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02/28/2006 CC Reports
d!- -crr 1 � vM''A NDA JAK T Y tnwm `xucxl EY, li1Cu;;l " ;. G, lain EY dF�t�itcytedr�r�krtltc# r# fM�k.# �1r�rtlF�kalkIr�tilr3r�irtlFiktk�Ik�kiitpk�k�ka�r�t�IktFitt1E "ta1k#�Sk'l�fir�.'.. . �.:. tit` ► 'mWe from' the me, gsr on U S ANT � � * ofiew expt3siift .�O i tli}lI �a fib) cGcvt +Eod § 54956.9: (2 :pot6tl oases ). { LA -Wff i-od 025, ��"i►�i'/[�7• �3 ��yL .f#ie{l':�V�}Ep���yiilw✓it�4e W/1M: � .+4�:F N �iyy�(� .e i}J11 il\ii.� F ?t�lik R "`LwiiTl of nimt . SEMON :00, PmAl ,fit "..� ,— OF, 1Y t 5 { .Page 3 — fit. Clamsu= the.ty: � :i' 4- Ml A'I' - Reject the cl� fisted a i the City Clete to" send i claimants crf'deeiirrt :{ op asFeaeson h . ... �A e�the AJN: rov p OUS described in thort ate• 'Temescal.'C ;y r tx is ErY a Schcl. :Service'A ei ent. �j �� Yi i ; •f. F prize lii f ' execute the agpomp Offices ofRobert A. r' t . Atnd�:rnent forthe Axel lw Pump;strtifit �Aprcve gird a rnended'se� draf Award(�td'tcTTj�*�{i,�1���$/� �•„ �TeehnolOgy,�tici11i aTilUtlnt Of -. $63,$03.49. j i 01, EYeVeilt Serr�ices. 400AMON: Approve the contract for security se ry ices.at the l at a Eismore ~. Diamond �t di Executive, . Event ces R «ate ft i ggyy b^�..4s.:« t ' Page 4 —' Cit' Co®ndl a 9. Sale.QiRvmnant Oit� y 10. Regv t;farno;p gipw Gads Drive and f," Street.. RECOM1VIEI AT.IO. N. -C 1' 1. Professional "Services trtrc f Examiinmrs RECOl1FAlIi'tfi. c 5 P*ge City Wl 12. ,A grey � Bureau rit�':� c p 'o de .man on -calf �1 �+� al��es�• and au�ri city �r to ex qu -tho t, Construet c tract :�i�YX iil� fo ��d� ��Y4 ��VSJn:�i7��Ri✓17i1+s '_ Street and A+ue: '.�.'for YIie ir+li chad6 6 i/i. ap t1► Authorize City Managef execute the Contract with f rd�r andr -( p ���y ��yy ��y((�} Q(� - -Inc.. the 'Kiilift of `�TV�'/ ..7 V. . Approve the use of Measi A Mb e[s (Fund # 1 }2} t ®th s J4. je +t. „ . Approve the use Itnvrovement Fees': (F 42 51, inn the 61 r mount Of $649"602 Interim Improven+ant }' x 1 .. ,anent, La Stra& Partners, LLC. ON:: Acre the deport +f "thy Planning Ctii1Yi11SSIbn bat, : City's accaxice artd tquent nse, cif the Dnrited Prot5r "is consistent with_ the General Plan. A)�� "or to execute Donation �v. agreement. ? 54, y �aS tCy } Y Rig!& y r' ,�, r. t t h p 4 y . 7 i C*ty JC�* • 28, ,r 20064270 f{ tj f i •. ig can flcna� resit.' Cbndikt t g. of Ptdm ,nce 0 k G too -y c9nvas el±c'rults, x ofpeeitulTaxes.• .. t ^ �CONi`� t' A' ON: Open the I ttj]1C,He 1 g and call far tes�ony, Claw the , ublk Hea ng. Adopt Resolutton `Nc7►.� r -�, , y g the +° fac�tates ag�mentd� ;and autsttaan , Adopt ResO ri>v121g Ift e fora Di . .t Vt. Adapt Roolution Na. 2 - r tf incur band. indObtedhess 241 l a serial elects, atrect City C`le& 'to}open sealed ballots }, tallyta} i�neee =tt+ taffy, ar4,stllte tether 213' o''the Yate are in fa4. , ordering canvassing of the eledi ©n results. Co St.tgf Ordinance F: 171, aunt ©'tg.e levy of. peed tax, .: F r i ll W... n _ �� JL �� e • • . _ _. _ _. .. , age Adopt�i-on 4Or4*manceProhibitingMedical M Ispsaries in the Cit a ice Eire; . REC h ► TI JN: Coii ct fist f a ris e No. 1173, t4 proibt"the'. establishment offi - Dis nsaries iri- the � of, Fake Elsin�rre. 1?. Rev ,a V O i V. aXV'i -04, .. ' � , ti Ml V ,. O : ✓` 7 / � • p h1LL!(�'.R�* c�'. .: �;df esi oY♦.pw ' ,. a. o. 2004 -0 y P ri p -40p Y� I�,�' yy� {�: � r t� .. i e aS�' ✓W4'S, s t7#.X;l,k f,1f t e wo V the 1.1� .Co"t�1C11` t' C DRUM x " M A k �. K ►14 ,rrti.' S COMM u ." x •. x _ ,#a s,s} , �"� T..)N �`` '^' �i"`.mxyr ' =e"v+ry8y"`�.�b - '�. y .4 `•. qt '${�i.c��.,.n�.rT^„Mr a`' tcee S+ S. N"'a««.�T.YV`.Ls.'1+_.YL^x�i�.. 100.1 MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 24, 2006 CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:02 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY (Councilmember Buckley arrived at 4:04 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, Recreation/Tourism 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 NoJ i"t Page I Of IL PAGE TWO — STUDY SESSION MINUTES — JANUARY 24, 2006 PUBLIC COMMENTS No comments. CONSENT CALENDAR 1. Minutes. Mayor Magee stated that City Attorney Leibold had requested to continue the Item to the next City Council meeting. 2. Warrant List. a. December 15, 2005. b. January 17, 2006. No comments. 3. Investment Reports — September, 2005. rn City Treasurer Weber inquired what would be done with the money from Fund 259 for CFD 90 -3. Administrative Services Director Pressey indicated that the Construction Fund was used for improvements of that district. He noted that was a district where no taxes had ever been paid. He noted that the amounts could be used to pay off the debt or for construction. City Treasurer Weber inquired on Fund 365 for Summerhill and noted that he was concerned with the debt for the item. Administrative Services Director Pressey indicated that the City received $464 thousand related to Summerhill. He noted that there was a timing of cash flow for that district. He noted that it was a district that was taxed at the Agenda Item No. `A Page :2 of i / � PAGE THREE — STUDY SESSION MINUTES — JANUARY 24, 2006 maximum level. He noted that there were delinquent payments during the year and from a cash standpoint there was a deficiency. He noted that demand letters had been sent to pursue payment. He noted that he did not anticipate foreclosure on anyone's property. City Treasurer Weber stated that he would be going over the Item with Mr. Pressey in detail at a later date. 4. Final Map No. 25477- Centex Homes. Mayor Magee stated that the original map was approved before he was on Council and that he would abstain from voting on the Item. 5. Final Map No. 32337 -1 — K. Hovnanian Forecast Homes. Councilmember Kelley stated that she was taken back by the lack of vegetation on the slopes for the project. Councilmember Hickman inquired how much further they would be going up the mountain side. City Manager Brady indicated that where they were at on the mountain side was as high as they were going to go. 6. East Lake Specific Plan Amendment No. 6: Amendment and replacement of Condition No. 3. Councilmember Buckley inquired if the amendment to Condition No. 3 could include "whichever is greater, $65 thousand or 50 %" in regard to the participation of the total cost for the Stadium bowl /seating area sound system. Councilmember Hickman inquired where the 8 -foot decorative wall was going. Agenda Item No. Page 3 Of // PAGE FOUR - STUDY SESSION MINUTES — JANUARY 24, 2006 Mayor Magee indicated that they were proposing not to do the wall and to do a revised sound system instead. 7. Resolution initiating proceedings and approving the Engineer's Report for the Annexation of certain Territory known as Tract 31920 -1 into the City of Lake Elsinore Landscape and Street Lighting District No. 1, as LLMD Annexation No. 10 (Summerly). No comments. 8. 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. 17 (Summerly). No comments. 9. Resolution of Intention to establish Community Facilities District No. 2006 -1 11.r, (Summerly) and Resolution of Intention to Incur Bonded Indebtedness. Councilmember Buckley inquired why the map on page 4 stated "NOT A PART, LOT 18 & 19" where the school was supposed to be and what it meant. Administrative Services Director Pressey indicated that it was his understanding that a school was supposed to be built. Michael Filler, John Laing Homes, indicated that if a school were to go on the site it would be a separate CFD. Councilmember Buckley inquired what would happen if a school did not go on the site. Mr. Filler indicated that if a school did not go on the site, the property would be annexed into residential. Agenda Item No.�/ Page � Of f r PAGE FIVE — STUDY SESSION MINUTES — JANUARY 24, 2006 Administrative Services Director Pressey indicated that he would speak to Mr. Anderson regarding the impact if the property could be annexed in at a later date. City Attorney Leibold indicated that the park land was not subject to special tax that would be invoked by being included within the boundaries of the CFD. She noted that the special taxes raised through the CFD financing could be used on capital outside of the boundaries of the district. Councilmember Hickman inquired on the acreage for Lots 18 and 19. Administrative Services Director Pressey indicated that Lot 19 was 6 acres. He noted that he did not have the acreage for Lot 18. Mr. Filler indicated that the total of the 2 Lots were an estimated 18 acres. City Treasurer Weber suggested adding in to the resolution that back taxes be paid if the land was turned into residential instead of a school site. 10. Resolution of Intention to establish Community Facilities District No. 2006 -3 (La Strada) and Resolution of Intention to Incur Bonded Indebtedness. Councilmember Hickman inquired how far the road would be taken for the CFD. He noted that he was worried about the road going up to La Strada off of Camino Del Norte. He noted that La Strada was only responsible for a certain part of the road; he inquired what would happen to the rest of the road and when it was expected to be done. City Manager Brady indicated that the extension down to Franklin Street would be built when the other properties were developed. Mayor Magee indicated that it was part of the Camino Del Norte CFD. Councilmember Hickman inquired when the road from Franklin Street to La 10�1 Strada would be completed. Agenda Item No. l A Page -Of PAGE SIX — STUDY SESSION MINUTES — JANUARY 24, 2006 City Manager Brady indicated that it would depend upon when the CFD and the other property owners made a commitment to fund that. 11. Mid -Year Budget Review and Adjustments. No comments. PUBLIC HEARINGS 21. Resolution approving Annexation of Territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 8 (La Strada). No comments. 22. Resolution approving the Annexation of Territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation '..f Area No. 9 (TR 30698 & 32129). No comments. 23. Resolution determining the validity of prior proceedings relating to Annexation of property into City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services); call a Special Election; canvas election results; authorizing levy of Special Taxes for CFD 2003 -1 Annexation Area No. 15 (La Strada). No comments. 24. Resolution determining the validity of prior proceedings relating to Annexation of property into City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services); call a Special Election; canvas election results; authorizing levy of Special Taxes for CFD 2003 -1 Annexation Area No. 16 (TR 32129). Agenda Item No. Page_V_Of ` / " PAGE SEVEN — STUDY SESSION MINUTES — JANUARY 249 2006 C-- No comments. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1167 — Construction and Demolition Recycling Ordinance. No comments. 32. Travel Request and Preauthorization for City Delegation to attend Washington, D.C. Appropriations meetings arranged by the Ferguson Group (Washington, D.C. Lobbying Services). City Manager Brady gave a brief overview of the Item. He deferred to Ferguson Group representative David Kennett: Mr. Kennett gave an in -depth overview and background of the Item. He mentioned the projects that had been of importance at a prior meeting. He stated that he looked at those projects through the lens of Federal eligibility. He stated that he considered what would benefit the City the most, which ones already had funding and which ones would catch the imagination of the Congressmen and Senators. He noted that he scaled the list down significantly to 5 projects which he listed as the Railroad Canyon Project, Lake Elsinore Recreational Facility Rehab Project, Lakeshore Drive Improvement Project and improving the quality of the lake. He noted that improving the quality of the lake would be broken down into 2 projects. He noted that 1 project would consist of improving the lake environment for fisheries and the other project would consist of a study of the lake to come up with a plan to fix it. Mr. Kennett noted that the overall process consisted of having delegation from the City and go to D.C. to express requests. He noted that he would be putting together the requests in the form that they needed to be put in to present to members of Congress. Agenda Item No. i A Page —� Of // PAGE EIGHT — STUDY SESSION MINUTES - JANUARY 24, 2006 Councilmember Buckley inquired which of the projects were the most likely to get fully funded in the amount listed. Mr. Kennett noted that improving the environment of the lake was more likely to get fully funded because it was the lowest amount. Councilmember Buckley inquired which of the projects were likely to get any money at all. Mr. Kennett noted that the 2 projects most likely to get anything were the Railroad Canyon Project and the Lake Elsinore Recreational Facility Rehab Project. Councilmember Buckley inquired about funding for the Civic Center. Mr. Kennett stated that the Civic Center would be more likely to get funding if the Civic Center was put into a project that tied into economic development in the region where the Post Office was moving. He noted that a location needed `.'' to be identified and plans set into place so that the project was mature and fit into the projects for Federal aid. Councilmember Hickman inquired who drafted the itinerary. Information/Communications Manager Dennis indicated that he drafted the itinerary. Councilmember Hickman inquired if he had checked Jet Blue for airfare rates. Inform ation/Communications Manager Dennis indicated that figures for the overall trip that had been presented to Council had been taken off the GSA Government website. He noted that he would look into competitive airfare rates. Councilmember Buckley inquired if the February 14th City Council meeting would be rescheduled. j /� ..f Agenda�Item No. —I /� � Page ° Of I, - PAGE NINE — STUDY SESSION MINUTES — JANUARY 249 2006 Mayor Magee inquired if there was another date that would work better than the dates tentatively scheduled. Mr. Kennett noted that the timeframe that the Council would want to get there would be February or early March. City Treasurer Weber indicated that the City had $72 thousand invested in the Item. He noted that with the money that had been invested, there should absolutely be someone who goes. Mayor Pro Tem Schiffner stated that he felt the trip was a worthwhile venture. He noted that if we anticipated getting any funding it would be worth the trip. 33. City Council Committee Appointments. Mayor Magee noted that the Item should have been done in December. He indicated that the Item was the annual appointments of special committees and liaisons that the Council served on. He indicated that none of the Councilmembers had approached him about changing any seats. He noted that unless he heard any requests between the study session and the 7 p.m. meeting he would move to reaffirm the existing appointment schedule. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Minutes. a. Joint Redevelopment Agency/Redevelopment Committee Study Session — October 27, 2005. b. Redevelopment Agency Meeting — December 13, 2005. r-� Legal Counsel Leibold requested that Item lb be continued. Agenda Item No. Page C) Of� PAGE TEN — STUDY SESSION MINUTES — JANUARY 24, 2006 2. Warrant List. a. December 15, 2005. b. January 17, 2006. No comments. 3. Final Map No. 25477 — Centex Homes. Mayor Magee indicated that he would abstain from voting on the Item. 4. Final Map No. 32337 -1 — K. Hovnanian Forecast Homes. No comments. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 4:47 P.M. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE GENIE KELLEY, CHAIRWOMAN REDEVELOPMENT AGENCY Agenda Item No._ I A- Page 16 Of I/ i— PAGE ELEVEN — STUDY SESSION MINUTES — JANUARY 24, 2006 Respectfully submitted, MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERICK RAY, CITY CLERK Agenda Item No._ Page /'Of it FEBRUARY is, 8006 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 1,389,890.30 105 MISCELLANEOUS GENERAL PROJECT FUND 130,550.30 110 STATE GAS TAX FUND 791.86 112 TRANSPORTATION /MEASURE A FUND 69,516.23 130 LIGHTING /LANDSCAPE MAINTENANCE FUND 147,961.82 135 L.L.M.D. NO. 1 2,650.00 204 SIGNAL C.I.P. FUND 8,385.00 205 TRAFFIC IMPACT FEE FUND 271.44 254 89 -1 RAILROAD CANYON IMPROVEMENT FUND 338.64 351 A.D. 87 -2 DEBT SERVICE FUND 20,614.91 352 A.D. 86 -1 DEBT SERVICE FUND 113,175.17 353 A.D. 89 -1 DEBT SERVICE FUND 22,837.46 356 A.D. 90 -1A DEBT SERVICE FUND 66,091.34 357 C.F.D. 2003 -02 DEBT SERVICE FUND 346,815.62 358 C.F.D. 91 -2 DEBT SERVICE FUND 450.00 360 A.D. 93 -1 DEBT SERVICE FUND 629,205.13 362 C.F.D. 95 -1 (1996 -E) DEBT SERVICE FUND 450.00 363 C.F.D. 88 -3 (1111997-A) DEBT SERVICE FUND 795,019.27 364 C.F.D. 88 -3 (111 1997-13) DEBT SERVICE FUND 440,771.51 365 C.F.D. 98 -1 SUMMERHILL DEBT SERVICE FUND 550,695.05 366 C.F.D. 2005 -6 CITY CENTER DEBT SERVICE FUND 450.00 369 C.F.D. 2004 -3 ROSETTA CANYON DEBT SERVICE FUND 1,185.00 370 C.F.D. 2005 -X CAMINO DEL NORTE DEBT SERVICE FUND 5,000.00 371 C.F.D. 2005 -1 SERENITY DEBT SERVICE FUND 21,100.00 372 C.F.D. 2005 -2 ALBERHILL RANCH DEBT SERVICE FUND 2,050.00 604 ENDOWMENT TRUST FUND 1,000.00 605 PUBLIC IMPROVEMENT TRUST FUND 67.86 606 MOBILE SERVICE AIR POLLUTION FUND 180.00 608 TRUST DEPOSIT AND PRE -PAID EXPENSE FUND 1,556.70 620 COST RECOVERY SYSTEM 8,691.17 650 C.F.D. 2003 -1 LAW & FIRE SERVICE FUND 2,000.00 r• GRAND TOTAL $ 4,779,761.78 AGENDA ITEM NO. 2/23/2006 Warrant 021506 1 of 1 PAGE f OF FEBRUARY 15, 2006 CITY OF LAKE ELSINORE WARRANT LIST CHECK# 84585 VENDOR NAME EMPLOYMENT DEVELOPMENT DEPARTMENT $ AMOUNT 45.33 �r 84726 LOWE'S HOME CENTERS, INC. 20.16 84727 STANDARD INSURANCE COMPANY 2,248.50 84728 STANDARD INSURANCE COMPANY 311.81 84729 FORTIS BENEFITS 8,850.54 84730 CALIFORNIA P.E.R.S. 70,834.78 84731 CALIFORNIA P.E.R.S. 3,551.81 84732 LIUNA LOCAL 777 1,165.00 84733 PRE -PAID LEGAL SERVICES, INC. 129.50 84734 VISION SERVICE PLAN 1,361.43 84735 THE L.I.U. OF N.A. 2,530.65 84736 CALIFORNIA P.E.R.S. 38,862.14 84737 ALTURA CREDIT UNION 1,150.00 84738 I.C.M.A. RETIREMENT TRUST 12,969.00 84739 SECRETARY OF STATE 40.00 84740 JAMES L. HUNTINGTON 75.00 84742 VOID 0.00 84743 A & A JANITORIAL SERVICE 120.00 84744 ABC ABACUS BUSINESS COMMUNICATION 298.33 84745 ALBERT WEBB & ASSOCIATES 7,669.06 84746 ALESCO DEVELOPMENT CO., L.L.0 1,814.85 84747 LISA C. ALEXEN 99.94 84748 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 803.50 84749 AMBER AIR CONDITIONING, INC. 240.82 84750 AMERICAN BATTERY SUPPLY 261.83 84751 AMERICAN FENCE COMPANY, INC. 1,199.00 84752 ERICA ANDERSEN 429.37 ,.o 84753 ANIMAL FRIENDS OF THE VALLEY 7,500.00 84754 APPLE ONE EMPLOYMENT SERVICES 5,140.50 84755 B & G SERVICES 1,287.61 84756 B. STEPHEN COOPERAGE, INC. 614.18 84757 BANK OF AMERICA, CITY MANAGER OFFICE & COMMUNITY DEVELOPMENT DEPT. 2,847.03 84758 BANK OF AMERICA, FIRE STATION #10 406.76 84759 BANK OF AMERICA, LAKE & AQUATIC RESOURCES DEPARTMENT 363.18 84760 BANK OF AMERICA, ADMINISTRATIVE SERVICES -& HUMAN RESOURCES DEPT. 1,410.39 84761 BANK OF AMERICA, COMMUNITY SERVICES DEPARTMENT 568.61 84762 EDGARDO BASUBAS 120.96 84763 BERRYMAN & HENIGAR, INC. 18,334.39 84764 BIO -TOX LABORATORIES 1,091.36 84765 BUNDY CANYON TURF SUPPLY 50.59 84766 _ C. R. & R. DISPOSAL, INC. 418.39 84_767 _ CA STATE TEACHERS RETIREMENT SYSTEM 31,131.55 84768 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 385.00 84769 STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS 84770 _ ROBIN CHIPMAN _ _104.00 326.29 84771 _ CLARK QUALITY ROOFING_ 63.00 84772 _ CM WASH EQUIPMENT 702.37 84773 _COAST LONG BEACH HOTEL 632.50_ 84774 COAST TO COAST WIRELESS, INC. 70.13 84775 _ _ _ COMMERCIAL TRANSPORTATION SERVICE 350.00 84776 COMPUTER ALERT SYSTEMS, INC. 80.00 84777 84778 COPY RIGHT USA, INC. CORONA CLAY COMPANY INC. 119.05 2,370.37 1.00 2/23/2006 Warrant AGENDA ITEM NO. 021506 1 OF 4 PAGE 2 OF ,S FEBRUARY 15, 2006 CITY OF LAKE ELSINORE WARRANT LIST .o- CHECK# VENDOR NAME AMOUNT 84779 KIRT A. COURY 5,160.00 84780 D & S ELECTRIC 5,925.50 84781 DAPEER, ROSENBILT & LITVAK, L.L.P. 2,164.84 84782 DATA QUICK INFORMATION SYSTEMS 1,424.00 84783 BRANDON DE LA CRUZ 1,000.00 84784 DELL MARKETING, L.P. 2,760.14 84785 DIEHL, EVANS & COMPANY, L.L.P. 6,160.00 84786 DO IT CENTER 117.65 84787 CAROLE K. DONAHOE, A.I.C.P. 3,562.70 84788 DOWNS COMMERCIAL FUELING, INC. 2,243.39 84789 DOWNS ENERGY 395.61 84790 ELSINORE ELECTRICAL SUPPLY, INC. 761.33 84791 -84792 ELSINORE PIONEER LUMBER CO. 879.58 84793 ELSINORE VALLEY RENTALS 343.17 84794 ELSINORE VALLEY SELF STORAGE 77.00 84795 ESRI, INC. 1,145.24 84796 -84797 EXCEL LANDSCAPE, INC. 18,217.13 84798 FARMER BROTHERS CO. 28.00 84799 FEDERAL EXPRESS CORPORATION 203.64 84800 FERGUSON GROUP, L.L.C. 77.64 84801 DAVID FERGUSON 213.10 84802 FILARSKY & WATT, L.L.P. 8,016.71 84803 FIRST AMERICAN REAL ESTATE SOLUTION 135.70 84804 FRANKLIN COVEY 38.06 84805 -84806 GREENSCAPE LANDSCAPE, INC. 2,025.00 84807 GTSI CORP. 602.82 84808 ARLINE GULBRANSEN 161.81 84809 LORENA HANCOCK 3,234.00 84810 HARDY & HARPER, INC. 52,153.10 84811 -84812 HARRIS & ASSOCIATES, INC. 46,675.00 84813 HARRIS & ASSOCIATES, INC. 33,600.00 84814 HARRIS REALTY APPRAISAL 21,525.00 84815 HARTZOG & CRABILL, INC. 517.50 84816 HAULAWAY STORAGE CONTAINERS, INC. 223.20 84817 HELLER'S CLEANING SERVICES 1,900.00 84818 HEWLETT - PACKARD COMPANY 265.07 84819 IKON OFFICE SOLUTION 220.41 84820 INLAND EMPIRE LOCK & KEY 519.62 84821 INSTITUTE TRANSPORTATION ENGINEERS 282.00 84822 ANDY IVAR 200.00 84823 _ JEFF HAUSER MOBILE WELDING 1,260.00 84824 JOHN DEERE LANDSCAPES 1,359.81 84825 JONES & STOKES 94,974.68 84826 KIRSTEN KING 512.25 84827 KOBATA & ASSOC., INC. 30,560.00 84828 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE_ 165.00 84829 LAKESHORE HOMES & DEVELOPMENT, INC. 1,950.00 84830_ THE MARK FISHER COMPANY 560.00 84831 _ MAYHALL PRINT SHOP 247.05 84832 MBIA 452.38 34833 _ _ _ LINDA M. MILLER 5,032.50 84834 MOBILE SATELLITE VENTURES, L.P. 75.30 2/23/2006 Warrant 021506 2 OF 4 AGENDA ITEM NO. PAGE 3 OF r FEBRUARY 15, 2006 CITY OF LAKE 1K E ELS ® WARRANT LIST CHECK# VENDOR NAME AMOUNT 84835 MORROW PLUMBING, INC. 306.00 84836 MUNI FINANCIAL 120.00 84837 MURRIETA MULISHA BASEBALL CLUB 192.00 84838 NBCE, INC. 8,385.00 84839 NBS GOVERNMENT FINANCE GROUP 10,710.35 84840 NFPA 135.00 84841 NOBLE CONSULTANTS, INC. 35,518.00 84842 NORTH COUNTY TIMES 79.73 84843 OK FINE PRODUCTIONS 953.88 84844 PAPER DIRECT, INC. 156.90 84845 PARDEE HOMES 9.88 84846 PETTY CASH 257.21 84847 PITNEY BOWES, INC. 262,92 84848 PLAYGROUND SAFETY ANALYSTS 3,150.00 84849 DANA C PORCHE 168.02 84850 PREMIUM PALOMAR MT. SPRING WATER 188.60 84851 THE PRESS ENTERPRISE 1,200.71 84852 PRODUCTION VIDEO 375.00 84853 PRUDENTIAL OVERALL SUPPLY 131.90 84854 QUAID TEMECULA HARLEY DAVIDSON 981.36 84855 QUILL CORPORATION 995.93 84856 QWEST COMMUNICATIONS 1,270.16 84857 REGIONAL CONSERVATION AUTHORITY 84,679.60 84858 RIGHTWAY 1,736.94 84859 COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR- CONTROLLER 2,240.00 84860 COUNTY OF RIVERSIDE DEPARTMENT OF INFORMATION TECHNOLOGY 182.74 84861 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR, GARY L. ORSO 826.71 84862 -84863 ROBBINS PEST MANAGEMENT, INC. 700.00 84864 JESUS ROQUE 360.00 84865 SAFETY -KLEEN SERVICES, INC. 370.07 84866 SIERRA INSTALLATIONS, INC..-,-,- 2,105.00 84867 SIGNS PLUS _ 4,133.77 84868 KATHLEEN R. SMITH 180.00 84869 DAVID S. SOLOMON 542.88 84870 -84872 VOID 0.00 84875 -84878 SOUTHERN CALIFORNIA EDISON CO. 7,638 17 84879 SOUTHERN CALIFORNIA GAS CO. 559.96 84880 CHAD STAAT 200.00 84881 STAUFFER'S LAWN EQUIPMENT 140.99 84882 PEGGY J. STORAASLI 253.00 84883 BOB STOVER, INC. 5,095.47 _84884 SUAREZ'S AUTO UPHOLSTERY 450.00 84885 SUDHAKER COMPANY INTERNATIONAL 25,599.89 84886 TEAM AUTOAID, INC. 78,67 84887 _ TEMECULA COPIERS 781.66 84888 _ TRANSPARENT WINDOW FILMS 416.00 84889 _ TRUELINE 21,900.00_ 84890 _ TUSCANY HILLS LANDSCAPE & REC. CO. 124,623.17 84891 -84892 UNION BANK OF CALIFORNIA 2,933,180.11 84893 _ UNITED PARCEL SERVICE 133.72 84894 UNITED STATES POSTAL SERVICE -- -- 2,300.00 845 89 - --------..._._- US BANK 39,985.00 84896 VAN BLARCOM, LEIBOLD, MCCLENDON & MANN 37,475.63 AGENDA ITEM NO. 2/23/2006 Warrant 021506 3 OF 4 PAGE `7 OF�_ FEBRUARY 15, 2006 CITY OF LAKE ELSINORE WARRANT LIST ,/CHECK# VENDOR NAME AMOUNT 84897 VENUS PRINTING 97.35 84898 -84901 VERIZON CALIFORNIA, INC. 3,262.65 84902 VERIZON EQUIPMENT SALES & SERVICE 315.00 84903 VERIZON ONLINE 165.00 84904 KY -ANH VO, AKA TOM VO, JR 652.50 84905 WAXIE SANITARY SUPPLY 490.37 84906 PETER WEBER 262.80 84907 WEST COAST ARBORISTS, INC. 1,465.50 84908 WEST COAST WINDOW CLEANING 450.00 84909 WESTERN BANK OF CHINOOK 2,607.49 84910 WESTERN FARM SERVICE, INC. 1,227.96 84911 WESTERN HIGHWAY PRODUCTS, INC. 1,993.63 84912 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 617,710.32 84913 WILLDAN 10,404.00 84914 ZONES.COM 53.14 84938 VOID 0.00 84941 -84950 VOID 0.00 TOTAL $ 4,601,449.60 P/E DATE: 02/03/06 PAYROLL TAXES 9,877.08 02/03/06 PAYROLL CASH 111,495.47 02/03/06 PAYROLL TAXES 46,975.41 .10-- 02103106 PAYROLL CASH 9,964.22 GRAND TOTAL $ 4,779,761.78 2/2312006 Warrant 021506 4 OF 4 AGENDA ITEM NO. PAGE S OF�,� CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: CLAIMS AGAINST THE CITY BACKGROUND Claims filed against the Cityof Lake 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 r. 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. r DISCUSSION The following claims have been recommended for rejection by Carl Warren & Company: CL #2005 -38 — Randel Woodgrift CL #2005 -39 — Kenneth Woodgrift CL #2005 -40 — Vincent Vasquez CL #2005 -41 — Luis Trujillo & Joe M. Quintero CL #2005 -42 — Anthony and Monica Fairchild CL #2005 -43 — Stephen Stroup CL #2006 -01 — Mohammad Asadullah Reference CL #2005 -38 attachment for CL# 2005 -39 and 2005 -40. AGENDA ITEM NO 3 PAGE F_-Z,�--0 REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 FISCAL IMPACT None. RECOMMENDATION Reject the claims listed above and direct the City Clerk to send letters informing the claimants of this decision. PREPARED BY: APPROVED FOF AGENDA BY: -7 i /p/ FREDERICKfRAY, CITY CLERK AGENDA ITUA NO.- PAGE OF l "'v ..r February 1, 2006 TO: The City of Lake Elsinore ATTENTION: Frederick Ray, Risk Manager RECEIVED FEB 0 7 2006 CITY CLERKS OFFICE RE: Claim Woodgrift vs. The City of Lake Elsinore Claimant Randel Woodgrift D/Event 7/11/2005 Recd Y /Office 12/15/2005 Our File S- 1396118 -RQ 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, WARREN & COMPANY ic�&d D. Marque cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 The City Drive • Ste 400 -Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 Ext. 140 (800) 572 -6900 • Fax: (714) 740 -9412 ACMID t E t tcti :< r.W.__ PACE �y �O Ct o -face' E[IWOTE "'0nF- Litt l qot c--M-ozE„ Robert E. Magee Mayor January 23, 2006 Robert Schiffner Mayor Pro Tern Thomas Buckley Councilman Daryl Hickman Councilman Genie Kelley Councilwoman Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Robert A. Brady City Manager Enclosed for your handling is a claim received on December 15, 2005 from FOX & FOX Law Corporation on behalf of Randel Woodgrifk (CL #2005 -38). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 262. Sincerely FREDER1,9K RAY, CITY CLERK CITY OF LAKE ELSINORE Enclosure cc: City Manager Finance V 130 eSoutf oviain eS&Ed, —ak, Ef ino2e, Co# 92530 9F &Phone (951 ) 674 -3124 gax (951) 6742392 www.CakF- fiinozE.ozq AGENDA ITEM NO, PAGE�_�� FOX & FOX SLAW CORPORATION December 9, 2005 VIA FEDERAL EXPRESS City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Re Woodgrift v. R & R Trucking Dear Clerk: JAMES E. FOX ROBERT M. FOX* Attomeys at Law `OF COUNSEL RECEIVED DEC 1 5 2005 CITY CLERKS OFFICE Enclosed herewith please find an original and copies of the following: 1. CLAIM AGAINST THE CITY OF LAKE ELSINORE by Randel Woodgrift; 2. CLAIM AGAINST THE CITY OF LAKE ELSINORE by Kenneth Woodgrift; 3. CLAIM AGAINST THE CITY OF LAKE ELSINORE by Vincent Vasquez. 4. Exhibits to these claims. Please submit the original claims and return the stamped copies in the self - addressed, stamped envelope provided herein. Thank you very much. Very truly yours, FO FO L W C ORPORATION ON JA S E. :af �., Enclosure 15233 VENTURA BOULEVARD • Suite 1111 • Sherman Oaks, CA 91403 -2201 tel: (618) 986 -4494 • Fax (816) 981 -1181 • E -Mail foxandfox @Sbcgloba1-r ENSGA I T X101 Nu .� PAGE _6 �� F� CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) Received by: d� ity Representative DEC 15 2005 CITY CLERKS OFFICE A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident or 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, City 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 information relative to damage to persons and/or personal property: 1. NAME OF CLAIMANT: RANDEL WOODGRIFT a. Address of claimant: 34895 El Dorado Road, Lake Elsinore, CA 92530 b. Phone No. (95.1) 678 -9584 C. Date of Birth July 6, 1961 d. Social Security No. 565- 374407 e. Drivers License. No. CA N7582657 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: do FOX & FOX LAW CORPORATION, 15233 VENTURA BOULEVARD SUITE 1111, SHERMAN OAKS, CA 91403 3. Occurrence or event from which this claim arises: a. Date: JULY 11, 2005 b. Time: 11:25 p.m. c. Place (Exact and specific location) 32391 Riverside Drive (SR -74), Lake Elsinore, CA d. How and under what circumstances did damage or injury occur ?Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary). e. What particular action by the City or its employees, caused the alleged damage or injury? City of Lake Elsinore created a dangerous condition of public property when dangerous condition. See Attachment 3(e). AGENDA ITEM NO. PAGE OF Id 0 na 0111.. 4. Were there any injuries at the time of this accident? If not, state 'No injuries'. Claimant has suffered the wrongful death of his wife, Barbara Vasquez - Woodgrift who was killed. 5. Give the name(s) of the City employees) causing the damage or injury: Steve Alvarado, Carol Gordon and /or other unknown City of Lake Elsinore employees. 6. Name and address of any person injured: Kenneth Woodgrift, 34895 El Dorado Road, Lake Elsinore, CA. 7. Name end address of the owner of any damaged property: Randel Woodgrift, 34895 El Dorado Road, Lake Elsinore, CA 8. Damages claimed: a. Amount claimed as of this date $ 8.000.000.00 b. Estimated amount of economic damages $ 1,000,000.00 c. Total amount claimed $ 9,000,000.00 d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc); Death of Claimant's wife. 9. Names and addresses of all witness, hospitals. doctors. etc: a. See attached Sheriffs investigation reports medical records, photos b. C. 10. Additional information that might be helpful in considering this claim. Materials attached. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 72/Insurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge except as to those matters stated upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. SIGNED THIS 9" DAY OF DECEMBER 2005 AT CLAIMANT'S SIGNATURE: OAKS, CALIFORNIA. AGENDA iT0,11 PAGE? OF I,_� ____ ATTACHMENT 3(e) City of Lake Elsinore Code Enforcement Officers, Carol Gordon, Steve Alvarado, identified in the attached Incident Reports as Steve Alvarez, and others, authorized and /or ratified Steven Harding and Romeo Rodriguez, dba R & R Trucking, to park and store a detached Trailer at the accident site along Riverside Drive (State Highway 74). City of Lake Elsinore created a dangerous condition of public property by authorizing trailer to be left standing, parked and stored in bike lane on westbound side of State Highway 74 without placement of emergency reflectors. The position of the trailer created a condition that resulted in a hazard to traffic on the Riverside Drive (State Highway 74). City of Lake Elsinore had notice of the dangerous condition because: 1. By authorizing the trailer parking and storage at the subject location, the City participated in creating the dangerous condition; and 2. Before the crash, the City received complaints and warnings about the dangerous condition on Riverside Drive, including specific warnings that the trailer left in that location was going to cause a crash. One such warning came from Norman Harris, Property manager for commercial property adjacent to crash location. Address: 15891 Grand Avenue, No. 1, Lake Elsinore, CA 92530. SNOW AGENDA 1TERA NO, 3 PAGE_L_0 U James E. Fox, Esq. Richard Fischer, Esq. Fox & Fox Law Corporation 15233 Ventura Boulevard Suite 1 1 1 1 Sherman Oaks, CA 91,403 Telephone: (818) 986-449044 Facsimile :(818) 981-1181 Attorneys for Claimants IN THE MATTE Of P 4,009mb, v4wPt.;4�fur EM 3 QF Ido- 10-1- &a AGENDA ITEM NNO.- 3 PACE i i OF-12,0 AGENDA ITEINI W.). PACE 1 aF /4-2 .r'" Lmn ✓- - AGENDA ITEM NO 3 PAGE / �-3O F °' G AGENDA ITEM NCB. 2 � v PAGE OF I & J ,-ale ,*So* AGENDA ITEM NO.— 3 PAGE OF Id � ',�; ,��S� _ Y* Y�V -� a ... - AGUNDP, MLN, PACE L? OF -40of 14190 Lmn Ao•�- g' l i k .z d IA P 11w { 7 s w A 4- .� \��� y� \� ;� e � � � \� % � � / \. � � � . < % « :_ l �.�� :y§ , .. . . ...� z � � 2 \- � � � . �� \ . � (� < .` � � � A� a- � , .. .�f� ©� ��� \�� . { . »«�� � . « a.� � v : � � 2`�K. a : - -<� �� � \. !!. �. ..� . - Jym yj\ . ��� . �(� .- ` ^ ®�« . / : 2 . - ?� � ��� .� < ���� \ �� � � d 2 � �.w` -K � � � \� t\ . ��.� -%. y2 . � � � \�� \\� �� � yy � ., \� y.:� �� $���\ ,-age 0 3 PAGE� k 4 u` I ll . AGENDA IT N !110 3 PAGE_„Q2____GF= ZC9'�-- �, �PT � � Yr ;� h- � � � �� ��* - � z .�� s l C� ui� _. y,� � y -'� r' �3a a.:a �� �"' .. .SIC'. .F S'' - ' � 4 � ;� '� -M .F 1 � 1 �1I �� j l ji �`� , _ j' .xc. i ' V ' ' r �� ,�; .� i �.,,� ''� v .. �� �� t� ;� , �, �� 1 t 1 �T�� ;1 ;jt °� � �/ �� ���� �� ��� s/� 6' ��� �� r .`�! ' I �� t,� , '� �1 - � � f� I '� I � a ��� . ,-\ r ,ice .C� °� -. `.,E s �fi �_ �,... j 4�� _ �a } _ h�`a �� � �� �. � � �' "„y Z 'r.:. .. �� �tf �}'''6 w ':s. .. �ti ,1 � ���b 'fir- .,+.-. '�� '�y a- _ c r� ; �:. �';R _ i �� - �} r 7 � ' • f � 4 �� M M✓_� .. y'. ��J - ti. '�s i �' � { 'C h' �4. ` .... �i'�j �- � ; �9'9- , _- '�frF i` )d s� ��� • 3 S � 3'_ Vy 1 '� ��s � 4 �, t i' _... ._.: Y'_MYSt�'�Fs� ����.�'_ ��v pis �* i� w� 'd 3 OF /aU INCIDENT REPORT RIVERSIDE COUNTY SHERIFF CA0330000 ® INITIAL ❑ SUPPLEMENTAL VICTIM — REPORTING PARTY — WITNESS — OTHER: p see Addifiong Persons Repast ,,,.WSPECT: ❑ Adult ❑ Jumile ❑ Parole ❑ Probation ❑ see Additiooal Penom Repot ❑ ARRESTED ANNEIM NAME (Last, Fnst, Middle) .SEX .RACE S. DOB AGE . HT WT . HAIR . EYES L SKIN IIM�N/A — CITY T1 GANG DATA Gang Name(s): ❑ Member C Associate ❑ Self Admit ❑Prior Knowledge TATTOOS /SCARS ❑ Fue O Neat ❑ R. Arm ❑ L Aim 13 Hmh 0Tom ❑ Brat O Logo / VEHICLES: ❑ REFER TO CHP 190 FORM FOR STOLEN, RECOVERED, TOWED OR IMPOUND S. ucExsE 6. STATE YEAR MAKE MODEL a a . BODY STYLE 1. STN / RCV AUTO V ALOE NIA A2aL n COLOR 83. VIN k 84. OTHER IDENITHWS 7- DISFOSMON OF VEHICLE K REGISTERED OWNIDt i7. ADDRESS CRY STATE ZIP PHONE j ❑ PROPERTY REPORT ATTACHED FOR STOLEN, RECOVERED, OR DAMAGED PROPERTY REPORTINO OFFICER OFF. D) BY / DATE ENTERED BY / D C_AII.MIM. 3520 CITY, T/C 89. AMAG'D PROPERTY VALUE AGENDA !T04 N0.- PAG 3 OF l a FnE NUMBER ADDITIONAL PERSONS REPORT 1.85192075 RIVERSIDE COUNTY SHERIFF CA0330000 ® INITIAL ❑ SUPPLEMENTAL VICTIM — REPORTING PARTY - WITNESS — OTHER O Sea AddWmd Pan= Repat NAME(L=t. First, hfiddlc) SEX RACE DOB .KACW1F,STEVENLEE M w 062258 RESmEN(E ADDRESS CPfY 21P RES. PHONE t03 S. CALIFbA LAKE ELSINORE 92530 950 * 245 -3991 BUSINESS ADDRESS CITY ZIP BUS. PHONE HARD ROCK TILE AND MARBLE ORANGE 714 715 -7463 NAbOPAK FkK Middk) SEX RACE DOB WC EUXEN GRACE F A 032 %i RESIDENCE ADDRESS CITY ZIP RIM PHONE 37628 FLORA COURT AIURRIETA 92563 "1. 6774354 BUSINESS ADDRESS CITY ZIP BUS. PHONE WELK RESORT SAN MARCOS 301 523 -0113 CEL NAME gAd. Fist, Maldk) SEX JRMM DOB WOODGREff, RANDALL NMN M 1w 070661 RESIDENCE ADDRESS CITY ZIP ABS- PHONE 34895 EL DORADO LAKE ELSINORE 92530 951 678 -9584 BU ADDRESS CITY ZIP BUS. PHONE EDWARDS LIFE SCIENCE IRVINE ("9) 250 -2413 33440 MACY LAKE ELSINORE 92530 .1(951)478-5294 BUSBQW ADDRESS CITY ZIP ELM PRONE R & R TRUCKING LAKE ELSINORE 1(951)_554-W38 CEL Fia. Middk) SEX RACE I DOB RESIDENCE ADDRESS C[PY ZIP am PHONE BUS*aW ADDRESS CiIY ZIP BUS. PHONE NAM (task Fist, MWdk) SEX RACE I DOB RADDRESS CPIY ZIP RM PHONE ADDRESS CITY ZIP BUS, PHONE Aurnecz Cnl .stp my snra PAGE 3 y .._®F Po 'y.ne )ATE OF CALIFORNIA RAFFIC COLLISION REPORT /"MP 555 CARS Page 1 (Rev 1-03) OF1061 pop li A CONDITIONS 1- CRY JUM LL. DISTRICT LAKE ELSINORE SOUTHWEST LOCAL REPORT NUMBER L05192075 *ummaUAo OF 1 Ej RIVERSIDE COWITY REPORTING olsTRICr SEAT 905G 95 Z COLISIONOCQIRREDOIC SR -74 (RIVERSIDE DRIVE) MO DAY YW 7/11/2005 WM 94M 2320 NCICNI 3300 OFFICER LD. 3520 QIILEPpgT11fO1MIATpIt. V O .3 MM.E(S) WEST OF 74RIV 13.00 DAY OF WEEK MONDAY TOW AWAY X YES No PHOTOGRAPHS BY: ❑NONE Fr DAVIES ID N2155 TOnava[CTION WITH: X .1 MILE(S) WEST OF EMENHOWER.DRIVE STATE HM X TES 11 NO ARY 1 DRIVER'S mom HBAWER C3017188 I STATE CA I CUM C J*ABZ7 L SAFE7Y EOIRP. D VEH. YEAR 2002 MAI0:VMCOELICOLDR C YUKON XL BLK LICENSE /ARABER M00529 STATE CA RIVER. NAM 04ST. UODL&IJUM BARBARA ANN VASQUEZ WOODGRIFC OWNER'S NAME SAME AS DRIVER - ¢1E8 STREET ADDRESS; 34895 EL DORADO OWNENCS ADORESS BASTE AS DRIVER - "M alICU CNiY18TATElLP - LAKE EISINORE CA DISPOSITION OF VEHICLE ON ORDERS OF_ TOWN AND COUNTRY - (951 )674-1 ^_- x oPwcegt ' I[7NIVat ❑DRIER LJ LIST a" F NAM IBRN EYES IBRN 15-07 "MIT m.HT 135 aIRTNNDATE mo 1/19/1964 Y.r RACE H PRIOR AEENLDEFEECII APP. x ROPER To NMMW4 THER NOME FICHE SUGIESS (951 )678-9584 PHONE VEI= IDENIMATTON HUMMt iGKFK66UX2J131259 VEHIClETYPE DESCRIBE VEHICLE DAMAGE SHADE IN DAMAZIM AREA M. in— X CA am cAL.T MGADC 1105 RIMNOE CARRIER POLICY IRAMEt AAA 02810805 ow Of IAA W ON STREET co FBDFMVAY SR-74 (RIVERSIDE D _ W<ifDILST 40 -y DRIVER'SUCOWNUMSM STATE CLAss ABt BAG sArmy EDIRP. VE.TEAR 2004 wx#i MODE. /COLOR WHI UCENO NtRASEN 4EL.2323 STATE CA XVVER wMHEFIRST.LSDDLE.I.AST) OWNERS NAME SNE AS DRIVER ROMEO RODRIGUI' HOE- tBAN STaaTADDRIM - OWNEMADDRESS ❑SAM AS DRIVER 33440 MACY STREft LAKE EL egg CA 92530 WOW CDY/SrATT/aP DISPOQTNONN OF VEI EON OFIDEII OP: ❑om— DDRN U ER I- EFI'ON SCENE L_J �J _ BIOY- 80 IWAt Eras HEIGHT WEIGHT MD �SIRTHMTE ow rw RACE PIKIRUE47MNICII cePECTS APP. REFT3t TO NYIMAIiVE OTHER HOW PROM BUSINESS PHONE - VESCLEOENTIRCATIONNI BEC - 1UYVS2533MO9102 VMCiE TYPE DESCRIBE VEHICLE DANADE SHADE •H DAMAGD AREA toHK 31 x CA DOR w,T TcpPSO Mcm aNBtiRAnLt CARBIEA POLICY MRASER D. OLANDER INS. ACMCY CTI 0026014 DBLDF W ONSTPEETORM"VAY SR-74 (RIVERSIDE D armuwr 40 .Mry 3 OMWV LICENSE MRASEt STATE CLASa r BAG SAFETY cow. VEN. YEAR MAKE /MODEL /COLOR LICENSE MATER STATE )RIVER NAMEQ4RST. AAODLE.tAB't) - CwVHI m NAME ❑ SAME AS DRIVER 'EDES- STRESTADDRESS C —�' " "` OWNER'SADORM t l—AS DRIVER LJ MAIM CRYNSTATEIZIP pHIPOSR10N OF VEHICLE ON ORDERS OF_ _ - THER . - CLIST SEI MART EYES HEOw MIBGHf B lE Y� RACE PPoORIAEpW1CIALDE'ECTS APP. TO NAARATWE OTHER HOME PHONE BUSINESS FNDNE VEHICLE IDFIIRFTCIUION NUMOM VE ICE TYPE DESCRIBE VEHICLE DNAAOE MAST M DAMAGW AREA ROLL-0VER CA DOT CAL -T TCPAA-SC MCw RWTRINNCE CARRIER POLICY NummER DIN OF TRAJ ON STREET OR NOWAY SPEED um PREPARE" HAW DISPATCH J. F. GALZOTE 3520 NOTIFIED - TES NO A PEVIEINER'E MAW DATE REVIEVVED r% / 7"oJ- l: z 2 �, F- Lu U Lu U ATE OF CALIFORNIA RAFFIC COLLISION CODING iP 555 CARS Paget (Rev. 1 -03) OP1061 Pion 7 of Vn M Of COWY,.ONNNO. DAY YEAR) 11/2005 T 2320 N=* 3300 Oman ID. 3520 Nuvam L05192075 ,ROPER OWNFR gMJER ADDFZU S ❑ DAMAGE DeSCFUPTM OF DAMAGE SEATING POSITION - C 1 2 3 1. DRIVER 2 TO 6 - PASSENGERS E 4 5 6 F- 7 - STA. WGN REAR G 8 - RR. OCC TRY. OR VAN H 9 - POSITION UNKNOWN J 0 - OTHER J K SAFETY EQUIPMENT OCCUPANTS L -AIR BAG DEPLOYED MIC BICYCLE - HELMET A - NONE IN VEHICLE M - AIR BAG NOT DEPLOYED DRIVER PASSENGER B- UNKNOWN N-OTHER V -NO X -NO -LAP BELT USED P -NOT REQUIRED W 'YES Y -YES 0 - LAP BELT NOT USED - SHOULDER HARNESS USED CHILD RESTRAINT SHOULDER HARNESS NOT USED EJENOTEJECT1VEHtCLE - LAPJSHOULDER HARNESS USED Q - IN VEHICLE USED 0 -NOT EJECTED - LAPIS OULDER HARNESS NOT USED R - IN VEHICLE NOT USED M - FULLY EJECTED S - IN VEHICLE USE UNKNOWN - PASSIVE RESTRAINT USED T - IN VEHICLE IMPROPER USE 2 - PARTIALLY EJECTED - PASSIVE RESTRAINT NOT USED U - NONE IN VEHICLE 3 -1N KNOWN INATTENTION CODES A -CELL PHONE HANDHELD B- CELL PHONE HANDSFREE C- ELECTRONIC EQUIPMENT 0 -RADIO / CD E - SMOKING F -CHILD O - CH0.DREN H - ANIMALS 1- PERSONNEL HYGIENE J- READING K - OTHER ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK () SHOULD BE EXPLAINED IN THE NARRATIVE. PRIMARY COLLISION FACTOR ` NJST NIMBHtP Of P/Vt:iY ATFAALT TRAFFIC CONTROL DEVICES 1 2131 - aremL INFORmATKON 1 213 MovEMEitT rREN:eoplo VC SECTION V10LATE0 CITED( A Z31UR PS A . W ZARDOUS MATE IA A STOPPED hACONTROLSROICTIONIHO OLS'NOT FUNCTIONING• B CELL PHONE HANDHELD N USE 8 PROCEEDING STRAIGHT OTHER IMPROPER ORIVING' OLS OBSCURED C CELL PHONE f WIDSFREE IN USE C RAN OFF ROAD NTROLS PRESEITJ FACTOR- D CELL PINONE NOT IN USE D MAKING RIGHT TURN C OTHER THAN DRIVER' TYPE OF COLLISKIN E SCHOOL BUS RELATED E MAKING LEFT TURN O UNKNOWN' JA HEAD -ON F 75 FT MOTORTRUCK COMBO F MAKING U TURN B SIDESWIPE IQ 32 FT TRAILER COMBO, a BA(SaNG X C REAR END X N I( I N SLOWNGJSTOPPNG WEATHER (MARK 1 TO 2 ITEMS) 0 BROADSIDE 1 i PASSING OTHER VEHICLE A CLEAR E HIT OBJECT J J CHAINING LANES 8 CLOUDY F OVERTURNED K K PARKING MANEUVER C RAINING a VEHICLE I PEDESTRIAN L L ENTERING TRAFFIC D SNOWING N OTHER' Y X Y OTHER-UNSAFE TURNING E FOGJVISISILRY FT. N N XNG INTO OPPOSING LANE F OTHER MOTOR VEHICLE INVOLVED WITH O X O PARKED a WIND A NON - COLLISION P I I F MERGING LJONTING 8 PEDESTRIAN Q IQ TRAVELING WRONG WAY A DAYLIGHT' C OTHER MOTOR VEHICLE 1 2 # OTHER A890CIATED FACTORS (MARK 1 TO 2 ITEMS) R OTHER': 8 OUBK- DAWN D MOTOR VEHICLE ON OTHER ROADWAY C DARK - STREETLIGHTS , X E PARKED MOTOR VEHICLE - X A reaea"=wL4km cam ('MRCS 22107 D DARK -NO STREETLIGHTS F TRAIN H DARK - STREET LIGHTS NOT FUNCTIO ING` O BICYCLE 8 vo�ecaaawmmm 21211(8) N ANIMAL: 1 2 3 SOYRMlTY -DRUG PHYSICAL (ARK 1 TO 2 HEMS) ROADWAYSURFACE Vcsvm=vxwKm CP 8 C y" No A DRY 1 FDCEO OBJECT: B WET IR D E V93ONO88CUREMENT. A H1AD NOT BEEN DRINIWG B HOD- UNDERINFLUENCE C SNOWY -ICY OTHER OBJECT: D SLPPERY fMUD OY, OILY, ETC.) F NATT9IITON^ C HIND - NOT UNDER INFLUENCE' ROADWAY COMXnON(8) (MOM I TO 2 ITEMS) G STOP a GO TRAFFIC D HIBD - IPAIIAENT UNK NOWIC PEDESTR1AM8 ACTIONS ENTERNG J LEAVING RAMP E UNDER DRUG INFLUENCE' A. HOLES, DEEP RUT- X A NO PEDESTRIANS INVOLVED 1 PREVIOUS COLLISION F RAVU RMEKT - PHYSICAL• B LOOSE MATERIAL ON ROADWAY' B CROSSING IN CROSSWALK AT INTERSECTION J UNFAMILIAR WITH ROAD G IMPAIRMENT NOT KNOWN C OBSTRUCTION ON ROADWAY' K DEFECTIVE VEIN. EQUIP.: CITED X I N NOTAPPLICABLE D CONSTRUCTION - REPAIR ZONE C CROSSING IN CROSSWALK -NOT AT INTERSECTION 8 YES NO 1 SLEEPY! FATIGUED E REDUCED ROADWAY WIDTH F FLOODED' D CROSSING - NOT IN CROSSWALK L UNINVOLVED VEHICLE G OTHER': E IN ROAD - INCLUDES SHOULDER M OTHER' H NO UNUSUAL CONDITIONS F NOT IN ROAD X X N NONE APPARENT G APPROACHING I LEAVING SCHOOL BUS I I 1 10 RUNAWAY VEHICLE IKETCH AOI /Z� aNrOATe NORTH MISCELLANEOUS iN:C'I ll%� \*moI LI_ nI Mu W V 01 CL z LLJ 0 ATE OF CALIFORNIA IJURED I WITNESSES I PASSENGERS rP 555 CARS Paw 3 1-03 OP1061 Paps 3 of XD ;ME / D.O.B. / ADDRESS ARABARA ANN VASQUEZ WOODGRIFT ( 01119 /1964) 34895 EL DORADO LAKE ELSINORE CA (951)678 -9584 `IJURED ONLY) TRANSPORTED BY: TAKEN 70: _- — :SCRIBE INJURIES: SEE SUPPLEMENTAL AUTOPSY REPORT VICTIM OF VIOLENT CRIME NOTIFIED �* ❑ OF COLLISION (MO. DAY YEAR) TME(240M NCK f OFFICER LO. NUMBER 11/2005 2320 3300 3520 L05192075 ATNEW PASeIlNOM M VICTIM OF VIOLENT CRIME NOTIFIED EXTENT OF INJURY(W ONE) INJURED WAS ('X' ONE) PAM SEAT A pt SAFM BROKEN RIGHT FEMUR, DISLOCATEDBROKEN LEFT SHOULDER, ONLY oONLY AM on _ M& spa eaw. EJECTW FATAL SEVERE O1Ndl VI8 M ODMMAM ON 1m PAW. Pw. BICYCLWT OTHIFN muhum AME I D.O.B. l ADDRESS TELEPHONE LODERECK CLEER PRESSEY 12/109 95913ERONIE STREET. WINDSOR, ONTARIO CA NORELO (571)974-4273 -l)REO ONLY) TRANSPORTED Or TAKEN TO: INAIRT MAR► SWRT OF PAMI I* ❑ 4I F ❑X ❑ ❑ ❑ ❑X ❑ ❑ I ❑ I ❑ I 1 L D 0 ;ME / D.O.B. / ADDRESS ARABARA ANN VASQUEZ WOODGRIFT ( 01119 /1964) 34895 EL DORADO LAKE ELSINORE CA (951)678 -9584 `IJURED ONLY) TRANSPORTED BY: TAKEN 70: _- — :SCRIBE INJURIES: SEE SUPPLEMENTAL AUTOPSY REPORT VICTIM OF VIOLENT CRIME NOTIFIED �* ❑ M ' ❑ I O I ri ❑ ❑ I o ❑ ❑ ❑ 1 9 M VICTIM OF VIOLENT CRIME NOTIFIED o AME / 0.0.8.1 ADDRESS TELEPHONE :ENNY WOODGREF-T IIAS /1995 34895 EL DORADO LAKE E1.31IME CA 92530 951 78-9584 NJURED ONLY) TRANSPORTED Br: TARN TO: 0AERICAN MEDICAL RESPONSE INLAND VALLEY MEDICAL CENTER EscweE MIJI)RIF4 BROKEN RIGHT FEMUR, DISLOCATEDBROKEN LEFT SHOULDER, ACERATION TO HEAD, TOP/FRONT TEETH KNOCKED OUT VICm OF VIOLENT CRIME NOTIFIED �* ' ❑ ki 10101 Lu ❑ 1 ❑ ID10101 ❑ ❑ AME I D.O.B. l ADDRESS TELEPHONE LODERECK CLEER PRESSEY 12/109 95913ERONIE STREET. WINDSOR, ONTARIO CA NORELO (571)974-4273 -l)REO ONLY) TRANSPORTED Or TAKEN TO: VICTIM OF VIOLENT CRIME NOTIFIED 2 E] M ❑ ❑ ❑ E] ❑ ❑ ❑ ❑ ❑ . _ .... - TELEPHONE INJURED ONLY) TRANSPORT» BY: TAKEN TO: I IESCRIBE IMMUM —fie =TM OF VK)LENT CRIME NOTIFIED XJ 3 ❑ M ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ TELEPHONE NAME / D.O.S. IADDRESS DEPUTY PATRICK. NONE STRANG CONFIDENTIAL 909)322 -6%9 MUURED ONLY) TRANSPORTED BY: TAKEN TO: _ XSCRtBE INJURIES VICTBA OF VIOLENT CRIME NOTIFIED :l` ❑ ❑ ❑ ❑ . ❑ ❑ ❑ D I ❑ ❑ NAME / O.O.B. /ADDRESS TELEPHONE I Y! \ 1 7 f` ONLY) TRANSPORTED BY: DESCRIBE INJURIES: PREPARERS NAME J. F. GAIZOTE TAKEN TO: ►AIMBER M0. DAY YEAR 3520 7/11/2005 LL C t I t7 M VICTIM OF VIOLENT CRIME NOTIFIED L MO. DAY YEAR Lu 9 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 4 OF Za DATE OF INCIDENT TIME NCIC NUMBER OFFICER LD. NUMBER 07/11/2005 2320 3300 3520 L05192075 1 TABLE OF CONTENTS 2 3 ASSISTING PERSONNEL.......... 4 FACTUAL DIAGRAM ................. ............................... ........................attached supplemental 5 FACTS ....... ............:.................. . ........ _..:............ 8 6 PHYSICAL EVIDENCE ................................................................... .......................:.....11 7 STATEMENTS .... .................... . .... . ....................... .... ....................'........11 8 OPINIONS AND CONCLUSIONS ..... ............................... .................. .............................18 9 RECOMMENDATIONS ................................................................... .............................20 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 J.F. GALZOTE 1 3520 0712312005 /� 9- /7 -or LU w 0 Lv Q �. STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE s of �O DATE OF -INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/11/2005 2320 3300 3520 LO5192075 1 ASSISTING PERSONNEL 2 3 RIVERSIDE COUNTY SHERIFF'S DEPARTMENT 4 Lake Elsinore Station, 333 W. Limited, Lake Elsinore 92530 (951) 245 -3300 5 Accident Investigators: 6 Sergeant R. Heim; 1D #1772 (Supervisor) 7 Deputy J. Galzote, ID #3520 (Lead Investigator) 8 Deputy G. Mojado, ID #2534 (Scene Investigator) 9 Deputy F. Bommer, ID #2079 (Scene Investigator) 10 CSO J. Brown, ID #N2267 (Vehicle Inspector) 11 12 Assisting Patrol Deputies / Officers: ,..,,,13 Deputy M. Fraker, ID #3059 initial on scene officer 14 Deputy J. Strang, ID # - initial on scene officer 15 Deputy C. Staat, ID #3398 — initial on scene uniformed officer 16 Deputy V. Amparano, ID #3218 — backup Deputy 17 Deputy R. Stewart, ID #3210 — accompanied P -1 (K. Woodgrift) to Inland Valley Regional Medical 18 Center. 19 20 FORENSIC SERVICES — RIVERSIDE STATION 21 1.111 Spruce St, Riverside 92507 (951) 955 -2546 22 Forensic Technician Davies, ID #N2155 23 24 RIVERSIDE COUNTY FIRE DEPARTMENT 25 Battalion Chief N. Nickerson, ID #1924 26 27 Station #85, 29405 Grand Avenue, Lake Elsinore 92530 (951) 245 -2185 28 FAE C. Eaves ,"?9 FFII N. Vasquez PREPAREQ BY I.D. NUMBER DATE tev J F GALZOTE 3520 07123/2005 AGENDA ITEM NO. PAGE OF - -a� STATE OF CALIFORMA NARRATIVE/SUPPLEMENTAL PAGE 6 OF ZL" UAI c yr IMAUtN I I IME NCIC NUMBER OFFICER I.D. NUMBER 07/11/2005 2320 3300 3520 L05192075 1 FFPM S. De La Hoya 2 3 Station #11, 17643 Brightman Avenue, Lake Elsinore 92530 (951) 678 -2161 4 FAE J. Crater 5 FFIIP D. Finley 6 FFA T. Mendoza 7 Volunteer FF S. Annya 8 Volunteer FF R. O'neill 9 10 Station #10, 410 W. Graham, Lake Elsinore 92530 (951) 674 -2161 11 FAE J. Mc Milian 12 FFIIP J. Merryman 13 FFII D. Williams 14 15 RIVERSIDE COUNTY CORONERS OFFICE 16 800 S. Redlands, Perris 92570 (951) 443 -2300 17 ME McCormick, MD 18 Coroner Tech W. Spykstra 19 Deputy Coroner Smith, ID #N3828 20 21 22 23 24 25 26 27 28 29 rrccrnrccU o r J.F. GALZOTE 3520 07/23!2005 y Q-i7—a.T AGENDA ETEM N0 dF� pAGE____ -- — N..v 1 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 7 OF DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/1112005 2320 3300 3520 L05192075 FACTUAL DIAGRAM AND LEGEND 2 -3 See Deputy Mojado's attached supplemental for factual diagram, factual diagram legend 4 and vehicle measurements. 5 6 7 8 9 10 11 12 13 i^ 4 I&I 16 17 18 19 20 21 22 23 24 .25 26 27 28 ,.'..29 J.F. GALZOTE 3520 07/2312005 AGENDA ITEM IUD• PAGE___ --QE -- d STATE OF CALIFORNIA tc- •460 07/11/2005 2320 3300 3520 L0519M75 1 FACTS 2 3 NOTIFICATION: 4 1 received this fatal injury traffic collision by telephone at 2325 hours on 07/11/2005. 5 Responding from my residence, 1 arrived on scene at about 0052 hours. All times and speeds 6 found in this investigation are approximate unless otherwise indicated. Deputies Mojado and 7 Bommer took measurements of the collision scene using an LTI Lidar Laser, which Deputy 8 Mojado documented in the attached supplemental collision report containing a factual diagram of 9 the collision scene. 10 11 ASSIGNMENT: 12 Upon arrival to the scene of this collision, I was assigned as the lead investigator of this 13 collision. 14 15 SCENE:. 16 17 ROADWAY: 18 SR -74 at this location is a designated east! west State Highway, located in the City of Lake 19 Elsinore. SR -74 in this area is also a designated truck route per Cal - Trans. The posted speed 20 limit is 40 miles per hour. The roadway consists of one lane In each direction. The eastbound 21 lane is separated from the westbound lane by a two -way center turn lane. This turn lane is marked 22 as painted yellow solid and dashed lines. SR -74 is bordered on the north by a white, painted 23 bicycle lane, raised concrete curb and sidewalk, traffic regulation signs, and Southern California 24 Edison Poles, which are positioned just off of the roadway. A concrete driveway for the entrance 25 into a retail shopping plaza is located to the east of the area of impact. SR -74 is bordered on the 26 south by a dirt shoulder and field, which includes trees, traffic regulation signs and Southern 27 California Edison Poles, which are positioned just off of the roadway. The roadway surface is 28 composed of asphalt concrete and is relatively straight and level. At the time of this collision, all ,*./ J.F. GALZOTE 3520 07/2312005 /� IV�� 17-vJ^ AGENDA ITEM NO. PAGE— 4), OF /��% STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 9 OF 2n DATE OF INCIDENT TIME NCIC NUMBER OFFICER 1_D. NUMBER 07/1112005 2320 3300 3520 L05192075 1 roadway markings and signs were in good condition. No visual obstructions were noted or, 2 claimed. See factual diagram for further details. 3 4 OTHER FACTUAL INFORMATION 5 Sergeant Ron Heim of the Lake Elsinore Police and Riverside County Sheriffs Department 6 Traffic Division contacted the authorities at Caltrans and California Highway Patrol (CHP) 7 regarding the bicycle lane and legality of parking within the bicycle lane. Caltrans and CHP 8 advised and confirmed the lane was a painted bicycle lane and parking within the lane is illegal 9 pursuant to section 21211 of the California Vehicle Code. At the time of this collision, only one 10 posted "No Parking" sign was found. This sign was posted west of the collision scene. 11 12 PARTIES 13 ,4 Party #1. P -1 (Barbara Woodgrift), Deputies Fraker and Strang, who were first on scene, 15 saw P -1 in the driver's seat of V-1, GMC Yukon. P -1 was unconscious and unresponsive. 16 Attempts to extricate P -1 out of the vehicle by on -scene Deputies and Riverside County Fire 17 (RCF) personnel were unsuccessful. P -1 succumbed to the injuries sustained during the collision 1.8 and was pronounced dead on scene by RCF. Subsequent to our investigation, the Riverside 19 County Coroner's Office assumed control of P -1 for an autopsy and was eventually released to 20 her next of kin. See attached supplemental report and Coroner's report for additional information, 21 concerning injuries and cause of death. 22 23 Vehicle #1, V -1 (GMC Yukon XL), was located on its wheels, at its point of rest as 24 depicted in Deputy Mojado's factual diagram. V-1 sustained major crush and bum damage 25 throughout, particularly to its entire front end. Town and Country Tow impounded V -1 for a vehicle 26 inspection (See CSO Brown's supplemental report for further information) and was subsequently 27 released to V -1's insurance carrier. 28 r, —q J.F. GALZOTE 3520 ....,� 07/23/2005 AGENDA iTEPA PAGE q 3 OF /020 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 100F 2P DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/11/2005 2320 3300 3520 L0519M5 1 Vehicle #2, V -2 (Utility Trailer), was located on its wheels, at its point of rest, as depicted 2 in Deputy Mojado's factual diagram. V-2 sustained moderate contact and bum damage to its rear 3 end, including damage to the rear bumper and rear cargo doors. V -2 was left on scene. The 4 registered owner, Romeo Rodriguez, was contacted and made aware of the incident. 5 6 Witness #1, W -1 (Roderick Pressey), was contacted on -scene after the incident, and 7 identified as a witness by his statement and the statement of on -scene deputies. 8 9 Witness #2, W -2 (Deputy M. Fraker), was contacted on 07/29/05, during a follow up 10 investigation of the incident. 11 12 Witness N. W-3 (Deputy J. Strang). was contacted on 07/29/05, during a follow -up 13 investigation of the incident. 14 15 Other #1, 0-1 (Romeo Rodriguez), was contacted-on -scene after the incident and was 16 Identified as the registered owner of Vehicle -2 (V-2) by the registration of V -2 and his statement. 17 18 Other #2, 0-2, (Steven Hardina), was contacted on 07113/05, during a follow -up 19 investigatiom 0 -2 was identified as-the last driver of V -2 by his statement and the statement.of 0- 20 1. 21 22 Other #3.0 -3 (Steven Mackie). was contacted on 07/16/05, via telephone, during a follow- 23 up investigation of the incident and was identified as a bowling league team member of P -1 by his 24 statement. 25 26 Other #4. (Aileen Lucas), was contacted on 07/16/05, at her residence, during a follow -up 27 investigation of the incident, and was identified as a bowling league team member of P -1 by her 28 statement. 29 J.F. GALZOTE 3520 07123/2005 ;" ....._..- PAGE_!j_'A 'UF� 1 �- C`J STATE OF CALIFORNIA NARRATIVEISUPPLEMENTAL PAGE IIOF zo DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/1112005 2320 3300 3520 L05192075 1 Other #5, 0-5 (Randall Woodgrift), was contacted on 08/01/05, at his residence, during a 2 follow -up investigation of the incident, and was identified as the husband of P -1 by his statement. 3 4 Passenger #1, Pass. #1 (Kenny Woodgrift), was contacted on 08/01/05, at his residence, 5 during a follow -up investigation of the incident, and was identified as the sole passenger of V -1, by 6 his injuries, his statements, and the statements of witnesses #1 -3. 7 8 PHYSICAL EVIDENCE 9 10 Photographic Evidence: 11 At about 0128 hours on 07/12/2005, Riverside County Sheriffs Forensic Technician Davies 12 arrived at the scene and took a series of 37 overall and dose up 35mm. photographs (refer to ID 13 Tech Davies identification report for further details). The photographs are attached to this report. 15 STATEMENTS 16 17 Witness #1, W4 (Roderick Pressey), was contacted on scene during the investigation 18 and related the-following summary: 19 20 Near the time of the collision, Pressey and his wife were in bed at her mother's residence, 21 on Eisenhower, which is located about 100 yards east of the scene of the collision. Pressey said 22 they heard a loud bang and Pressey immediately recognized the sound as a collision: Pressey 23 stated he immediately assumed the truck trailer parked on Riverside Drive was struck. Pressey 24 had a feeling someone would hit the truck when he saw it parked there days before, however, he 25 could not explain why, other than a feeling or premonition. 26 27 Pressey looked outside the window and saw the truck trailer on fire. Pressey immediately 28 ran toward the scene of the collision. When Pressey arrived, seconds after, Pressey was told by 29 two males, who identified themselves as Riverside County Sheriffs Deputies in plain clothes to 30 stay away from the scene, as both vehicles involved in the collision were on fire. J. GALZOTE 3520 07/23/2005 vJ- AGENDA 11 LM PAGE_ ys STATE OF CALIFORNIA VZO 07/11/2005 2320 3300 3520 _ L05192075 1 A few minutes later, Pressey and the two deputies heard screaming from inside the other 2 vehicle (V -1, GMC). Pressey and the two deputies attempted to open the doors and windows in an 3 attempt to rescue any occupants. A young, male subject, later identified as Passenger #1 (Pass -1, 4 K. Woodgrift), began to appear from the front seat of V-1. 