ability, background, certification, and knowledge to
provide the services described in this Agreement on the terms and conditions described herein.
C. Owner desires to retain City to render professional consulting services and related work
as set forth in this Agreement.
AGREEMENT
1. ScolJe of Services. City shall perform the services described in Exhibit A, which is
attached hereto and incorporated herein by reference. City shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction of the Owner
through its staff that it may provide from time to time.
,,-..
2. Time of Performance. The services of City are to commence upon execution of this
Agreement and shall continue for a period of one (1) year.
3. Compensation. Compensation to be paid to City shall be in accordance with the
Reimbursement Schedule set forth in Exhibit A, which is attached hereto and incorporated herein
by reference.
4. Method of Payment. City shall submit monthly billings to Owner describing the work
performed during the preceding month. Owner shall pay City no later than 30 days after
approval of the monthly invoice by Owner staff.
5. Reserved.
6. Termination. This Agreement may be terminated by the City immediately for cause or
by either party without cause upon thirty (30) days' written notice of termination. Upon
termination, City shall be entitled to compensation for services performed up to the effective date
of termination.
7. Reserved.
8. Independent Contractor. It is understood that City, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act
as an agent or employee of the Owner.
/"""
1
ACENDA ITEM NO.~
PACE ~~ OF 7
9. Reserved.
10. Professional Ability of City. Owner has relied upon the professional training and ability
of City to perform the services hereunder as a material inducement to enter into this Agreement. .....,
City shall therefore provide properly skilled professional and technical personnel to perform all
services under this Agreement. All work performed by City under this Agreement shall be in
accordance with applicable legal requirements and shall meet the standard of quality ordinarily
to be expected of competent professionals in City's field of expertise.
11. Compliance with Laws. City shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances, and regulations.
12. Licenses. City represents and warrants to Owner that it has the licenses, permits,
qualifications, insurance, and approvals of whatsoever nature which are legally required of City
to practice its profession. City represents and warrants to Owner that City shall, at Owner's cost
and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses,
permits, insurance, and approvals which are legally required of City to practice its profession.
13. Indemnity. Owner agrees to defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from and against any and all claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the performance of this Agreement or its failure to
comply with any of its obligations contained in this Agreement, except for any such claim arising
out of the sole negligence or willful misconduct of the City, its officers, agents, employees, or
volunteers.
.....,
14. Reserved.
15. Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to
the other party at the address set forth below. Notice shall be deemed communicated within
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
If to Owner:
Lake Elsinore West Marina
Elsa La More, General Manager
32700 Riverside Drive
Lake Elsinore, CA 92530
If to City:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the Owner and City. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this
Agreement.
....."
2
ACENDA ITEM NO.
PACE $I OF
17. Amendments. This Agreement may be modified or amended only by a written document
r-- executed by both City and Owner and approved as to form by the City Attorney.
18. Reserved.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
21. Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California, and any action brought relating to this Agreement shall be
held exclusively in a state court in the County of Riverside.
22. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences
any legal action against the other party arising out of this Agreement, the prevailing party shall
be entitled to recover its reasonable litigation expenses, including court costs, expert witness
fees, discovery expenses, and attorneys' fees.
23. .Mediation. The parties agree to make a good faith attempt to resolve any disputes arising
r-- out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE
("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
24. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least
one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it
shall not be necessary to produce or account for more than one such counterpart.
25. Authority to Enter Agreement. City has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make
this Agreement and to bind each respective party.
,,-.
26. Equal Opportunity Employment. City represents that it is an equal opportunity employer
and it shall not discriminate against any subcontractor, employee, or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-
discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
City shall also comply with all relevant provisions of its Minority Business Enterprise program,
ACENDA ITEM NO. =t
9ACE___.s:=___ OE_-:l.
3
. ,
Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter
enacted.
....,
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the
date first written above.
CITY OF LAKE ELSINORE:
OWNER:
Mayor Bob Magee
Elsa La More
Its: General Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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4
...,
ACENDA ITEM NO.~
PACE. ...~ .-~ OF.... 2-
EXHIBIT "A"
"......
SCOPE OF SERVICES AND REIMBURSEMENT SCHEDULE
1. Services. City agrees to treat the attached filamentous algae growth located on the
Elsinore West Marina boat launch ramp through the use of a permitted algaecide. The specific
terms of such treatment are as follows:
a. Treatment Area. The treatment area addressed in this agreement is limited to the
boat ramp at Elsinore West Marina.
b. Treatment Substance. The specified herbicide that the City will use in treating the
attached filamentous algae on the boat ramp is Cutrine-Plus. Cutrine Plus is available in both
granule and liquid form, and the City, within its discretion, may use both when treating the boat
ramp. The active ingredient in Cutrine Plus is copper. The Manufacturer label and Material
Safety Data Sheets (MSDS) shall be provided to Owner by the City upon request.
c. Treatment Schedule. The algae treatment schedule will be based upon the request
and need of Owner. Owner shall provide City with a schedule of treatment frequency on a
monthly basis. This request shall be submitted one week in advance of the month for which the
services are requested. Such request shall be directed to the Lake and Aquatic Resources
Department of Lake Elsinore.
r--
d. Treatment Dosage. Dosages used in treating the attached filamentous algae
growth will be based upon recommended application rates by the Manufacturer of Cutrine-Plus.
The dosage will also be subject to the best professional judgment of City Staff.
2. City's Authorization to Use Pesticide. City staff is certified by the California Department
of Pesticide Regulation to apply aquatic herbicides. The City has recently submitted a "notice of
intent" with the Santa Ana Regional Water Quality Control Board, which permits the City to
apply aquatic herbicides to Lake Elsinore under the State's general National Pollutant Discharge
Elimination System (NPDES) permit.
3. Reimbursement Schedule. Owner agrees that it will supply cost reimbursement to the
City for materials and labor associated with the treatment of the attached filamentous algae. The
current estimated total cost for materials and labor necessary to apply a thirty (30) pound bag of
Cutrine-Plus granules to the boat ramp at a frequency of two (2) times per week, is $150. As
such, if applied twice a week for one month, the total monthly cost would be $600.
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AOENOA ItEM NO. <=+
PAGE '-;2.... _O~...h_3-.
".....
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DA TE:
MARCH 14, 2006
SUBJECT:
A WARD OF CONTRACT - STADIUM ROOFS
BACKGROUND
The Lake Elsinore Diamond Stadium roof structure is comprised of aluminum sheeting
seen on the angled pitched roof and a vinyl Fibertite membrane placed on the six (6)
flat roofs of the facility.
",.-..
DISCUSSION
The flat roofs have exceeded their ten (10) year warranty and have begun to leak. The
flat roofs on the men's and women's restroom on the suite level have allowed moisture
to run down the inside of the walls and the tile floors in both restrooms have begun to
lift in one small area.
The new material to be utilized is similar to the existing, but now has a 15-year
material warranty. Staff has secured six (6) bids for the roof work, which are as
follows:
Larson Single Ply
Broken Arrow
Commercial Roofing Systems, Inc.
Lavey Roofing Services, Inc.
Coast Roof Company, Inc.
The Garland Company, Inc
$21,200
$24,000
$35,692
$41,995
$52,584
$53,639
~
1\.....1r':~1""'~. ITr::~~ f,~O 6
f"\V'-':i'vw-h 4 l;~>:l i~ .
PA' ....~ I C'H: -, "1
. """".;.--1----- "-J~ ~._.~--.
REPORT TO CITY COUNCIL
MARCH 14, 2006
PAGE 2
~
To have the repairs made prior to the start of the season; staff is requesting an
"Exception to Bid Procedures" as provided in Chapter 3.08.070 (F) of the Lake
Elsinore Municipal Code, which allows the City Council to authorize the City Manager
or the Purchasing Officer to bypass formal bid process required under this chapter for
purchases greater than $15,000.
Staff is requesting that the City Council authorize the exception to the formal bid
process (3.08.200) and allow staff to utilize the "Open Market" purchasing process
(3.08.100) to expedite the replacement of the roofs.
FISCAL IMPACT
With the lateral transfer of the Stadium Lead Worker to the Parks and Open Space
Division, adequate funding exists within the Personnel Services section of the stadium
budget. Staff would request City Council approval to transfer these funds into the
proper account for the repair/replacement of the flat roofs.
......,
RECOMMENDA TION
It is staff's recommendation that the Mayor and City Council grant the exception as per
Chapter 3.08.070 (F) "Exception to Bid Procedures" and award the contract for roof
repairs/replacement to Larson Single Ply in the amount of $21,200.
Staff would also request City Council approval to transfer the requested $21,200 from
"Personnel Services" to the Stadium Capital Outlay, Building and Structures (40-10)
account.
PREPARED BY:
CO~TYSERVICES
APPROVED FOR
AGENDA BY:
'-'"
Avt:i..u,", I. tllii "'iV.
PAC:: J.
C:l ----
OF ---'-a. -'
12/15/2005 0%:45 FAX 909.1280380
fin 00 %
~
Larson Single Ply
PO Bolt 1688
Rialto. Ca 92377
800-76J-627% Fax 9()9.42&..o:J&O
CA LilW. 780227
Date: 'De.cemier J4. 2005
Proposal Submitted To:
Work To Be PClfbrmed At:
Name:: City of w.e E1ainore
Aa.a: BUt
Street:
City: State: .lip:
PhVDI::; FAX&)471..om .
Wl".,... ,., _ fIlII1 JIl!I'.fPf'M tfNlIIIHIr -*ItIIY lIt 1M ~ ot fJ ;~Cri8lI!d ~ tIJ w.,.
Projoct; - Ball liarnond
StIut. 500 I .I~ Drive
City: Lake Usinore State: CA
##1. DedI: S~ Preoal'lldOl):
1l1o subatratc on which the new Fibertite membrane is to be applied. $hall be c~ and made he ftom
sharp edges end loose debris. We wm properi)' clean all f1""il\P. ducts, CUlt)S, and parapet walls 10 propelr
height as to 10sure propeT seal ofn~w flashill& termination.$. All surface preJ ;,ration SMn be done in strict
accordance with Fibcrdte appUcation specffic;ationl.
r--
R2. UIlde.-......-t Board:
UIlderlayment all be laid on the deck and cut 8tO&IRd all peneQ.'ations. II shall theft be mechanically
att8ched widt appnMd fasteners according to f'ibertitc spcclfleatiom. We '" ! 11 install 6" polyester Nit.
#3. Me.bn.:
3.300 square feet ofF1bertite standard white membrane panels sball be U 'Ir.allcd to the roof <lee'" thrOU&h an
approved faveDing nlClthod witb fasteners and platcs. The mechanically fasto:lle6 Flbertite is 11 reinforced
sin;)e-p1y roofing sysI.cm. The panols shan be beet welded to each (Abet 10 I ilrm a InODl>lkhlc bond.
#W. p_.......tio...:
CutOutS in the membrane for protrusiODS, equipment, air conditioners and ,,)of curbs shall be made.
Fibcrtitr: approved fiasteners shall be installed around ,ll1OI.1tS. The skirt ~d .JCCes&C1r1es ahaJl be welded to the
deck membta1le. oowr.Ing any cuto\lt$. Properly install membrane I.nto. throll~l1. 01' aro~d dedc dfains, scupper
cfntins, ,,*k tluIJings and 10 all pipes aad veots ..
#~.~:
All dnlinll el1a1l be made water tight with Fibertite approvecl system-
... ........ Wall:
Fibortitc custom &bri.::alCd -parepel wall t'uhi1lg shed shall be sc:cun:d to PlInlI ,~~ ,..ith Appfo)'Ved fa..atenetS through
upproved platts. Parapet wall f1ubing shBJl be blllll w\lI.docS to Fibertite tield memb -1tIJC. TcnniollliOll5 m Lop or porapet
wan shall be made UIli1l1 'Fibertite edglns, termination bar, tillcia bllT or cxil;ting metal cap OJ' existing tlnlsllcs (existing
metal cap OlJSbinJl$lI'l8)I be re-used..)
W1.WIIITlIIIbt
UpoD comp~nn a PiberriU: Quality AssIll'llJlCC iDspector will perfbrm a ;Ietailed physical roof examination
on all aspects of1bo newly ins1aIled Fibertik: membraoe and ~ A!y recommended repaDs win be
made lI1Jd a IS yeer. no dollar limit. fbIJ 1't'P1acement:cnateriaJ and labor warr lllty will be issued to the owner or
owner's representative 30 days atk.'r in9pecdon and tlnal payment.
~
AGENDA ITEM NO.
PAC:: . ~
D
m:_/~
ll!lol:005 0%:46 FA! 9094280380
IitJ003
Larson Single: Ply
PO Box 1688
lUako, Ca 923n
800-761-6212 Fax 909-428-0380
CA Lie. 780227
POst 8raJuIewa:
. 0tIieec 57.-.00
. KltdId 2.800.00
. Boil... RouIa 2,800.80
. :&.tltroom 1.800.00
. s.throom 2,800.00
. hatry ~ IIftft no
Totll.llllyest.eat $21__
ThIS In\l,smtenr also inchuJes rhese lttma omi sen.'ices .;I, no addUlcJf/ol l:harge;
. WlIInftty doca not exclude ponding WAter.
· No exclusiOllli from I&tJimlII La&s. grOllSe, oils, or bL>Jogbl growth.
· R.oof 4ecIc end 8fOunds shall be left clClll and fi'cc of debris related 10 54.7\ '..,'C:S pro'lid1:d by us..
. ^ 1-year roof iIlspcctitm will be done to provide customer with pholDS and IIIrlttcn anaJ)'Sis to ensure pelUlC of
mind at no extra c:bargc..
. Laxson Single Ply will provide a 2...year c:ontractor warranty atons with th.~ FibertiW IS year WIilIN1ty llIIlIUIllold In
the tln'Is ofFlbcrtftl: 8pplOVl:d c:onlrlWtUr and applicatOr,
· Salellitc .syStems (disb) or any c:ommullialtim viewing equipment, cdJ sit ;~l, or rclal<<t is the rcsponsibili~y oftbe
owm:r or thoir 1I1oot 10 bvc r<<dig"cd (It moved.
Tef'IM ... <'.:HlIIf!eaI: The abo\'~ 1IIGIlti0HCl bicI is VlItid 1br the ftCQlt 30 dIlys. It is ;1$$\Imed 1ha1 the roof deck n
Slrul:tW'al5jlSlt:mS are IlDUIld.. Should this bid be ~ and llI"lCd to. our tmns p., ~ dur: 1IpQft delivery 01 matwdaJ:s
to job Sile IlKI :iO'% due upon comp1cdon. In 1hc event that paymen~ is 110l male as S1;1Il!Id. a 1 ~ % ~ pet'mond& wBI be
added to the IotlI1 bid prka 'I'be o-.ner further IlftFCCS to hldcmoif;. tk.-iml1IIId hold :.-ontlUCtOr hannle6s fi'Om fill dacnaps.
ClQ:JCI1SC5, IawsuWl. or i:laims. including coIlmiCII actions. e111ima for subro,pdon. aU nrm.-y 's fm end/or CO$1S (If
rcmc:dilltion or teBton\lion, brought b)' any part)I(.) arlstU& ftom or relating 10: (1) tho . l>erforlmll1Ce of1be wort deseribed In
tili 5 proposll! unless solely dlle to (ontracto,. $ own negligmce: (2) the prcsont or full. .re growth Or presence of molel or other
blologkal erowth within the: roof I$,t1embly or the buildinSCl1velope; or (3) daJllll&CS ~()m I~ through any IIlClI of the: '
existing or present roof JurtB" ~hc:re lbo Cl>ntractor has not performed teer-off or SUI I;lCe prep21'lltion work. No wlrl'lUlticl
doscr~ herein. become effcc:tive UDtil all moneys arc paid within the terms dosorih:J in this parearaph,
,.~ .
Respectfully submltled: Roy Larson. LlIl50n SiBille: Ply
Ifthcsc termS 81e acceptable, please sign and date the IIpl'JOYlI1 blank below UIld we v i!l initiate the work lIS SOOIIlI3
possible:. PIc8lIo mel fi'ee to COlltacl me directly with my questions or comments thKl I CQ."1 assiSt yau wltll, 'I'hank you very
mIlCh lOr your con:Aclmltion.
A~eeptanee of .AgreemeDt
1 ac:cept your pt'OpOSlll. r1l si8Slin8 this document 1 acknowledge that I have COmplete r lead this document and agree to be
boum:l by III! its tcl1lti IWd ~onditions.. and that I have the authority 10 bind Ibt; ::ntilY , ;lmed lIS tile owner above:
Acc:epted By:
Title;
Dm;
AGENDA ITEM NO.
PAGE f
'-'"
'-'"
'..J
R
OF I~
!L/!b/L~~b !b:!q
'jt)'::!.:lbb\:)bt:lb
Vytl-L r'~Al.;H
t-'A\:It:. ~:.!
/'"""
~..:;;;;-
1 - .~-----=-~
c:~ <~.._~~ --.L . F Fe>> ""
;'Quali~ a-nd I-nt:egrit-y"
Oat\::
Vecem6eT 15. ZOOS
I"ropllSill Submitted To:
Project
C it)' of Lake Elsinore
218~. l'oe St.
Lw' EJ:;inol'e. Cali fornia 92530
Ball Diamond
$00 DilUY\(ltId Drive
Lake Elsinore, California
Attmti\!n: Bm
We proJ'fIU fO }UmISIt lItit IIf'"et1t11 iInII !Jut""" {fie 1at# ~,., 70, 1M compIe1Il111 0/: lJf5Cl'IDtIt SCOJH qJ WIWI
#1. Dc..'Ck Surface Preollratiou:
The substns.te on which the new FiberTite membrane is to be applied shall be cleaned and made free
from sharp edges and loose debris. We wiJl properly clean all flashinss. ducts, Curbfi. and parapet walls to
proper hci.ght as to insure proper seal of new flashing tmninD1~om. All $Ut'face preparation wll be done in
strict accordance with FiberTite application specifications.
/'"""
*2 Undcrlaymc9t:
Underlayment shall bt laid on tbe deck. and cut around all penetrations. It shall then be mechanically
attllched with approved filstene.rs ~rding to Fibertite specifJ<:8lions. We wiD install 6# polyester felt..
#3. fi~rTite Membrane:
3,300 square feet ofFlberTite standard (36 mil. Nominal) membrane panels shall be installed over
underlayment board and seL"11red to the roof deck throu&h the fastening tab with approved fasteners and
pl"-tc5. Medumiclllly luten FiberTite 36 mil reinforced single-ply-roofing system. PlmeJs 3baJl be heat
welded to each other to rorm a m.o.noJithie bond.
#4. p~lJet.nltkml:
Cutouts in the membrane for protru5ions, equipment, air conditioners and roofcurbs shall be made.
Fj~TTite approved futencrll shall be iAst8Jled al'OWld cutouts. The skirt of the factory-fa'oricatEd
accessories shall be welded to !he deck membrane, covering any cutouts. Properly install membrane into,
tbrough, or around deck drains, $Cupper drains, stack flashings and to all pipes and vents.
#~. Or:tins:
All drains and scupper drains shall be made WIller tight \Vith FiberTite prefabril.lated inverted drain.
#6. ParaDet Wall;
fiberTite amom fabricated parapet wall tlashin& sheet shall be 5C(:ured to panspet$ with approved
fasteners through approved plateiJ, parapet wall flashing shall be heat welded to FiberTite field l'l1embran~.
TenniTt3tions at top ofpal'apet wall shan be made using FlberTtte edging, termination bar, ftlscia baT or
existing metal cap or e.lljsting fin.ishe5 (existing Il1fItal cap flashings mCl)' be "-used.)
CA Lie. 7416:56
Broken Arrow. 8960 N. Highway 40, Uikepoint, Utah 84014
PlI()M (8<.l1) 355-0:527 (626) 523-7311 FAX (435) 882-69' I
/'"""
AGENDA ITEM NO.
PACE '1
<0
OF I fI..
~_/~~"UUw ~w.~~
'::JU;:}.;}:.JOUQCO
u r ~L.. ITIH......n
- ~
1 - ~..... ,._-_.~-
~ ,-'---~""-'--F Fa W
""Quality an.r;l Integrity"
#7. Wilrrantv:
Upon completion a f'iberrite Quality Assurance inspector will perfonn a detailed physical roof
examination on all aspect$ of th# newly installed f'iberT!te membrane and components. Any recommended
repair~ will be made and a 15 year, no dollar limit, full replacement material and \aoor warranty will be
i55ucd to the owner or ("'VIler's representative.
. lJU:Illlftv~~ment: $24,000.00 All Six Roots Inehuled
Term' and ConditiClDs: The above .Ulclritiol'loo I>id is valid for the next 6t) days. It is assumed that tile ((lof deCK and
structural systems are sound. Should this bid be accepted and D&~ to, our tenJl3 are flCQOrdfng to agreed contract
docultll:ots. In the event thai pll..vmellt Is nOf made as stated, a I ~'2 % charge per month will be added to the total bid
price.
The owner further lI&l"Ces to indemnify, defend and hold (ontreetot' harmless from all damlig$S, el(~, lawsuits,
or claims, including collection actions, claims for subrogation, attorney's fees and/or com of rcmediatioo or
reslorlltion, brou8ht by any party(s) arising from or re/8tlng to: (1) the perfonnance of the work described In thls
propo,a.l unk5$ :;01.:1)' due to COI'llTiSCtor's own negligm<<l: (2) tllC pre:satt or futuro growth or presenu of mold or
other biological growth within thi'J roof assembly or tile building envelope; or (3) dan.acs from leaks through any IlfaJ
of the "Kisling or ptelleDt roof sudilee where the contractor has not performed tear-otf or surface preparatIon work. No
warranties dtscribtd. hereirt. bCl:om~ eff'ective until 1111 InOn!:ys afe paid 'With;n tbe term!; described in this pQtagJ'aph.
R.espectfully submitted: Rick Seely. Broken Arrow
CALie.74J6S6
Broken Arrow' 8960 N. Highway 40, Lakepoint, Utah 84074
Phone (801).3.55-0527 (626) 523-1317 FAX (435) 882-6911
rH~r::. c.'w
2
AGENDA iTEM NO.
PACE ~
~
'-'
"-""
8
OF I~
Feb 17 06 02:5?p
Commercial RooFin~ S~5tem
(626)359-2654
p.2
,..-.
City of Lake Elsinore
Lake Elsinore Diamond Roof Project
500 Diamond Drive
Lake Elsinore, CA. 92530
Mr. Bill Houtz
Facility Maintenance
9511245.5632 Phone
951/471-0134 Fax
lump Sum labor and miscellaneous material cost to tear off and install new
roofing system on the Lake Elsinore Diamond.
S 35. "QZ. 00
Re~ roof system and save eXisting roof insulation. Mechanically
fasten primed densldek over existing insulation. Install one (1) ply SBS lorchable
base sheet and one (1) ply Stressply N Mineral membrane. Coat entire roof
surface with Pyramic white roof coating. Install 22 gauge new metal
counter flashings and re-instal! original coping cap. Construct new AJC
curbs as needed throughout the roof system.
/"'"
Price per Sq. foot for metal deck removal and replacement
$2[;,6C:,
Price per Sq. foot for removal and replacement, existing wet Insulation
$ 1, z S-
Contractor Name C.drnme re.I a. 0 -8;.. S. siems, r".. c..
Estimator Name "J"1tj H'.. \ 1 e r
Address I \ ':1- 3 S- L:,rJ Id r J;" j Rd.
/Jrca~/a) La 4 g loot:,
Phone Number fo2~ ' "3$-.:) .63 S-'1
Fax Number {; Z ~ 36-3 Z:' S-~I
California State Contractor License Number .::tf S-:J I z z: ~
Faxed Bid due by 2:00 pm Friday 02117106
By maR or delivety
Attention Mr. BUI Houtz
/"'"
AGENDA ITEM NO.
PACE 7
8
OF l~.
Feb 21 06 05:36p
Commercial RooTin~ S~stem (626)359-2654
p.2
.....,
City of Lake Elsinore Material List
City Supplied Material
Lake Elsinore Diamond Project
Material Coverage Quantity
1) Stessply IV Mineral % Square Roll 55 Rolls
2) Pyramic l/ga1/sq. - 15_ 5 Gallons
2 coats req' d
3) Flashing Bond Mastic 7 lineal ftIga1 _2_ 5 Gallon Pail
4) Tuff Stuff Caulking 30 tubes / Case _1- Cases ....., .
5) Garmesh 75 sq. ft lSO'x6" 2 Rolls
~
AGENDA ITEM NO.
PAGE '6
8
OF IJ.... .~
02-16-'06 13:02 FROM-LAVFf ROOFING
7149736214
T-259 P01/02 U-058
,-
City of lake Elsinore
lake Elsinore Diamond Roof Project
500 Diamond Drive
lake Elsinore, CA. 92530
Mr. Bill Houtz
F acUity Maintenance
951/245-5632 Phone
951/471"()134Fax
lump Sum labor and miscellaneous material cost to-tear off end install new
roofing system on the Lake Elsinore Diamond.
S 41_,995.00
Remove EPDM roof system and save 8)(isting roof insulation-. Mechanically
fasten primed densldek over existing insulation. Instal. one (1 } ply 80s ton:hable
base sheet and one (1) ply StressplV IV Mineral membrane. Coal entire roof
surface with Pyramic white.<<x:Jf coating. Install 22 gauge new metal
counter flashings EI'Kf nHn&taU original coping cap. Construct new Ale
curbs as needed throughout the roof system. .
Price per Sq. foot for metal deck removal and replacement
$ 12. 00
r--
Price per Sq. foot for removal and replacement, existing wet Insulation
$ 13.00
Contractor Name
LAVEY ROOFING SERVICES, INC.
Estimator Name
REX SOUDERS
Address
1220 S. WRIGHT STREET
Phone Number
SANTA ANA. CA 92705
114/913-6233
714/973-6214
Fax Number
Cafifomi a State Contractor License Number
811111
FaJt.ed Bid due by 2:00 pm Friday 02117108
By mail or delivery
Attention Mr. SiI Houtz
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AGENDA ITEM NO.
PACE q
13
OF J~
City of Lake El$inore
Lake Elsinore Diamond Roof Project
500 Diamond Drive
lake Elsinore. CA. 92530
Mr. Bill Houtz
Facility Maintenance
951/245-5632 Phone
951/471-0134 Fax
Lump Sum labor and miscellaneous material cost to tear off and install new
roofing system on 1h$ Lake Elsinore Diamond.
$ 52..584.00
Remove EPDM roof system and save existing roof insulation. Mechanically
fasten primed dell$ldek OYer existing insulation. 'nstalJ one (1) ply SBS torchable
base sheet and one (1) ply Stressply IV Mineral membrane. Coat entire roof
surface With Pyramic wh~ roof coating. Install 22 gauge new metal
counter flashings and re-fnstall original coping cap. Construct new Ale
curbs as needed throughout the roof system.
Price per Sq. foot for metal deck removal and replacement
$ 50.00
Price per Sq. foot for removal and replacement, existing wet Insulation
$ 7.00
Contractor Name COAST Rool'. co. ,INe
Estimator Name
3ULIO GONZALEZ
Address
2301 E. ORANGITHORPE AVE..P.O. BOX 7050
FULLERTON, CO! 9283l
714 738-6611
714/ 738-0143
Phone Number
Fax Number
California State Contractor License Number
393499
Faxed Bid due by 2:00 pm Friday 02117106
By mall or delivery
Attention Mr. Bill Houtz
ACENDA ITEM NO.
PACE , I
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8
OF -1~. ___
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since 1895
THE GARLAND COMPANY INC.
HIGH PERFORMANCE ROOFING AND FLOORING SYSTEMS
3800 EAST 91ST. STREET. CLEVELAND, OHIO 44105-2197
PHONE: (216) 641-7500' FAX: (216) 641-0633
NATIONWIDE: 1-800.321.9336
City of Lake Elsinore
Roofing Projects
JASON R. BUSANOVITCH
27271 Colt Drive
Corona, CA 92883
Phone: Vmail: 800-762-8225 ext. 691
Mobile: (951) 300-8377
Fax: (951) 245-0597
Lake Elsinore Diamond (Material and Labor Bid Separate through CMAS Program)
California Multiple Award Schedule; purchasing the material through the State program
will save the City (15-200./0) between contractor material mark-up and State discounts.
The roofing contractor is responsible for the amount of material purchased by the City.
This is stated in the specifications, (page 2, Section 1.5 Submittal G.).
,......
Commercial Roofing Systems, Inc. was the low bidder. Lic# 591222
Garland Material, Shipping, and Tax
Total
$35,692.00
$17.947.00
$53,639.00
Lake Elsinore Chamber of Commerce (Labor and Material bid together)
Shingles and Underlayment are relatively inexpensive; this project was bid with labor and
material together for that reason.
Lavey Roofing Services, Inc. was the low bidder. Lic# 811111
$16,900.00
Both roofing systems will come with a 2 year contractors warranty and a 30 year
manufacturer's warranty. The Manufacture will have a representative on the job 4 days a
week to make sure the job is done right and to give the City weekly updates with photos.
The Diamond will comply with the States new Title 24 Regulations for Cool Roofs, the
Chamber of Commerce does not need to meet the requirements under State Regulations.
/"'"'"
Please call Jason with any questions or concerns,
~7<~
ACENDA ITEM NO.
PACE. I~
B
OF I~ .",
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
'-"
TO:
MA YOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DA TE:
MARCH 14,2006
SUBJECT:
AUCTION SALE OF SURPLUS EQUIPMENT
BACKGROUND
The equipment listed below is submitted for declaration as surplus equipment to be
sold at auction.
Item Descriotion Year Serial No.
Vessel Boston Whaler 1988 BWC5E467J788
Vessel Crystaliner 1986 CRUL0020G686
Trailer Boston Whaler 1987 IPHCXYU28HI000038
Trailer Crystaliner 1989 ITOBS 17D4KS 105098
,...."
DISCUSSION
The equipment listed in this report has been replaced by new equipment. The 1986
Crystaliner was replaced this year by a 2006 Boston Whaler funded by mid-year
budget allocations. The 1988 Boston Whaler was replaced last year by a 2005 Design
Concepts obtained by a grant from the State of California.
Staff requests that the equipment listed in this report be declared surplus equipment by
the City Council and that staff receive authorization to sell the equipment at auction.
FISCAL IMPACT
Proceeds from the sale of this equipment will be placed into the City General Fund
Account.
,...."
. !'. c.....'..." "'~',), ~,. n q
K" t-..~"l~f:~ I. t:~~~ 'JV.
PAt:: I OF _..d._
r- REPORT TO CITY COUNCIL
MARCH 14, 2006
PAGE 2
RECOMMENDA TION
It is staff's recommendation that the Mayor and City Council approve auction sale
of the equipment described in this report.
PREPAREDBY: OIL
WILLIAM L. P
APPROVED BY:
,--
lJBLIC WORKS MANAGER
OFCO~TYSERVICES
CI
...-..
APPROVED FOR
AGENDA BY:
/'"
AGENDA ITEM NO.
PAC:; c2..
q
OF (l
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
.......,
TO:
MA YOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 14, 2006
SUBJECT:
A WARD OF CONTRACT - JANITORIAL MAINTENANCE
BACKGROUND
Recently, public notice was given that sealed bids would be received by the City of
Lake Elsinore for janitorial maintenance. Bids were publicly opened, examined and
declared on December 20,2005.
DISCUSSION
Bidders were asked to submit an annual cost to provide janitorial services as described ~
in the performance requirements included in the bid package (a copy of the bid package
is included in this report).
The scope of the work includes janitorial maintenance of City owned buildings
including City Hall, Public Works Yard, Senior Center, Centennial Station, Cultural
Center, Community Center, Lake Operations Trailer, Tiny Tot Facility, and City Hall
Trailer.
As part of the bid process, staff conducted a facility tour with all contractors who pulled
bid packages. The purpose of the tour was to visit each facility and to answer questions
regarding performance requirements.
Three bids were submitted and are as follows:
Company
Bid
A & A Janitorial Services
Environmental Cleaning Solutions
Merchants Building Maintenance
$63,000
$51,540
$44,664
......,
Aca!'?',~ ITEM NO. I 0
Fj~,:.,. L OF 11"
~~_..._., --- ~-
,,- REPORT TO CITY COUNCIL
MARCH 14,2006
PAGE 2
FISCAL IMPACT
Funding is available in the Facility Maintenance Budget to cover the annual cost of
$44,664.
RECOMMENDA TION
It is staff's recommendation that the Mayor and City Council authorize the City
Manager to execute a maintenance contract agreement with Merchants Building
Maintenance Company for janitorial maintenance services for a term of one (1) year
commencing from the date of execution, and can be extendable in one (1) year
increments up to three years, with City Manager's approval.
PREPARED BY: ~(
WILLIAM L. P A
APPROVED FOR
AGENDA BY:
,,-
APPROVED BY:
OF COMMUNITY SERVICES
~.
AGEND,~ ITEM NO._t 0
FAC.: J.. OF ~
""-'"
Bid From
A & A Janitorial
""-'"
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AGENDA ITEM NO.~ D
PAC';; ",,> OF ~
~
TO ACCOMPANY BID SUBMITTAL
Janitorial Maintenance Work
PROPOSAL
Name of Bidder ~.~. ~
Address of Bidder ~t?,
rflr,J lid 10 d
~cg f S5':HJ
{ rfi!1JICeg
f2;?/.[,(S,.d~l ('It" t!2511
To: City of Lake Elsinore, California
The undersigned bidder, in accordance with the City's Notice
Inviting Bids, hereby proposes to furnish all materials,
equipment, tools, labor, and incidentals required for the above-
stated project as set forth in the Plans, Specifications, and
Contract documents therefore to perform all work in the manner and
time prescribed therein. . The attached Bid Schedule is hereby made
a part of this proposal.
r'
The undersigned bidder declares that this proposal is based upon
careful examination of the work sites, Plans, Specifications,.
Instructions to Bidders, and all other Contract documents. If
this proposal is accepted for award, bidder agrees to. enter into a
Contract with the City at the unit and/or . lump sum prices set
forth in the follOwing bid schedule. Bidder understands that
failure to enter- into a Contract and furnish bonds in the manner
and time prescribed will result in forfeiture to the City of the
guarantee accompanying this proposal.
The undersigned bidder certifies that this proposal is made in
good faith, without collusion or connection with any other person
or persons bidding on the work.
The undersigned bidder understands that the City Council reserves
the. right to accept or reject any or all proposals or to waive
formality or technicality 'in any proposal in the interest of the
City.
r".
10
AGENDA ITEM NO.-1. ()
PAG:~-LOF~
TO ACCOMPANY BID SUBMITTAL
BID SCHEDULE
Contractor is to submit an annual cost to provide janitorial
services, as described in the performance requirements, to the
facilities listed below.
~
The specifications for the bid are found on page 29 of this
document.
The successful bidder will be compensated one twelve of the annual
cost on a monthly basis.
ITEM DESCRIPTION
1. City Hall
130 South Main Street
2. Public Works Yard
521 North Langstaff Street
3. Senior Center
420 East Lakeshore Drive
4. Centennial Station
132 West Graham
5. Cultural Center
183 North Main Street
6. Community Center
310 West Graham
7. Lake Operations Trailer
500A Lakeshore Drive
8. Tiny Tot Facility
400W. Graham Avenue
9. City Hall Trailer
130 S; Main Street
11
~
AGENDA ITEM No._l 0
PAC:: ~ OF~
TO ACCOMPANY BID SUBMITTAL
Total amount of base bid in words:
J~
~
,-..
1iJ~
OcJeMA-
Total amount of base bid in numbers: $ ~3~ tJDo -
, .
NOTE: All work to be done in accordance with City of Lake
Elsinore Ordinances, and Maintenance Specifications set forth in
this bid package. All work is subject to inspection by the City.
Any Contractor doing work in the City must: have- a City business
license. The budget for the project is flexible and is dependent
upon the city council approved facility maintenance budget. The
city does not guarantee a specific dollar amount for work within
the scope of this. project.
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12
AGENDA ITEM NO._\ 0
PACE (p OF_~_
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Bid From
Environmental Cleaning Solutions
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ACENDA ITEM NO. lO
PACE--1--0F~
/"'"
ENVIRONMENTAL CLEANING SOLUTIONS AND SERVICES, Inc.
Fobrice Vuillemelj
23885 Corinth Drive
MURRIETA, CA 92562
Phone & FOX (951) 677-0192
SUMMARY OF ANNUAL COST
BuiJdin~Office Space
Annual Cost (includine supplies)
r-- City Hall $10,800.00
Public Worlcs Yard $ 7,020.00
Senior Center $ 7,800.00
Centennial Station $ 2,340.00
Cultural Center $ 4,620.00
Community Center $ 9,240.00
La1ce Operations Trailer $ . 1,560.00
Tiny Tot Facility $ 7,080.00
City Hall Trailer $ 1,080.00
Totals $51,540.00
(Fifty One Thousand Five Hundred Forty Dollars)
,-.
AGENDA ITEM NO.
PACE ~
\0
OF31
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Bid From
Merchant Building Maintenance Company
~
....",
~
AGENDA ITEM NO. l 0
PACE-1-0i=4
/"""
TO ACCOMPANY BID SUBMITTAL
Janitoria1 Maintenance Work
PROPOSAL
Name of Bidder~ERCHANT BUILDING MAINTENANCELLC
Address of Bidder 1995 W. HOLT AVE. POMONA, CA. 91768
To: City of Lake Elsinore, California
The undersigned bidder, in accordance with the City's Notice
Inviting Bids, hereby proposes to furnish all materials,
equipment, tools, labor, and incidentals required for the above-
stated project as set forth in the Plans, Specifi~ations, !". and
Contract documents therefore to perform all work in the manner and
time prescribed therein. The attached Bid Schedule is hereby made
a part of this proposal.
The undersigned bidder declares that this proposal is based upon
careful examination of the work sites, Plans, Specifications,
Instructions to Bidders, and all other Contract documents. If
/""" this proposal is accepted for award, bidder agrees to enter into a
Contract with the City at the unit and/or lump sum prices set
forth in the following bid schedule. Bidder understands that
failure to enter- into a Contract and furnish bonds. in the manner
and time prescribed will result in forfeiture to the City of the
guaranteeacQompanying this proposal.
The undersigned bidder certifies that this proposal is made in
good faith, without collusion or connection with any other person
or persons bidding on the work.
The undersigned bidder understands that the City Council reserves
the right to accept or reject any or all proposals or to waive
formality or technicality in any proposal in the interest of the
City.
r"
10
AGENDA ITEM NO. \ 0
PACE-11L-OF -H:1-
TO ACCOMPANY BID SUBMITTAL
BID SCHEDULE
Contractor is. to submit an annual cost to provide jani torial ~
services, as described in the performance requirements, to the
facilities listed below.
The specifications for, the bid are found on page 29 of this
document.
The successful bidder will be compensated one twelve of the annual
cost on a monthly basis.
3. Senior Center
420 East Lakeshore Drive
6,996
ANNUAL
COST
$10,356.00
$ 3 , 51 6 . 00
"
$8,448.00
$3,312.00
$4,776.00 ~
$8,388.00
ITEM DESCRIPTION
Square Feet
1. City Hall
130 South Main Street
10,000
2. Public Works Yard
521 North Langstaff Street
2,119
4. centennial Station
132 West Graham
1,215
5. Cultural Center
183 North Main Street
4,236
6. Community Center
310 West Graham
6,000
7.
Lake Operations Trailer
500A Lakeshore Drive
567
$732.00
8.
Tiny Tot Facility
400 W. Graham Avenue
4,800
$5,136.00
9.
City Hall Trailer
130 S. Main Street
480
included in City
Hall Price
'lt~:
11
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P-.GENDA ITEM NO.
PACE I 1
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OF~
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I
I
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r-
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Total amount of base bid in words: 'Forty - four thousand six hundred
sixty-four dollars and no cents
Total amount of base bid in numbers: $ 44,664.00
NOTE: All work to be done in accordance with City of Lake
Elsinore Ordinances, and Maintenance Specifications set forth in
this bid package. All work is subject to inspection by the City.
Any Contractor doing work in the City must have a City business
license. The budget for the project is flexible and is dependent
upon the city council approved facility maintenance budget. The
city does not guarantee a specific dollar amount for work within
the scope of this project.
, rip~
f0~ ,,, ,;
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^
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fj;U
{& I.?
12
AGENDI\ ITEM NO.
PAC:; ,~
\0
OF~
. _._.......l
Reference Check
for
Merchant Building Maintenance Company
....."
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AGENDA ITEM NO._\ 0
PACE_____13__ OF~
I""'"
Contractors Reference Check
Contractor
Merchants Building Maintenance
Project
Janitorial Services
Reference
City of Ontario
Name of Reference Contact Interviewed Pat Malloy
Phone Number of Reference Interviewed 909-395-2612
Date of Interview
1/17/06
Reference Interview Question and Answers:
How long have you been using the company?
4 years
What services are provided?
Janitorial, pressure washing, windows, waxing and buffing floors.
I""'"
On a scale of 1 to 10 how would you rate the quality of service with 10 being excellent?
8
On a scale of 1 to 10 how would you rate their customer service with 10 being excellent?
7.5
On a scale of 1 to 10 how would you rate the overall satisfaction with the company?
8
Any comments regarding this company that you would like to share.
If there is no one following up and watching over the work performed, it could get out of
hand; otherwise if someone is inspecting and watching they will be on top of it.
I""'"
\u
ACENt:h\ ITEM NO._
P/,C:: ,L\- _ OF ~
-- -.
Contractors Reference Check
Contractor
Merchants Building Maintenance
Project
Janitorial Services
Reference
City of Laguna Beach
Name of Reference Contact Interviewed Vie Hillstead
Phone Number of Reference Interviewed 949-497-0735
Date ofInterview 1/
Reference Interview Question and Answers:
How long have you been using the company?
Since 1987
What services are provided?
Janitorial for City Hall, Police Department, Parks, and Community Center, Veteran's
Facility, Transit trailers.
On a scale of 1 to 10 how would you rate the quality of service with 10 being excellent?
8
On a scale of 1 to 10 how would you rate their customer service with 10 being excellent?
9
On a scale of 1 to 10 how would you rate the overall satisfaction with the company?
8
Any comments regarding this company that you would like to share.
Make sure to keep tight specifications. Carpet cleaning etc if you want it done, make sure
it's in there otherwise it's additional fee and negotiate.
a,
AGENDA ITEM NO.
Pf>'~':" \~
r'..',j~
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......,;
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\0
OF .it.l-
~.
Contractors Reference Check
Merchants Building Maintenance
Contractor
Project
Janitorial Services
Reference
Triple Net Properties
Name of Reference Contact Interviewed Javier Palomar
Phone Number of Reference Interviewed 562-777-0878
Date of Interview
1/31/06
Reference Interview Question and Answers:
How long have you been using the company?
Three Years
What services are provided?
Janitorial and landscape services
r-- On a scale of 1 to 10 how would you rate the quality of service with 10 being excellent?
9
On a scale of 1 to 10 how would you rate their customer service with 10 being excellent?
10
On a scale of 1 to 10 how would you rate the overall satisfaction with the company?
9
Any comments regarding this company that you would like to share.
They do a great job and are very responsive.
~
, r---'.,
AGENDA ITEM NO. \ CJ
PACS-lk-OF-1+-
""'"
Specifications For
Janitorial Maintenance Work
2005/2006
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
(951) 674-3124
"'-'"
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ACENDA ITEM NO. \ 0
PAOE1l--0F~1
Important
r" Attached are the specifications for facility maintenance work for
the City of Lake Elsinore. A1l contractors who wish to submit a
bid must attend a facility tour that will begin at The Lake
Elsinore City Hall (130 South Main Street) on December 16, 2005.
All bidders are to meet at City Hall at 8AM. The purpose of the
tour is to visit each site that will be maintained under the
contract agreement and to answer any questions regarding the
performance requirements. Sealed bids will be opened on December
20,2005 at 2PM at City Hall located at 130 South Main Street. Any
questions call Bill Payne at 951-840-8786.
c~
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AGENDA ITEM NO._ i 0
PAc::-11 OF ~
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS..
INSTRUCTIONS TO BIDDERS.
PROPOSAL. .... .... ....
SIGNATURE PAGE... ....
NON-COLLUSION AFFIDAVIT ....
List of References
Agreement
CONTRACTOR'S CERTIFICATE - Workman's Compensation
SPECIFICATIONS - Performance Requirements ... ....
4 """""
5
10
13
15
16
17
28
29
31
LIST OF LOCATIONS TO BE MAINTAINED UNDER THIS CONTRACT
3
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AGENDA ITEM NO. \ 0
PAC;;~OF~~
NOTICE INVITING BIDS
~ PUBLIC NOTICE IS HEREBY GIVEN that sealed bids will be received by
the City of Lake Elsinore for the Maintenance of certain buildings
in the City of Lake Elsinore, California referred to as:
Janitoria1 Maintenance Work
The work to be
equipment, tools,
Specifications and
project.
done consists of furnishing all materials,
labor and incidentals as required by the
Contract Documents for the above stated
The intention of these specifications and instructions is to set
forth the requirements for a contractor to provide j ani torial
maintenance services to the City. The services provided by the
Contractor shall include all supplies, manpower, transportation,
and equipment required to complete all work required by the City.
All services will be performed to the satisfaction of the City.
Bids will be publicly opened, examined and declared in the City
Hall ~onference Room, 130 South Main Street, Lake Elsinore,
California at the hour of 2:00 PM on Tuesday, December 20, 2005.
Each bid shall be made on the proposal form furnished in the
Specifications and enclosed in an envelope supplied by the bidder,
bearing the title of the work and the name and address of the
,-.. bidder. It is the sole responsibility of the bidder to ensure
that his bid is received in proper time in the City Clerk's office
at the address and time set forth. Any bid received after the
scheduled closing time for receipt of bids shall be returned to
the bidder unopened.
Each bidder must be qualified to perform the work described in the
Specifications and Contract documents. Specifications and all
Contract documents may be obtained at the Lake Elsinore City Hall.
All bids must be made in accordance with and as directed in the
Specifications, and all bidders shall comply with State, Federal
and local laws applicable thereto.
The City Council reserves the right to reject any or all bids, to
waive any irregularities in a bid and to award the Contract as may
best serve the interests of the City. All proposals are binding
for a period of (30) days after they are opened and may be
retained by the City for examination and comparison.
For technical information relating to the details of the proposed
services contract and/or bidding requirements, please contact Bill
Payne in the Public Works Department of the City of Lake Elsinore
at 951-840-8786.
~
Date
City Clerk
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AGENDA ITEM NO.
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INSTRUCTIONS TO BIDDERS
BIDDERS KNOWLEDGE
Bidders must satisfy themselves by personal examination of the "'"
work site, the Specifications, and other Contract documents, and
by any other means as they may believe necessary, as to the actual
physical conditions, requirements and difficulties under which the
work must be performed. No bidder shall, at any time after
submission of a proposal, make any claim or assertion that there
was any misunderstanding or lack of information regarding the
nature or amount of work necessary for the satisfactory completion
of the job. Any errors, omissions, or discrepancies found in the
Plans, Specifications, or other Contract documents shall be called
to the attention of Bill Payne of the Public Works Department and
clarified prior to the submission of proposals.
If any person contemplating submitting a bid for the proposed
Contract is in doubt as to the true meaning of any part of the
Specifications, or other Contract documents, he may submit to Bill
Payne of the Public Works Department a written request for the
interpretation thereof, and the person submitting the request will
be responsible for its prompt delivery. Any interpretation of the
Contract documents will be made only by addendum duly issued and a
copy of such addendum will be mailed or delivered to each person
receiving a set of such documents.
BIDDERS QUALIFICATIONS
Bidders must be capable of performing the work bid upon. They may
be required to supply a detailed statement covering experience on
similar work, list of machinery, and other equipment which will be
used on the proposed work, and such statements of their financial
resources as may be deemed necessary.
"'"
PROPOSAL FORMS
Bids shall be submitted in writing on the proposal forms provided
by the City. All information requested therein must be clearly
and legibly set forth in the manner and form indicated. The City
will not consider any proposal not meeting these requirements.
When unit prices are indicated on the proposal form, the bidder
shall indicate the unit price at which he or she proposes to
perform each item of work, written legibly to ensure
consideration. The unit price shall be stated in figures. For
items where unit prices are required, the extended amount of each
i tern shall be computed from the unity price bid on the proposal
and quantity given in the estimate. In case of errors in
computing the extended amount, the unit price will be assumed
correct. Failure by the bidder to list unit prices shall be
justification for rejection of the bid. Where lump sum is
indicated on the proposal, the bidder shall indicate, under the
column of extended amount, the lump sum price at which he proposes
to perform the work described for that item.
5
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AGENDA ITEM NO.J 0
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SUBMISSION OF BIDS
The envelope enclosing the proposal shall be sealed and addressed
~ to the City Clerk, City of Lake Elsinore, 130 South Main Street,
Lake Elsinore, California 92530. The envelope shall be plainly
marked in the upper left-hand corner with the name and address of
the bidder and bear the words, "PROPOSAL FOR", followed by the
name of the proj ect being bid and the date and hour of bid
opening. The certified check, cashier's check or bid bond shall
be enclosed in the same envelope with the proposal.
Proposals may be mailed or delivered
the bidder's responsibility alone
proposal to the City's designated
stipulated for bid opening in the
proposals will not be considered.
by messenger; however, it is
to ensure delivery of the
official prior to the time
Notice Inviting Bids. Late
IRREGULAR PROPOSALS
Unauthorized conditions, limitations or provisions attached to a
proposal will render it irregular and may be cause for its
rejection. The completed proposal form shall be without
interlineations, alterations, or erasures.
Alternate proposals will. not be considered unless specifically
requested. No oral, telegraphic, or telephonic proposal,
modifications or withdrawals will be considered.
./"""
Proposals may be rejected by the City for the following reasons:
(a) If the proposal form furnished is not used or is altered.
(b) If there are unauthorized additions, conditional or alternate
bids or irregularities of any kind.
(c) If the bidder adds any provisions reserving the right to
accept or reject an award, or reserving the right to execute
or not execute a contract pursuant to an award.
(d) If the proposal is not properly signed by the bidder, whose
address, telephone number.
TAXES
No mention shall be made in the proposal of sales tax, use tax, or
any other tax as all amounts bid will be deemed and held to
include any such taxes, which may be applicable.
LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made and executed in
accordance with State and Federal laws relating to bids for
contracts of this nature whether the same are expressly referred
to herein or not. Any bidder submitting a proposal shall by such
action thereby agree to each and all of the terms, conditions,
provisions and requirements set forth, contemplated, and referred
to in the Plans, Specifications, and other Contract documents, and
shall agree to full compliance therewith.
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AGENDA ITEM NO.
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CITY BUSINESS LICENSE
The successful bidder and all subcontractors
maintaIn, throughout the term of the Contract,
Lake Elsinore business license.
shall obtain and
a current City of
.....,
WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the
bidder. Such requests shall be delivered to the City's designat~d
official prior to the bid-opening hour stipulated in the Notice
Invi ting Bids. The withdrawal of a proposal will not prej udice
the right of the bidder to submit a new proposal, providing there
is time to do so prior to bid opening. Proposals may not be
withdrawn after bid opening.
DISQUALIFICATION OF BIDDERS
A bidder shall be considered disqualified for any of the following
reasons:
(a) Submitting more than one proposal from the same partnership,
firm, or corporation under the same or different name.
(b) Evidence of collusion among bidders. Bidders participating
in such collusion shall be disqualified as bidders for any
future work of the City until any such participating bidder
has been reinstalled by the City as a qualified bidder.
(c) Proposals in which any of the unit prices and/or lump sum
prices obviously are unbalanced.
A person, firm, or corporation may
more than one -bidder, or may submit
to submitting a proposal as
disqualified.
submit a sub-proposal to
sub~proposals in addition
bidder, without being
'wfJI
RELIEF OF BIDDER
If the bidder claims a mistake was made in his proposal, the
bidder shall give the City written notice within five (5) days
after the date for submittal of proposals of the alleged mistake,
specifying in the notice in detail how the mistake occurred.
Relief will be granted only for clerical errors and at the City's
discretion.
AWARD OF CONTRACT
The Award of Contract, if made, will be to the lowest responsive,
responsible bidder whose proposal complies with the requirements
of the Contract documents. Within thirty (30) days after the bid
submittal date, the City will act either to accept a bid proposal
or to reject all proposals. The acceptance of a bid proposal will
be evidenced by a Notice of Award of Contract in writing,
delivered to the bidder whose proposal is accepted. No other act
of the City shall necessarily constitute acceptance of a bid
proposal. City reserves the right to reject any or all proposals,
to waive any irregularity, and to take the bids under advisement
for a period of 30 days, all as may be required to provide for the
best interests of the City. The Award of a Contract shall
obligate the bidder whose proposal is accepted to furnish
Certificates of Insurance as set forth in the Contract documents.
7
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AGENDA ITEM NO.
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OF -H4--
The bidder may be required to submit, prior to award of the
Contract, a financial statement and list of previous work of a
r'" similar nature. In no event will an award be made until all
necessary investigations are made as to the responsibility and
qualifications of the bidder to whom the award is contemplated.
EXECUTION OF CONTRACT
The bidder to whom award is made shall execute a written Contract
with the City and furnish Certificates of Insurance speci~ied by
the City within ten (10) calendar days after notification of
award, unless an extension of time is granted to the bidder in
writing.
The Contract shall be made in the form adopted by the City, which
includes the provision that no claim or suit whatsoever shall be
made or brought by the Contractor against any officer, agent, or
employee of the City for or on account of anything done or omitted
to be done in connection with this Contract, nor shall any
officer, agent or employee be liable hereunder. A Corporation to
which an award is made shall furnish a certified copy of the by-
laws or resolution of the Board of Directors of the corporation
showing the names of those individuals duly authorized to sign the
Contract and bonds for the Corporation. .
Failure of the bidder to whom the award is made to execute a
Contract and file acceptable insurance certificates, within the
time specified may be just cause for annulment of the award.
r--
No Contract shall be binding upon the City until the same has been
satisfactorily executed by the Contractor and executed by the
City.
INSURANCE REQUIREMENTS
Before commencing any work under the Contract, the successful
bidder must file with the Director of Administrative Services
certificates indicating proof that insurance policies, as required
in the Contract, have been obtained. Such policies include
Worker's Compensation, Automobile Liabili ty, Contractual
Liability, and General Liability. In the event that such policies
should become inoperative at any time before the completion of the
work, all work shall cease immediately until new policies are
obtained, and any time so lost shall not entitle Contractor to any
extension of time.
WORKER'S COMPENSATION CERTIFICATE
A "Contractor's Certificate Regarding Worker's Compensation
Insurance" in accordance with the provisions of Section 1860,
1861, and 3700 of the Labor Code, is included as a part of the
Contract documents. The Contractor shall complete this
certificate before commencing the performance of the work of this
Contract.
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8
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ACENDA ITEM NO. L U
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TERM OF CONTRACT
The services of Contractor are to commence upon execution of the
Contract and shall continue for a period of one year and may be
extended for two consecutive one year extensions upon approval of ~
the City Manager, subject to the review of the City Council.
SCOPE OF WORK
This contract includes the maintenance of city owned office space,
sports gymnasium, kitchen facility, restroom facilities, City
Council Chamber, meeting rooms, and other facilities located in
public buildings within the city limits of Lake Elsinore. A list
of the locations to be maintained under this contract is shown on
page 31. Specifications can be found on page 29.
.....,
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AGENDA ITEM NO.
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TO ACCOMPANY BID SUBMITTAL
Janitorial Maintenance Work
PROPOSAL
Name of Bidder
Address of Bidder
To: City of Lake Elsinore,California
The undersigned bidder, in accordance with the City's Notice
Invi ting Bids, hereby proposes to furnish all materials,
equipment, tools, labor, and incidentals required for the above-
stated project as set forth in the Plans, Specifications, and
Contract documents therefore to perform all work in the manner anq
time prescribed therein. The attached Bid Schedule is hereby made
a part of this proposal.
I"""'
The undersigned bidder declares that this proposal is based upon
careful .examination of the work sites, Plans, Specifications,
Instructions to Bidders, and all other Contract documents. If
this proposal is accepted for award, bidder agrees to enter into a
Contract with the City at the unit and/or lump sum prices set
forth in the following bid schedule. Bidder understands that
failure to enter into a Contract and furnish bonds in the manner
and time prescribed will result in forfeiture to the City of the
guarantee accompanying this proposal.
The undersigned bidder certifies that this proposal is made in
good faith, without collusion or connection with any other person
or persons bidding on the work.
The undersigned bidder understands that the City Council reserves
the right to accept or rej ect any or all proposals or to waive
formality or technicality in any proposal in the interest of the
City.
"".......
10
AGENDA ITEi'.1 NO. , ()
PAOE~OF-4-
7.
8.
9.
TO ACCOMPANY BID SUBMITTAL
BID SCHEDULE
Contractor is to submit an annual cost
services, as described in the performance
facilities listed below.
~
to provide janitorial
requirements, to the
The specifications for the bid are found on page 29 of this
document.
The successful bidder will be compensated one twelve of the annual
cost on a monthly basis.
ITEM
ANNUAL
COST
DESCRIPTION
Square Feet
1.
City Hall
130 South Main Street
10,000
2.
Public Works Yard
521 North Langstaff Street
2,119
3.
Senior Center
420 East Lakeshore Drive
6,996
4.
Centennial Station
132 West Graham
1,215
'-'"
5.
Cultural Center
183 North Main Street
4,236
6.
Community Center
310 West Graham
6,000
Lake Operations Trailer
500A Lakeshore Drive
567
Tiny Tot Facility
400 W. Graham Avenue
4,800
City Hall Trailer
130 S. Main Street
480
11
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AGENDA ITEM No._l 0
PACE~m:~
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TO ACCOMPANY BID SUBMITTAL
Total amount of base bid in words:
Total amount of base bid in numbers: $
NOTE: All work to be done in accordance with City of Lake
Elsinore Ordinances, and Maintenance Specifications set forth in
this bid package. All work is subject to inspection by the City.
Any Contractor doing work in the City must have a City business
license. The budget for the project is flexible and is dependent
upon the city council approved facility maintenance budget. The
city does not guarantee a specific dollar amount for work within
the scope of this project.
12
ACENDA ITEM NO.
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OF~
TO ACCOMPANY BID SUBMITTAL
SIGNATURE PAGE
~
IF A SOLE OWNER OR SOLE CONTRACTOR, SIGN HERE:
1. Name under which business is conducted
2. Signature (Given and surname) of proprietor
3. Place of Business
(Street and Number)
Zip Code
City and State
4. Telephone Number
IF A PARTNERSHIP, SIGN HERE:
1. Name under which business is conducted
2. Name of each member of Partnership (indicate character of each
partner, either general or special [limited])
~
3. Signature (Given and surname and character of partner. Note:
Signature must be made by a general partner)
4. Place of Business
(Street and Number)
Zip Code
City and State
5. Telephone Number
IF A CORPORATION, SIGN HERE:
1. Name under which business is conducted
2. Name of each officer of corporation (indicate office)
13
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ACENDA ITEM NO._\ 0
PAC::~OF~
3. Signature (Given and surname and title of officer authorized
r' to
.sign for the Corporation)
(Impress Corporate Seal here)
4. Incorporated under the laws of the State of
5. Place of Business
(Street and Number)
Zip Code
City and State
6. Telephone Number
,.........
/""""
14
AGENDA.'.T.EMNOo- In '/1
PACE ?,() 0 F
TO ACCOMPANY BID SUBMITTAL
CITY OF LAKE ELSINORE, CA
NON-COLLUSION DECLARATION
....,
I,
(Name)
, do hereby declare that I am
the
of
(Title)
(Contractor)
the party making the foregoing bid for maintenance work refereed
to as:
Facility MAINTENANCE WORK
and that the bid is not made in the interest of, or on behalf of,
and undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired,
conni ved, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the
bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element 6f the bid price, or of that of any other
bidder, or to secure any advantage against the public body
awarding the Contract of anyone interested in the proposed
Contract; that all statements contained in the bid are true; and,
further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham
bid.
....,
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE
STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
DATE
PLACE
SIGNATURE
NAME
15
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ACENDA ITEM NO. \ 0 ~
PACE-3L-OFJ+-
r--
r--
1""""'.
TO ACCOMPANY BID SUBMITTAL
LIST OF REFERENCES
FACILITY MAINTENANCE WORK
The following are the names, addresses, and telephone numbers for
three (3) public agencies for which BIDDER has performed similar
work within the past two (2) years:
1.
Name and Address of Owner
Name and Telephone Number of Person Familiar with project
Contract Amount
Type of Work
Date Completed
2.
Name and Address of Owner
Name and Telephone Number of Person Familiar with Project
Contract Amount
Type of Work
Date Completed
3.
Name and Address of Owner
Name and Telephone Number of Person Familiar with Project
Contract Amount
Type of Work
Date Completed
16
AGENDA ITEM NO.