5 6 Pressey and the two deputies aided Pass -1 from the burning vehicle by pulling him out 7 from the burning vehicle to safety in the adjacent parking lot. Pass -1 repeatedly asked Pressey, 8 "Where's my mom? Where's my dad ?" and stated to Pressey, "I'm sorry, 1 wasn't wearing my 9 seatbelt, I live on top of the.. hill, I'm part of the Woodgrift Family." 10 11 Pressey remained with Pass -1 until the arrival of Riverside County Fire, who immediately 12 rendered medical aid. Pressey was unaware of any other occupants in the vehicle. Pressey could 13 not see any other occupants due to the severe smoke and fire inside the vehicle. 14 15 Pressey stated the truck trailer had been parked at the same location since the previous 16 Wednesday (07/06/05) and did not know the owner or driver of the trailer. Pressey did not relate 17 any further information. 18 19 Witness #2, W -2 (Deputy Fraked was contacted during a follow up with W -3 (Deputy. 20 Strang) and he related the following summary: 21 22 On 07/11/05, at about the time of the collision, Deputy Fraker and his partner, Deputy 23 Strang were working an undercover assignment near the area of Eisenhower x Riverside Drive. 24 As they came to this intersection, they saw a truck trailer on fire,. west of their location. 25 26 They immediately drove to the location and saw V-1 (GMC) had collided with V -2 (Truck 27 Trailer) and both vehicles were on fire. Deputy Fraker immediately called Riverside County 28 Dispatch via his cellular telephone and informed them of the collision. Subsequently, Deputy 29 Strang ran to the vehicle to assist any occupants trapped inside V -1. N%Me J.F. GALZOTE 3520 07/23/2005 9-17-0J_ AGENDA MEUA NO. PACE ` V OF—/--' `1 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 13 OF 20 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/11/2005 2320 3300 3520 L05192075 While looking inside V -1, Deputies Strang and Fraker noticed a young, male subject 2 attempting to crawl from the rear of the vehicle towards the front. Deputy Strang began to check 3 the doors and windows in an attempt to rescue the boy from the burning vehicle, and at one point 4 he attempted to break the rear passenger window without success. 5 6 The boy, later identified as Passenger #1 (Pass #1, Kenny Woodgrift) managed to crawl to 7 the front passenger seat. Deputies Fraker and Strang and-W -1 pulled Pass -1 from the vehicle 8 through the front windshield to safety in the adjacent parking lot. 9 10 Pass -1 asked Deputies Fraker and Strang, "Help my mommy!" Deputies Fraker and Strang 11 attempted to assist the driver, who was unresponsive to their voices. Due to the excessive fire and 12 smoke and major crush damage to the vehicle, Deputies Fraker and Strang were unable to free ,-43 the driver from the vehicle. Deputies .Fraker and Strang remained on scene to assist Pass -1 until 4 the arrival of RCF and Lake Elsinore Police and Sheriff personnel. 15 16 Deputy Fraker did not provide any further information. 17 18 Witness #3, W -2 ( Deputy Strang) was contacted during a follow up with W -3 (Deputy 19 Fraker) and he related the following summary: 20 21 On 07/11/05, at about the time of the collision, Deputy Strang and his partner, Deputy 22 Fraker were working an undercover assignment near the area of Eisenhower x Riverside Drive. 23 As they came to this intersection, they saw a truck trailer on fire, west of their location. 24 25 They immediately drove to the location and saw V -1 (GMC) had collided with V -2 (Truck 26 Trailer) and both vehicles were on fire. Deputy Fraker immediately called Riverside County 27 Dispatch via his cellular telephone and informed them of the collision. Subsequently, Deputy 28 Strang ran to the vehicle to assist any occupants trapped inside V -1. -"' �q J�F. GALZOTE 3520 �^ 07/23/2005 AGENDA ITEM NO. PAGE- _.OF_-__- STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 14 OF 20 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER *"mow 07/11/2005 2320 3300 3520 L05192075 1 While looking inside V -1, Deputies Strang and Fraker noticed a young, male subject 2 attempting to crawl from the rear of the vehicle towards the front. Deputy Strang began to check 3 the doors and windows in an attempt to rescue the boy from the burning vehicle, and at one point 4 he attempted to break the rear passenger window without success. 5 6 The -boy, later identified as Passenger #1 (Pass #1, Kenny Woodgrift) managed to crawl to 7 the front passenger seat. Deputies Fraker and Strang and W -1 pulled Pass -1 from the vehicle 8 through the front windshield to safety in the adjacent parking lot. 9 10 Pass -1 asked Deputies Fraker and Strang, "Help my mommyl" Deputies Fraker and Strang 11 attempted to assist the driver, who was unresponsive to their voices. Due to the excessive fire and 12 smoke and major crush damage to the vehicle, Deputies Fraker and Strang were unable to free 13 the driver from the vehicle. Deputies Fraker and Strang remained on scene to assist Pass -1 until 14 the arrival of RCF and Lake Elsinore Police and Sheriff personnel 15 16 Deputy Strang did not provide any further information. 17 18 Other #1, 0 -1 (Rodrlauez) was contacted on 07/12/05 at about 0130 hours at the scene of 19 the collision. 0-1 related the following summary: 20 21 0-1 owns a trucking company and is the registered owner of V-2. O -1's driver and 22 employee, Steven Harding (0-2), normally drives the truck and the trailer and was the last person 23 to drive V-2. O -2 contacted the City of lake Elsinore and Code Enforcement a few months ago to 24 verify the legality of parking the trailer at this location. 0-1 was informed it was legal and okay to 25 park a truck and trailer at the location by-the City of Lake Elsinore and Code Enforcement. 26 27 0-1 verified this because his driver was issued a parking citation for parking the trailer in 28 another area of the City. 0-1 did not provide any further information. 29 J.F. GALZOTE 3520 07/23/2005 AGENDA 1TEM RAGE 1 of 0 STATE OF CALIFORNIA NARK 7WFJSUPPLEMENTAL PAGE 15 OF 7-0 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/11/2005 2320 3300 3520 LOSIOM75 1 Other #2.0 -2 (Harding) was contacted via telephone: during a follow up and he related the 2 following summary: 3 4 0-2 is the normal driver of the truck and trailer (V -2) and parked the trailer at the location of 5 the collision on 07/09/05 at about 1130 hours. 0-2 normally parks the trailer there along with the 6 truck on some occasions and has been parking there for at least a year without incident. 7 8 About 6 months ago, 0-2 was issued a parking citation for parking the trailer in another 9 location within the City of Lake Elsinore. Because of the parking citation, 0-2 verified with Steve 10 Alvarez and Carol Gordon of the City of Lake Elsinore Code Enforcement about the legality of 11 parking in the area of the collision. He was advised it was legal.to park the truck and trailer there. 12 13 On 07/09/05, 0-2 parked the trailer using standard procedure of parking the trailer for an 4 extended period. 0-2 related the following procedure used to secure and park the trailer: 15 16 1. Set parking brakes for truck and trailer. 17 2. Jack trailer up with trailer "feet! 18 3. Release air pressure from tractor pad. 19 4. Release kingpin. 20 5. Disconnect electrical and air from tractor. 21 6.- Move tractor forward to ensure disconnection of trailer from tractor. 22 7. Lock air system. 23 8. Secure 'glad hands" lock to air connection. 24 9. Check fire air pressure and air leaks. 25 10. Lock and secure trailer. 26 27 0-2 did not provide any further information. 28 J.F. GALZOTE 3520 07/23/2005 PAOP --- STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 16 OF DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/11/2005 2320 3300 3520 L05192075 1 Other #3, 0-3 (Mackie) was contacted via telephone during a follow up and related the 2 following summary: 3 4 0 -3 and P -1 have known each other for the previous 5 years and were teammates in a 5 bowling league in Tustin. 0-3 and P -1 became teammates in a league in Murrieta (Brunswick 6 Bowl — Flintstones League) about 7-8 weeks ago. The league meets weekly on Mondays from 7 1930 -2200 hours. 8 9 On the night of the collision, 0-2 did not notice any unusual behavior from P -1 and 10 everything seemed normal. 0-2 said P -1 consumed 2 -3 beers, which was normal for her to 11 consume every league night. 12 13 At the conclusion of the league (2230 hours), 0-3 and P -1 hung around the parking lot for 14 small talk for about 15 -20 minutes. P -1 then left in V -1 with her son (pass #1) to go home. 0-3 15 did not provide any further information. 16 17 Other #4, 04 (Lucas) was contacted at her residence on a follow up and she related the 18- following summary: 19 20 04 met P -1 when the bowling league started about 6 weeks ago. On 07/11/05, P -1 21 showed up at the bowling alley ( Murrieta Brunswick Bowl) a little late (10 -15 minutes). During the 22 course of the league, 04 witnessed P -1 consume about 2 -3 beers, which was normal for P -1 to 23 consume on every bowling league night. 24 25 After the league, 0-4 immediately left to go to her residence. P -1 and the other teammates - 26 remained at the bowling alley. At about 2239 hours, 04 said she received a telephone call from 27 P -1. 04 recognized the number of P -1 through "caller W." 04 and P -1 did not have a 28 conversation and 0-4 believed P -1 might have accidentally dialed her number. 29 J.F. GALZOTE 3520 07/23/2005 ,r &Ykd e PAGE-50 C/F_ _<?Q f-- STATE OF CALIFORNIA NARRATIVMUPPLEMENTAL PAGE 17 OF 2° DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/11/2005 2320 3300 3520 L05192075 1 P -1 did not act suspicious or abnormal during the night and seemed very normal. 0-4 did 2 not provide any further information. 3 4 Other #5, 0-5 (R. Woodgrift) was contacted at his residence during a follow up and he 5 related the following summary: 6 7 On the evening of the collision, P -1 telephoned 0-5 at about 2300 hours and told him she 8 and pass -1 were at the In and Out Burger Restaurant, located at Railroad Canyon Rd x 9 Summerhill, in the City of Lake Elsinore, getting something to eat and would be on their way home 10 afterwards. This was the last time 0-5 spoke to P4. 11 . 12 On 07/12/05, in the early morning hours, 0-5 was contacted by Riverside County Sheriffs ,r-,13 personnel and advised to go to Inland Valley Medical Center. While at the hospital, 0-5 was 14 informed his wife was deceased due to a traffic collision. 15 16 0-5 and P -1 have been happily married for the past 13 years. P -1 had not acted suspicious 17 at any time prior to the collision and never mentioned being depressed or suicidal during their 18 marriage. 19 20 P -1 had a tendency to not wear her seatbelt and did not regularly enforce her children to 21 wear them. P -1 drank alcoholic beverages. but was conscious of not driving while intoxicated due 22 to a prior conviction of driving while intoxicated. 0-5 did not provide any further information. 23 24 Passenger #1, P -1 (K. Woodgrift) was contacted at his residence during a follow up and 25 he related the following summary: 26 27 Pass -1 was asleep in the second bench seat of V -1. Pass -1 layed across the bench seat 28 and was not wearing his seatbelt. Because Pass -1 was asleep, he could not recall what happened x`'29 prior to the collision. J.F. GALZOTE 3520 07 AGENDA ITEM _-- PAGE/ OF �- STATE OF CALIFORNIA 8 OF ZfI 07/1112005 2320 3300 3520 L05192075 1 After the collision, Pass -1 crawled from the second row towards the front of V -1, through 2 smoke and fire, until he was assisted by three people out of the vehicle. Pass -1 could not provide 3 any further information. 4 M 0 OPINIONS AND CONCLUSIONS 7 8 Summary: 9 P -1, B. Woodgrift, was driving V-1, GMC, westbound on SR -74 (Riverside Drive), in the 10 sole westbound lane, at an unknown rate of speed (speed determination not calculated nor 11 completed at the time of this documentation). P -1, for an unknown reason, veered right, off of the 12 roadway, where the front of V -1 struck the rear of V -2 (Truck Trailer), which was parked on SR -74, 13 in front.of 32391 Riverside Drive (SR -74). The resulting collision caused a spontaneous 14 combustion, immediately igniting the engine of V -1 on fire. Plain clothed, on -duty Deputies Fraker N%gor 15 and Strang, working narcotics surveillance in the area, arrived shortly after and called Sheriffs 16 Dispatch for assistance. Upon inspection of V -1, Deputies Fraker and Strang located Pass -1, 17 attempting to crawl towards the front of the vehicle. With the assistance of W-1, who also arrived 18 on scene seconds after the collision, Deputies Fraker and Strang were able to rescue Pass -1, by 19 pulling him out of the burning vehicle through the front windshield. Deputies Fraker and Strang 20 and W -1 were unable to rescue P -1, who was trapped in the driver's seat, due to the excessive 21 heat and fire. P -1 succumbed to her injuries and elements in the collision and was pronounced 22 dead on scene. 23 24 AREA OF IMPACT 25 The area of impact when: the front of V -1 collided with the rear of V -2 is notated and 26 depicted in Deputy Mojado's supplemental summary (see for further details). 27 The area of impact in this collision was determined by the points of rest of both vehicles, 28 the physical evidence and the statements given by witnesses #1 -3. 29 In J.F. GALZOTE 3520 07/23/2005 9i7-o� AGENDA ITEM NO---3_ PAGE OF /0-'C)— STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAGE 19 OF Z° DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/11/2005 2320 3300 3520 L05192075 1 CAUSE 2 P -1 (B. Woodgrift) caused this collision by driving V -1 (GMC Yukon) in violation of Section 3 23152(a) CVC (California Vehicle Code), Driving Under the Influence of Alcohol, which states in 4 whole: 5 6 `7t Is unlawful for any person, while under the influence of any alcoholic beverage or drug, 7 or under the combined influence of any alcoholic beverage and drug, to drive a vehicle." 8 9 An associated factor in this collision was also caused by P -1 driving V -1 in violation of 10 section 22107 of the CVC, Turning Movements and Required Signals, which states in whole: 11 12 "No person shall tum a vehicle from a direct course or move right or left upon a roadway ,,4 3 until such movement can b made with reasonable safety and then only after the.giving of ,4 an appropriate signal in the manner provided in this chapter in the event any other vehicle 15 maybe affected by the movement" 16 17 An associated factor in this collision was also caused by 0-2 (Handing) by parking V -2 in 18 violation of 21211(b) of the CVC, Obstruction of Bikeways or Bicycle. Paths or Trails, which states 19 in whole: 20 21 "No person may place or park any bicycle, vehicle, or any other object upon any bikeway 22 or bicycle path or trail, as specked in subdivision (a), which Impedes or blocks the normal 23 and reasonable movement of any bicyclist unless the placement or parking is necessary 24 for safe operation or is otherwise in compliance with the law." 25 26 The cause(s) of th e collision were established by the points of rest of both vehicles, the 27 damage to both vehicles, the injuries sustained by P -1, the statements of witnesses #1 -3, the 28 confirmation of the bicycle lane by Caltrans and California Highway Patrol and the Coroner's '-'''9 toxicology results. PREPARED BY I.D. NUMBER DATE AMt WAIL J F GALZOTE 3520 0723/2005 li1+� 9t/ 6r AGENDA ITEM wo.._._ -- /o PAGE 3 C3F—L STATE OF CALIFORNIA VARRATIVE/SUPPLEMENTAL PAGE_ 20 OF DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 07/11/2005 2320 3300 3520 L05192075 2 RECOMMENDATIONS 3 None J.F. GALZOTE 3520 07/23/2005 &4f r/ I -GlJ AGENDA ITEM PACE ATE PROPARED: a '4t 305 INCIDENT REPORT MVEMME COumy smm" ❑ INITIAL * SUPPLEMEWAL VICTIM - REPORTING PARTY - WITNESS - OTHER: ❑ see AdMwW PMooe Report C" crtY ar IsLeus SUSPECT: ❑ Adult ❑ J ft ❑ Peroie ❑ Pmbetion ❑ See AddMwW Posen Rspmt ❑ ARRESTED VEHICLE: ❑ REFER TO CMP 100 FORM FOR STOLEN, RECOVERED, TOWED OR MPOMED W- COL.ORCOLOR ea e K AAd! K 00� K ME K YT K wf K MMI K !ti K 1p1 82. DRNdTe LCE1gE NlAl1EN /ID NIJIiB61 q -STATE M.L0001L f�CURffYNUUBBt E6 WN mumem Ot CM PROM, a. FOBVeMM AOOFMS CRY MP - MREE. w+wrE 0. e0801M ADOMM CRY zw 7LL am MORE VEHICLE: ❑ REFER TO CMP 100 FORM FOR STOLEN, RECOVERED, TOWED OR MPOMED W- COL.ORCOLOR ea e . ^ FAUMALDILAGRAM ° SCALE ' Q MOJADO 2534 1707 AGENDA t7, 'Ei& ' ` AG FACTUAL DIAGRAM 07/11/05 MCIAW) 2323 = = j ='D- 2534 ML05192075 t , tL, ta t, t. t. SCALE 2433'Slddmork Left 11res Tractor TTaikr ufiWPOIC I F.m.. rrmq-T�-� Tractor miler utflity Pole #73763 L- FM Wool Zme Sip I,— G&C Yubm n QL Lk– 9 5M00529 22.83' SIcidmark Right Times Tractor Trailer 4.42'-Shdmork Right Fhmt Yukm combuefion Faroe 32391 Riverside Drive IAhead West Driveway Sip . E f 14.17 ism WA3 SR 74 Riverside Drive TWO-Way LAd TtffD LMe E/B SR. 74 Riverside Drive PAGE ' t STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL Page _ of BA" ORn KAL WCOENT n ME (24M N= NUMBER OFFlGER LO. NUMBER 07/11/05 23:23 3300 2534 L05192075 Data Points: (Station # 1� Number X Y Z Description 1 5.17 0.00 0.00 Station # 1 2 5.15 47.58 -3.08 Utility Pole # 73763 3 - 221.88 42.00 -0.15 Utility Pole # 73764 4 - 222.73 40.60 -2.17 North Curb Point 5 - 222.99 39.08 -2.58 North Gutter Point 6 - 223.14 36.32 -2.57 Solid White Line Point 7 - 222.00 23.56 -1.74 Broken White Line Point 8 - 221.57 12.64 -1.34 Solid Yellow Line Point 9 - 220.72 -0.43 -1.72 Solid Yellow Line Point 10 - 189.06 -28.34 -1.81 South Curb Point . 11 - 124.90 -17.84 -1.12 Bad Point 12 - 125.50 -14.68 -0.67 Bad Point 13 - 189.55 13.62 -0.77 Solid Yellow Line Point 14 - 197.17 25.17 -1.17 Broken White Line Point 15 - 193.14 37.33 -1.86 Solid White Line Point 16 - 193.10 39.62 .-2.22 North Gutter Point 17 - 192.39 41.06 -2.57 North Curb Point 18 - 129.40 45.60 -1.49 No Parking Bike Lane Sign 19 - 129.59 42.80 -1:48. North Curb Point 20 - 129.73 40.99 -1.72 North Gutter Point 21 - 130.16 35.83 -1.46 Solid White Line Point 22 - 128.76 15.26 -0.93 Solid Yellow Line Point 23 - 128.00 2.42 -0.91 Solid Yellow Line Point 24 - 126.08 -18.10 -1.37 Solid White Line Point 25 - 125.76 24.43 -1.61 South Gutter Point 26 - 125.67 -26.45 -1.61 South Curb Point 27. - 147:89 -30.08 -1.66 -Do Not Pass Sign 28 -91.52 -25.87 -1.32 South Curb Point 29 -91.91 -23.95 -1.32 South Gutter Point 30 -91.72 -15.94 -1.12 Solid White Line Point 31 -91.77 3.39 -0.60 Solid Yellow Line Point 32 -92.51 16.10 -0.61 Solid Yellow Line Point 33 -92.29 35.40 -1.20 Solid White Line Point 34 -92.66 42.30 -1.61 North Gutter Point 35 -92.59 43.69 -1.81 North Curb Point 36 -46.74 48.29 -0.49 School Speed Limit Sign 37 - 46.83 44.87 -1.43 North Curb Point 38 -47.00 43.43 -1.41 North Gutter Point PREPAROrS NAME W. NUMBER DATE REVIEWER' GATE G MOJADO 2534 07/13/05 AGElif,NA - 0?0 F I PAGE ' r STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL. Page _ of DATE OF ORKMAL INCIDENT TtAE (2«101 NCIC W*ARER OFFICER LO. NUMBER 07/11/05 23:23 3300 2534 L05192075 39 -46.35 34.83 -0.84 Solid White Line Point 40 45.03 16.97 -0.40 Solid Yellow Line Point 41 43.96 4.12 -0.27 Solid Yellow Line Point 42 42.03 -12.75 -0.69 Solid White Line Point 43 -6.80 4.80 -0.04 Bad Point 44 -40.65 -21.23 0.60 Utility Pole # GT70326 45 -25.67 -18.37 0.25 End School Zone Sign 46 2.74 -11.80 -0.89 South Edge Point 47 2.75 -9.46 -0.54 Solid White Line Point 48 2.14 4.46 -0.01 Solid Yellow Line Point 49 1.81 17.17 0.07 Solid Yellow Line Point 50 1.64 33.61 -0.46 Solid White Line Point 51 54.84 53.49 -0:39 Sidewalk Point 52 55.11 47.61 -0.59 North Curb Point 53 55.74 46.04 -0.94 North Gutter Point 54 55.73 33.05 -0.28 Solid White Line Point 55 54.99 18.36 -0.12 Solid Yellow Line Point 56 54.13 5.75 -0.09 Solid Yellow.Line Point 57 54.84 -6.50 -0.36 Solid White Line Point 58 55.20 -10.81 -0.91 South Edge Point 59 93.27 -9.31. -0.83 South Edge Point 60 92.57 -4.06 -0.21 Solid White -Line Point 61 91.99 6.94 0.25 Solid Yellow Line Point 62 90.53 - 19.25 0.10 Solid Yellow Line Point 63 88.77 32.79 -0.38 Solid White Line Point 64 86.48 46.55 -1.06 North Gutter Point 65 86.73 48.50 -1.24 North Curb Point 66 77.53 48.10 -1.11 North Curb Point 67 100.90 59.28 -0.73 Driveway Point 68 124.61 59.63 -0.45 Expect Traffic Delays Sign 69 172.82 51.22 -0.97 North Curb Point 70 173.28 48.97 -0.97 North Gutter Point 71 172.56 34.45 -0.05 Solid White Line Point 72 .173.10 21.48 -0.05 Solid Yellow Line Point 73 172.73 8.90 -0.04. Solid Yellow Line Point 74 171.66 -1.77 -0.33 Solid White Line Point 75 171.93 -6.76 -0.33 South Edge Point 76 239.36 -11.99 0.25 Two -way Turn Lane Sign 77 232.92 493 -0.15 South Edge Point . 78 233.07 -0.52 -0.15 Solid White Line Point PREPAREWS?ONE LD.NUTABF32 DATE REAEVV9925PAW wlt G MOJADO 2534 07/13/05 -/, -1, - o% 0A N STATE OF CAUFORNIH NA - .MTIVE/SUPPLEMENTAL Page - Of DATE OF ORK*IAL MICDENT THNE (24W) N= NUMBER OFFICER LD. NUMBER 07/11/05 23:23 3300 2534 L05192075 79 233.41 10.84 -0.15 Solid Yellow Line Point 80 233.21 23.00 0.25 Solid Yellow Line Point 81 233.92 36.23 -0.15 Solid White Line Point 82 233.50 50:74 -0.97 North Gutter Point 83 233.50 50.28 -0.97 Bad Point 84 233.36 52.68 -0.98 North Curb Point 85 235.82 58.28 -0.58 Sidewalk.Point - - 86 236.63 54.97 -0.17 Utility Pole # 73762 87 239.68 58.82 4.05 Arrow Merge Sign 88 266.42 59.79 -022 Sidewalk Point 89 236.61 47.17 -0.57 Bad Point 90 236.60 45.19 -0.98 Bad Point 91 265.64 37.07 -0.21 Solid White Line Point 92 266.14 24.35 0.25 Solid Yellow Line Point 93 265.90 11.79 0.25 Solid Yellow Line Point 94 265.87- 0.59 025 Solid White Line Point 95 266.24' -4.10 -0.21 South Edge Point 96 313.27 53.99 -0.84 North Curb Point 97 337.75 64.10 -0.34 North Curb Point 98 32936 58.92 -0.33 North Curb Point 99 388.34 73.72 -1.11 North Curb Point 100 394.94 66.48 -1.13 North Curb Point 101 409.03 60.07 -0.46 North Curb Point 102 419.80 58.20 -0.48 North Curb Point 103 -11.97 37.83 -5.29 Trailer Stand Point 104 - 12.41 44.93 -5.59 Trailer Stand Point 105 -23.66 37.84 -1.33 Trailer Point 106' -23.96 38.54 7.13 Trailer Point 107 3.57 42.41 -2.05 Trailer Point 108 3.46 38.95 7.19 Trailer Point 109 15.81 37.52 -3.71 Left Front Tire Trailer 110 20.42 39.13 -3.94 Left Rear Tie Trailer 111 25.62 37.34 4.15 Right Front Tire Yukon 112 36.23 37.52 -4.10 Right Rear Tire Yukon 113 60.32 55.02 0.52 Construction Ahead Sign 114 -36.80 53.62 1.08 Utility Pole 115 353.19 26.17 0.25 Broken White'Line Point 116 354.05 14.93 0.25 Broken White Line Point 117 341.86 14.41 0.25 Broken White Line Point 118 341.39 25.63 -0.34 Broken White Line Point G MOJADO 2534 07/13/05 %c'/•' 4 -i7-of AGENDA ITEM f-,: . . 3 . PACE v ^DF Id 0 STATE OF CAUFORNIA NA ;RATIVE/SUPPLEMENTAL page - of OATS OF ORIGINAL I NCOENT TM (2400) N= NUMWR OFFICER LO. NUMBER 07/11/05 23.23 3300 2534 L05192075 119 308.85 24.86 0.25 Broken White Line Point 120 308.66 13.62 -0.28 Broken White Line Point 121 297.38 12.96 0.25 Broken White Line Point 122 296.31 24.86 0.25 Broken White Line.Point 123 263.78 23.72 025 Broken White Line Point 124 263.87 12.43 -0.20 Broken White Line Point 125 252.28 11.96 -0.18 Broken White Line Point 126 251.55 23.51 0:25 Broken White Line Point . 127 219.19 22.53 -0.13 Broken White Line Point 128 218.87 11.27 -0.12- Broken White Line Point 129 206.99 10.72 -0.10 Broken White Line Point, 130 206.60 21.74 -0.10 Broken White Line Point 131 174.45 21.18 0.25 Broken White Line Point 132 174.08 9.98 0.25 Broken White Line Point 133 162.38 9.51 0.25 Broken White Line Point 134 - 162.02 20.62 0.25 Broken White Line Point 135 129.73 19.64 0.25 Broken White Line Point - -136 129.78 8.54 0.47 Broken White Line Point 137 117.88 8.08 0.45 Broken White Line Point 138 117.41. 19.37 0.45 Broken White Line Point 139 83.53 18.45 0.25 Broken White Line Point 140 85.35 7.20 0.39 Broken White Line Point 141 73.33 6.85 0.37 Btbken White Line Point 142 71.77 18.04 0.25 Broken Write Line Point 143 29.99 1756 0.09 Broken White Line Point 144 30.81 5.86 0.11 Broken White Line :Point 145 19.68 5.73 0.09 Broken White Line Point 146 17.77 16.80 0.07 Broken White Line Point 147 -18.08, 16.48 -0.10 Broken White Line Point 148 -16.94 5.14 -0.07 Broken White Line Point 149 -11.42 13.36 -0.01 Safety Glass Point 150 -13.33 14.65 0.00 Safety Blass Point 151 -12.03 15.42 -0.03 Safety Glass Point 152 56.00 43.49 -0.57 Right Front Skid Point 153 56.20 43.10 -0.45 Right Front Skid Point 154 54.43 43.01 -0.55 Right Front Skid Point 155. 54.18 43.59 -0.67 Right Front Skid Point 156 52.91 43.51 -0.65 Right Front Skid Point 157 52.92 42.90 -0.53 Right Front Skid Point 158 51.76 42.99 -0.52 Right Front Skid Point PREPAREtCS NAME G MOJADO LD. NUMBER 2534 DATE 07/13105 -0F AGENDA ITEM NO. Z PAGE_. (0./ 0 F /"-X) STATE OF ALIFORNIA NA IRATIVE /SUPPLEMENTAL Page — Of DATE OF oRICa W INCIDENT TW CAW) N= NUMBER OFFrXR LD. NUMBER 07/11/05 23:23 3300 2534 L05192075 159 45.78 40.84 -0.55 Left Skid Trailer 160 45.62 39.15 -0.54 Left Skid Trailer 161 41.51 39.26 -0.50 Left Skid Trailer 162 41.82 40.59 -0.51 Left Skid Trailer 163 46.85 46.42 -0.84 Right Skid Trailer 164 8.97 41.87 -5.28 Trailer Stand Mark 165 7.17 38.57 -5.18 Trailer Stand Mark PREIWOVS NAME LO_ K%A43ER DATE ~ DATE G MOJADO 2534 07/13105 f% g ,N. 9- ., 7- °J rn `.I+ AGENDA 11��� €iG --.- PACE r�a-4 �� STATE OF CAUFORNIA NARRATIVE/SUPPLEMENTAL Page # Of WE OF ORIGWL Tw p'w WM NUMBER OFFICER 4D. NUMBER 07/11/05 23:23 3300 2534 L05192075 1 FACTUAL DIAGRAM LEGEND: 2 All measurements taken at the scene of this collision were obtained using an LTl Lidar, with 3 an attached data processor. All of the points collected for the items show on the attached diagram 4 were obtained from a reference point established south of a Utility pole located at the scene. This 5 reference point measured 44.75' south of the north prolongation of SR 74 (Riverside Drive) and 6 72.36' west of the west prolongation of the west driveway to 32391 Riverside Drive.. Refer to the 7 attached scale diagrams and listed measurements for additional details. 8 9 NOTIFICATION: 10 At 23:40 hours on 071105, I was contacted at my residence regarding this collision 11 investigation. Responding from my residence, I arrived at the scene of this collision at 00:55 hours. 12 13 14 ASSIGNMENT' 15 - At the time of this investigation, I was assigned to document the scene of this collision and 16 construction a factual diagram. Refer to the attached factual diagram for additional details. 17 1.1,18 AREA OF HOACT: GM Yukon vs Parked Tractor Trailer) 19 The area of:impact for the GMC Yukon and the Parked Tractor Trailer was determined to 20 be 51.08' east of and 4.5' south of the fixed location of Utility pole # 73763. This area of impact was 21 determined by the skidmark found at the scene from the right front tire of the involved GMC Yukon. 22 23 RECOMMENDATIONS: 24 Attach this supplemental report to Deputy Galzote's original report and file as needed. G MOJADO 2534 07/13/05 9.7' o,- PAGE CO3 OF r 1TE PREPARED: 071305 INCIDENT REPORT RnM SME COUNTY SMMWF CAOMM000 ❑ INITIAL ® SUPPLEMENTAL VICTIM — REPORTING PARTY— WITNESS — OTSER: ❑See A"fibnd Pasms Report 2L NAME OAK FIM Md&) SEX 4. RACE . DOB ON SGT: HEIIK #1772 - 1. RESIDENCE ADDRESS CITY ZIP RES. PHONE SUSPECT: ❑ Adult ❑ Juvenile ❑ Parole 0 Probation ❑ See Ad&tiomt Pasms Repoli ❑ ARRESTED isIVEMPIUCENSE 6. STATE r YEAR MAKE MODE LU BODY STYLE I. STN / RCV AUTO VAE A2:S L IL tXNAR 83. VIN / U. OTHER IDENTIFIERS TR , DtSPOSiTTONOF VEBCIE 36. REGISTERED OWNER - 87. ADDRESS - CITY STATE ZIP PHONE 13 PROPERTY REPORT ATTACHE D FOR ON. RR(OVER®. OR DAMACD PROPERTY $9. AMAG D POOPERTY VALE A I o REPORTING OFFK R OFF. ID BY / DA ENTERED BY/ DATE ENTERED BY / DATE J BROWN N2267 AGENDA ITEM NO. !-- PAGE jg�=®F fi� o - P` STATE OF CALIFORNIA All" . 214A" A'1rn #C /c•11on1 CucuTAI PAGE S I OF 10— 07/13/2005vw�... 0830 3300 N2267 L05192075 1 . MECHANICAL INSPECTION 2 3 On July 13th 2005, at the direction of Sgt. Heim, Lake Elsinore Station Traffic Collision 4 Reconstruction Team leader, a mechanical inspection was conducted on the vehicle identified 5 below. 6 7 Vehicle identification 8 9 " Vehicle #1 was a 2002 GMC Yukon 10 11 Vehicle #1 12 13 Vehicle- #1 was a 2002 GMC Yukon XL 1500 4X4 sport utility vehicle, black in color, bearing 14 California license number 5MGC529 and Vehicle Identification Number (VIN) 15 1GKFK66UX2J131259. The odometer was unreadable due to damage to the dash. The 16 registered owners were Barbara Ann and Randall William Woodgrift 34895 El Dorado.. Road, Lake 17 Elsinore, Caiifomia 92530. This vehicle was inspected at Town & Country Towing, 18181 Collier 18 Avenue, Lake Elsinore, Califomia 92530. 19 20 Enaine/Tranamission/Drive train 21 22 The vehicle was equipped with a V-8 cylinder 6.0 -liter displacement, overhead valve, fuel injected 23 gasoline-engine. The engine compartment had major collision damage starting at the bottom of 24 th e radiator and going in an upward lateral direction towards the frewail. The intake manifold, 25 throttle cable, and throttle assembly was removed and destroyed during the collision. , The - 26 throttle pedal was melted to the firewali and floorboard.-2 27 1 see photos numbered 4-T, & 12 28 2 See photos numbered 26 & 26 BROWN N2267 07113/2005 AGENDA ITEM NO• _S - PAGE%0F r' STATE OF CALF ORNIA 07/13/2005 0830 1 PAGE S 3300 N2267 I L05192075 2 Brake System 3 4 The vehicle was equipped with vacuum power assisted brakes, with a dual master cylinder and 5 Anti4ock Brake System (ABS). The brake master cylinder reservoir was destroyed during the 6 collision. 3 This vehicle was equipped with four-wheel disc braking system. The dashboard was 7 forced down during the collision. Causing the brake pedal to be pinned to the floorboard in the 8 unapplied position. 4 The hydraulic tubes leading to the front left and front right brake assemblies . 9 were melted during the fire. s The brake assemblies were inspected and all brake.pads were 10 found to have approximately 8mm of lining thickness on both the inboard and.outboard pads, and 11 they all had 100% contact and were in good condition. All brake rotors were in good condition. 6 12 13 Tires and Wheels 14 15 The tires mounted on this vehicle were Goodyear Eagle GT 11, size P285 50R 20 M +S. Both front 16 tires were deflated due to inboard walls being melted, and had a tread depth of 12/32 ". The left 17. rear tire was inflated to 44PS1, and had a tread depth of 7/32". The right rear tire was. inflated to 18 32PSI, and had a tread .depth of 12/32 ". 19 20 This vehicle was equipped with 20 inch alloy mag wheels, which were securely attached to the 21 vehicle requiring 6 lug nuts each. 22 . 23 Conclusion — Mechanical Section 24 25 This inspection could not rule out any-mechanical defects in the accelerator -and brake assemblies 26 due to collision damage, and post - collision fire. The brake pedal was not applied prior to collision. 27 3 See Photos numbered 12 813 28 4 See photos numbered 25 8 26 29 5 sae photos numbered 15 820 30 6 Sae photos numbered 16 —18.21 - 24 BROWN N2267 07/13/2005 AGENDA ITEM NO. PAGE_L2f,j,;_0F /� � N../ PREPARED: 01271H INCIDENT REPORT RIV=%Djg CODMTY sff RIFF CA633fW [] VWM[AL 10 SUPPLEMENTAL ICTIM — REPORTING PARTY — WITNESS — OTHER: 0 see AddWmW Pa— Rgwd ,,XWECT. ❑ Adult ❑ Juvenile IJ Parole ❑ Probation 0 see Ad&bmd Pmm Repot ❑ ARRESTED L GANG DATA sag Name(s): Mem6a [3mmciate ❑ Self Admit ❑Prior Knotvlodge - TATTOOS /SCARS I Fece 0 Nor 0 L Am D L Arm 0 Dods OT— a Bak 0 LW u TATTOOS / 7EHICLES: ❑ REFER To Cep 1!e FoRM FOR STOLEN, SECOVUM, TOWED OR MOUND y/�11 99. rAMAM PORMTY VALUE r! I P ❑ �� gWGRT ATTACHED FOR STOUDI, RECOV RW- OR DAMAGED PAOPEWff L PAGE STATE OF CALEFORNLk NARRATIMSUPPLEMENTAL PAGES I OF S DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER' 07/11/2005 2320 3300 3a I r L0519"75 1 Details: 2 1 received a call of a traffic collision with major injuries at Riverside Drive (SR 74) X Eisenhower, 3 City of Lake Elsinore and arrived on scene at 2327 hours. 4 5 Upon my arrival, I noticed the vehicle was engulfed in flames. and the driver of the vehicle later 6 identified as Barbara Woodgrtft was trapped in the vehicle. Riverside County Fire and medical 7 personnel were on scene attempting rescue Woodgrift from the vehicle. I was later notified that 8 fire personnel were not able to rescue Woodgrift and Woodgrift had deceased. 9 10 The scene was secured and turned over to the Traffic Reconstruction Team where Deputy 11 Galzote took control of the scene. 12 13 14 Status: EXC. ABEK DATE 8 817--itor AGGENDA ITEM PALE _I �bP + INCIDENT REPORT t T PREP,IZED: 98/27!05 RIVERSIDE COUNTY SHERIFF CA8330M ❑ INITIAL ® SUPPLEMENTAL nCTIM — REPORTING PARTY . WITNESS — OTHER O See AddWmW Pars= RcW ,"ISPECT: ❑ Adult ❑ Ju" mile ❑ Parok ❑ Probation 13 See Ad&tio.W Pmaem RWW ❑ ARRESTED NM E(LW. Fuu. Mtl&e) SEX RACE. DOB 6. AQE HT WT HAIR EYES i. SKIN Z D UCBNNSE W&SER I M NUMSID[ 63. SPATE 64. SOQAL SBCUR[7 Y NUMa>SR 63 MNI NUMBER 66 CII NUAftiER 67. "MM CE ADDRESS CITY ZIP 6S. mm PHONE 69. BU8INBSS ADDRESS an nP M BUS. PHONE San NRme(B). ❑ Member ❑Associate ❑ swAdmit ❑Prior Knowledge Fwa ❑ Ne& . O R Am O L Am b H-,&. OTeem ❑ Back O Legs VEHICLES: ❑ REMM TO CHP 180 FORM FOR STOLM. RWOVILILED, TOWED OR WFOUM momomp.uagm 6. STATE YEAR "AKE tiODEL BODY STYLE PI.STNIRCV AUTO VALUE NIA A24L 32. COLOR S3. VIN / 81.OTHBR MEWnEfFRS 85. DLqPOSTrM OF VEHICLE w RHOL num OwNEB 87. ADDRESS CITY STATE ZIP PHONE 89. AMAOED PORPERTY VAI.0 -I '0114 O PKOPRRTY RKPOET ATTACHIM FOIL ST01iN. UCOVMMD9 OR DAMAGZD PROPUTY AGENDA ITEM NO. PAGE 6q OF /�v :.- STATE OF CALIFORNIA S 07/11/2005 2320 3300 3ZIV L05192075 1 DETAILS: 2 3 On Monday, July 11 t', 2005, about 2344 hours, I responded to 32391 Riverside Drive regarding 4 assisting with a fatal traffic collision. - 5 6 1 arrived and was directed by Sergeant Vergara to respond to Inland Valley Medical Center to 7 stand by with passenger of the vehicle, Kenny Woodgrift. I arrived at Inland Valley Hospital and 8 awaited further instructions. I spoke. with Kenny. Kenny told me his father's name was Randall 9 Woodgrift and provided a telephone number where his father could be reached. The doctor on 10 scene told me advised me Kenny was missing his front top teeth, had a possible broken shoulder 11 and a head laceration. 12 13 Hospital staff contacted Kenny's father who responded to the hospital. I was instructed by 14 Sergeant Heim to notify Randall of that his wife Barbara was deceased. Trauma Intervention 15 Team members were at the hospital and assisted me with the death notification. I notified Randall 16 of the death and stood by until I was instructed to leave the hospital at about 0300 hours. 17 18 Status: Closed/Exceptional a LL 0 c W PARED BY I.D. NUMBER DATE DATE 4 Q S'%F.�, /f172T 32t o p q - (J_/ 7 -6.1- G. LU C3 c PREPARED: 08/27/05 INCIDENT REPORT RIVERSIDE COUNTY SHERIFF CA0330000 ❑ IriITIAL ® SUPPLEMENTAL TICTIM — REPORTING PARTY — WITNESS — OTHER: O S« Adda ood Pasoas Rapolt !�.PECT: ❑ Adult ❑ Juv4M17e ❑ Parole ❑ Probation O. See Addkiwd Pemw RcPJ3!Ft ❑ ARRESTED INNNEW2. XU& (Lau. Fn% Middle) SBJC RACE S. DOB AGE HT M WT HAIR EYES 1. SLON DRIVERS UC@ISS NUNUM / ID NUNUM 0. STATE 64. SOCIAL. SBCURTTY N UI BBR' 61 AQiI NUMBPR NUMBER 66 CH NUMBER RBS MXT ADDRESS CITY zw 6L RBS. Mon 0. BUS1tiWS ADDRESS CITY zw . 70. BUS PHONH kn8 Nan*s): Member ❑Aaaociaie ❑ Sdf Admit oPrior Knowledge VEHICLES: ❑ REFER TO CUP IN FORM FOR STOLEN, RECOVERED, TOWED OR ILHPOUVD Al` 99. AMAGPD.PORPTRTY VALUE f �y i3 PROPERTY REPORT ATTACHED FOR STOLEN, RECOVERED. OR DAMAGED PROPERTY � AGENDA ITEM NO. PAGE 11-0 a `' STATE OF CALIFORNIA NARRATNE/SUPPLEMENTAL PAGE S I OF s GATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER V 07/1112005 2320 3300 3398 L05192075 1 This is a supplemental report to the above listed file number. 2 _�. Upon arrival of the traffic collision, f shut down w/b traffic on Riverside Drive(SR74) and, 4 initiated a crime scene perimeter. I located all Fire Department and AMR employees and obtained 5 their names and designated Station numbers. I assisted and contained the crime scene until the 6 Lake Elsinore Traffic Reconstruction Team arrived at the location. All information obtained by 7 myself was given to Deputy Galzote. 8 9 This supplemental report is to be forwarded to the Lake Elsinore Traffic Reconstruction 10 Team and added to the initial file. 11 12 13 CASE STATUS: EXCEPTIONAL IED AI ). DATE 3398 5-27 -cis' AGENDA ITEM NO• PAGE -7o- OF i2�f__ p _,d PREPA.M. 0S/27A15 INCIDENT REPORT RIVERSIDE COUNTY SHERIFF CA03300M ❑ INITIAL ID SUPPLEMENTAL VICTIM — REPORTING PARTY — WTTNBSS — OTHER: ❑ Sit Addi wW Persoes Report — /"TiSPECT: ❑ Aduh ❑ J-uveaik Pwok ❑ Probed- ❑ See AddiSon W Pera=Report ❑ ARRESTED NAL� ([atS Fast Middle) SEX RACE s. DOB AGE 7. in a. %T . HAm BYES r. SKBJ Z. DRrAM LR&ISE NUMBER I II) NUMBER a. STATE 6S. SOCIAL SECUMN NUMBER 65. MNI NUMBER 66. CB NUbB1ER 67. mmm* m ADDRESS CITY ZB' 63. M. mom crff yre 70. BUS. PHONE 0. BIERM ADDRM 72. GANG DATA 73. TATTOOS / SCARS / MARKS / CLOTIDNG DFS(�t1PTION Gang Name(S). ❑ Member ❑Assocido ❑ Sdf Admit OFrwr Raowkdp Q race ❑ Neck ❑ R. Arm ❑ L Arm ❑ If=& ❑Torso ❑ Badk ❑ Lep VEffiCLES: ❑ REFER TO CHP tW FORM FOR STOLEN, R$COVERBD, TOW$D OR IMPOUND ,. J/ 69. rA(iID PORPBRTY VALUE ((/lq ❑ PROPERTY REPORT ATTACIUM FOR smum PxAWVP.BED, OR DAMAGIM PROPMTY ///���!!! REPORIVIG OFFICER OFF. ID BY! DATE ENTERED BY I DATE EN119" BY I DATE F BOMMER H 2079 COKE m: CITY. T/C FILE, SWITRS. GALZOTE _ AGENDA ITEM NO. PAGE - LL /a v 4 a STAY OF CALIFORNIA OF S3 114� 07/11/2005 2320 3300 2079 L05192075 1 The purpose of this supplemental is to document the observation of glass inside V-1 by myself 2 of the storage yard. 3 4 Attachments: Two (2) color digital photographs taken by myself and uploaded then inserted 5 into this report (pages_$ -2_& S -3). 6 7 On Friday, 07 -15 -05 at about 1630 hours, I arrived at Town & Country Tow, 18181 Collier Ave., 8 in take Elsinore, to check V-1 for any glass inside the center console.- Upon doing so, I- located a 9 moderate amount of glass inside the center console, which probably came from the. windshield 10 that was broken during the collision (refer to photos on pages #S -2 & #S -3). Other than the 11 console lid, there was no other access inside the console, including any openings that could have 12 been caused by the collision. Based on this observation of mine, 1. believe the center console lid 13 was - possibly open at -the time of the impacts .documented in the initial investigation. 14 �•� 15 1 have no further information or evidence to add to this investigation. 16 z Te M M LU DT 4 d [� C. z ut a CERTIFIED COPY OF VITAL RECORDS STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS J Im This is a true and exact reproduction of the document ottiici oy registered and placed on file in the office of the County of Riverside. Department of Hearth. , r5f lae.t yLt � 0 0 0 3-0 1 2 7 2 Gary .)*D.. Local n69MUM DATE ISSUED 0 7 / 2 / ?00 ` " camrv. CAUFOFNA This copy not valid unless prepared on engraved border displaying seal and signature of Registrar. ACQ11WA I I I:IVI NO. PACE 75 OF /,-)-rJ Vnl 1 104 01 oFrtDENI ._ FlI15T (C ,n, 2. , vu'E x. UST IFSMI - Barbara Ann Vasquez - Woodgrift n:M AISO MOWN AS - Ino,r Ia AAA IFiR5z. Wme. um —T—O-1111-17/1964 asaw s. ACE w- Im.a aE rDln IlFOas z+, :SEA F 9.BWTN STATEAUBEIGN COWMT lo.$OCIK SECIN9T'MUIIBOI r1. SYEBwi[S AM,rD FONCE5T t2 MAffTAI STATUS d.'iwdpdp TDAtE 60EAn1 +—.0— 4 YII Na.q Cal iforni El— ®"° Q"" 07/12/2005 0015 � II EIMILIT9N— MryN[WNInON 'a;1E WA40ELEDHITMYAr11fJlTTw01AY5Y /RMSNi NN4ar.uYaw aMJ 16 DECEflBt1i MCE— WN3.ws.rrM4fe9.1+ti snOee+a.41W Z wMI1N„an fa.b A.S.Graduate �'E5 Mexican ❑"D White _ C t: USUAL OrLUPAI,ON— iyP.d.en M..aeNa9N.WNOT 16Et1EnNF0' N1011D W 0USMW ON 9olWft(a 9 —'A+.Ia.a.uoun..wpq va.pa.ay._ f rtM6 wJCCUV41iON Homemaker Own Home 13 n DECEDENTS NEfIDEIIGE (5ow1 a.d.r..f. a ksaOW 34895 El Dorado Road . N a I, CNY a cowrYly Mm " WlwwY _ � Elsinore Rivers -92530 1G California k wFoNNs t . wFOaNA1JTS UiiwYaq> nE$( s..+..e....wrer,..i,a.e...a...w a.su+r.nn nxRandel William Wood rift Husband) `. 34895111 IJorado -goad Lake Elsinore,Ca.92530 ... _ AIIIVIfi O[51/N/r/YM16SrOUSE —RPST � jf YOOIE -, �J9 ' g Randei William blood • 41 t Q=Q a F I,. IaA1JE Oi [ATMER —iNST aZAMSOtE _ 31 t'AST N MTN STATE / Marcos - Vasque MK j Y,LME OF IIDTIE>I —FY15Y YINDIYE 1 IRi1 O. W M1M`,S:•TE Ofdp Sally .. _ Sairdakv A YO(0/W"ON wTE�WFra» .; 07/18/2005 K. PI/xr�bF F11K DISE091rmw Tacific View Memorial Eark, Newport Beach, CA u .- Yl a `a1 N 09 TYPE OF OLSrTOWS, CR /BO ,�CB19JfkiNRE OF�lNrEiR`.' - p y °d JeovwM1�i ai. ur.ENSE NNJera 7474 Tom, u 0404E OF NIIENAL ESTAw>S1NIf3n - 13:IJLBBE'�A�iA iSM1E'OF IDCK AE06TPNi ' _ -, a>. wrE wNJNZYT LESNESKI MORTUARY'. .: E ZY M FEL ©WIAN,:N� - sue► 07/1812005 101 PUCE OF CEATII - "�_: ; O1s. lrEt2FY01E c; "�,a aF OTHEN TIgIffwDSPlrAl srEarvayE �«�. ❑ W:c Roadway 1::J�N°r�°OA ,rc' a�` T„�o Iol. cowry Io;. FACar +Y.a,nESSmr+lar�1TMN ioaro _ +�.rw�^! - • '°c Riverside � RiversideDri� "e- :_he�t`�ofsseutidweF Drive Lake Elsinore. W. GWSE OF OEATN 4Y.r9rdwal+.aaa —'= odf�DY'l�Y awwt winb x# ;: r awry IOl6AlN.1ErMi®MfaRUFAI as.arafeNleo..FSraf.Y aaat JIN 00rAH E%MTE -��� ®(ww...N. ❑ro IIIM�IAIF CAUSE N0 - ., .. - ,, 471 Lacerations of L�.rer &Right Kidney 1 Mins 2005 -438 1aa.lw ;a - -. TAU l�B1Dr5Y rEaFaNNmv Blunt Impacts to 'fbrsb - Mins ❑'�B ®MO �w9a91e�, 1F>I aN x1 _ AVTOrSY PEIiQ.YEDI yl � aN1;n w. Fiw. CAVSE iN,au,a 1 t tauFY.f wlrNlp UST - _ 1�yF5 t+oIDNOE100wNf:CNgE ❑wD nx. OTNEN SW.Wlr Nr CONd IMM CONTRIBUTING TO DEATN WT110T FAMXTNO,N.Jq UNOEII': F� 04101 ' Smoke Inhalation I11 WASOPENAMN �F'011 ANY COlC MM ITEN 107011112111 WMa daFNaYS a.9 adal IW No 0— 11 No t J No 1D ` 1N iDBlmOw>toT1E9Eliar+w NIDrRN0E 0E.mODCVyw +IS.'SIBNATr9E Ato T1rIE T)i CERTWE# TN 11C915E,AAIB6II 1ti;wTE ..wNWaq KUE MIROnFMOr1A0E STl>W i11011TNEOYGEEAAM D9cya.N AR,N,9 Swa DatlONf lsdS_ A , a U W ,aetr+11tc7y 1 w owIOJVOaW t ILL TYPE An"aw PNYSXXANS ZWMAll.wO A00AESS ap CM 1q 10ERIir T,WNYTWAON06A1NODCUNED AT TIENOUl MTE AfONKE STA1TD 1101bE04AC5 RATFO, tY RIAIREO TW�iOti . II10J11NY 041E .wN04Ty 'III tt(y/i fra.foNp AfAyarR OF DEATNaNw[d [OL—❑IUN.iooY 0s,.roe. p .. ❑„04,,,;,04, QYEo J- ❑uN. - 07/12/2005 0015 > Ix]RACr OF WAMY N.9..IOr.fo.wNlLYan f,. woo910 ufa MeJ _ ' Roadway - j IN. OESCMBE ROW wAAY OCNRIED/E•NY.witlt NVJNau gryl . to � Operator of vehicle that left roadway 6 struck parked trailer. Not Ejected. • � IC rocArlDw of g1Arr (sa.r rdllww.. Naewol a..,9r. wf I,w - Riverside Drive, West of Eisenhower Drive,.Lake Elsinore 92530 ' Ixf T R - W.047E I IA. TYPE IN11E nTm OF cmo, R /DEPUIr Cp,OIER 07/14/2005 lJose R.Soto Supervising Dep.Coroner A e e O E FAX AWrK • CEIKUS T_ STA 07/1812005 aEGLSrnAn CERTIFIED COPY OF VITAL RECORDS STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS J Im This is a true and exact reproduction of the document ottiici oy registered and placed on file in the office of the County of Riverside. Department of Hearth. , r5f lae.t yLt � 0 0 0 3-0 1 2 7 2 Gary .)*D.. Local n69MUM DATE ISSUED 0 7 / 2 / ?00 ` " camrv. CAUFOFNA This copy not valid unless prepared on engraved border displaying seal and signature of Registrar. ACQ11WA I I I:IVI NO. PACE 75 OF /,-)-rJ Vnl 1 Pacific View Memorial TAT T OF ACCOUNT `g,Y' 3500 Pacific View Drive._. Corona Del Mar CA 92625 FAccount t Date- 949-644-2700 oodgrift 08/0610 • : 0407 - 0012881 1 ment Due 12 336.5 e8827- 005270-002 Customer Service r Randel Woodgrift 1- 800 -894 -2024 34895 El Dorado Road Mon - Fn 7.30 am - 6:00 pm (CT) Lake Elsinore CA 92530 Visit our website at: www.dignitymemorial.com Sign up for EZPay, save ;2$, and no longer write checks for your monthly payment. See reverse side for details. PAYMENT AND CONTRACT DETAILS ......... . Preplanned Cemetery `_' y .. • IMPORTANT Current Payment Duey r ny 12,336.50. Amount Past Due .00 Prepaid Amount (credit) .00 total Payment Due '12, 336.50 � )ue Date: 08/25/05 "otal Sale Amount -otat Paid to Date 29, 673.00 ' y 5,000.00 {f Y 1 }`� `9'4� 'elf "fii.� t .ant Balance* 24,673.00 _ m . TRANSACTIONS SCRI Dignity Memorial offers pre arranged funeral and PTION AMOUNT cremation plans that provide choices ranging from lyment -Thank You 07/27105 contemporary celebrations to more traditional tributes. o tyment -Thank You 07/27/05 5' �' oo Please contact your nearest Dignity Memorial provider a Ijustments Since Last Statement - 460.27 to create a meaningful service for you and your loved ones. Call 1- 800 - Dignity to find a provider near you. g A T Detach lower portion and return with our a P Yment In the envelope provided 1Cific View Memorial Park 00 Pacific View Drive ber • . Total ,. rona Del Mar CA 92625 0407- 00928811 08/25/05 9-644 -2700 r'12,336.50 oCheck here IF address andlor telephone number changes are • Please make check payable to: indicated on the reverse side. Randel Woodgrift SCI Management PO Box 4419 0uston TX 172104419 u1„ I,1 1, tp1lute, 11IU U111181 i G � V• AGENDA'kTEN € V0. 0407 00128811 001233b50 6 PAGE 76n 6F a' U PtY CtFIC Vi :N0 M. I-RtAk PARE" Q &M PACVW. VIEW 014M I - C-090KA. teal #.AA. -. CtA "s23 CEMETERY INTERMENT RIGHTS, MERCHANDISE AND SERVICES PURCHASE/SECURITY AGREEMENT THIS AGREEMENT PROVIDES FOR ENDOWMENT CARE (PRICES GUARANTEED) This Agreement is made this _ and Address day of _ 6am , 20 0 5 , by and between the undersigned "Seller" hereinafter called the "Purchaser" 3 z.9 Residence Telephone No.( t ) sue DayTelephone No- ( ) WITNESSETH THAT: The Seller agrees to sell and Purchaser agrees to buy the following described Interm t Rights, Developed ❑ Predeveloped _ ❑ Lot ❑ Lawn Crypt ❑ Mausoleum ❑ iche ❑ Other f ti4 r 10 c Description of Interment Rights: `~ - > _ 1 1•-t r. No. INTERMENT RIGHTS, MERCHANDISE AND SERVICES ITEMIZATION OF AMOUNT FINANCED . Total of Payments Interment Rights(inc.$ :j = E.C.FJS Memorialization -Type r ",._ . ; .. :�. , .1 t Size Design t ` With Vase Without Vase Memorial Base -Type Size Color Endowment Care ........................ .......--- ---- Memorial Installation/Inspection Fee ........................... Outer Burial Container -Type Interment and Recording Fee .. �..:...._ • = - \ - ProcessingFee ...... ..... ...........-- .................. -------------- . Casket- Description Material: Wood/Metal Gauge Other . (a) Cash Price, Excluding Sales Tax .............. 2 S (b) Sales Tax .............................. (c) Total Cash Price (a + b), Including Sales Tax (Amount Credited to Your Account With The Seller ForThe Interment Rights, Merchandise and Gr� Services the Seller Is Providing To You ) ..........--Memorial ` Less Down Payment Consisting of L Cash ............................ S— ': 2:L :. .......... S 2. Credits For • � :. _ :: <.', (d) Total Down Payment (I +2) ............................. ( Q e Amount Financed c - d ' O ( ) ._.._.. -• ............................• $ _ - Remarks: � - - - .. - CHARGE The amount of credit The amount you will have The total cost of yoac pit RATE -- - provided to you or on paid after you have made all chase on ctedit; iticluditt� Away From Home Protectiorf" Plan (see below) .......:. Sales Tax Total Cash Price ----•--------------- ----•- •-•-.................. - -• _ - ;} The Away From Home Protection Plan, if purchased hereunder, is a product provided by a third party, not by the cemetery identified in this AgreernenL The 11"party provider is not owned by or affiliated with the cemetery, and the cemetery is not responsible for the performance of the services associated with the Away Frvm Nome Protection Plan. The Purchaser will be required to enter into a separate contract with the third party provider pertaining to Away From Home Protection Plan. That plan. has been referenced in this Agreement and included in the purchase price above solely for the convenience of the Pyrchaser in making payments. FederaldiscimmofrfEML7ATIONOFAMOUNTEWANCEDof$ 3 shall bearditedtovouua000untwithSellei .AHxmttm'd to others on vourbehalf: $ to Public officials. $ _ to Assist America PrearrmeementServices. Inc. (we may be retaining a tiottion of this airtaait). ANNUAL FINANCE Amount Financed Total of Payments Total Sa a Price: PERCENTAGE CHARGE The amount of credit The amount you will have The total cost of yoac pit RATE The dollar amount the provided to you or on paid after you have made all chase on ctedit; iticluditt� The cost of your credit as a credit will Bost you.. your behalf payments as scheduled. your down pa}tinept-of a yearly rate. - Your payment schedule will be:' Number of Payments Amount of Payments When Payments Are Due _ ? _r t� ' '' ' -i4 4 k% : z r� �,. ,_ i� Beginning 7,5a One Prepayment: If you pay off early, you will be entitled to a rebate of all or part of the Finance Charge. Security: You are giving a security interest in the goods and property being purchased. Late Charges: If full payment is not made within 15 days after it is due, you will be charged $5.00 or 5% of such payment, whichever is less. .Other Provisions: See this Agreement for any additional information about nonpayment, default, any required repayment in full (exclusive of unearned fma charges) before the scheduled date, and prepayment rebates and penalties - If accepted by Seller, the parties hereto agree 10 the following terms and conditions: 1. Agreement to Pay. Having first been quoted both a Total Cash Price and a Total Sale Price for the items described above, and for value received, theundois4 Purchaser jointly and severally, if more than one, promises to pay to the order of Seller, at its address shown below, the amount identified above as the TotafofP* iSAccordance with the payment schedule dates set out above_ / itle. Seller will retain title to said Interment Rights and Merchandise until the Total Sale Price has been paid by Purchaser to Seiler. , emeteryRuks and Regulations. Purchaser agrees that all rights conveyed under this Agreement are subject to and Purchaseragreestoat all times Comply with lfi�Q F rifles, regulations and bylaws of Seller on file and subject to examination in its office and as may be hereinafter adopted, amended or altered. "= 4. Prepayment. Upon prepayment in full, whether voluntarily or upon acceleration by reason of Purchaser's default and payment in full or judgment against Purchaser for the un aid balance, Purchaser shall receive a rebate of an unearned Finance Charge computed in accordance with th ule of 78'a''f' a " -Total Sale Price is paid within 12 mouths of the date of this Agreement, or on or before its maturity, if iyjV"MJJ1EMI 12 m Purchase }titled to a full rebate of any Finance Charge. i . later meet aad Recording Fee. Unless otherwise specifically provided herein, a charge for opening and closing the it jt s d a (>a (4eiein.referred to as Interment and Recording Fee 1. is not inrb.dril ;., e1,P The Away From Hone Protection Plan, if purchased hereunder, is a product provtoeo oy a uiuu patty, inn uy ulc celtictcl y tueturtleu ut uus nSlocH'1,m 1. I—, provider is not owned by or affiliated with the v, and the cemetery is not responsible for the performanc `he services associated with the Away From Home Protection Plan. The Purchaser will be required ' nto a separate contract with the third party provider p t to Away From Home Protection Plan. That plan has been referenced in this Agreement and includ a purchase price above solely for the convenience of th Maser in making payments. Federal disclosureoft1H .ATIONOFAMOUNrruvANCLOof a < - t .a Mail betaedttedto your account with Seller. An" paid in others on vouri behalf: S to miblicofflcials, $ to Assist America Ptearrartgetneiu Services, Inc. (we may be retaining apottioitof this atntxmt). NNUAL FINANCE Amount Financed Total of Payments Total Sale. Price: ERCENTAGE CHARGE The amount of credit The amount you will have The total cost of your u• TE The dollar amount the provided to ou or on paid after you have made all chase on credit, igclu ` The cost of your credit as a credit will_ cost you.- your behalf- -- payments as scheduled. your down paymefit of a yearly rate. _ __ d % (e)$ (e +f)$ (c +f)$ Your payment schedule will be: Number of Payments Amount of Payments When Payments Are Due �,. i f v rt G. t •1 4 r, 7 nNo w L- Beginning a U Z One Prepayment: If you pay off early, you will be entitled to a rebate of all or part of the Finance Charge. Security: You are giving a security interest in the goods and property being purchased. Late Charges: if full payment is not made within 15 days after it is due, you wilt be charged $5.00 or 5% of such payment, whichever is less. Other Provisions: See this Agreement for any additional information about nonpayment, default, any required repayment in full (exclusive of unearned finance, . charges) before the scheduled date, and prepayment rebates and penalties.' If accepted by Seller, the parties hereto agree to the following terms and condrtrons. 1. Agreement to Pay. Having first been quoted both a Total Cash Price and a Total Sale Price for the items described above, and for value received, the undersigned Purchaser jointly and severally, if more than one, promises to pay to the order of Seller, at its address shownbelow, the amount identified above as the To-tat of Payments_ in accordance with the payment schedule dates set out above. 2. Title. Seller will retain title to said Interment Rights and Merchandise until the Total Sale Price has been paid by Purchaser to Seller. 3. Cemetery Rules and Regulations. Purchaser agrees that all rights conveyed under this Agreement are subject to and Purchaser agrees to at all times comply with the present rules, regulations and bylaws of Seller on file and subject to examination in its office and as may be hereinafter adopted, amended or altered. 4. Prepayment. Upon prepayment in full, whether voluntarily or upon acceleration by reason of Purchaser's default and payment in full or judgment being entered against Purchaser for the unpaid balance, Purchaser shall receive a rebate of any unearned Finance Charge computed in accordance with the "Rule of 78's ". If the -Total Stile Price is paid wifhia _12 months of the date of this Agreement, or on or before its maturity, if it matures in less than 12 months, Parehaser will be +,i)tlttc,to a full rebate of any Finance Charge. a3 7l ti, eqt and Recording. Fee. Unless otherwise specifically provided herein, a charge for opening and closing. the interment space and applicable cemetery document . fetred to'aS Interment and Recording Fee), is not included in the Total Cash Price set forth herein, and there will bean added charge for this service at the :. gecotding. Feeis purchased hereunder, the price set forth herein reflects normal work hourrates. There wi illbean additional charge iftheintetmont ia; horrna( work hours. Sllion:payment ofthe Total Sale Price by the Purchaser, the Seller agrees to convey the above - described Interment off► {g) designated below: NAME ADDRESS CITY. - Addren ply, Stale, Zip M Do not sign this Agreement before you read it or if it contains any blank spaces to be Riled in. (2) You are enttti „ .r r° '. 7euittpletely filled in copy of this Agreement. (3) You can prepay the full amount due under this Agreement at any time and olt „ a prtisl refund of the finance charge if it is $l or more. Because of the way the amount of this refund will be figured the. ttrtte prepay could increase the ultimate cost of credit under this Agreement. (4) If you desire to pay off In advance the full ambuotp unt of the �refund.you are entitled to, if any, will be furnished upon request. 4: (Purchaser to initial.) Purchaser hereby acknowledges that a copy of the Department of Consumer Affairs' guide. e " onsumer Guide to Cemetery and Funeral Purchases" was provided for_ retention prior to the drafting of this Agreet>4tdi# ?' FOR MORE INFORMATION ON FUNERAL, CEMETERY AND CREMATION MATTERS, CONTACT: DEPARTMENT OF CONSUMER CEMETERY AND FUNERAL BUREAU, 400 R STREET, SUITE 3080, SACRAMENTO, CA 95814,916-322--7737. NOTICE: BY SIGNING THIS AGREEMENT, PURCHASER IS AGREEING THAT ANY CLAIM PURCHASER MAY HAVE THE SELLER SHALL BE RESOLVED BY ARBITRATION AND PURCHASER IS GIVING UP HIS/HER RIGHT TO A MA RI, TRIAL AS WELL AS HIS /HER RIGHT OF APPEAL. ; =? Purchaser hereby acknowledges that this Contract was com- pleted as to all essential provisions before it was signed by Purchaser and a copy thereof was delivered to Purchaser at the time this. Contract was signed. Time 1 i 0-'AM ❑ PM Source Signed this tj _day of J LJ , 20 2 3 The Internal Revenue Service does not require )(Our consent to any provision of this document .tlian the certificatioq u• r to avoid backup withholding. Purchaser t, -Daft .re:rtn *S.S.N. 5- ' > ' j - ' t C�' j _ ale ❑ Female Co-Purchaser the Purchaser represents and orsheis Date You, The Purchaser May Cancel This Tr Prior To Midnight i:W The Fifth Calendar This Transaction Provided No Interment Or Merchandise 1?ias Been Provided Hereul Or Matz Written Notice Of Your Intent To W CAUFO04A RWMM NP dba PACIRC vltl W M Accepted By: Counselor order from the Internal Notwithstandinngg Anyy Other Cancellation Rights Provided In This Agreement, If This Sale Was Solicited And APiaceOtherl7tanNeSeller 'sPiweofBusmess: YOU THEBUYER ,MAYCANCELTHISTRANSACTII OFTUTHIRDBUSINES,90YAFTERTHEDATE6FTHISTRANSACTION. SEETHEAITACHEDI >FTRIGHT. THER SIDE FOR AD�DII7UNAGTERI"fARE rt►Kl "ter Tl FORM "2 1Rl�r.