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SERVICE AGREEMENT
The following pages are a draft of the service contract that will be required to be signed by the """'"
successful contractor prior to any work being done.
SERVICES CONTRACT
This Services Contract (the "Contract") is made and entered into as of the _ day of
, 200_, by and between the City of Lake Elsinore, a municipal corporation
("City") and ("Contractor").
RECITALS
A. Contractor is specially trained, experienced and competent to perform the special services
which will be required by this Contract.
B. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Contract on the terms and conditions
described herein.
C. City desires to retain Contractor to render the services and related work as set forth in this
Contract.
AGREEMENT
"""'"
1. Scope of Services.
a. Contractor shall perform the services described on Exhibit A which is attached
hereto and incorporated herein by reference. Contractor shall provide said services at the time,
place, and in the manner specified in Exhibit A, subject to the direction of the City through its
staff that it may provide from time to time and in such manner as to minimize inconvenience and
potential hazards to the City and the public.
b. Contractor shall furnish all necessary tools, equipment and vehicles at
Contractor's sole expense.
c. Contractor shall provide the City with at least two (2) contact telephone numbers
that can be called by City when emergency maintenance conditions occur. Contractor shall
provide a maximum of one-hour personnel response time upon notification.
d. Contractor shall require each of its employees and subcontractors to adhere to
basic Parks and Open Space standards of working attire which shall include basic uniforms,
proper shoes and other equipment and gear as is required by State of California workplace safety
regulations. Shirts shall be worn at all times, buttoned and tucked in.
17
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AGENDA ITEM NO.
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e. Contractor shall display the organization or firm name on all of its vehicles. Such
display shall be legible from a distance to one-hundred (100) feet. In addition, Contractor shall,
at its sole cost and expense, display directly below the organization or firm name, a magnetic
sticker with the following message: "Under contract with the.City of Lake Elsinore," a sample of
which shall be provided by City.
2. Time of Performance. The services of Contractor are to commence upon execution of
this Contract and shall continue for a period of one year and may be extended for two
consecutive one-year extensions upon the approval of the City Manager, subject to the review of
the City Council.
3. Compensation. Compensation to be paid to Contractor shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. Payment by City under this Contract shall not be deemed a waiver of defects, even if
such defects were known to the City at the time of payment.
4. Method of Payment. Contractor shall submit monthly billings to City describing the
work performed during the preceding month. Contractor's bills shall include a brief description
of the servict?s performed, the date the services were performed, the number of hours spent and
by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later
than 30 days after approval of the monthly invoice by City staff.
I"'"'
5. Extra Work. At any time during the term of this Contract, City requests that Contractor
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City
to be necessary but which the parties did not reasonably anticipate would be necessary at the
execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work
without written authorization from the City Manager or hislher designee unless such work is
verbally requested in conjunction with an emergency maintenance request. Extra work will be
invoiced separately from services performed in accordance with the Scope of Services.
6. Termination. This Contract may be terminated by the City or Contractor for cause upon
thirty (15) days' written notice of termination. This contract may be terminated by the City
without cause upon sixty (60) days written notice of termination. Upon termination, Contractor
shall be entitled to compensation for services performed up to the effective date of termination.
7. Reserved.
8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Contractor to
this Contract.
"..-
18
AGENDA ITEM NO. \ 0
PAOEM-OF--H:1-
b. Contractor shall maintain all documents and records which demonstrate
performance under this Contract for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Contract.
....,
c. Any records or documents required to be maintained pursuant to this Contract
shall be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Manager, City Attorney, City Auditor or a designated representative
of these officers. Copies of such documents shall be provided to the City for inspection at City
Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the
records shall be available at Contractor's address indicated for receipt of notices in this Contract.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Contractor's business, City may, by
written request by any of the above-named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such
records and documents shall be granted to any party authorized by Contractor, Contractor's
representatives, or Contractor's successor-in-interest.
9. Independent Contractor. It is understood that Contractor, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and shall not
act as an agent or employee of the City. Contractor shall obtain no rights to retirement benefits
or other benefits which accrue to City's employees, ,and Contractor hereby expressly waives any
claim it may have to any such rights.
10. Interests of Contractor. Contractor (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Contract
or any other source of income, interest in real property or investment which would be affected in
any manner or degree by the performance of Contractor's services hereunder. Contractor further
covenants and represents that in the performance of its duties hereunder no person having any
such interest shall perform any services under this Contract.
......"
11. Ability of Contractor. City has relied upon the experience and training of Contractor to
perform the services hereunder as a material inducement to enter into this Contract. Contractor
shall therefore provide properly skilled personnel to perform all services under this Contract. All
work performed by Contractor under this Contract shall be in accordance with applicable legal
requirements and shall meet the standard of quality ordinarily to be expected of competent
contractor in Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and
expense, keep in effect or obtain at all times during the term of this Contract, any licenses,
19
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permits, insurance and approvals which are legally required of Contractor, including but not
limited to, a City business license.
/""'"
14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and
agents free and harmless from any liability whatsoever, including wrongful death, based or
asserted upon act or omission of the Contractor, its employees, subcontractors, and agents
relating to or in anyway connected with the accomplishment of the work or performance of
service under this Agreement. As part of the foregoing indemnity, the Contractor agrees to
protect and defend at Contractor's own expense, including attorney fees, the City, its offices,
agents, and employees in any legal action based upon any such alleged acts or omission
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance
with the laws of the State of California. I~ addition, Contractor shall require each subcontractor
to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California for all of the subcontractor's employees. Any
notice of cancellation or non-renewal of all Workers' Compensation policies must be received by
the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses arising from
work performed by Contractor for City.
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ii. General Liability Coverage. Contractor shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If a commercial general liability insurance
form or other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Contract or the general aggregate limit
shall be at least twice the required occurrence limit.
Ill. Automobile Liability Coverage. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with the work to be performed under this Contract, including
coverage for owned, hired and non-owned vehicles, in an amount of not less than one million
dollars ($1,000,000) combined single limit for each occurrence.
iv. Contractual Liability Coverage. Contractor shall maintain contractual
liability insurance for protection against claims alleging negligent acts, errors or omissions which
may arise from Contractor's operations under this Contract, whether such operations by the
Contractor or by its employees or subcontractors. The amount of this insurance shall not be less
than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined
single limit per occurrence basis.
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ACENDA ITEM NO. \ 0
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b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Bestas rating of no less than A:VIl and shall be endorsed with
the following specific language:
'-'
i The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability arising out of work
performed by or on behalf of the Contractor, including materials, parts or equipment furnished in
connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any insurance
maintained by the City, including any self-insured retention the City may have, shall be
considered excess insurance only and shall not contribute with it.
111. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability of the
msunng company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials, employees,
agents, or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been
received by the City.
'-till
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein, unless such
insurance, endorsements and/or certificates are otherwise waived by the Director of
Administrative Services. Certificates of such insurance shall be filed with the City on or before
commencement of performance of this Contract. Current certification of insurance shall be kept
on file with the City at all times during the term of this Contract.
16. Notices. Any notice required to be given under this Contract shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to
the other party at the address set forth below. Notice shall be deemed communicated within 48
hours from the time of mailing if mailed as provided in this section.
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ACENDA ITEM NO. \ 0
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If to City:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
/"'"
If to Contractor:
Atln:
17. Entire Contract. This Contract constitutes the complete and exclusive statement of
Contract between the City and Contractor. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Contract.
18. Amendments. This Contract may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City Attorney.
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19. Assignment and Subcontracting. The parties recognize that a substantial inducement to
City for entering into this Contract is the reputation, experience and c.ompetence of Contractor
and the subcontractors listed in Exhibit D. Contractor shall be fully responsible to City for all
acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations Of
the Contractor under this Contract will be permitted only with the express consent of the City.
Contractor shall not subcontract any portion of the work to be performed under this Contract
except as provided in Exhibit D without the written authorization ofthe.City. If City consents to
such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Contract shall create any contractual relationship between City
and any subcontractor nor shall it create any obligation on the part of the City to payor to see to
the payment of any monies due to any such subcontractor other than as otherwise is required by
law.
20. Waiver. Waiver of a breach or default under this Contract shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this Contract.
21. Severability. If any term or portion of this Contract is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Contract shall continue in full force and effect.
22. Controlling Law Venue. This Contract and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Contract shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Contract commences any
legal action against the other party arising out of this Contract, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
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24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising
out of this Contract through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. It the parties are unable to
agree upon a mediator, the dispute shall be submitted to JAMSIENDISPUTE ("JAMS") or its
successor in interest. JAMS shall provide the parties with the names of five qualified mediators.
Each party shall have the option to strike two of the five mediators selected by JAMS and
thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after
mediation, either party may commence litigation.
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25. Execution. This Contract may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least
one copy hereof shall have been signed by both parties hereto. In approving this Contract, it shall
not be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Contract. Contractor has all requisite power and authority to conduct
its business and to execute, deliver, and perform the Contract. Each party warrants that the
individuals who have signed this Contract have the legal power, right, and authority to make this
Contract and to bind each respective party.
27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor,
to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it
agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation
of this warranty, City shall have the right to rescind this Contract without liability. For the term
of this Contract, no member, officer or employee of City, during the term of his or her service
with City, shall have any shall have any financial or other person interest, direct or indirect, in
this Contract, or obtain any present or anticipated benefit arising therefrom.
'-'"
28. Equal. Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
IN WITNESS WHEREOF the parties have caused this Contract to be executed on the
date first written above.
CITY OF LAKE ELSINORE:
CONTRACTOR:
By:
Its:
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ACENDi\ ITEM NO. \ ()
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ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers' Compensation
Insurance
Exhibit D - List of Subcontractors
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AGENDA ITEM NO.
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EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Contract is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California
Executed on this
California.
day of
,200_ at
Contractor
AGENDA ITEM NO. \ 0
PACE if), OF q1
EXHIBIT "D"
LIST OF SUBCONTRACTORS
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AGENDA ITEM NO. \0
PACE~OF 4-1
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CITY OF LAKE ELSINORE
CONTRACTOR'S CERTIFICATE REGARDING
WORKER'S COMPENSATION INSURANCE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the State shall secure the payment of
compensation in one or more of the following ways:
A) By being insured against liability to pay compensation
with one or more insurers duly authorized to write
compensation insurance in this state.
B) By securing from the Director of Industrial Relations a
certificate of consent to self-insure, which may be
gi ven upon furnishing proof satisfactory to the
Director of Industrial Relations of ability to self-
insure and to pay any compensation that may become due
to his employees..."
,,-.
The undersigned is aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against
liability for worker's compensation or to undertake self-insurance
in accordance with the provisions of that code, and will comply
with such provisions before commencing the performance of the work
of this Contract.
SIGNATURE
DATE
PRINTED NAME
TITLE
COMPANY
ADDRESS
(In accordance with Article 5, commencing at Section 1860, Chapter
1, Part 7, Division 2 of the Labor Code, the above Certificate
must be signed by the Contractor and filed with the awarding body
prior to the Contractor performing any work under this contract.)
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ACENDA ITEM NO. \ 0
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SPECIFICATIONS
The following specifications describe the work that will be ~
required by the contractor for all City facilities. The pre-bid
walk through of the facilities will explain these specifications
and give all bidders a chance to ask any questions that, they may
have regarding our performance standards.
SPECIFICATIONS FOR LAKE ELSINORE FACILITIES
All Locations:
Daily Service (Performed Sunday through Thursday during non business hours):
Vacuum all carpeted areas
Thoroughly vacuum upholstered furniture
Sweep and damp mop all hard surface floors
Spot clean all carpets
Clean and sanitize all bathrooms
Restock all paper products, soap and deodorant
Empty and replace liners' in all trash containers
Carry trash and recyclables to pick up area, load and start dishwasher located in City Hall
Break Room
Spot clean doors, door frames, and counters
Clean Door Glass
Dust all picture frames and clean glass
Dust window blinds
Spot clean around wall switches
Clean and polish drinking fountains
Dust desk tops, chairs, and all other office furniture
Dust desk accessories
Clean glass desk tops
Dust all file cabinets, counters, etc.
Properly position furniture in offices
Maintain Janitorial Closet
Check and lock all doors and windows upon completion of work
Set building alarm at building with burglar alarms
.......,
Monthly Service:
Machine scrub and reapply finish to all hard surface floors
Clean all windows inside only
Clean vents in ceiling
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Supplies
Contractor shall provide all cleaning supplies. Items listed below are eligible for reimbursement from
the City. Supplies approved for reimbursement will be compensated at cost, unless both parties agree to
a stocking fee. An itemized invoice showing quantities and unit costs of supplies purchased for city use
shall be submitted to the city for reimbursement of supply costs.
Supplies eligible for reimbursement are limited to the following items:
Toilet tissue
Multifold hand towels
Roll hand towels
Trash liners
Toilet seat covers
Hand soap
Specialty items requested by the city that have been agreed to as reimbursable
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AGENDA ITEM NO. \ 0
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LIST OF LOCATIONS TO BE MAINTAINED UNDER THIS CONTRACT
City Hall
130 South Main Street
10,000 Square Feet
Public Works Yard
521 North Langstaff Street
2,119 Square Feet
Senior Center
East Lakeshore Drive
6,996 Square Feet
Centennial Station
132 West Graham Avenue
1,215 Square Feet
Cultural Center
183 North Main Street
4,236 Square Feet
Community Center
310 West Graham
6,000 Square Feet
Lake Operations Trailer
500A Lakeshore Drive
567 Square Feet
Tiny Tot Facility
400 W. Graham Avenue
4,800 Square Feet
City Hall Trailer
130 S. Main Street
480 Square Feet
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AGENDA ITEM NO.
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CITY OF LAKE ELSINORE
....."
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MARCH 14,2006
SUBJECT: FORECLOSURE LEGAL SERVICE AGREEMENT
BACKGROUND
The City has contracted with the Law Offices of Robert A. Owen for many years on
an as needed basis for foreclosure services. The existing contract is dated April 26,
1994 and was authorized by the City Council through Resolution No. 94-23. The
services were performed by Carol Fogleman. Mrs. Foglemen has recently left the
firm and joined the Law Offices of Raul B. Garcia based in Redlands, California and
the Law Offices of Robert A. Owen will no longer perform forclosure legal services.
....."
DISCUSSION
The attached Legal Services Agreement with the new attorney firm and can be
terminated at any time after 30 days written notice. The agreement has been
reviewed by the City Attorney's office and mainly addresses fees for services.
A sample of the letter the law office will send to property owners who have not paid
their 2004-05 tax bill is attached for your review. The letter is very well written to
give the property owner a complete and clear understanding of purpose of the letter.
The City already sent 156 delinquency letters to each property owner at the
beginning of September 2005. Of those 156 property owners, 59 are still delinquent
as of the middle of January 2006.
....."
AGENDA ITEM NO. \ \
PAGE-L-OF ---u.-
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MARCH 28, 2006
PAGE 2
FISCAL IMPACT
The total annual cost of the services will be charged directly to the districts and will
vary based on the hours of services needed. The hourly rates are listed in the rate
schedule attached to the agreement.
RECOMMENDATION
It is recommended that the City Council authorize the City Manger to execute the
Legal Services Agreement with the Law Offices of Raul B. Garcia.
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PREPARED BY: ~~
MATT N. PRESSEY
DIRECTOR OF ADMINISTRATIVE SERVICES
APPROVED FOR
AGENDA BY:
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AGENDA ITEM NO.~ \
PAGE ~ OF II
-
..",,;
[Date]
[Name]
[Address]
[City], [State] [Zip Code]
Via Certified Mail
Return Receipt Reauested
Re: City of Lake Elsinore
Community Facilities District No. 98-1; Assessment Districts 89-1 & 90-1A
Pre-Foreclosure Notification of Delinquent Special Taxes & Assessments
APN:
Tax Years:
Dear [Name]:
We have been retained by the City of Lake Elsinore to provide you with pertinent
information regarding the delinquent special taxes and assessments on the above-referenced
property. Please realize that this final notification is being sent as a courtesy, before Judicial
Foreclosure proceedings begin, and before the total redemption amount increases substantially. ......,
The purpose of this letter is to eradicate any misconceptions you may have with regard to the
legal obligations of the City and to further explain the judicial proceedings available to the City
to enforce the payment of these delinquent taxes.
First of all, your name is listed on the tax assessment roll for Riverside County as the
current owner of the above-referenced real property. This particular property is located within
Community Facilities District No. 98-1, formed pursuant to the Mello-Roos Community
Facilities Act of 1982, and Assessment Districts 89-1 & 90-1A, formed pursuant to the
Municipal Improvement Act of 1913. Subsequent to the formation of these districts, certain
improvements were constructed for the benefit of all property in each district, including your real
property. These improvements were financed through the issuance of special tax bonds and
special assessment bonds, the payment of which was in turn secured by liens against all real
property within the districts. For convenience, the total special taxes and assessments levied
against your property are collected yearly on the County's property tax bill. However, once this
101 E. Redlands Blvd. Suite 297, Redlands, CA 92373, Office (909) 747-0380, Fax (909) 747-0383
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AGENDA ITEM NO.--1L-
PACE 7, OF....lL-
[Name]
[Date]
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tax bill becomes delinquent and the City begins foreclosure, the County Tax Collector
loses the authority to collect these delinquent special taxes and assessments. Instead, the City of
Lake Elsinore becomes obligated to institute a legal, judicial foreclosure action against your
property.
As a property owner you have certain rights with respect to the payment of your ad
valorem property taxes, including the right to enter into a payment plan with the County for all
delinquent taxes up to five years. However, special taxes and assessments are not subject to the
same rights. Therefore, as a delinquent property owner. please realize that you do not have the
luxury of waiting five years before entering into a payment plan to redeem your property. Rather,
because these special taxes and assessments are levied on a pro rata basis, and because each
special tax and assessment installment is needed to make the debt service payment on a particular
series of bonds, the City is legally and contractually bound and obligated to institute collection
actions on these delinquent special taxes and assessments following the non-payment of any tax
installment. .
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At this time, the delinquent special taxes and assessments for your property for the above-
referenced tax years have yet to be removed from the County tax roll. All previous attempts to
collect the property taxes have failed, leaving the City with no choice but to proceed with
removing the delinquent special tax and assessment installments from the tax roll and instituting
foreclosure. Once the foreclosure process begins, you will be responsible for all delinquent
taxes, as well as all penalties, interest, administrative costs, and attorneys fees and costs
necessarily incurred in pursuing foreclosure of your property. By law, you will be required to
pay all of these legal and administrative fees and costs incurred by the City in pursuing the
foreclosure action. Frequently, such amounts might far exceed the tax itself, even in uncontested
cases.
To further clarify the distinction between special taxes and assessments and ad valorem
property taxes, a few ofthe most frequently asked questions have been answered below for your
information.
What are community facilities districts and assessment districts?
Generally speaking, a city or other public agency issues bonds to the public in exchange
for money. That money is used to build public improvements which benefit property such as
yours. Annual special taxes and assessments are collected from all properties located within the
community facilities district and assessment districts in order to repay the bondholders. When
the bonds are issued, the public agency typically executes a covenant which compels it to
".-
101 E. Redlands Blvd. Suite 297, Redlands, CA 92373, Office (909) 747-0380, Fax (909) 747-0383
AGENDA ITEM NO._\ \
PAGE If OF--1L-
[Name]
[Date]
Page 3
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institute foreclosure actions upon nonpayment of the special taxes and assessments, so that the
bondholders can be assured of timely repayment of the bond debt.
What improvements were financed?
Under the Mello-Roos Community Facilities Act of 1982, the Municipal Improvement
Act of 1913, and the Improvement Bond Act of 1915, public agencies can finance a vast array of
public improvements, including but not limited to, streets, sewer improvements, water
improvements, and other infrastructure improvements. The exact improvements financed by
different districts vary from case to case.
How lonl! must these payments be made?
Typically, a community facilities district includes a debt service schedule of 20-30 years,
and assessment installments vary from district to district. However, depending upon the
circumstances, this period may be shorter or longer.
What notice did I have?
.....,
Upon the formation of the Community Facilities District, a "Notice of Special Tax Lien"
was recorded against your property, and upon the formation of each assessment district, a
"Notice of Assessment" was recorded against your property. These recorded documents provide
you and all subsequent purchasers with notification that special taxes and assessments will be
levied against your property for the applicable debt service. In addition, prior to removing the
delinquent special taxes and assessments from the County Tax Roll in order to begin the
foreclosure process, the City will record a "Notice of Intent to Remove Delinquent Special Taxes
and Assessments" in order to provide additional notice to you and all the world that these
delinquent special tax and assessment installments can no longer be paid to the County Tax
Collector.
What happens if I fail to pay?
Your failure to pay any installment of these special taxes and assessments. or to
immediately make arrangements for such payment. will result in the commencement of litigation
to foreclose upon your property. Shortly, a complaint will be filed in the Riverside County
Superior Court, a Notice of Pendency of Action will be recorded against your property, and the
101 E. Redlands Blvd. Suite 297, Redlands, CA 92373, Office (909) 747-0380, Fax (909) 747-0383
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AGENDA ITEM NO.
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[Name]
[Date]
Page 4
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City of Lake Elsinore will proceed to obtain a Judgment in Judicial Foreclosure and Order of
Sale for the public sale of your property.
What if I want to pay. but do not have the funds rieht now?
If you desire to pay, but you do not have the immediate ability to make complete
payment, then a reasonable payment plan can usually be established. Please realize that the City
of Lake Elsinore's willingness to enter into a payment plan will vary according to (1) the length
of time for which the special taxes and assessments have been delinquent; (2) the total amount
due under the payment plan; and (3) your financial ability to make the payments. Also,
depending upon the specific circumstances, the City of Lake Elsinore may require that the
complaint be filed and the Notice of Pendency of Action be recorded, in order that any payment
plan agreement be subject to the Court's jurisdiction. Even so, however, any fees associated with
a payment plan are going to be substantially less than the legal and administrative fees of a
foreclosure action, for which your property will be responsible if you further ignore this matter.
/"""
What charees am I responsible for?
Under California statutes, the owner of the property subject to delinquent special taxes
and assessments is responsible for paying all of the following: (1) delinquent principal, (2) 10%
penalty, (3) interest at the rate of 1.5% per month, (4) costs incurred in the action, including
administrative costs of the County in removing the delinquent special taxes and assessments
from the tax roll, (5) costs of the applicable litigation guarantee and/or title search, (6) costs of
service of process and (7) any and all attorney fees incurred in pursuing the foreclosure action.
Therefore, the sooner you resolve this matter, the less it will cost, even if you can not pay the
entire amount due now.
What happens if a court action is filed?
Once a Judicial Foreclosure action has been filed, your substantive rights within such
litigation matter are typically very limited. Because California law requires taxpayers to pay their
taxes before filing any protest or refund action, the judge ordinarily has no jurisdiction to hear
any defense you may have to the payment of these taxes. Rather, you must prove to the court
prior to receiving any adjudication of your defenses, that you have paid these delinquent taxes
and have attempted to obtain a refund from the City of Lake Elsinore for their wrongful
collection. However, because these special taxes and assessments were duly levied according to
/"""
101 E. Redlands Blvd. Suite 297, Redlands, CA 92373, Office (909) 747-0380, Fax (909) 747-0383
AGENDA ITEM NO.~ \
PAGE to OF-LL-
[Name]
[Date]
Page 5
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the Government Code, there is really no basis upon which to fight the City of Lake Elsinore for
their collection. Thus, it is in your best interest to work out some sort of payment arrangement in
order to retain complete ownership of your real property.
What should I do?
In order to pay all delinquent amounts or otherwise arrange a payment plan for these
taxes, please immediately contact this office. However, if you have any questions relating to the
legal ability of the public agency to impose the special taxes and assessments, or your rights and
obligations under the law, we strongly advise you to consult an attorney of your choosing.
If you feel that the above-referenced tax delinquencies are not valid, you may dispute this
debt in writing to the City of Lake Elsinore within the next 30 days. Upon such written
notification, they will be more than happy to provide the necessary documentation to you to
substantiate these delinquencies. However, assuming that these delinquencies are valid, YOU .
must pay the delinquent vroperty taxes at the County and forward a COPy of your receipt to this
office within the next 30 days in order to prevent the foreclosure sale of your property.
-....;
In the event that no payment is forthcoming, the City of Lake Elsinore will have no
choice but to diligently prosecute the foreclosure of your property to judgment and sale. Thus, if
you wish to retain ownership of your property, it is necessary for you to contact this office at
(909) 890-9027 immediately to notify us of your intentions.
I trust this final notification is helpful to you in realizing the severity of the situation.
Very truly yours,
LAW OFFICES OF RAUL B. GARCIA
Carol J. Fogleman, Esq.
CJF:dr
cc: Matt Pressey, Director of Administrative Services
101 E. Redlands Blvd. Suite 297, Redlands, CA 92373, Office (909) 747-0380, Fax (909) 747-0383
..""
AGENDA ITEM NO.~ \
PACE 7 OF--LL-
Law Offices of
rPlOmt rPlr fPrueia
,-.
101 E. Redlands Blvd, Suite 297
Redlands, California 92373
Phone: (909) 747-0380
Fax: (909) 747-0383
www.raulbe:arcia.com
E-MAIL: re:arcia@raulbe:arcia.com
March 7, 2006
CONFIDENTIAL ATTORNEY -CLIENT COMMUNICATION
VIA E-MAIL
City of Lake Elsinore
Robert A. Brady
City Manager
130 South Main Street
Lake Elsinore, CA 92530
Re: LEGAL SERVICES AGREEMENT
r-
This legal services agreement (Agreement") is entered effective on the 3rd day of March,
2006, by and between the City of Lake Elsinore, and California municipal corporation ("Client") and
the Law Offices of Raul B. Garcia ("Attorney") pursuant to California Business and Professions
Code section 6148, and is intended to fulfill the requirements of that section.
1. CONDITIONS. This Agreement will supersede the previous agreement dated April 26,
1994, and authorized by the City Council in Resolution No. 94-23. Attorney will have no obligation
to provide legal services until Client returns a duly approved and executed copy of this Agreement to
Attorney.
2. SCOPE OF SERVICES. Client retains Attorney to provide legal services on an as-
needed basis in the area of municipal finance, including but not limited to, the filing and execution of
judicial foreclosure actions, as may be more particularly requested and/or authorized from time to
time by an officer or employee of Client. Attorney will provide those legal services reasonably
required to accomplish Client's stated goals.
3. CLIENT'S DUTIES. Client agrees to make available to Attorney all recorded Notices,
Resolutions and other relevant documents, to cooperate with Attorney inquiries and requests, and to
keep Attorney informed of all developments which might impact Client's financial position. Client
further agrees to process all Attorney invoices in a timely manner to ensure payment thereof within
thirty (30) days of their presentation.
r-
4. LEGAL FEES. Client agrees to pay Attorney on an hourly basis for all time spent by
attorneys or paralegals on Client's behalf. Currently, the hourly rate for Raul B. Garcia is $200, for
Carol Fogleman $175 per hour and for all paralegals is $80 per hour, as further specified in the Rate
\ \
OF-U-
AGENDA ITEM NO.
PAOE ~
Schedule attached hereto and incorporated herein. In the event these rates ever change during the
engagement under this Agreement, Attorney shaIl notify Client of the new Rate Schedule containing
such changes at least thirty (30) days in advance.
5. COSTS AND OTHER CHARGES. In addition to fees, AttorneywiIl bilI, and Client "-"
agrees to pay, for out-of-pocket expenses and other charges, at cost. Any volume discounts earned
by Attorney shaIl be passed on to Client.
Disbursements and other charges will include, without limitation, such items as
photocopying ($0.25 per page); computerized legal research charges (actual charges by vendor in
excess of Attorney's basic monthly service plan); conference caIl charges (AT&T standard rates);
courier and air freight charges (actual cost); messenger charges (at third party vendor rate); travel
expenses (for domestic flights, coach fare only, plus reasonable meal and lodging charges); postage
costs (for large, express or certified mailings only); and other reasonable costs and expenses
incurred. For larger disbursements, Attorney may ask that biIIings be sent directly to Client or that
advances be provided, e.g. Sheriff fees.
6. BILLING STATEMENTS. Statements will be provided to Client on a monthly basis,
showing all Attorney and Paralegal time logged in tenth-hour increments, and separating fees from
disbursements and other charges. Payment of Attorney statements is due promptly upon receipt.
Because Attorney rates are based on receiving payment within thirty (30) days, a late fee in an
amount equal to the legal rate of interest (currently 10% per annum) from the due date to the date of
payment shaIl also become payable therewith.
Attorney will attempt to have all legal fees and charges included in any foreclosure judgment
obtained; however, not all costs are recoverable under California Code of Civil Procedure. Attorney
cannot guarantee a court will include in any judgment all fees and costs incurred by Client. Client
will ultimately be responsible for payment ofthese fees and costs regardless oftheir inclusion in any
judgment. Any fees and costs coIlected in any such action will be immediately reimbursed to Client
upon receipt.
'-'
7. ERRORS AND OMISSIONS INSURANCE. Attorney shall maintain, in fuIl force and
effect during the entire term of this Agreement, a policy or policies of insurance covering errors and
omissions which might occur in Attorney's performance of its obligations under this Agreement, in
the amount, or aggregate amounts, of$l Million per claim or occurrence. Upon demand by Client,
Attorney shaIl present, to the satisfaction of Client, evidence of such insurance. In addition, Attorney
shaIl comply with the provisions of the Workers Compensation and Insurance laws of the State of
California.
8. SETTLEMENT. Attorney will not settle any particular case except upon terms
approved verbally or in writing by Client, who has the absolute right to accept or reject any
settlement offer of opposing parties. Attorney will notify Client promptly of the terms of any
settlement offer received by Attorney.
If any property owner files bankruptcy during the course of any foreclosure action, or after
making any payments to Attorney on account of Client's claim, Client wiIl hold Attorney harmless
from any claim or demand for repayment or reimbursement made by the debtor or a trustee in
bankruptcy under the Bankruptcy Code and will submit to the jurisdiction of the bankruptcy court for '-'
purposes of indemnification.
ACENDA ITEM NO.--U..-
PACE~OF--1L-
r'
9. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time by
written notice effective 30 days from Attorney's receipt thereof. Attorney may withdraw at anytime
upon 30 days prior written notice if such withdrawal will not prejudice the position of Client in any
litigation or for good cause. Good cause includes Client's breach of this Agreement, Client's refusal
to cooperate, or to follow Attorney's advice on a material matter or the existence of any facts or
circumstances that would render Attorney's continuing representation unlawful or unethical.