( F� DISTRIBUTION: WH1TE-CEMETERYCOPY CAtiAR PACIFIC MIEN 0 PARK per. IC VIEW MEMORIAL PARK -7e +� 3500 PACIFIC 81€4 DIRE „ •AL'i i> r?tvr nitivt C -Ot:'ONA M MA;: Cpl �` ,v *`•� 1`'<., 817890 890 CORIIA 8 €L KF? CA 926.5 IL I@: �� 8802018" 453 @0Z2i5992 li it� g�pO3Of323EKP E : 85%0' 080005 IN0010E: 00' 8e7 Ti!f: 14:1• JUL 15= 05 z RXIA N0.. 01589' AL $460-27 tat OUPLICAIE ttt Arp i - ?.+ A801E ICIAL WWI :0R0?H6 To CARO ISSUER AGRE1101 If CRE011 VOUCHER) - - - -- RAJiO£L Y N0006RIfT MERCHANT COI" 1 THIS AGREEMENT PROVIDES FOR ENDOWMENT CARE T RIGHTS, MERCHANDISE AND SERVICES PURCHASE/SECURITY AGREEMENT 407 No. rchaser ", hereby agrees to purchase the Interment Rights, Merchandise and Services described herein, subject to ve -named cemetery, hereinafter referred to as "Seller". C t Siq TELEPHONE �i -' -- zip Sate City t QS ru t NS J'{ a 6-f _ -1") [;�rZ C to: safe n rrvuMF.NT RIGHTS, MERCHANDISE AND SURVit=ra -- ..._.... $ Interment [tights (including Endowment Cate of $___ — ------------- _------------------------------------------ _._ - ..__...._...._ ............._.....-. ...................... _ ... _. ........................ ........................ . Interment Fees .- .••••• -.- Memorialization — Type ...^- ........................ _.. Size Design. Memorial Base — Type SizeColor ........................ _..... Memorial Endowment Care ------------------------ --- ------ -- ------- ------ - ---- ..._...................... .. . .. .... ... ...._............ emorial instaltationl[nspechon Fee .._......_ ....... .........._.._..__._......._... Y` r Burial Container— Material Supplier ........................ .,Aodel ....... _. '✓ Cremation Ch ----- Urn _ Type S �� ��" � r y �`.�E� . Size � r• c� r- t C a.1 5'G a Flower Vase —Type Nameplate ............................................................. ...... ..................... .. . •--- ...... _.. _.... -- ..... _ .... _ .... Lettering... ....... ............................ ........................._..... Other r ... _..._... ............. Other .............._... Sales Tax ....• .... ............................... .... .............. ............................... TOTAL CASH PRICE .. ... ... ......................... .. I LESS �� Down Payment Cash ---.._...-•---.... . ..................................... ............. ! s �� Zn .. // OtherCredit ................... ................ ••--- ......... ......................._.. •- --- .............._... ,, 7 c TotalDown Payment ...................................................................... ............................... . ... . UNPAID BALANCE OF CASH PRICE ----------------------------- _........._..._..._..._........ _.._ _ � �� � V •� REMARKS: M 5 9 U kc- r-' v N 7 O 0 z � TERMS — CASH SALE he Total Cash Price is due and payable as of the date of this Agreement. A delinquency charge of Lu nt. will be assessed monthly on any balance not paid within 30 days of the date of this Agreement. If less < Q ymeat is- received, Seller shall deduct the accrued delinquency charge from the amount received, p, LU a uder of the payment received to the Unpaid Balance. le - Jor its assigns) will have a security interest in the Interment Rights and v scribgd above. Seller will retain title to said Interment Rights and er .with. any delinquency charges thereon have been paid by Agreement are subject to and Purchaser agrees, `''regulations and bylaws of Seller as they may be hereinafter regulations and bylaws are available for examination at Seller's office- ON FUNERAL, CEMETERY AND CREMATION MATTERS, CONTACT: DEPARTMENT OF CONSUMER . y Y AND FUNERAL BlJRF.AIT_ 4M R WRRR -T t1J1rF Vk2a QAPUAMFNTn d A QCQ1A 014.111_ -"17 Pack View Memorial Park 3500 Pacific View Drive Corona Del Mar CA 92625 40 49 -644 -2700 73928 - 005188 -002 Randel Woodgrift 34895 El Dorado Road Lake Elsinore CA 92530 nned Cemetery I Payment Due t Past'Due i Amount (credit) 12,336.50 .00 7,663.50 ) ayment Due 41673.00 ate: 09/26/05 aiftmount 29,673.00 aDate 25,000.00 t Balance* 4,673.00 noN Thank You 08/17/05 AMOUNT STATEMENT OF CCOUNT Statement Date: 09/07/05 Randel Woodgrift Account #: 0407-00128811 Total Payment Due 4,673.00 Customer Service 1- 800 - 894 -2024 Mon - Fri 7:30 am - 6:00 pm (CT) Visit out website at: www.dignitymemorial.com Sign up for EZPay, save $25, and no longer write checks for your monthly payment. See reverse side for details. Dignity Memorial offers pre arranged funeral and cremation plans that provide choices ranging from contemporary celebrations to more traditional tributes. Please contact.your nearest Dignity Memorial provider to create. meaningful service for you and your loved ones. Call 1- 800 - Dignity to find a provider near you. Detach lower port/on and return with your payment In the envelope provided. Yew. Memorial Park ! f Account cific Yew Drive Del Mar CA 92625 0407 - 00128811 09 5 , -2700 a Check here M address am L%r telephone member changes we L, '. • • • make check indicated on the reverse skW- payabte to: Randel Woodgrift agement 4419 us on TX 77210 -4419 0407 00128811 000467300 5 �1gY� AGENDA ITEM NO._�_� PACE MEMORIAL ORDER MEMORIAL EMBLEMS LETTER LE per literature, unless otherwise specified. MEMORIAL BASE (Storage Not Available) Of" CONTRACT NO. // Border ('a Z j 1 r rrEM # G/L ACCT SALE DATE .i (.ti00- (� ! i n- Base Size(L) x(W) PASER(S) ] ADDRESS Street City State Zip - Telephone OWNER OF INTERMENT RIGHT DATE FORMAT VASE CAST IN MEMORIAL O YES 0 NO Mem. Size (L) x W 0 YEAR ONLY (Included in price) BRONZE VASE (Separate Units): ADDRESS Street �.` (ZcNc 10, City State _Zip -VY9.� r ,.n-5a r,.)dr -' IQ Tdephcuu C -rZ '---Ij =6 L MEMORIAL EMBLEMS LETTER LE per literature, unless otherwise specified. MEMORIAL BASE (Storage Not Available) Type: Granite YP� 0 0 Other Color // Border ('a Z j 1 r No. Description Design Base Size(L) x(W) Mfg. v Type DATE FORMAT VASE CAST IN MEMORIAL O YES 0 NO Mem. Size (L) x W 0 YEAR ONLY (Included in price) BRONZE VASE (Separate Units): Catalog No. O FULL DATE (Additional Charge) Style Quantity Memorial Color_ PLEASE PRINT CLEARLY.OR TYPE THE MEMORIAL INSCRIPTION Lo A� ) .J omrt.ctus: . Uwe (1) approve the above memorial design, size, lettering and dates, (2) represent that Uwe have the legal authority to order the placement or storage of this memorial and are the exclusive owner(s) or authorized representative(s) of the legal owners of the Interment Rights described above; (3) agree to indemnify and hold harmless said cemetery, its agents, and employees, against any liabilities or damage in connection with the installation of the memorial if the named cemetery is not also the Installer. Upon full payment of this contract I direct that the memorial be manufactured, delivered, and (select one) O installed at the cemetery upon the Interment Rights, as described above 0 gKW at a bonded storage facility. If the stored option is selected, Uwe understand and acknowledge that, by signing below (1) the memorial stored shall be insured for all applicable risks (at no additional expense to purchaser); (2) upon manufacture and storage of the memorial. Vwe will receive a Certificate of Title or receipt showing the transfer of ownership; (3) upon having legal authority, the memorial will be delivered to the Seller for installation, and (4) if I elect to use another . written request from the undersigned or other person cemetery, other.than an affiliate of the Seller, unless already arranged, Uwe understand and acknowledge that I will be responsible for the costs associated with shipping the memorial to that cemetery. f Signed this ! ` �` day of, `� .20 Accepted By: Autltrui ed Re 7. rivr Purchaser. X f �. C�� o Cernetery Name: Rdarianship i T Purchaser. Counselor. Relatiittthip - OFFICE USE ONLY MEMORIAL ORDER INSTRUCTIONS: Check Applicable Box Mfg. Acct_ No. 0 Manufacture and Ship To: 0 Manufacture and Store INVOICE AND SHIP TO: (MUST BE COMPLETED) Nano of Cemaay PP TERM MONTHS O DC ENCLOSED By: Addreu City -- SM. Zip' Loc. No_ Date Im 0 O Z LU g Q Z Q, W v CC u 1, / MEMORIAL ORDER ('1 t 1 / ' EMBLEMS LL=ER STYLE per literature, unless otherwise specified. I z � J LOC" NO. CONTRACT NO- ITEM # G/L ACCT SALE DATE Type: ❑ Granite E� iASER(S) f� R T", 60-) 7 I ADDRESS J A (` -" r ,r_~.S Z �• � t _ (' ! I �- c 1, r ��ds2 j.,r'1)�� [�rx y..r!�0..���li�i t^:�- (�1) r� --c �C •t �'7, Street Gty State Zip Teteph- OWNER OF INTERMENT RIGHT - Set. Base Size(L) x(W) ADDRESS Strew r cty DESCRIPTION OF INTERMENT RIGHT sta. Zip Telco- __ MEMORIAL EMBLEMS LL=ER STYLE per literature, unless otherwise specified. MEMORIAL BASE (Storage Not Available) _ Border P, U C' No- Description Type: ❑ Granite ❑ Other color Design U� Base Size(L) x(W) Mfg. Type DATE FORMAT VASE CAST IN MEMORIAL ❑ YES ❑ NO Mem. Size (L) x W ❑ YEAR. ONLY (Included in price) BRONZE VASE (Separate Units): Catalog No ❑ FULL DATE Style Quantity Memorial Color. (Additional Charge) PLEASE PRINT CLEARLY OR TYPE THE MEMORIAL INSCRIPTION otnwnts: Uwe (1) approve the above memorial design, size, lettering and dates; (2) represent that Uwe have the legal authority to order the placement or storage of this memorial and are the exclusive owner(s) or authorized representative(s) of the legal owners of the Interment Rights described above; (3) agree to indemnify and hold.harmiess said cemetery, its agents, and employees, against any liabilities or damage in connection with the installation of the memorial if the named cemetery is not also the Installer. Upon full payment of this contract 1 direct that the memorial be manufactured, delivered, and (select one) ❑ installed at the cemetery upon the Interment Rights, as described above ❑ sto ndr at a bonded storage facility. If the stored option is selected, Uwe understand and acknowledge that, by signing below.(1) the memorial stored shall be insured for all applicable risks (a( no additional expFnse to purchaser); (2) upon manufacture and storage of the memorial, [/we will receive a Certificate of Title or receipt showing the transfer of ownership; (3) upon written request from the undersigned or other person having legal authority, the memorial will be delivered to the Seller for installation, and (4) if I elect to use another cemetery, other than an affiliate of the Seller, unless already arranged, Uwe understand and acknowledge that I will be. responsible for the costs associated, with shipping the memorial to that cemetery. O S Signed this da 2c Accepted By: � Aurtwriztd aeataBve Purchaser. L ` -�f� U Cemetery Name: CNN Purchaser: Counselor. - Relalionrhip - OFFICE USE ONLY MEMORIAL ORDER INSTRUCTIONS: Check Applicable Box Mfg. Acct. No. ❑ Manufacture and Ship To: ❑ Manufacture and Store INVOICE AND SHIPTO: (MUST BE COMPLETED) Ka ofCemam PPTERM MONTHS ❑ DC ENCLOSED By: Addy on'ioe Manager state Tip Loc. No. Date LL O W LU d � d. w }��� leoneoki O ortuarp Exltt... IG4o South El Camino Real, San Clemente, CAC, f DATE July 12, 2005 SERVICE NO. 05-156 Dp-wASED NAME Barbara Vasquez- WOOdgr' t Woodgrlft DF DEATH July 12.2005 PLACE OF DEATH Highway Lake Elsinore, CA s are Doty for those items Ihat Yyou selected or that are required. H we sreidreasu a� by t� t ay yf embalming You d not � r in writing below- . H you seteCtea a hrieral that may requre embalming . If we charged for embalming, we wrti explain why pay fat embalmng You did not approve H you selected arrangements such as a duel crematan or immediate Statement Of Funeral Goods And Services Selected SERVICES SELECTED Funeral Director And Staff Service Package (B) Newspaper Church Graveside Memorial service Shipment Of Cremated Remains Expediting Of Cremated Remains Telephone / Fax . Preparation Of Body Embalming Other Preparation Refrigeration Facilities Visitation ceremony Memorial Service Music Library .^ asportallon �ftoo Mortuary To Cemetery / Airport Hearse / Station Wagon Limousine Excess Mileage (Riverside County, $ 2.568.00 $ -0- s o- $ -0 $ -0- S -0- a 20.00 $ 2:738.00 S -0- $ 125.00 $ 125.00 s -0- S -0- $ a $ 50.00 $ 50.00 S -0- S -0- S -0- $ -0- i 400.00 $ 400.00 TOTAL MORTUARY CHARGES $ 3,313.00 CASH ADVANCES: Clergyman Church Organist soloist Crematory Marker Installation Cemetery Outside Embalming Other Mortuary Flowers Motor Escorts ( ) Airline Estimate / Other Transp. Burial Or Transit Permit Certified Copies ( 15 ) Coroner Fee Other S -0- S -0- s -o- s -o- S 250.00 $ -)- a -0- S -0- S -0- $ -0 S -0- $ -0- $ 13.75 E 195.00 $ 100.00 S -0- $ 558.75 CA Sales Tax TOTAL OF ALL CHARGES LESS CREDIT: S TOTAL CREDIT BALANCE DUE = 27.13 $ 4.248.88 =0- 0 3 -G- 1; 4,248.88 H any law. cemetery or crematory requkemefns have required the purchase of any of the li l sled above the law or iequtrement is explained bel ow CA Law requires Permit and Sales Tax MERCHANDISE Casket $ 200.00 Reason for Embalming Not Embalmed Ca*et (Oval Top Outer Burial Container $ -0- we charge you for our services in obhaink a(spedtY cash advance items) - Outer Container Alternative Container $ -0- The only warranttyy on the casket and / or outer burial oonfakm sold in is time express writer warranty. i<any, granted Register Book Folders, Adc. Cards $ 150.00 connection wiUn Ifls ser1lCe by the manufacturer. This funeral home makes no wartanty, express or imPkd, Burial Clothing $ '0 with respect to the casket andfor outer burial container. Grave Marker $ -0- For More Information On Funeral Matters. Contact. State Board Of Funeral Um $ -0- Directors And Embalmers (Dept. Of Consumer Affairs), 400 R Street Other $ -0- Sacramento, CA 95814. Telephone Number (916) 263 -3180 For More Information On Cemetery And cremation Matters, Contact The $ 350.00 Cemetery Board (Dept Of Consumer Affairs), 400 R Street, Sacramento CA 95814. Telephone Number (916) 263 -2660 Billing To_ Randal HWIQam Wood9rNt 34885 El Dorado Lake Elsinore CA 92530-, ink ; d a Dopy of 0* that I have examkied are above stated have and s„tt> asYdvailable�t� p:�►rpioeandd hereby and covenant= r xn and agreement f hereby represent tot 30 qhW men" of $ 0.00 w" yy� A late charge Of % roordh an x�e b > b balarmoe of arms agreenmerd Any additional servioe3 c r merchandise ordered or re tested crier d this wit considered of 0* apreemoit� time cost wa on the Foal s "cement I adamowledge cwt 1 have received are g Price list and have been offered for review time casket price list and the outer burial coma X Husband signed °aidWO"iO Desed AGENDA ITEM NO. Mark Lesneski PAGE_ 3 OF &q,5 Hhrnba Name Or F�r►era/UivecYor February 1, 2006 TO: The City of Lake Elsinore ATTENTION: Frederick Ray, Risk Manager RECEIVED FEB 0 7 2006 CITY CLERKS OFFICE RE: Claim Woodgrift vs. The City of Lake Elsinore Claimant Kenneth Woodgrift D/Event 7/11/2005 Rec'd Y /Office 12/15/2005 Our File S- 1396118 -RQ 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, WARREN & COMPANY icodrd D. Marque cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 The City Drive • Ste 400 •Orange, CA 92868 Mail: P.O. Box 25180 - Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 Ext. 140 - (800) 572 -6900 - Fax: (714) 740 -9412 AGENDA ITEM NO. PAGE___f �_DF of Yo-ke, "ConE C1lty i 00t 1:5MozE" Robert E. Magee January 23, 2006 Mayor Robert Schiffner Dwight Kunz Mayor Pm Tern Carl Warren & Company Thomas Buckley P.O. Box 25180 Councilman Santa Ana CA 92799 -5180 Daryl Hickman Councilman Dear Mr. Kunz: Genie Kelley Enclosed for your handling is a claim received on December 15, Councilwoman 2005 from FOX" & FOX Law Corporation on behalf of Kenneth Robert A. Brady Woodgrift (CL #2005 -39). Please keep me advised of appropriate r City Manager City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 262. Sincerely, DERI RAY, CITY CLERK CITY OF LAKE ELSINORE Enclosure cc: City Manager Finance 130 cSo,tf oviain St4EEt, ZakE CLiinoEF, L7og 9/��2p530 // f3E&- pfionE (951 674 -3124 'Jax (951) 674 -2392 wm7aT.LahE- ELsino,tE.o49 AGENDA ITEM N®•____� — ./ PAGE �oF I FOX & FOX LAW CORPORATION JAMES E. FOX ROBERT M. FOX' Attomeys at Law 'OF COUNSEL December 9, 2005 VIA FEDERAL EXPRESS City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Re Woodgrift v. R & R Trucking Dear Clerk: RECEIVED DEC 15 2005 CITY CLERKS OFFICE Enclosed herewith please find an original and copies of the following: 1. CLAIM AGAINST THE CITY OF LAKE ELSINORE by Randel Woodgrift; 2. CLAIM AGAINST THE CITY OF LAKE ELSINORE by Kenneth Woodgrift; 3. CLAIM AGAINST THE CITY OF LAKE ELSINORE by Vincent Vasquez. 4. - Exhibits to these claims. Please submit the original claims and return the stamped copies in the self - addressed, stamped envelope provided herein. Thank you very much. Very truly yours, FO FO L W CORPORATION JA ES E. :af Enclosure 15233 VENTURA BOULEVARD • Suite 1111 • Sherman Oaks, CA 91403 -22 til IN DA l > L 61 f4 1. tel: (818) 986-4494 • Fax (818) 981 -1181 • E -Mail foxandfox @sbcglobal.net pAcE OF 16s CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) (EC --Vt,6 d) Received by:, City epresentative DEC 15 2005 CITY CLERKS OFFICE A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident or 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, City 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 information relative to damage to persons and/or personal property: 1. NAME OF CLAIMANT: KENNETH WOODGRIFT, a Minor a. Address of Claimant: 34895 El Dorado Road, Lake Elsinore, CA 92530 b. Phone No. (951) 678 -9584 C. Date of Birth November 15,1994 d. Social Security No. 603 - 784726 e. Drivers License. No. NOT APPLICABLE 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: do FOX & FOX LAW CORPORATION, 15233 VENTURA BOULEVARD, SUITE 1111, SHERMAN OAKS, CA 91403 3. Occurrence or event from which this claim arises: a. Date: JULY 11, 2005 b. Time: 11:25 p.m. c. Place (Exact and specific location) 32391 Riverside Drive (SR-74), Lake Elsinore, CA d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary). e. What particular action by the City or Its employees, caused the alleged damage or injury? City of Lake Elsinore created a dangerous condition of public property when it authorized the trailer owner and operator to store the subject trailer on the side of westbound Riverside Drive obstructing . the bike lane and creating a dangerous condition. See Attachment 3(e). AGENDA {TE_N1 NO. 3 PAGE—.OF- 06 4. Were there any injuries at the time of this accident? If not, state 'No Injuries'. Claimant was seriously injured in the accident and his mother, Barbara Vasquez - Woodgrift was killed. 5. Give the name(s) of the City employees) causing the damage or injury: Steve Alvarado, Carol Gordon and /or other unknown City of Lake Elsinore employees. 6. Name and address of any person injured: Kenneth Woodgrift, 34895 El Dorado Road, Lake Elsinore, CA. 7. Name end address of the owner of any damaged property: Randel Woodgrift, 34895 El Dorado Road, Lake Elsinore, CA 8. Damages claimed: a. Amount claimed as of this date $ 8,000,000.00 b. Estimated amount of economic damages $ 1,000,000.00 c: Total amount claimed $ 91000,000.00 d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc); Serious bodily injuries and the death of Claimant's mother. 9. Names and addresses of all witness, hospitals. doctors. etc: a. See attached Sheriffs investigation reports, medical records, photos b. C. 10. Additional information that might be helpful in considering this claim. Materials attached. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 72/lnsurance Code 556.1) 1 have read the matters and statements made in the above claim and I know the same to be true of my own knowledge except as to those matters stated upon Information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. SIGNED THIS 9TH DAY OF DECEMBER 2005 AT f HERIWAN OAKS, CALIFORNIA. CLAIMANT'S SIGNATURE: AGENDA ITEM Nei.____ PAGE F—Y' OF 20 i---J iM February 1, 2006 TO: The City of Lake Elsinore ATTENTION: Frederick Ray, Risk Manager RECEIVED FEB 0 7 2006 CITY CLERKS OFFICE RE: Claim Vasquez vs. The City of Lake Elsinore Claimant Vincent Vasquez D/Event 7/11/2005 Rec'd Y /Office 12/15/2005 Our File S- 1396118 -RQ 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 D. Marque cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 The City Drive • Ste 400 -Orange, CA 92868 Mail: P.O. Box 25180 - Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 Ext. 140 - (800) 572 -6900 • Fax: (714) 740 -9412 AGENDA ITEM NO-- Z— -- PAGE___�__GP. --1 Of zake E[IWOTE nF got �0'tE J� Robert E. Magee Mayor January 23, 2006 Robert Schiffner Mayor Pro Tem Dwight Kunz Thomas Buckley Carl Warren & Company Councilman P.O. Box 25180 Daryl Hickman Santa Ana CA 92799 -5180 Councilman Dear Mr. Kunz: Genie Kelley Councilwoman Enclosed for your handling is a claim received on December 15, Robert A. Brady, City Manager 2005 from FOX & FOX Law Corporation on behalf of Vincent Vasquez (CL #2005 -40). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 262. i Sincerely FREDERIWRAY, CITY CLERK CITY OF LVAKE ELSINORE Enclosure cc: City Manager Finance 130 cSoud e�ain - tzEd, -fa4E ffiino¢E, 92530 JELEl2/2onE (951) 674 -3124 Sax (951) 674 -2392 cvwur.La%E E�iino¢E_oz9 AGENDA ITEM PAGE /a OF 1,P'O FOX & FOX )-AW CORPORATION December 9, 2005 VIA FEDERAL EXPRESS City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Re Woodgiift v. R & R Trucking Dear Clerk: JAMES E. FOX ROBERT M. FOX* Attorneys at Law 'OF COUNSEL RECEIVED DEC 15 2005 CITY CLERKS OFFICE Enclosed herewith please find an original and copies of the following: 1. CLAIM AGAINST THE CITY OF LAKE ELSINORE by Randel Woodgrift; 2. CLAIM AGAINST THE CITY OF LAKE ELSINORE by Kenneth Woodgrift; 3. CLAIM AGAINST THE CITY OF LAKE ELSINORE by Vincent Vasquez. 4. - Exhibits to these claims. Please submit the original claims and return the stamped copies in the self - addressed, stamped envelope provided herein. Thank you very much. Very truly yours, FOY y&r FO L W CORPORATION JAMES E. :af Enclosure 15233 VENTURA BOULEVARD * Suite 1111 • Sherman Oaks, CA 91403 -2201 tel: (818) 986A494 • Fax (818) 981 -1181 • E -Mail foxandfox @sbcglobal.nel ;GENDA ITEM PAGE_2L_01` / CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) (Time/Date Received) ECIVED Received b y: �_ R E City Representative DEC 15 2005 CIN CLERKS OFFICE A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident or 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, City 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 information relative to damage to persons and/or personal property: 1. NAME OF CLAIMANT : VINCENT VASOUEZ, a Minor a. Address of claimant: 34895 El Dorado Road, Lake Elsinore, CA 92530 b. Phone No. (951) 67 8-9584 c. " Date of Birth February 23, 1990 d. Social Security No. 626 -34 -5713 e. Drivers License. No. NOT APPLICABLE 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: c/o FOX & FOX LAW CORPORATION, 15233 VENTURA BOULEVARD SUITE 1111 SHERMAN OAKS CA 91403 3. Occurrence or event from which this claim arises: a. Date: JULY 11, 2005 b. Time: 11:25 p.m. c. Place (Exact and specific location) 32391 Riverside Drive (SR -74), Lake Elsinore, CA d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, act or omission you claim caused the injury or damage (use additional paper if necessary). e. What particular action by the City or its employees, caused the alleged damage or injury? City of Lake Elsinore created a dangerous condition of public prope!n when it authorized the trailer owner and operator to store the subject trailer on the side of westbound Riverside Drive, obstructing the bike lane and creating a dangerous condition. See Attachment 3(e). PAGE_-7,�--OF -1d0 **Nor, '"aw r� 4. Were there any injuries at the time of this accident? If not, state 'No injuries'. Claimant has suffered the wrongful death of his mother, Barbara Vasauez- Woodgrift who was killed. 5. Give the name(s) of the City employees) causing the damage or injury: Steve Alvarado Carol Gordon and /or other unknown City of Lake Elsinore employees. 6. Name and address of any person injured: Kenneth Woodgrift, 34895 El Dorado Road, Lake Elsinore, CA. 7. Name end address of the owner of any damaged property: Randel Woodizrift, 34895 El Dorado Road, Lake Elsinore, CA 8. Damages claimed: a. Amount claimed as of this date $ 8.000.000.00 b. Estimated amount of economic damages $ 1,000,00100 c. Total amount claimed $ 9,000,000.00 d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc); Death of Claimant's mother. 9. Names and addresses of all witness, hospitals. doctors. etc: a. See attached Sheriffs investigation reports, medical records, photos b. G 10. Additional information that might be helpful in considering this claim. Materials attached. WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 7211nsurance Code 556.1) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge except as to those matters stated upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. SIGNED THIS 97H DAY OF DECEMBER CLAIMANT'S SIGNATURE: J OAKS, CALIFORNIA. AGENDA ITEM NO._ 3 PAGES ®F ``�. RECEIVED FEB 0 6 2006 January 31, 2006 CITY CLERKS OFFICE TO: The City of Lake Elsinore ATTENTION: Frederick Ray, Risk Manager RE: Claim Trujillo & Joe M. Quintero vs. The City of Lake Elsinore Claimant Luis Trujillo & Joe M. Quintero D/Event 6/8/2005 Rec'd Y /Office 12/13/2005 Our File S- 1400320 -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 D. Marque cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 The City Drive - Ste 400 •Orange, CA 92868 Mail: P.O. Box 25180 - Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 Ext. 140 • (800) 572 -6900 • Fax: (714) 740 -9412 AGENDA ITCV CEO. 3 _ PAGE GOVERNMENTAL ENTITY PRELIMINARY REPORT TO: Carl Warren,&t Company DATE: 2/8/06 770 Pla ntia Avenue CLAIMANTS: Luis Trujillo & Pla ntia, CA 92870 Joe M. Quinteros OD FILE NO: 1400320 -CKQ D/EVENT: 6/8/05 FILING DATE: 12/13/05 SIX MOS.: Yes PRINCIPAL /CITY: CJPIA/City of Lake Elsinore. RECOMMENDED ACTION ON CLAIM :.Take no action. �^ FACTS: Claimants allege the city failed to provide them with notice concerning the demolition of their real property. POSSIBLE CO- DEFENDANTS: None apparent. EVALUATION: Pending. RESERVES TYPE OF CLAIM AMOUNT 1. $25K LPD $200K+ COMMENT/WORK TO BE COMPLETED: Obtain city records concerning notice given to the claimant. Determine whether or not the city provided requisite notice to the claimants. Very Truly Yours, CAn WARREN & CO. Chris Kustra s Frederick Ray, The City of Lake Elsinore cc: CJPIA - Attention: Executive Director CARL WARREN & CO. An Empfoyee -Owned Company CLAIMS MANAGEMENT • CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180, Santa Ana, CA 92799 -5180 Phone: (714)572 -5200 • (800)572 -6900 • Fax: (714)961 -8131 AGENDA ITEM ND. 3 FpGE - _DF %. ' Robert E. Magee Mayor January 23, 2006 Robert Schiffner Mayor Pro Tern Thomas Buckley Councilman Daryl Hickman Councilman Genie Kelley Councilwoman o �z� Of City s got c1001Z �• Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Robert A. Brady Enclosed for handling is a claim received on December 13, City Manager your ang 2005 from William T. Pascoe, Attorney at Law on behalf of Louis Trujillo and Joe M. Quintero (CL #2005 -41). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 262. Sincerely REDERI Y, CITY CLERK CITY OF AKE ELSINORE Enclosure cc: City Manager Finance 130 eSouEfi <A- eSEzeeE, 1ake CLSino¢e, 6e 92530 p/� p/� / �ef,#fione (951) 674 -3124 '7,x (951) 674 -2392 WU7U7L E -eL i[noze.oz y AGENDA ITEM NO, _3 PAGE Mar 02 05 08:54p r1ene Best Y6191468 -9044 p.2 E�� CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) I-t�[_ri�R�CS Received by: City Representative A claim must be filed with the City Clerk of the 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 identify 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 THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINOIM CALIFORNIA: The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property: 1. NAME OF CLA RANT G i l s a. Address of Claimant G/o CVig= 14e,4 FA S' C o C S / b. Phone No. (9J G 1 r � % y C. Date of Birth A114- d. Social Security No. �✓��' e. Drivers Lic. No. /I(//- 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: G/ W, L L//�r►? %� r�'�i% "nt M flW of G�iv�c. e4l vC u � S'Z 3. Occurrence or event from which this claim arises: sw rx a Zi0 f t'; �E Cvt� od- J-1 a. Date J !/IVIC cf' ZW r d A i P7PL b. Time l/rl/bC VQ W✓V C. Place (Exact and specific location) _7-06 624 -14 4yW( , 11194 t L 4_" ft-XI IVO fztfi C+ 4P Z $7-VU d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event, ad or omission you claim caused the injury or damage (use additional paper if necessary). C L1/ U F t-%Kir &LS 1n(0A, /�rD / TJ 4,C6,y77 �) f 1 L-034l 2!!�!?c4W 7-'o f iW Pic Ly Nv 17,,-- y GGq� .nod •✓T� d _v i^/6 giw01_1 17 P A/ . Q e. What particular action by the City of its employees, caused the alleged damage or injury? 2f 1 rt- wo r �i fDiv l /V C4_V0rN 6 C4-tLd L G o" o n! * e d jlfil�. �,c.,,to � 0 6 ' � p a y N d �Y f3v rlx,� c1-417 UJ Mar 02 05 08:544 rlene Hest `6191468 -9044 P,3 4. Were there any injuries at the time of this accident? If not, state "No�injuries ". /Yd l ry JViZ1 Es 5. Give the name(s) ofthe City employee(s) causing the damage or injury: C "I, 6-02DJN 4fYd d f)1Lc/t. !/NKi✓du/iV Ct*r"VPi -d1EC 6. Name and address of any person injured: NO , � soA(4 -t IN dvluc1. 7. Name and address of the owner of any damaged property: �U6 G2�- r►t �9✓�Fyc C�-ic� �t„1'�n�dtrr. C 2 Y30 8. . Damages claimed: a. Amount claimed as of this date S�C)Cccjs dF *2-00, 000 b. Estimated amount of future costs $ _U W -el N' C. Total amount claimed S /�Y tJ - J 2. dd, d 0 0 d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc): OJe� Co J,5— 1�WL- 4- c -"op✓r- d< ,sue- vc�iyr s •..► Names and addresses of all witnesses, hospitals, doctors, etc: a._ NO 1740 IV/ 14-L b. C. 10. Any additional information that might be helpful in considering this claim: WARNING: TT TS A CRIMINAL OFFENSE TO FILE A FALSE CLAIMI (Penal code 72/Insurance Code 556.1) I have read the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perry that the foregoing is TRUE AND CORRECT. SIGNED THIS 8 174- DAY OF !!,EAT /'C!/LGe ;CALIFORNIA. CLAIMANT'S SIGNATURE: P�CV r AGENDA ITEM NO. PACE 91, %d'0 Tom. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 26 27 28 WILLIAM T. PASCOE, SBN: 133013 ATTORNEY AT LAW 27464 Commerce Center Drive, Suite F210 Temecula, CA 92590 Tel: (951) 699 -5190 Fax: (951) 699 -6240 H Attorney for Claimants, I� Louis Trujillo and Joe M. Quuintero CITY OF LAKE ELSINORE Louis Trujillo and Joe M. Quintero Claimants, V. I�CITY OF LAKE ELSINORE, CAROL GORDON, Code Enforcement Officer Defendants. Case No. CLAIM FOR DAMAGES FOR DEPRIVATION OF PROPERTY RIGHTS AND DESTRUCTION OF PROPERTY IN VIOLATION OF THE FIFTH AND FOURTEENTH AMENDMENTS; FOR VIOLATION OF CALIFORNIA CIVIL CODE SECTION 1714; FOR VIOLATION OF CCP SECTION 1822.55; FOR NEGLIGENCE NOTICE IS HEREBY GIVEN that CLAIMANTS JOE M. QUINTERO and JOE LOUIS TRUJILLO, owners as joint tenants of the property located at 704 Graham Avenue in the City of Lake Elsinore, California, hereby make a claim against the CITY OF LAKE ELSINORE (hereinafter "CITY"/ "LAKE ELSINORE') for violations of civil and constitutional rights, for destruction and loss of property without due process, fore negligence, for failure to properly advise, notify and give lawful notice to each of the claimants, and failure to execute the abatement warrant within 14 days after issuance pursuant to California Code of Civil Procedure Section 1822.55. CLAIMANTS make the following statements in support of his claim. 1. CLAIMANTS' post office address are in care of their attorney, William T. Pascoe, 27464 Commerce Center Drive, Suite F210, Temecula, CA 92590. 2. Notices concerning this claim should be sent to CLAIMANTS' attorney, William T. Pascoe, 27464 Commerce Center Drive, Suite F210, Temecula, CA 92590. 1 Notice o mstmtive Claim AGENDA ITU4 N0. PAGE or l�O 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CLAIMANTS jointly owned the real property, together with a "Craftsman S' " home, which structure was located at 704 Graham Avenue in Lake ElsinN'O' California. 4. CLAIMANTS were the record owners of title to the property, and their addresses were correctly and individually recorded with the office of the County Recorder for the County of Riverside. 5. On or about June 8, 2005, or sometime thereafter, the CITY of LAKE ELSINORE and its agents or employees, including CAROL GORDON, allowed, permitted, oversaw, and contracted for the demolition of CLAIMANTS structure despite the fact that neither the CITY nor Gordon, nor any other agents or employees, caused hue and correct notice of demolition to be sent to each of the correct addressees for the CLAIMANTS. 6. The place of the occurrences giving rise to this claim include, but are not limited to, City of Lake Elsinore, County of Riverside, within the state of California. 7. The dates of the occurrences complained of herein include, but are not limited June 8, 2005, when the property was demolished and the damage occurred. 8. Other acts or omissions occurred prior to and through June 8, but such acts or omissions were unknown to CLAIMANTS until their discovery sometime after June 8, 2005. 9. CLAIMANT is making a claim pursuant to the Government Code for property damage, diminution in value, loss of use, loss ofprofits and income for violation fo their state and Federal Constitutional rights to the extent that CITY, Gordon and others failed to give proper and actual notice to each of the CLAIMANTS. 10. CLAIMANTS also claim and contend that the City, Gordon and others failed to obtain a proper extension beyond 14 days as set forth in California Code of Civil Procedure section 1822.55, and that such failure was a material failure in that the warrant was stale, and if City had applied for an extension or renewal, the City wor' ' have been required to provide proper notice. 2 AGENDA ITEM NO. Notice of Administrative Claim PACE �QF ono 1 2 3 4 5 6 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. CLAIMANTS also contend that the CITY, Gordon and others were negligent and that had proper and. complete notice been actually given to CLAIMANTS, the CLAIMANTS would have brought the structure into compliance. 12. CLAIMANTS also claim and contend that the CITY violated and breached California Civil Code section 1714. 13. CLAIMANTS also make claims against DOES 1 -10, inclusive, and reserves the right to name other respondents as his investigation proceeds. CLAIMANTS' claim is in excess of $200,000.00. II December 8, 2005 �17� - iam T. Pascoe, Attorney for CLAIMANTS, Joe M. Quintero and Joe Luis Trujillo -3- AGENDA ITEM! E10. � Notice of AdministClaim rative C PACE /o/ OF /moo PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE I am employed in the County of Riverside, State of California. I am over the -age of 18 and not a party to the within action; my business address is 27464 Commerce Center Drive, Suite F210, Temecula, CA 92590. On December 8, 2005, I served the documents described as NOTICE OF ADMINISTRATIVE CLAIM on interested parties in this action. City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 [X] by placing in [ ] the original [X] a true copy thereof enclosed in a sealed envelope(s) [ "envelope "] addressed as follows: [ ] (BY MAIL) [C.C.P.§ 1013 (a) (1) Person Depositing In Mail] On , I deposited such an envelope in the mail at Temecula, California. The envelope was mailed with postage thereon fully prepaid. [ X ] (BY MAIL) [C.C.P. § 1013 (a) (3) Business Practice to Entrust Deposit to Others] On December 8, 2005, I placed such envelope for collection, deposit and mailing with the United States Postal Service following ordinary business practices at my place of business. I am readily familiar with the business practice of my place of business for collection and processing of correspondence with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. I am aware'that, on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. [ ] (BY FACSIMILE) [C.C.P. § 1013 (c)] On at Temecula, California, I transmitted the foregoing document via facsimile to the adressee(s) utilizing the appropriate facsimile numbers set forth above. [ ] (BY PERSONAL DELIVERY). On hand to the offices of addresses(s) above. I caused such envelope to be delivered by [ X ] (STATE) I certify and declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on December 8, 2005 W am T. Pascoe AGENDA ITEM CEO. PAGE 10-2 GE 19 Lwn *400 January 31, 2006 TO: The City of Lake Elsinore ATTENTION: Frederick Ray, Risk Manager RE: Claim Claimant D/Event Recd Y /Office Our File RECEIVED FEB 0 6 2006 CITY CLERKS OFFICE Fairchild vs. The City of Lake Elsinore Anthony and Monica Fairchild 10/27/2005 12/14/2005 S- 1400321 -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 D. Marque cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 The City Drive • Ste 400 •Orange, CA 92868 Mail: P.O. Box 25180 - Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 Ext. 140 - (800) 572 -6900 Fax: (714) 740 -9412 GOVERNMENTAL ENTITY PRELIMINARY REPORT TO: Ca/Placia mpany DATE: 2/8/06 77nue CLAIMANTS: Anthony & Mon ica Fairchild Pl70 FILE NO: 1400321 -CKQ D/EVENT: 10/27/05 FILING DATE: 12/14/05 SIX MOS.: Yes PRINCIPAL /CITY: CJPIA /City of Lake Elsinore. RECOMMENDED ACTION ON CLAIM: Reject claim. FACTS: City has condemned claimants' property as a nuisance. The claimants allege the city has caused them to lose market value of the property and incur unnecessary rehabilitation expenses. POSSIBLE CO- DEFENDANTS: None apparent. EVALUATION: Pending. RESERVES TYPE OF CLAIM AMOUNT 1. $10,000.00 LPD Unknown COMMENT/WORK TO BE COMPLETED: Obtain city records concerning the nuisance and abatement. Very Truly Yours, ::. •• Chris Kustra Frederick Ray, The City of Lake Elsinore cc: CJPIA - Attention: Executive Director CARL WARREN & CO. An Emproyee- Owned Company CLAIMS MANAGEMENT . CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180, Santa Ana, CA 92799 -5180 Phone: (714)572 -5200 • (800)572 -6900 • Fax: (714)961 -8131 AGENDA t T iNI NO. 3 PAC����� i NWAOV • Cit O -fak'E EflinOTE "Vn£ city 'l got '-Mo,E„ Robert E. Magee Mayor January 23, 2006 Robert Schiffner Mayor Pro Tern Thomas Buckley Councilman Daryl Hickman Councilman Genie Kelley Councilwoman Dwight Kunz Carl Warren & Company P.O. Box 25180 Santa Ana CA 92799 -5180 Dear Mr. Kunz: Robert A. Brady Enclosed for your handling is a claim received on December 14, City Manager 2005 from Curtis Graham, Rutter Hobb & Davidoff on behalf of Anthony and Monica Fairchild (CL #2005 -42). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 262. Sincer ly, FREDERI Y, CITY CLERK CITY OF LA ELSINORE Enclosure cc: City Manager Finance 130 eSoutf, ewlain ISLEEt, -fakE CLs�no¢E, �og 92530 aLpfizone (951) 674 -3124 (951) 674 -2392 RUTTER HOBBS DAVIDOFF INC -0RPORATED L A W Y E R S December 6, 2005 BY OVERNrM EXPRESS Frederick Ray, City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 D f�� 40, CITY CLERKS OFFICE . File No.: 5258.003 CITY CLERKS QFF�CE Re: Claim AjZainst the City of Lake Elsinore Dear Mr. Ray: E -Mail Address: cgraham @rutterhobbs.com We represent claimants Anthony and Monica Fairchild. Enclosed is their Claim against the City which pertains to the certain real property located at 202 East Franklin Street, Lake Elsinore, California. We are scheduled to have a meeting with David Mann of the City Attorney's Office and City staff members on December 8, 2005. Although we are confident that we will be able to resolve all issues regarding this matter at that time, we are filing this Claim out of caution. Please call me if you have any questions or comments about the Claim. Also, please let me know how this matter will proceed. I look forward to hearing from you. -� CAG: vcj Enclosure cc: Mr. Anthony Fairchild (w /enclosure) 1901 Avenue of the Stars Suite 1700 Los Angeles, California 90067 -6018 Office 310 286 -1700 Fax 310 286 -1728 {5258.001- 00260873.DOC- Q} AGENOCA fT'E'._V, OF - ha o tea/ CLAIM AGAINST THE CITY OF LAKE ELSINOXtE (For Dam�gts to Persons or Pusonai'FioPcztY) Received by: City RePresentatitve (Tc /Date Received} A claim. must be filed with the City Clerk of the City of Lake Elsinore, within sbc (6) months after the incident m event ocamre& Be me your claim. is against the City of Lake Elsinore, not another public entity. Where space .is Wit. . please use additional paper and identify mformatiev by paragrapb number Completed claims must be mated or delivered to the City Clerk. , City of },eke Elsinore; 130 South Main. Street; Lake Elsinore, California; 92530: TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE E.LSTNO.RE, CALIFORNIA: no undersigned rally submits the following claim and information relative to damage to persons and/or personal pmpaty= . NAIL OF CLAIMAN'1 sneau 'h a Address of Claimant i3G (o {_5 E1'JfLe )( C..j X17— r b. Above No. % c. Date of Birth( `� %� �%� . d, Social Security No 565 - 3 S - L 20 Z e. Drivers Lic. No.C- Z � t n 7 2.' Name, post office address and telephone to which claimant desires notices to be seat, if other thaw the above: 190 1 Avenue of the Stars. Suite 1700 Los Angeles CA c/o Curtis A Graham 3. Occurrence or event from which this claim arises: Mailing of.Second Notice a Date October 27 2005 b Tune i Place.(Euact and specific location) 2Q2 East Franklin Street. Lake Elsinore. California. AM 373-022 -010 d. How and under what circumstances did .damage or injury oc=? . Specify the particular occurrence, event. act or omission you claim caused the injury or damage (use additional paper if necessary). On or about October 27, 2005, Anthony and Monica Fairchild were maed a "Second Notice - Notice to Abete Nuisance" requesting them to "effect all necessary abatement within thirty (30) days from.receiptoftWs notice or show cause why such buildings or structures should not be condemned as a nuisance or abated" The Fairchilds have shown cause why the buildings at issue should not be condemned as a nuisance. 'they have been making efforts to abate the problems with the buildings for over the past two years.. The Fairchilds have applied for permits to rchabdm to and restore the buildings. The buildings on the property, codmmonly known as - Brenneke Counts" are registered as part ofthe Historical Resources Inventory and are subject to Calif&nWs Historical Building Code. The Fairchilds have been trying to work through the City process in orderto get approval for restoring this historical property. (S2S8:oo40D7S907S_V0G Q} a -d 9Bi,8- Li6-9Z9 AGENDA ITEM NO. 3 PAGE / 0 7 OF P i t HO.J i e j Ruoyq.ud .13T t.60 SD 6P no►.1 During 2004,'W. Fairchild met with"CilyoSicials to discuss big plans to improve the Property. He was instructed. to prepare architectural plans' and to. submit them tor _approval. To that etic� he spem thousands oi' dollars at arcfiitecturai fees and submitted plans in September 2004. ' He has been waiting for the.Cky to review the plans and. i� g" comments or approval. All -Mr. Fairchild has received are generalized notices regwdi ag conditions at the property,. but he has not seceived a t+esppt4se to the ard9tiechual plaoijs he .submitted or a specific liar of changes the City would like him to make consistent with the Fratorical Building Code. The Fairchilds now face a threat by the City to condemn the Property and to tslaa the property without paying the FairchiIds. c What particular action by the City of its employees, caused the alleged damage or injury? The injury or da=p will occur if the City acts without warning to condemn the property. To the extent the City ma -ad without further notice; that .would cause.kreparable injury to @his historical and protected property. The Fairchidds, seek Wi motive relief io euJ0m the C` from a ki img any action to destroy or demolish the property pending the City's review ofthe. Fairchild's plans, If the City continues to delay or- refisse taking action to allow the. FahxW1ds- improvement plans, thatwill.r'esult in damages according to proof for mvcne condemnation. 4. Were there sny injuries at the time of this accident? If U04 state `No injuries:' Loss of use of3he Uperty fair rparket valm wasted emmues for rehabilitating prOPOM txachan Brice of i3 - 5.. Give the Name(i) of the City cmployee(s) causing the :damage or injury. j bra Qh map. Building Bt Safety Code Enforcement Manager 6. Name and address of any person injured: . No RMlicablo 7. Name and address of the owner of any damaged property amdLem anti Monica Eaimbild 8. Damages ck4medr a. Amount claimed as of this date $1.800.000 a}us according to proof b Estimated amount of future of future costs S c. Total amount claimed S d: Basis for computation of amoemts claimed (include copies of all bills, invoices, estimates, inn): C. Plaintiff seeks injuitctive and declaratory relief - 9. Names and addresses of all witnesses, hospitals, doctors, etc: a. Denzil Lee b. W amd Mrs. FairchtRa � � n �L!/! c4t (/VAS f &V I A-1 G14 ^6 ? /7q( a 10. Any additional information that might be helpful in considering this claim: 8.o04- 002s907S.D0C- o} AGENDA-ITEM NQ. PACE /Of OF E'd 9.8•b8 -LT6 -929 pT iyo.aieA Ruoy '4ud R61:60 So 6Z now January 31, 2006 TO: The City of Lake Elsinore ATTENTION: Frederick Ray, .Risk Manager RE: Claim Claimant D/Event Rec'd Y /Office Our File RECEIVED FEB 0 6 2006 CITY CLERKS OFFICE Stroup vs. The City of Lake Elsinore Stephen Stroup 8/17/2005 12/21/2005 S- 1400322 -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 Ric d D. Marque cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 The City Drive - Ste 400 •Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 Est. 140 • (800) 572 -6900 • Fax: (714) 740 -9412 VC04DA ITElts �._ U GOVERNMENTAL ENTITY PRELIMINARY REPORT TO: Carl Warren & Company DATE: 2/7/06 770 Placentia Avenue CLAIMANT: Stephen Stroup Placentia, CA 92870 FILE NO: 1400322 -CKQ D/EVENT: 8/17/05 FILING DATE: 12/21/05 SIX MOS.: Yes PRINCIPAL /CITY: CJPIA /City of Lake Elsinore. RECOMMENDED ACTION ON CLAIM: Reject claim. FACTS: Claimant alleges excessive force used by Riverside County Sheriff. POSSIBLE CO- DEFENDANTS: Riverside County Sheriff. EVALUATION: Appears city non - involvement. RESERVES TYPE OF CLAIM AMOUNT 1. $1,500.00 LBI $225K COMMENT/WORK TO BE COMPLETED: Obtain copy of contract between city and county for policing powers. Tender claim to county and advise attorney of same. Very Truly Yours, CARL WARREN & CO. efc_'&� Chris Kustra cc: Frederick Ray, The City of Lake Elsinore cc: CJPIA - Attention: Executive Director CARL WARREN & CO. r-r An Employee -Owned Company CLAIMS MANAGEMENT . CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180, Santa Ana, CA 92799 -5180 Phone: (714)572 -5200 • (800)572 -6900 • Fax: (714)961 -8131 ACEND,A ITEM, I',10. PACE. /,vO �LL O E&02 ' -fake, O'lE „ City 'l �ot c ozE Robert E. Magee Mayor J Robert Schiffner anuary 23, 2006 Mayor Pro Tern Thomas Buckley Dwight Kunz Councilman Carl Warren & Company Daryl Hickman P.O. Box 25180 Councilman Santa Ana CA 92799 -5180 Genie Kelley Councilwoman Dear Mr. Kunz: Robert A. Brad City Manager y Enclosed for your handling is a claim received on December 21, 2005 from Pacific Law Center on behalf of Stephen Stroup (CL 42005 -43). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 262. Sincerely, Z REDERIC , CITY CLERK CITY OF LAKE ELSINORE Enclosure cc: City Manager Finance 130 S- outf =M- ttEEt, lake Gfsfnoze, i2e7{ 9p2/530 / 9E[e�ifone (951 674 -3124 '7ax (951) 674 -2392 U7"TW.1UE-EL1 in O2 E.02[) ``0 ,'woe All-, CLAIM AGAIN9T THE CITY OF LAKE ELSINORE (For Damages to Persons- or Personal Property) Received by: C* Repmnative D DEC CLERKS OFFICE (Time/Date Received). A claim must be filed with the City Clark of the City of Lake Elsinore, within six (6) months after the incident ore event occurred. 'Be sum your claim is agaimst the City of Lake Elsinore, not another public entity. Where space is inspffititnt pleaw use additional paper and identify information by paragraph -number Completed claims must be mailed or delivered to the City Clark City of Lake Elsinore, 130- South Main Street Lake Elsinom California, 92330. TO THE HONORABLE MAYOR AM CM COUNCIL, MY OF LAKE ELSINOM CALIFORNIA: The undersigned respectfully submits the laim and inffirmation relative to damage to .9 persona and/or personal property: I. NAME OF CLAIMANT_—,STEP/4,tr,,V a. Address of Claimantf;29,;)3 MEADoLk)/-Ad<)W.,SAA3 443VZ3 b. Phone No. N, C. Dateof-Birth ?-15-4to d. Social Security No. 76-30-80al e. Drivers Lic. No. 2. Name, post office address and telephone to which claimant desires notices to be sent, if other than the above: t'c- t,4k) (!ZAI VZZ5 61yed,11-11bIr -rkvle CA 9ZO37 3. Occurrence, or event from which this claim arises: & Date b. Time PIAW (FXW and WwYklocation)-D.E ' AV D- RW_ LA/ eiv U61 AA d. How and under what circumstances did damage, or injury 0cme Specify the particular occurrence, mat, act or omission you claim caused the injury or damage (use additional paper if necessary). jd/As -7p Ott Jheg.,fig` IZA a. What particular action by the City of its employees, caused the alleged damage or injury? EV C6:xS/,VF 1WQ II/V 6�66 -IA-1S7 TYE 11S�.zPF. IJAUF AGENDA ITU4 NO. PAGE 4. Were there any injuries at the time of this acc, dent? If not, state "IVo injuries". ' �r, ar, A-eA-nw ra i 5. Give the name(s) of the.City employee(s) causing the damage or injuryr l� rri 290 Avo *is 6. Name and address of arty person injured: 7. Name and address of the owner of any damaged property: -Aw. �ers6)F' ?7`, -/4--� . Z1z3 8. Damages . claimed: a. Amount claimed as of this date b. Estimated amount offitture costs C. Total amount claimed —��- d. Basis for corn . v potation of amounts claimed {Include copies of alI ills, invoices, estimates, etc}: l L 1►,ID�o A�lD .i l� e? G /Rin�,��✓� lc/As ?'i rrt6 � -S A is /"IV 9. Names and addresses ofalI witnesses, hospitals, doctors, etc: Q 10. Any additional information that might be helpful in.consideting this claim: WARNING: IT LS A CRUM NAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 72/Insurwce.Code 556.1) I have road the matters and statements made in the above claim and I know the same to be true of my own knowledge, except as to those matters state upon information or belief as to such matters, I believe the same to be true. I certify under penalty of perjury that the foregoing is TRUE AND CORRECT. J SIGNED TIES % � DAY OF B�• �C/ pG�S�AT L � `%> j(L' CALIFORNIA. CLAum"rS SIGNATURE: AGENDA ITEM NO. PAGE IgOF 0 January 31, 2006 TO: The City of Lake Elsinore ATTENTION: Frederick Ray, Risk Manager RE: Claim Claimant D/Event Rec'd Y /Office Our File RECEIVED FEB 0 6 2006 CITY CLERKS OFFICE Asadullah vs. The City of Lake Elsinore Mohammad Asadullah 12/30/2005 1/10/2006 S- 1400323 -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 cc: CJPIA w /enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 The City Drive - Ste 400 •Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799 -5180 Phone: (714) 740 -7999 Ext. 140 • (800) 572 -6900 • Fax: (714) 740 -9412 AGENDA E i ry.. PAGk__/ RECEIVED FEB 13 2006 CITY CLERKS OFFICE GOVERNMENTAL ENTITY PRELIMINARY REPORT TO: Carl Warr e Company DATE: 2/7/06 770 PI entia Avenue CLAIMANT: Mohammad Asadullah PI entia, CA 92870 FILE NO: 1400323 -CKQ D/EVENT: 12/30/05 FILING DATE: 1/10/06 SIX MOS.: Yes PRINCIPAL /CITY: CJPIA/City of Lake Elsinore. RECOMMENDED ACTION ON CLAIM: Reject claim. FACTS: A rock on the freeway allegedly damaged the claimant's windshield. POSSIBLE CO- DEFENDANTS: State of California. EVALUATION: The city has no liability. RESERVES TYPE OF CLAIM AMOUNT 1.$165.00 LPD $165.00 COMMENT/WORK TO BE COMPLETED: Advise claimant that the city does not control the I -15 Freeway or the rock that struck his vehicle. Very Truly Yours, CARL WARREN & CO Ob- Chris Kustra " c: Frederick Ray, The City of Lake Elsinore cc: CJPIA - Attention: Executive Director CARL WARREN & CO. An Empfoyee- OwnedCompany CLAIMS MANAGEMENT . CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870 -6832 Mail: P.O. Box 25180, Santa Ana, CA 92799 -5180 Phone: (714)572 -5200 - (800)572 -6900 • Fax: (714)961 -8131 AGENDA ITEM NG.___?2_ PAGE / /(O OF `.d+' Robert E. Magee Mayor Robert Schiffner Mayor Pro Tem C'I'A of -fakF, EfllnOTE January 23, 2006 Thomas Buckley Dwight Kunz Councilman Carl Warren & Company Daryl Hickman P.O. Box 25180 Councilman Santa. Ana CA 92799 -5180 Genie Kelley Councilwoman Dear Mr. Kunz: Robert A_ Brady Enclosed for your handling is a claim received on January 10, 2006 City Manager from Mohammad Asadullah (CL #2006 -1). Please keep me advised of appropriate City Council Action. For further assistance, please contact me at (951) 674 -3124 ext. 262. Sincerely, FREDERIC Y, CITY CLERK CITY OF LAKE ELSINORE Enclosure cc: City Manager Finance 130 eSoutfz 1aA'e E sinotE, L7c::7q 92/530 / 9E &Pf'onE (951) 6g7�4-- 3124 7a�x {(951 ) 674 -2392 �t U7U7W.Lah E-£L 1Cn0'L E.02✓ 4►ENDA ITEM -No F)AGE li _70v f (I - CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal- Property) Received by: City Representative JAN 1 0 100 B Y• (Time/Date Received) A claim must be. filed with the City Clerk of the City of lake Elsinore, within six (6) nionths after thc' 3i tcident ore event occurred.. Be sure your claim is against the City of Lake Elsinore, not another public entity. Where spate is insufficient, please use additional paper.and identify'informationby paragnmbe Comp mdydbrdlvered to td tt the City Clerk, City of Lake Elsinore, IX South lviaitt Street, Lake Elsinore, California, 92530. TO THE 1I0N. ORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSMrDlir£, CAi:IFOBNZA: The undersigned respectfully submns the following claim and information relative to damage to. persons antl/or'personal property: L. NAME OF CLAIMANT As?str>uL(_,�{'14 a. Address of Claimant X02 : StflDLzt e DC-,F,- NM CA 012S32 b. Phone io. (BSI} . Y-7-1 2915 C. Date of Erirth 0 - // - �9 r.r►' d. Social Security No. 6/.9 -74 23gZ4 e. ,Drivers Lic No,...'. Z44Z107 3. ?Name,_post office address and telephone to which claimant desires notices to be sent, if. other than the above: 24 HRs 3. Occurrence or event from which this claim-'arises: a. Date 12 010 c. Place (Exact and specific location) C�->u d. How .and under what circumstances did damage or injury occur? Specify- the.-particular occurrence, event, actor omission you claim caused the injury or damage (use a dditional.paperifnecessary). OJA6 OAt C&N) TF-;R Lam?( --rJ 5� 0AjVG 7 k4i E �R.t� <Hv.a A sov�vD L/,t-E� sT s5VL+� n nny t4td ATlD AFTT TI T THE CRA'e,re Pe E�cA Z, F-, Blcearc 8! e. 'What particular action by the City of its employees, caused the alleged damage or injury? �TorR,� � Senir.�T�-sNg ex1 4 Were there any injuries at the time of this accident? If not, state "No.injuries ". 3. Give the name(s) of the City employee(s) causing the damage or.injury: 6. Name and address ofany person injured: 7. Name and address of the owner of any.dam'aged property: 8. Damages claimed: . ©o a. Amount claimed at of this date S .: .165: `- b. Estimated amount of future costs $ C. Total amount claimed. S, 77777 7' d. Basis for computation of amounts` claimed (Include copies ofall bills, invoices; estimates,: etc): 9. Names and addresses of all witnesses, hospitals, doctors, etc: b. C. 10. Any additional information that might be helpful in considering this bait: Yov � rs�ttiJ T M .To. _ T sfoc�?� ToT�ity� ��es tj WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! (Penal code 72/Insurance Code 356.1) I have read the matters and statementstnade in the above claim and I know the same to be true ofmy own knowledge, except as to those matters state upon information of belief as to such matters, l believe the same to be true. I certify under penalty of perjure that the foregoing is TRUE AND CORRECT. SIGNED THIS IDAY OF ,r, ,20 _ AT CALIFORNIA. CLAINIANT' SIGNATURE AGENDA I`1`E &I Ivot.- PACE� �r; _ � ) 0 i :ST PRICE AUTO `,,, �,qS 11883 Magnolia Ave 1170 Riverside CA 92505 Phone 951-785-9955 Open Monday- Saturday 5.30 am to 5.00 pm 1946 Lowest Prices Guaranteed New or Used Auto Glass ' Car Trucks Same Day Services * Free Mobile Services Invoice Date: Part Name: Phone #: Address: City: ity: 42 Zip: Year. v Make: f L:Z Model: 0 Cash ❑ Credit Card ❑ Checks. 91 ATM City f Descri PJA Price Glass Labor Kit Molding Deductable Tax % Sub Total "Non Refundable" Deposit Balance Pksaaa make checks Payable to Lowest Price Auto Glass I "Three months warranty on labor" Authorized By - ------ 0 ZW-2 11%0* CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 289 2006 SUBJECT: KORN MEMORIAL SCHOLARSHIP PROGRAM CHANGES BACKGROUND The City of Lake Elsinore became the trustee for the Adolph Korn Estate in 1972. The original court judgment stated that the money was for the purpose of building a nurses' home for the proposed hospital in Lake Elsinore. Until that time, all interest earnings from the estate would be used as a scholarship fund for training and educating residents of Lake Elsinore. In 1998, the City Council approved a change from 2 yearly scholarships of $500 each to 4 yearly scholarships of $1,000 each. DISCUSSION The City of Lake Elsinore has added another High School to it's two existing Schools. Staff recommends that the new High School be included in the current Scholarship Program. Staff also recommends the current program of 4 scholarships at $1,000 each be changed to 6 scholarships at $700 each. The Endowment Trust Fund currently has a balance of $21,846.94 in interest earnings. With the suggested changes these funds would last through 2010. FISCAL IMPACT There is no fiscal impact on the City, all funding for this program is through the Endowment Trust Fund set up for this Scholarship. RECOMMENDATION It is recommended that the Mayor and City Council approve the program revisions as described above and authorize staff to proceed by contacting the Lake Elsinore Unified School District, Elsinore High School, Temescal High School and Lakeside High School. AGES D4 non No. `A PAOE REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 PREPARED BY: REVIEWED BY: KIM D. MAG FINANCE MANAGER DIRECTOR OF APPROVED FOR f AGENDA BY: / AGER' S OFFI AGENDA PAGE CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 289 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, r 1994 and was authorized by the City Council through Resolution No. 94 -23. DISCUSSION The attached Legal Services Agreement will supercede the previous agreement 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. FISCAL IMPACT The total annual cost of the services will be charged directly to the CFD in which the delinquency occurs and will vary based on the hours of services needed. The hourly rates are listed in the rate schedule attached to the agreement. AGENDA REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 RECOMMENDATION It is recommended that the City Council authorize the City Manger to execute the Legal Services Agreement with the Law Offices of Robert A. Owen. PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF ADMINISTRATIVE SERVICES AGENDA ITEM NO., 5- r.Wr PAGE_--,P-_OF� Imo-, LEGAL SERVICES AGREEMENT This legal services agreement ( "Agreement ") is entered effective on the _ day of January, 2006, by and between the City of Lake Elsinore, a California municipal corporation ( "Client") and Law Offices of Robert A. Owen, a California professional corporation ("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 supercede 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 any 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. 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 Robert Owen is $200, for Carol Fogleman $175 per hour and for all paralegals is $80 per hour, as further specified in the Rate Schedule attached hereto and incorporated herein. In the event these rates ever change during the engagement under this Agreement, Attorney shall 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, Attorney will bill, and Client agrees to pay, for out -of- pocket expenses and other charges, at cost. Any volume discounts earned by Attorney shall 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 call 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 billings be sent directly to Client or that advances be provided, e.g. Sheriff fees. AGENDA ITEM N0. `- PAGE OF--Zl-- 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 shall 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 the 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 of these fees and costs regardless of their inclusion in any judgment. Any fees and costs collected in any such action will be immediately reimbursed to Client upon receipt. 7. ERRORS AND OMISSIONS INSURANCE. Attorney shall maintain, in full 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 $1 Million per claim or occurrence. Upon demand by Client, Attorney shall present, to the satisfaction of Client, evidence of such insurance. In addition, Attorney shall 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 ""e 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 will 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. 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. 2 AGENDA ITEM NO. PAGE _-� _OF // 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 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 Robert A. Owen By: Robert A. Owen, Esq. President UWe 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 By: Lake Elsinore, California 92530 Robert A. Brady City Manager F : \WordProcessing\FORECLOS\Agree ts\ 2000_ Agreet 's\LakeEkinore.2006.Agrtu.wpd /"... 3 AGENDA ITEM N0. S PAGE S OF� 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. Robert Owen $200/Hour Carol Fogleman $175/Hour Paralegal Services $80/Hour C. Standard Charges. 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. $0.25 /page $0.34 /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 The rates on this schedule are subject to change on thirty (30) days written notice. If Client declines to pay any increased rates, Attorney will have the right to withdraw as Client's counsel. 4 AGENDA ITE10 PAGE 6 pF /� ,i^ [Date] [Name] [Address] [City), [State] [Zip Code] Via Certified Mail Return Receipt Requested 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 & 904A, 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 268 West Hospitality Lane, Suite 302, San Bernardino, CA 92408 x (909) 890 -9027 , Fax: (909) 890 -9037 AGENDA ITEM NO. S PAGE_? OF / / [Name] [Date] Page 2 *..i 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. 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 of the 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 268 West Hospitality Lane, Suite 302, San Bernardino, CA 92408 x (909) 890 -9027 x Fax: (909) 890 -9037 *.r/ AGENDA ITEM Nu. Is— PACE_ 1? DF__L_ [Name] [Date] Page 3 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 long 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 propert y. 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 268 West Hospitality Lane, Suite 302, San Bernardino, CA 92408v (909) 890 -9027 x Fax: (909) 890 -9037 AGENDA ITEM NO _ _ _ `S PAGE 9 OF _Z Z, [Name] [Date] Page 4 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 right 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 charges am I responsible for? IVAMW 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 268 West Hospitality Lane, Suite 302, San Bernardino, CA 92408 , (909) 890 -9027 x Fax: (909) 890 -9037 AGENDA ftiri i-W- PAGE /O OF // [Name] [Date] �— Page 5 r-- 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, Yqu must pay the delinquent propgrt_y 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 properly. 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 ROBERT A. OWEN Carol J. Fogleman, Esq. CJF:dr cc: Matt Pressey, Director of Administrative Services 268 West Hospitality Lane, Suite 302, San Bernardino, CA 92408v (909) 890 -9027 x Fax: (909) 890 -9037 AGENDA ITLM m.'. 5— PAM Z_OF // CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: AMENDED AGREEMENT FOR THE AXIAL FLOW PUMP DESTRATIFICATION SYSTEM BACKGROUND The axial flow pump destratification system became operational in July 2004. At that time the Lake- elevation was very low (1,234'MSL). Subsequent monitoring by the University of Riverside showed inefficient mixing of the water column, caused by short- circuiting of the flow. Upon evaluation of the flow monitoring data, the LESJWA TAC, Aeration Consultant (Dr. Arlo Fast) and CH2M -Hill engineering firm recommended the installation of four prototype Draft Tubes on one docking station. The intended benefits of the Draft Tubes included reducing recirculation by increasing the distance between the intake & outflow, reduced turbulence between adjacent axial flow pumps, entrainment of higher temperature & oxygenated water from the surface and reduced short- circuiting by providing horizontally directed effluent flow. Installation of the prototype Draft Tubes occurred on December 12 & 13, 2006. Subsequent monitoring by UC- Riverside showed a dramatic increase in the mixing efficiency and far field distribution of flows. Based on this data, the Technical Advisory Committee recommended the installation of Draft Tubes on all twenty axial flow pumps. DISCUSSION On February 16'', 2006 the Lake Elsinore /San Jacinto Watersheds Authority (LESJWA) Board approved an amended project agreement with the City of Lake Elsinore for the fabrication and installation of twenty Draft Tubes for the Axial Flow Pump Destratification System. Please see attached LESJWA BOARD MEMORANDUM NO. 484 for more detail. AGENDA ITEM N0. PAGE I _OF_ O _ REPORT TO CITY COUNCIL FEBRUARY 28, 2006 �► PAGE # 2 FISCAL IMPACT The estimated budget to fabricate and install twenty Draft Tubes is $149,000. The City has $82,882 remaining under the existing contract with LESJWA; therefore the total amount reimbursable to the City from LESJWA for this project will be increased proportionately from $1,289,250 to $1,355,368. RECOMMENDATION Staff recommends the City Council approve the attached "Third Amended Agreement to Design, Fabricate and Install an Axial Flow Pump Destratification System for Lake Elsinore ". PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department APPROVED FOR AGENDA BY: 141-,A11A� CITY ANAGER'S OFFI AGENDA ITEM NO PAGE_ a OF ,- Lwn LESJWA BOARD MEMORANDUM NO. 484 DATE: February 16, 2006 SUBJECT: Lake Elsinore Destratification System TO: Board of Directors RECOMMENDATION Staff recommends that the Board of Directors approve an amendment to the Second Amended Agreement to Design, Fabricate and ' Install an Axial Flow Pump Destratification System for Lake Elsinore with the City of Lake Elsinore (from $1,289,250 to $1,355,368) for an additional amount not-to-exceed $66,118 and to amend Task Order 4.1 with the SWRCB for Proposition 13 funding (from $2,307,320 to $2,369,579) for an additional amount not -to- exceed $62,259. BACKGROUND Minor modifications were proposed to enhance the performance of the Destratification System. Since water with high dissolved oxygen levels is at the surface to about one meter deep, it is proposed to modify the intake of the pumps with "boxed baffles" to pull water only from the top one meter of surface water. This modification would include wrapping the bottom part of the modular units ' in a plastic material so only surface water is pulled into the pumps. In addition, "scoop deflectors" are proposed for the bottom of the modular units to enhance the movement of water a greater horizontal distance away from the floating docking stations and along the lake bottom. On December 13, 2005, four boxed baffles and deflectors were installed on four axial flow pump modular units. The axial flow pumps with the boxed baffles and deflectors were installed on one of the five docking stations. Dr. Michael Anderson of UC Riverside was able to collect data and monitor the performance of the pumps. Performance Monitoring Dr. Anderson conducted a series of ADCP measurements around docking station 1 following retrofitting with the boxed baffles and deflectors. High velocities of 20 cm/s or greater were present in front of each pump deflector at about the 20 meter interval. Velocities slowed to about 12 cm/s at about the 30 meter interval, and at the 60 meter interval there were velocities near 10 cm/s present in the flow path. This contrasts greatly with ADCP surveys conducted prior to the retrofit where high velocities were found immediately adjacent to the flow pumps, but lacking only 20 meters from the docking station. Comparing the results before the modifications to the results after the modifications, the active mixing area is calculated to have increased more than 600 %. Although measurements were not made at distances greater than about 60 meters from the pumps, it seems quite likely that the active mixing zone extended out well past that distance, to 100 meters or more. If so, the mixing efficiency would increase by 25 times. The real impact to lake mixing efficiency will not be measured until the lake starts to warm up and stratify, usually in late spring early summer. Cost Estimate The estimated cost to retrofit all 20 axial flow pumps plus two spare boxed baffles and four spare �-- scoop deflectors is $149,000 (including the four prototypes installed on Docking Station 1). This cost amounts to about $30,000 per docking station for an estimated efficiency increase of 25 times. 35 of 70 AGENDA ITEM N0._�- PACE OF I There is $82,8-82 remaining in the contract with the City of Lake Elsinore for the Destratification System Project. Therefore, an increase in the contract amount of $66,118 is necessary to complete the modifications. There is $86,741 remaining in the fimding contract (Task Order 4) with the SWRCB for the Destratification System Project. Therefore, an additional $62,589 in Proposition 13 Rinds is necessary to complete the modifications. Recommended Changes At the January 23, 2006 Technical Advisory Committee meeting (TAC), Dr. Anderson was present to discuss the results of the four axial flow pump modifications. Based on the TAC discussion and the performance results, the TAC agreed to recommend to the LESJWA Board an amendment to the City of Lake Elsinore's contract to complete the modifications to the remaining four docking stations. The proposed amendment includes the following changes: • Extend the contract period until March 31, 2007 to allow for the completion of the modifications and to coincide with the SWRCB Master Services Agreement; • Add to the scope of work, the design, fabrication and installation of 20 boxed baffles and scoop deflectors with two spare boxed baffles and four spare scoop deflectors; and • Increase the contract amount for the additional cost for the design, fabrication and installation of the boxed baffles and scoop deflectors. A copy of the amended contract with the City of Lake Elsinore and the SWRCB is attached for your review. BUDGET HAPACT *,,rr Sufficient funds are available in the $9,490,635 Funding Contract with the SWRCB. The commitment of $62,259 in Proposition 13 funding would reduce the remaining funds from LESJWA's Proposition 13 to $1,367,000. Report prepared by: Mark R. Norton, P.E. Authority Administrator -"01 36 of 70 (tj AGENDA ITEM N0. PAGE__�____0FJ-a_ r- • • F .wam THIRD SEGO NWAMENDED AGREEMENT AGREEMENT TO DESIGN, FABRICATE AND INSTALL AN AXIAL FLOW PUMP DESTRATIFICATION SYSTEM FOR LAKE ELSINORE THIS AGREEMENT is made and effective this 16le day of Februa yDeeember-, 20063, by and between the LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY ( "LESJWA') and the CITY OF LAKE ELSINORE ( "CITY "). The LESJWA and the CITY are sometime collectively referred to as the "PARTIES ". RECITALS A. LESJWA was formed for the purpose of implementing projects and programs to rehabilitate and improve the San Jacinto and Lake Elsinore Watersheds and the water quality of Lake Elsinore. B. The CITY is a Member Agency of LESJWA. The CITY owns and operates Lake Elsinore. C. As the result of several studies independently conducted by the CITY and LESJWA, the PARTIES have found and determined that the water quality in Lake Elsinore will be substantially improved by the movement of Lake water by means of an axial flow water pump system that would destratify Lake water. Such a pump system would reduce fish kills and algal densities in Lake Elsinore by: 1. Reducing internal phosphorus loading from Lake bottom sediments; 2. Preventing lengthy periods of thermal and chemical stratification; and 3. Increasing dissolved oxygen in Lake bottom waters. Conceptually, the system is commonly known as the "Axial Flow Water Pump Destratification System for Lake Elsinore" (hereinafter referred to as the " Destratification System "). The cost components and budget for the Destratification System are set forth in Exhibit A attached hereto and incorporated herein. D. LESJWA and the CITY have further found and determined that, once operational, the Destratification System is expected to avoid substantial adverse environmental and aesthetic impacts that result from harmful algal blooms and resultant fish kills which, in turn, hurt the economy of the region and severely impacts tourism. For these reasons, the CITY and LESJWA have agreed to jointly implement the Destratification System project by means of this Agreement. By separate agreement the PARTIES intend to provide for the operation and maintenance of the Destratification System once it is installed pursuant to this Agreement. 37 of 70 AGENDA ITEM N0. PAGE - OFD, O _ NOW, THEREFORE, in consideration of the facts recited above, and the covenants, conditions and promises contained herein, the PARTIES mutually agree as follows: AGREEMENT 1. The CITY's Obligations. Subject to all of the provisions of this Agreement and Exhibit A, the CITY agrees: a. Provision of Services: To provide, or cause to be provided, all labor, tools, equipment, vehicles, materials, supplies and qualified personnel necessary to design, fabricate and install the Destratification System. More specifically, the CITY shall: i. Design Floating Platforms and Anchoring Systems: The CITY shall obtain the services of a licensed Civil Engineer with extensive marine engineering experience (the "Marine Engineer") to produce detailed designs and specifications of the floating platforms and anchoring systems for the Destratification System based upon the general specifications of LESJWA's consultant, Dr. Arlo Fast and the U.S. Army Corps of Engineers (the Punnett Report dated 1991) for the following components of the Destratification System: Modular floating platform for the mounting of a single axial flow pump; � • Boxed baffles and scoop deflectors for the modular floating platforms • Floating docking station for attachment of five modular axial flow plump platforms; Anchoring system for docking stations; • Anchoring system for submarine power cables; • Safety navigational markings for daytime /nighttime mooring of the docking stations. ii. Design of Electrical System: The CITY shall obtain the services of a licensed Electrical Engineer to produce detailed designs and specifications for all electrical power requirements to operate twenty 3 horsepower axial flow pumps. The design and specifications shall include the following components: Electrical main power service and land -based electrical panel; Armored submarine cable connecting the main power service to "me the five docking stations; and 38 of 7>7 AGENDA ITEM NO. � PACE—_1.___,0F_. -LC _. Electrical panel on each docking station with associated controls for each individual axial flow pump. iii. Construction/Fabrication of Floating Platforms: The CITY shall construct/fabricate or procure twenty -two modular floating platforms and five docking stations in accordance with the specifications of the Marine Engineer. iii a Construction/Fabrication of Boxed Bathes and Scoop D_ eflectors• The CITY shall construct/fabricate or procure twenty -two boxed baffles and twenty -four scoop deflectors in accordance with the specifications of the desien engineer. iv. Electrical Service, hardware and Connections: The CITY shall provide a site for the land -based electrical panel and shall obtain electrical power service from the local utility, procure electrical hardware and contract with a qualified electrician to make all electrical connections to supply power to the Destratification System in accordance with the specifications of the Electrical Engineer. V. Installation of Power Cable and Docking Stations: The CITY shall obtain the services of a qualified Marine Constructor to install the armored i' submarine cable with anchoring system and five docking stations with anchoring system in accordance with the specifications of the Marine Engineer. v.a Installation of Boxed Baffles and Scoop Deflectors: The CITY shall install the Boxed Baffles and Scoop Deflectors on the 20 modular floating platforms in accordance with the specifications of the design engineer. vi. Signage and Navigational Markings: The CITY shall provide all appropriate regulatory signage and navigational markings for the Destratification System. vii. Specialized Equipment and Tool Purchase: The CITY shall purchase specialized equipment and tools necessary to operate and maintain the Destratification System. viii. Final Installation and Testing: The CITY shall be responsible for the final installation and testing of the Destratification System. Testing shall include the following measurements: • Amperage drawn by each axial flow pump; • Revolutions per minute (RPM) of each axial flow pump drive shaft. 39 of AGENDA ITEM NO. PAGE i OF i 0 ,.O'' ix. Project Management: The CITY shall provide all staffing required to manage the project, including all aspects of the design, fabrication and installation of the Destratification System. b. Title to the Destratification System: The CITY shall be the sole owner of the Destratification System. 2. LESJWA's Obligations; Purchase of Pumps and Armored Submarine Power Cable. Subject to all of the provisions of this Agreement and Exhibit A, LESJWA shall purchase the pumps for the Destratification Projecf, which pumps shall generally conform to the specifications of Dr. Fast and the Punnett Report, and shall cause them to be delivered to the CITY at a time and place designated by the CITY, except that LESJWA shall cause to be delivered one axial flow pump to the CITY as soon as possible for the purpose of expediting fabrication of the modular axial flow pump platforms. LESJWA shall notify the CITY if there is any change in the delivery date of the axial flow pump. LESJWA shall purchase the armored submarine power cable to connect the land -based electrical panel to the five docking stations, which cable shall generally conform to the specifications of the Electrical Engineer retained by the CITY. 3. Reimbursement to the CITY. Upon completion of the obligations described in paragraph I above, LESJWA shall reimburse the CITY in an amount not to exceed $1,355.368 i- 259,58; provided, however, that the amount of reimbursement may be adjusted upon such terms and conditions as the PARTIES mutually agree upon. 4. Term of Agreement. The CITY anticipates that all work will be completed by December 31.2006Ame 44, 2003 but in no event later than the completion date specified in LESJWA's Task Order No. 4, Axial Flow Water Pump Destratification System for Lake Elsinore, to the State Water Resources Control Board; provided, however, that the term may be extended beyond the date of termination upon such terms and conditions as the PARTIES may mutually agree upon. 5. Reports. The CITY shall provide to LESJWA periodic written or oral reports regarding the status of the CITY's performance hereunder as may be reasonably requested by LESJWA. 6. Books and Records. The CITY shall maintain, and retain for a period of not less than four years following termination of this Agreement, full and accurate books and accounts in accordance with the practices established by or consistent with those utilized by the Controller of the State of California for Public Agencies. Such books and accounts shall be maintained by the CITY as public records. 7. Safety and Indemnification. The CITY shall be solely and completely responsible for the safety of all persons and property relative to the design, fabrication and installation of the Destratification System. This responsibility shall be continuous and not be limited to normal working hours. The CITY agrees to fully indemnify LESJWA against, and hold it and its officers, employees and agents completely free and harmless from any costs, expense, claim, demand, judgment, loss, injury and/or liability of any kind or nature, including personal injury, death or 40 of 70 AGENDA ITEM PAGE___ ._OF _ property damage, asserted or otherwise, whether in contract or tort, that may arise from, directly or indirectly, or be occasioned by, or be in any way connected with, the Crl Y's performance, and/or failure to perform, under this Agreement, or any negligent act or omission of the CITY, its employees, agents and/or contractors and/or subcontractors. 8. Inspection. The CITY shall permit inspection of the progress of the work authorized hereunder by representatives of LESJWA. 9. Independent Contractor. The CITY shall perform the services required hereunder in the CITY's own way as an independent contractor, and not as an employee of, or joint venturer with, LESJWA. The CITY may, at its sole cost and expense, employ such competent and qualified professionals, consultants, contractors and subcontractors as the CITY deems necessary. 10. Assignment. This Agreement shall not be assigned or otherwise transferred by the CITY without the prior written consent of LESJWA. 11. Amendment. This Agreement may be amended in writing by mutual agreement of the PARTIES. 12. Arbitration.. Any dispute which may arise by and between the PARTIES to this r— Agreement shall be submitted to binding arbitration. Arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc., or its successor, or any other neutral, impartial arbitration service that the PARTIES mutually agree upon in accordance with its rules in effect at the time of the commencement of the arbitration proceeding, and as set forth in this Paragraph. The arbitrator chosen must decide each and every dispute in accordance with the laws of the State of California, and all other applicable laws. The arbitrator's decision and award are subject to judicial review by a Superior Court of competent venue and jurisdiction, only for material errors of fact or law. Upon a showing of good cause, the arbitrator may permit limited discovery in the arbitration proceeding. Unless the PARTIES enter into a written stipulation to the contrary, prior to the appointment of the arbitrator, all disputes shall first be submitted to non - binding mediation, conducted by the Judicial Arbitration and Mediation Services, Inc., or its successor, or any other neutral, impartial mediation service that the PARTIES mutually agree upon in accordance with its rules for such mediation. 13. Non - Discrimination: During the performance of this Agreement, CITY shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. CITY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. CITY shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12290 et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 et seq., set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CITY shall give written notice of their obligations under this clause 41 of 70 AGENDA ITEM N0. PAGE__._OF_LL, to labor organizations with which they have a collective bargaining or other agreement CITY shall include the non - discrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract IN WITNESS WHEREOF, the PARTIES have executed this Agreement to be effective as of the day and year first above written. Dated: LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY EA Phil Williams Preside, Board of Directors CITY OF LAKE ELSINORE LM Mayor ,%Noe ..I` 42 of AGENDA ITEM N0. --�._ PAGE / D OF /O CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: BID AWARD - FABRICATION OF DRAFT TUBES BACKGROUND In January 2006, the Lake Department prepared bid documents and the City Clerk published a notice inviting bids for the fabrication of HDPE Draft Tubes. On February 2, 2006 the City Clerk held a bid opening for this project. The City received one bid proposal from GSE Lining Technology, Inc., in the amount of $59,214. This is the same company that performed an excellent job on the prototype Draft Tubes. Staff utilized this bid proposal to prepare a budget to amend an existing agreement between the City and Lake Elsinore /San Jacinto Watersheds Authority to design, fabricate and install the axial flow pump destratification system for Lake Elsinore. DISCUSSION On February 16`h, 2006 the Lake Elsinore /San Jacinto Watersheds Authority (LESJWA) Board approved an amended project agreement with the City of Lake Elsinore for the fabrication and installation of twenty Draft Tubes for the Axial Flow Pump Destratification System. If the City Council approves the amended agreement with LESJWA this evening, then a bid award for the fabrication of the Draft Tubes may proceed. FISCAL IMPACT 11� The cost of fabricating the HDPE Draft Tubes for the remaining axial flow pumps is AGENDA ITEM N0. -I PAGE__ __ / OF REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE # 2 $59,214 plus California Sales Tax in the amount of $4,589.09, for a total sum of $63,803.09. This project is reimbursable to the City under the terms of an agreement with the Lake Elsinore /San Jacinto Watersheds Authority (LESJWA). RECOMMENDATION Staff recommends awarding Project No. 4228 -DT for the fabrication of HDPE Draft Tubes to GSE Lining Technology, Inc., in the amount of $63,803.09. PREPARED BY: Pat Kilroy, Director of Lake and Aquatic Resources Department APPROVED FOR AGENDA BY: CITY r GER'S O AGENDA ITEM NO. PAGE � OF �� ..r •.d N"90 The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other persons or persons bidding on the work. The under-sigzed bidder_ understands that the City Council reserves the right to accept or reject any 6rall, irop� sxp t® u My waive formality or technicality in any proposal in the interest of the City. Respectfully submitted, Date: Telephone Numb r: Z 8 l ` 2 3 0" 8(a i Legal Name of Firm Signature of Representative AGENDA ITEM N0. PAGE Z OF 0 .-. C) �o C/l N � M W � W N [� U w N Q W AGENDA ITEM NO. PAGE L� OF City of Lake Elsinore Lake and Aquatic Resources Department NOTICE INVITING BIDS FOR PROJECT NO. 4228-DT HDPE DRAFT TUBES PUBLIC NOTICE IS HEREBY GIVEN that the City of Lake Elsinore will receive sealed bids up to 2:00 p.m. on Thursday, the 2nd day of February, 2006, in the office of the City Clerk, at which time said bids will be publicly opened and read. The office of the City Clerk is located at 130 South Main Street, Lake Elsinore, CA 92530. Sealed bids must arrive in the City Clerk's office prior to the scheduled bid opening. Each bid shall be made on the Proposal Form furnished in the Bid Packet.and enclosed in an envelope supplied by the bidder. The outside of the bidder's envelope shall bear the bidder's name, address, title of the work ( "HDPE DRAFT TUBES ") and marked: "SEALED BID, DO NOT OPEN UNTIL 2:00 P.M., February 2,2006". It is the sole responsibility of the bidder to ensure that the bid is received in proper time in the City Clerk's Office at the address and time hereinabove set forth. Any bid received after the scheduled closing time for receipt of bids shall be returned to the bidder unopened. The Project consists of the fabrication of specified goods by the City of Lake Elsinore and referred to as: HDPE DRAFT TUBES The Project includes the fabrication of sixteen High Density Polyethylene (HDPE) Draft Tubes constructed in accordance with the Plans and Specifications on file in the Office of the Clerk of the City, and said Plans and Specifications are by reference made part of this Notice. The Draft Tube is made of 80 -mil HDPE plastic and consists of two (2) pieces. The top piece is a "rectangular boxed baffle" with the inside dimensions (I.D.) of 7'3 "W x 8'3 "L x 8'H and is open at both ends. The bottom piece is a three -sided "scoop deflector ", with two side panels and one bottom (curved) panel. There are two different dimensions for the scoop deflector(s); one has a radius of 7'3 -3/4" and the other 8'3 -3/4 ". Plans and Specifications may be examined at the front desk of the Building Division of the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California. The Plans, Specifications and all Contract Documents may be obtained at the front desk of the Building Division of the City of Lake Elsinore for a non - refundable charge of fifteen dollars ($15.00) plus an additional fee of five dollars ($5.00) for postage and handling if mailing is requested. The City of Lake Elsinore 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 thirty (30) days after they are opened and may be retained by the City for examination and comparison. Date: , 2006 Frederick Ray �- City Clerk of the City of Lake Elsinore Publish: 72006 AGENDA ITEM NO. PAGE 6 OF_ — ___ TO: FROM: DATE: SUBJECT: BACKGROUND CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER FEBRUARY 28, 2006 CONTRACT RENEWAL — EXECUTIVE EVENT SERVICES The Lake Elsinore Diamond Stadium opened for the first time in May of 1994. Since the first baseball game was played, Executive Event Services has been the security provider for the facility accompanying the Storm from its then Palm Springs facility. DISCUSSION The City and Storm have utilized the professional services of Executive Event Services for all security related functions at the stadium which include crowd control, parking lot security, traffic control, special events, Diamond Club rentals and general supervision. Security services at the Diamond Stadium were to be re -bid for this upcoming season. With the purchase/lease of the facility advertised, staff did not move forward as initial indications were that the facility would not be under the control of the City at the start of the season. With negotiations still pending, the City will need to provide security services for the fast approaching baseball season. The attached agreement provides for a one year term, but can be terminated earlier by either parry upon 30 days' written notice. an, rp. T REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 FISCAL IMPACT Executive Event Services will hold its cost per game fee at the continued rate of the 2005 season. Baseball related costs will not exceed $36,000. RECOMMENDATION It is staff's recommendation that the Mayor and City Council approve the contract for security services at the Lake Elsinore Diamond Stadium with Executive Event Services. PREPARED BY: APPROVED FOR AGENDA BY: w . SAPP, D AGER'S OFFI COMMUNITY SERVICES ..i AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is made and entered into as of the 15th day of March, 2006, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Executive Event Services, Inc. a private patrol operator ( "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 security services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. The Consultant shall furnish the following services in a professional manner: ,— Provide security services inside stadium structure to include seating area, concourse, rest rooms, Diamond Club, and field (when required). Security personnel to arrive one hour prior to game time start and to remain one hour following completion of each game. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of one year. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit "A ", which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $36,000 for regular baseball season games without additional authorization from the City. 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. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 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 ProfServAgmt.4014.000 Page 1 F 03/05/01 AG ...e. 6. , 1 ;" 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 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 Propert y. 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 ti./' ProfServAgmt.4014.000 Page 2 yy yy 03/05/0 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. 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. ProfServAgmt.4014.000 Page 3 AGEIN,D [f Cpl /Rgi tea:!°! 4 ` FA__�,�__ _� 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 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. Consultant shall maintain a City of business license. 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 ,%NO,_ ProlServAgmt.4014.000 Page 4 AGENDA ITEM fi % /o1 PAUZ -:_ 1 ®F i a �^ 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, 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. 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. 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. iii. 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. ProtServAgmt.4014.000 Page 5 � -- P.!' 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 *400,: notice has been received by the City. 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 financial 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 Attn: David W. Sapp 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: 17. Entire Agreement. This statement of Agreement between the communications, including correspond( superseded in total by this Agreement. Executive Event Services, Inc. P.O. Box 18302 Anaheim Hills, CA 92817 -8302 Agreement constitutes the complete and exclusive City and Consultant. All prior written and oral ,nce, drafts, memoranda, and representations, are 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 ProfServAgmt.4014.000 Page 6 AGENDA 3 01 the part of the City to pay or 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. 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 shall the costs of mediation equally. It 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. 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 ProfServAgmt.4014.000 Page 7 AGENDA ITPWM. � PA:Z_�_0F.. 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 Emnloyment. 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. 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 have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: Utz APPROVED AS TO FORM: Title: Business License # ATTEST: City Attorney City Clerk ProfServAgmt.4014.000 Page 8 4GE-N A I i E M-Pol r Pp c -.L- �cF r EXHIBIT "A" SCHEDULE OF CHARGES Security Cost For Regular Season Game Monday, Tuesday, Wednesday Games One Supervisor @ 6 -hrs. @ $17/hour $ 102 Three security guards @ 6 -hrs. ea. @ $15/hour 270 Two Gate Guards @ 1 -hr. ea. @ $15/hour 30 Cost per game $ 402 Thursday, Friday, Saturday, Sunday games One Supervisor @ 6 -hrs. @ $17/hour $ 102 Five security guards @ 6 -hrs. ea. @ $15/hour 450 Two Gate Guards @ 1 -hr. ea. @ $15/hour 30 Cost per game $ 582 Twenty -five (28) Monday, Tuesday, Wednesday Games @ $402 $11,256 Forty -two (42) Thursday, Friday, Saturday, Sunday Games @ $582 24,444 Total regular season games $35,700 NOTE Exhibition, pre - season, and post- season games to be agreed upon by City and Consultant prior to each game. ProfServAgmt.4014.000 Page 9 NI NO. b EXHIBIT "B" 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 15th day of March, 2006 at Lake Elsinore, California. Consultant '.I' ProtServAgmt.4014.000 EXHIBIT `B" —Page I ACV= l� �°f'0• r March 15, 2006 Overnight Mail Mr. Nick Mahan Executive Event Series Re: Ouestiorr Concerning Agreement for Professional Services ,,- Dear Mr_ Mahan: DAVID H_ MAIM da „d�jCi QA -con. I ain writing in response to your request for clarification of Section 14 of the Agreement for Professional Services with the City of Lake Elsinore. By way of introduction, our firm serves as City Attorney for the City of Lake Elsinore. As we understand the issue, your firm is concenied that the indemnity provision may expose you to liability for claims made by a third party concerning an alleged failure to provide adequate security personnel at the Stadium. We do not interpret Section 14 to encompass that level of indemnification_ Of particular importance to our interpretation is that the level of personnel providing security is set by the City_ We hope that we have clarified your concerns_ If you have any questions or additional concerns, please call me. Very truly yours, VAN BLARCOM, LEIBOLD, McCLBNDON & MANN, P.C. By: David H. Mann cc: Barbara Zeid Leibold, City Attorney Dave Sapp, Din of Community Services Ar,CPiDA ITENI 0- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 289 2006 SUBJECT: SALE OF REMNANT PROPERTY — APN 363 - 200 -001 BACKGROUND In the early 1990's, the City acquired a 3.27 acre site along Railroad Canyon Road approximately one -half mile southwest of the intersection at Cottonwood Hills Road (the "Property "). The acquisition was necessitated by the realignment of Railroad Canyon Road. Following the realignment, the Property was transected by Railroad Canyon Road. DISCUSSION Pardee Homes has made a request to purchase the Property (subject to the Railroad Canyon right -of -way) as part of its Canyon Hills development. Because Railroad Canyon cuts through the middle of the Property, there are two unused remnant pieces on each side of the road. An appraisal was commissioned and concluded that only 0.63 acres of the entire 3.27 acre site are usable. This usable portion is surrounded by property owned by Pardee Homes. The remaining acreage is either utilized for Railroad Canyon Road or otherwise zoned as open space. Based on this analysis, the appraiser concluded that the Property had little value to anyone other than the adjacent property owner, Pardee Homes, and determined the valueto be $31,500. Pardee has agreed to purchase the Property for the appraised price of $31,500. Pardee will also pay all closing costs, if any. Pardee has agreed to accept the Property in "as is" condition and subject to the existing right of way so as to preserve and protect the public's beneficial use of Railroad Canyon Road. Additionally, the Planning Commission has determined that the transfer of the Property �- is consistent with the City's General Plan pursuant to Section 65402 of the Government Code. AG C IN PAS z REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 FISCAL IMPACT The City will receive $31,500 upon the closing. RECOMMENDATIONS City Staff recommends that the City Council take the following actions: 1. Accept the report of the Planning Commission that the transfer of the Property is consistent with the General Phn. 2. Find that the interest in the Property to be conveyed is not necessary for any public use and that the proposedconveyance is for the common benefit 3. Authorize the City Manager to execute a letter agreement substantially in the form of the attached letter formalizing the sale of the Property. '"ae 4. Authorize the Mayor to execute the grant deed substantially n the form of the attachment and such other ancillary documents as may be necessary to transfer title of ..rr the Property to Pardee. PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA LISTING: MANAGER'S OFFICE le__ [Letter Agreement] [insert Seller information] This letter is to set forth the terms and conditions for the transfer of City of Lake Elsinore ( "City ") property commonly known as Assessor's Parcel No. 363 - 200- 001(the "Property ") to Pardee Homes ( "Buyer "). 1. Purchase Price. $31,500. 2. Delivery of Grant Deed. Upon delivery of the Purchase Price to City by March 31, 2006, City shall execute and deliver the attached Grant Deed and Reservation of Easement ( "Grant Deed ") to Buyer. Buyer shall be responsible for all fees related to the recordation of the Grant Deed. 3. "As -Is" Purchase. Buyer acknowledges and agrees that Buyer is expressly purchasing the Property in its existing physical conditions and legal title, "AS IS, WHERE IS, AND WITH ALL FAULTS" with respect to any circumstances, conditions, physical defects, easements, encumbrances or title exceptions. Buyer acknowledges that City has made no representations or warranties whatsoever in connection with the Property. Buyer further acknowledges that it has declined to inspect the Property. Additionally, City is not in any manner responsible to Buyer for the presence of any. hazardous materials at, on, in, under or r. relating to the Property, if any, and that the obligation to make investigation for the existence of hazardous materials in, on, under or about the Property was Buyer's sole responsibility. 4. Indemnification. Buyer hereby agrees to indemnify, defend and hold City harmless from and against any claims, damages, demands, liabilities, losses, judgments, expenses and attorneys' fees and/or costs resulting from the transfer of the Property as provided herein. City Manager Signature Block PARDEE'S CONSENT: Buyer hereby acknowledges receipt of this letter and consents to the terms and conditions set forth herein. am Name: Its: Dated: Purchase Sale Agt- Pardee 013006.doc AGENDA IT: ``M, 'O' q PACE 3 F 7 RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: Pardee Homes, a California corporation 20 Executive Park, Suite 55 Irvine, CA 92614 (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) (EXEMPT FROM RECORDING FEE PER GOV. CODE §6103) GRANT DEED WITH RESERVATION OF EASEMENT 1. GRANT. FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the CITY OF LAKE ELSINORE, a California municipal corporation ( "Grantor "), hereby grants to the PARDEE HOMES, a California corporation " Grantee"), that certain real property located in the City of Lake Elsinore, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit A and incorporated herein by this reference (the "Property "), subject to the reservation of easement as described herein and such other previously recorded easements, liens and covenants as may exist. 2. RESERVATION OF EASEMENT. Grantor hereby reserves, for itself, its successors and assigns, the easement over and across the Property for a public right -of -way 14&01 commonly known as Railroad Canyon Road. Grantee shall not erect any fences, gates or other obstructions over said easement that would in any way impede the general public to use this easement for pedestrian, cycling or vehicular access and passage. [Signature page follows] 1/26/06 4000.2 AGOMA (i EZ - H &O: #129467 v RAGE_-9-Pt- A-,-, IN WITNESS WHEREOF, Grantor has executed this Grant Deed on this day of , 2006 /I,— ATTEST: City Clerk APPROVED AS TO FORM: Van Blarcom, Leibold, McClendon & Mann, P.C. Barbara Zeid Leibold, City Attorney 1/26/06 4000.2 H &O: #29467 v "GRANTOR" CITY OF LAKE ELSINORE, a California municipal corporation : Robert E. Magee, Mayor "GRANTEE" PARDEE HOMES, a California corporation am James A. Stringer, Director of Community Development /a 9 2 Exhibit A LEGAL DESCRIPTION OF PROPERTY Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: All that portion of the West -half of Section 11, Township 6 South, Range 4 West, San Bernardino Base and Meridian, as shown by United States Government Survey, particularly described as follows: Beginning at a point on the Southerly boundary of a County road as conveyed to the County of Riverside by Deed recorded May 24, 1949 in Book 1078, page 585 of Official Records of Riverside County, California, from which point the Northwest corner of said Section 11 bears North 53' 59" East, a distance of 4249.40 feet; Thence along said Southerly boundary line on an 1130 foot radius curve left, (the long chord of which bears South 84° 12' East, 265.30 feet) a distance of 265.90 feet; Thence South 25° 20'30" West, 586.82 feet; Thence North 66° 39'30" West, 250.00 feet; Thence North 25° 20'30" East, 498.08 feet to the point of beginning; EXCEPTING therefrom an easement in favor of the public over any portion thereof included in public roads. SUBJECT TO: 1. Taxes for the fiscal year 1949 -50. 2. Rights of Way, Reservations and Restrictions of record. APN: 363 - 200 -001 u 1/26/06 4000.2 H &O: #29467 v 3 AGENDA ITT %+ NO. STATE OF CALIFORNIA ss. COUNTY OF On ' before me, , a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. [SEAL] STATE OF CALIFORNIA ss. COUNTY OF Signature of Notary Public On , before me, , a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) (is /are) subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same in (his/her /their) authorized capacit(- y / -ies), and that by (his/her /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 10-1 [SEAL] 1/26/06 4000.2 H &O: #29467 v I Signature of Notary Public CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 289 2006 SUBJECT: REQUEST FOR NO PARKING ON CANYON ESTATES DRIVE BETWEEN SUMMERHILL DRIVE AND FRANKLIN STREET BACKGROUND �- Staff has received numerous complaints regarding the public nuisance of parked vehicles on the subject street. Generally, the complaints are relative to noise impacts. DISCUSSION Input from neighborhood concerns indicates that from time - to-time vehicles park on both sides of Canyon Estates Drive near Summerhill Drive. The presence of these vehicles restricts the travel way, and sight distance, thereby creating a nuisance by disturbing the peace and quiet for the neighborhood. The subject street is constructed to secondary arterial street standards. There are no fronting structures and the need for neighborhood parking amenities is not justified. Further, there is adequate parking available for the neighborhood if no parking zones are established in this area of nuisance. The Lake Elsinore Municipal Code (LEMC) permits the City Council to approve "No Parking Zones" by Resolution. A resolution has been prepared for Council consideration of the above "No Parking Zones ". AGENDA ITEM NQ. I Q PAGE I QF -5- REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 FISCAL IMPACT The fiscal impact is approximately $500 for installation of `no parking' signs. RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution No. 2006 - z`/ prohibiting parking onboth sides of Canyon Estates Drive from Summerhill Drive to Franklin Street. PREPARED BY: Ken A. Seumalo, City Engineer` 5 APPROVED FOR AGENDA BY: 'S OFFI ATTACHMENTS: 1. Vicinity Map 2. City Council Resolution No. 2006 - AGENDA ITEM N0. � O RAGE 2 OF 'S- ...r VICINITY MAP NO PARKING CANYON ESTATES DRIVE SUMMERHILL DRIVE TO FRANKLIN STREET ATTACHMENT A CITY COUNCIL FEBRUARY 28, 2006 AGENDA ITEM PAGE 3 RESOLUTION NO.200k� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS WHEREAS, Section 10.40.010, of the Lake Elsinore Municipal Code provides for the establishment of No Parking Zones on certain streets by resolution of the City Council; and WHEREAS, Canyon Estates Drive is a collector street; and WHEREAS, Cars parked along Canyon Estates Drive near the intersection of Summerhill Drive reduce the size of usable travel lanes, and WHEREAS, Vehicles park on Canyon Estates near Boulder Vista Drive, and WHEREAS, Vehicles exiting Saddle Ridge Drive and Boulder Vista Drive onto Canyon Estates Drive have limited lines -of -sight when vehicles park close to the intersections, and WHEREAS, The line -of -sight when limited causes an unsafe condition, and WHEREAS, it is necessary to restore the lines -of -sight for safety purposes, and WHEREAS, it has been determined that the designation of No Parking zones are necessary for traffic safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Establish certain "No Parking Zones" on Easterly side of Canyon Estates Drive from the BCR at Summerhill Drive to the BCR at Franklin Street. SECTION 2. Establish certain "No Parking Zones" on Westerly side of Canyon Estates Drive from the BCR at Summerhill Drive to the BCR at Franklin Street. AGENDA ITEM DLO. 10 PAGE 4 QF S CITY COUNCIL RESOLUTION NO. 200_- Page 2 of 2 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this day of , 200_, by the following vote: 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 Robert E. Magee, Mayor. City of Lake Elsinore AGENDA ITEM fit®. 10 PAGE _S QF S CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: PROFESSIONAL SERVICES CONTRACTS FOR BUILDING INSPECTORS AND PLANS EXAMINERS BACKGROUND In order to maintain a high level of service to the citizens and developers within the City of Lake Elsinore, the Building Division has at times found it necessary to supplement staff with contract personnel. The previously approved contracts for professional services have reached their three (3) year limit and have expired. During the process of approving and permitting a project the structural plans and calculations are plan checked to insure compliance with current Building Code requirements. The Building & Safety Division has traditionally contracted out for the majority of these plan check services due to time constraints and limited staff expertise. Recently due to the vacancy of one permanent Building Inspector position open and the continued increase in permit and inspection activity the Building Division has had to supplement with contract inspectors to keep up with the development activity. DISCUSSION There are several "professional services consultants" that supply Building Department personnel and services for the Southwest Riverside area. The fees associated with the personnel services varies with each "professional services consultants" and is dependent upon the expertise of the individual and the type of service provided. Based on supply and demand, City utilizes the services of more than one (1) "professional services consultant" in order to find qualified personnel. Agenda Item No. l Page I of REPORT TO CITY COUNCIL FEBRUARY 28, 2006 Page 2 of 2 FISCAL IMPACT There will be little or no fiscal impact to the City. The use of contract Building Inspectors requires additional funding; however this cost is offset by the increased revenues generated from permit fees. Fees associated with the plan check process are collected in advance from the applicant. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to sign new professional service contracts with Scott Fazekas & Associates, Harris & Associates, Willdan, and JAS Pacific Inc. in order to provide contract personnel and plan check services for the City as needed. Robin K. Chipman, Building & Safety /Code APPROVED FOR AGENDA LISTING BY: R9WA. Brady, City ATTACHMENTS 1. Proposals for Building Department personnel and services from: ■ Scott Fazekas & Associates; and ■ Harris & Associates; and ■ Willdan; and ■ JAS Pacific Inc. Agenda Item No. i Page X of .5,5" AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement ") is made and entered into as of the day of , 2006, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and ( "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 one (1) year. 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 $ without additional authorization from the City. 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. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services '1 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 City4s 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 & • 001 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. *.NO, PACE L OF le— 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 b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 1$700(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), to the extent arising out or resulting from Consultant's negligent acts, errors or omissions or other wrongful conduct in its 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, ten (10) days notice if cancellation is due to nonpayment of premium. 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, 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. 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 one million dollars ($1,000,000) 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 BestAs rating of no less than A:VII and shall be endorsed with r— the following specific language: i- 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. iii. 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. 5 AGENDA i "YLAet NO-Ji- PACE OF `5. � --- vi. The insurance provided by this Policy shall not be canceled except after thirty (3 0) days written notice, ten (10) days notice if cancellation is due to nonpayment of premium has been mailed to the City. 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 financial 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 Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Scott Fazekas & Associates, Inc. 9 Corporate Park, Suite 200 Irvine, CA 92606 -5173 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 pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. `0011 6 AGENDA ii i=.w. �Y.._.. -.�- PAGE� OF� �. 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. 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. 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. 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. 7 Ago 55 PACE.].— OF.�— 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. 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 have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT: PAGc —OF Attachments: Exhibit A - Scope of Services �—, Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers•Compensation Insurance Exhibit D - List of Subcontractors 11—. k��.. �V L1 ('j 1 �.'