When Attorney's services conclude, all unpaid charges will immediately become due and
payable. After services conclude, Attorney will, upon Client's request, deliver all files to Client,
along with any funds or property of Client's still in Attorney's possession.
10. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in
Attorney's statements to Client shall be construed as a promise or guarantee about the outcome of
any matter. Attorney makes no such promises or guarantees, and any comments about the outcome
of any particular matter are expressions of opinion only.
11. CONFIDENTIALITY. Client is informed that California State law requires that
Attorney not disclose confidential communications of Client, and that Attorney not allow any person
or entity who may have recommended Attorney to Client to direct or regulate Attorney's professional
judgment in rendering legal services. Nothing in this Agreement is intended to authorize any such
direction or any unauthorized disclosure of confidential communications.
12. EFFECTIVE DATE. This Agreement will take effect when Client has returned a
duly approved and executed original to Attorney. In the event this Agreement does not take effect, or
r"' any of the provisions hereof are unenforceable for any reason, Client will be obligated to pay
Attorney the reasonable value of any services Attorney may have performed for Client.
LAW OFFICES OF RAUL B. GARCIA
By:
Raul B. Garcia
I/W e have read and understood the foregoing terms and those set forth on the attached Rate Schedule
and agree to them, as of the date Attorney first provided services.
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, California 92530
By:
Robert A. Brady
City Manager
r-
Y:\Fonns\Retainer Agreements\City of Lake Elsinore Retainer Agreement.doc
AGENDA ITEM "0._\ ~
PAGE-!O OF-ll--
RATE SCHEDULE AS OF JANUARY, 2006
A. Identification.
Client:
City of Lake Elsinore
.....,
Matter: Municipal Finance Counsel, including Judicial Foreclosure Services relating to
Delinquent Special Assessments and Special Taxes
B. Hourly Rates for Legal Personnel.
Raul B. Garcia
Carol Fogleman
Paralegal Services
C. Standard Charges.
$200/Hour
$ 175/Hour
$80/Hour
Time will be billed in minimum units of one-tenth hours.
D. Costs and Expenses.
In-office photocopying
Mileage
Computerized Legal Research
Postage
Courier and Air Freight Charges
Messenger Services
Title Report and/or Litigation Guarantee
Notary
Court Photocopying
Conference Call Charges
Travel Expenses
Other reasonable Costs
E. Subject to Change.
$O.25/page
$O.34/mile
At Vendor Cost in excess of Attorney's
monthly rate
At Vendor Cost
At Vendor Cost
At Third-Party Vendor Cost
At Vendor Cost
At Vendor Cost
At Cost
AT&T Standard Rates
At Cost
At Cost
'-II
The rates on this schedule are subject to change on thirty (3) days written notice. If Client
declines to pay any increased rates, Attorney will have the right to withdraw as Client's counsel.
.....,
ACENDA lfEM NO.--1L-
PAGE---LL-OF~
CITY OF LAKE ELSINORE
"-'"
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: MARCH 14, 2006
SUBJECT: RESOLUTION OF THE CITY COUNCIL APPROVING A
FUNDING, CONSTRUCTION AND ACQUISITION
AGREEMENT FOR THE CITY .oF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2005-5
(VILLAGES AT WASSON CANYON)
BACKGROUND
On August 9,2005, the City adopted the necessary resolutions and ordinances
forming Lake Elsinore Community Facilities District (CFD) 2005-5 (Villages at
Wasson Canyon) and authorizing the levy of a special tax. It is anticipated that
bonds will be sold in the future to acquire public infrastructure and to pay
development impact fees for the development. The developer plans to build 191
single family homes. Build out is projected in the tax spread analysis in 2007-2008.
"-'"
DISCUSSION
Bonds are anticipated to be issued in late 2006 or early 2007. Prior to the issuance
of bonds, the developer must enter into a Funding, Construction and Acquisition
Agreement with the City.
The Funding, Construction and Acquisition Agreement dictates the steps required
for the construction of the public improvements to be acquired by the CFD and the
reimbursement process to be followed to acquire those improvements.
"-'"
AGeNDA Imt NO. \?
PACE-L-OF 37
,.".- REPORT TO CITY COUNCIL
MARCH 14, 2006
PAGE 2
FISCAL IMPACT
Repayment of the bonds are secured by the special taxes levied on all property
within the district, other than those properties that are exempt as provided in the
respective rate and method of apportionment.
Responsibility for the construction of the improvements is born developer. The cost
of acquiring the improvements is paid by the CFD bond proceeds.
RECOMMENDATION
The following is recommended to the City Council:
",- I. Adopt Resolution No. 2006 - 3Co approving a Funding, Construction and
Acquisition Agreement for CFD No. 2005-5 (Villages at Wasson Canyon)
PREPARED BY:
MATT N. PRESSEY
DIRECTOR OF ADMI ISTRATIVE SERVICES
APPROVED FOR
AGENDA BY:
r'-
AGENDA IlEM NO. \?- -:
PAGE~OF 37
RESOLUTION NO. 2006- 3G,
......,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE APPROVING A FUNDING, CONSTRUCTION AND
ACQUISITION AGREEMENT
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the
"City") has heretofore established the City of Lake Elsinore Community Facilities
District No. 2005-5 (Villages at Wasson Canyon) (the "CFD") pursuant to the Mello-
Roos Community Facilities Act of 1982, as amended (the "Act"); and
WHEREAS, the City desires to coordinate the plan of financing, design,
engineering and construction of certain public facilities (including capital fees) with
respect to the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
. SECTION 1. The City Council hereby approves the Funding, Construction and
Acquisition Agreement in substantially the form presented to the City Council at this
meeting. The Mayor, the City Manager and the Director of Administrative Services are
hereby authorized to execute the Funding, Construction and Acquisition Agreement with
such revisions, amendments and completions as shall be approved by the officer
executing the same, such approval to be conclusively evidenced by the execution and
delivery thereof.
SECTION 2. This Resolution shall take effect from and after the date of its
passage and adoption.
'-"
......",
45712105.1
AOENDAIlEM NO~
PACE 3 ~OF~
CITY COUNCIL RESOLUTION NO. 2006-
Page 2 of2
".......
PASSED, APPROVED AND ADOPTED this 14th day of March, 2006.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
,,--
ATTEST:
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
".......
45712105.1
Robert E. Magee, Mayor
City of Lake Elsinore
ACENDA ItEM NO. \ VJ.-
PAGE 'i OF:-2, 7 --=-
FUNDING, CONSTRUCTION AND
ACQUISITION AGREEMENT
'-"
THIS FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT, dated as of
February 18, 2006 for identification purposes only (this "Agreement"), is by and between the
City of Lake Elsinore, California (the "City"), acting on behalf of City of Lake Elsinore
Community Facilities District No. 2005-5 (Villages at Wasson Canyon) (the "District"), Lennar
Homes of California, Inc. , a California corporation ("Lennar"), and Wasson Canyon Holdings,
LLC, a Delaware limited liability company ("Wasson Canyon," and together with Lennar, the
"Owner").
RECITALS
WHEREAS, the City has undertaken proceedings to form the City of Lake Elsinore
Community Facilities District No. 2005-5 (Villages at Wasson Canyon) (the "District"),
authorize the levy of special taxes within the District, and authorize the issuance of the Bonds (as
defined below) pursuant to The Mello-Roos Community Facilities Act of 1982 (the "Act") to
fund the acquisition and construction of the Public Facilities (as defined below) and related costs
and the payment of City fees and fees of the Elsinore Valley Municipal Water District. The City
will use the proceeds of the Bonds to, among other things, finance the payment of Fees and the
Purchase Price of the Public Facilities.
WHEREAS, the Public Facilities are within the vicinity of or of benefit to the City, and
the City and the Owner will benefit from a coordinated plan of financing, design, engineering '-"
and construction of the Public Facilities and the development of the land.
WHEREAS, the Owner and the City wish to finance the acquisition and construction of
the Public Facilities and the payment therefor by entering into this Agreement for the acquisition
of the Public Facilities and payment for Discrete Components (as defined below) thereof as
shown in Exhibit A hereto (as it may be amended and supplemented) with funds in the
Acquisition and Construction Fund (as defined below).
WHEREAS, the City has authorized the issuance of the Bonds under the Act and the
Fiscal Agent Agreement (as defined below), the proceeds of which shall be used, in part, to
finance the acquisition of the Public Facilities.
WHEREAS, the City and the other Receiving Agencies (as defined below) have
determined that they will obtain no advantage from undertaking the construction of the Public
Facilities, and that the provisions of this Agreement require that the Public Facilities constructed
by the Owner and completed after formation of the District be constructed as if they had been
constructed under the direction and supervision of the Receiving Agency. Notwithstanding the
foregoing, upon mutual agreement of the City, the Owner and the Receiving Agency, the City or
its designee or Receiving Agency or its designee may construct any of the Public Facilities
financed in whole or in part with funds in the Acquisition and Construction Fund as set forth in
Section 4.6 below.
'-"
45712054.2
1
AGENDA ITEM NOo_J :2.
PACE S OF.3 7
~
WHEREAS, in consideration of the mutual promises and covenants set forth herein, and
for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Owner agree that the foregoing recitals, as applicable to each, are true and
correct and further make the agreements set forth herein.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. The following terms shall have the meanings ascribed to
them in this Section 1.1 for purposes of this Agreement. Unless otherwise indicated, all other
capitalized terms used herein shall have the meanings ascribed to them in the Fiscal Agent
Agreement.
"Acceptance Date" means the date the City approves a Payment Request.
"Acceptable Title" means title to land or interest therein, in form acceptable to the
Receiving Agency, free and clear of all liens, taxes, assessments, leases, easements and
encumbrances, whether or not recorded, other than exceptions that do not materially interfere
with the actual or intended use of the land or interest therein or as shall have otherwise been
r- approved by the Receiving Agency.
"Act" means The Mello-Roos Community Facilities Act of 1982, being Chapter 2.5 of
Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government
Code.
"Acquisition and Construction Fund" means the Acquisition and Construction Fund, and
any accounts established therein, established by a Fiscal Agent Agreement relating to the
issuance of a series of the Bonds of the District, from which the Purchase Price of the Public
Facilities or Discrete Component thereof and Fees shall be paid and from which Actual Costs of
the Public Facilities or Discrete Component may be financed in accordance with the
Construction Election.
.~
"Actual Cost" means the cost of a Public Facility or a Discrete Component, which cost
may include: (i) the actual hard costs for the construction of such Public Facility or Discrete
Component, including labor, materials and equipment costs; (ii) the costs incurred in preparing
the Plans for such Public Facility or Discrete Component and the related costs of environmental
evaluations of the Public Facility or Discrete Component; (iii) the fees paid to governmental
agencies for obtaining permits, licenses or other governmental approvals for such Public Facility
or Discrete Component; (iv) professional costs associated with such Public Facility or Discrete
Component, such as engineering, legal, accounting, inspection, construction staking, materials
testing and similar professional services; (v) costs directly related to the construction and/or
acquisition of a Public Facility or Discrete Component, such as costs of payment, performance
and/or maintenance bonds, and insurance costs (including costs of any title insurance required
hereunder); (vi) costs of construction management and supervision equal to five percent (5%) of
45712054.2
2
ACiENDA ITEM NO.
PAGE to
\ Y).. ,
OF .3 7
the amount set forth in (i) above for a Public Facility or Discrete Component; and (vii) the value
of any real property or interests therein ("Real Estate") that (I) are required for the development
of any Public Facility such as temporary construction easements, haul roads, etc., and (2) are
required to be conveyed with the Public Facility, in an amount equal to the actual cost of the
Real Estate purchased from such independent third party. The City shall not purchase such Real
Estate from the Owner. Actual Cost shall not include any internal or overhead costs of Owner
other than the amount for construction management and supervision set forth in clause (vi)
above.
......"
"Affiliate" means any entity owned, controlled or under common ownership or control by
or with, as applicable, the Owner and includes all general partners of any entity which is a
partnership. Control shall mean ownership of more than fifty percent (50%) of the voting power
of or ownership interest in the respective entity.
"Agreement" means this Funding, Construction and Acquisition Agreement, together
with any Supplement hereto.
"Bonds" means the bonds, notes or other indebtedness of the District issued to generate
proceeds for the Acquisition and Construction Fund.
"City" means the City of Lake Elsinore, California.
"City Facilities" means one or more of the public facilities or Discrete Components
thereof described in Exhibit A-I hereto, as it may be amended or supplemented, to be owned,
operated and maintained by the City which are eligible to be financed out of the Acquisition and......,
Construction Fund.
"Construction Election" shall have the meaning set forth in Section 3.6 below.
"County" means the County of Riverside, California.
"Director" means the Director of Community Development of the City, or his or her
designee acting as such under this Agreement.
"Discrete Component" means (i) a component of a Public Facility that the City and the
Receiving Agency have agreed can be separately identified, inspected and completed, and can be
the subject of a Payment Request hereunder, and (ii) categories of costs relating to each Public
Facility as generally described in Exhibit A-I hereto.
"District" means City of Lake Elsinore Community Facilities District No. 2005-5
(Villages at Wasson Canyon), a community facilities district organized and existing under the
laws of the State of California.
"District Representative" means the City Manager or his designee.
"EVMWD" means Elsinore V alley Municipal Water District.
......"
45712054.2
3
AGENDA ITEM NCL) 2-
PACe 7 OF.~ 7
"......
"Fees" means development impact fees, environmental mitigation fees or other capital
improvement fees or charges imposed or collected by the City or EVMWD on development
within the District.
"Fiscal Agent" means the fiscal agent identified in the Fiscal Agent Agreement, or any
successor thereto acting as fiscal agent under the Fiscal Agent Agreement.
"Fiscal Agent Agreement" means a fiscal agent agreement between the City and the
Fiscal Agent, providing for, among other matters, the issuance of the Bonds and the
establishment of the Acquisition and Construction Fund, as it may be amended or supplemented
from time to time.
"hnprovement Agreement" shall have the meaning set forth in Section 2.3 below.
"Notice" shall have the meaning set forth in Section 9.3 hereof.
"Owner" means Lennar Homes of California, Inc., a California corporation, Wasson
Canyon Holdings, LLC, a Delaware limited liability company.
"Party" means either the City or the Owner; "Parties" mean the Owner and the City.
"Payment Request" means a document, substantially in the form of Exhibit B-1 hereto, to
be used in requesting a payment of a Purchase Price, and a document, substantially in the form of
r-- Exhibit B-2 hereto, to be used in requesting payment of Fees.
"Plans" means the plans, specifications, schedules and related construction contracts for
the Public Facilities and/or any Discrete Components thereof approved pursuant to applicable
standards of the applicable Receiving Agency, inclusive of all change orders, if any. As of the
date of this Agreement, the City standards for construction are incorporated in the City of Lake
Elsinore Standard Plan and are supplemented from time to time by standards set forth in the
Green Book, CAL TRANS Standard Plan and Specification, Standard Specifications for Public
Works Construction (SSPWC), of the Southern California Chapter of the American Public
Works Association and the Southern California Districts of the Associated General Contractors
of California.
"Project" means the development within the District commonly known as "Villages at
Wasson Canyon."
"Public Facility" or "Public Facilities" means one or more of the public facilities
described in Exhibit A-I hereto, as it may be amended or supplemented, which are to be owned,
operated and maintained by the Receiving Agency and are eligible to be financed out of the
Acquisition and Construction Fund. The City Facilities constitute a portion of the Public
Facilities.
"Purchase Price" means the amount paid by the District for a Public Facility and/or any
Discrete Components thereof in an amount equal to the lesser of the Actual Cost or the value of
"...... such Public Facility or Discrete Component as determined in Section 4.4.
45712054.2
4
AGENDA JT<M HO..-l j, - - :
PAGE go OF 7 .
. "Receiving Agency" means, as applicable, the City or the other governmental entity that
wIll own, operate and maintain a Public Facility or Discrete Component when completed and
acquired.
..;
"Supplement" means a written document amending, supplementing or otherwise
modifying this Agreement and any exhibit hereto, including any amendments to the list of Public
Facilities and Discrete Components in Exhibit A, and/or the addition to Exhibit A of additional
Public Facilities (and Discrete Components) to be financed with the proceeds of the Bonds
deposited in the Acquisition and Construction Fund.
ARTICLE II
FUNDING
Section 2.1 Proceedings. The City shall conduct all necessary proceedings under the
Act for the issuance, sale and delivery of each series of Bonds.
Section 2.2 Bond Proceeds and Special Taxes. The City shall not be obligated to
pay Fees and the Purchase Price of any Public Facility or any Discrete Components thereof
except from amounts on deposit in the Acquisition and Construction Fund. The City makes no
warranty, express or implied, that the proceeds of the Bonds deposited and held in the
Acquisition and Construction Fund, and any investment earnings thereon, will be sufficient to
pay the Purchase Price of all of the Public Facilities or Discrete Components thereof and Fees.
Section 2.3 Proceeds. The proceeds of the Bonds shall be deposited, held, invested,
reinvested and disbursed as provided in the Fiscal Agent Agreement. A portion of the proceeds
of the Bonds will be set aside in the Acquisition and Construction Fund. Moneys in the
Acquisition and Construction Fund shall be deposited, held, invested, reinvested and disbursed
therefrom in accordance with the provisions of the Fiscal Agent Agreement and the applicable
provisions hereof for payment of all or a portion of the Purchase Price of the Public Facilities
(including payment of the Purchase Price of Discrete Components thereof) and Fees, all as
herein provided.
"""
The Acquisition and Construction Fund may include two accounts - a "City Facilities
Account" (for payment of City Fees and City Facilities) and a "Non-City Facilities Account (for
payment of EVMWD Fees and Public Facilities other than City Facilities)." Upon the issuance
of each series of Bonds, proceeds available to be deposited in the Acquisition and Construction
Fund shall be initially allocated to the City Facilities Account and Non-City Facilities Account,
as set forth in a written request from Owner. Transfers shall be made between the two accounts
upon the written request of the Owner and the written approval of the City. Unless otherwise
requested in writing by Owner prior to issuance of each series of Bonds, earnings on amounts in
each Account of the Acquisition and Construction Fund shall be retained in the Account and
available to pay the Purchase Price of Public Facilities and Fees until either (i) all Public
Facilities and Fees have been financed, as evidenced by a certificate provided by Owner, or
(ii) Owner provides a certificate to the District indicating that the funds on deposit in the
Acquisition and Construction Fund are sufficient to finance the remaining Public Facilities and
Fees for which Owner expects to submit a Payment Request, at which time any earnings shall be
.......,
45712054.2
5
AGENDAIlEM NeLl ~
PAOE~OF 7
r' transferred to pay debt service on the Bonds. Earnings on amounts in the reserve fund( s) created
under the Fiscal Agent Agreements, shall be deposited as set forth in the Fiscal Agent
Agreements:
For Bonds issued on or prior to May 30 of a given calendar year, the District agrees to
include capitalized interest to cover, at a minimum, debt service due in September of the same
year. For Bonds issued after May 30 of a given calendar year, the District agrees to include
capitalized interest to cover, at a minimum, debt service for all payments due up to and including
September of the following year.
The Owner acknowledges that any lack of availability of amounts in the Acquisition and
Construction Fund to pay the Purchase Price of the Public Facilities or any Discrete Components
thereof and Fees shall in no way diminish any obligation of the Owner with respect to the
construction of or contributions for public facilities and mitigation measures required in
connection with the Project by any development or other agreement to which the Owner is a
party, or any governmental approval to which the Owner is subject (collectively, the
"Improvement Agreements").
Section 2.4 Continuing Disclosure Agreement. The Owner agrees to provide to the
City, and to require each transferee or assignee to provide to the City all information regarding
the development within the District, including the financing plan for such development, which is
necessary to ensure that the City complies with its continuing disclosure obligations under the
Fiscal Agent Agreement and all other applicable federal and state securities laws.
r--
ARTICLE III
CONSTRUCTION OF PUBLIC FACILITIES
Section 3.1 Plans. To the extent and at the time required by the Improvement
Agreements, the Owner shall cause Plans to be prepared for the Public Facilities. The Owner
shall obtain the written approval of the Plans in accordance with applicable ordinances and
regulations of the applicable Receiving Agencies.
Section 3.2 Construction. This Agreement shall not expand, limit or otherwise affect
any obligation of the Owner under any Improvement Agreements. All Public Facilities shall be
constructed in accordance with the Improvement Agreements and the approved Plans.
Section 3.3 Relationship to Public Works. This Agreement is for the acquisition of
and payment for the Public Facilities or Discrete Components thereof by the Receiving Agency
from moneys in the Acquisition and Construction Fund and is not intended to be a public works
contract. The City and the Owner agree that the Owner shall award all contracts for the
construction of the Public Facilities and the Discrete Components thereof to be constructed by
the Owner, and that this Agreement is necessary to assure the timely and satisfactory completion
of such Public Facilities and the Discrete Components thereof.
r--
From time to time at the request of the District Representative or the Owner, the Owner
and the District Representative shall meet and confer regarding matters arising hereunder with
45712054.2
6
AGENDA ITEM NO.-1 "2-
PAGE..l!L.-OF .~ 7
resp~c~ to the Public Facilities, Discrete Components and the progress in constructing and
acqumng the same, and as to any other matter related to the Public Facilities or this Agreement. """"'"
Section 3.4 Contractor. ill performing this Agreement, the Owner is an independent
contractor and not an agent or employee of the City. The City shall not be responsible for
making any payments to any contractor, subcontractor, agent, consultant, employee or supplier
of the Owner.
Section 3.5 Contracts and Change Orders. The Owner shall be responsible for
entering into all contracts and any supplemental agreements (commonly referred to as "change
orders") required for the construction of the Public Facilities or Discrete Components to be
constructed by the Owner, and all such contracts and supplemental agreements shall be
submitted to the Director. The Owner shall be required to show evidence that Owner solicited,
or caused to be solicited, at least three (3) bids for the construction of each Public Facility for
which the Owner submits a payment request and that the contract for the construction of each
such Public Facility was awarded to the lowest responsible bidder for such Public Facility.
Bidding contracts and change orders shall comply with the requirements set forth in Exhibit "D"
of this Agreement.
Section 3.6 Construction Election. The Owner and City, or the Owner and a
Receiving Agency, may mutually elect (the "Construction Election") to cause any or all of the
Public Facilities or a Discrete Component thereof to be constructed by the City or Receiving
Agency, if applicable, and financed out of the Acquisition and Construction Fund in accordance
with the terms and conditions described in this Section 3.6 and the Improvement Agreements and
subject to the availability of sufficient funds, including the proceeds of the Bonds.
If the Owner and City, or the Owner and a Receiving Agency, make the Construction
Election with respect to a Public Facility or any Discrete Component thereof, the Owner shall
transfer Acceptable Title to the land or right-of-ways then owned by the Owner on and over such
real property on which the Public Facility or any Discrete Component thereof is to be
constructed.
.....,
Upon completion of a Public Facility or Discrete Component thereof for which a
Construction Election has been made, payment shall be made pursuant to Section 4.4 below for
any Actual Costs thereof incurred by the Owner prior to the Construction Election.
Section 3.7 Notice of Completion and Lien Releases. Upon completion of the
construction of a Public Facility, the Owner shall notify the Director in writing of such
completion and shall prepare and execute a Notice of Completion for such Public Facility in the
form prescribed by Section 3093 of the California Civil Code and shall record such notice in the
Official Records of the County of Riverside. The Owner shall cause its contractors to provide
unconditional lien releases for such Public Facility or all Discrete Components in accordance
with Section 3262 of the Civil Code.
.....,
45712054.2
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ARTICLE IV
ACQUISITION AND PAYMENT
Section 4.1 Inspection. No payment hereunder shall be made by the City to the
Owner for a Public Facility or Discrete Component thereof until the Public Facility or Discrete
Component thereof, if applicable, has been inspected by the City or the other applicable
Receiving Agency that will be acquiring the same. Unless otherwise provided in a Supplement,
the City shall make or cause to be made regular on-going site inspections of the Public Facilities
to be acquired hereunder. For Public Facilities or Discrete Components to be acquired by other
Receiving Agencies, the Owner shall be responsible for obtaining such inspections and providing
written evidence thereof to the Director.
r"
Section 4.2 Agreement to Sell and Purchase Public Facilities. The Owner hereby
agrees to sell to the City, and the City hereby agrees to purchase from the Owner, the Public
Facilities, including the Discrete Components thereof, constructed by the Owner for their
respective Purchase Prices, subject to the terms and conditions hereof. The City shall not be
obligated to purchase any Public Facility until the Public Facility is completed and the
acceptance by the Receiving Agency for such Public Facility has occurred; provided that the City
has agreed hereunder to make payments to the Owner for Discrete Components of Public
Facilities prior to the completion of such Public Facilities. The Owner acknowledges that the
Discrete Components have been identified for payment purposes only, and that the City shall not
accept a City Facility of which a Discrete Component is a part until the entire City Facility has
been completed. The City acknowledges that the Discrete Components do not have to be
accepted by the applicable Receiving Agency as a condition precedent to the payment of the
Purchase Price therefor, but any such payment shall not be made until the Discrete Component
has been completed in accordance with the Plans therefor and such completion is acknowledged
in writing by the Receiving Agency.
The Parties hereto acknowledge that certain Public Facilities, as generally described in
Exhibit A-2 attached hereto, may have been completed prior to the formation of the District. The
Parties agree that said Public Facilities shall, upon the concurrence of the Director that said
Public Facilities (or Discrete Components thereof) were completed prior to the formation of the
District, be eligible to be acquired with funds available in the Acquisition and Construction
Fund, pursuant to the provisions of this Agreement excepting therefrom those provisions relating
to public bidding, competitive bidding, and payment of prevailing wages.
Section 4.3 Requests. In order to receive the Purchase Price for a completed Public
Facility or Discrete Component, inspection thereof under Section 4.1, if applicable, shall have
been made and the Owner shall deliver to the District Representative and the Director: (i) a
Payment Request in the form of Exhibit B-1 hereto for such Public Facility or Discrete
Component, and (ii) if payment is requested for a completed Public Facility, (a) if the property
on which the Public Facility is located is not owned by the Receiving Agency at the time of the
request, a copy of the recorded documents conveying to the Receiving Agency Acceptable Title
to the real property on, in or over which such Public Facility is located, as described in
r- Section 6.1 hereof, (b) a copy of the recorded notice of completion of such Public Facility (if
45712054.2
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applicable), and (c) an assignment of the warranties and guaranties for such Public Facility as
described in Section 5.5 hereof. '
Section 4.4 Determination of Value for a Public Facility. The value of a Public
Faci.lity shall be equal to the Actual Cost of construction of such Public Facility, less such
portIon of such cost of construction which the Director has, in his or her reasonable professional
opinion, determined would not have been incurred had such Public Facility been constructed
pursuant to a public works contract awarded by the City. As a non-inclusive example, if the
Owner pays overtime to complete the construction of street improvements to provide access to a
parcel by a date certain as required by Owner's lease obligations to a tenant occupying such
parcel, the cost of such overtime will be deducted from the overall cost of construction of such
Public Facility to determine the value of such Public Facility.
Section 4.5 Payment Requests. Upon receipt of a Payment Request (and all
accompanying documentation), the Director shall conduct a review in order to confirm that such
request is complete, that such Discrete Component or Public Facility identified therein was
constructed substantially in accordance with the Plans therefor, and to verify and approve the
Purchase Price of such Discrete Component or Public Facility specified in such Payment
Request. The Director shall conduct each such review in an expeditious manner and the Owner
agrees to reasonably cooperate with the Director in conducting each such review and to provide
the Director with such additional information and documentation as is reasonably necessary for
the Director to conclude each such review. For any Public Facilities to be acquired by another
Receiving Agency, the Owner shall provide evidence acceptable to the Director that such Public
Facilities are acceptable to such Receiving Agency. Within ten (10) business days of receipt of
any Payment Request, the Director shall notify the Owner whether such Payment Request is
complete, and, if not, what additional documentation must be provided. If such Payment
Request is complete, the Director will provide a written approval or denial of the request within
twenty-one (21) business days of its submittal. If the Director disapproves any Payment
Request, it shall provide written notice of disapproval to the Owner within such twenty-one (21)
business day period stating in reasonable detail the reasons for such disapproval and the changes
to the Payment Request necessary to obtain the Director's approval. The Director's review of
any Payment Request shall be made on a Public Facility and/or Discrete Component basis such
that the Director shall approve for payment any Public Facilities and/or Discrete Components
covered by a Payment Request that comply with the requirements of this Agreement even if the
Director disapproves other Public Facilities and Discrete Components included as part of the
same Payment Request. If the Director disputes the Purchase Price of any Public Facility or
Discrete Component covered by the Payment Request, the Director shall approve for payment an
amount equal to the Actual Cost thereof the Director determines is appropriate (which shall not
be less than the amounts of contracts and change orders previously approved by the Director)
and shall deliver notice of disapproval of the remaining amount. If the Director disapproves any
revised Payment Request, the Director will provide a written notice of approval or denial to the
Owner within ten (10) business days after receipt of the revised Payment Request, which notice
shall describe in reasonable detail the reason for the denial, if applicable.
The Director shall only be entitled to withhold approval for payment of a Discrete
Component (other than the final Discrete Component of any Public Facility) to be owned by the
City that is the subject of a Payment Request if (i) the Owner has not provided conditional lien
45712054.2
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ACiENDA ITEM NO__\ Q.
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"""
'-"
'-'
".-...... releases for labor and materials provided in connection with such Discrete Components
(provided that this basis for disapproval shall not apply if the Owner has provided payment
bonds to the City in connection with the Improvement Agreements or has provided bonds
protecting the City from mechanics' liens by parties that have not provided lien releases in a
form satisfactory to the Director), (ii) the Discrete Component has not been constructed
substantially in accordance with the Plans, (iii) the Director disputes the Actual Cost of the
Discrete Component stated in the Payment Request or (iv) the Owner is delinquent in paying its
special taxes.
The Director shall only be entitled to withhold approval for payment of any Public
Facility to be owned by the City (or the final Discrete Component of any such Public Facility) if
(i) a notice of completion executed in the form described in California Civil Code Section 3093,
has not been recorded for the Public Facility and final conditional lien releases for labor and
materials provided in connection with such Public Facilities have not been submitted to the
Director (provided that this requirement shall not apply if the Owner has provided to the City a
payment bond in connection with the Improvement Agreements or provides a bond protecting
the City from mechanics' liens made by parties that have not provided such lien releases in a
form acceptable to the Director), (ii) the Public Facility has not been constructed substantially in
accordance with the Plans, (iii) the Director disputes the Actual Cost of any Public Facility or
Discrete Component stated in the Payment Request or (iv) the Owner is delinquent in paying its
special taxes.
r-
The City shall only be entitled to withhold payment for any Public Facilities or Discrete
Components thereof to be owned by a Receiving Agency other than the City if the Owner does
not provide the Director with evidence that the Receiving Agency has accepted the Public
Facility or Discrete Components thereof.
Nothing in this Agreement shall be deemed to prohibit the Owner from contesting in
good faith the validity or amount of any mechanics' or materialman's lien nor limit the remedies
available to the Owner with respect thereto so long as such delay in performance shall not
subject the Public Facilities or any Discrete Component thereof to foreclosure, forfeiture or sale.
In the event that any such lien is contested, the Owner shall only be required to post or cause the
delivery of a bond in an amount equal to the amount in dispute with respect to any such
contested lien, so long as such bond is drawn on an obligor and is otherwise in a form acceptable
to the Director.
Section 4.6 Payment. Upon approval of the Payment Request (or any portion thereof)
by the Director, the Director shall sign the Payment Request and forward the same to the District
Representative. Upon receipt of the approved Payment Request, the District Representative
shall, within five (5) business days of receipt of the approved Payment Request, cause the same
to be paid, to the extent of funds then on deposit in the Acquisition and Construction Fund. Any
approved Payment Request not paid due to an insufficiency of funds in the Acquisition and
Construction Fund shall be paid promptly following the deposit into the Acquisition and
Construction Fund of additional proceeds of the Bonds, earnings on the Acquisition and
Construction Fund or other funds transferred pursuant to the Fiscal Agent Agreement.
,.... .
457]2054.2
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AGENDA ITEM NO. \?-
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The Purchase Price paid hereunder for any Public Facility or Discrete Component shall
constitute payment in full for such Public Facility or Discrete Component, including, without
limitation, payment for all labor, materials, equipment, tools and services used or incorporated in
the work, supervision, administration, overhead, expenses and any and all other things required,
furnished or incurred for completion of such Public Facility or Discrete Component, as specified
in the Plans.
....",
Section 4.7 Restrictions on Payments. Notwithstanding any other provisions of this
Agreement, the following restrictions shall apply to any payments made to the Owner under
Section 4.2 and Section 4.5 hereof:
A. Amounts of Pavrnents. Payments for each Discrete Component or Public
Facility will be made only in the amount of the Purchase Price for the respective Discrete
Component or Public Facility. The City agrees that the Actual Cost of a Discrete Component or
Public Facility may fluctuate from the budgeted amounts. The City agrees that the Owner has
the latitude to increase or decrease the reimbursement of a Discrete Component or Public
Facility, as the Purchase Price is determined. In no case will the total Purchase Price paid exceed
the total amount of funds available in the Acquisition and Construction Fund.
Nothing herein shall require the City in any event (i) to pay more than the Purchase Price
of a Public Facility or Discrete Component; or (ii) to make any payment beyond the available
funds in the Acquisition and Construction Fund for such Public Facilities or Discrete
Components. The Parties hereto acknowledge and agree that all payments to the Owner for the
Purchase Prices of Public Facilities or Discrete Components are intended to be reimbursed to the
Owner for services provided or costs incurred by the Owner or moneys already expended or ...."",
incurred by the Owner to third parties in respect of such Public Facilities and/or Discrete
Components.
B. Freauency. No more than one Payment Request shall be submitted in any
calendar month although a Payment Request may relate to more than one Public Facility or
Discrete Component.
Section 4.8 Defective or Nonconforming Work. If any of the work done or
materials furnished for a Public Facility or Discrete Component are found by the Director to be
defective or not in substantial accordance with the applicable Plans: (i) if such finding is made
prior to payment for the Purchase Price of such Public Facility or Discrete Component
hereunder, the Director may withhold payment therefor until such defect or nonconformance is
corrected, or (ii) if such finding is made after payment of the Purchase Price of such Public
Facility or Discrete Component, the Receiving Agency and the Owner shall act in accordance
with the applicable Improvement Agreement, if any.
Section 4.9 Modification of Discrete Components. Upon written request of the
Owner, the Director shall consider modification of the description of any Discrete Component.
Any such modification shall be subject to the written approval of the Director, which approval
the Director may withhold in his sole discretion, and shall not diminish the overall Public
Facilities to be provided pursuant to the Improvement Agreements.
'will
45712054.2
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1""'.
II""'"
Section 4.10 Funding of Fees. The City may requisition from the City Facilities
Account or the Non-City Facilities Account. in the manner specified in the Fiscal Agent
Agreement and this Agreement. an amount which is sufficient to pay all or a portion of the Fees
payable by Owner or its successors and assigns upon receipt of a Payment Request in the form
attached hereto as Exhibit B-2. To the extent Fees payable by Owner or its successors and
assigns constitute City Fees. the City may requisition from the City Facilities Account. or if such
account is not established from the Acquisition and Construction Fund, an amount which is
sufficient to pay such Fees without having first received a Payment Request in the form attached
hereto as Exhibit B-2. The City shall provide a credit against the applicable Fees to the Owner
or its successors and assigns equal to the amount of the moneys disbursed pursuant to the
Payment Request. In the event the Owner is required to pay Fees to the City prior to the issuance
and sale of the Bonds. Owner or its successors and assigns shall make a deposit equal to the
amount due and such deposit shall he reimbursed to the Owner when funds subsequently
deposited in the City Facilities Account are disbursed to the City in an equal amount for the
payment of such Fees. In the event Bonds are not issued within twelve (12) months ofthe date
of any such deposit. such deposit may at the written direction of the Director be applied to pay
Fees and shall no longer be reflected as a Deposit on the accounts of the City.
Some of the Public Facilities anticipated to be constructed are included in City
development impact fee or other financing programs. The Owner shall be entitled to full credit
against all applicable Fees imposed or collected by the City based upon the Owner's construction
of such Public Facilities whether or not the Purchase Price of such Public Facilities is funded out
of the Acquisition and Construction Fund.
To the extent the Owner makes a payment to the City constituting a contribution towards
the Camino Del Norte road improvement project. the City shall provide a credit against the
applicable Fees to the Owner or its successors and assigns equal to the amount of such
contribution. Furthermore. once the City establishes and imposes any capital impact fee relating
to the Camino Del Norte road improvement project. to the extent the Camino Del Norte road
improvement project is financed with Bond proceeds. any reimbursements due to the Owner
from payment of such capital impact fee by other developers shall be applied to redeem Bonds
pursuant to the Fiscal Agent Agreement.
ARTICLE V
OWNERSHIP AND TRANSFER OF PUBLIC FACILITIES
Section 5.1 Conveyance of Land and Easements for Receiving Agency.
Acceptable Title to all property on. in or over which each Public Facility to be acquired by the
Receiving Agency will be located. shall be conveyed to the Receiving Agency by way of grant
deed, quitclaim, or dedication or irrevocable offer of dedication of such property, or easement
thereon, in accordance with the applicable Improvement Agreement. if any. The Owner agrees
to provide the Receiving Agency such documents as are required to obtain Acceptable Title with
respect to these Public Facilities funded pursuant to this Agreement. Completion of the transfer
of title to land shall be accomplished prior to the payment of the Purchase Price for a Public
r-- Facility (or the last Discrete Component thereof) and shall be evidenced by recordation of the
acceptance thereof by the Receiving Agency.
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Section ~.2 Evidence and Insurance. Within fifteen (15) calendar days following the
request of the CIty, the Owner shall furnish to the City a preliminary title report for such land not
previously dedicated or otherwise conveyed to the City, for review and approval prior to the
transfer of Acceptable Title to a Public Facility to the City. Within ten (10) calendar days
thereafter, the Director shall approve the preliminary title report unless it reveals a matter which,
in the judgment of the Director, could materially affect the City's use of any part of the property
or easement covered by the preliminary title report for the purpose for which such property or
easement is being conveyed. In the event the Director does not approve the preliminary title
report, the City shall not be obligated to accept title to such Public Facility or pay the Purchase
Price for such Public Facility (or the last Discrete Component thereof) until such objections to
title have been cured to the satisfaction of the Director. The failure of the Director to provide
written approval to the Owner shall be deemed to be a disapproval.
.....,
Section 5.3 Facilities Constructed on Private Lands. If any Public Facilities to be
acquired are located on privately-owned land, the owner thereof shall retain title to the land and
the completed Public Facilities until acquisition of the Public Facilities under Article V hereof.
Pending the completion of such transfer and where the Owner has received any payment for any
such Public Facility or a Discrete Component thereof, the Owner shall be responsible for
maintaining the land and any Public Facilities or Discrete Components in good and safe
condition. Notwithstanding the foregoing, subject to the terms of the applicable Improvement
Agreement, upon written request of the Receiving Agency before payment for the last Discrete
Component of such a Public Facility, the Owner shall conveyor cause to be conveyed
Acceptable Title thereto in the manner described in Section 5.1 hereof.
Section 5.4 Facilities Constructed on City Land. If the Public Facilities to be ""
acquired are on land owned by the City, the City hereby grants to the Owner a license to enter
upon such land for purposes related to the construction (and maintenance pending acquisition) of
the Public Facilities. The provisions for inspection and acceptance of such Public Facilities
otherwise provided herein shall apply.
Section 5.5 Maintenance and Warranties. The Owner shall maintain each Discrete
Component of any Public Facility constructed by the Owner in good and safe condition until the
Acceptance Date of the Public Facility of which such Discrete Component is a part. Prior to the
Acceptance Date, the Owner shall be responsible for performing any required maintenance on
any completed Discrete Component or Public Facility constructed by the Owner. On or before
the Acceptance Date of the Public Facility, the Owner shall assign to the Receiving Agency, to
the extent assignable, all of Owner's rights in any warranties, guarantees, maintenance
obligations or other evidence of contingent obligations of third persons with respect to such
Public Facility. The Owner shall maintain or cause to be maintained each Public Facility
constructed by the Owner for such period and for such purpose, all in accordance with the
applicable Improvement Agreement. After the Acceptance Date, the Owner shall not be
responsible for maintaining such Public Facility. Any warranties, guarantees or other evidences
of contingent obligations of third parties with respect to the Public Facilities to be acquired by
the City shall be delivered to the Director as part of the transfer of title.
'-'
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"...-.
ARTICLE VI
INSURANCE
Section 6.1 Requirements. The Owner shall, at all times prior to the final Acceptance
Date of all Public Facilities, maintain, deliver to the City evidence of and keep in full force and
effect, or cause to be maintained, delivered to the City evidence of and kept in full force and
effect, the insurance policies required pursuant to the Improvement Agreements.
All ofthe Owner's insurance policies shall contain an endorsement providing that written
notice shall be given to the City at least 30 calendar days prior to termination, cancellation, or
reduction of coverage in the policy and an endorsement extending coverage to the City and its
agents as an additional insured, in the same manner as the named insured as respects liabilities
arising out of the performance of any work related to the Public Facilities. Such insurance shall
be primary insurance as respects the interest of the City, and any other insurance maintained by
the City shall be excess and not contributing insurance with the insurance required hereunder.
The foregoing requirements as to the insurance coverage to be maintained by the Owner
are not intended to and shall not in any maimer limit or qualify the liabilities and obligations
assumed by the Owner under this Agreement.
Section 6.2 Evidence of Insurance. The Owner shall furnish to the City, from time to
time upon request, a certificate of insurance regarding each insurance policy required to be
r-- maintained by the Owner hereunder.
ARTICLE VII
REPRESENTATIONS, WARRANTIES AND COVENANTS
Section 7.1 Covenants and Warranties of the Owner. The Owner represents and
warrants for the benefit of the City as follows:
A. Organization. Lennar Homes of California, Inc., a California corporation,
is in compliance with the laws of the State of California, and has the power and authority to own
its property and assets and to carry on its business as now being conducted and as now
contemplated. Wasson Canyon Holdings, LLC, a Delaware limited liability company, is in
compliance with the laws of the State of California, and has the power and authority to own its
property and assets and to carry on its business as now being conducted and as now
contemplated.
B. Authority. The Owner has the power and authority to enter into this
Agreement, and has taken all action necessary to cause this Agreement to be executed and
delivered, and this Agreement has been duly and validly executed and delivered by the Owner.
C. Binding Obligation. This Agreement is a legal, valid and binding
obligation of the Owner, enforceable against the Owner in accordance with its terms.
;'"
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D. Financial Records. Until one year after the final acceptance of all the
Public Facilities, the Owner covenants to maintain proper books of record and account for the
construction of the Public Facilities and all costs related thereto. Such accounting books shall be
maintained in accordance with generally accepted accounting principles, and shall be available
for inspection by the City or its agent at any reasonable time during regular business hours on
reasonable notice.
....,
E. Plans. The Owner represents that it has obtained or will obtain approval
of the Plans for the Public Facilities constructed by the Owner from all appropriate departments
of the City and from any other public entity or public utility from which such approval must be
obtained. The Owner further agrees that the Public Facilities constructed by the Owner have
been or will be constructed in compliance with such approved Plans and any supplemental
agreements (change orders) thereto, as approved in the same manner.
Section 7.2 Indemnification and Hold Harmless. The Owner shall assume the
defense of, indemnify, and hold harmless the City, its officers, directors, employees and agents
and each ofthem, from and against all actions, damages, claims, losses or expenses of every type
and description to which they may be subjected or put, by reason of, or resulting from the
Owner's non-payment under contracts between the Owner and its consultants, engineers,
advisors, contractors, subcontractors and suppliers in the provision of the Public Facilities, or any
claims of persons employed by the Owner or its agents to construct the Public Facilities.
Notwithstanding the foregoing, no indemnification is given hereunder for any action, damage,
claim, loss or expense directly attributable to the intentional acts or gross negligence of the City,
or its officers, directors, employees or agents hereunder or otherwise with respect to the Public
Facilities or payment therefor. "'"
No provision of this Agreement shall in any way limit the Owner's responsibility for
payment of damages resulting from the operations of the Owner and its agents, employees or
contractors.
ARTICLE VIII
DEFAULT AND REMEDIES
Section 8.1 Default Remedies. Failure by either Party to perform any action or
covenant required by this Agreement within the time periods provided herein following Notice
and failure to cure as described hereafter, constitutes a "Default" under this Agreement. A Party
claiming a Default shall give written Notice of Default to the other Party specifying such
Default. Except as otherwise expressly provided in this Agreement, the claimant shall not
institute any proceeding against any other Party, and the other Party shall not be in Default if
such party within thirty (30) days from receipt of such Notice immediately, with due diligence,
commences to cure, correct or remedy such failure or delay and shall complete such cure,
correction or remedy with diligence.
Section 8.2 Institution of Legal Actions. The Parties shall be entitled to seek any
remedy available at law and in equity for the other Party's Default. All legal actions must be
.....",
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/""'""
instituted in the Superior Court of the County of Riverside, State of California, or in the United
States District Court for District of California in which Riverside County is located.
Section 8.3 Acceptance of Service of Process. In the event that any legal action is
commenced by the Owner against the City, service of process on the City shall be made by
personal service upon the City Clerk or in such other manner as may be provided by law. In the
event that any legal action is commenced by the City against the Owner, service of process on
the Owner shall be made in such manner as may be provided by law.
Section 8.4 Rights and Remedies Are Cumulative. Except as otherwise expressly
stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise
by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the same Default or any other
Default by the other Party.
Section 8.5 Inaction Not a Waiver of Default. Any failures or delays by either Party
in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any
Default or of any such rights or remedies, or deprive either such Party of its right to institute and
maintain any actions or proceedings which it may deem necessary to .protect, assert or enforce
any such rights or remedies.
Section 8.6 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
r
Section 8.7 Attorneys' Fees. In any action between the Parties to interpret, enforce,
reform, modify, rescind or otherwise in connection with any of the terms or provisions of this
Agreement, the prevailing party in the action or other proceeding shall be entitled, in addition to
damages, injunctive relief or any other relief to which it might be entitled, reasonable costs and
expenses including, without limitation, litigation costs, expert witness fees and reasonable
attorneys' fees.
ARTICLE IX
GENERAL
Section 9.1 Mutual Consent. This Agreement may be terminated by the mutual
written consent of the City and the Owner, and all or any portion of the moneys in the
Acquisition and Construction Fund may be used to pay for same, and the Owner shall have no
claim or right to any further payments for the Purchase Price of Public Facilities or Discrete
Components hereunder, except as otherwise may be provided in such written consent.
Section 9.2 Audit. The City shall have the right, during normal business hours and
upon the giving of five (5) business days' prior written notice to the Owner, to review all books
and records of the Owner pertaining to costs and expenses incurred by the Owner in relation to
any of the Public Facilities, and any bids taken or received for the construction thereof or
materials therefor.
r-
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Section 9.3 Notices, Demands and. Communications Between the Parties. Any
notices, requests, demands, documents, approvals or disapprovals given or sent under this
Agreement from one Party to another (collectively, "Notices") may be personally delivered,
transmitted by facsimile (FAX) transmission, or deposited with the United States Postal Service
for mailing, postage prepaid, or sent by overnight delivery to the address of the other Party as
stated in this Section, and shall be deemed to have been given or sent at the time of personal
delivery or FAX transmission or, if mailed, on the third day following the date of deposit in the
course of transmission with the United States Postal Service or if sent by overnight delivery, on
the day following its deposit with the overnight courier. Notices shall be sent as follows:
'-II'
If to City:
City of Lake Elsinore
Attn: City Manager
130 S. Main Street
Lake Elsinore, CA 92530
FAX No. (951) 674-239
With copies to:
Van Blarcom, Leibold, McClendon & Mann, P.C.
Attn: Barbara Zeid Leibold, City Attorney
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
FAX No. (949) 457-6305
'-II'
If to Owner:
Villages at Wasson Canyon (Tract 31792)
Lennar Homes of California, Inc. & Wasson Canyon Holdings, LLC
Attn: Ellen Michiel or Project Manager
40980 County Center Drive
Temecula, California 92591
FAX No. (951) 719-3968
Section 9.4 Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the Parties hereto. The Owner may assign its
rights pursuant to this Agreement to a purchaser (an "Assignee") of a portion or portions of the
property which is/are located within the District (the "Property"). The Owner may assign to the
Assignee the responsibility for the construction of all or a portion of the Public Facilities or
Discrete Components thereof which remain to be constructed and the right to receive payment of
the Purchase Price for Public Facilities and Discrete Components thereof previously completed
by the Owner. The Owner and Assignee shall provide to City such reasonable proof as the City
may require that such Assignee is the purchaser of such Property within the District. Such
Assignee shall, as a condition to receiving payment of a Purchase Price, enter into an assignment
and assumption agreement with the City and the Owner, in the form attached hereto as Exhibit C,
'-II'
45712054.2
17
AGENDA ITEM NO. 12. . ~
PAGE ~\~
~ whereby such Assignee agrees, except as may be otherwise specifically provided therein, to
assume the obligations of the Owner pursuant to this Agreement with respect to such Public
Facilities or Discrete Components thereof and to be bound thereby and whereby the Owner shall
be released with respect to such obligations. In addition, the Owner may assign to an Assignee,
without the City's consent or the Assignee's execution of an assignment and assumption
agreement, the rights and obligations under this Agreement relating to the funding of Fees,
provided that the Owner gives the City written notice of the identity of the Assignee, the specific
Fees covered by the assignment and the Property to be owned by such Assignee.
Section 9.5 Relationship Between the City and the Owner. It is hereby
acknowledged by the Owner that the relationship between the City and the Owner is not that of a
partnership or joint venture and that the City and the Owner shall not be deemed or construed for
any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in
the Attachments hereto, the City shall have no rights, powers, duties or obligations with respect
to the development, operation, maintenance or management of the Project. The Owner agrees to
indemnify, hold harmless and defend the City from any claim made against the City arising from
a claimed relationship of partnership or joint venture between the City and the Owner with
respect to the development, operation, maintenance or management of the property within the
District.
Section 9.6 No Third Party Rights. The Parties intend that no rights nor remedies be
granted to any third party as a beneficiary ofthis Agreement or of any covenant, duty, obligation
or undertaking established herein.
~
Section 9.7 Counterparts. This Agreement may be signed in multiple counterparts
which, when signed by all Parties, shall constitute a binding agreement. This Agreement is
executed in five (5) originals, each of which is deemed to be an original.
Section 9.8 Other Agreements. The obligations of the Owner hereunder shall be that
of a Party hereto. Nothing herein shall be construed as affecting the City's or the Owner's rights
or duties to perform their respective obligations under Improvement Agreements or other
agreements, use regulations or subdivision requirements relating to the development of property
within the District. This Agreement shall not confer any additional rights, or waive any rights
given, by either Party hereto under any development or other agreement to which they are a
party.
Section 9.9 Titles and Captions. Titles and captions are for convenience of reference
only and do not define, describe or limit the scope or the intent of this Agreement or of any of its
terms. References to section numbers are to sections in this Agreement, unless expressly stated
otherwise.
Section 9.10 Interpretation. As used in this Agreement, masculine, feminine or neuter
gender and the singular or plural number shall each be deemed to include the others where and
when the context so dictates. The word "including" shall be construed as if followed by the
words "without limitation." This Agreement shall be interpreted as though prepared jointly by
both Parties.
/"'"'-
45712054.2
18
AGENDA ITEM NO. )?-.
PAGE~OF 37
Section 9.11 No Waiver. A waiver by either Party of a breach of any of the covenants,
conditions or agreements under this Agreement to be performed by the other Party shall not be
construed as a waiver of any succeeding breach of the same or other covenants, agreements,
restrictions or conditions of this Agreement.
.~
Section 9.12 Modifications. Any alteration, change or modification of or to this
Agreement, in order to become effective, shall be made in writing and in each instance signed on
behalf of each Party.
Section 9.13 Severability. If any term, proVISIon, condition or covenant of this
Agreement or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the application of the term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it is
held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the
fullest extent permitted by law.
Section 9.14 Computation of Time. The time in which any act is to be done under this
Agreement is computed by excluding the first day (such as the day escrow opens), and including
the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also
excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of
the California Government Code. If any act is to be done by a particular time during a day, that
time shall be Pacific Time Zone time.
Section 9.15 Legal Advice. Each Party represents and warrants to the other the
following: it has carefully read this Agreement, and in signing this Agreement it does so with ........,
full knowledge of any right which it may have; it has received independent legal advice from its
legal counsel as to the matters set forth in this Agreement, or has knowingly chosen not to
consult legal counsel as to the matters set forth in this Agreement; and, it has freely signed this
Agreement without any reliance upon any agreement, promise, statement or representation by or
on behalf of the other Party, or its respective agents, employees, or attorneys, except as
specifically set forth in this Agreement, and without duress or coercion, whether economic or
otherwise.
Section 9.16 Cooperation. Each Party agrees to cooperate with the other in this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
including, but not limited to, releases or additional agreements.
Section 9.17 Conflicts of Interest. No member, official or employee of the City shall
have any personal interest, direct or indirect, in this Agreement, nor shall any such member,
official or employee participate in any decision relating to the Agreement which affects his
personal interests or the interests of any corporation, partnership or association in which he is
directly or indirectly interested.
Section 9.18 Non-Liability of Officials and Employees of City. No member, official
or employee of the City shall be personally liable to the Owner, or any successor in interest, in
the event of any Default or breach by the City or for any amount which may become due to the
......;
45712054.2
19
ACENDA ITEM NO. J ~
PAGE ~~ OF ~7
.....--
Owner or its successors, or on any obligations under the terms of this Agreement. The Owner
hereby waives and releases any claim it may have against the members, officials or employees of
the City with respect to any Default or breach by the City under this Agreement or for any
amount under this Agreement which may become due to Owner or its successors, or on any
obligations under the terms ofthis Agreement.
Section 9.19 Notice of Special Tax. The Owner, or the successor or assigns of the
Owner, shall prepare and provide written notice to all potential purchasers or lessees, if the
special taxes are to be passed through to such lessees, of lots in the form prescribed by California
Government Code Section 53341.5 advising the potential owner or lessee, as applicable, of the
fact of the proposed or confirmed District, with said document being executed by the potential
purchaser or lessee, as applicable. Such notice shall be provided to the potential purchaser or
lessee, as applicable, before the potential purchaser becomes contractually committed to
purchase the lot or the lessee enters into the lease of the lot so that the potential purchaser or
lessee, as applicable, may knowingly consider the impact of the special tax in the decision to
purchase or lease the lot.
"....--.
",.--
45712054.2
20
AGENDA ITEM NO. \ 0-
PAGE do. LLOF "'2. J
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
respective dates set forth below. "'"
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Dated:
, 2006
By:
Mayor
ATTEST:
FREDERICK RAY, CITY CLERK
By:
FREDERICK RAY
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.C.
City Attorney
'-'
By:
BARBARA ZEID LEIBOLD
"OWNER"
LENNAR HOMES OF CALIFORNIA,
INC., a California corporation
Dated:
,2006
By:
Its:
WASSON CANYON HOLDINGS, LLC,
a Delaware limited liability company
Dated:
, 2006
By:
Its:
"'"
45712054.2
21
ACiENDA ITEM NO.-' 2...
PACE d5 OF .3 7
.
~
EXHIBIT A-l
ELIGIBLE PUBLIC FACILITIES AND FEES LIST
The following public works cost categories are eligible for reimbursement/acquisition as
Discrete Components of a Public Facility and are eligible for payment as Fees.
CITY OF LAKE ELSINORE FEES (1)
Including but not limited to the following: Park Capital Mitigation Fee, Storm Drain
Capital Fee, City Hall / Public Works Fee, Conununity Center Fee, Marina Facilities Fee, $ 4,193,429
Animal Shelter Fee, Fire Facilities Impact Fee, Library Capital Improvement Fee, Traffic
Impact Fee, TUMF Fee, MSHCP Fee
EVMWD FEES (1)
EVMWD Water Impact Fees $ 1,163,080
EVMWD Sewer Impact Fees $ 1,007,334
SUBTOTAL EVMWD FEES = $ 2,170,414
CITY OF LAKE ELSINORE FACILITIES
. Estimated Cost
~
INTRACT STREET IMPROVEMENTS - TRACT NO. 31792 $ **2,413,986
Engineering design, plan check, inspection, permitting, survey, soils testing, construction
management, for the demolition and grading in preparation of the various street, traffic
signage, drainage, lighting, dry utilities, erosion control, landscaping, walls and fencing
improvements and related construction work on all street improvements within the
boundary of Tract No. 31792.
INTRACT STORM DRAIN - TRACT NO. 31792 $ **1,781,532
Engineering design, plan check, inspection, permitting, survey, soils testing, construction
management, for the demolition and grading in preparation of the various street, traffic
signals, median, water, sewer, drainage, dry utilities, erosion control, landscaping, walls,
fencing improvements and related construction work on all storm drain improvements
within the boundary of Tract No. 31792.
SUBTOTAL CITY OF LAKE ELSINORE FACILITIES = $ **4,195,518
** Preliminary estimate, actual value to be determined.
I cm Total
G 10,559,361 I
.,-..
(1) The description of the fees is subject to change. The actual fees to be fmanced through the District
may include additional fees not listed in the above description provided such fees are for the construction and/or
acquisition of public infrastructure and/or other governmental facilities with an estimated useful life of five years or
longer. Estimated costs are subject to change.
A-I
AGENDA ITEM NOo_\ "2-
PA(iE~OF 37
EXHIBIT A-2
LIST OF PUBLIC FACILITIES COMPLETED PRIOR TO
FORMATION OF DISTRICT
[NONE]
A-2
AGENDA ITEM NO. ':':2
PAGE~OF 37
...."
...."
...."
,,-..
EXHIBIT B-1
PAYMENT REQUEST NO._
The undersigned (the "Owner") hereby requests payment in the total
amount of $ for the Public Facilities or Discrete Components (each as defined in the
Funding, Construction and Acquisition Agreement, dated as of February 28, 2006 (the
"Agreement"), by and between the City of Lake Elsinore (the "City"), Lennar Homes of
California, Inc., a California corporation, and Wasson Canyon Holdings, LLC, a California
limited liability company, and described in Exhibit A to that Agreement), all as more fully
described in Attachment 1 hereto. In connection with this Payment Request, the undersigned
hereby represents and warrants to the City and the District as follows (all capitalized terms used
but not otherwise defined herein shall have the respective meanings ascribed to such terms in the
Agreement):
1. He/She is a duly authorized officer of the Owner, qualified to execute this
Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set
forth herein.
/"'"'"
2. To the extent that this Payment Request is with respect to a completed Public
Facility or Discrete Component, the Owner has submitted or submits herewith to the City, if
applicable, as-built drawings or similar plans and specifications for the items to be paid for as
listed in Attachment 1 hereto with respect to any such Public Facility or Discrete Component,
and such drawings or plans and specifications, as applicable, are true, correct and complete.
3. All costs of the Public Facilities or Discrete Components for which payment is
requested hereby are Actual Costs. The items for which payment is requested have not been the
subject of any prior payment request submitted to the City.
4. Supporting documentation (such as third party invoices, lien releases and
cancelled checks) is attached with respect to each cost for which payment is requested.
5. The Public Facilities or Discrete Components for which payment is requested
were constructed in accordance with the requirements of the Agreement.
6. The Owner is in compliance with the terms and provisions of the Agreement and
no portion of the amount being requested to be paid was previously paid.
7. The Purchase Price for the Public Facilities or Discrete Components (a detailed
calculation of which is shown in Attachment 1 hereto for each Public Facility or Discrete
Component) has been calculated in conformance with the terms of Section 4.4 ofthe Agreement.
,,-..
B-1-1
AGENDA ITEM NO. I 0.-
PAGE ~ <l OF:; 7 ~
I hereby declare under penalty of perjury that the above representations and warranties
are true and correct. '-""
OWNER:
CITY:
Payment Request Approved for Submission to
the Fiscal Agent
By:
Authorized Representative of Owner
By:
Director of Community Development
Date:
Date:
'-""
'-""
B-I-2
AGENDA ITEM NO. l:2-
PACE~OF 37
/"""
ATTACHMENT 1
SUMMARY OF PUBLIC FACILITIES AND DISCRETE COMPONENTS
TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _
Ref. No.
Public
Facilitv/Discrete
Component
Actual Cost
Disbursement
Reauested
[List here all Public Facilities or Discrete Components for which payment is requested,
and attach support documentation]
r
/""""'
B-1-3
ACENDA ITEM NO._\ ?-.
PAGE ~O OF .~7
EXHIBIT B-2
PAYMENT REQUEST NO.