.:6 R� mf• cu .mcu� �_xcvev� PAGE.LL.... OF EXHIBIT "A" SCOPE OF SERVICES PAGE._ OF 55 NOV.14.2005 10 :46AM SCOTT FAZEKAS & ASSO NO. 653 P. 2 NFA%cett N's wckax S .A- ,"4RC1nter -, NBC- Building Safety for Government oftb schea%AIL a� Char e.s September 9, 2005 Mr. Robin Chipman Building Official City of rake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Subject: Inspector Fee proposal Dear Mr. Chipman: SFA is responding to your request for a fee to provide hourly building inspector services. Based on the City's nee=($70.00) al hours for inspection services, SFA proposes as hourly rate of seventy ur based on availability of personnel. l hope this brief letter is responsivfree to contact me if you have any questions or require further information. Sincerely, Ott ' Faz as President 9 Corporate Park, Suite 200, Irvine, CA 92606 - 5173.949 1475-2901 • FAX 949 / 475 -2560 An Equal Opportunity Employer t AGENDA ITEM NO.- ` PAGE ^3 OF �--- 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 day of , 200_ at California. Consultant PAGE >i 0E-5�5 EXHIBIT "D" LIST OF SUBCONTRACTORS [INSERT] AGENDA ITEM NO. -A- PAGE OF 55 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement ") is made and entered into as of the day of , 2006, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and ( "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 one (1) year. 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 $ without additional authorization from the City. 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. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services .100, C QAGE. �0 - OF,s.l 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 Citys use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensinp, 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. AGENDA II E4M NO. PAGE C1=� 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, `we 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 PAGE 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), to the extent arising out or resulting from Consultant's negligent acts, errors or omissions or other wrongful conduct in its 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, ten (10) days notice if cancellation is due to nonpayment of premium. 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 t� C PAGE OF � -- 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 Agreement or the general aggregate limit shall be at least twice the 1"01 required occurrence 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 one million dollars ($1,000,000) 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 Bests 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. iii. 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. r.rr 5 -�: , "�o. _I t A "' i tfn �yi 'c' ESfF PAGE,,2 — ®�� vi. The insurance provided by this Policy shall not be canceled except after thirty �-• (30) days written notice, ten (10) days notice if cancellation is due to nonpayment of premium has been mailed to the City. 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 financial 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 Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Harris & Associates Attn: Jeffrey M. Cooper, PE 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 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 6 ACjCNDA i Liv its any subcontractor nor shall it create any obligation on the part of the City to pay or 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. 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 parry 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. 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. 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. PAu .ova or �.. 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. 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 have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: ATTEST: ,^ City Clerk APPROVED AS TO FORM: City Attorney .1^ CONSULTANT: By: Jeffrey M. Cooper, PE Title: Sr. Vice President PAGES _ OF ��Jc Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C — Schedule of Hourly Rates 14=0 CwJ AGENDA ITEM NO.- ) ;..._, WAGE_. 7 OF -5J '#�- EXHIBIT "A" SCOPE OF SERVICES for CITY OF LAKE ELSINORE Harris & Associates shall perform the following tasks: I. DEFINITIONS As used in this Agreement, the following definitions shall be applicable: 1. Harris. Consultant shall mean Harris & Associates, located at 34 Executive Park, Suite 150, Irvine, CA 92614 -4705. 2. Client. Client shall mean the City of Lake Elsinore, a municipal corporation, located at 130 South Main Street, Lake Elsinore, CA 92530. 3. City Council. City Council shall mean the City Council of the City of Lake Elsinore. 4. Services. Services shall mean the services to be performed by Harris pursuant to this Agreement. 5. Satisfactory. Satisfactory shall mean satisfactory to the City Manager of the City of Lake Elsinore or his /her designee. II. PLAN CHECK SERVICES 1. Description of Services. CONSULTANT shall provide the following services: a. Shall provide plan check related to the residential and nonresidential buildings and development within the City of Lake Elsinore for compliance with applicable State and local codes. b. Shall be available for information and consultation to City personnel and the public. AGENDA ITEM NO. I PAGE! OF55 EXHIBIT "B" FEE FOR PROFESSIONAL SERVICES CITY OF LAKE ELSINORE COST OF SERVICES Harris & Associates can help the business cycles of a changing workload by providing consultant services in the following options: Option 1: Charge a fixed fee of the City collected plan check fees, thereby allowing the Government jurisdiction to augment staffing needs and still maintain revenue for processing and maintaining log. Option 2: Offer third -party plan check where the City applicants perform direct plan check services agreement with Harris as an approved consultant. No administration of contract by the City is required and no allocation of general fund is required under this option. Harris will perform on -call third -party contracts with applicant on a case -by -case basis. Under the fixed -fee option, Harris & Associates will charge a percentage of the feel collected by the City as outlined by the 1997 UBC Table 1 -A and Section 107.3 of the 97 UBC. Change orders and shop drawings review are handled on an hourly fee structure, a provided herewith. Projects valued under $50,000 shall be done on an hourly fee structure, as provided herewith. Percent of Fee Collected by the Jurisdiction N%Mol AGENDA t T Ekli NO. —, PAGE OF 55 I,-- EXHIBIT "C" Harris & Associates SCHEDULE OF HOURLY RATES: Hourly Fees EXHIBIT "D" LIST OF SUBCONTRACTORS None AGENDA ITEM NO. PAGE A OF `5S AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement ") is made and entered into as of the 28 day of February, 2006, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Willdan ( "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 one (1) year. 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 $ without additional authorization from the City. 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. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not r 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 AGENDA ITEM NO, . PAGE OF =55._— 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. ...r AGENDA ITEM NO. ' PAGE OF ,,.. 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 r� 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 AGENDA l7two ... i i PAOE„. 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. Indemnily. 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), to the extent arising out or resulting from Consultant's negligent acts, errors or omissions or other wrongful conduct in its-performance of this Agreement or its failure to comply ,"W, 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, ten (10) days notice if cancellation is due to nonpayment of premium. 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 V AGENDA ITEM NO. A r PAGE OF 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 Agreement or the general aggregate limit shall be at least twice the required occurrence 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 one million dollars ($1,000,000) 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 BestAs rating of no less than ANII 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. iii. 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. AGENDA ITEM WO. 11 .,.. 3 PAGE . .. �. OF vi. The insurance provided by this Policy shall not be canceled except after thirty (30) days written notice, ten (10) days notice if cancellation is due to nonpayment of premium has been mailed to the City. 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 financial 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 Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Willdan 2401 E. Katella Avenue, Suite 300 Anaheim, CA 92806 -6073 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 pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. `I'' AGENDA ITEM ,NCO. � (- PAGE._ OF 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. 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. 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. 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. AGENDA ITUi P +o. PAGE � OF _ 28. Equal Opportunily 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. 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 have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT: ACIENDA ITEM NO. „ I I. PAGE OF WILLDAN Schedule of Hourly Rates July 1, 2005 Principal Engineer . ........... .:....... $165.00 .............................. Division Manager ....................... ............................... 155.00 CityEngineer ............................ ............................... 155.00 Project Manager ........................ ............................... 155.00 Supervising Engineer ................ ............................... 140.00 Senior Engineer ... ............................ .........................125.00 Utility Coordinator ...... :.............................................. Senior Design Manager .............. ............................... 125.00 Design Manager ........................ ............................... 115.00 Associate Engineer .......................... .........................115:00 / 95.00 Senior Designer ......................... ............................... 110.00 Senior Design Engineer II ......... ............................... 110.00 Senior Design Engineer I .......... ............................... 105.00 DesignerII ........................................ ......................... 100.00 DesignerI .................................. ............................... 95.00 Design Engineer II ..................... ............................... 100.00 Design Engineer 1 ............................... .........................95.00 SeniorDrafter .............................. ....... ......................... 90.00 Drafter11 ...................................... ............................... 80.00 Drafter1 ....... ...................... . ............................... 75.00 Technical Aide ............................. ............................... 65.00 Division Manager ....................... ............................... 155.00 Project Manager ........................ ............................... 155.00 Senior Construction Manager .... ............................... 135.00 Construction Manager ............... ............................... 125.00 Assistant Construction Manager .............................. 105.00 Utility Coordinator ...... :.............................................. 110.00 Supervising Public Works Observer ......................... 110.00 Senior Public Works Observer ............................ .... .:. 95.00 Public Works Observer ... ..............................* *80:00 / 95.00 Assistant Public Works Observer ................* *75.00 / 95.00 Labor Compliance Manager ...... ............................... 105.00 Labor Compliance Specialist ....... ............................... 80.00 Division Manager ....................................................... 155.00 Supervisor - Survey & Mapping . ............................... 140.00 Senior Survey Analyst ............... ............................... 110.00 Senior Calculator ....................... ............................... 105.00 Calculator11 ................................. ............................... 95.00 Calculator1 .................................. ............................... 85.00 Survey Analyst II ....................... ............................... 100.00 Survey Analyst I .......................... ............................... 85.00 Survey Party Chief .................... ............................... 100.00 . Field Party (One) ...................... ........... .............150.00 PlansExaminer ............................... .........................100.00 Field Party (Two) ....................... ............................... 200.00 Field Party (Three) .................... ............................... 250.00 Division Manager .............................. .....:...............:..155.00 Principal Landscape Architect ......... .........................130.00 Senior Landscape Architect ............. .........................110.00 Associate Landscape Architect ....... .........................100.00 Assistant Landscape Architect .......... ......................... 85.00 Division Manager .............. .................. .......................155.00 Supervising Plan Check Engineer ... .........................130.00 Building Official ........................ ............................... 130.00 Plan Check Engineer ....................... .........................120.00 Deputy Building Official ................... .........................120.00 Inspector of Record ......................... .........................120.00 100.00 Senior Plans Examiner ....... ............................... :......110.00 Supervising Building Inspector ......... ........................110.00 90.00 PlansExaminer ............................... .........................100.00 90.00 Senior Building Inspector ................. .........................100.00 70.00 Supervisor Code Enforcement .... .........................100.00 70.00 Building Inspector ......... ............................... *.*90.00 / 95.00 Supervising Construction Permit Specialist ................ 90.00 Senior Construction Permit Specialist ........................ 85.00 Senior Code Enforcement Officer . ..........................80.00 Assistant Building Inspector ........................ * *80.00 / 95.00 Code Enforcement Officer .................. ........................ 65.00 Construction Permit Specialist .... ............................... 70.00 Assistant Construction Permit Specialist ....................60.00 Plans Examiner Aide ................... ............................... 60:00 Assistant Code Enforcement Officer .......................... 55.00 Division Manager .............................. :.......................155.00 Principal Planner ............................. .........................130.00 Principal Community Development Planner ............. 130.00 Senior Planner ... ............................... ........................115.00 Senior Community Development Planner ................115.00 Associate Planner ...................................... I.............. 100.00 Associate Community Development Planner ...........100.00 Assistant Community Development Planner .............. 90.00 Assistant Planner ......................... ............................... 90.00 Planning Technician ......................... .......................... 70.00 Community Development Technician ......................... 70.00 Computer Data Entry .................................................. 50.00 Clerical........... ---- ... . ....... ........ ............................... 50.00 Word Processing ......................... ............................... 50.00 Personal Computer Time .................. ..........................15.00 "Prevailing Wage Project, Use $95.00 11-lour Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15 %). A subconsultant management fee of fifteen percent (15 %) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. AGENDA ITLtvf No. - PAQE OF AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services the "Agreement") •.o, ( gr ") is made and entered into as of the 2e day of FEBRUARY , by and between the City of take Elsinore, a municipal corporation ( "City ") and JAS PACIFIC, INC. ( "Consultant "). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. R. Consultant possesses the skill, experience, -ability, background, cea-tification 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 I . Scope of Servic es. Consultant shall perform the services descn -'bed 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 sWthat it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this eement -and shall continue for a period of one (1) year. 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 $ . without additional authorization from the City. 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 drays after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be ;Wade until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term ofthis Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be *"M/ invoiced separately from services performed in accordance with the Scope of Services AGENDA ITEIA -- --r- PAGE4= OF ..�. 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. T 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 finther 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 fir City to. copy, use, modify, reuse, or sublicense any and all copyrights, deigns, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works &authorship fixed in any tangible medium of expression, induding 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 Agreemea, 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 Docummts&- 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 AGL[iL)A I 17A Q PAGE Yu.. OF-- '5 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 shalt be trade 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 avada at Consultant's address `indicated for receipt of notices in this Agreement. d. inhere 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 ofthe 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 — onsuhant's successor -in- interest. 9. Independent Contractor. It is understood that Consultant, in the perf mm nce ofthe 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 aay ctla mitmay 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 ofthe City or of any City official, other than normal agreement monitoring; and N"10 3 AGENDA H Levi Nu. _.�.._.. -- PAGE 3 OF �i 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 C onsultani_ 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. 11 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, 11 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 shah, 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), to the extent arising out or resuitiag from Consultant's negligent acts, errors or omissions or other wrongful conduct in its performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such clam 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 ormm renewal of all Workers' Compensation policies must be received by the City at least -thirty (.30) days prior to such change, ten (10) days notice if cancellation is due, to nonpayment of premium. 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. u. 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 4 AGENDA ITEm fqu. e �! PAGE .41_ OF '. ._ general liabifity "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 Agreement or the general aggregate limit shall be at least twice the required occurrence limit_ nit: Automobile Liability Coverage. Consultant shall maintain automobileliability 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,. Wed anal. 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 one million dollars ($1,000,000 -) 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 arismi g.,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. 31iis 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 aad shall not contribute with it. m. 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. 1.% ✓ 5 AGENDA ITEM NO..,.. I PAGE OF _ vi. The insurance provided by this Policy shall not be canceled except after thirty �.. (30) days written notice, ten (10) days notice if cancellation is due to nonpayment of premium has been mailed to the City. 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 - financial 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 tunes 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 If to Consultant: Lake Elsinore, CA. .92530 JAS PACII; IC ATTN: J. ADDISON SMITH PRESIDENT 4295 JURUPA SUITE 203 ONTARIO, CA. 91761 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_ Assigzament 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 filly 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 6 AGENDA ITEM NO. PACE`- OF any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20_ V�taiver^ 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. 21. Severabdity. 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 fiill 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. IVIed3ation. The parties agree to make a good faith attempt to resolve any disputes arising taut 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") oritssuccessorininterest. 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 lhigation 25: Execution' This Agreement may be executed in several counterparts, each of'which shag 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 .wore 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_ 2T ProlWked 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 7 AGENDA ITEM NO. PAGED 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- discriminatim shall.-include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comMy with all relevant provisions of City's Mnority Business Bntegmise program, 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: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney PAGE 1.: -- 0F.._._ -5 Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D - List -of Subcontractors AGENDA ITF-j N4. PAGE O ,_1� A E)aMTT `°A7 SCOPE OF SERVICES INSPECTION SERVICES: • Review thoroughly project specifications, plans, reports and calculations prior to inspection to ensure structural and architectural -stability. • Perform and document comprehensive field inspections on assigned construction projects to determine that 211 aspects of the project work conform to applicable and adopted Building, Plumbing, Mechanical and Electrical codes, as well as zoning ordinances, energy conservation . and. ADA requirements. • Review plans for building construction, plumbing, mechanical and electrical systems. + Participate in reviews regarding related projects with technical consultants, Fire Officials, Health Officials and other influenced City and County agencies. • Prepare correction notices and notices of non - compliance during inspections and maintain a record of non= complying items and follow -up to resolutions of such items. • Record conferences with contractors, engineers, architects and manufacturers. • Utilize the City of Lake Elsinore automated permit tracking system to obtain and record pertinent job information and records. • Introduce effective ways to provide thorough documentation and reports for all investigations. • , Establish professional working relationships with all affected City Departments to streamline_ . enforcement efforts. • Ensure that the public interests for a safe environment are met. + Uphold the preservation of health, safety and welfare of the public. • Provide an ICC/ICBO certified building inspector highly trained and skilled in every aspect of the adopted model codes. + , Accommodate construction activity cycles without increasing permanent staff. • Be readily available to accommodate the overload of inspection demands in a timely manner. AGENDA i7tt NO, _j1 P -- ACEIL OF, EXHIBIT'`A2" SCOPE OF SERVICES PLAN REVIEW SERVICES - OUI SSOURCE: • Provide plan check of submitted plans and documentation to check for architectural, structural, mechanical, plumbing, electrical, accessibility and energy requirements. • Provide plan check of submitted plans and documentation to determine compliance with City adopted Model Codes, Regulations and procedures: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, : National - Electrical Code- -.Uniform Fire Code, State$uilding Code and locally adopted amendments and ordinances. • Coordinate plan reviews with other appropriate City agencies including but not limited to, to agencies having jurisdiction. for enforcement of- fire, sanitatim. healch,:water. and sewer codes and services and. City Engineer for soils for geology reports. • Systematically computer -log all plans with a computer tracking system and provide monthly status reports. • Professionally Certified Plans Examiners, Engineers and Permit Technicians shall be readily available to the applicant to maintain an open line of communication to ensure compliance. +_. Conduct regular meetings between Senior: Plan Checker and PlawCheck_'staffto ensure quality:control, • Plan Review Engineers and Certified Plans Examiners on request of the City will perform plan check on -site. +_ Attend- all meetings requiring JAS Pacific team.. • JAS Pacific shall provide a letter of transmittal and the appropriate paper documentation that theplans have been checked and corrections are needed or that the plans are complete. This shall include the final correction list indicating chat-the plans meet all-the-requirements of the City. The City of Lake Elsinore prior to use shall approve all forms and materials used by JAS Pacific • Records of Plan Check shall be maintained in our Corporate Office as well as records of telephonic and personal conversations: concerning Plans and plan check corrections. • Communication available to the City of Lake Elsinore and clients through telephone at (800) 818- 3677 and email. • Provide within 24 hours -notice, pick -up or delivery of plans: utilizing a ]AS Pacific courier:or.an overnight service to no charge to the City. AGENDA ITENO NO. l l PAGE OF. W4 SCOPE OF SERVICES TURN AROUND IMMFS- OLTiSOURCE: • Seven (7) working days for Single Family Residential and Light Commercial projects. • Ten (10) working days for Multi Family Residential and Light Commercial projects. • Twelve (12) working days for more complex Non - Residential and Commercial projects. • Five (5) days for resubmitted Residential projects. • Seven (7) Days for resubmitted non - complex Non - Residential projects. • Ten (10) working days for resubmitted Commercial projects. � • Ocher requested timetables available upon request. • Priority plan check maybe available to individual applicants on specified projects requiring a more expeditious -turnaround than time previously specified. • Professionally licensed staff of engineers to provide a comprehensive list of service capabilities • Communication available to the City and all City clients through telephone at (800) 818 -3677 and email AGENDA ITEM NO.___.i!_ PAGE OF..�i. =—.. it uA- SCOPE OF SERVICES CODE ENFORCEMEMr SERVICES • Maintain and improve the quality of life and appearance in our communities by establishing, implementing and regn6ring effective policies and .procedures • Uphold the preservation of Healch, Safety and Welfare of the _public. • Inspect properties for compliance with State Housing Law maintenance requirements, including light, venLiLation and occupancy requirements • Prepare and serve notices of violations, abatement orders, citations, corrections and stop work orders on land use regulations, housing quality, and property maintenance. Prepare reports and uses for cri minal prosecution and testify in court- • Prepare and maintain written and .photographic records. • Perform inspections to ensure compliance with conditions of planning approvals. i Inspect signagr for compliance w". conditions -if approyA from the Archirecsural 'Review- Board and Planning Department. • Ensure the municipal provisions governing existing signage; prohibited signs, temporary signs, and N./ other specific sign types, are'followed. • Maintain ,positive public contact through education regarding neighborhood preservation and improvement. -• Inspeet.-properties for approved use Aad_various condi6o as to..deterlb:iUbe if struetures'are permitted. • Identify and target blighted areas within our communities with enforcement efforts prior to them becoming a blemish in the community. • Establish effective prosecution efforts for repeat violators. • Introduce effective ways to provide thorough documentation and reports for all investigation Establish professional working relationships with all.-affected'.CCity Deparunents to streamline . enforcement efforts. AGENDA Il Ew, .-. 1 PANE. OF '� ElymIT "B" SCHEDULE OF CHARGES JAS Pacific is pleased to provide the following Fee Schedule for Building and Safety Support services for yaur review For Inspection, Enforcement and Technician overtime hours JAS Pacific shall receive - time and half. For Plan Check.projects that are evaluated at over one million ($ 1,000,000.00) dollars JAS Pacific wM provide an approved graduating scale. SUPPORT STAFF Certified Building Inspector Certified Code' Enforcement Offices Mileage while .performing inspections PLAN CHECK Oursoterting: Percentage Fee Structural and Life, Safety & Occupancy Plan Check of the collected plan. review fee Structural Only Hourly In -xouse Plan Check $ 5 3.00 per hour $5 5-00 per hour $•45 per mile Seventy Percent (70 %) Fifty Five Percent (55 %) $70.00 per hour, actual time AGENDA ITEM NO, PAGE OF EDIT "C� CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE *so. I hereby certify that in the performance of the work for which this Agreement is entered into, I -shalt -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 day of , 200 at California. _ Consultant N%M r AGENDA ITE"M PLO. ^!I_� PAGE OF if: LIST OF SUBCONTRACTORS S [INSERT']' /', AGENDA {TEhil NO. ..1! ----- PAGE OF. -5 02/16/2006 W 10:43 FAX 4002/003 CERTIFICATE OF LIABILITY INSURANCE i %is ?006 MODUC a (714) 731 -7700 FAX (714) 731 -7750 7M CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION Cornerstone Specialty Insurance Services, Inc. ONLY AND CONFERS NO THE CERTIFICATE 142S2 Culver Drive, 1299 NER- THIS CERTIFICATE DOES NOT AMEND, EXTEND or HOLDER. THIS ALTER THE COVERAGE AFFORDER PY THE BELL Irvine, CA 92604 9"MMALLIABIcm . INSURERS AFFORDING COVERAGE NAIC 6 Noun= Fidelity & Guaranty Insurance 3 A S PACIFIC, INC. mss: Continental Casualty Company 4295 7urupa Avenue, Ste. 203 c Ontario, CA 91761 WASURM M -- OAMAM TO RENTED f 300,090 MEO EW OW &O P&SM) $ 10 I+suREa E: C.MPRA&M THE POLICIES OF INSURANCE LISTED BELLOW HAVE BEEN ISSUED TO THE POURED NAMED ABOVE FOR THE POUCY POOCIO INDICATED. NO Wn)4STNAXNG ANY FtEOUNWADff. TERM OR C0NDn1ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AM CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS._ TYPE OF NISURAMM POLICY WJMKR LIMEYS EACH oc +m s 1.000 9"MMALLIABIcm . 6- 01730273 02/22/200 02/2ZnOOO X COMMWaALGEWJMUA9UW «AIM8 MADE XX OCCUR OAMAM TO RENTED f 300,090 MEO EW OW &O P&SM) $ 10 A _.._ ._. __.... POPOOPULOMNLAAW a 1000 ` L. GENERAAGWOATE S 2 0o0 G&M.A*aF4 `n! UM (r APPLIES PER' POLICY MR LOC PRODUCTa. COMPMP AGG $ 21000, AUTG ULLIABUff � OK01730273 02/x2/205 .02/22/2006 ` s s 1,000 LN 80LY pWK1RY LP- Pw% : A AM OWNIM AUTOS se"EMAEO AUT08 X FRED AUTOS X NON4WNWAUTOS BODILY INJURY {PV*0ddW* f CARAOEUASLITY AVMaNLY.FAACCK*W f S ANY AUto OTHER THMi FA ACC Au (*Wr.. AGO f LA UAS Urr X VCCUR CLAIMS MADE SK01730273 02/22/2005 02/22/2006 ffAa+occ +cE $ 1,000,000 ASWOATe - S A s OCOUCneLE s RETexIION : 11Ycon I Scompo"T10NM0 WCSIATU. OT RlIM'L4YMlS' WpLnY !NIT RIE7IEl�T1YE EL FACH ACCIDENT f y... E.L. DISEASE. EA EMPLOYE M W dt�sGlbOtrlll $ E.L. • POLICY Uwt I S S �Mssional Liability AEA114007309 08/08/2005 08/08/2005 31,000,000 Each Claim $2.000,000 Annual Aggregate $15,000 Deductible per Claim rt irate �r`�s A 4t ®`7 'e ar�C.etlera LiabEi ity ut�only if required by written contract th.the Named Insured prior to an occurrence and as per coverage form CL/BF26090903. Coverage is ubject to all policy terms and conditions. °10 days Notice of Cancellation for non- payment of-premium. r Professional Liability coverage, the aggregate limit is the total insurance available for all overed claim$ reported within the policy period. City of Lake Elsinore Attnt Mr. Robin Chipman 130 South Main Street Lake Elsinore, CA 92S30 ACORD 26 (2001106) FEB 15,2006 13:00 SHOULD ANY OF THE ASM DESCROUD POU CXS K CANCELLED OEPMR THE I;XWRATION DATE VIIEREOF, Uft "VIVO INSURER WAIL NOMMM MAR. *30 DAYS WRRTEN NOTICE TO THE CBMWICATE HOLDER NAMCD TO THS LIFT, AVT OPJM AGENDA MENI ivk-;.....�.J.l..,_ PAGE - OF � aqe tae! 02/15/2006 WED 10:43 FAI The ST. PAUL COMPANIES ENDORSEMENT FOR ARCHITECTURE AND ENGINEERING FIRMS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: 1. THE FOLLOWING IS ADDED TO THE BUSINESS OWNERS LIABILITY COVERAGE FORM: ADDITIONAL. INSURED — BY CONTRACT AGREEMENT OR PERMIT City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Item 5. of Section C. -WHO IS AN INSURED, is delsted and replaced by the fb wing: Any person or organization (named above) to whom or to which you are obligated by virtue of a written contract, agreement or permit to provide such Irmuran ce ss afliXXW by this policy is an Insured, but only with respect to habody arising out of: a. 'Your woW for that insured by you. including work or operations performed on your behalf for that insured; b. Pen pits issued by state or political subdivision for operations performed by you; or a Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreeftnt has been executed, or the permit has bean issued, prior to the "bodily Injury: " property damsge,"'gersonai injury!' or *advertising injury.' This provision does not apply to any person or organization included as an insured under Additional Insured — Vendors. This insurance Is primary and is not additional to or contributing with any other Insurance canted by or for the benefit of Additional insureds. 2. Separation of Insureds: Except with respect to the limits of Insurance, and any rights or duties spaoHically assigned in this policy to the first Named Insured, this insmnee applies, a. As if each Named Insured were the only Named Insured: and b. Separately to each insured against whom claim Is made or 'suit" is brought. 4003/003 Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated. NAMED INSURED: I JAS PACIFIC INC. POLICY NO: SK01T30273 he$[�PAU S Auth ofted Signature: mac TA-Rue ISSUED: February 15, 200E Notioe of Cancellation 1. if we cancel this policy for any reason der than non- payment of premium, we will mail written notice at least 30 days before the effective date of cancellation to the Additional Insured on file with the Company. 2. If we cancel this policy for non - payment of premium, we will mall written notice at least 10 days before the �--, effective date of cancellation to the Additional insureds on file with the Company. FEB 15,2006 13:00 AGENDA ITEM NO. I` PAGE 4 OF. 1 page 3 i- CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 289 2006 SUBJECT: AGREEMENT WITH BUREAU VERITAS (BERRYMAN & HENNIGAR TO PROVIDE ON -CALL PROFESSIONAL ENGINEERING SERVICES BACKGROUND The Engineering Division of the City of Lake Elsinore, as a part of the development services, is required to review private development projects for comments and compliance with City regulations, City Standards and the Subdivision Map Act. In order to maintain a high level of responsiveness, these services are contracted to Engineering firms that have the flexibility to provide a professional staff for a dynamic work load. DISCUSSION Bureau Veritas (Berryman & Hennigar) is an established engineering firm with the ability to provide staff for a variety of services. The City has contracted with this firm to perform: Engineering plan checking for improvement plans, grading plans and final map projects; and would like the opportunity to utilize their project review services as well. Bureau Veritas (Berryman & Hennigar) has the ability to provide these services and supplement staffing for the level of work that the Engineering Division is currently experiencing. Bureau Veritas has been providing plan check services since 1994 and has the local knowledge and experience to provide a high level of service to the Division as well as the development community. ACE�,ND; 9 E c •, 1 -: ;- % ;' PAGE _OF REPORT TO CITY COUNCIL February 28, 2006 PAGE 2 FISCAL IMPACT There is no direct financial impact to the General Fund as provided by Bureau Veritas (Berryman & Hennigar) are developer's plan check fees or development Cost Recovery depending on the service being provided. the services being either funded by System accounts RECOMMENDATION 1. Staff recommends that the City Council approve the Agreement withBureau Veritas (Berryman & Hennigar). 2. Authorize the City Manager to execute the contract. PREPARED BY: APPROVED FOR AGENDA BY: KEN A. SEUMALO, CITY ENGINEER . d � "/r/s 4A Attachment: Fee schedule of services AGENDA ITEM Piv. PAGE 2 pF ! S. 10-- EXHIBIT A Schedule of Charges — San Diego Office January 3, 2006 through December 31, 2006 Billing Title Hourly Billing Rates Sr. Associate $156 Associate $146 Sr. Engineer $139 Engineer V $134 Engineer IV $124 Engineer III $113 Engineer II $98 Engineer 1 $88 Engineering Assistant $82 Designer II $108 Designer 1 $98 Plan Checker IV $129 Plan Checker III $118 Plan Checker II $108 Plan Checker 1 $98 - u 11 R A S I: Billing Title Hourly Billing Rates Technician IV $77 Technician III $67 Technician II $57 Technician 1 $52 Senior Survey Analyst $118 Survey Analyst II $101 Survey Analyst 1 $87 Inspector $93 CADD Operator II $93 CADD Operator 1 $82 Word Processor III $86 WP II / Contracts S Ist. $68 Word Processor 1 $57 Professional Reimbursement The hourly billing rates include the cost of salaries of the B &H employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as "non- exempt' by the U.S. Department of Labor will be compensated at 1 -1/2 times salary, as per state and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus twelve percent for items such as: a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for employee -owned vehicles used in connection with the work will be at the rate of $0.50 per mile. Other in -house charges for prints, reproductions and equipment use, etc. will be at standard company rates. The foregoing Schedule of Charges Is incorporated into the agreement for the services provided, effective January 3, 2006 through December 31, 2006, and will be adjusted thereafter. CADocuments and Settings \Kseumalo \Local Settings\Temporary Internet Files \0LK7F\Billing Rates 2006 (2).doc AGENDA ITE'.vt 1\iv. PAGE ___�__OF I AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement "), dated for identification purposes only as of February 09, 2006, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Bureau Veritas, Beriman & Hennigar ( "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. 1"W 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 $150,000 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. 1 AGENDA iTEL.A N0. ` PAGE OF 1 SO 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. 2 AIGEWpA ITEM N0•...._ 1 t. PAGE_ �F—' 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 ..,e 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 �- AGENDA ITEM NO. PAGE (o 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, 4 1 �- AGENDA ITEM tiO 0� 1�^ PAGE -- 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. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities ofthe 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 ofthis 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 ANII 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. iii. 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. AGENDA ITEM NO. PAGE 9 OF (�O 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 financial 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 Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Bureau Veritas, Berryman & Henigar 11590 W. Bernardo Court, Suite 100 San Diego, CA 92127 -1624 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 pay or 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. 6 j �- AGENDA ITEM NUJ. PAGE,_' , =OF 1 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 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. 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 AGENDA ITEM N0.-----� PAGE ( 0 0 F ((,P r 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: ATTEST: City Clerk APPROVED AS TO FORM: Van Blarcom, Leibold, McClendon & Mann, P.C. Barbara Zeid Leibold, City Attorney Mayor "CONSULTANT" Dated: , 2006 By: William G Bixby Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers Compensation Insurance 8 AGENDA ITEM NO. / PAGE (i OF �� EXHIBIT "A" SCOPE OF SERVICES AGENDA iTEM Rio, PAGE i EXHIBIT `B" SCHEDULE OF CHARGES AGENDA ITEM N0. pL- PAGE I3 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 day of , 200_ at California. Consultant AGENDA ITEM N0. PAGE ( ` - OF / 6! r EXHIBIT "D" LIST OF SUBCONTRACTORS [INSERT] AGENDA ITEM No. � �-- PACELiLOF " EXHIBIT A Schedule of Charges — San D Berryman &Henigar rg sego Office January 3, 2006 through December 31, 2006 Billing Title Hourly Billing Rates Sr. Associate $156 Associate $146 Sr. Engineer $139 Engineer V $134 Engineer IV $124 Engineer III $113 Engineer II $98 Engineer 1 $88 Engineering Assistant $82 Designer II $108 Designer 1 $98 Plan Checker IV $129 Plan Checker III $118 Plan Checker II $108 Plan Checker 1 $98 Billing Title Hourly Billing Rates Technician IV $77 Technician III $67 Technician II $57 Technician 1 $52 Senior Survey Analyst $118 Survey Analyst II $101 Survey Analyst 1 $87 Inspector $93 CADD Operator II $93 CADD Operator 1 $82 Word Processor III $86 WP II / Contracts S Ist. $68 Word Processor 1 $57 Professional Reimbursement The hourly billing rates include the cost of salaries of the B &H employees, plus sick leave, vacation, holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as "non - exempt" by the U.S. Department of Labor will be compensated at 1 -1/2 times salary, as per state and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Direct Expenses Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost plus twelve percent for items such as: a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the work. b. Consultants, soils engineers, surveyors, contractors, and other outside services. c. Rented vehicles, local public transportation and taxis, travel and subsistence. d. Specific telecommunications and delivery charges. e. Special fees, insurance, permits, and licenses applicable to the work. f. Outside computer processing, computation, and proprietary programs purchased for the work. Reimbursement for employee -owned vehicles used in connection with the work will be at the rate of $0.50 per mile. Other in -house charges for prints, reproductions and equipment use, etc. will be at standard company rates. The foregoing Schedule of Charges Is incorporated into the agreement for the services provided, effective January 3, 2006 through December 31, 2006, and will be adjusted thereafter. ITEM NO. C: \Documents and Settings\Kseumalo\Local Settings \Temporary Internet Files10lK7F\Billing Rates 2flO6.doc AGENDA pAGF �_OF' /_.. CITY OF LAKE ELSINORE �— REPORT TO THE CITY COUNCIL /"` TO: MAYOR AND CITY COUNCIL FROM: ROBERT .A. BRADY, CITY MANAGER. DATE: FEBRUARY 28, 2006 SUBJECT: CONSTRUCTION CONTRACT AWARD FOR MACHADO STREET BETWEEN LINCOLN STREET AND GRAND AVENUE. BACKGROUND The Machado Street pavement rehabilitation project is included in the proposed Fiscal Year 2005/2006 Budget. The pavement rehabilitation project encompasses Machado Street between Lincoln Street and Grand Avenue. The portion of Machado Street between Lincoln Street and LeHarve Avenue falls within the City's jurisdiction and the portion between LeHarve Avenue and Grand Avenue falls within Riverside County's jurisdiction. City staff has met with Riverside County Transportation officials regarding a cooperative project, with the City acting as the lead agency. County staff have agreed. A cooperative agreement has been prepared by City staff and has been reviewed and approved by the City Attorney. The cooperative agreement has been transmitted to the Count' for the Board of Supervisor's consideration and subsequent approval. Once approved, the agreement will be brought to City Council for approval. DISCUSSION Pavement repairs on Machado Street between Riverside Drive and Lincoln Street were completed in 2004. The pavement between Lincoln Street and Grand Avenue is distressed and needs immediate attention. The City's portion of Machado Street is budgeted in current fiscal year 2005/06 in the amount of $410,000. The Engineer's estimated construction cost for this project is $830,000. On January 17, AGENDA I c, . ;:.;. 13 Pace �..,r__! 0F `� REPORT TO CITY COUNCIL FEBRUARY 09, 2006 PAGE 2 2006 at 11:00 a.m., the City receivedseven (7) bids from qualified companies to make pavement repairs on Machado Street The Staff report was delayed by concurrence with details in the project agreement with Riverside County. The bids were as follows: 1. Hardy and Harper Inc., Santa Ana 2. Hal Hays Construction, Inc, Riverside 3. R.J. Noble Company, Orange 4. Grand Pacific Contractors, Inc., Mira Loma 5. All American Asphalt, Corona 6. Vance Corporation, Rialto 7. Silvia Construction Inc., Rancho Cucamonga $980,607.90 $13,038,225.60 $1,047,461.65 $1,062,704.80 $1,114,000.00 $15,233,252.00 $2,049,823.00 The contract includes pavement repair, traffic control, asphalt recap and striping of the new pavement. Hardy and Harper Inc. is the low bidder and their experience, through confirmation by their references, adequately fits the project needs. FISCAL IMPACT The City's portion of Machado Street is included in fiscal year 2005/06 budget in the amount of $410,000. Total construction costs, including the City and County's portion is $1,169,168. These costs include engineering, construction, contingency, inspection, construction staking, soil testingand administration. The City's share Of $1,169,168 is $649,602 and County's share is $519,566. N%NW AGENDA ITEM NO.-_ PAGE Z; OF....- �-- .*--- REPORT TO CITY COUNCIL FEBRUARY 09, 2006 PAGE 3 Additional funds in the amount of $239,602 are needed to fund the City's portion of the project. After review of the available funds budgeted in fiscal year 05/06, Staff is proposing to replace the City's portion of the Machado Project (now $649,602) with Measure -A monies from the SR- 74/1 -15 Interim Project budget. In the same process, Staff is proposing to replace the Measure -A monies from SR- 74/I -15 Interim Project with an equivalent amount of Transportation Improvement Fund (TIF) monies. Measure -A money can be used for maintenance and/or interim improvements while TIF monies are required to be spent on project specific permanent improvements. It is anticipated that the SR- 74/1 -15 Interim Improvement Project will contain significantly more than $649,602 of permanent improvements. Sufficient funds exist in both funds to complete this transfer. RECOMMENDATION It is recommended that the City Council: 1. Award the contract to Hardy and Harper Inc. for the Machado Street repairs. 2. Authorize the City Manager to execute the contract withHardy and Harper Inc. in the amount of $980,607.90. 3. Approve the use of Measure -A Monies (Fund # 112) in the amount of $649,602 for this project. 4. Approve the use of Traffic Improvement Fees (TIF #205) in the amount of $649,602 for the SR- 74/1 -15 Interim Improvement Project. AGENDA ITEM NO. PAGE 3 OF -.�- -- REPORT TO CITY COUNCIL FEBRUARY 09, 2006 PAGE 4 REVIEWED BY: APPROVED FOR AGENDA BY: David Solomon, Civil Engineer Ken Seumalo, City Engineer 05 Attachment: Vicinity Map CITY mANAGERX OFFICE AGENDA ITEM NO. /,, PAGE_ ± _., 0E-LY --- .- r- VICINITY MAP MACHADO STREET IMPROVEMENT PROJECT (LINCOLN STREET TO GRAND AVENUE) CITY COUNCIL FEBRUARY 14, 2006 AGENDA ITEM N0. 13 PAGE ? OF / Y- MACHADO STREET: GRAND AVENUE TO LINCOLN STREET Cooperative Agreement AGREEMENT BY AND BETWEEN RIVERSIDE COUNTY AND CITY OF LAKE ELSINORE FOR ROADWAY IMPROVEMENT SERVICES ON MACHADO STREET: GRAND AVENUE TO LINCOLN STREET This Agreement entered into this day of , 20% by and between the County of Riverside, (hereinafter "COUNTY'), and the City of Lake Elsinore, (hereinafter "CITY") for the provision of certain roadway improvements on Machado Street located within the jurisdictional boundaries of both the COUNTY and the CITY. RECITALS A. COUNTY and CITY have determined that there is great need for roadway improvements on Machado Street from Grand Avenue to Lincoln Street (hereinafter "PROJECT ") as shown in Exhibit A (Vicinity Map). B. COUNTY and CITY desire to have one agency take a lead role in the development and implementation of PROJECT in an interest to coordinate the improvements located in the two jurisdictions and to reduce overall costs by processing the two separate jurisdictional improvements as one project. C. COUNTY and CITY desire to designate CITY as the lead agency for the PROJECT and CITY will therefor provide the administrative, technical, managerial and support services necessary to develop and implement PROJECT. D. COUNTY and CITY desire to define herein the terms and conditions under which said PROJECT is to be administered, environmentally cleared, engineered, coordinated, constructed, managed, maintained and financed. AGREEMENT 11-.r'' NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: SECTION 1 - CITY AGREES: 1. To fund percent ((.o %) of the cost of the preparation of plans, specifications and ..r# AGENDA ITEM N0. 13 PAGE_ OF MACHADO STREET: GRAND AVENUE TO LINCOLN STREET Cooperative Agreement estimates (PS &E), preparation of an environmental document (ED) and obtaining environmental clearance, providing utility coordination and relocation of impacted utilities, acquiring right -of -way, and advertising, awarding and administering a public works construction contract necessary to construct PROJECT improvements that are located within the jurisdictional boundaries of the CITY. The estimated cost for CITY's improvements are provided in Exhibit "B" attached hereto and incorporated herein. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit "B ", CITY will in good faith consider an amendment to this agreement to include any such costs under this agreement. 2. To prepare, or cause to be prepared, detailed PS &E documents for the PROJECT and submit to COUNTY for review and approval at appropriate stages of development. Final plans for improvements within COUNTY's right of way shall be prepared to COUNTY standards, and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by COUNTY. CITY shall not solicit construction bids until COUNTY has approved the PROJECT PS &E documents. 3. To identify and locate all utility facilities within the PROJECT area as part of its PROJECT design responsibility. If any existing public and /or private utility facilities conflict with PROJECT construction, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal. All utility facilities shall be identified on the PROJECT plans and specifications, and conflicting utilities shall be denoted. CITY shall require the utility owner and /or its contractors performing the relocation work within COUNTY's right of way to obtain a COUNTY encroachment permit prior to the performance of said relocation work. CITY and COUNTY shall coordinate and cooperate in the effort to establish prior rights related to utility encroachments into each jurisdictions right -of -way. In the case that any utility companies are determined to have prior AGENDA ITEM N0. /3 PAGE -7 OF rights, the cost of relocating utilities shall be bome by the jurisdiction in which the MACHADO STREET: GRAND AVENUE TO LINCOLN STREET Cooperative Agreement conflicting utility resides. 4. To prepare an environmental document and to obtain necessary environmental clearances in accordance with the California Environmental Quality ACT (CEQA). 5. Additional right -of -way is not anticipated to be required for PROJECT. 6. To make written application to COUNTY for an encroachment permit authorizing entry into COUNTY's right of way for the purposes of constructing PROJECT. 7. To advertise, award and administer a public works contract for the construction of PROJECT in accordance with the local Agency Public Construction Code, the California Labor Code, and in accordance with the permit issued by the Riverside County Transportation Department. 8. To furnish a representative to perform the function of Resident Engineer during construction of PROJECT. The Resident Engineer shall be a Licensed Civil Engineer. The Resident Engineer shall be independent of the construction contractor. 9. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of as -built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS &E documents. 10. To construct PROJECT in accordance with approved PS &E documents. 11. To provide material testing and quality control conforming to the Caltrans Standard Testing Methods as provided in Chapter 16 of the Local Assistance Procedures Manual, and MACHADO STREET: GRAND AVENUE TO LINCOLN STREET Cooperative Agreement to have this testing performed by a certified material tester. 12. To submit any contract change order that causes the construction contract to exceed 10% of AGENDA ITEM Nu. /3 PAGE OF 110-1 the contract bid amount to COUNTY for review and approval prior to final authorization by CITY. 13. To furnish COUNTY a complete set of full -sized film positive reproducible as -built plans and all contract records, including survey documents, within sixty (60) days following the completion and acceptance of the PROJECT construction contract. COUNTY also desires electronic copies of completed plans if available. If electronic copies are provided it is requested that they be provided on CD -R media. 14. To furnish COUNTY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the PROJECT construction contract. If final costs associated with the COUNTY's improvements are in excess of the deposit provided in Section 2, CITY shall include a final bill with the financial reconciliation. If final costs associated with the COUNTY's improvements are less than the deposit provided in Section 2, CITY shall include a reimbursement for the difference with the financial reconciliation. SECTION 2 - COUNTY AGREES: 1. To fund percent ( #o %) of the cost of the preparation of plans, specifications and estimates (PS &E), preparation of an environmental document (ED) and obtaining environmental clearance, providing utility coordination and relocation of impacted utilities, acquiring right -of -way, and advertising, awarding and administering a public works construction contract necessary to construct PROJECT improvements that are located within the jurisdictional boundaries of the COUNTY. The estimated cost for COUNTY's improvements are provided in Exhibit "B" attached hereto and incorporated herein. COUNTY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit "B ", COUNTY will in good faith consider an amendment to this agreement to include any such costs under this agreement. MACHADO STREET: GRAND AVENUE TO LINCOLN STREET Cooperative Agreement 2. To provide, at no cost to CITY, oversight of PROJECT and to provide prompt reviews and approvals, as appropriate, of submittals by CITY, and to cooperate in timely processing AGENDA ITEM NO. f 2, pAGE q OFF -- of PROJECT. 3. To issue, at no cost to CITY or it contractors, upon proper application by CITY or ``W" CITY's contractor, an encroachment permit authorizing entry onto COUNTY's right of way to perform survey and other investigative activities required for preparation of the ED, PS &E or Construction of project. 4. To provide a representative to coordinate and assist the CITY's Resident Engineer during the construction of PROJECT and to verify facilities are constructed in accordance with the approved PS &E documents as required by this agreement. 5. To deposit with CITY, prior to awarding PROJECT thereof, the total amount of $ which represents COUNTY's estimated cost of PROJECT as shown in Exhibit 6. To pay within 45 days of receipt all invoices submitted by CITY for services rendered in accordance with this agreement FOR ANY AMOUNT EXCEEDING THE COUNTY'S ESTIMATED COST OF PROJECT. SECTION 3 - IT IS MUTUALLY AGREED AS FOLLOWS: 1. The total cost of PROJECT is estimated to be $ as detailed in Exhibit "B ". 