~
The undersigned (the "Owner") hereby requests payment in the total
amount of $ for the Fees (as defined in the Funding, Construction and Acquisition
Agreement, dated as of February 28, 2006 (the "Agreement"), by and between the City of Lake
Elsinore (the "City"), Lennar Homes of California, Inc., a California corporation, and Wasson
Canyon Holdings, LLC, a California limited liability company, and described in Exhibit A to
that Agreement), all as more fully described in Attachment 1 hereto. In connection with this
Payment Request, the undersigned hereby represents and warrants to the City and the District as
follows (all capitalized terms used but not otherwise defined herein shall have the respective
meanings ascribed to such terms in the Agreement):
1. He/She is a duly authorized officer of the Owner, qualified to execute this
Payment Request for payment on behalf of the Owner and is knowledgeable as to the matters set
forth herein. .
2. The items for which payment is requested have not been the subject of any prior
payment request submitted to the City.
3. The Owner is in compliance with the terms and provisions of the Agreement and
no portion ofthe amount being requested to be paid was previously paid.
I hereby declare under penalty of perjury that the above representations and warranties
are true and correct.
......"
OWNER:
CITY:
Payment Request Approved for Submission to
the Fiscal Agent
By:
By:
Director of Community Development
Authorized Representative of Owner
Date:
Date:
......"
B-2-l
AOENDA ITEM NO. }?-
PAGE~OF ~ 7
"'"'
,-.
r-
ATTACHMENT 1
SUMMARY OF FEES TO BE PAID AS PART OF PAYMENT REQUEST NO.
Fee Category
Amount ReQuested No. and Description
of Lot sID Us for
which Fees Requested
B-2-2
AGENDA ITEM NO.--' ?-.
PAGE sa. OF .~J
-
EXHIBIT C
FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT
......",
Pursuant to a Funding, Construction and Acquisition Agreement dated as of February 28,
2006 (the "Agreement") by and between the City of Lake Elsinore ("City"), Lennar Homes of
California, Inc., a California corporation, and Wasson Canyon Holdings, LLC, a California
limited liability company, which Agreement is hereby incorporated herein by this reference, and
for good and valuable consideration, receipt of which is hereby acknowledged, the undersigned
agree as follows (all capitalized terms used but not otherwise defined herein shall have the
respective meanings given to such terms in the Agreement):
I. The assignment and assumption provided for under this Assignment and
Assumption Agreement ("Assignment") is made together with the sale, transfer or assignment of
all or a part of the property subject to the Agreement. The property sold, transferred or assigned
together with this Assignment is included within the District and described in "Attachment I"
attached hereto and incorporated herein by this reference (the "Subject Property").
2. , as the assignor hereof (the "Assignor") hereby grants, sells,
transfers, conveys assigns and delegates to ("Assignee"), all of Assignor's
rights, title, interest, benefits, privileges, duties and obligations arising under or from the
Agreement with respect to the Subject Property and the Public Facilities or Discrete Components
authorized to be funded with respect to the District except for the following:
3. Assignee hereby accepts the foregoing assignment and unconditionally assumes ......"
and agrees to perform all of the duties and obligations of Assignor arising under or from the
Agreement as owner of the Subject Property.
4. The sale, transfer or assignment of the Subject Property and the assignment and
assumption provided for under this Assignment are the subject of additional agreements between
Assignor and Assignee. Notwithstanding any term, condition or provision of such additional
agreements, the rights of the City arising under or from the Agreement and this Assignment shall
not be affected, diminished or defeated in any way, except upon the express written agreement of
the City.
5. Assignor and Assignee execute this Assignment pursuant to Section 9.4 of the
Agreement, and the City evidences its consent to this Assignment by signing below.
......",
C-I
AGENDA ITEM NO. 1 2.
PAGE 33 OF."\ ,
r'
IN WITNESS WHEREOF, the parties have executed this Assignment on
ASSIGNOR:
By:
Name:
Title:
ASSIGNEE:
By:
Name:
Title:
r--
CITY:
CITY OF LAKE ELSINORE
By:
Its: City Manager
r-..
C-2
ACENDA ITEM NO..J:2
PACE~OF J7
ATTACHMENT 1
DESCRIPTION OF SUBJECT PROPERTY
C-3
AGENDA ITEM NO.....) -?-
PACE }, 5 OF':; 7
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'-'
.....,
I""'"-
EXHIBIT "D"
DESIGN, BID AND CONTRACT REQUIREMENTS
FOR CITY IMPROVEMENTS
Desie:D Phase
A. Only design costs directly related to the Public Facility to be acquired are eligible for
inclusion.
BiddiDe: Phase
A. Bidding Documents. Unless otherwise noted, the bidding documents shall conform to the
following minimum requirements:
1. Unless impractical due to the nature of the Public Facility, the bid proposal shall
be unit priced rather than lump sum or time and materials. A.C. pavement, base and sub-base
shall be bid on a square foot per inch thickness basis.
2. It is recommended that the bidding documents require the bidder/contractor to
provide the following bonds:
a: Bid Bond - 10% ofthe amount ofthe bid.
/'"
3. The bidding documents shall require the successful bidder to provide evidence of
comprehensive public liability insurance in the amount of at least $1,000,000 prior to the award
of the contract.
4.
contractor.
The bidding documents shall provide for monthly progress payments to the
5.
The contractor shall be required to pay prevailing wages.
6. The bidding documents must clearly state the time, date, and place where bids are
to be submitted and opened.
7. The bidding documents shall clearly state the amount oftime to complete the
work. The time allowed must be reasonable for the amount of work. Accelerated construction
time allowances must be supplement ally bid, and are not eligible for public finance unless
previously approved by the City.
B. Owner shall keep a log of all persons obtaining bidding documents, and their mailing
address.
C. Addenda shall be mailed by first class mail to all bidding document holders and the
Director.
",..-.-
D-l
ACENDA ITEM NO..-J '2-
PACE~OF .~ I
D. Submitted bids shall be in sealed envelopes.
E.
Bids shall not be accepted after the stated time for submission.
.....;
F. Bid opening shall be conducted by the Owner at the Owner's place of business or other
site mutually acceptable to the Owner and Director.
G. Sealed bids shall be opened and read aloud immediately following the submission time.
A City representative shall be invited to attend the bid opening.
H. Conditioned bids, unless the bid proposal lists them for all to bid on, shall not be
accepted.
1. The arithmetic of the two lowest bid proposals received shall immediately be checked for
errors.
J. A tabulation of all bids received shall be provided to the Director.
K. Award shall be made to the lowest responsible bidder within a reasonable period of time.
L. A preconstruction meeting shall be held with the contractor prior to beginning the work.
A City representative shall be invited to attend the meeting.
M. The Notice to Proceed shall be issued within a reasonable period of time following the
contract execution.
.....;
Construction Phase
A. The Director shall be provided a copy ofthe construction schedule.
B. Owner shall require the contractor to conduct weekly construction status meetings to
which a City representative shall be invited.
C. Any additional costs incurred for the benefit ofthe Owner, such as accelerating the
construction schedule, shall not be eligible for public financing unless previously approved by
the City.
D. Any additional construction costs incurred due solely to delays caused by the Owner shall
not be eligible for public financing.
E. All contracts and construction related records shall be available to the City as and when
required for the final determination of eligible costs for the public financing.
General
The above rules shall be applied to all Public Facilities proposed to be acquired through the
Community Facilities District. Any deviation from the rules must be approved by the Director.
""""
D-2
ACENDA ITEM NO..-J ?.
PACE 17 OF ~ 7
/"""'
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 14, 2006
SUBJECT:
RESOLUTION INITIATING PROCEEDINGS AND
APPROVING THE ENGINEER'S REPORT FOR CITY
OF LAKE ELSINORE LANDSCAPE AND STREET
LIGHTING DISTRICT NO.1 - ZONE 5, PHASE 2,
DECLARING THE CITY'S INTENTION TO INCREASE
ASSESSMENTS AND TO LEVY AND COLLECT
ASSESSMENTS, DETERMINING THAT THESE
PROCEEDINGS SHALL BE TAKEN PURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972
AND THE RIGHT TO VOTE ON TAXES ACT, AND
OFFERING A TIME AND PLACE FOR HEARING
OBJECTIONS THERETO
/""""'
BACKGROUND
As a condition of approval, the City required the Rosetta Canyon development to
, be annexed into the Landscape and Street Lighting District No.1. New
developments are annexed into Landscape and Street Lighting District No. 1 if a
development will have public right-of-way landscaped areas maintained by the
City or if there are more than three street lights in the public right-of-way. The
Rosetta Canyon development was annexed into the District on February 8, 2005.
Since that time, the development has undergone a change in the street lighting
design, increasing the number of street lights to be constructed than was originally
anticipated. Therefore, the anticipated cost of maintenance for the street lighting
system within Phase 2 (Tract 25476 and 25477) of the development has increased.
The assessment rates for this area need to be increased to cover the cost of the
maintenance.
. ..---
AOENDA ITEM NO. ,.3
PACE-L-OF a. ~
REPORT TO CITY COUNCIL
MARCH 14, 2006
PAGE 2
......,
DISCUSSION
Attached is the Engineer's report for the Lake Elsinore Landscape and Street
Lighting Maintenance District No. I (Rosetta Canyon - Zone 5, Phase 2) prepared
by Harris and Associates. The Zone 5, Phase 2 development contains 144 street
lights. The total annual cost of operations and maintenance for street lights is
estimated at $26,956.90 or $53.59 per dwelling unit. The estimated cost for the
first year includes a 50% reserve of$13,277.52. The total including the reserve
increases the first year assessment to $40,234.42 or $80 per dwelling unit. The
1972 Act requires that a special fund be set up for the revenues and expenditures of
the District and each annexation or zone tracked separately. Any balance or deficit
remaining on July 1 must be carried over to the next fiscal year.
The City Council may approve up to a two percent (2%) fixed rate adjustment
annually. The rate adjustment will adjust the Maximum rate but not necessarily ......,
the assessment rate. If costs begin to exceed assessment revenue, the City Council
may increase the assessment up to the Maximum.
FISCAL IMPACT
The City is not negatively impacted by the increased assessments or continuation
of the district. In addition to the operating costs of the district, the special tax
would be levied annually to sufficiently finance the costs of administering the levy,
collection of the special tax and all other costs of the levy of the special tax.
The City will be, however, positively impacted with the funding for street lighting
maintenance and electricity.
PROCESS
The assessment increase for Zone 5, Phase 2 of the Landscape and Street Lighting
District No. 1 requires a specific process as outlined in the attached resolution.
The City Council will need to hold a public hearing on the assessment increase for
......,
AOENDA ITEM NO. \ 3-
PAGE ~ ~
",.......
t
,
I.
P~ASE 1
PHASE 2
{>.ll~I.~[f~:~f!.b'St;.
~HOWl
:!-tf-t:lliJlO
SoIS-1U.(q1
ltt4" 001
~l-t"U''Q
l>4S-1lt.(>)l
ltt-4"H~
~I-'''~I$
SoI...u~~vl
3ft4UOOl
l-f!-4)l fI\)I\
14S-m.ol~
llunOl6
~t"n(of.
~r'\'\
~I;#i
1C~
'WalIl''' ....
.......
L.liD5
............
-_..~
r' The parcel numbers above correspond to the Assessor's maps ofthe Assessor of the County of Riverside
for Fiscal Year 2005-06.
; ,
\
PROJECT
\/tCNTr MAP
NO~
Landscape and Street Lighting Maintenance District No.1
I"""" Rosetta Canyon - Zone 5
Assessment Diagram
Page 1 of 1
AGENDA ITEM NO. \~
PAGE ~ OF ~~
REPORT TO CITY COUNCIL
MARCH 14,2006
PAGE 3
......"
Zone 5, Phase 2 and the participating property owner will have the opportunity to
vote. The public hearing can be scheduled for April 11, 2006.
RECOMMENDATION
It is recommended that City Council:
1. Approve the Engineer's Report for LLMD No.1 - Zone 5, Phase 2
2. Adopt the Resolution 2006 - .3.l declaring the Intention to Increase
Assessments for LLMD No.1 - Zone 5, Phase 2
3. Schedule the public hearing on the assessment increase for April 11, 2006
PREPARED BY: ~~
MATT N. PRESSEY
DIRECTOR OF ADMINISTRATIVE SERVICES
......"
APPROVED FOR
AGENDA BY:
'-""
ACENDA ITEM NO. l-6
PACE Lf OF ~~
~
RESOLUTION NO. 2006-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, INITIATING PROCEEDINGS
AND APPROVING THE ENGINEER'S REPORT FOR CITY OF
LAKE ELSINORE LANDSCAPE AND STREET LIGHTING
DISTRICT NO.1 - ZONE 5, PHASE 2, DECLARING THE CITY'S
INTENTION TO INCREASE ASSESSMENTS AND TO LEVY AND
COLLECT ASSESSMENTS, DETERMINING THAT THESE
PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT
TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE
FOR HEARING OBJECTIONS THERETO
WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the
provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the Streets
and Highways Code of the State of C~lifornia (the "Act"), desires to initiate proceedings
for the increase in assessments for Landscape and Street Lighting District No.1 - Zone 5,
Phase 2 (the "District"), and declares the City's intention to order the levy and collection
of annual assessment within Zone 5, Phase 2 for Fiscal Year 2006/2007 for the purposes
provided therefore in the Act; and
r--
WHEREAS, Centex Homes (hereinafter referred to as the "Developer") is the
sole owner of that certain real property located in the City of Lake Elsinore, County of
Riverside, State of California, more particularly described as follows:
Legal Description:
Tracts 25476 and 25477, in the City of Lake Elsinore, County of Riverside, State
of California, currently known as Assessor Parcel No.' s 349-240-069, 349-400-020, 021,
349-410-001,002,003,004,016,349-420-001,002,349-430-006,014,016,019; and
WHEREAS, the Developer is developing the Property as a single family
residential development (hereinafter referred to as the "Project"); and
WHEREAS, the improvements to be installed, constructed, or maintained within
Zone 5, Phase 2 may include installation, construction, or maintenance of any authorized
improvements under the Act, including, but not limited to, streetlight improvements and
any facilities which are appurtenant to any of the aforementioned or which are necessary
or convenient for the maintenance or servicing thereof; and
WHEREAS, Section 22608 of the Act limits the requirement for the resolutions,
Engineer's Report, notices of hearing, and right of majority protest under the Act to the
r-
ACENDA ITEM NO.
PAGE S
\3
OFa3
CITY COUNCIL RESOLUTION NO. 2006-
Page2of5 -
territory included within Zone 5, Phase 2 and waives these requirements with the written
consent of all of the owners of property within Zone 5, Phase 2; and
,...,
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby
require that a notice of the proposed assessment along with a ballot shall be mailed to all
owners of identified parcels within Zone 5, Phase 2 and that the agency shall conduct a
public hearing not less than 45 days after the mailing of said notice; and
WHEREAS, Zone 5, Phase 2 consists of the development known as Assessor
Parcel No.'s 349-240-069, 349-400-020, 021, 349-410-001, 002, 003, 004, 016, 349-420-
001,002,349-430-006,014,016, 019; and
WHEREAS, the developer has submitted a petition to the City requesting an
increase in the assessment for Zone 5, Phase 2 in Landscape and Street Lighting District
No.1; and
WHEREAS, the developer, as stated in the petition, may waive all statutory
notices of hearing and rights of majority protest by any interested property owners within
Zone 5, Phase 2; and
WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is
designated Landscape and Street Lighting Maintenance District No.1 - Zone 5 and an ~
assessment showing the property which is benefited by the construction of the
improvements and the amount to be assessed against each of the parcels within Zone 5,
Phase 2; and
WHEREAS, the City has ordered the preparation of an Engineer's Report in
accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Streets
and Highways Code giving a description of the assessment increase; and
WHEREAS, the Engineer's Report, diagram, and assessments have been
approved and filed with the City Clerk and are open to public inspection and may be
referred to for all details regarding the improvements, the boundary of Zone 5, the
assessments, total costs, and description of the parcels to be assessed; and
WHEREAS, this City Council has examined and considered the Engineer's
Report, diagram, assessments, and the proceedings prior thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That the above recitals are true and correct.
~
AGENDA ITEM NO. L3-
PAGE ~ ~
CITY COUNCIL RESOLUTION NO. 2006-_
Page 3 of5
,--
SECTION 2. The City Council hereby finds (1) that the public interest,
convenience, and necessity require the maintenance of a street lighting system; and (2)
declares its intention to order the increase of assessments and to levy and collect
assessments against the assessable lots and/or parcels of land within Zone 5, Phase 2 for
that portion of the fiscal year commencing July 1, 2006 and ending June 30, 2007, to pay
the costs and expenses of the maintenance of improvements described below. If the
assessments proposed by this resolution are approved by the property owners pursuant to
a mailed ballot election conducted in accordance with Article XIII D of the California
Constitution, the City Council in subsequent fiscal years may thereafter impose the
assessment at any rate or amount that is less than or equal to the amount authorized for
Fiscal Year 2006/2007, without conducting another mailed ballot election.
SECTION 3. That the City Council hereby proposes to increase assessments
within Zone 5, Phase 2 of Landscape and Street Lighting District No.1 located at Tracts
25476 and 25477, also known as Assessor Parcel No.'s 349-240-:069, 349-400-020,021,
349-410-001,002, 003, 004, 016, 349-420-001, 002,349-430-006,014,016,019, and to
levy annual assessments thereon to provide for the following work:
Installation, construction, or maintenance of any authorized improvements under
r' the Act, including, but not limited to, streetlight improvements and any facilities which
are appurtenant to any of the aforementioned or which are necessary or convenient for the
maintenance or servicing thereof.
SECTION 4. That the Property Owner has provided the City Council of the City
of Lake Elsinore a petition fully signed and notarized, waiving all statutory notices of
hearing and notice periods, granting the City the right to maintain and service the
improvements and gives consent to the establishment of an assessment for the proposed
assessment increase in an amount reasonably determined by the City to cover all costs
and expenses incurred for the continued maintenance, operation, and servicing of the
improvements.
SECTION 5. A Diagram for the District (Section 22570 of the Streets and
Highways Code) and an assessment (Section 22572 of the Streets and Highways Code)
showing the area benefited and assessed for the improvements has been prepared as
Exhibit "A." The diagram, assessment, and improvement plans have been filed with the
City Clerk.
SECTION 6. That the City Council is satisfied with the correctness of the
diagram and assessment, including the proceedings and all matters relating thereto.
SECTION 7. That notice is hereby given that on the 11th day of April, 2006, at
the hour of 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers, in
,"'--"
AGENDA ITEM NO. \ 3
PAGE 7 OF ~ 7,
CITY COUNCIL RESOLUTION NO. 2006-_
Page 4 of5
the City of Lake Elsinore, the City will hold a public hearing to receive and tabulate all
ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution.
.....,
SECTION 9. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 14th day of March, 2006, by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
.....,
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
.....,
ACENDA ITEM NO.l 3
PACE g OF ~~
,....-.-
EXHIBIT A
LAKE ELSINORE LANDSCAPE AND STREET LIGTHTING
MAINTENANCE DISTRICT NO.1
(ROSETTA CANYON - ZONE 5, PHASE 2
~
, ,....-.-,
AGENDA ITEM NO. \ S
PAGE---1-.=OF ~ ~
PHASE 2
......."
P"'ASE 1
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The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside
for Fiscal Year 2005-06.
......."
Landscape and Street Lighting Maintenance District No. 1
Rosetta Canyon - Zone 5
Assessment Diagram
Page 1 of 1
......."
AGENDA ITEM NO.-1.-3
PACEJ 0 OF a L,
Engineer's Report
for the
Lake Elsinore
Landscape and Street Lighting
Maintenance District No.1
(Rosetta Canyon - Zone 5, Phase 2)
City of Lake Elsinore
Riverside County, California
Prepared by:
. Harrfs & Associates
March 3, 2006
AGENDA !TEll NO. \ _~
PAGE I ( OF ~
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
March 3, 2006
Page i
ENGINEER'S REPORT
for the LAKE ELSINORE
LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1
(ROSETTA CANYON - ZONE 5, PHASE 2)
J
The undersigned respectfully submits the enclosed report as directed by the City Council. The
undersigned certifies that she is a Professional Engineer, registered in the State of California.
DATED: March 3, 2006
B~-
R.C.E. No. 41965
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Diagram thereto attached, was filed with me on the _ day of , 2006.
City Clerk, City of Lake Elsinore
Riverside County, California
By
J;
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Diagram thereto attached, was approved and confirmed by the City Council of the City of Lake
Elsinore, California, on the _ day of , 2006.
City Clerk, City of Lake Elsinore
Riverside County, California
By
J
q:\eJsinore\Jlmd1\formationlnew district\roselta canyon ph 211md engineer's report. doc
ACENDA ITEM NO. \ 3
PAGE-' ~ OF ~~
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
March 3, 2006
Page ii
-----
ENGINEER'S REPORT
for the LAKE ELSINORE
LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1
(ROSETTA CANYON - ZONE 5, PHASE 2)
TABLE OF CONTENTS
Certificates................................................................. .................... .................... i
/"'"
Report ............. ..... .... ...... ........ ..... ............ .......... .... .................... ........................ 1
Part A - Plans and Specifications .........................................................3
Part B - Estimate of Cost...................................................................... 5
Part C - Assessment Roll.. ......... ..... ..... ...... ..... .......... .............. ..............6
Part D - Method of Apportionment of Assessment .............................. 7
Part E - Property Owner List................................................................ 9
Part F - Assessment District Boundary ..................................:.............. 9
-----
q:\elsinore~lmd1\formation\new district\rosetta canyon ph 2 IImd enginee~s report.doc
ACENDA ITEM NO. \ 3
PACE~OF d.~
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street lighting Maintenance District No.1
March 3, 2006
Page 1
CITY OF LAKE ELSINORE
""'"
ENGINEER'S REPORT
Prepared Pursuant to the Provisions of the Landscaping and
Lighting Act of 1972 (California Streets and Highways Code
Section 22500 through 22679), Article XIIID of The California
Constitution, and The Proposition 218 Omnibus Implementation
Act (California Government Code Section 53750 Et Seq.)
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, Article
XmD of the California Constitution, the Proposition 218 Omnibus Implementation Act and in
accordance with the Resolution of Initiation adopted by the Council of the City of Lake Elsinore,
State of California, in connection with the proceedings for:
. CITY OF LAKE ELSINORE
LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. I
(ROSETTA CANYON - ZONE 5, PHASE 2)
hereinafter referred to as the "Assessment District" or "District", I, Joan E. Cox, P.E., the authorized
representative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith
the "Report" consisting of six (6) parts as follows:
"-'"
PART A
Plans and specifications for the improvements showing and describing the general nature, location
and extent of the improvements.
PARTB
An estimate of the cost of the proposed improvements for FY 2006-07, including incidental costs and
expenses in connection therewith.
PARTC
An assessment of the estimated cost of the improvements on each benefited lot or parcel of land
within the Assessment District.
""'"
q:\elsinore~lmd1\formation\new districtlrosetta canyon ph 2 IImd engineer's report.doc
AGENDA ITEM No.--13
PACE 14 OF d:3:>
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
March 3, 2006
Page 2
~
PART D
The method of apportionment of assessments, indicating the proposed assessment of the total amount
of the costs and expenses of the improvements upon the several lots and parcels of land within the
Assessment District, in proportion to the estimated benefits to be received by such lots and parcels.
PART E
A list of the names and addresses of the owners of real property within the Assessment District, as
shown on the last equalized roll ofthe Assessor of the County of Riverside.
PART F
The Diagram of the Assessment District Boundaries showing the exterior boundaries of the
Assessment District, the boundaries of any zones within the Assessment District and the lines and
dimensions of each lot or parcel of land within the Assessment District.
r---
r-
q:\elsinore~lmd1\formalion\new dislrictlrosetta canyon ph 2 IImd engineer's report.doc
AGENDA ITEM NO. \ ~
PAGE_'S OF ~ ~
Rosetta Canyon - Zone 5, Phase 2, City of lake Elsinore
landscape and Street Lighting Maintenance District No.1
March 3, 2006
Page 3
PART A
PLANS AND SPECIFICATIONS
.....",
The facilities will be operated, serviced and maintained as generally described as follows:
DESCRIPTION OF IMPROVEMENTS, FY 2006-07
The facilities to be maintained and serviced include landscaping for the specific Maintenance District
as described herein. Facilities include but are not limited to: landscaping, planting, shrubbery, trees,
turf, irrigation systems, hardscapes, fixtures, and appurtenant facilities, in public rights-of-way,
parkways, slopes and dedicated easements within the boundaries of said Maintenance District.
Zone 1 (the original District) - Encompasses the Water Ridge Development and funds landscape and
street lighting maintenance and operations.
Zone 2 (Annexation No.1) - Encompasses the Elsinore Homes Development and funds landscape
and street lighting maintenance and operations.
Zone 3 (Annexation No.2) - Encompasses the Pepper Grove Development and funds landscape and
street lighting maintenance and operations.
Zone 4 (Annexation No.3) - Encompasses the Serenity Development and funds landscape and street
lighting maintenance and operations.
Zone 5 (Annexation No.4) - Encompasses the Rosetta Canyon Development and funds street
lighting maintenance and operations.
'--'
Zone 6 (Annexation No.5) - Encompasses the La Laguna Phase 3 Development and funds street
lighting maintenance and operations.
Zone 7 (Annexation No.6) - Encompasses Tract 28214 of the Alberhill Ranch Development and
funds street lighting maintenance and operations.
Zone 8 (Annexation No.7) - Encompasses Tract 32670 of the Be1caro Development and funds
landscape maintenance and operations.
Zone 9 (Annexation No.8) - Encompasses Tract 32077 of the La Strada Development and funds
street lighting maintenance and operations.
Zone 10 (Annexation No.9) - Encompasses Tracts 30698 and 32129 of the Clurman-owned
development and funds street lighting maintenance and operations.
Zone 11 (Annexation No. 10) - Encompasses Tract 31920-1 of the Summerly Development and
funds park landscaping and street lighting maintenance and operations.
'--'
q:\elsinore~lmd1\formation\new districtlrosetta canyon ph 2 IImd enginee~s report. doc
ACENDA ITEM NO. \ ~
PACiE~OF ~ L,
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
March 3, 2006
Page 4
,r-
Zone 5 (Annexation No.4 - Chanf!es to Improvements
The requirements of the Rosetta Canyon - Zone 5, Phase 2 development have increased the number
of street lights from the previous estimate of 96 lights to 144 lights. Due to the increased number of
street lights, an increase in the annual assessment amount is proposed for FY 2006-07 in order to keep
up with increased costs to operate and maintain the improvements.
The facilities in Rosetta Canyon - Zone 5, Phase 2 are specifically described as follows:
. Street lights within the public right-of-way (144 street lights)
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance,
operation and servicing of the street lights and appurtenant facilities, including repair, removal or
replacement of all or part of any of the street lights or appurtenant facilities.
Servicing means the maintenance of any of the lighting facilities or appurtenant facilities and the
furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities.
The plans and specifications for the improvements, showing and describing the general nature,
location, and the extent of the improvements, are on file in the office of the Director of Public Works
and are incorporated herein by reference.
r--
~
q:\elsinore~lmd1\formalion\new dislricllrosetta canyon ph 2 IImd enginee~s report. doc
AGENDA ITEM NO~ ~~
PACiE.J 7 OF d..}.,
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
March 3, 2006
Page 5
PART B
ESTIMATE OF COST
~
The estimated cost of the operation, servicing and maintenance of the street lights improvements for
Fiscal Year 2006-07, as described in Part A, are summarized herein and described below.
LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1
ROSETTA CANYON - ZONE 5, PHASE 2
Proposed Bud2et - Fiscal Year 2006-07
Zone 5, Phase 2 Fiscal Year 2006-07 Estimated Costs
Phase 2
Operations and Maintenance
Reserve (50%)
Sub-Total
$26,555.04
$13.277.52
$39,832.56
District Administration
$40 I. 86
Total Estimated Costs
$40,234.42
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the
District by the City may be made to reduce assessments, as the City Council deems appropriate. Any
balance or deficit remaining on July 1 must be carried over to the next fiscal year.
~
"""""
q:\elsinore\llmd1\formationlnew districtlrosetta canyon ph 2 IImd engineer's report. doc
AGENDA ITEM NO. \::3
PAGE.J g OF a:z:,
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
March 3, 2006
Page 6
,-...
PART C
ASSESSMENT ROLL
The total proposed assessment for Fiscal Year 2006-07 and the amount of the total proposed
assessment apportioned to each lot or parcel within Zone 5, Phase 2 of the District, as shown on the
latest assessment roll at the Riverside County Assessor's Office, are contained in the Assessment Roll
provided below.
The description of each lot or parcel is part of the Riverside County assessment roll and this roll is, by
reference, made part of this Report.
Zone 5. Phase 2 - Tract Nos. 25476 & 25477
r'
Assessor's Parcel Number
349-240-001
349-400-020
349-400-021
349-410-00 I
349-410-002
349-410-003
349-410-004
349-410-016
349-420-001
349-420-002
349-430-006
349-430-007
349-430-008
Dwelling Units
FY 2006-07 Max. Asmt
503
$40,240.00*
*The maximum assessment is $5.58 more than the estimated
budget due to rounding of the assessment per dwelling unit.
r--
q:\elsinore~lmd1\formation\new districtlrosetta canyon ph 2 IImd engineer's reporldoc
AGENDA ITEM NO. \ S
PACE-19-0F ~~
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
March 3, 2006
Page 7
PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
"-'
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972,
permits the establishment of assessment district by cities for the purpose of providing certain public
improvements which include construction, operation, maintenance and servicing of street lights,
traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance
assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned
by any formula or method which fairly distributes the net amount among all assessable lots
or parcels in proportion to the estimated benefits to be received by each such lot or parcel
from the improvements."
The 1972 Act permits the designation of zones of benefit within any individual assessment district if
"by reason of variations in the nature, location, and extent of the improvements, the various areas will
receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act
requires the levy of a true "assessment" based on the actual benefit rather than a "special tax."
In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November
1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's
assessment may not exceed the reasonable cost of the proportional special benefit conferred on that
parcel. Article XIIID provides that only special benefits are assessable and the City must separate the
general benefits from the special benefits. Article XIIID also requires that publicly owned property
which benefit from the improvements be assessed.
......"
REASON FOR THE ASSESSMENT
An increase in the assessment is proposed to be levied to pay for the additional costs of the construction,
servicing and maintenance of street lighting and appurtenant improvements within the District.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County
Assessor in the levy and collection of an increased annual assessment after formation of an
assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of
California and Highways Code, Section 22620 to 22631).
Zone 5 (Annexation No.4) was completed in accordance with the requirements of the Landscaping
and Lighting Act of 1972 on February 8, 2005.