2. CITY shall not be obligated to award a contract to construct PROJECT until after receipt of COUNTY's deposit as required in Section 2. 3. If upon opening of bids for construction of PROJECT and if the successful bid is not projected to cause the PROJECT to overrun the agreed budget, CITY shall be authorized to award contract. 4. If upon opening of bids for construction of PROJECT and the successful bid is projected to cause the PROJECT to overrun the agreed budget, CITY and COUNTY shall endeavor to agree upon an alternative course of action. If after thirty (30) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this agreement MACHADO STREET: GRAND AVENUE TO LINCOLN STREET Cooperative Agreement shall be deemed to be terminated by mutual consent. If the agreement is terminated per this provision, COUNTY shall be obligated to reimburse CITY for services rendered 0n AGENDA ITEM NO, PAGE1/0 OF - IT --. r-- on proposed COUNTY facilities to the date of termination. 5. Construction by CITY of improvements referred to herein which lie within COUNTY rights of way shall not be commenced until an Encroachment Permit to CITY, or CITY's contractor, authorizing such work has been issued by COUNTY. 6. CITY shall cause CITY's contractor to provide and maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name the COUNTY, its officers, agents and employees as additionally insured. City shall also require CITY's contractor to maintain Worker's Compensation Insurance. City shall provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to County prior to the start of construction. 7. Ownership and title to all materials, equipment, and appurtenances installed as part of this agreement will automatically be vested with the jurisdiction for which the improvements reside and no further agreement will be necessary to transfer ownership. 8. Neither COUNTY or CITY shall be responsible for any maintenance of the improvements provided by PROJECT that are located outside of their respective right of way boundaries. 9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. 10. CITY and COUNTY shall retain or cause to be retained for audit for a period of three (3) years from the date of final payment, all records and accounts relating to PROJECT. MACHADO STREET: GRAND AVENUE TO LINCOLN STREET Cooperative Agreement 11. 11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY AGENDA ITEM NO._ 13 PAGk. - � ,.4F � under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. 13. This agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto, not expressly set forth in this agreement, is null and void. 14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law. 15. This agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument. 16. This Agreement shall terminate upon completion of the project or upon mutual agreement of the parties. AGENDA ITEM N0.___________ PAGE / Z A*—., APPROVALS COUNTY Approvals APPROVED AS TO FORM: Dated: WILLIAM C. KATZENSTEIN County Counsel APPROVAL BY THE BOARD OF SUPERVISORS Dated: PRINTED NAME Chairman, Riverside County Board of Supervisors ATTEST: Dated: Nancy Romero Clerk of the Board (SEAL) CITY OF LAKE ELSINORE Approvals APPROVED BY: PRINTED NAME TITLE APPROVED BY: PRINTED NAME TITLE Dated: Dated: AGENDA ITEM NO. 13 —L PAGE_._ 3 _., OF L._ EXHIBIT B - PROJECT COST ESTIMATE MACHADO STREET (GRAND AVENUE TO LINCOLN STREET) TOTAL COSTS COUNTY'S SHARE CITY'S SHARE (100 %) ( but not to (60 %) Exceed $ ) Design Engineering $ $ $ And others Construction Cost with 10% Contingencies $ $ $ Construction Engineering $ $ $ TOTAL COST: $ $ $ AGENDA ITEM NO.— OF I . PAGE r- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: DONATION AGREEMENT, LA STRADA PARTNERS, LLC BACKGROUND La Strada Partners, LLC proposes to donate to the City approximately 85.58 acres of land for wildlife conservation, open space, and right -of -way purposes as part of its development of Tentative Tract Map No. 32077. (See attached Donation Agreement). The 85.58 acre site is located northeast of Interstate 15, approximately one mile west of Canyon Lake, west of Summerhill Drive, south of Greenwald Avenue, south of the extension of La Strada Road and adjacentto the Tuscany Hills Communityto the east. DISCUSSION La Strada Partners, LLC, is the owner of that certain real property (the "Property ") located in the City that is identified by Assessor Parcel No. 363 - 020 -008 and that is the subject matter of Tentative Tract Map No. 32077 (the "Map ") approved by the City on June 28, 2005. The City desires to construct and install on a portion of the Property that certain road commonly referred to as La Strada Road (the "Road), which road is included in the Circulation Element of the City's General Plan and is a Covered Activity for the purposes of the Western Riverside County Multiple Species Habitat Conservation Plan ( "MSHCP "). Condition of Approval No. 42 (the "ROW Condition ") of the Map requires the Property Owner to dedicate to the City a portion of the Property for the right of way needed for the Road. The Property Owner desires to donate to the City that portion of the Property (the "Donated Property ") consisting of approximately 85.58 acres in satisfaction of the ROW Condition and for the purposes of (i) right of way for and improvements to the Road and (ii) wildlife conservation and acceptable open space activities pursuant to the �" MSHCP. AGENDA IT EM N43. r'AcE_L� �G _� .V___ REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 Additionally, the Planning Commission has determined that the acquisition and subsequent use of the Property is consistent with the City's General Plan pursuant to Section 65402 ofthe Government Code. FISCAL IMPACT The Donation Agreement provides for payment by the Property Owner of all costs associated with the conveyance of the Donated Property and satisfaction of the conditions of approval RECOMMENDATIONS City Staff recommends that the City Council take the following actions: ,"No 1. Accept the report of the Planning Commission that the City's acceptance and subsequent use of the Donated Propertyis consistent with the General Plan. "We 2. Authorize the Mayor to execute the Donation Agreement in substantially the form attached hereto and such other ancillary documents as may be necessary to transfer title of the Donated Property to the City all in such final form as approved by the City Attorney. PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA LISTING: MANAGER'S O&FICE mg AGENDA It Elv� A PAGE_ s °• ---—� DONATION AGREEMENT THIS DONATION AGREEMENT ( "Agreement ") is made as of this day of February, 2006 by and between the City of Lake Elsinore, a California municipal corporation (the "City'), and La Strada Partners, LLC, a California limited liability company ( "Donor ") (the City and Donor are referred to hereinafter sometimes individually as the "Party" and collectively as the "Parties "). RECITALS A. Donor is the owner of that certain real property (the "Property ") located in the City that is identified by Assessor Parcel No. 363 - 020 -008 and that is the subject matter of Tentative Tract Map No. 32077 (the "Map ") approved by the City on June 28, 2005. A copy of the Map is attached as Exhibit "A" hereto and incorporated herein by this reference. B. By Condition of Approval No. 44 of the Map, the City requires the construction and installation of that certain road commonly referred to as La Strada Road. (the "Road) on a portion of the Property, which Road is included in the Circulation Element of the City's General Plan and is a Covered Activity for the purposes of the Western Riverside County Multiple Species Habitat Conservation Plan (the "MSHCP "). r C. Condition of Approval No. 42 (the "ROW Condition ") of the Map requires Donor to dedicate to the City a portion of the Property for the right of way needed for the Road. D. Condition of Approval No. 46 (the "Alignment Condition ") of the Map requires Donor to conduct an alignment study for the Road. E. Donor desires to donate to the City, and the City desires to accept as a donation from Donor, that portion of the Property (the "Donated Property ") consisting of approximately 85.58 acres and described on Exhibit `B" hereto and incorporated herein by this reference, in satisfaction of the ROW Condition and for the purposes of (i) right of way for and improvements to the Road and (ii) wildlife conservation and acceptable open space activities pursuant to the MSHCP. The legal description of the Donated Property is attached as Exhibit "C" hereto and incorporated herein by this reference. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, terms, conditions, provisions and covenants described below, and for other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties hereby agree to settle their claims as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and are r incorporated herein by this reference. 7507/4 1 10419.001 \ 1 __ 2. Offer of Dedication. Except as provided for in Section 4 hereof, Donor hereby offers to dedicate and to donate to the City as a gift and for no consideration all of its right, title, and interest in and to the Donated Property by grant deed. The City acknowledges and agrees that except as provided for in Section 4 hereof, Donor is not receiving, and will not receive, any consideration of any value or in any form from the City in respect of Donor's offer to dedicate and donate the Donated Property. 3. Acceptance of Donated Property. (a) The City hereby agrees to accept Donor's offer of dedication and donation of the Donated Property conveyed by said dedication, provided that title to the Donated Property shall vest in the City free and clear of all liens, encumbrances, easements, leases (recorded or unrecorded), bonds, assessments, and taxes (collectively, "Encumbrances "), except those Encumbrances approved by the City in its sole discretion, and provided further that Donor shall have purchased an ALTA policy of title insurance insuring the Donated Property in the amount of Two Hundred Fifty Thousand Dollars ($250,000) showing title to the Donated Property vested of record in the name of the City in fee simple subject only to such exceptions as approved by City in writing; (the "Title Insurance Policy "), which Title Insurance Policy shall be issued by First American Title Insurance Company or other title insurance company reasonably acceptable to the City. (b) The Parties acknowledge and agree that the Donated Property is currently within the proposed boundaries of a proposed community facilities district commonly referred to as Community Facilities District No. 2006 -3 (La Strada) (the "CFD "), pursuant to which a special tax lien would encumber the Donated Property. However, to the extent that the Donor conveys the Donated Property to the City, the City acknowledges and agrees that, in accordance with the City's Community Facilities District Policy, the Donated Property shall be exempt from the special tax pursuant to the CFD's rate and method of apportionment. (c) Notwithstanding any other provision of this Agreement to the contrary, Donor shall convey or otherwise transfer the Donated Property to the City, and the City agrees to accept Donor's conveyance of the Donated Property, on the date that is ten (10) days after the later to occur of the following events: (i) the approval of this Agreement by the City's City Council, or (ii) Donor's delivery to the City of the Title Insurance Policy in the form approved by the City pursuant to Section 3(a) and Donor's delivery to the City of the Deposit (as defined in Section 5(b)). 4. Satisfaction of the ROW Condition. The City acknowledges and agrees that the right of way for the Road is included within the Donated Property and that Donor's offer of dedication and donation of the Donated Property satisfies in full all of Donor's obligations with respect to the ROW Condition. 5. Satisfaction of the Alignment Condition. (a) The City acknowledges and agrees that after Donor's conveyance of the Donated Property to the City, Donor and its employees, representatives, agents, and contractors, shall be permitted to enter upon the Donated Property for the purpose of satisfying Donor's 7507/4 2 10419.001 � � `1./ N./ obligations under the Alignment Condition. Such right of entry shall include permission to conduct such surveys and tests as may be reasonably related to or necessary for the satisfaction of the Alignment Condition. (b) Notwithstanding any other provision of this Agreement to the contrary, the City acknowledges and agrees that Donor may satisfy in full its obligations under the Alignment Condition by depositing with the City the sum of Thirty Thousand Dollars ($30,000.00) (the "Deposit "), which Deposit the City shall maintain in an interest - bearing account and shall use exclusively for the purposes of paying the reasonable costs and expenses of an alignment study for the Road. To the extent that the Deposit is not sufficient to pay all of the costs and expenses of the alignment study, the City shall provide to Donor invoices, billing statements, receipts, and other documents indicating the costs and expenses incurred by the City, the draws against the Deposit, and any deficit (the "Deficit "). Within fifteen (15) days of Donor's receipt of such documents, Donor shall pay the City the Deficit. After the completion of the alignment study, the City shall return any unexpended portion of the Deposit to Donor. 6. Substantial Conformance. To the extent that Donor files an application with the City for a final map for the Map after Donor has conveyed or otherwise transferred the Donated Property to the City, the City acknowledges and agrees that Donor shall not be required to include the Donated Property in such application or as part of the proposed final map and that such application and the proposed final map shall be deemed to be in substantial conformance with the Map. Nothing in this Agreement shall, or shall be construed to, relieve Donor from (a) its obligations to satisfy all of the remaining Conditions of Approval, including without limitation the requirement to construct the Road pursuant to Condition of Approval No. 44, (b) the requirements of the Subdivision Map Act, or (c) the City's requirements with respect to an application for a final map for the Map. 7. Representations and Warranties, Indemnification. The representations and warranties set forth herein shall survive the recordation of the grant deed conveying the Donated Property to the City. 7.1 Representations and Warranties of Donor. Donor represents and warrants to City as follows: (a) Authority. Donor has full right, power and lawful authority to donate, grant, and convey the Donated Property as provided herein; and (b) Leases. There are no tenants or other persons who have a right to possess the Donated Property or any portion of it; and (c) Title. Donor, at the time of the execution of this Agreement, owns all right, title and interest in and to the Donated Property in fee simple; and (d) Litigation. To the best of Donor's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Donated 7507/4 3 10419.001 AGENDA IT Q.M. NO. 1� - Property or any portion thereof, at law, or in equity before any court or governmental entity, domestic or foreign other than the land use and entitlement proceedings before the City; and (e) Condition of Donated Property. Donor represents and warrants to the City that Donor has delivered to City a true and accurate copy of that certain Phase 1 Environmental Site Assessment dated October 21, 2005 and prepared by Geocon Consultants, Inc. for La Strada at Canyon Lake Tract 32077 (the "Phase I"). Except as set forth in the Phase I which is incorporated herein by reference, to the best of Donor's actual knowledge, no Hazardous Substance (as defined herein) has been released onto or disposed of or otherwise is present in, on, under or around the Donated Property. For the purposes of this Agreement, "Hazardous Substances" shall include, without limitation, petroleum products and any hazardous substances, hazardous materials, or toxic substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; and those substances defined as hazardous wastes in Sections 25115 and 25117 of the California Health and Safety Code or hazardous substances defined in Sections 25501 and 25316 of the California Health and Safety Code; and in the regulations adopted in publications promulgated pursuant to said laws; and (f) No Violation. To the best of Donor's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument which affects the Donated Property; and (g) No Conflict. Donor's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Donor is a party or by which it is bound; and (h) No Donor Bankruptcy. Donor is not the subject of a bankruptcy proceeding. 7.2 Representations and Warranties of City. City represents and warrants to Donor as follows: (a) Authority. City has full right, power and lawful authority to purchase the Donated Property as provided herein; and (b) No Conflict. City's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which City is a party or by which it is bound. 7.3 Indemnification. Each Party shall defend, indemnify, and hold harmless the other Party, and its elected officials, officers, employees, agents, representatives, successors, and assigns, from and against any and all claims, liabilities, penalties, forfeitures, losses, or expenses, including, without limitation, attorneys' fees, arising from or related to any material breach of this Agreement by the indemnifying Party including, without limitation, the falsity of `"001 7507/4 4 10419.001 ` w 1+ k o 1� AGENDA . .� __. i^ any representation or warranty made by indemnifying Party contained in this Agreement. Except as provided herein, liability arising from the presence of Hazardous Substances shall be governed by applicable federal and state laws. 8. Use of Donated Property. The City agrees that it shall use the Donated Property only for the following purposes: (a) Right of way for and improvements to the Road; and (b) Conservation of wildlife and acceptable open space activities pursuant to the MSHCP. 9. Conservation Easement. Subsequent to the City's acceptance of Donor's offer to dedicate, the City shall grant and convey to the Regional Conservation Authority, a joint powers agency (the "RCA "), a conservation easement or other real property interest pursuant to and in furtherance of the MSHCP as determined by the City in cooperation with the RCA covering all of the Donated Property except that portion reasonably related to the right of way for and construction and maintenance of the Road. 10. Miscellaneous Provisions. (a) Effective Date of Notices. The effective date of any offer, demand, notice �-. or instrument shall be the date of delivery to the addressee. (b) Further Assurances. At any time and from time to time after the date hereof, each Party agrees to take such actions and to execute and deliver such documents as the other Party may reasonably request to effectuate the purposes of this Agreement. (c) Assignment. Neither this Agreement nor any of the rights, interests, or obligations hereunder may be assigned by any Party without the other Party's prior written consent, which shall not be unreasonably withheld, and any assignment of this Agreement or any of the rights, interests, or obligations hereunder shall be of no force or effect until the proposed assignee agrees in writing to be bound by all of the terms and conditions of this Agreement and such signed writing is delivered to the non - assigning Party. Subject to the foregoing restrictions, the provisions of this Agreement shall be binding upon and inure to the benefit of all affiliates, parent corporations, subsidiaries, assigns, successors -in- interest, personal representatives, administrators, heirs, devisees and legatees of the Parties. (d) Amendment. Except as otherwise provided in this Agreement, neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the Party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such writing. (e) Entire Agreement. This Agreement and the agreements provided for herein constitute the entire understanding between the Parties with respect to the matters set forth herein, 7507/4 5 10419.001 AGENDA ITEM i���._.__- -- PAGE_ L -- and they supersede all prior or contemporaneous understandings or agreements between the Parties with respect to the subject matter hereof, whether oral or written. (f) Notices. Any notice, approval, consent, waiver or other communication required or permitted to be given or to be served upon either Party in connection with this Agreement shall be in writing. Such notice shall be personally served, sent by facsimile, telegram, or cable, or sent prepaid by registered or certified mail with return receipt requested, or sent by reputable overnight delivery service, such as Federal Express, and shall be deemed given: (1) if personally served, when delivered to the Party to whom such notice is addressed; (2) if given by facsimile, telegram, or cable, when sent; (3) if given by prepaid or certified mail with return receipt requested, on the date of execution of the return receipt; or (4) if sent by a reputable overnight delivery service, such as Federal Express, when received. Any notice given by facsimile, telegram, or cable shall be confirmed in writing, and such confirmation shall be sent or delivered by any of the other means of delivery set forth in this Section, within forty-eight (48) hours after notice was sent by facsimile, telegram or cable. Such notices shall be addressed to the Party to whom such notice is to be given at the Party's address set forth below or as such Party shall otherwise direct in writing to the other Party delivered or sent in accordance with this Section. 7507/4 10419.001 If to Donor: La Strada Partners, LLC 1901 West Collinas Avenue Orange, CA 92867 Attn: Rick Shedore Voice: (714)306 -2600 Fax: (714) With copy to: Alhadeff & Solar, LLP 707 Broadway, Suite 800 San Diego, CA 92101 Attn: Robert K. Edmunds, Esq. Voice: (619) 685 -1962 Fax: (619) 702 -3898 If to City: City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Attn: City Manager Voice: (951) 674 -3124 Fax: (951) 674 -2392 With copy to: Van Blarcom, Leibold, McClendon & Mann, P.C. 23422 Mill Creek Drive, Suite 105 Laguna Hills, CA 92653 Attn: Barbara Z. Leibold, Esq. Voice: (949)457 -6300 Fax: (949 )457 -6305 rel AGENDA ITUA NU 1'GE a OF _1_(a_ ._ (g) Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of California, without giving effect to any choice -of -law or conflicts -of -laws rule or principle that would result in the application of any other laws. (h) Headings. Headings, titles and captions are for convenience only and shall not constitute a portion of this Agreement or be used for the interpretation thereof. (i) Cumulative Rights; Waiver. The rights created under this Agreement, or by law or equity, shall be cumulative and may be exercised at any time and from time to time. No failure by either Party to exercise, and no delay in exercising any rights, shall be construed or deemed to be a waiver thereof, nor shall any single or partial exercise by any Party preclude any other or future exercise thereof or the exercise of any other right. Any waiver of any provision or of any breach of any provision of this Agreement must be in writing, and any waiver by any Party of any breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of that provision or of any breach of any other provision of this Agreement. The failure of any Party to insist upon strict adherence to any term of the Agreement on one or more occasions shall not be considered or construed or deemed a waiver of any provision or any breach of any provision of this Agreement or deprive that Party of the right thereafter to insist upon strict adherence to that term or provision or any other term or provision of this Agreement. No delay or omission on the part of any Party in exercising any right under this Agreement shall operate as a waiver of any such right or any other right under this Agreement. 0) Liberal Construction. This Agreement constitutes a fully- negotiated agreement among commercially sophisticated Parties, each assisted by legal counsel, and the terms of this Agreement shall not be construed or interpreted for or against any Party hereto because that Party or its legal representative drafted or prepared such provision. (k) Severability. If any provision of this Agreement is invalid, illegal or unenforceable, such provision shall be deemed to be severed or deleted from this Agreement and the balance of this Agreement shall remain in full force and effect notwithstanding such invalidity, illegality or unenforceability. (1) Good Faith and Fair Dealing. The Parties hereto acknowledge and agree that the performances required by the provisions of this Agreement shall be undertaken in good faith, and with each of the Parties dealing fairly with each other. (m) No Third -Party Beneficiaries. This Agreement does not create, and shall not be construed to create, any rights enforceable by any person, partnership, corporation, joint venture, limited liability company or other form of organization or association of any kind that is not a Party to this Agreement. (n) Time of the Essence. Time is of the essence of each and every provision of this Agreement. Unless business days are expressly provided for, all references to "days" herein shall refer to consecutive calendar days. If any date or time period provided for in this Agreement r 7507/4 % 10419.001 is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date automatically shall be extended to the next day which is not a Saturday, Sunday or federal, state or legal holiday (o) Number and Gender. As used herein, and as the circumstances require, the plural term shall include the singular, the singular shall include the plural, the neuter term shall include the masculine and feminine genders, the masculine term shall include the neuter and the feminine genders, and the feminine term shall include the neuter and the masculine genders. (p) Attorne s' Fees. Should any Party to this Agreement reasonably retain counsel for the purpose of enforcing any provision of this Agreement, including without limitation the institution of any action or proceeding to enforce any provision of this Agreement, or to recover damages if otherwise available hereunder, or to obtain injunctive or other relief by reason of any alleged breach of any provision of this Agreement, or for a declaration based on a demonstrated necessity of such Party's rights or obligations under this Agreement, or for any other judicial or equitable remedy, then if the matter is settled by judicial or quasi-judicial determination (including arbitration if arbitration is agreed to by the Parties), the prevailing Party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing Party for all costs and expenses incurred, including without limitation all attorneys' fees and costs for services rendered to the prevailing Party and any attorneys' fees and costs incurred in enforcing any judgment or order entered. The prevailing Party shall be determined by the court (or arbitrator, if arbitration is agreed to by the Parties) in the initial or any subsequent proceeding. (q) Force Majeure. If any performance (other than the payment of money due hereunder) of this Agreement is prevented, delayed, or made impracticable due to extended drought, flood, fire, earthquake, or other natural disaster, strike, unavailability of necessary materials, electrical power or fuel, civil rioting, war or military conflict, inability of Donor to obtain all necessary Permits or approvals (including any and all environmental approvals) or if the cost of complying with environmental requirements renders this transaction economically impractical (collectively a "Force Majeure Event "), then such performance (except for the payment of money due hereunder) of this Agreement shall be excused for the period of prevention, delay or impracticability resulting from the Force Majeure Event. (r) Counterparts; Facsimile Execution. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto except for having an additional signature page executed by any other Party. [Remainder of Page Intentionally Left Blank] 7507/4 8 10419.001 P-,UNDA ITEM, NO PAGE % OF A*,^ IN THE WITNESS THEREOF, the Parties have caused this Donation Agreement to be executed by their duly - authorized representatives on the date and year set forth below. "DONOR" LA STRADA PARTNERS, a California limited liability company By:_ Name: Title: 7507/4 10419.001 "CITY" CITY OF LAKE ELSINORE, a California municipal corporation BY: Name: Robert Magee, Mayor ATTEST: LIN Fredrick Ray, City Clerk Approved as to Form: By: Barbara Z. Leibold, City Attorney [Signature Page to Donation Agreement] EXHIBIT "A" (Tentative Map No. 32077) 7507/4 10419. 10 pAr- r pp a� y �a � g 'D is R' a a a a a 6666E6g669�6666E66E6999EE98E99aCC6goC06ACOm GEEEE66666E3E�66366a36666g6q6696g6g66�6 £69:9m � ��� � �! og@@@ E@ 6@ EQBEEBE966 @B666E66666606Q6E6G66m ' = � sa --I m Z n 0 "77 O W N V V LL M 111MIM 11111111210 W INIMMO Q p9 Fj $ € s G l i u k ' J i l l ff � jRra KK�y�ytt C� � �s 1.gp ilt i s I � r pp a� y �a � g 'D is R' a a a a a 6666E6g669�6666E66E6999EE98E99aCC6goC06ACOm GEEEE66666E3E�66366a36666g6q6696g6g66�6 £69:9m � ��� � �! og@@@ E@ 6@ EQBEEBE966 @B666E66666606Q6E6G66m ' = � sa --I m Z n 0 "77 O W N V V LL M 111MIM 11111111210 W INIMMO Q EXHIBIT "B" (Donated Property) 7507/4 1 1 �y 10419.001 AGENDA ITEFfi NO. PAGE--H_O F-L�... . P.O.B. N 1/4 COR. OF SEC. 4 1032.24' LIMITS OF GRADING i 1 1) 1 LIMITS Cd $ I I F GRADING EASEMEN i I 1 i LINE BEARING / 1 N35- 07'22 "W 61.36' 2 N50'39'04 "W 191.59' 3 i 146.23' 4 N69- 28'57 "W 135.75' 5 N79'39'40 "W 445.73' 6 N01- 11'17 "W M O � P N e N 3 LIMITS Cd $ I I F GRADING EASEMEN i I 1 i LINE BEARING / 1 N35- 07'22 "W 61.36' 2 N50'39'04 "W 191.59' 3 i 146.23' CTR. OF SEC. 4 ff "B" IlrD R.8"(\ 06134-37 NE COR. OF I SEC. 4 N89'35'291* E 2632_29_ _ _ _ _ _ 1600.05' TI t { 20I 3 1eLl 10 /1 IX7/ Po 1 P Z 161 vD oo PoQ i r15J �, I I I o0 ����`�• ��� °�° TRACT 32077 DRARY \ " TION . Coda I N I o 82.36 AC. I z� u� 3 I CIO 2 i - N89'40'54 "W I 2653.05' R.S. MIS 419 LINE TABLE LINE BEARING LENGTH 1 N35- 07'22 "W 61.36' 2 N50'39'04 "W 191.59' 3 N58-14'1 6"W 146.23' 4 N69- 28'57 "W 135.75' 5 N79'39'40 "W 445.73' 6 N01- 11'17 "W 206.04' E 1/4 COR. OF SEC. 4 LOT AREA CALC. LOT I AREA AC TRACT 32077 1 57.99 DONATED PROPERTY1 82.36 TOTAL AREA I 140.35 PACIFIC COAST LAND CONSULTANTS, INC. 41769 Enterprise Circle N. #201 Temecula, CA., 92590 THIS PLAT IS SOLELY AN AID IN LOCATING THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT PART OF THE WRITTEN DESCRIPTION THEREIN. SEC. 4, T.6S, R.4W, S.B.M. CIVIL ENGINEERS LAND SURVEYORS, PLANNERS SHEET 1 OF 1 1 TR -32077 SCALE: 1" = 300' DRAWN BY: LLD DATE: 12 -21 -05 DONATED PROPMtff AGENDA Ig EXHIBIT "C" LEGAL DESCRIPTION OF DONATED PROPERTY That +/- 85.58 acres of the southwest portion of APN: 363 - 020 - 008 -2 located in the City of Lake Elsinore, County of Riverside, State of California, and described as the northeast quarter of section 4, township 6 south, range 4 west, San Bernardino base and meridian, as shown by the United States Government Survey and more particularly described as follows: En 7507/4 12 10419.001 AGENDA ITEM CCU•_-_._...__ . ,- I pACE_j_U_CF —__. LU– le-- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: PUBLIC HEARING — RESOLUTION APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO. 10 (SUMMERLY) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 �—, BACKGROUND On January 24, 2006, the City Council adopted a resolution declaring its' intent to annex territory into Landscape and Street Lighting District No. 1 and approved an Engineer's Report for the annexation of the Summerly development into Landscape and Street Lighting District No. 1. DISCUSSION The district annexation includes the Summerly development which contains approximately 464 street lights. The parkway landscaping will be maintained by the HOA. The total annual cost of operations and maintenance for Park Landscaping is estimated at $69,383.62 or $43.12 per dwelling unit. The total annual cost of operations and maintenance for Street Lighting is estimated at $86,065.31 or $51.04 per dwelling unit. The estimated park landscaping cost for the first year includes a 50% reserve of $34,441.81, bringing the total to $103,825.43 or $65.00 per dwelling unit. The estimated street lighting cost for the first year includes a 50% reserve of $42,782.66, bringing the total to $128,847.97 or $76.42 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 AGENDA ITEM N0. fyL �---- PAGE OF 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 will have the appropriate funding to cover lighting for the designated areas in the district. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and call for testimony 2. Close the Public Hearing 3. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and states whether a majority protest exists 4. If no majority protest exists, then by motion, adopt Resolution No. 2006 — ;?,S approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 PREPARED BY: MATT N. PRESSEY DIRECTOR OF ADMIreISTRATIVE SERVICES APPROVED FOR AGENDA BY: GER'S OFFICE AGENDA ITEM N0. C i PAGE /- 0 2 r� ME r6w TRACT N®. 31920-1 Assessors Parcel Nos. 370-020 -007 371-030 -021 370. 020.010 371-030.022 370 - 024011 371. 030-025 " 370-020-012 371 -030 -031 370-034001 3714004002 370-034002 371-044003 371 - 034003 371 -040-004 371-030-009 371-040-005 371 -034010 3714044008 3714030 -011 371 - 044007 LAKE ELF 1 -15 w+WrAY a" LOA" SE DM HLLS i- 15fFVMNAY TRACT NO. 3020--1 VI PM MAP NO 6C" A N The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2005 -06. Annexation No. 10 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1 RESOLUTION NO. 2006- o?5- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION AREA NO. 10 (SUMMERLY) 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 California (the "Act "), did on the 2e day of January, 2006, adopt a resolution initiating proceedings for the annexation of certain property (the "Annexed Area ") into the Landscape and Street Lighting District No. 1 (the "District ") as Annexation Area No. 10 (Summerly), (the "Annexation "), for the purposes provided therefore in the Act; and WHEREAS, said Resolution was duly and legally published in the time, form, and manner as required by law, and which Resolution is on file in the Office of the City Clerk; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that if the assessment is new, a notice of the proposed assessment, along with a ballot, shall be mailed to all owners of identified parcels within the Annexation, and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the property owner of said Annexation has submitted a signed and notarized petition and an assessment ballot in favor of the proposed assessment against the Annexation; and WHEREAS, the property owner by signing said petition, hereby waives the statutory requirements for the 45 -day noticing period for the public hearing and rights of majority protest; and WHEREAS, said petition and assessment ballot is on file in the Office of the City Clerk; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Landscape and Street Lighting District No. 1, Annexation Area No. 10 (Summerly), showing the boundaries of the Annexation, which are benefited by the improvements and the amount to be assessed against each of the parcels within the Annexation; and N4001 AGENDA ITEM 9/ --- PAGE,�OF— '-- CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 5 WHEREAS, the diagram and assessment have been 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 the Annexation, the assessments, the total costs, and the description of the parcel to be assessed; and WHEREAS, the City Council has examined and considered the diagram, the assessments, and the proceedings prior thereto; and WHEREAS, said City Council having duly received and considered evidence, oral and documentary, concerning the jurisdiction facts in the proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction to order the proposed work. 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. SECTION 2. That the City hereby proposes an annual levy of assessments for the Landscape and Street Lighting District No. 1, Annexation Area No. 10 (Summerly). Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight and landscape 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 3. The City Manager has directed to cause the preparation of a report in accordance with Article 4 of the Act for the Annexation and which is on file with the City Clerk. SECTION 4. A diagram for the Annexation (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be benefited and assessed for the improvements has been prepared as Exhibit "A." The diagram, assessments, and improvement plans have been filed with the City Clerk. SECTION 5. The City Council hereby finds that each and every part of the Engineer's Report is sufficient and the City Council hereby approves, passes on, and adopts the Engineer's Report as submitted to the City Council and filed with the City Clerk. SECTION 6. The City Council does hereby reference the Engineer's Report that indicates the amount of the assessments, the Annexation boundary, detailed description AGENDA ITEM NO. eP P OF CITY COUNCIL RESOLUTION NO. 2006- Page 3 of 5 of improvements, and the method of assessment. The Engineer's Report is on file in the office of the City Clerk and reference to the Engineer's Report is hereby made for all particulars. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 28`x' day of February, 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 Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM NO. _OF-24-... 2 EXHIBIT A ANNEXATION NO. 10 (SUMMERLY) TO LANDSCAPE AND STREET LIGTHTING MAINTENANCE DISTRICT NO.1 pWit; iUH ift;kut _. P;� - 3w r6 TUCT N®. 31920-1 AssscsoY's ParesFNos. 370.020007 371 - 030.021 370.020010 371 -030.022 370-020-011 371 -030025 370-020-012 3714030.031 370-030001 371 -040W2 370-030002 371 - 040003 371-030 -003 371- 040.004 371. 030009 371 - 040.005 371 - 030010 371- 040006 371 -030 -011 3714040 -007 LAKE BBNOFE - 6lId711Y LRM SEDCO HLLB - • P]weM► TRACE N0. 35= 1 % CMY YAP IOW" LOW DISTRICT BOUNDARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2005 -06. Annexation No. 10 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 5 of 5 PAGE •.O, Engineer's Report for Annexation No. 10 to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 (Summerty) City of Lake Elsinore Riverside County, California Prepared by: Harris Associates January 18, 2006 AGENDA ITEM N0. I PACE_ oF2 .� Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No.1 Page i ENGINEER'S REPORT ANNEXATION NO. 10 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1 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: January 18, 2006 i MW :' •. •6 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 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 as glelsinorelltmdllformationlnew districriannex no. 10 Ilmd engineer's report.doc AGENDA ITEM W Pam lO i W] A*-- Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street lighting Maintenance District No. 1 Page ii ENGINEER'S REPORT ANNEXATION NO. 10 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 TABLE OF CONTENTS Certificates.......................................................................... ............................... i Report................................................................................ ............................... l 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 ................................. .............................12 Part F - Assessment District Boundary .................. .............................12 gAe1sinoreU1md1\formation\new district\annex no. 10 Ilmd engineer's reportdoc AGENDA ITEM NO PA4F Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No. 1 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 XIIID 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 ANNEXATION NO. 10 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 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. PART B An estimate of the cost of the proposed improvements for FY 2006 -07, including incidental costs and expenses in connection therewith. PART C An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District. gAe1sinoreU1md1\formationlnew districtlannex no. 10 Ilmd engineer's report.doc AGENDA ITEM 1`iC}.--- __,_- _�___..._.�_...� p4m lZ OF j Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No.1 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 of the Assessor of the County of Riverside. 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. q:\elsinoreVlmdlVormationlnew districtlannex no. 10Ilmd engineer's report.doc AGENDA ITEM N0. PAGE _ OF Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No. 1 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 Belcaro 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. s✓ gAe1sinoreU1md1\formation\new districhannex no. 10 Ilmd engineer's report.doc �A �• ,�_ Pack 1 Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No.1 Page 4 The facilities in Zone 11 are specifically described as follows: • Landscaping of neighborhood park, approximately 4.77 acres e Street lights within the public right -of -way (464 street lights) Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of water for the irrigation of the landscaping and 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, or for the lighting or operation of the landscaping or appurtenant 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. glelsinoreWmdlVormation\new districtiannex no. 10Ilmd engineer's report.doc ` CENDA ITEM NO-S r%` / Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 5 PART B ESTIMATE OF COST The estimated cost of the operation, servicing and maintenance of the park landscaping and street light improvements for Fiscal Year 2006 -07, as described in Part A, are summarized herein and described below. ANNEXATION NO. 10 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 Proposed Budeet — Fiscal Year 2006 -07 Zone 11, Fiscal Year 2006 -07 Estimated Costs Park Landscanin Operations and Maintenance $ 68,883.62 Reserve (50 %) $ 34,441.81 Administration $ 500.00 Sub -Total $103,825.43 Street Liahtin Operations and Maintenance $ 85,565.31 Reserve (50 %) $ 42,782.66 Administration $ 500.00 Sub -Total $128,847.97 Total Estimated Costs $232,673.40 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 I must be carried over to the next fiscal year. q:lelsinoreVlmdlVormationlnew districtlannex no. 10 Ilmd engineer's report.doc AGENDA ITEM N0. ...r *4WW `.r/ Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No.1 Page 6 PART C ASSESSMENT ROIL 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 11 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. Assessor's Parcel Number 370 - 020 -007 370 - 020 -010 370 - 020 -011 370 - 020 -012 370-030-001 370 - 030 -002 371- 030 -003 371 - 030 -009 371- 030 -010 371- 030 -011 371- 030 -021 371- 030 -022 371 - 030 -025 371- 030 -031 371- 040 -002 371- 040 -003 371- 040 -004 371- 040 -005 371- 040 -006 371- 040 -007 FY 2006 -07 Facili EDU's Max. Asmt Park Landscaping 1,597.34 $103,827.10 Street Lighting 1,686.32 $128,868.57 Grand Total: $232,695.67* *The maximum assessment is $22.27 more than the estimated budget due to rounding of the assessment per dwelling unit. gAelsinoreUlmd1\formation\new distriMannex no. 10 Ilmd engineer's report.doc AGENDA ITEM NG. 0q-/ . Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No. 1 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 The assessment is proposed to be levied to pay for the costs of the construction, servicing and maintenance of park landscaping, street lighting and appurtenant improvements within the District. SPECIAL BENEFIT ANALYSIS Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value. In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated: "... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable gAe1sinoreWmd1Vormationlnew districflannex no. 10 Ilmd engineer's report.doc AGENDA ITEM N0. / pA;E /e� OF Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 8 r financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..." .--, It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway. The ongoing operation and maintenance of the street landscaping, slopes and greenways within the individual district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted. The City of Lake Elsinore considers the maintenance and upkeep of parkways and adjacent slopes to be the responsibility of the adjacent development due to the added beautification of the local community which extends to the perimeter of the development. Parks. The overall quality of life and desirability of an area is enhanced, when public parks and recreational facilities are in place, improved, operable, safe, clean and maintained. Conversely, property desirability decreases when park and recreational facilities are unsafe or destroyed by the elements or vandalism. Property desirability in an area also increases when there is an increase in the number of parks, recreation centers and sports facilities. These park and recreational facilities enable property owners to participate in sporting events, leisure -activities, picnics, organized social events and other miscellaneous activities. Studies in a number of communities, including counties and cities throughout the United States, have indicated that recreation areas and facilities, if well maintained and wisely administered, have caused a marked increase in the property values of parcels in the community. Consequently, such recreation and park facilities have proved a potent factor in maintaining a sound economic condition and a high standard of livability in the community. These studies confirm the opinion long held by planning authorities as to the economic value of parks and recreational facilities in a community. "The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of both private interest to the landowner and others, holding an economic stake in the area, and of public interest to the taxpayers, who have a stake ...." (National Recreation and Park Association, June 1985) "Recreation and park amenities are central components in establishing the quality of life in a community.... [Businesses'] main resource is their employees for whom quality of life is an important issue... The availability and attractiveness of local parks and programs influences some companies relocation decisions. ... the presence of a park encourages real estate development around it.... " (California Parks & Recreation, Winter 1997) The benefit of parks and other recreational facilities to residential and commercial/industrial properties has been summarized by a number of studies. The United States Department of the Interior, National Park Service, in a publication of June 1984, concluded that: • "Parks and recreation stimulate business and generate tax revenues." • "Parks and recreation help conserve land, energy, and resources." gAe1sinoreV1md1Vormationlnew district\annex no. 10 Ilmd engineer's report.doc AGENDA ITEM NO. � / Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No. 1 Page 9 • "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property values." • "Public recreation benefits all employers by providing continuing opportunities to maintain a level of fitness throughout one's working life, and through helping individuals cope with the stress of a fast -paced and demanding life." Proper maintenance and operation of the parks within the City benefits those properties within the service areas of the parks by providing environmental quality and recreational enhancement. Park property and schools, which are considered as parks, do not receive any benefit from park landscaping, and are therefore only assessed for street lighting. 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 localized landscaping such as entryway landscaping, parkway landscaping, etc., and 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 Equivalent Dwelline Units To establish the special benefit to the individual parcels within Zone 11 of the District, an Equivalent Dwelling Unit system is used. Each parcel of land is assigned Equivalent Dwelling Units ( "BDU's ") in proportion to the estimated special benefit the parcel receives relative to the other parcels within the District from the streetlights. The single - family detached (SFD) residential parcel has been selected as the basic unit for calculation of assessments; therefore, the SFD residential parcel is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to relate all other land uses to the SFD residential land use as described below. glelsinoreWmdlVormationlnew districtlannex no. 10Ilmd engineer's reporLdoc 010 E R01 ,� R ad ✓ / Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No.1 Page 10 Developed Non - Residential (Non -Res). Developed non - residential properties are defined as improved commercial, industrial and institutional properties (such as school property or churches). In converting these properties to EDU's, the size of the parcels are compared to the average size of a single- family residential lot, which is 7,200 square feet. This equals approximately 6 SFR lots per acre of land. Therefore, developed non - residential parcels are assigned EDU's at a rate of 6 EDU's per acre. Vacant/Parks. Parcels that are designated for parks or parcels that are developable but do not have a finalized development map are assessed based upon the acreage of the parcel. These properties receive special benefits based on their land, as this is the basis of their value. Based upon the opinions of professional appraisers, appraising current market property values for real estate in Southern California, the land value portion of a property typically ranges from 20 to 30 percent of the property's total value. Additionally, the utilization of vacant property is significantly less than improved property and vacant property has a traffic generation rate of 0. Therefore, vacant parcels (and park parcels) will be assessed at the rate of 25% of Non -Res properties, or 1.5 EDU per acre or any portion thereof. Open Space/Basins. Parcels designated as open space or basins do not receive special benefits from the Improvements and are therefore exempt from the assessment. The golf course associated with the development on the northwest side does not have any localized improvements and is not included within the boundaries of the District. Apportionment The table below provides a summary of equivalent dwelling units for the different land uses for the park landscaping special benefit. Land Use Parcels Dwellings Acreage EDU's Single Family Detached 1,484 1,484 -- 1,484.00 Non - Residential 3 -- 18.89 113.34 School 1 -- 12.90 0.00 Park 4 - -- 7.73 0.00 Totals: 1,492 1,484 39.52 1,597.34 The table below provides a summary of equivalent dwelling units for the different land uses for street lighting special benefit. Land Use Parcels Dwellings Acreage EDU's Single Family Detached 1,484 1,484 - -- 1,484.00 Non - Residential 3 - -- 18.89 113.34 School 1 - -- 12.90 77.40 Park 4 - -- 7.73 11.58 Totals: 1,492 1,484 39.52 1,686.32 q:\elsinoreVlmdlVormation\new district\annex no. 10llmd engineer's report.doc PAGE ,.as. C� F Annexation No. 10, City of Lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No. i Page 11 The table below provides the assessment apportionment for Zone 11. Max. Malnt. Asmt Actual Asmt Total Max. Asmt Facility EDU's per EDU FY 2006-07)* per EDU FY 2006 -07 For District Park Landscaping 1,597.34 $65.00 $65.00 $103,825.43 Street Lighting 1,686.32 $76.42 $76.42 $128,847.97 Total Max. Asmt: $232,673.40 * 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. q:\elsinoreVImd1Vormation\new district\annex no. 10 Ilmd engineer's report.doc AGENDA ITEM NO. R z 0 i"- Annexation No. 10, City of lake Elsinore January 18, 2006 Landscape and Street Lighting Maintenance District No.1 Page 12 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. gAe1sinoreU1md1Vormation\new districtlannex no. 101Imd engineer's report.doc AGENDA nV N0. PAM�,.Z;-5.10F m2 xnr der LAKE ELMORE C �a BEDOO A6�U1Y 7 1com YAr "Doc" LOW DISTRICT BOUNDARY The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2005 -06. Annexation No. 10 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: PUBLIC HEARING - RESOLUTION DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES FOR CFD 2003 -1 ANNEXATION AREA NO. 17 (SUMMERLY) BACKGROUND On August 12, 2003 the City Council approved Resolution 2003 -37 establishing Community Facilities District No. 2003 -1 (Law Enforcement, Fire, and paramedic Services). The district levies a special tax for public safety costs above what already exist in the district. The City is requiring undeveloped parcels within the City that are developed with more than four residential dwelling units to be annexed into the service district. On January 24, 2006, the City Council adopted a resolution of intention to annex the Summerly area into CFD 2003 -1 and to authorize the levy of a special tax within the district to help finance a portion of the law enforcement, fire and paramedic services associated with new single family residential development. AGENDA ITEM N0._�' PAGE_j__OF_-ja, REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 DISCUSSION A special tax will be levied in the amount of $318.36 per single family dwelling unit for fiscal year 2006 -07. The amount of the special tax assessment maximum increases two percent annually. Summerly will add 1,484 single family dwelling units to the exiting district boundary and generate about $472,446 annually once all the homes are built. The map of the proposed boundary is attached. The CFD report is also attached. FISCAL IMPACT The cost of law enforcement and fire services is approximately $750 per single 1,.00► family dwelling unit. For each SFD unit, only about $100 to $150 of property tax dollars will be generated. Property tax is not sufficient to fund the cost of public safety services and therefore the CFD 2003 -1 special tax levy of $318.36 will assist the funding of the increased public safety service where the property tax is deficient. RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and take testimony 2. By motion, adopt Resolution No. 2006 — 2k determining the validity of prior proceedings 3. Adopt Resolution No. 2006 — �7 calling a special election 4. Adopt Resolution No. 2006 —,;!g ordering canvassing of the election results 5. Conduct first reading of the Ordinance No. 1 0 authorizing the levy of special tax. AGENDA ITEM.,`, PAGE OF REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 3 PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF AD? MANAGER'S O TIVE SERVICES AGENDA ITEM NO• 24�- PAGE OF -3Z, Annexation No. 17 to the City of Lake Elsinore EXHIBIT "B" CFD No. 2003-1 (Law Enforcement, Fire and Paramedic Services) February 16, 2006 Page B -2 ,%NO, PROPOSED BOUNDARY OF ANNEXATION NO. 17 TO COMMUNITY FACILITIES DISTRICT No. 2003 -1 OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA nrt atr �Ar a _coos WOM � �� T By YIIE CITY THE CITY L IT CLVN. AT A MTY LAN�YFRHEMED TE ETWG KID rAL A�ROVEo eY TNF PTY a THE Cm 0E LANE [L91N AT A RECUW r SCHEMED ualWO MCNOF. NEIO p .1W T.IE �� DAY a 1005. 9Y ITZ RCSOLUTN]N Ho. K aTY aLRN OF T14 WY Of l.Nt L4N t FILED THIS _ DAY O , TS AT THE NOUR O'CtOAS N BOON_ OF NApi DISTRICT RWNDARY OF A OF ASSE55NENT AND C=HIT M1 FACRIMS pSTRlM PACE N09._TE. STATE AS NSrNW N0. D S N TIK OFFICE OF THE COUNTY R[CORDCR W 1.K COUNTY a NYCRLOC. 9TAtC a CALYa1NIA. COINTY RECORDER or w C" N R FEE i__ PROPOSED BOUNDARY MAP Anne -Uen No. 17 Eo Community Fseilitiey IH.Wi t No. 2003 -1 of Ins City Of Eake Elsinore HARRIS t ASSOCIATES (L.. Entorcement, Fire snd P--die Services) FEFFA COIa ASSESSORS Auv9 r.A. T+4 '" County of 113 —Ide, Wilo-1. MM4 V I1Dy MT E DFSCAr— fOR A DE TARCO OCSCRrp irpN pF pARCFL lNES AND DwfN5NIN5 INy) yg -gyp • to IM) ITYgfS 9keel 1 a' 1 P p _ AGENDA ITEM N0. `� 1� Q:\ELSTN0RE\CFD2003-1 O &M\CFD 2003 -I \formation \re orts \Re ort Annexation No 17 cfd 2003 1 Lake Elsinor PACE_,, F 33r_� RESOLUTION NO. 2006- ak,* RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) WHEREAS, a copy of Resolution No. 2006 -07, incorporating a description and map of the proposed boundaries of Annexation Area No. 17 (Summerly) and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 17 (Summerly), which will be used 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 and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 17 (Summerly), is on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2006 -07 set February 28, 2006 as the date of the �—. public hearing on the annexation of Annexation Area No. 17 (Summerly) to the District and this Council held the said public hearing as required by law; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 17 (Summerly) to the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises. NOW, THEREFORE, 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that tie proceedings prior hereto were valid and in conformity with the requirements of the Act. SECTION 2. Annexation Area No. 17 (Summerly) is hereby annexed into the District. AGENDA ITEM N©. t12 °Z PAGEw 5 OF 33 CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 3 SECTION 3. The description and map of the boundaries of Annexation Area No. `00 17 (Summerly) on file in the City Clerk's office and as described in said Resolution No. 2006 -07 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 17 (Summerly). The map of the proposed boundaries of Annexation Area No. 17 (Summerly) has been recorded in the Office of the County Recorder of Riverside County, California in Book 65, Page 72 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2006 - 0071320). SECTION 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient 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 thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 17 (Summerly) and other costs, including but not limited to all costs of the tax levy. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit "A" attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay -for authorized services and administrative expenses and to fund and replenish any reserve fund established for Annexation Area No. 17 (Summerly). SECTION 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in Annexation Area No. 17 (Summerly), and this lien shall continue in force and effect until the special tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the City ceases. SECTION 6. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No. 17 (Summerly). SECTION 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 17 (Summerly) for the exclusive purpose of financing law enforcement, fire and paramedic services. SECTION 8. Written protests against annexation of Annexation Area No. 17 (Summerly), or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 17 (Summerly), have not been filed by fifty percent (50 %) or more of the registered voters or property owners of one -half (1/2) or more of the area of land within Annexation Area No. 17 (Summerly). AGENDA ITEM NO--- pAGE_&_OE_� CITY COUNCIL RESOLUTION NO. 2006- Page 3 of 3 SECTION 9. The Office of the City Manager, 130 South Main Street, Lake Elsinore, California 92530, (951) 674 -3124, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. SECTION 10. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit. SECTION 11. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 28`h day of February, 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 Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM NO. 02d- PAGE__0 F EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AGENDA ITEM NQ. PACE _J__0F �-. CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi- Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi- Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. City. City of Lake Elsinore, California. Developed Multi - Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding any Fiscal Year for the construction of a Unit that is not Developed Multi- family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent �. facility capable of conveyance or use separate from adjacent dwelling units. AGENDA IT711 NOS 62.2 PACE C% f -UF33 Rate and Method of Apportionment of Maximum Annual Special Taxes As of July I of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi - Family Property. Beginning in Fiscal Year 2003 -04, and all subsequent Fiscal Years, the City shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Property in the amount of $300 and on each Assessor's Parcel of Developed Multi- Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2 %, commencing in Fiscal Year 2004 -05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the S..00 Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. AGENIDA ITEM NCB. - - -- 62 CZ pAGE _/C? of 3 - Ao . _ RESOLUTION NO. 2006- 2 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore, California (the "City "), has heretofore 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, a copy of Resolution No. 2006 -07, incorporating a description and map of the proposed boundaries of Annexation Area No. 17 (Summerly) and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 17 (Summerly), which will be used 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 and do not supplant services already available within the territory proposed to be included in Annexation Area No. 17 (Summerly), is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on February 28, 2006, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 17 (Summerly) into the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 17 (Summerly) into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. 2006- determining the validity of prior proceedings relating to such annexation; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 17 (Summerly) to finance the above referenced public services has AGENDA ITEM NO. 1� °� PACE ZI OF -33 CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 3 not been precluded by protest of the owners of one -half (1/2) or more of the area of land within Annexation Area No. 17 (Summerly), and WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 17 (Summerly) a proposition to levy special taxes on property within each Annexation Area No. 17 (Summerly). NOW, THEREFORE, 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 17 (Summerly) a proposition (the "Annexation Area No. 17 (Summerly) Proposition ") to levy special taxes on property within Annexation Area No. 17 (Summerly) in accordance with the rate and method specified in Resolution No. 2006 — of the Council. The Annexation Area No. 17 (Summerly) Proposition is attached as Exhibit "A." SECTION 2. A special election is hereby called for Annexation Area No. 17 (Summerly) on the Annexation Area No. 17 (Summerly) Proposition set forth in Section 1 above. SECTION 3. The City Clerk shall hand deliver the ballot to the appropriate landowner immediately upon the adoption of this Resolution. SECTION 4. The date of the special election for Annexation Area No. 17 (Summerly) on the proposition shall be on the 28h day of February, 2006. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California 92530, no later than 7:00 o'clock p.m. on February 28, 2006. SECTION 5. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 17 (Summerly) at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in each Annexation Area No. 17 (Summerly). The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot for the special election shall be personally delivered to the respective landowner within Annexation Area No. 17 (Summerly). SECTION 6. Each Annexation Area shall constitute a single election precinct for the purpose of holding said election. AGENDA ITEM NO. 0'--` PAGE_L�L_0F_Za__. CITY COUNCIL RESOLUTION NO. 2006- Page 3 of 3 r- SECTION 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Lake Elsinore, as the elections official. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 28b day of February, 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 Robert E. Magee, Mayor City of Lake Elsinore ,AGENDA ITEM ND. a� PACE�_OF 3_.3..i OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) ANNEXATION AREA NO. 17 (SUMMERLY) SPECIAL TAX ELECTION FEBRUARY 28, 2006 To vote, mark a cross ( +) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to , as owner or authorized representative of such sole owner of land within Annexation Area No. 17 (Summerly) of City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) and represents vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula ") set forth in Resolution No. 2006- to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax Formula? YES NO ,' DENDA ITEM N0, a EXHIBIT "B" PAGE__ �-. RESOLUTION NO. 2006- r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 17 (SUMMERLY) ANNEXED TO SAID DISTRICT WHEREAS, the City Council of the City of Lake Elsinore, California (the "Council ") has previously conducted proceedings pertaining to the annexation of certain property ( "Annexation Area No. 17 (Summerly)" into the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and WHEREAS, on February 28, 2006, an election was held within Annexation Area No. 17 (Summerly) regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for Annexation Area No. 17 (Summerly) was approved by the qualified electors of Annexation Area No. 17 (Summerly), respectively. NOW, THEREFORE, 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. It is hereby determined that the election conducted within Annexation Area No. 17 (Summerly) was duly and validly conducted. SECTION 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 2006 — adopted by the City Council on February 28, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO_ 1'2°'Z _ PAGE L;� OF 33 CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 2 PASSED, APPROVED AND ADOPTED this 28b day of February, 2006. *"me 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 Robert E. Magee, Mayor City of Lake Elsinore .2.1 AGEN ©ARUM IJO PAGE_ ffa ___©F�.. 14000 r ORDINANCE NO. .d 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. 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- 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- which called an election within Annexation Area No. 17 (Summerly) for February 28, 2006 on the proposition of levying a special tax; and 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. ^_GENDA ITEM �- PAGE LJ_oF CITY COUNCIL ORDINANCE NO. Page 2 of 3 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE , ACTING AS "d 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- 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 and 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. 1�1)- PAGE LffIOF 33_ CITY COUNCIL ORDINANCE NO. Page 3 of 3 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 28`h day of February, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of , 200 , 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 ITE" `10 a')� PAGE_ P7 dF EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX AE yr r. kY-- kin. � G.., pFtGt � ®Ff.L� NOTICE OF ADOPTION OF ORDINANCE NO. 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. . A summary of Ordinance No. 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. was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL OF THE CITY OF LEGISLATIVE BODY OF THE CITY FACILITIES DISTRICT NO. 2003 -1 PARAMEDIC SERVICES) Dated: 2006 By LAKE ELSINORE, ACTING AS THE OF LAKE ELSINORE COMMUNITY (LAW ENFORCEMENT, FIRE AND Frederick Ray, City Clerk :'AGENDA iTF110 N0. PAGE_Z -[-Z ,,r 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 Frederick Ray, City Clerk �.r PAGE_,ZZ- 0 � Community Facilities District Report for Annexation No. 17 (Summerly) City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Prepared by: Harris & Associates February 16, 2006 .AGENDA ITEM N(). 2,2 PAGE• OF3 Annexation No. 17 to the City of Lake Elsinore W February 16, 2006 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page i COMMUNITY FACILITIES DISTRICT REPORT Table of Contents Introduction......................................................... ............................Pg. ii Part I Description of District, Boundary Map ............................ Pg. 1 Part II Description of Services ..................... ............................... Pg. 2 Part III Cost Estimate ........................................ ............................Pg. 3 Exhibit A — Rate and Method of Apportionment Exhibit B — Proposed Boundary Map Exhibit C — Property Owner List Q:\ELSINORE \CFD 2003 -10 &M \CFD 2003 -I\ formation \reports\Report Annexation No 17 cfd 2003_1 Lake Elsinore.doc AGEI\ ®A ITI_P-0 N0, PAGE` OF j Annexation No. 17 to the City of Lake Elsinore February 16, 2006 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page ii A*-- COMMUNITY FACILITIES DISTRICT REPORT Introduction The City of Lake Elsinore desires to establish Annexation No. 17 to Community Facilities District No. 2003 -1 (the "District ") for the purpose of funding the ongoing operation and maintenance of law enforcement, fire and paramedic services. The City of Lake Elsinore has ordered the preparation of a report describing the proposed facilities to be financed by the District if it is formed. The proceedings will be conducted in accordance with the provisions of the "Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act'). The report is to be prepared by, or under the direction of, the City Manager and other such officers responsible for providing the facilities to be financed by the proposed District. The report is to be prepared in accordance with Section 53321.5 of the Act and shall include: a. A description of the public capital facilities and/or services, by type, which will be required to adequately meet the needs of the District. b. An estimate of the fair and reasonable cost of the construction and/or acquisition of the proposed facilities, including the cost of acquisition of lands, rights -of -way and easements, and any physical facilities required in conjunction therewith, and incidental expenses in connection with said acquisition, including the costs of proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. I, Dennis A. Anderson, authorized representative of Harris & Associates, on behalf of the responsible officer(s) directed to prepare the report for said District, hereby submit the following report consisting of three (3) parts. Part I A description of the proposed District and a diagram of the proposed boundaries. Part II A description of the proposed services. Part III A cost estimate of the proposed services. Dennis A. Anderson Associate / Project Manager Harris & Associates Q:\ELSINORE\CFD 2003 -1 O &M\CFD 2003- 1\for7nation\reports\Report Annexation No 17 cfd 2003_1 Lake Elsinore. doc AGENDA ITEIN MO. 1121�_ PAGE-25- _UF 33 Annexation No. 17 to the City of Lake Elsinore February 16, 2006 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page 1 COMMUNITY FACILITIES DISTRICT REPORT PART I Description of District, Boundary Map The proposed boundaries of Annexation No. 17 to the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) are as depicted on the Boundary Map, on file in the office of the City Clerk. A reduced copy is provided in Exhibit `B ". The Assessor's parcels, shown below, define the District boundary. The description of each lot or parcel within the District is part of the records of the Assessor of the County of Riverside and these records are, by reference, made part of this Report. List of Assessor's Parcel Numbers (see Exhibit "C ") Future annexation areas, which coincide with the current boundaries of the City of Lake Elsinore and its sphere of influence, are also depicted on the Boundary Map. Q:\ELSINORE \CFD 2003 -1 O &M\CFD 2003- 1V'ormation\reportsUtepoct Annexation No 17 cfd 2003 AGENDA ITEM N0. I Lake Elsinore.doc PACE �t � � PAVG -Vr 'j ,] li /^- Annexation No. 17 to the City of Lake Elsinore February 16, 2006 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page 2 COMMUNITY FACILITIES DISTRICT REPORT PART II Description of Services The cost of the Services shall include incidental expenses, including the costs associated with forming the District, determination of the amount of the Special Tax, collection of the Special Tax, costs incurred in order to carry out the authorized purposes of the District and any other expenses incidental to the completion and inspection of the authorized work. Services The services are the operation and maintenance of law enforcement, fire and paramedic services. Operation means the administration and performance of duties required of law enforcement, fire and paramedic personnel. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance and operation of law enforcement, fire and paramedic facilities and equipment. Q:\ELS1N0RE\CFD2003-1 O &M \CFD 2003- 1 \formation\reports\Report Annexation No 17 cfd 2003_1 Lake Elsinore.doc AC ENDA ITEM NO. �� --'� —� PACE 2 -OF 3S Annexation No. 17 to the City of Lake Elsinore February 16, 2006 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page 3 COMMUNITY FACILITIES DISTRICT REPORT PART III Cost Estimate A cost estimate of the fair and reasonable cost of the proposed services and incidental expenses in connection with said services, including the cost of proposed financing and all other related costs is shown below: The costs to provide law enforcement, fire and paramedic services are estimated at $750 per single - family residence per year. Q:\ELSINORE\CFD 2003 -1 O &M \CFD 2003- 1\fortnation\reports\Report Annexation No 17 cfd 2003_1 Lake Elsinore.doc AGENDA ITEM NO. 121.2 PAGE.?,Z OF 33 _ City of Lake Elsinore EXHIBIT "A" June 24, 2003 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page A -1 /0-1 Rate and Method of Apportionment of Special Taxes City of Lake Elsinore Community Facilities District No. 2003.1 (Law Enforcement, Fire and Paramedic Services) Rate and Method of Apportionment of Special Tax Introduction Special taxes shall be annually levied on all Developed Residential Property and Developed Multi - Family Property (as hereinafter defined) in the City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District "), in accordance with the rate and method of apportionment of special taxes hereinafter set forth. All of the property within the District that is not Developed Residential or Developed Multi - Family Residential Property shall be exempt from the Maximum Annual Special Taxes of the District. Definitions Assessor's Parcel. A parcel of land in the District designated and assigned a discrete identifying number on a map of the County Assessor of the County of Riverside. i^ City. City of Lake Elsinore, California. Developed Multi- Family Property. Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March 1 preceding the Fiscal Year for the construction of a Unit that is located or shall be located within a building in which each individual Units has or shall have at least one common wall with another Unit. Developed Residential Property. All other Assessor's Parcels in the District for which a building permit has been issued by the City on or prior to March I preceding any Fiscal Year for the construction of a Unit that is not Developed Multi- family Property. Fiscal Year. The period beginning on July 1 and ending on the following June 30. Maximum Annual Special Taxes. The maximum annual special taxes levied within the District for any Fiscal Year. Unit. Each separate residential dwelling unit, which comprises an independent facility capable of conveyance or use separate from adjacent dwelling units. Rate and Method of Apportionment of Maximum Annual Special Taxes As of July I of each Fiscal Year, commencing July 1, 2003, the City shall determine which of the Assessor's Parcels within the District constitute Developed Residential Property or Developed Multi- Family Property. Beginning in Fiscal Year 2003 -04, and all subsequent Fiscal Years, the City r-. shall levy the Maximum Annual Special Taxes on each Assessor's Parcel of Developed Residential Q:\ELS1NORE\CFD2003-1 O &M\CFD 2003 -i\ formation \reports \Report Annexation No 17 cfd 2003_1 Lake Elsinore.doc AGENDA ITEM N0. PACE 2 ' OF City of Lake Elsinore EXHIBIT "A" June 24, 2003 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page A -2 Rate and Method of Apportionment of Special Taxes Property in the amount of $300 and on each Assessor's Parcel of Developed Multi - Family Property in the amount of $150 per Unit. The amount of Maximum Annual Special Taxes shall be increased annually by 2 %, commencing in Fiscal Year 2004 -05, and each Fiscal Year thereafter. Duration of the Maximum Annual Special Taxes The Maximum Annual Special Taxes shall be levied in perpetuity so long as Law Enforcement, Fire and Paramedic Services are being provided within the District. The Maximum Annual Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. The Maximum Annual Special taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Annual Special Taxes. The lien of Maximum Annual Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code. N"10 Q:\ELSINORE \CFD 2003 -1 O &M\CFD 2003 -1\ formation \reports \Report Annexation No 17 cfd 2003_1 Lake Elsinore.doc AGENDA ITEM N0. PACE, 2 F32, ,0-� Annexation No. 17 to the City of Lake Elsinore EXHIBIT "B" February 16, 2006 CFD No. 2003.1 (Law Enforcement, Fire and Paramedic Services) Page B -1 Proposed Boundary Map Q:\ELSINORE\CFD 2003 -1 O &nCFD 2003 -1 \formation \reports \Report Annexation No 17 cfd 2003_1 Lake Elsinore.doc AGENDA ITEM NO. PAGE I _ _OF 3� — Annexation No. 17 to the City of Lake Elsinore EXHIBIT "B" CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) PROPOSED BOUNDARY OF ANNEXATION NO. 17 TO COMMUNITY FACILITIES DISTRICT No. 2003 -1 OF THE CITY OF LAKE ELSINORE (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA xvE 1 -,SOE cRTE1A18 iy 1 seD00 H18 -I- TRACT EEO.32Wt VK2M MAP WRNS DISTRICT BOUNDARY REFERENCE IT MVERSOE -TV ASSESS 'S NAPS FOR A OETARED DESCRIPT- OF PARCEL LWES AND DAAENSONS THE BOONDAR OF PROPOSED CO%00 W tV fACR1M MTRKT CO US 1RM LOTS 2 -11. 13 -11. 30-28. LOTS A -Z, LOTS M -ALL. AV AND C-LOE5 LOTS J2. 33 AMD N OF TRACT NO. 3t R30 -1, RECORDED W BOOS j33. PAOE(S) 41-31 0f YAPS' RECORDS a R1 "'" EODNTY. W ME CITY OF LANE EL SWORE. C"TV Of ML4RSpE. SUM 0E CALIfp1MA. I.E. W 1NE "fEICE Di ME PTV qE- 0' 1HE CITY K LARE ELS .TV CLERK O< ME OTV OV LAN L February 16, 2006 Page B -2 1 HEREBY CEREFY MAT ME MTMN MAP SNOMNO ME PROPOSED BOUNDARKS OF AW&XAMIN NO 17 TO COIMUMIY FACMNES OSM ET W. 2003 -1. OTY OF LANE E-NOPE. COUNTY OF MVERSIDE. SUM Of C ORMA NAS APP 0 Br ME OTV COUMCR OF THE OTV OF LANE ELSE: AT A REOKARLV SCHEDULED WET- MCREOT, HELD ON THE DAr 0E 2005 BV ITS RCSttL111OV NP. n1v ttERN ar T nrr a LANE L n ERE. MS _ DAY OF 2003. AT THE — OF O'CLOCN_N. W BOON_ Of MAPS OF ASSE 1.T AND CONNUNITY EACIURES DSTRMTS PAGE NOS_MROIGN_ AS WSI ENT NO. W ME OFFICE N ME COUNEY W-00 W THE COMTY M MSERSDM. SEAR OT CAUFORNIA. -TV RECOPOFR . ME COON 11 a< WWOU FEE 1 Q:\ELSINORE \CFD 2003 -1 O &M\CFD 2003 - 1\formation \reports \Report Annexation No 17 cfd 2003_1 Lake Elsinore.doc ,-,;�ENDA ITEM N0. PACE 3 OF Annexation No. 17 to the City of Lake Elsinore EXHIBIT "C" February 16, 2006 CFD No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Page C -1 I,-'- Property Owner List Ate -, Annexation No. 17 City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) Property Owner List Proposed CFD Annexation Boundary Comprised of the Following Lot Numbers in Tract No. 31920 -1 Lots 2 through 11, Lots 13 through 26, and Lots 32 through 34 All property owned by Laing CP Lake Elsinore Q:\ELSINORE \CFD 2003 -1 O &M\CFD 2003- Aformation\reports \Report Annexation No 17 cfd 2003_1 Lake Elsinore.doc ENDA ITEM NO. PAGE,_�13 oF-]�a. ,1-1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: PUBLIC HEARING - FORMATION OF CFD 2006 -1 (SUMMERLY); CALL A SPECIAL ELECTION; CANVAS ELECTION RESULTS; AUTHORIZING LEVY OF SPECIAL TAXES BACKGROUND On January 24, 2006, the City adopted a resolution of intention to form Community le . Facilities District (CFD) 2006 -1 ( Summerly) and a resolution of intention to incur bonded indebtedness to finance the facilities. DISCUSSION The developer plans to build 1,484 single family homes. Build out is projected in the tax spread analysis in 2011 -2012. Special Tax The average residential special tax in Improvement Areas No. 1, 2 and 3 is estimated at $2,603, with the highest tax at $3,112. The non - residential special tax in Improvement Area No. 1 is estimated at $16,513 per acre. The non - residential special tax in Improvement Area No. 2 is estimated at $15,781 per acre. The non- residential special tax in Improvement Area No. 3 is estimated at $16,848 per acre. The annual CFD tax amounts, when combined with all other property taxes applicable to the project, are estimated to be approximately 2 %, which is within the 2% City CFD guidelines. The 2% maximum tax rate includes estimates for the Lake Elsinore Unified School District's CFD for the Summerly development and the new proposed Parks, Open Space, and Storm Drains CFD. AGENDA ITEM NO. ;� 33 RAGE__l___OF '. �,7 REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 Parks, Open Space and Storm Drains Operation and Maintenance Built into the rate and method of apportionment (RMA), as a special tax for services, is a component to cover a portion of increased cost of maintaining parks, open space and storm drains as a result of the new development. The Mello -Roos Community Facilities Act of 1982 ( "the Mello -Roos Act ") was specifically drafted to assist agencies with the impacts of new developments. In addition to providing a mechanism to fund the construction of public infrastructure, the Mello -Roos Act allows an agency to fund the incremental increase in cost of services due to the new development. These services include police, fire (including paramedic), maintenance of parks, open space and storm drains. An open space and storm drains maintenance component of the RMA is proposed and will be recommended for all new facilities CFD's as a part of the RMA. As presented on page 16 of each RMA, residential property in Improvement Area No. 1, 1, 2, and 3 will be assessed $246.84 per single family unit and $123.42 per multifamily unit. Non - residential property will be assessed $555.90 per acre or $46.33 per month. Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness. The not to exceed amount is $85,000,000. FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by the $50,000 deposit made by the developer. 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. The City will, however, be faced with a long -term obligation going forward to maintain the City public facilities constructed as part of the development. AGENDA 11 �... 3 PAGE �L OF�Z- -1 REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 3 RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing and call for testimony 2. Close the Public Hearing 3. Adopt Resolution No. 2006 —_ approving the joint facilities agreement and a funding, construction and acquisition agreement 4. Adopt Resolution No. 2006 — 3 0 approving the formation of the District 5. Adopt Resolution No. 2006 — - S J to incur bonded indebtedness and calling a special election 6. Direct the City Clerk to open sealed ballot(s), tally vote(s), announce the vote tally and state whether 2/3 of the voters are in favor 7. Adopt Resolution No. 2006 — ordering canvassing of the election results 8. Conduct first reading of the Ordinance No. / / 71 authorizing the levy of special tax PREPARED BY: APPROVED FOR AGENDA BY: MATT N. PRESSEY DIRECTOR OF ADMINiSTRATIVE SERVICES MANAGER'S OFFICE AGENDA ITEM N0. 073 PAGE --3 0 F PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006 -1 OF THE CITY OF LAKE ELSINORE (SUMMERLY) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA / rry = THE BOUNDARY OF PROPOSED COMMUNITY FACILITIES DISTRICT COINCIDES M - LOTS 2 -11. 13-17, —M, 1 {.aB�Ep 20-26, LOTS A -Z, LOTS AA -AM, AY AND EXCLUDES LOTS 32. 33 AND 34 OF TRACT NO 31920 -1, RECORDED RI BOOK R. PAGES) 11 -0 OF MAPS RECORDS OF RIVERSIDE COUNTY. IN THE CITY O' LAKE ELSINORE. COUNTY HX' RIVERSM STATE OF CALFORNIA. be 80UNDARY OF PROPOSED COMMUNITY FACUTIES DISTRICT IMPROVEMENT AREA 1 COINCIDES MTTN LOTS 1 -7. LOTS MC. N -R AND EXCLUDES LOT 32 OF TRACT NO. 31920 -1. RECORDED IN ROOK Z. PACE(S) It -St OF MAPS RECORDS OF RIVERSIDE COUNTY. IM THE CITY OF LAKE ELS6/01E. COUNTY OF RMRSIDE, STATE OF CALIFORNIA. THE BOUNDARY OF PROPOSED COMMUNITY FACILITIES DISTRICT IMPROVEMENT AREA 2 COWMS WTH LOIS 6-111, t3 -17. LOTS O-F, L. M. S -Y. AC -AL AND EXCLUDES LOT 33 OF TRACT NO. 77810 -4 RECORDED M 800E jBl. PACES) 41-5) OF MAPS RECORDS OF RIVERSIDE COUNTY. M SEEMH E Q THE CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA. f �W THE BOUNDARY OF PROPOSED COMMUNITY FACILITIES DISTRICT IMPROVEMENT AREA 3 COINCIDES M1 TH LOTS 20-26. LOTS G-K. Z. LOTS AA. AB. AM, AY AND EXCLUDES LOT 31 OF TRACT NO. ti -! - 1'S n�eewAi THE CIT1Y" OF LANE ELm BORE. c�OUNTY or lbMtRRSIDESTATEOFRECORDS CAL ORMA RIVERSIDE COUNTY. nr � FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF LAKE ELSINORE THIS OAY OF _2005. L ' V Qe= NO =20-1 CITY CLERK V THE CITY OF LAKE ELSINORE 1 HEREBY CERTIFY THAT THE MATH IN MAP $HOMING THE PROPOSED BOUNDARIES OF CommuTY FAC& DES DISTRICT N0. 2006 -1 (SUMMERLY), CITY OF LAKE ELSINORE. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA WAS APPROVED aa�� BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE: AT A REGULARLY SCHEDULED MEET"G THEREOF. MELD ON NOW" _ DAY OF 2005. BY ITS RESOLUTION No ��iP �Faw. CITY CLERK OF THE CITY OF LAKE ELSINORE lei FILED THIS _ DAY OF - 2005. AT ME HOUR OF O'CLOCK —M. IN BOOK_ OF MAPS OF ASSESSMENT AND COMMUNITY FACMITES DISTRICTS PACE NOS_TNROUCM AS INSTRUMENT NO. H� DISTRICT BOUNDARY IN THE OFFICE OF THE COUNTY RECORDER IN THE WUNTy OF RIVERSIDE. STATE OF CALIFORNIA. COUNTY RECORDER OF THE COUNTY OF RIVERSIDE FEE S PROPOSED BOUNDARY MAP Community Faculties District No. 2006 -1 of the City of Lake Elsinore HARRIS A ASSOCIATES (Summerly) A U.M. F.L, ww Ts9 County of Riverside, CaRfornis REFERENCE THE RIVERSIDE COUNTY ASSESSOR'S MAPS b4- CA M14 FOR A DETAILED DESCRIPTION OF PARCEL LINES AND DIMENSIONS (N6) a76 -3606 . TAIL (616) 05 -SM Sheet 1 Of I AGENDA ITEM a� RESOLUTION NO. 2006- c29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT RELATING TO THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1 (SUMMERLY) WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City ") has heretofore adopted Resolution No. 2006 -08 ( "Resolution of Intention ") stating its intention to form City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) (the "CFD ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act "); and WHEREAS, Section 53316.2 of the Act states that a community facilities district may finance facilities to be owned or operated by an entity other than the agency that created the district only pursuant to a joint community facilities agreement or a joint exercise of powers agreement; and WHEREAS, certain facilities and capital fees to be financed by the CFD include those facilities and capital fees to be owned or operated by the Elsinore Valley Municipal Water District. 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 Joint Community Facilities 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 Joint Community Facilities 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. 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. 45718796.1 AGENDA ITEM NO. PACE — OF % CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 2 SECTION 3. This Resolution shall take effect from and after the date of its '"Se passage and adoption. PASSED, APPROVED AND ADOPTED this day of , 20069 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 45718796.1 °S AGENDA ITEM N0. PAGE OF RESOLUTION NO. 2006- 3 0 RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1 (SUMMERLY) WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City ") has heretofore adopted Resolution No. 2006 -08 ( "Resolution of Intention ") stating its intention to form City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) (the "CFD ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act "), and designating portions of the CFD as Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No. 3; and WHEREAS, a copy of the Resolution of Intention is on file with the City Clerk and incorporated herein by reference; and WHEREAS, pursuant to the Act and in accordance with applicable laws, this Council held a public hearing on the formation of the CFD and the incurring of bonded indebtedness with respect to the CFD; and WHEREAS, at said hearing all persons not exempt from the Services Special Tax and the Special Tax desiring to be heard on all matters pertaining to the formation of the CFD were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act. SECTION 2. A community facilities district to be designated "City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly)" is hereby established pursuant to the Act. 45718799.1 AGENDA ITEM N0._ PAGE 7 OF I CITY COUNCIL RESOLUTION NO. 2006-. Page 2 of 5 .SECTION 3. The description and map of the boundaries of the CFD on file in the Clerk's office and as described in the Resolution of Intention and incorporated herein by reference, shall be the boundaries of the CFD. The map of the proposed boundaries of the CFD has been recorded in the Office of the County Recorder of Riverside County, California (Book 65 of Maps of Assessment and Community Facilities District at page 73 and as Instrument No. 2006 - 0071.321). SECTION 4. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Services Special Tax ") sufficient 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 do not supplant services already available within the territory proposed to be included in the CFD, the costs of administering the levy and collection of the Services Special Tax and all other costs of the levy of the Services Special Tax, including any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs of the tax levy. The Services Special Tax will be secured by recordation of a continuing lien against all real property in the CFD. The schedule of the rate and method of apportionment and manner of collection of the Services Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Services are more fully described in the report presented to this Council at the public hearing (the "Report"). The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. SECTION 5. The facilities proposed to be financed by each improvement area of the CFD are public infrastructure facilities and other governmental facilities with an estimated useful life of five years or longer, which the CFD is authorized by law to construct, own or operate and that are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD, including but not limited to streets, streetscape, park and recreation facilities, storm drain, other City facilities and fees, water and sewer facilities and fees of the Elsinore Valley Municipal Water District, and related costs including designs, inspections, professional fees, annexation fees, connection fees and acquisition costs (the "Facilities "). Such Facilities need not be physically located within the CFD. SECTION 6. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax ") sufficient to pay for the costs of financing the acquisition and/or construction of the Facilities, including the principal of and interest on the bonds ,..rW 45718799.1 AGENDA ITEM N0. PAGE_OF CITY COUNCIL RESOLUTION NO. 2006-. Page 3 of 5 proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance of the bonds, including any foreclosure proceedings, architectural, engineering, inspection, legal, fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior to the expiration of one year from the date of completion of facilities (but not to exceed two years), election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, disclosure counsel, financing consultants and printing costs, and all other administrative costs of the tax levy and bond issue. The Special Tax will be secured by recordation of a continuing lien against all real property in the CFD. In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the CFD pursuant to Section 53314 of the Act and interest thereon. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Special Tax is based upon the cost of financing the Facilities in the CFD, the demand that each parcel will place on the Facilities and the benefit (direct and/or indirect) received by each parcel from the Facilities. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or partially, from the levy of the Special Tax, the Council shall, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not delinquent or exempt in order to yield the required payments, subject to the maximum tax. Under no circumstances, however, shall the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the CFD by more than 10 percent. Furthermore, the maximum special tax authorized to be levied against any parcel used for private residential purposes shall not be increased over time in excess of 2 percent per year. The Facilities are more fully described in the Report. SECTION 7. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the Services Special Tax and the Special Tax shall attach to all real property in the CFD, and the lien with respect to the Special Tax shall continue in force and effect until the Special Tax obligation is prepaid or otherwise permanently satisfied and the lien canceled in accordance with law, and the lien with respect to the Services Special Tax and the Special Tax shall continue in force and effect until collection of the Services �— Special Tax and the Special Tax by the CFD ceases. 45718799.1 AGENDA ITEM NO.� PAGE q _0F %� CITY COUNCIL RESOLUTION NO. 2006-_ Page 4 of 5 SECTION 8. Neither the proposed Services Special Tax nor the Special Tax to be levied in the CFD has been precluded by protests by owners of one -half or more of the land in the territory included in the CFD pursuant to Government Code Section 53324. SECTION 9. The Report is ordered to be kept on file with the minutes of these proceedings and open for public inspection. SECTION 10. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Services Special Tax and the Special Tax: (a) Such Services Special Tax and the Special Tax shall be levied for the specific purposes set forth herein. (b) The proceeds of the levy of such Services Special Tax and the Special Tax shall be applied only to the specific purposes set forth herein. (c) The CFD shall establish an account or accounts into which the proceeds of such Services Special Tax and the Special Tax shall be deposited. (d) The City Manager, or his or here designee, acting for and on behalf of the CFD, shall annually file a report with the Council as required pursuant to Government Code Section 50075.3. SECTION 11. The City Manager, 130 S. Main Street, Lake Elsinore, California 92530, (951) 674 -3124, or his designee, is designated to be responsible for preparing or causing to be prepared annually a current roll of Services Special Tax and the Special Tax levy obligations by assessor's parcel number and for estimating future Services Special Tax and the Special Tax levies pursuant to Section 53340.1 of the Government Code. SECTION 12. The voting procedure with respect to the imposition of the Services Special Tax and the Special Tax, incurring bonded indebtedness and establishing an appropriations limit of the CFD shall be by hand delivered or mailed ballot election. N" r SECTION 13. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the incurring bonded indebtedness, the levy of the Special Tax, and the establishment of the appropriation limit. 4571 8799.1 AGENDA ITEM N0. °� 3 PAGE OF� CITY COUNCIL RESOLUTION NO. 2006 - i"' Page 5 of 5 SECTION 14. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this day of , 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 45718799.1 AGENDA ITEM NO. A !) PAGE_L/ LI__2OF 1*14lIiOf1tI_1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (IMPROVEMENT AREA NO. 1) (IMPROVEMENT AREA NO. 2) (IMPROVEMENT AREA NO. 3) 45718799.1 ..rr AGENDA ITEM N0. PAGE OF_- FINAL RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006 -1 IMPROVEMENT AREA No.1 (SUMMERLY) A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community Facilities District No. 2006- 1(Summerly) ( "CFD No. 2006-1 (IA No. l) ") and collected each Fiscal Year commencing in Fiscal Year 2006 -2007, in an amount determined through the application of this Rate and Method of Apportionment as described below. All of the real property in CFD No. 2006 -1 (lA No. 1), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006 -1 (1A No. 1): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2006 -1 (IA No. 1) or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-1 (IA No. 1) or any designee thereof of complying with disclosure requirements of the City, CFD No. 2006-1 (IA No. 1) or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006 -1 (IA No. 1) or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006 -1 (IA No. 1) for any other administrative purposes of CFD No. 2006 -1 (IA No. 1), including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. r` AGENDA ITEM NO PAGE_j3_OF_Lz2_ City ofLake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) Page I "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. r.rr "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property, as determined in accordance with Section C. L(b) below. "Authorized Facilities" means those authorized improvements, as listed in an exhibit to the Resolution of Formation. "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C.l .(c) below. "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for Facilities, the Special Tax Requirement for Services as determined in accordance with Section I below, and providing for the levy and collection of the Special Taxes. "CFD No. 2006 -1" means City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly). "CFD No. 2006 -1 (IA No. 1)" means Improvement Area No. I of CFD No. 2006 -1. as identified on the boundary map for CFD No. 2006 -1. "CFD No. 2006-1 (1A No. 1) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2006 -1 (IA No. 1) and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No. 2006 -1 (IA No. 1) under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the legislative body of CFD No. 2006 -1 (IA No. 1). "County" means the County of Riverside. "Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on `"Of City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. I (Summerly) page 2 0)-3 oAnc N--Or- or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for r Facilities is being levied. "Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual lots for which building permits may be issued, or (ii) for condominiums, a final map, or portion thereof, approved by the City and a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2006 -1 (IA No. 1) Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction of one or more non - residential units or facilities has been issued by the City. "Outstanding Bonds" means all CFD No. 2006-1 (IA No. l) Bonds which are deemed to be outstanding under the Indenture. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2006 -1 (IA No. 1) that was owned by a property owner association, including any master or sub - association, as of January 1 of the prior Fiscal Year. "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2006 -1 (IA No. 1) owned by, irrevocably offered or dedicated to, or over, through or under which an easement for purposes of public use has been granted, to the federal government, the State, the County, the City, the Lake Elsinore Unified School District, or any local government or other public agency as of January 1 of the previous Fiscal Year, City ojLake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) Page 3 a� AGENDA nnrc 1'45— OF provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; *Awe or (ii) any property within the boundaries of CFD No. 2006 -1 (IA No. 1) that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City. "Resolution of Formation" means the resolution of formation for CFD No. 2006-1 OA No. 1). "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006 -1 (IA No. 1) pursuant to the Act. "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No. 2006 -1 (IA No. 1) to: (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year•, (ii) pay periodic costs on the CFD No. 2006 - 1(IA No. 1) Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006 -1 (IA No. 1) Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay a proportionate share of Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2006 -1 (IA No. 1) which are not exempt from the Special Tax for Facilities pursuant to law or Section E below. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) Page 4 AGENDA ITEM f` . "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006-1 (1A No. 1) shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below. Residential Property shall be assigned to Land Use Classes I through 7 as listed in Table I below based on the Residential Floor Area for each unit. Non - Residential Property shall be assigned to Land Use Class 8. With respect to Residential Property, the Residential Floor Area shall be determined from the most recent building permit issued prior to the issuance of a Certificate of Occupancy for such Assessor's Parcel. C. MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No. 2006 -1 (IA No. 1) Bonds, the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup Special Tax for Facilities attributable to a Final Subdivision, maybe reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council, the "Goals and Policies ") calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's maximum level objective set forth in such document, the Assigned Special Tax for Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced to the amount necessary to satisfy the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A ". 1. Developed Property I'` (a) Maximum Special Tax for Facilities City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) Page S -2 �z AGENDA ITEM N0. _ `77 ' i -7 The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Facilities or (ii) the amount derived by application of the Backup Special Tax for Facilities. (b) Assigned Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1. TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No. 2006 -1 Fiscal Year 2006 -2007 NNo City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. I (Summerly) page 6 AGENDA iTEM NO. �? 1 o rle---7 AO-1- (c) Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Backup Special Tax for Facilities attributable to a Final Subdivision will equal $18,348, multiplied by the Acreage of all Taxable Property, exclusive of any Taxable Property Owner Association Property and Taxable Public Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessor's Parcels for which building permits for residential construction have or may be issued (i.e., the number or residential Iots). The Backup Special Tax for Facilities for each Assessor's Parcel ofNon- Residential Property therein shall equal $18,348, multiplied by the Acreage of such Assessor's Parcel. If a Final Subdivision includes Assessor's Parcels of Taxable Property for which building permits for both residential and non - residential construction may be issued, exclusive of Taxable Property Owner Association Property and Taxable Public Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor's Parcels of property for which building permits for non - residential construction may be issued. Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor's Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision, then the Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities previously determined for an Assessor's Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated. 1. Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area, as reasonably determined by the CFD Administrator. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) _ _ of Z10- PAGE-12—OF 3. The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied. (d) Release of Obligation to Pay and Disclose Backup Special Tax All Assessor's Parcels within CFD No. 2006 -1 (IA No. 1) will be relieved simultaneously and permanently from the obligation to pay and disclose the backup Special Tax if the CFD Administrator determines that the annual debt service required for the Outstanding Bonds, when compared to the Assigned Special taxes that may be levied against all Assessor's Parcels of Developed Property results in 110% debt service coverage (i.e., the Assigned Special Taxes that may be levied against all Developed Property in each remaining Fiscal Year based on then existing development in CFD No. 2006 -1 (IA No. 1) is at least equal to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds). (e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities, identified in Table 1 above, and Backup Special Tax for Facilities shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year. (f) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property The Fiscal Year 2006 -2007 Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $18,348 per Acre and shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year. `"W City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. I (Sum merly) e 8 �,3 -- �IN� ITEM�� PAGE�_0F 1�— i-, D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2006 -2007 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as follows: First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; (ii) all authorized CFD No. 2006 -1 (IA No. 1) Bonds have already been issued or the City Council has covenanted that it will not issue any additional CFD No. 2006 -1 (IA No. 1) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006 -1 (IA No. 1). City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) �Pagg,9� o� PAGE ,-,-LOF I J� E. EXEMPTIONS No Special Tax for Facilities shall be levied on up to 25.1 Acres of Property Owner Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 1). Tax- exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property or Public Property, its tax- exempt status will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. F. MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006-1 (IA No. l) may directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: "Buildout" means, for CFD No. 2006 -1 (IA No. 1), that all expected building permits have been issued. "CFD Public Facilities" means either $18,635,000 in 2006 dollars, which shall increase by the Construction Inflation Index on July 1, 2007, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be provided by CFD No. 2006 -1 (IA No. 1) under the authorized bonding program for CFD No. 2006 -1 (IA No. 1), or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2006 -1 (IA No. 1) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above. "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. I (Summerly) Page 10 vZ 3 d. Derr Z Z- of %.5_ 7 "Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of CFD Public Facilities. "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct CFD Public Facilities eligible under the Act. "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. 1. Prepayment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006 -1 (IA No. 1) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond I plus plus plus plus less tedemption Amount Redemption Premium Future Facilities Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit less Capitalized Interest Credit Total: equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount shall be calculated as follows: A,-, Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) PMe 411 1 3 PAGE_ 2:� OF/5-7 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No. 2006-1 (IA No. 1) based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No. 2006 -1 (IA No. 1), excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No. 2006 -1 (IA No. 1), excluding any Assessor's Parcels which have been prepaid. 4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount "). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100 %), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium "). 6. Compute the current Future Facilities Costs. 7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount "). 8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds. 9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 10. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 14, City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) Page 112 ��) car.;: � `7 oF_ 5 — 11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount "). 12. The administrative fees and expenses of CFD No. 2006-1 (IA No. l) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006 -1 (IA No. 1) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses "). 13. The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of. (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture). 14. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the "Capitalized Interest Credit "). 15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount "). From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No. 2006 -1 (IA No. 1) Bonds or make debt service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2006 -1 (IA No. 1). The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006 -1 (IA No. 1) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2006-1 (IA No. l) Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as determined under paragraph 9 (above), the CFD Administrator shall remove the current City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) Page 13� 0. pang Z'�; Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a N"So, suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No. 2006 -1 (IA No. 1) (after excluding 25.1 Acres of Property Owner Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 1) as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii)1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds. 2. Prepayment in Part The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1; except that a partial prepayment shall be calculated according to the following formula: PP = [(PE — A) x F] + A These terms have the following meaning: PP = the partial prepayment. PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G.1. F = the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities. A = the Administrative Fees and Expenses calculated according to Section G.1. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G.1, and (ii) indicate in the records of CFD No. 2006 -1 (IA No. 1) that there has been a partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such Assessor's Parcel pursuant to Section D above. `%aml* City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. I (Summerly) 3 "'"6NLkffa N0. PAGE z�oFL,L H. TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2006 -2007, provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006-1 (IA No. 1) Bonds have been paid; (ii) all Authorized Facilities have been acquired and all reimbursements to the developer have been paid; and (iii) all other obligations of CFD No. 2006 -1 (IA No. 1) have been satisfied. I. SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No. 2006 -1 (IA No. 1) in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006 -1 (IA No. 1) for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2006 -1 (IA No. 1) pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in anyFiscal Year for CFD No. 2006 -1 (IA No. 1) equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) pay a proportionate share of Administrative Expenses, and (iii) anticipated Special Tax for Services delinquencies based City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) Page 15 nnnc '7 n on the delinquency rate for the Special Tax for Services levy in CFD No. 2006-1 (IA No. 1) for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2006 -2007 and for each subsequent Fiscal Year, the City Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2006 -2007 shall be $246.84 per Developed Single Family Unit, $123.42 per Developed Multifamily Unit, and $555.90 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2007, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. r, 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 (IA No. l) may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. J. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006 -1 (IA No. 1). The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the City Council shall be final and binding as to all persons. K: ICLIENTS2 UohnLaingISummerlylMelloIRMA IIAI FinalRMA. doc ` *Mov, City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 1 (Summerly) AGFNnAjfff AN0- �3 PAGE ;_7_Z _OF 5� rd-- r- EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES AGENDA ITEM N0. -11?3 PAGE �OF CITY OF LAKE ELSINORE AND CFD No. 2006 -1 (IA No. 1) CERTIFICATE 1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and City of Lake Elsinore Community Facilities District No. 2006-1 ("CFD No. 2006 -1 (IA No. l) ") .Of hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 1): (a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No. 2006 -1 (IA No. 1) shall be modified as follows: 1 Residential Property More than 3,649 sq. ft. $ per unit 2 Residential Property 3,350 — 3,649 sq. ft. $ - per unit 3 Residential Property 3,050 — 3,349 sq. fl. $ per unit 4 Residential Property 2,750 — 3,049 sq. fl. $ per unit 5 Residential Property 2,450 — 2,749 sq. ft. $ per unit 6 Residential Property 2,150 — 2,449 sq. ft. $ per unit 7 Residential Property Less than 2,150 sq. ft. $ per unit 8' j Non - Residential Property NA $ per Acre (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 1), as stated in Section C.L(c), shall be reduced from $18,348 per Acre to $ per Acre. (c) The Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property within CFD No. 2006 -1 (IA No. 1), as stated in Section C.2, shall be reduced from $18,348 per Acre to $ per Acre. 2. The Special Tax for Facilities may only be modified prior to the first issuance of CFD No. 2006- 1 (IA No. 1) Bonds. 