The requirements of the Rosetta Canyon - Zone 5, Phase 2 development have increased the number
of street lights from the previous estimate of 96 lights to 144 lights. Due to the increased number of
street lights, an increase in the annual assessment amount is proposed for FY 2006-07 in order to keep
up with increased costs to operate and maintain the improvements.
......"
q:\elsinore~lmdl\formalion\new dislrict\rosella canyon ph 2 IImd engineer's report.doc
ACiENDA ITEM NO.
PAGE ~O
\3
OF~~
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
March 3,2006
Page 8
/""
SPECIAL BENEFIT ANALYSIS
Street Lighting. Proper maintenance and operation of the streetlights benefit all properties within the
District by providing security, safety and community character and vitality as outlined below.
Streetlights provide only incidental benefits to motorists traveling to, from or through the area.
BENEFITS OF STREET LIGHTING
Security and Safety
. Mitigates crime
. Alleviates the fear of crime
. Enhances safe ingress/egress to property
Community Character and Vitality
. Promotes social interaction
. Promotes business and industry
. Contributes to a positive nighttime visual image
Improvements that provide a special benefit to an isolated group of parcels of land located within the
District are considered to be a localized benefit, and the costs associated with these improvements are
assessed to all assessable parcels receiving the localized benefit. Localized benefits include the
construction, operation, servicing and maintenance of the improvements that only benefit the parcels
located within the localized areas.
Localized Improvements - Parcels that have street lighting adjacent to or near their parcels directly
benefit from the improvements and are assessed for the costs of the localized improvements.
~.
ASSESSMENT METHODOLOGY
Zone 5. Phase 2
The parcels of land in Zone 5, Phase 2 are single family residential (SFR) lots, with each of these lots
benefiting equally from the improvements being maintained. Therefore, the costs associated with the
street lighting within and directly adjacent to the development, as shown in Part B of this report, will
be apportioned on a residential lot basis. The table below provides the assessment apportionment for
Zone 5, Phase 2.
SFR
Lots
503
Total Max. Asmt
For District
$40,234.42
* The maximum annual maintenance assessments shall be increased each year by 2%. The actual
assessments levied in any fiscal year will be as approved by the City Council and may not exceed
the maximum assessment rate without receiving property owner approval for the increase.
;1""""
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AGENDA ITEM NO. l 3
PA<iE-AL-OF ~ L.,
Rosetta Canyon - Zone 5, Phase 2, City of Lake Elsinore
Landscape and Street Lighting Maintenance District No.1
March 3, 2006
Page 9
PART E
PROPERTY OWNER LIST
"'"
A list of names and addresses of the owners of all parcels within this District is shown on the last
equalized Property Tax Roll of the Assessor of the County of Riverside, which by reference is hereby
made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the
Assessment Roll, Part C of this Report.
PART F
ASSESSMENT DISTRICT BOUNDARIES
Diagrams showing the exterior boundaries of the District and the lines and dimensions of each lot or
parcel of land within the District are provided on the following page.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions
shown on the maps of the Assessor of the County of Riverside for Fiscal Year 2005-06. The
Assessor's maps and records are incorporated by reference herein and.made part of this report.
"'"
"'"
q:\elsinore~lmd1\tormation\new districtlrosetta canyon ph 2 IImd engineer's report.doc
AOENDArTEM NO~
PACE ~~~
r'
t
PHAGE t
PHASE 21
nw.::T 25477
~
--.-...
--
-
--
--
---
~
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~
~
~
~
MMININ
~.
:IiIMII-mt
J4IooGI<<Cl
~
l4MM4I1
~.
~8
r'
The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside
for Fiscal Year 2005-06.
Landscape and Street Lighting Maintenance District No. 1
Rosetta Canyon - Zone 5
Assessment Diagram
Page 1 of 1
/"'"'"
AOENDAITEMNO.~
PAGE ~~~
;""~
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 14, 2006
SUBJECT:
TENTATIVE PARCEL MAP NO. 33164
BARNEY BISHOP, BISHOP CONSTRUCTION, 17162
ORANGE DRIVE, YORBA LINDA, CA 92886
APPLICANT:
REQUEST
The applicant requests approval of:
. Tentative Parcel Map No. 33164
".....
BACKGROUND
At their regular meeting of February 21, 2006, the Planning Commission adopted the
following Resolution based on the Findings, Exhibits and proposed Conditions of
Approval:
. Resolution No. 2006-13 approving Tentative Parcel Map No. 33164
DISCUSSION
Items of discussion at the Planning Commission Hearing were relatively minor and
related to the site design of the proposed project. Overall, the Commission expressed
satisfaction with the design and layout of the proposed project. Ultimately, it was the
general consensus of the Planning Commission to accept staff's recommendation.
FISCAL IMPACT
The development, including the two industrial buildings under construction on site,
will have a positive fiscal impact to the community and the City.
,-...
AGENDA ITEM NO. ?- \
p~ I ..Of, l~;)--
REPORT TO THE CITY COUNCIL
MARCH 14,2006
Page 2 of2
.......,
RECOMMENDATION
The Planning Commission recommends that the City Council approve the following
application based on the Findings, Conditions of Approval and Exhibits.
1. Resolution No. 2006-JI, approving Tentative Parcel Map No. 33164
PREPARED BY: KIRT A. COURY, PROJECT PLANNER
APPROVED FOR
AGENDA BY:
ATTACHMENTS
1. Vicinity Map.
2. City Council Resolution No. 2006-_, approving Tentative Parcel Map No.
33164
3. City Council Conditions of Approval.
4. Planning Commission, Staff Report, Resolutions, Conditions of Approval, and
Exhibits from the February 21,2006 meeting.
5. Full Size Plans.
.......,
.......,
ACENDA ITEM NO.
PACE d-..
?(
OF ;;L~
~
-
. ~'~r~INrrYMAP
TENTATIVE PARCEL MAP NO. 33164
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. LANNING COMMISSION
FEBRUARY 21, 2006
AGENDA ITEM NO. ?J
PACiE -3 OF :J-;;--
RESOLUTION NO. 2006- S1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING
TENTATIVE PARCEL MAP NO. 33164
,.."
WHEREAS, Byron N. Bishop, Bishop Construction, has initiated proceedings to
approve Tentative Parcel Map No.; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular
meeting held on February 21, 2006 made its report upon the desirability of the proposed
project and made its recommendations in favor of the project by adopting Planning
Commission Resolution No. 2006-13 recommending to the City Council approval of
Tentative Parcel Map No. 33164; and
WHEREAS, public notice of said application has been given, and the City Council
has considered evidence presented by the Community Development Department and
other interested parties at a public hearing held with respect to this item on March 14,
2006.
NOW THEREFORE, THE CITY COUNCIL OF THE City of Lake Elsinore
DOES HEREBY RESOLVE AS FOLLOWS:
....,
SECTION 1. The City Council has considered the proposed project prior to
making a decision to approve Tentative Parcel Map No. 33164. The City Council finds
and determines that pursuant to the California Environmental Quality Act (CEQA), this
project has been deemed exempt pursuant to Section 15315 (Minor Land Divisions). No
further environmental clearance is necessary:
SECTION 2. That in accordance with State Planning and Zoning law and the
City of Lake Elsinore, the following findings for the approval of Tentative Parcel Map
No. 33164 have been made as follows:
1. The proposed subdivision, together with the provISIOns for the design and
improvement, are consistent with the General Plan; Zoning Code; Title 16 of the
Municipal Code relating to Subdivisions; and the State Subdivision Map Act.
The project is consistent with the designated land use planning area, development and
design standards, and all other appropriate requirements contained in the General
Plan, Zoning Code, City Municipal Code, and Subdivision Map Act.
P:\TPM _ 33164(Bishop )\CC RESO.doc
."
AOENDA ITEM NO.
PAGE Lf
2\
OF d-d-
,-.. CITY COUNCIL RESOLUTION
Page 2 of3
TENTATIVE PARCEL MAP NO. 33164
2. The proposed subdivision is compatible with the objectives, policies, general land
uses and programs specified in the General Plan (Government Code Section 66473.5).
The project is consistent with the land use plan, development and design standards
and programs, and all other appropriate requirements contained in the General Plan.
3. The effects this proposed subdivision is likely to have upon the housing needs of the
region, the public service requirements of its residents, and the available fiscal and
environmental resources have been considered and balanced.
The project is consistent with the City's General Plan and Zoning Code, will provide
necessary public services and facilities, will pay all appropriate fees, and will not
result in any adverse environmental impact.
4. The design of the subdivision provides to the greatest extent possible, for future
passive or natural heating or cooling opportunities in the subdivision (Government
Code Section 66412.3).
,-.
The project will comply with all appropriate conservation requirements of the City
and Uniform Building Code.
PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City
Council of the City of Lake Elsinore, California approval of Tentative Parcel Map No.
33164
PASSED, APPROVED AND ADOPTED this 14th day of March 2006, by the
following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
,,-..
P:\TPM_33J64(Bishop)\CC RESO.doc
AGENDA ITEM.~~. Q-l
PAGE S OF d-~
CITY COUNCIL RESOLUTION
Page 3 of3
TENTATIVE PARCEL MAP NO. 33164
ATTEST:
Frederick Ray, Deputy City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Like Elsinore
(SEAL)
P:\TPM_33164(Bishop)\CC RESO.doc
'-'
Robert Magee, Mayor
City of Lake Elsinore
'-'
'-'
AGENDA ITEM NO. '2-\
PAGE ? Of :;)...;;)-
./"""'
1. The applicant shall defend (with counsel acceptable to ~e City), indemnify, and hol~ hann1~ss the
City, its Officials, Officers, Employees, Agents, and Its Consultants from any claim, ~ctIon, ?r
proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aSIde, V~Id,
or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerrung
implementation and construction of Tentative Parcel Map No. 33164, which action is bought
within the time period provided for in California Government Code Sections 65009 and! or
66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of
any such claim, action, or proceeding against the City and will cooperate fully with the defense.
TENTATIVE PARCEL MAP NO. 33164
2. Tentative Parcel Map No. 33164 will expire two (2) years from date of approval unless within that
period of time an appropriate instrument has been filed and recorded with the County Recorder, or
an extension of time is granted by the City of Lake Elsinore City Council in accordance with the
Subdivision Map Act and the LEMC
3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall
comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless
r-- modified by approved Conditions of Approval.
4. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified
herein and approved by the Planning Commission and the City Council shall be installed, or
agreements for said improvements, shall be submitted to the City for approval by the City
Engineer, and all other stated conditions shall be complied with. All uncompleted improvements
must be bonded for as part of the agreements.
5. All lots shall comply with minimmn standards contained in the LEMC
6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC
7. The applicant shall comply with all conditions of the Riverside County Fire Department.
8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
9. The applicant shall comply with the following City programs: the City Source Reduction and
Recycling Element and Household Hazardous Waste Element, the County Solid Waste
Management Plan and Integrated Waste Management Plan.
10. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve
letter) to the City Engineer, for all required utility services.
/"""' 11. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified
School District (LEUSD) prior to issuance of building permits.
ACENDA ITEM NO. 2J
PACE '7 OF ~a--
CONDITIONS OF APPROVAL
Page 2 of 5
TENTATIVE PARCEL MAP NO. 33164
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12. The applicant shall pay all applicable fees including park fees.
13. The applicant shall meet all requirements of the providing electric utility company.
14. The applicant shall meet all requirements of the providing gas utility company.
15. The applicant shall meet all requirements of the providing telephone utility company.
16. A bond is required guaranteeing the removal of all trailers used during construction.
17. Prior to issuance of a certificate of occupancy, the applicant shall prepare and record CC&R's
against the limited manufacturing business park requested herein. The CC&R's shall be reviewed
and approved by the Community Development Director or Designee and the City Attorney. The
CC&R's shall include methods of maintaining common areas, parking and drive aisle areas,
landscaped areas including parkways, and methods for common maintenance of all underground,
and above ground utility infrastructure improvements necessary to support the complex. In
addition, CC&R's shall established methods to address design improvements.
18. Each building owner shall have full access to commonly owned areas (parking), facilities and
utilities. .
19. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not
commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity
shall not take place on Saturday, Sunday, or any Legal Holidays.
.....,
ENGINEERING
21. AIl Public Works requirements shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
22. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26).
23. The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the
K-Rat Fee is $910 and the 1UMF is $23,300 ifbuiIding permits are obtained on/after July 1, 2004.
24. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency
stating that water and sewer arrangements have been made for this project. Submit this letter prior
to final map approval.
25. If the existing street improvements are to be modified, the existing street plans on file shall be
modified accordingly and approved by the City Engineer prior to issuance of building permit. An
encroachment permit will be required to do the work.
26. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be
approved and signed by the City Engineer prior to final map approval (LEMC 16.34). .....,
ACiENDA ~O,_2. (
PAtE~OF 9-;;r _
CONDITIONS OF APPROVAL
Page 3 of 5
"..- TENTATIVE PARCEL MAP NO. 33164
27. All parcels shall have direct access to public right-of-way or be provided with a minimum 26-foot
ingress and egress easement to public right-of-way with no on-street p~g from the parcel
boundaries to Minthorn Street by separate instrument or through map recordatIon.
28. The 26 foot easement for access to Parcel Map 33164 must be approved by the Riverside County
Fire Department prior to final map approval.
29. Riverside County Fire Department must approve easement widths and turning radii within the site
prior to fmal map approval.
30. Provide reciprocal access easement to PM 21297.
31. Street improvement plans and specifications shall be prepared by a California Registered Civil
Engineer. Improvements shall be designed and constructed to Riverside County Road Department
Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
32. Applicant shall construct public improvements or enter into an agreement with the City for the
construction of public works improvements and shall post the appropriate bonds prior to fmal map
approval.
,r--- 33. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for
construction of public works improvements (LEMC 12.08 and Resolution 83-78).
34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on
8 Y.1" x 11" Mylar) shall be submitted to the Engineering Division before fmal inspection of public
works improvements will be scheduled and approved.
35. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
36. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
37. Provide fire protection facilities as required in writing by Riverside County Fire.
38. Provide street lighting and show lighting improvements as part of street improvement plans as
required by the City Engineer.
39. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations.
40. Applicant shall submit a traffic control plan showing all traffic control devices for the project to be
approved prior to final map approval. All traffic control devices shall be installed prior to final
inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets
/"'" within the tract.
N.ENDA lTEMr' ':2-\
PAGE OF ;L d-
CONDITIONS OF APPROVAL
Page 4 of 5
TENTATIVE PARCEL MAP NO. 33164
41. All ~provement plans and maps shall be digitized. At Certificate of Occupancy applicant shall
subllllt tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay
$300 per sheet for City digitizing.
....."
42. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving
utility.
43. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A
grading plan signed and stamped by a California Registered Civil Engineer shall be required if the
grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined
by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a
grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be
conducted before grading begins.
44. Provide soils, geology and seismic report including street design recommendations. Provide fmal
soils report showing compliance with recommendations.
45. An AIquis-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on-site.
46. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all
slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater
than 30 feet in height shall be contoured.
."",
47. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property
owners by a letter of drainage acceptance or conveyed to a drainage easement.
48. On-site drainage facilities located outside of road right-of-way should be contained within drainage
easements shown on the final map. A note should be added to the final map stating: "Drainage
easements shall be kept free of buildings and obstructions".
49. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineer.
50. The site is in the Flood Zone AO, FIRM Map 0606362062F Revised August 18, 2003 and building
pads shall be constructed 1 foot above existing adjacent grades.
51. Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
52. Meet all requirements of LEMC 15.68 regarding floodplain management.
53. The applicant to provide FEMA elevation certificates prior to certificate of occupancies.
54. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the
Riverside County Flood Control District prior to approval of final map. Developer shall mitigate ........,
any flooding and/or erosion caused by development of site and diversion of drainage.
ACENOAITEM NO. 2-\
PACE-L~OF d--~-
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CONDITIONS OF APPROVAL
Page 5 of 5
r--- TENTATIVE PARCEL MAP NO. 33164
55. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District
Standards.
56. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain
system, the wording and stencil shall be approved by the City Engineer.
57. Ten year storm runoff should be contained within the curb and the 100 year storm runoff should
be contained within the street right-of-way. When either of these criteria are exceeded, drainage
facilities should be installed.
58. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master
Planned Drainage facilities constructed.
59. Applicant will be required to install BMP's using the best available technology to mitigate any urban
pollutants from entering the watershed. -
60. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional
Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES)
program with a storm water pollution prevention plan prior to issuance of grading permits. The
r- applicant shall provide an SWPPP for post construction which describes BMP's that will be
implemented for the development including maintenance responsibilities.
61. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the
development in the use of herbicides, pesticides, fertilizers as well as other environmental
awareness education materials on good housekeeping practices that contribute to protection of
stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County
NPDES Drainage Area Management Plan.
62. Applicant shall provide first blush BMP's using the best available technology that will reduce storm
water pollutants from parking areas and driveway aisles.
63. Parking lot and roof runoff must go through a filtering system before draining to the public
maintained storm drain and or provide permeable parking lot gutters.
64. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for
irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of
all lots subject to the approval of the director of Community Development & the City Attorney.
The CC& R's shall enforce standards of building maintenance, participation in landscape
maintenance, prohibition of outside vehicle or material storage.
65. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant
shall be required to contract with CR&R Ine. for removal and disposal of all waste material, debris,
r' vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
AGENDA ITEM NO.
IWJE J I
.
2-\
OF2 a-
City ci Lake E1sioon:
Planning Division
130 S. Mail Streel
lake Elsnore, CA 92530
(909) 674- 3124
(909) 471-1419 fax
PLANNING COMMISSION
STAFF REPORT
~
DATE:
Februcuy 21, 2006
TO:
Chairman and Members of the Planning Commission
FROM:
Rolfe M. Preisendanz, Director of CommwIity Development
PREPARED BY:
Kin A. Cowy, Project Planner
PROJECT TITLE:
APPLICANT:
Tentative Parcel Map No.3 3164
Byron N. Bishop, Bishop Construction, 17162 Orange Drive, Yorba .
Linda, CA 92886
REQUEST
'-'"
The subdivision of 1.7-acres of land into two individual parcels pursuant to the requirements of
Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC).
LOCATION
The proposed Tentative Parcel Map site is located at the northwest comer of Minthorn and Birch
Street(s), within the County of Riverside, City of Lake Elsinore.
ENVIRONMENTAL SETTING
Project
Site
North
South
East
West
Industrial Business Park
Industrial Business Park
Vacant
Vacant
C-M (Commercial Manufacturin
M-l imited Manufacturin )
M-l (Limited Manufacturing)
M-l (Limited Manufacturin
Business Park
Business Park
Business Park
Business Park
'-'"
ACENDA ITEM. NO. 2- \
PACE J:A OF ~
,-....
PLANNING COMMISSION STAFF REPORT
February 21, 2006
PAGE 2 of3
PROJECT TITLE: TENTATIVE PARCEL MAP NO. 33164
BACKGROUND
The project was previously scheduled for the Februaty 7, 2006 Planning Commission meeting. Due
to noticing requirements, the project was requested for continuance to the Februaty 21,2006
meeting, thus, the project is being brought back to the Planning Commission for review and
requested approval.
PROJECT DESCRIPTION
The proposed parcel map will subdivide the aforementioned 1.7-acres of limited manufacturing
zoned land into two separate parcels. Parcel No.1 will be .85 acres (37,026 square feet), and Parcel
No.2 will be .85 acres (37,026 square feet).
DISCUSSION
The Planning Commission recommended City Council approval for Industrial Design Review (No. I
2004-02) on August 17, 2004. Subsequently, the City Council approved the Industrial Design
Review (No. I 2004-02) on September 14, 2004. The approvals allow for the ultimate development
and construction of two industrial buildings on the subject property. The applicant is now
proposing to subdivide the identified property for the creation of two individual parcels consistent
with the approved buildings.
r-
The proposed subdivision complies with Chapter 17.56, Limited Manufacturing District, Section 16
"Subdivisions" of the Lake Elsinore Municipal Code, Section(s) 66424 and 66427 of the California
Subdivision Map Act (CSMA).
ENVIRONMENTAL
Pursuant to the California Environmental Quality Act (CEQA), this project has been deemed
exempt pursuant to Section 15315 (Minor Land Divisions). No further environmental clearance is
necessaty.
RECOMMENDATION
It is recommended that the Planning Commission adopt Planning Commission Resolution No.
2006-_, recommending to the City Council approval of Tentative Parcel Map No. 33164, based
on the following Findings, and Exhibit "A", "B", and "e", and subject to the attached Conditions of
Approval.
FINDINGS
1. The proposed subdivision, together with the provisions for the design and improvement, are
",....- consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to
Subdivisions; and the State Subdivision Map Act.
AGENDA ITEM NO. 2. \
PACiE I -3 OF;;2..-a--
PLANNING COMMISSION STAFF REPORT
February 21, 2006
PAGE 3 of 3
PROJECT TITLE: TENTATIVE PARCEL MAP NO. 33164
...."
The project is ansistent with the designatRd !and use p/annin;, area, delX?/opnmt and desitfl standarr/s, and all
otkr appropriate requirr;m:nts containai in the General Plan, Zoning 0xJe, City MunUipal 0xJe, and
Sulxlivisioo Map Aa.
2. The proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
The projrt is ronsistent with the !and use plan, delX?/opnmt and desitfl standarr/s and programs, and all otkr
approprwte requirr;m:nts cantairud in the General P!dn.
3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the
public service requirements of its residents, and the available fiscal and environmental resources
hav~ been considered and balanced.
The project is ronsistentwith the Citys General Plan and Zcning 0xJe, will provide rumsary puhlic services and
facilities, will pay all appropriate fees, and will rwt result in any adrerse envi:rwnmtal imp:rct.
4. The design of the subdivision provides to the greatest extent possible, for future passive or
natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3).
The project will crmplywith all appropriate cun.semttion requirr;m:nts of the City and Uniform Building 0xJe.
'will
PREPARED BY:
Kirt A. Coury, Project Planner
REVIEWED AND
APPROVED BY:
R~NoANZ.D~;~R OF COMMUNITY DEVELOPMENT
EXHIBITS
Anachments
Exhibit 'A'
Exhibit 'B'
Exhibit 'C'
Vicinity Map
Tentative Parcel Map No. 33164
Full Size Exhibits
'will
AGENDA ITEM NO. QJ
PACE I L( OF:J-;}-
"",--
RESOLUTION NO. 2006-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LAKE ELSINORE, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE
PARCEL MAP NO. 33164
WHEREAS, an application has been filed with the City of Lake Elsinore by Byron N.
Bishop, Bishop Construction, to subdivide certain property into two parcels for Limited
Manufacturing lots; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with
the responsibility of making recommendations to the City Council pertaining to the subdivision of
land; and
WHEREAS, public notice of said application has been given, and the Planning Commission
has considered evidence presented by the Community Development Department and other
interested parties at a public hearing held with respect to this item on February 21, 2006;
NOW 1HEREFORE, the Planning Commission of the City of Lake Elsinore DOES
r'- HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has considered the proposed subdivision (TPM
No. 33164), prior to making a decision to recommend that the City Council approve the proposed
subdivision into two Limited Manufacturing lots. The Planning Commission finds and determines
that this project is exempt pursuant to CEQA, which exempts infill projects 5 acres or less.
SECTION 2. That in accordance with State of California Subdivision Map Act, and the
City of Lake Elsinore the following fmdings for the approval of Tentative Parcel Map No. 33164
have been made as follows:
1. The proposed subdivision, together with the provisions for the design and improvement, are
consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to
Subdivisions; and the State Subdivision Map Act.
The project is ansistent with the desifff1tded land use planning area, deuiopnmt and design standards, and all
otkr appropriate requir0rm/5 corztaimri in the General Plan, Zoning Oxie, City Municipal Oxie, and
Sulxlivisim Map Act.
2. The proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
r'
The project is consistent with the land use plan, deuiopnmt and design standards and pvgrams, and aU otlxr
apprvpriate requirenmts contained in the General Plan.
ACENDA 1TEtt! ~_ 2-\
PAGE...!.::L- OF :J-.- CJ-
RESOLUTION NO. 2006-
PAGE NO
....."
3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the
public service requirements of its residents, and the available fiscal and environmental resources
have been considered and balanced.
The projrt is consistent with tIx? Citys General Plan and Zcning Oxle, will prouide rm:ssary public servia:s and
fadities, will pay aU appropriate fees, and will not result in any adw-se envirunJrmtal imprt
4. The design of the subdivision provides to the greatest extent possible, for future passive or
natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3).
The projrt will canplywith aU appropriate crJI1SeJWIion requinmmts of tIx? City and Uniform Building 0xIe.
NOW, lHEREFORE, based on the above findings, the Planning Commission of the City
of Lake Elsinore DOES HEREBY RECOMMEND that the City Council of the City of Lake
Elsinore approve Tentative Parcel Map No. 33164.
Michael ONeal, Chairman
Lake Elsinore Planning Commission
,....,
I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting
thereof conducted on February 21,2006 by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Rolfe M. Preisendanz, Secretary to the
Planning Commission
.......,
AGENDA ITEM NO.
PAOE j(p
A\
OF :J- d-
/""
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the
City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or
proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void,
or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning
implementation and construction of Tentative Parcel Map No. 33164, which action is bought
within the time period provided for in California Government Code Sections 65009 and/or
66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of
any such claim, action, or proceeding against the City and will cooperate fully with the defense.
TENTATIVE PARCEL MAP NO. 33164
2. Tentative Parcel Map No. 33164 will expire two (2) years from date of approval unless within that
period of time an appropriate instrument has been filed and recorded with the County Recorder, or
an extension of time is granted by the City of Lake Elsinore City Council in accordance with the
Subdivision Map Act and the LEMC.
3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall
comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless
r- modified by approved Conditions of Approval.
4. Prior to fmal certificate of occupancy of the Tentative Parcel Map, the improvements specified
herein and approved by the Planning Commission and the City Council shall be installed, or
agreements for said improvements, shall be submitted to the City for approval by the City
Engineer, and all other stated conditions shall be complied with. All uncompleted improvements
must be bonded for as part of the agreements.
5. All lots shall comply with minimum standards contained in the LEMC.
6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
7. The applicant shall comply with all conditions of the Riverside County Fire Department.
8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
9. The applicant shall comply with the following City programs: the City Source Reduction and
Recycling Element and Household Hazardous Waste Element, the County Solid Waste
Management Plan and Integrated Waste Management Plan.
10. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve
letter) to the City Engineer, for all required utility services.
~ 11. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified
School District (LEUSD) prior to issuance of building permits.
ACENDA ITEM NO. 2\
PAGE / 7 OF c9-d-
CONDITIONS OF APPROVAL
Page 2 of 5
TENTATIVE PARCEL MAP NO. 33164
.....,
12. The applicant shall pay all applicable fees including park fees.
13. The applicant shall meet all requirements of the providing electric utility company.
14. The applicant shall meet all requirements of the providing gas utility company.
15. The applicant shall meet all requirements of the providing telephone utility company.
16. A bond is required guaranteeing the removal of all trailers used during construction.
17. Prior to issuance of a certificate of occupancy, the applicant shall prepare and record CC&R's
against the limited manufacturing business park requested herein. The CC&R's shall be reviewed
and approved by the Community Development Director or Designee and the City Attorney. The
CC&R's shall include methods of maintaining common areas, parking and drive aisle areas,
landscaped areas including parkways, and methods for commo.n maintenance of all underground,
and above ground utility infrastructure improvements necessary to support the complex. In
addition, CC&R's shall established methods to address design improvements.
18. Each building owner shall have full access to commonly owned areas (parking), facilities and
utilities.
19. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not
commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity
shall not take place on Saturday, Sunday, or any Legal Holidays.
'-'
ENGINEERING
21. All Public Works requirements shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior to fmal map approval.
22. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26).
23. The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the
K-Rat Fee is $910 and the TIJMF is $23,300 if building pennits are obtained on/after July 1,2004.
24. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency
stating that water and sewer arrangements have been made for this project. Submit this letter prior
to final map approval.
25. If the existing street improvements are to be modified, the existing street plans on file shall be
modified accordingly and approved by the City Engineer prior to issuance of building permit. An
encroachment permit will be required to do the work.
26. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be
approved and signed by the City Engineer prior to final map approval (LEMC 16.34). .....,
AGENDA ITEM NO. 2..\
PACiE J Y OF;;;Ld-
,.-
CONDITIONS OF APPROVAL
Page 3 of 5
TENTATIVE PARCEL MAP NO. 33164
27. All parcels shall have direct access to public right-of-way or be provided with a minimum 26-foot
ingress and egress easement to public right-of-way with no on-street parking from the parcel
boundaries to Minthom Street by separate instrument or through map recordation.
28. The 26 foot easement for access to Parcel Map 33164 must be approved by the Riverside County
Fire Department prior to fmal map approval.
29. Riverside County Fire Department must approve easement widths and turning radii within the site
prior to final map approval.
30. Provide reciprocal access easement to PM 21297.
31. Street improvement plans and specifications shall be prepared by a California Registered Civil
Engineer. Improvements shall be designed and constructed to Riverside County Road Department
Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
32. Applicant shall construct public improvements or enter into an agreement with the City for the
construction of public works improvements and shall post the appropriate bonds prior to final map
approval.
r' 33. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for
construction of public works improvements (LEMC 12.08 and Resolution 83-78).
34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on
8 ~" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public
works improvements will be scheduled and approved
35. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
36. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
37. Provide fire protection facilities as required in writing by Riverside County Fire.
38. Provide street lighting and show lighting improvements as part of street improvement plans as
required by the City Engineer.
39. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations.
40. Applicant shall submit a traffic control plan showing all traffic control devices for the project to be
approved prior to final map approval. All traffic control devices shall be installed prior to fmal
inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets
r' within the tract.
AGENDA ITEM NO. ~ \
PAGE I q OF;).- d-
CONDITIONS OF APPROVAL
Page 4 of 5
TENTATIVE PARCEL MAP NO. 33164
,...."
41. All improvement plans and maps shall be digitized. At Certificate of Occupancy applicant shall
submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay
$300 per sheet for City digitizing.
42. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving
utility.
43. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A
grading plan signed and stamped by a California Registered Civil Engineer shall be required if the
grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined
by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a
grading permit shall still be obtained so that a cursory- drainage and flow pattern inspection can be
conducted before grading begins.
44. Provide soils, geology and seismic report including street design recommendations. Provide final
soils report showing compliance with recommendations.
45. An AIquis-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on-site.
46. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all
slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater
than 30 feet in height shall be contoured.
47. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property
owners by a letter of drainage acceptance or conveyed to a drainage easement.
~
48. On-site drainage facilities located outside of road right-of-way should be contained within drainage
easements shown on the final map. A note should be added to the final map stating: "Drainage
easements shall be kept free of buildings and obstructions".
49. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineer.
50. The site is in the Flood Zone AO, FIRM Map 0606362062F Revised August 18, 2003 and building
pads shall be constructed 1 foot above existing adjacent grades.
51. Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
52. Meet all requirements of LEMC 15.68 regarding floodplain management.
53. The applicant to provide FEMA elevation certificates prior to certificate of occupancies.
54. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the
Riverside County Flood Control District prior to approval of final map. Developer shall mitigate '-""
any flooding and/or erosion caused by development of site and diversion of drainage.
AGENDA ITEM NO. 2 \
PAGE !A 0 OF :L ~
CONDITIONS OF APPROVAL
Page 5 of 5
,,-- TENTATIVE PARCEL MAP NO. 33164
55. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District
Standards.
56. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain
system, the wording and stencil shall be approved by the City Engineer.
57. Ten year storm runoff should be contained within the curb and the 100 year storm runoff should
be contained within the street right-of-way. When either of these criteria are exceeded, drainage
facilities should be installed.
58. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master
Planned Drainage facilities constructed.
59. Applicant will be required to install BMP's using the best available technology to mitigate any urban
pollutants from entering the watershed.
r--
60. Applicant shall provide the city with proof of his having fIled a Notice of Intent with the Regional
Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES)
program with a storm water pollution prevention plan prior to issuance of grading permits. The
applicant shall provide an SWPPP for post construction which describes BMP's that will be
implemented for the development including maintenance responsibilities.
61. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the
development in the use of herbicides, pesticides, fertilizers as well as other environmental
awareness education materials on good housekeeping practices that contribute to protection of
stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County
NPDES Drainage Area Management Plan.
62. Applicant shall provide fIrst blush BMP's using the best available technology that will reduce storm
water pollutants from parking areas and driveway aisles.
63. Parking lot and roof runoff must go through a filtering system before draining to the public
maintained storm drain and or provide permeable parking lot gutters.
64. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for
irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of
all lots subject to the approval of the director of Community Development &. the City Anomey.
The CC& R's shall enforce standards of building maintenance, participation in landscape
maintenance, prohibition of outside vehicle or material storage.
65. In accordance with the City's Franchise Agreement for waste disposal &. recycling, the applicant
shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris,
r vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
ACENDA ITEM NO. ~J _
PAGE ;21 OF:;L d-
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AGENDA ITEM NO. '2.. \
PAGE ;L d- OF d- d-
r-
ORDINANCE NO. 1170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW
ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA N'O. 17 (SUMMERLY) ANNEXED TO SAID
DISTRICT
WHEREAS, on January 24, 2006, the City Council (the "Council") of the City of
Lake Elsinore, California (the "City") adopted Resolution No. 2006-07 stating its
intention to annex certain property ("Annexation Area No. 17 (Summerly)") into City of
Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and
Paramedic Services) (the "District") pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended, (the "Act"); and
WHEREAS, notice was published as required by law relative to the intention of
the Council to annex Annexation Area No. 17 (Summerly) into the District; and
/"'"'"' WHEREAS, on February 28, 2006 this Council held a noticed public hearing as
required by law relative to the determination to proceed with the annexation of
Annexation Area No. 17 (Summerly) into the District and the rate and method of
apportionment and manner of collection of the special tax to be levied within Annexation
Area No. 17 (SummerlY) to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the annexation of Annexation Area No. 17 (Summerly) were heard and a
full and fair hearing was held; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-26 determining the validity of prior proceedings relative to the annexation of
Annexation Area No. 17 (Summerly), annexed Annexation Area No. 17 (Summerly) into
the District and authorized the levy of a special tax within Annexation Area No. 17
(Summerly); and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-27 which called an election within Annexation Area No. 17 (Summerly) for
February 28, 2006 on the proposition of levying a special tax; and
r-
WHEREAS, on February 28, 2006 an election was held within each Annexation
Area No. 17 (Summerly) in which the eligible electors approved by more than two-thirds
vote the proposition of levying a special tax.
ACENDA ITEM NO. ..~ J
PAC~ '_OF.....( n
~
CITY COUNCIL ORDINANCE NO. 1170
Page 2 of3
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE
LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES), DOES ORDAIN AS FOLLOWS:
"-'
SECTION 1. A special tax is levied within the boundaries of Annexation Area
No. 17 (Summerly) pursuant to the formula set forth in Exhibit "A" attached hereto and
incorporated by reference in an amount necessary to finance a portion of the cost of
providing law enforcement, fire and paramedic services that are in addition to those
provided in the territory within Annexation Area No. 17 (Summerly) prior to the
annexation of Annexation Area No. 17 (Summerly) into the District, periodic costs, and
costs of the tax levy and collection.
SECTION 2. This legislative body is hereby further authorized each year, by
resolution adopted as provided in section 53340 of the Act, to determine the specific
special tax rate and amount to be levied for the next fiscal year, except that the special tax
rate to be levied shall not exceed the maximum rate set forth in Exhibit "A."
SECTION 3. All of the collections of the special tax shall be used as provided for.
in the Act and Resolution No. 2006-27 of the Council.
SECTION 4. The above authorized special tax shall be collected in the same
manner as ordinary ad valorem taxes are collected and shall be subject to the same
penalties and the same procedure and sale in cases of delinquency as provided for ad
valorem taxes.
"-'
SECTION 5. The Mayor shall sign this ordinance and the City Clerk shall attest
to such signature. The City Clerk is directed to cause the title and summary or text of the
this ordinance, together with the vote thereon, to be published within fifteen (15) days
after its passage at least once in a newspaper of general circulation published and
circulated within the territorial jurisdiction of the City, and to post at the main office of
the City a certified copy of the full text of the adopted ordinance along with the names of
the Council Members voting for and against the ordinance.
SECTION 6. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance and are hereby declared to be
severable.
SECTION 7. This ordinance relating to the levy of the special tax takes effect
and shall be in force from and after thirty (30) days after the date of its final passage. A
copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of
Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County.
"-'
AGENDA ITEM NO.
PACE .2
3\
OFlO
CITY COUNCIL ORDINANCE NO. 1170
Page 3 of3
,,-.....
The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to
be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th day
of February, 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
14th day of March, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
r'
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
/"'""' Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
. ACENDA ITEM NO. 8 + 0 =
PACE 3 OF ~ !/ -
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
ACENDA ITEM NO. .3 Il-
PACE 4- OF ()
......,
"'"
......,
r--
NOTICE OF ADOPTION OF ORDINANCE NO. 1170
NOTICE IS HEREBY GIVEN that on February 28, 2006, at the Council Chambers of the
City of Lake Elsinore, 183 North Main Street, Lake Elsinore, California 92530, the City
Council of the City of Lake Elsinore, in its capacity as the legislative body of the City of
Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and
Paramedic Services), held a public hearing and adopted Ordinance No. 1170. A
summary of Ordinance No. 1170 follows and is marked as Exhibit "B". At said time and
place the testimony of all interested persons or taxpayers for or against said ordinance
was heard.
Ordinance No. 1170 was adopted by the following vote:
AYES:
COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS: BUCKLEY
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS: NONE
r'
CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE
LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND
PARAMEDIC SERVICES)
Dated:
,2006
By
Frederick Ray, City Clerk
....- .
AGENDA ITEMNO. ,~ \ ~
PACE 5" OF_ lo -
EXHIBIT B
"-""
BEFORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE
AND PARAMEDIC SERVICES)
IN THE MATTER OF
Authorizing the Levy of a
Special Tax Within Annexation
Area No. 17 (Summerly)
Annexed to City of Lake
Elsinore Community Facilities
District No. 2003-1 (Law
Enforcement, Fire and
Paramedic Services)
) ORDINANCE NO.
)
)
)
)
)
)
SUMMARY
The ordinance authorizes levy of an annual special tax within Annexation Area
No. 17 (Summerly) annexed to City of Lake Elsinore Community Facilities District No.
2003-1 (Law Enforcement, Fire and Paramedic Services) (the "District"), collected in the
same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion "'"
of the cost of providing law enforcement, fire and paramedic services that are in addition
to those provided in the territory within Annexation Area No. 17 (Summerly) prior to the
annexation of Annexation Area No. 17 (Summerly) to the District, which is necessary to
meet increased demands placed upon the City as a result of development or rehabilitation
occurring within Annexation Area No. 17 (Summerly).
DATED:
, 2006 CITY OF LAKE ELSINORE
By:
Frederick Ray, City Clerk
......,
,:?. \
AGENDA ITEM NO. J
PAGE Vi OF ( 0
r'
ORDINANCE NO. 1171
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE AUTHORIZING THE LEVY OF A SERVICES
SPECIAL TAX AND A SPECIAL TAX
WHEREAS, on January 24, 2006, the City Council (the "Council") of the City of
Lake Elsinore (the "City") adopted Resolution No. 2006-08 stating its intention to form
the City of Lake Elsinore Community Facilities District No. 2006-1 (Summedy) (the
"CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the
"Act"), to finance a portion of the cost of providing parks, open space and storm drains
maintenance services (the "Services") that are in addition to those provided in the
territory within the CFD prior to the formation of the CFD, and to finance the purchase,
construction, expansion or rehabilitation of certain real and other tangible property with
an estimated useful life of five years or longer, including public infrastructure facilities
and other governmental facilities, which the city is authorized by law to construct, own or
operate (the "Facilities"), and designating portions of the CFD as Improvement Area
No.1, Improvement Area No.2 and Improvement Area No.3; and
r-'
WHEREAS, on January 24, 2006, the Council also adopted Resolution
No. 2006-31 stating its intention and the necessity to incur bonded indebtedness in the
amount of not to exceed $30,000,000, $28,000,000 and $27,000,000 for Improvement
Area No.1, Improvement Area No.2 and Improvement Area No.3, respectively, to be
issued for the purpose of financing the purchase, construction, expansion or rehabilitation
of the Facilities; and
WHEREAS, notice was published as required by law relative to the intention of
the Council to form the CFD and to incur bonded indebtedness in the amount not to
exceed $30,000,000, $28,000,000 and $27,000,000 within the boundaries of
Improvement Area No.1, Improvement Area No.2 and Improvement Area No.3,
respectively, of the CFD; and
WHEREAS, on February 28, 2006, this Council held a noticed public hearing as
required by law relative to the determination to proceed with the formation of the CFD,
the rate and method of apportionment and manner of collection of the special tax to be
levied within the CFD to pay for the Services and the rate and method of apportion and
manner of collection of the special tax to be levied within each Improvement Area to pay
the principal and interest on the proposed bonded indebtedness of each Improvement
Area of the CFD, and relative to the necessity for authorizing the bonds, the purpose for
which the bonds are to be issued, the amount of the proposed debt, the maximum term of
the bonds and the maximum annual rate of interest to be paid; and
r' WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the CFD and the incurring of bonded indebtedness by each
AGENDA ITEM NO. \:32
PACE--L-OF ~
CITY COUNCIL ORDINANCE NO. 1171
Page 2 of 4
of the Improvement Areas of the CFD were heard and a full and fair hearing was held;
~d ~
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-30 determining the validity of prior proceedings and established the CFD; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No.
2006-31 which called an election within the CFD for February 28, 2006 on the
proposition of incurring bonded indebtedness, levying a special tax and setting an
appropriations limit; and
WHEREAS, on February 28,2006, an election was held within the CFD in which
the eligible electors approved by more than two-thirds vote the proposition of incurring
bonded indebtedness, levying a special tax, and setting an appropriations limit.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION I. A special tax (the "Services Special Tax") is levied within the
boundaries of the CFD pursuant to the formula set forth in Exhibit "A" attached hereto
and incorporated by reference in ~ amount necessary to pay all of the costs of providing
the Services, periodic costs, and costs of the tax levy and collection, and all other costs.
SECTION 2. A special tax (the "Special Tax") is levied within the boundaries of
each Improvement Area of the CFD pursuant to the formulas set forth in Exhibit "A"
attached hereto and incorporated by reference in an amount necessary to pay all of the
costs of providing the Facilities, periodic costs, and costs of the tax levy and collection,
and all other costs including amounts payable with respect to the bonded indebtedness.
.......,
SECTION 3. This legislative body is hereby further authorized each year, by
resolution adopted as provided in section 53340 of the Act, to determine the specific
special tax rate and amount to be levied for the then current or future tax years, except
that the special tax rate to be levied shall not exceed the maximum rate set forth in
Exhibit "A."
SECTION 4. All of the collections of the Services Special Tax and Special Tax
shall be used as provided for in the Act and Resolution No. 2006-30 of the Council
(Resolution of Formation).
SECTION 5. The above authorized Services Special Tax ~d the Special Tax
shall be collected in the same manner as ordinary ad valorem taxes are collected and shall
be subject to the same penalties and the same procedure and sale in cases of delinquency
as provided for ad valorem taxes; provided, however, the CFD may collect the Services
'-'
ACENDA ITEM NO.
PACE .2
.~2
OF 5
CITY COUNCIL ORDINANCE NO. 1171
Page 3 of 4
,.-
Special Tax and the Special Tax at a different time or in a different manner if necessary
to meet its financial obligations.
SECTION 6. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance and are hereby declared to be
severable
SECTION 7. The Mayor shall sign this ordinance and the City Clerk shall attest
to such signature. The City Clerk is directed to cause the title and summary or text of the
this ordinance, together with the vote thereon, to be published within fifteen (15) days
after its passage at least once in a newspaper of general circulation published and
circulated within the territorial jurisdiction of the City, and to post at the main office of
the City a certified copy of the full text of the adopted ordinance along with the names of
the council Members voting for and against the ordinance.
SECTION 8. This ordinance relating to the levy of the services special tax and
the Special Tax takes effect and shall be in force from and after 30 days from the date of
final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of
Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of
Riverside County.
r-
INTRODUCED AND APPROVED UPON FIRST READING this 28th day of
February, 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: BUCKLEY
I""'"
AGENDA ITEM NO. 02-
PAGE ~ OF 5
CITY COUNCIL ORDINANCE NO. 1171
Page 4 of 4
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
14th day of March, 2006, upon the following roll call vote:
......."
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
........"
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
'-'
AGENDA ITEM NO. 2> 2-
PAGE L\- OF -5
/"""
EXHIBIT" A"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
(IMPROVEMENT AREA NO.1)
(IMPROVEMENT AREA NO.2)
(IMPROVEMENT AREA NO.3)
/"""
~,
AGENDA ITEM NO. 32
PAGE ~ OF ~
r---
ORDINANCE NO. 1172
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE
NO. 2005-02 CHANGING THE ZONING DESIGNATION OF THE
P ARCEL(S) SPECIFICALLY DESCRIBED AS ASSESSORP ARCEL
NUMBER'S 379-150-001, 002, 041, 042, 043, & 044 FROM R-E
(ESTATE SINGLE-FAMILY RESIDENTIAL DISTRICT) TO R-l
(SINGLE-FAMILY RESIDENTIAL DISTRICT) UNDER THE
ZONING ORDINANCE
WHEREAS, Corman Leigh Communities has initiated proceedings to change the
zoning designation of the subject parcels known as Assessor Parcel Number's 379-150-
001, 002, 041, 042, 043, & 044 from R-E (Estate Single Family Residential District) to
R-1 (Single Family Residential District); and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular
meeting held on January 17, 2006 made its report upon the desirability of the proposed
project and made its recommendations in favor of said Zone Change No. 2005-02 by
adopting Planning Commission Resolution No. 2006-08 recommending to the City
Council approval of Zone Change No. 2005-02; and
r--
WHEREAS, public notice of said application has been given, and the City
Council has considered evidence presented by the Community Development Department
and other interested parties at a public hearing held with respect to this item both on
December 20, 2005 and on February 28, 2006.
,THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council has considered the proposed Zone Change No.
2005-03, prior to making a decision to approve the proposed amendment to the Land Use
Designation and establish a Zoning Designation.
SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereofto any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance and are hereby declared to be
severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the date of
its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
,--,
ACENDA ITEM NO. !.. -=3.3
PACE_ , OF 2-
~ -
CITY COUNCIL ORDINANCE NO. 1172
Page 2 of2
.....,
INTRODUCED AND APPROVED UPON FIRST READING this 28th day of
February, 2006, by the following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
14th day of March, 2006, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
....,
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
....,
ACENDA ITEM NO. 3.3
PACE '2 OF Q
ORDINANCE NO. 1173
/"" AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.69 TO
TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE TO
PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES IN THE CITY OF LAKE ELSINORE
WHEREAS, the people of the State of California have enacted Proposition 215,
,.-_____...__.....___.__..__..________.........__m__,
the Compassionate Use Act of 1996 (codified at Health and Safety Code Section 11362.5.. ...1.E~le~(hc.._._....._..._.._.___.._.___mJ
~md the State Legislature subsequently ef)~cted the Medical Mariiuana Program (codified
r-
at Health & Safety Code Section 11362.7 et seq,) {(x)H~cti.~.e!x "the..J\.ct"} t() .1l11()\Vu t~e. __ . t Deleted: .,)(
medical use of marijuana for certain persons; and
WHEREAS, the Act does not require or provide for the opening of businesses
I .c()ll1ll1ollly .I<nO~Il.llS. Mecli~lll_ M<n:ijtl~lnll. [)is}:>e_n~at:ies.\Vhic_h. .ar~. cle:fi.n.t?4.llS .aIlY.. fa~.ility. ()r.... -'
location where medical marijuana is made available to and/or distributed by or to one or
more of the following: a primary caregiver, a qualified patient, or a person with an
identification card in strict accordance with~Ac.t;_Ut14u_..n_.u.
r-....--------.---....--......----................_m,
'1 Deleted: or cooperatives i
\....-.....-..--.-..--.---..............-.------.......-.-.-........-..............)
( ,
. i Deleted: California Health and Safety i
! Code Section 11362.5 el seq. !
........._----_..._.._---------_._-.-_.~
WHEREAS, notwithstanding passage of the Act, the distribution and use of
marijuana is prohibited by the Controlled Substances Act. 21 U.S.C. Section 841; and
WHEREAS, the United States Supreme Court in Gonzales v. Raich, confirmed
that the Controlled Substances Act does not contain a "compassionate use" exemption
and therefore it is a violation of Federal Law to possess or distribute marijuana even if for
medical purposes; and
r' WHEREAS, the City Council of the City of Lake Elsinore concludes that federal
law prohibiting the distribution and use of marijuana precludes the opening of Medical
Marijuana Dispensaries within the City of Lake Elsinore.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Lake Elsinore hereby finds and
determines that it is the purpose and intent of this Ordinance to prohibit Medical
Marijuana Dispensaries in order to promote the health, safety, morals, and general
welfare of the residents and businesses within the City.
SECTION 2. Chapter 17.69 is hereby added to Title 17 of the Lake Elsinore
Municipal Code to read as follows:
r
ACENDA ITEM NO.
PAOE \
?j-t
OF 8
CITY COUNCIL ORDINANCE NO.
I ~2LQf:t_muu_uuuUUUU_Huuu____um
Chapter 17.69
MEDICAL MARIJUANA DISPENSARIES
(
uu_~_-----l Deleted: Page
'~:---{ Deleted: of
", (- -
1 Deleted:"
I.
'----------------------------------------...--
......,
Sections:
17.69.010
17.69.020
Medical marijuana dispensaries defined.
Prohibited.
17.69.010 Medical marijuana dispensaries defined.
A. As used in this chapter, "Medical Marijuana Dispensary" or "Dispensary"
means any facility or location where medical marijuana is made available to and/or
distributed by or to one or more of the following: a primary caregiver, a qualified patient,
or a person with an identification card, in strict accordance with California Health and
Safety Code Section 11362.5 et seq.
B. A "Medical Marijuana Dispensary" shall not include the following uses, as
long as the location of such uses are otherwise regulated by this code or applicable law: a
clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a
health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety
Code, a residential care facility for persons with chronic life-threatening illness licensed
pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care
facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and
Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter
8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly
with applicable law including, but not limited to, Health and Safety Code Section
11362.5 et seq.
17.69.020 Prohibited.
......,
Medical Marijuana Dispensaries are prohibited in all City zones, and no permit
shall be issued therefor.
17.69.030 No Connict with State Law.
l11..j~_r'hap.ter 17.69 shall in no wav limit the righLill_Q...ossess. lIse or cultivate
marlih!~na fQr medicinal purposes as is authorized bv the laws (lfthe State of California,
SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance and are hereby declared to be
severable.
....."
ACENDA ITEM NO. 3Y-
PACE 2- OF R
CITY COUNCIL ORDINANCE NO.
I ~g~.A.Qi4.__ n_ -- - - - - - - - - -- - - - -----' - - ---- --------~ - -- - - --
(
----1 Deleted: Page
" - - - - - - -~ . - ( \
'-:---1 Deleted: of i
", >-- .. -- --'\
1 Deleted:.. I
ltoo____________________________)
r--
SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this ~t__d.ax__or/ _~~;i;t;d~-mm---------m-------m-~
.Ex.R_!:H~J:Y_,)99~,__up{)I1tJ.leJoll()>>'iI1_g__rol.1_ (;ll1_1.vot~: __ __ __ __ __ __ n_ - - i Deleted: i
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
I .! 4tJ~ d.ay {)f"r..111rch, ~99~,up{)n _the_ foll()>>,iflg ,:o_ll_cllll yote: _ _
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
r'
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
,,-
Deleted:
Deleted:
AGENDA ITEM NO. (~
PAGE ~ OF t5
CITY COUNCIL ORDINANCE NO.
I ~4..Q[4.H___________ ---------------
ATTEST:
_----} Deleted: p.
-- - - --._-----*~- --- - - ~~-~:~-
"<::~ Deleted: of
1 Deleted:,
"
L'__
-~
!
~
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
....."
....."
ACENDA ITEM NO. F)Y
PACE L\ OF 8-
ORDINANCE NO. 1173
r'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.69 TO
TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE TO
PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES IN THE CITY OF LAKE ELSINORE
WHEREAS, the people of the State of California have enacted Proposition 215,
the Compassionate Use Act of 1996 (codified at Health and Safety Code Section 11362.5
and the State Legislature subsequently enacted the Medical Marijuana Program (codified
at Health & Safety Code Section 11362.7 et seq.) (collectively "the Act") to allow the
medical use of marijuana for certain persons; and
WHEREAS, the Act does not require or provide for the opening of businesses
commonly known as Medical Marijuana Dispensaries which are defined as any facility or
location where medical marijuana is made available to and/or distributed by or to one or
more of the following: a primary caregiver, a qualified patient, or a person with an
identification card in strict accordance with the Act; and
WHEREAS, notwithstanding passage of the Act, the distribution and use of
marijuana is prohibited by the Controlled Substances Act. 21 U.S.C. Section 841; and
r'
WHEREAS, the United States Supreme Court in Gonzales v. Raich, confirmed
that the Controlled Substances Act does not contain a "compassionate use" exemption
and therefore it is a violation of Federal Law to possess or distribute marijuana even if for
medical purposes; and
WHEREAS, the City Council of the City of Lake Elsinore concludes that federal
law prohibiting the distribution and use of marijuana precludes the opening of Medical
Marijuana Dispensaries within the City of Lake Elsinore.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Lake Elsinore hereby finds and
determines that it is the purpose and intent of this Ordinance to prohibit Medical
Marijuana Dispensaries in order to promote the health, safety, morals, and general
welfare of the residents and businesses within the City.
SECTION 2. Chapter 17.69 is hereby added to Title 17 of the Lake Elsinore
Municipal Code to read as follows:
r---
AGENDA ITEM NO.
PAGE ::5
O-f
OF 8
CITY COUNCIL ORDINANCE NO. 1173
Page 2 of 4
Chapter 17.69
~
MEDICAL MARIJUANA DISPENSARIES
Sections:
17.69.010
17.69.020
Medical marijuana dispensaries defined.
Prohibited.
17.69.010 Medical marijuana dispensaries defined.
A. As used in this chapter, "Medical Marijuana Dispensary" or "Dispensary"
means any facility or location where medical marijuana is made available to and/or
distributed by or to one or more of the following: a primary caregiver, a qualified patient,
or a person with an identification card," in strict accordance with California Health and
Safety Code Section 11362.5 et seq.
B. A "Medical Marijuana Dispensary" shall not include the following uses, as
long as the location of such uses are otherwise regulated by this code or applicable law: a
clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a
health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety ......,
Code, a residential care facility for persons with chronic life-threatening illness licensed
pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care
facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and
Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter
8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly
with applicable law including, but not limited to, Health and Safety Code Section
11362.5 et seq.
17.69.020 Prohibited.
Medical Marijuana Dispensaries are prohibited in all City zones, and no permit
shall be issued therefor.
17.69.030 No Conflict with State Law.
This Chapter 17.69 shall in no way limit the right to possess, use or cultivate
marijuana for medicinal purposes as is authorized by the laws of the State of California.
SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereofto any person or circumstance shall be held invalid, such invalidity
shall not affect the other provisions of this Ordinance and are hereby declared to be
severable.
~
ACENDA ITEM NO. ..~
Pllr;E Lc> OF B .
CITY COUNCIL ORDINANCE NO. 1173
Page 3 of 4
r'
SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th day of
February, 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
r- 14th day of March, 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
~
AGENDA ITEM NO. 3-\
PACE~OF e
CITY COUNCIL ORDINANCE NO. 1173
Page 4 of 4
ATTEST:
'"
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
'"
'"
ACENDA ITEM NO.~
PACE <2> _OF~
/'""'
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
FROM:
DATE:
MAYOR AND CITY COUNCIL
ROBERT A. BRADY, CITY MANAGER
MARCH 14,2006
SUBJECT: REQUEST TO RECONSIDER COMMERCIAL DESIGN REVIEW
NO. 2005-06 (CANYON CREEK "SUMMERHILL" SPECIFIC
PLAN)
BACKGROUND
On December 16,2005, the City Council considered Commercial Design Review No.
2005-06 related to the design and construction of a proposed Holiday Inn Express.
The 73 unit, three story facility was to be located at 31573 Canyon Estates Drive.
,,--. After receiving extensive testimony on the proposed project, the City Council denied
the design review application.
Under City Council Policy No. 100-5-A, an applicant can submit a "request for
reconsideration" to the City Council within 10 days of the action. The project
applicant timely submitted such a request.
DISCUSSION
The request for reconsideration is separate and distinct from an actual reconsideration
of the City Council's December 13,2005 action. Accordingly, the City Council is not
being requested to change its December 13,2005 decision at this time. Instead, the
request before the City Council is simply to inquire whether the Council is willing to
entertain reconsideration of the December 13,2005 decision.
If the applicant's request is denied, no further action will be taken. Ifreconsideration
is granted, Design Review No. 2005-06 will be scheduled for reconsideration by the
City Council at a future public meeting. Notice of that meeting will be published in
accordance with the City's Municipal Code requirements.
r-
City staff understands that the project applicant has held outreach meetings with the
community in order to better assess and mitigate potential impacts from the project.
AGENDA 'TEM tJO. "?-JS
PAGE_\ OF ?
REPORT TO CITY COUNCIL
MARCH 14, 2006
PAGE 2
'-"
In light of the efforts made, the Council may want to utilize the reconsideration option
to assess for itself whether the applicant has adequately addressed the City Council and
community's concerns expressed at the December 13,2005 City Council meeting.
FISCAL IMP ACT
None.
RECOMMENDATIONS
Consider applicant's "request for reconsideration" and, if granted, give direction to
City staff as to the scheduling of such reconsideration.
PREPARED BY:
BARBARA ZEID LEIBOLD, CITY ATTORNEY
APPROVED FOR
AGENDA LISTING:
....,
,...",
ACHJDA ITEM NO. 3~
PACE ~ OF 2.
."......
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
MARCH 14,2006
SUBJECT:
PLANNING COMMISSION APPOINTMENT
PROCESS
BACKGROUND
On March 6, 2006 Planning Commissioner Ty Larimar stated that her last
duties as a Commissioner would be the Planning Commission meeting of
April 4, 2006. Commissioner Larimar's term would have expired on June
30, 2008. Additionally, on December 13, 2005, Planning Commissioner
Fred Francia submitted a letter of resignation from the Planning
r' Commission. Mr. FranCia's term would have expired on June 30, 2006.
Finally, as a point of clarification, Commissioner La Pere's term will also
expire on June 30, 2006.
DISCUSSION
Section 2.24.030 of the Lake Elsinore Municipal Code (LEMC) states the
following:
The members of the Commission shall be appointed by the Mayor
with the approval of a majority of the members of the City Council
and may be removed by the Mayor at his pleasure, but subject to the
approval by a majority of the members of the City Council.
When Planning Commission terms are about to expire, the City requests
interested persons to submit an application for the Commission positions.
Public notice for the positions is usually provided through the newspaper, on
the City's website and announcements at City Council meetings. The
Council will typically appoint a subcommittee of two Council members to
,~ review the applications, conduct interviews and make a recommendation to
the full Council. This procedure is initiated two to three months in advance
of the expiration of the term in order to provide adequate time to submit
AGENDA ITEM NO.~
PA,G.E__L__n~ ._~_
Council Staff Report
Page 2
applications, conduct the interview process and bring a recommendation to
the City Council for consideration. Since two (2) seats will soon be vacant,
with the resignation of Commissioner Larimar, the City Council may want
to address the appointment of Interim Planning Commissioners.
""'-'
Additionally, considering that that two (2) Commission seats expire on June
30, 2006 and that Commissioner Larimar's seat will be available, the
Council may want to initiate the recruitment process by selecting a
subcommittee and setting an application cut off date of April 28, 2006.
FISCAL IMPACT
Recruitment costs should be minimal and limited to the cost of advertising
for the position. Each Commissioner is paid $50 per Planning Commission
meeting attended. Commissioners are compensated for a maximum of three
meetings per month.
RECOMMENDATION
1. Accept Commissioner Larimar's resignation; and
,...",
2. Appoint one person to complete the remaining portion of Fred
Francia's Interim Planning Commission term until June 30, 2006; and
3. Initiate the recruitment process by establishing a subcommittee to
review, interview and make recommendations to the City Council for
appointment of these persons to the Planning Commission at the June
13,2006 City Council Meeting; and
4. Direct staff to advertise for the Planning Commission positions and
establish the application deadline as Friday, April 28, 2006.
PREPARED BY:
Rolfe M. Preisendanz, Director of Community
Development
APPROVED FOR
AGENDA LISTING:
,...",
AGENDA ITEM NO. 3lfJ
PACE .:2 OF 2-