3. Upon execution of the Certificate by the City of Lake Elsinore and landowner(s), the City shall cause an amended notice of Special Tax lien for CFD No. 2006 -1 (IA No. 1) to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2006 -1 (IA No. 1), receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate. CITY OF LAKE ELSINORE By: CFD Administrator Landowner(s) By: Date: Date: N%W0 AGENDA ITEM 140. pAGE 12LOF `_ S Z le__ FINAL RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006 -1 IMPROVEMENT AREA No. 2 (SUMMERLY) A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community Facilities District No. 2006- 1(Summerly) ( "CFD No. 2006-1 (IA No. 2) ") and collected each Fiscal Year commencing in Fiscal Year 2006 -2007, in an amount determined through the application of this Rate and Method of Apportionment as described below. All of the real property in CFD No. 2006 -1 (IA No. 2), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006 -1 (IA No. 2): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2006 -1 (IA No. 2) or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-1 (1A No. 2) or any designee thereof of complying with disclosure requirements of the City, CFD No. 2006 -1 (IA No. 2) or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006 -1 (IA No. 2) or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006 -1 (IA No. 2) for any other administrative purposes of CFD No. 2006 -1 (IA No. 2), including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) 1 .2 3 ■ wE�If1 �i 1 E�Ilis1`— PAGE �t OF 12- "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. � "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property, as determined in accordance with Section C.l .(b) below. "Authorized Facilities" means those authorized improvements, as listed in an exhibit to the Resolution of Formation. "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C.I .(c) below. "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for Facilities, the Special Tax Requirement for Services as determined in accordance with Section I below, and providing for the levy and collection of the Special Taxes. "CFD No. 2006 -1" means City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly). "CFD No. 2006 -1 (IA No. 2)" means Improvement Area No. 2 of CFD No. 2006 -1. as identified on the boundary map for CFD No. 2006 -1. "CFD No. 2006 -1 (IA No. 2) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2006 -1 (IA No. 2) and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No. 2006 -1 (IA No. 2) under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the legislative body of CFD No. 2006 -1 (IA No. 2). "County" means the County of Riverside. "Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) &W A G R1T�'�T-' PAGE 227,- OFIU- or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied. "Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual lots for which building permits may be issued, or (ii) for condominiums, a final map, or portion thereof, approved by the City and a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2006 -1 (IA No. 2) Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table I below. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction of one or more non - residential units or facilities has been issued by the City. "Outstanding Bonds" means all CFD No. 2006-1 (IANo. 2) Bonds which are deemed to be outstanding under the Indenture. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2006 -1 (IA No. 2) that was owned by a property owner association, including any master or sub - association, as of January 1 of the prior Fiscal Year. "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2006 -1 (IA No. 2) owned by, irrevocably offered or dedicated to, or over, through i^ or under which an easement for purposes of public use has been granted, to the federal government, the State, the County, the City, the Lake Elsinore Unified School District, or any local government or other public agency as of January 1 of the previous Fiscal Year, City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) Page 3 Pa r AF /5 / provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) any property within the boundaries of CFD No. 2006 -1 (IA No. 2) that was ..r encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City. "Resolution of Formation" means the resolution of formation for CFD No. 2006-1 (1A No. 2). "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006 -1 (IA No. 2) pursuant to the Act. "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No. 2006 -1 (IA No. 2) to: (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006 - 1(IA No. 2) Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006 -1 (IA No. 2) Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay a proportionate share of Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2006 -1 (IA No. 2) which are not exempt from the Special Tax for Facilities pursuant to law or Section E below. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) Page 4 ACENDA ITEM NO.- "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006 -1 (IA No. 2) shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below. Residential Property shall be assigned to Land Use Classes 1 through 7 as listed in Table 1 below based on the Residential Floor Area for each unit. Non - Residential Property shall be assigned to Land Use Class 8. With respect to Residential Property, the Residential Floor Area shall be determined from the most recent building permit issued prior to the issuance of a Certificate of Occupancy for such Assessor's Parcel. C. MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No. 2006 -1 (IA No. 2) Bonds, the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council, the "Goals and Policies ") calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's maximum level objective set forth in such document, the Assigned Special Tax for Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced to the amount necessary to satisfy the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A ". Developed Propert y 1` (a) Maximum Special Tax for Facilities City of Lake Elsinore Community Facilities District No. 2006 -I January I6, 2006 Improvement Area No. 2 (Summerly) Pa e S oat :F _35- OFJ.. -�� The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Facilities or (ii) the amount derived by application of the Backup Special Tax for Facilities. (b) Assigned Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities for each Land Use CIass is shown below in Table 1. TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No. 2006 -1 Fiscal Year 2006 -2007 City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) Page 6 PAGE 3& OF /57— J%_ /0-- (c) Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Backup Special Tax for Facilities attributable to a Final Subdivision will equal $17,533, multiplied by the Acreage of all Taxable Property, exclusive of any Taxable Property Owner Association Property and Taxable Public Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessor's Parcels for which building permits for residential construction have or may be issued (i.e., the number or residential lots). The Backup Special Tax for Facilities for each Assessor's Parcel ofNon- Residential Property therein shall equal $17,533, multiplied by the Acreage of such Assessor's Parcel. If a Final Subdivision includes Assessor's Parcels of Taxable Property for which building permits for both residential and non - residential construction may be issued, exclusive of Taxable Property Owner Association Property and Taxable Public Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor's Parcels of property for which building permits for non - residential construction may be issued. Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s) �—. described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor's Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision, then the Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities previously determined for an Assessor's Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated. 1. Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area, as reasonably determined by the CFD Administrator. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) page 7 AGENDA VTEM -/f / /jj na 3. The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied. (d) Release of Obligation to Pay and Disclose Backup Special Tax All Assessor's Parcels within CFD No. 2006 -1 (IA No. 2) will be relieved simultaneously and permanently from the obligation to pay and disclose the backup Special Tax if the CFD Administrator determines that the annual debt service required for the Outstanding Bonds, when compared to the Assigned Special taxes that may be levied against all Assessor's Parcels of Developed Property results in 110% debt service coverage (i.e., the Assigned Special Taxes that may be levied against all Developed Property in each remaining Fiscal Year based on then existing development in CFD No. 2006 -1 (IA No. 2) is at least equal to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds). (e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities, identified in Table 1 above, and Backup Special Tax for Facilities shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year. (f) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Propert y The Fiscal Year 2006 -2007 Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $17,533 per Acre and shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) ofthe Maximum Special Tax for Facilities in effect for the previous Fiscal Year. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) page 8 DAt r- 1"001 OF/71 D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES I� r Commencing with Fiscal Year 2006 -2007 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as follows: First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; (ii) all authorized CFD No. 2006 -1 (IA No. 2) Bonds have already been issued or the City Council has covenanted that it will not issue any additional CFD No. 2006 -1 (IA No. 2) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006 -1 (IA No. 2). City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) Pale 9-3 oorF 347 of E. EXEMPTIONS No Special Tax for Facilities shall be levied on up to 22.1 Acres of Property Owner Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 2). Tax- exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property or Public Property, its tax- exempt status will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. F. MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006 -1 (IA No. 2) may directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. N"We G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: "Buildout" means, for CFD No. 2006 -1 (IA No. 2), that all expected building permits have been issued. "CFD Public Facilities" means either $17,030,000 in 2006 dollars, which shall increase by the Construction Inflation Index on July 1, 2007, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be provided by CFD No. 2006 -1 (IA No. 2) under the authorized bonding program for CFD No. 2006 -1 (IA No. 2), or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2006 -1 (IA No. 2) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above. "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) Page 10 g �3 AGENDA ITEM NO. nwnr 11n ne i'gc;--7 "Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of CFD Public Facilities. "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct CFD Public Facilities eligible under the Act. "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. 1. Prepayment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to �. prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006 -1 (IA No. 2) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount shall be calculated as follows: �-, Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) ..►�•en4ffiil i 0. p? PAGE I / OF/5-7 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued, compute the '"100 Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD, No. 2006-1 (IA No. 2) based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No. 2006 -1 (IA No. 2), excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No. 2006 -1 (IA No. 2), excluding any Assessor's Parcels which have been prepaid. 4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount "). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100 %), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium "). 6. Compute the current Future Facilities Costs. 7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount "). 8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds. 9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 10. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) Page 12 plopq 0. o493 PAGE (/Z, 0 11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount "). 12. The administrative fees and expenses of CFD No. 2006-1 (1A No. 2) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006 -1 (IA No. 2) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses "). 13. The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture). 14. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the "Capitalized Interest Credit "). 15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount "). From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No. 2006 -1 (IA No. 2) Bonds or make debt service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2006 -1 (IA No. 2). The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006-1 (IA No. 2) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2006-1 (IA No. 2) Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as determined under paragraph 9 (above), the CFD Administrator shall remove the current City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) __Page L3 a PAGE `l OF Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No. 2006 -1 (IA No. 2) (after excluding 22.1 Acres of Property Owner Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 2) as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii)1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds. 2. Prepayment in Part The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1; except that a partial prepayment shall be calculated according to the following formula: PP = [(PE — A) x F] + A These terms have the following meaning: PP = the partial prepayment. PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G.1. F = the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities. A = the Administrative Fees and Expenses calculated according to Section G.1. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G.1, and (ii) indicate in the records of CFD No. 2006 -1 (IA No. 2) that there has been a partial prepayment of the Special Tax for Facilities and that a portion ofthe Special Tax for Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such Assessor's Parcel pursuant to Section D above. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Sum merly) ____ _Z ge 14 o23 PAGE OF H. TERM OF SPECIAL TAX FOR FACILITIES ,�-1- The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2006 -2007, provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006 -1 (IA No. 2) Bonds have been paid; (ii) all Authorized Facilities have been acquired and all reimbursements to the developer have been paid; and (iii) all other obligations of CFD No. 2006 -1 (IA No. 2) have been satisfied. I. SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the �. City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No. 2006 -1 (IA No. 2) in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006 -1 (IA No. 2) for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2006 -1 (IA No. 2) pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No. 2006 -1 (IA No. 2) equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) pay a proportionate share of Administrative Expenses, and (iii) anticipated Special Tax for Services delinquencies based City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 O� 3 Improvement Area No. 2 (Summerly) ercnIne ITr-KA If ffe 15 OF on the delinquency rate for the Special Tax for Services levy in CFD No. 2006 -1 (IA No. 2) for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2006 -2007 and for each subsequent Fiscal Year, the City Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2006 -2007 shall be $246.84 per Developed Single Family Unit, $123.42 per Developed Multifamily Unit, and $555.90 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2007, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006 -1 (IA No. 2) may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. J. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006 -1 (1A No. 2). The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the City Council shall be final and binding as to all persons. K: I CLIENTS2VohnL aingl SummerlylMello IRMA IIA 1 FinaIRMA. doc City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 2 (Summerly) Page 16 g �j AGENDA ITEM N0. EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES AGENDA ITEM N0. '� PAGE 4 / 7 0Fj.U, CITY OF LAKE ELSINORE AND CFD No. 2006 -1 (IA No. 2) CERTIFICATE 1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and City of Lake Elsinore Community Facilities District No. 2006-1 ("CFD No. 2006-1 (IA No. 2) ") 1.000 hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 2): (a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No. 2006 -1 (IA No. 2) shall be modified as follows: (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 2), as stated in Section C.L(c), shall be reduced from $17,533 per Acre to $ per Acre. (c) The Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property within CFD No. 2006 -1 (IA No. 2), as stated in Section C.2, shall be reduced from $17,533 per Acre to $ per Acre. 2. The Special Tax for Facilities may only be modified prior to the first issuance of CFD No. 2006- 1 (IA No. 2) Bonds. 3. Upon execution of the Certificate by the City of Lake Elsinore and landowner(s), the City shall cause an amended notice of Special Tax lien for CFD No. 2006 -1 (IA No. 2) to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2006 -1 (IA No. 2), receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate. CITY OF LAKE ELSINORE By: Date: CFD Administrator .w►` Landowner(s) By: Date: 0a AGENDA ITEM NO. PAGE OF L FINAL RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006 -1 IMPROVEMENT AREA No. 3 (SUMMERLY) A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community Facilities District No. 2006- 1(Summerly) ( "CFD No. 2006-1 (IA No. 3) ") and collected each Fiscal Year commencing in Fiscal Year 2006 -2007, in an amount determined through the application of this Rate and Method of Apportionment as described below. All of the real property in CFD No. 2006 -1 (IA No. 3), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006 -1 (IA No. 3): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2006 -1 (IA No. 3) or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006-1 (IA No. 3) or any designee thereof of complying with disclosure requirements of the City, CFD No. 2006 -1(1A No. 3) or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006 -1 (IA No. 3) or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006 -1 (IA No. 3) for any other administrative purposes of CFD No. 2006 -1 (IA No. 3), including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) Page 1�? PAGFI-/ ,? OF _) 7 "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. .�./ "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property, as determined in accordance with Section C. L(b) below. "Authorized Facilities" means those authorized improvements, as listed in an exhibit to the Resolution of Formation. "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C. L(c) below. "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for Facilities, the Special Tax Requirement for Services as determined in accordance with Section I below, and providing for the levy and collection of the Special Taxes. ,..r# "CFD No. 2006 -1" means City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly). "CFD No. 2006 -1 (IA No. 3)" means Improvement Area No. 3 of CFD No. 2006 -1. as identified on the boundary map for CFD No. 2006 -1. "CFD No. 2006 -1 (IA No. 3) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2006 -1 (IA No. 3) and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No. 2006 -1 (IA No. 3) under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the legislative body of CFD No. 2006 -1 (IA No. 3). "County" means the County of Riverside. "Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on City ojLake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 2 Improvement Area No. 3 (Summerly) wrCRIMA ITr-M'W LPAI:►E� F or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied. "Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual lots for which building permits may be issued, or (ii) for condominiums, a final map, or portion thereof, approved by the City and a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2006 -1 (lA No. 3) Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction of one or more non - residential units or facilities has been issued by the City. "Outstanding Bonds" means all CFD No. 2006 -1 (IA No. 3) Bonds which are deemed to be outstanding under the Indenture. "Property Owner Association Property" means, for each Fiscal Year, any propertywithin the boundaries of CFD No. 2006 -1 (IA No. 3) that was owned by a property owner association, including any master or sub - association, as of January 1 of the prior Fiscal Year. "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2006 -1 (lA No. 3) owned by, irrevocably offered or dedicated to, or over, through /' or under which an easement for purposes of public use has been granted, to the federal government, the State, the County, the City, the Lake Elsinore Unified School District, or any local government or other public agency as of January 1 of the previous Fiscal Year, City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) Page 3 PAr.j: S/ OF 7 J provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) any property within the boundaries of CFD No. 2006 -1 (IA No. 3) that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City. "Resolution of Formation" means the resolution of formation for CFD No. 2006-1 (IA No. 3). "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006 -1 (IA No. 3) pursuant to the Act. "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No. 2006 -1 (IA No. 3) to: (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006- 1 (IA No. 3) Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006 -1 (lA No. 3) Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay a proportionate share of Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2006 -1 (lA No. 3) which are not exempt from the Special Tax for Facilities pursuant to law or Section E below. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) Pale ¢ 7 UK t t bier •.•• - — OF �5�� r . B. N "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006-1 (1A No. 3) shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below. Residential Property shall be assigned to Land Use Classes 1 through 7 as listed in Table 1 below based on the Residential Floor Area for each unit. Non - Residential Property shall be assigned to Land Use Class 8. With respect to Residential Property, the Residential Floor Area shall be determined from the most recent building permit issued prior to the issuance of a Certificate of Occupancy for such Assessor's Parcel. MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No. 2006 -1 (IA No. 3) Bonds, the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council, the "Goals and Policies ") calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's maximum level objective set forth in such document, the Assigned Special Tax for Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced to the amount necessary to satisfy the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A ". 1. Developed Propert y i"- (a) Maximum Special Tax for Facilities City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) _Pape S PAr.F o� 3 OF The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Facilities or (ii) the amount derived by application of the Backup Special Tax for Facilities. (b) Assigned Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1. TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No. 2006 -1 Fiscal Year 2006 -2007 City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) Page 6 j AC,ENDA I I Lm OF �- nerc . (c) Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Backup Special Tax for Facilities attributable to a Final Subdivision will equal $18,718, multiplied by the Acreage of all Taxable Property, exclusive of any Taxable Property Owner Association Property and Taxable Public Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessor's Parcels for which building permits for residential construction have or may be issued (i.e., the number or residential lots). The Backup Special Tax for Facilities for each Assessor's Parcel ofNon- Residential Property therein shall equal $18,718, multiplied by the Acreage of such Assessor's Parcel. If a Final Subdivision includes Assessor's Parcels of Taxable Property for which building permits for both residential and non - residential construction may be issued, exclusive of Taxable Property Owner Association Property and Taxable Public Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor's Parcels of property for which building permits for non - residential construction may be issued. Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor's Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision, then the Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities previously determined for an Assessor's Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated. 1. Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area, as reasonably determined by the CFD Administrator. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 cps ? Improvement Area No. 3 (Summerly) anrm A MWN0. OF 3. The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified portion of the Final `me Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied. (d) Release of Obligation to Pay and Disclose Backup Special Tax All Assessor's Parcels within CFD No. 2006 -1 (IA No. 3) will be relieved simultaneously and permanently from the obligation to pay and disclose the backup Special Tax if the CFD Administrator determines that the annual debt service required for the Outstanding Bonds, when compared to the Assigned Special taxes that may be levied against all Assessor's Parcels of Developed Property results in 110% debt service coverage (i.e., the Assigned Special Taxes that may be levied against all Developed Property in each remaining Fiscal Year based on then existing development in CFD No. 2006 -1 (IA No. 3) is at least equal to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds). (e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities, identified in Table 1 above, and Backup Special Tax for Facilities shall increase thereafter, commencing N"10 on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year. (f) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property The Fiscal Year 2006 -2007 Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $18,761 per Acre and shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) pV9e& ► 43 � Tr PAGE, OF 1:5—L D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2006 -2007 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as follows: First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; (ii) all authorized CFD No. 2006 -1 (IA No. 3) Bonds have already been issued or the City Council has covenanted that it will not issue any additional CFD No. 2006 -1 (IA No. 3) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006 -1 (IA No. 3). City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) _ ,X90.4__ _ Glwr� PAGE-f]—oF1-W— I E. EXEMPTIONS No Special Tax for Facilities shall be levied on up to 19.2 Acres of Property Owner -ago Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 3). Tax- exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property or Public Property, its tax- exempt status will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. F. MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006-1 (1A No. 3) may directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. NWMO G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: "Buildout" means, for CFD No. 2006 -1 (IA No. 3), that all expected building permits have been issued. "CFD Public Facilities" means either $16,41 0,000 in 2006 dollars, which shall increase by the Construction Inflation Index on July 1, 2007, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be provided by CFD No. 2006 -1 (IA No. 3) under the authorized bonding program for CFD No. 2006 -1 (IA No. 3), or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2006 -1 (IA No. 3) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above. "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) Page 10 3 AGENDA ITEM nnrC � Q nF 1 ,57 "Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of CFD Public Facilities. "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct CFD Public Facilities eligible under the Act. "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. 1. Prepayment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to �., prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006 -1 (IA No. 3) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount shall be calculated as follows: ,-, Paragraph No.: Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) Page 11 AGENDA 9 nerc _'� q OF 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No. 2006-1 (1A No. 3) based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No. 2006 -1 (IA No. 3), excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No. 2006 -1 (IA No. 3), excluding any Assessor's Parcels which have been prepaid. 4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount "). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100 %), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium "). 6. Compute the current Future Facilities Costs. 7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount "). 8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds. 9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 10. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) page 12 ,�?3 nerX &0 OF, 11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount "). 12. The administrative fees and expenses of CFD No. 2006-1 (1A No. 3) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006 -1 (IA No. 3) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses "). 13. The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of. (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture). 14. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the "Capitalized Interest Credit "). 15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount "). From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No. 2006 -1 (IA No. 3) Bonds or make debt service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2006 -1 (lA No. 3). The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006 -1 (IA No. 3) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2006-1 (IA No. 3) Bonds or to make debt service payments. r^ As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as determined under paragraph 9 (above), the CFD Administrator shall remove the current City of Lake Elsinore Community Facilities District No. 2006 -1 Improvement Area No. 3 (Summerly) January 16, 2006 Page 13 AGENDA ITEM N0. �o/ ^e /Ci Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No. 2006 -1 (IA No. 3) (after excluding 19.2 Acres of Property Owner Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 3) as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii)1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds. 2. Prepayment in Part The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1; except that a partial prepayment shall be calculated according to the following formula: PP = [(PE— A) x F] +A These terms have the following meaning: PP = the partial prepayment. PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G.1. F = the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities. A = the Administrative Fees and Expenses calculated according to Section G.1. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G.1, and (ii) indicate in the records of CFD No. 2006 -1 (IA No. 3) that there has been a partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such Assessor's Parcel pursuant to Section D above. City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) page 14 AGENDA ITS 1*. —OF % ✓� H. TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2006 -2007, provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006 -1 (IA No. 3) Bonds have been paid; (ii) all Authorized Facilities have been acquired and all reimbursements to the developer have been paid; and (iii) all other obligations of CFD No. 2006 -1 (IA No. 3) have been satisfied. I. SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No. 2006 -1 (IA No. 3) in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006 -1 (IA No. 3) for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2006 -1 (IA No. 3) pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No. 2006 -1 (IA No. 3) equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) pay a proportionate share of Administrative Expenses, and (iii) anticipated Special Tax for Services delinquencies based City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) Pag /e 1 S PAGE - OF /57 . on the delinquency rate for the Special Tax for Services levy in CFD No. 2006 -1(1A No. 3) for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2006 -2007 and for each subsequent Fiscal Year, the City Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels ofNon- Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2006 -2007 shall be $246.84 per Developed Single Family Unit, $123.42 per Developed Multifamily Unit, and $555.90 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2007, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006 -1(1A No. 3) may collect the Special Tax for Services at a different time or in a different manner ifnecessary to meet its funding requirements. J. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006 -1 (1A No. 3). The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the City Council shall be final and binding as to all persons. K: I CLIENTS2UohnLainglSummer lytMello IRMA11AI Fina1RMA. doc City of Lake Elsinore Community Facilities District No. 2006 -1 January 16, 2006 Improvement Area No. 3 (Summerly) Page 16 AGENDA ITEM _1 ,"do, nc r- EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES AGENDA ITEM NO. 0 PACE OF� CITY OF LAKE ELSINORE AND CFD No. 2006 -1 RA No 3) CERTIFICATE 1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and City of Lake Elsinore Community Facilities District No. 2006-1 ("CFD No. 2006-1 (IA No. 3) ") hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 3): (a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No. 2006 -1 (IA No. 3) shall be modified as follows: (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 3), as stated in Section C.L(c), shall be reduced from $18,718 per Acre to ""SO $ per Acre. (c) The Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property within CFD No. 2006 -1 (IA No. 3), as stated in Section C.2, shall be reduced from $18,761 per Acre to $ per Acre. 2. The Special Tax for Facilities may only be modified prior to the first issuance of CFD No. 2006- 1 (IA No. 3) Bonds. 3. Upon execution of the Certificate by the City of Lake Elsinore and landowner(s), the City shall cause an amended notice of Special Tax lien for CFD No. 2006 -1 (IA No. 3) to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2006 -1 (IA No. 3), receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate. CITY OF LAKE ELSINORE By: Date: CFD Administrator Landowner(s) By: Date: AGENDA ITEM N0. O? �3, PAGE�OF RESOLUTION NO. 2006-11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $30,0009000, $28,000,000 AND $27,0009000 WITHIN IMPROVEMENT AREA NO. 1, IMPROVEMENT AREA NO.2 AND IMPROVEMENT AREA NO. 39 RESPECTIVELY, OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1 (SUMMERLY) AND CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City ") has heretofore adopted Resolution No. 2006- (the "Resolution of Formation "), which formed the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) (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 drain 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 WHEREAS, a copy of the Resolution of Formation is on file with the City Clerk and incorporated herein by reference; and WHEREAS, the Council has heretofore designated portions of the CFD as Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No. 3 (each an "Improvement Area," and collectively, the "Improvement Areas "); and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness in the amounts 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, the repayment of which is to be secured by special taxes levied in accordance with Section 53340 et seq. of the Act on certain properties within the respective Improvement Areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. 45718802.1 AGENDA ITEM NO. 23 PACE�OF CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 4 SECTION 2. It is necessary to incur bonded indebtedness in amounts 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 finance the costs of the Facilities for the respective Improvement Areas. SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of acquiring the Facilities, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act. SECTION 4. Each Improvement Area will pay for the bonded indebtedness for such Improvement Area. SECTION 5. The bonds shall be issued in one or more series at a maximum interest rate not to exceed 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued, and payable annually or semiannually as determined by the Council. The term of the bonds shall be determined pursuant to a resolution of the Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or such longer term as is then permitted by law. SECTION 6. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, the Council hereby establishes the following accountability measures 1100► pertaining to any bonded indebtedness incurred by or on behalf of the City: (a) Such bonded indebtedness shall be incurred for the specific purposes set forth in Section 3 above. (b) The proceeds of any such bonded indebtedness shall be applied only to the specific purposes identified in Section 3 above. (c) The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account or accounts into which the proceeds of such bonded indebtedness shall be deposited. (d) The City Manager, or his or her designee, acting for and on behalf of the City, shall annually file a report with the Council as required by Government Code Section 53411. SECTION 7. Pursuant to Government Code Section 53326, the Council hereby determines to submit to the qualified electors of the CFD a proposition (the "Services Proposition ") to levy special taxes on property within the CFD in accordance with the 45718802.1 � 3 AGENDA ITE,Mrr N0. PAGE OF157, CITY COUNCIL RESOLUTION NO. 2006-, Page 3 of 4 rate and method of apportionment specified in the Resolution of Formation. The form of the Services Proposition is attached as Exhibit "A." SECTION 8. Pursuant to Government Code Section 53353.5, the Council hereby determines to submit to the qualified electors of the respective Improvement Areas a combined proposition (the "Facilities Proposition ") to: (1) levy special taxes on property within the Improvement Areas in accordance with the rate and method of apportionment of special tax specified in the Resolution of Formation; (2) incur bonded indebtedness in the amounts not to exceed $30,000,000, $28,000,000 and $27,000,000, respectively; and (3) establish an appropriations limit as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, for the respective Improvement Areas. Said appropriations limit shall equal the maximum amount of bonded indebtedness authorized to be incurred for the respective Improvement Areas. The form of the Facilities Proposition is attached as Exhibit `B." SECTION 9. A special election is hereby called for the CFD on the Services Proposition set forth in Section 7 above. SECTION 10. A special election is hereby called for the Improvement Areas on the Facilities Proposition set forth in Section 8 above. SECTION 11. The time for notice having been waived by the qualified electors, the date of the special election for the CFD on the Services Proposition and for the Improvement Areas on the Facilities Proposition shall be on the 28th day of February, 2006. There being no registered voters residing within the territory of the CFD at the time of the protest hearing and ninety (90) days prior thereto, there being only one landowner in the CFD, and the requirements of Section 53326 of the Government Code having been waived by the landowner, the ballot for the special election shall be hand delivered to the landowner within the CFD. The voter ballot shall be returned to the City Clerk at 130 S. Main Street, Lake Elsinore, California 92530, no later than 11:00 o'clock p.m. on February 28, 2006. However, the election may be closed within the concurrence of the City Clerk, as soon as the ballot is returned. SECTION 12. Notice of said election and written argument for or against the measure have been waived by the landowner. SECTION 13. The CFD or each Improvement Area, as applicable, shall constitute a single election precinct for the purpose of holding said special election. SECTION 14. The Council hereby directs that the special election be conducted by the City Clerk, as the elections official. SECTION 15. This Resolution shall take effect from and after the date of its passage and adoption. 45718802.1 AGENDA ITEM NO. PAGE 619 OF _Lf-7 CITY COUNCIL RESOLUTION NO. 2006- Page 4 of 4 PASSED, APPROVED AND ADOPTED this day of 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 ..r 45718802.1 AGENDA ITEM N0. -7 PAGE 7.____�_�__ OF�1_1 ---0� ,0�-1 EXHIBIT A OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) SERVICES SPECIAL TAX ELECTION February 28, 2006 To vote, mark an "X" in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to , as owner or authorized representative of such owner of land within City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) and represents vote(s). If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 S. Main Street, Lake Elsinore, California 92530. PROPOSITION: Shall City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) be authorized to 10� levy special taxes pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula ") set forth in Exhibit A of Resolution of Formation adopted on February 28, 2006 ( "Resolution of Formation ") to finance the authorized services and administrative expenses as provided for in the Resolution of Formation? YES NO 45718802.1 A -1 AGENDA ITEM N0. pAGEI/ OF EXHIBIT B OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1 (SUMMERLY) IMPROVEMENT AREA NO. SPECIAL TAX ELECTION February 28, 2006 To vote, mark an "X" in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to , as owner or authorized representative of such owner of land within City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) and represents vote(s). If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 S. Main Street, Lake Elsinore, California 92530. PROPOSITION: Shall Improvement Area of the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) (the "CFD "), subject to the accountability measures provided for in Resolution Calling Special Election adopted on February 28, 2006, incur an indebtedness and be authorized to issue bonds in an amount not to exceed $ with interest at a rate or rates established at such time as the bonds are sold in one or more series at fixed or variable interest rates, however not to exceed any applicable statutory rate for such bonds, the proceeds of which will be used to finance the certain public facilities (the "Facilities ") as described in Resolution of Formation adopted on February 28, 2006 ( "Resolution of Formation "); and subject to the accountability measures provided for in the Resolution of Formation, shall a special tax be levied to pay the principal of and interest on such indebtedness and bonds and to otherwise finance the Facilities; and shall an appropriations limit be established for Improvement Area of the CFD pursuant to Article XIIIB of the California Constitution, said appropriations limit to be equal to the maximum amount of bonded indebtedness authorized to be incurred for Improvement Area ? 45718802.1 B -1 Wd NO AGENDA ITEM NO. '23 _ PAGE 74L OF1 RESOLUTION NO. 2006-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (SUMMERLY) WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City ") has previously conducted proceedings pertaining to the formation of the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) (the "CFD "), the rate and method of apportionment for the levy and collection of special taxes (the "Services Special Tax ") to finance a portion of the cost of providing parks, open space and storm drains maintenance services, the authorization of indebtedness in the amounts not to exceed $30,000,000, $28,000,000 and $27,000,000 within Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No. 3, respectively, of the CFD, the rate and method of apportionment for the levy and collection of special taxes (the "Special Tax ") to pay the principal and interest on bonds issued or other debt, and the establishment of an appropriations limit, and the calling of an election in regard to the foregoing; and WHEREAS, on February 28, 2006, an election was held within the CFD relative r to the rate and method of apportionment of Services Special Tax, the authorization of not to exceed $30,000,000, $28,000,000 and $27,000,000 of indebtedness within Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No. 3, respectively, of the CFD, the rate and method of apportionment of the Special Tax, and the establishment of an appropriations limit; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the Services Special Tax, incurring the bonded indebtedness, the rate and method of apportionment and manner of collection of the Special Tax and establishing an appropriations limit for the respective Improvement Areas of the CFD was approved by the requisite 2/3 of the votes cast by qualified electors of the CFD or respective Improvement Areas, as applicable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. It is hereby determined that the election conducted within the CFD was duly and validly conducted. SECTION 2. The Council, acting as the legislative body of the CFD, is authorized to levy the Services Special Tax on behalf of the CFD, as specified in 45718804.1 AGENDA fTM NO. PAGE2..� OF� CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 3 Resolution No. _ February 28, 2006. (the "Resolution of Formation ") adopted by the Council on SECTION 3. The Council, acting as the legislative body of the CFD, is authorized to levy the Special Tax on behalf of the CFD, as specified in the Resolution of Formation. SECTION 4. The Council is authorized to incur indebtedness on behalf of the CFD for Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No.3 of said CFD, in the maximum amounts of $30,000,000, $28,000,000 and $27,000,000, respectively. SECTION 5. The City is authorized to establish an appropriations limit for the Improvement Areas of the CFD. SECTION 6. The City Clerk is hereby directed and authorized to record notice of the special tax of the CFD by recording a Notice of Special Tax Lien of the CFD pursuant to Section 3117.5 of the California Streets and Highways Code. . SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. ,"w, 45718804.1 AGENDA REM NO. -- PAGE I J "I-- CITY COUNCIL RESOLUTION NO. 2006- Page 3 of 3 PASSED, APPROVED AND ADOPTED this day of 2006, by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Fredrick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 45718804.1 Robert E. Magee, Mayor City of Lake Elsinore J AGENDA ITEM NO. C� 3 PAGE %, OF ORDINANCE NO. �..rY 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 (Summerly) (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 WHEREAS, on January 24, 2006, the Council also adopted Resolution No. 2006- 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 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 45718805.1 AGENDA ITEM NO. pAGE_OF %57— CITY COUNCIL ORDINANCE NO. Page 2 of 4 '^ of the Improvement Areas of the CFD were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006- determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006- 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 1. 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 an 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- of the Council (Resolution of Formation). SECTION 5. The above authorized Services Special Tax and 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 and provided for ad valorem taxes; provided, however, the CFD may collect the Services 4571 8805.1 AGENDA ITEM N0. PAGE �OF r CITY COUNCIL ORDINANCE NO. 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. 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 7. 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. INTRODUCED AND APPROVED UPON FIRST READING this _ day of 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 45718805.1 AGENDA ITEM N0. ) J _ PAGE, iOF _ 7 ,,,, CITY COUNCIL ORDINANCE NO. Page 4 of 4 PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of , 2006, upon the following roll call vote: 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 45718805A Robert Magee, Mayor City of Lake Elsinore AGENDA ITEM NO. PAGE 2q OF EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (IMPROVEMENT AREA NO. 1) (IMPROVEMENT AREA NO. 2) (IMPROVEMENT AREA NO. 3) 45718805.1 AGENDA ITEM N0. PAGE n of 5 •..e A*",- EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX For City Council Agenda packet purposes, a copy of the RMA for the 3 improvement areas are not duplicated here. Please see the RMA's attached to the Resolution of Fomation presented earlier in this agenda item. AGENDA ITEM NO d 3 kmno PAGE_ 9 / OF Community Facilities District Report for the City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Prepared by: Harris & Associates February 17, 2006 C8=2 *40of AGENDA 1TEM �� OF City of Lake Elsinore February 17, 2006 CFD No. 2006 -1 (Summerly) COMMUNITY FACILITIES DISTRICT REPORT Table of Contents rg e I. Introduction ................................................... ..............................1 II. Project Description ...................................... ............................... 2 III. Description of Facilities ............................... ............................... 3 IV. Cost Estimate ............................................... ............................... 4 V. Bonded Indebtedness and Incidental Expenses .......................... 5 VI. Rate & Method of Apportionment of the Special Tax ............... 6 VII. Boundaries of CFD No. 2006- 1 ................... ...:.........................11 VIII. General Terms and Conditions .................... .............................12 IX. Certification ................................................. .............................13 Exhibit A — Boundary Map Exhibit B — Rate and Method of Apportionment Exhibit C — Property Owner List Exhibit D — Effective Tax Rate Q:\ELSINORE \CFD 2006 -1 Summerly (Laing)\report \CFD Report 2006 -1 (Summerly) 17febWdoc City of Lake Elsinore February 17, 2006 CFD No. 2006 -1 (Summerly) R Page 1 COMMUNITY FACILITIES DISTRICT REPORT I. Introduction WHEREAS, the City Council of the City of Lake Elsinore (hereinafter referred to as the "Council "), pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act ") did establish its intentions to form a community facilities district, consisting of the territory described in Exhibit A, and did expressly order the filing of a written "Report" with the Board for the proposed community facilities district. This community facilities district shall hereinafter be referred to as Community Facilities District No. 2006 -1 of the City of Lake Elsinore (Summerly) (hereinafter referred to as CFD No. 2006 -1); and WHEREAS, the Resolution of Intention of the City Council of the City of Lake Elsinore to establish Community Facilities District No. 2006 -1 of the City of Lake Elsinore (Summerly), to authorize the levy of a Special Tax to pay the costs of acquiring, constructing, or maintaining certain facilities and expenses of CFD No. 2006 -1 and to pay debt service on bonded indebtedness, did direct that said Report generally contain the following: a. A brief description of the public facilities, by type, which will be required to adequately meet the needs of CFD No. 2006 -1; and b. An estimate of the cost of providing those public facilities, including the cost of environmental evaluations of such facilities, and an estimate of the fair and reasonable cost of any incidental expenses to be incurred. NOW, THEREFORE, I, Dennis A. Anderson, authorized representative of Harris & Associates, pursuant to the provisions of the Act, do hereby submit the following report. Q:\ELSINORE \CFD 2006 -1 Summerly (Laing)\report \CFD Report 2006 -1 (Summerly) 17feb06.doc AGENDA ITEM NO. PAGE OF City of Lake Elsinore CFD No. 2006- 1(Summerly) COMMUNITY FACILITIES DISTRICT REPORT II. Project Description February 17, 2006 Page 2 Pursuant to land use entitlements approved by the City of Lake Elsinore (the "City ") and John Laing Homes (the "Developer"), the Developer plans to construct 1,484 single- family dwelling units, known as Summerly. The City has proposed to form one community facilities district for the purpose of financing certain infrastructure and public facilities and maintenance for the benefit of Summerly. CFD No. 2006 -1 encompasses approximately 293.3 gross acres of land. A summary of the development phases within CFD No. 2006 -1 and the estimated number of units within each improvement area is shown below: Improvement Area Development Phase Acres Single Family Units 1 1, 2 (portion) 107.0 547 2 3, 2 (portion) 99.0 485 3 1 4 87.3 452 293.3 1,484 CFD No. 2006 -1 will be formed to finance the acquisition and/or construction of street, streetscape, /-. and flood control/storm drain improvements and park/landscape improvements, City fees, and fees and improvements of the Elsinore Valley Municipal Water District. See Section III for a list of facilities to be acquired and maintenance services to be funded. Q:\ELSINORE \CFD 2006 -1 Summerly (Laing) \report \CFD Report 2006 -1 (Summerly) 17febWdoc AGENDA ITEM N0. 23 PACE LS _OF City of Lake Elsinore February 17, 2006 CFD No. 2006- 1(Summerly) Page 3 COMMUNITY FACILITIES DISTRICT REPORT III. Description of Facilities & Services Facilities A community facilities district may provide for the purchase, construction, expansion or rehabilitation of any real or other tangible property with an estimated useful life of five (5) years or longer which is necessary to meet increased demands placed upon local agencies as a result of development occurring within a community facilities district. In addition, a community facilities district may provide for the on -going costs for services and infrastructure maintenance for police, fire, parks, open space, parkways and storm drain facilities, as long as those services are in addition to services already received by the property within the district. The facilities described in the Report are all facilities which the City is authorized, pursuant to an agreement meeting the requirements of Section 53316.2 of the Act or otherwise (the "Joint Community Facilities Agreement") to own, construct, or finance, and which are required to adequately meet the needs of CFD No. 2006 -1. The actual facilities described herein are those currently expected to be required to adequately meet, in part, the needs of CFD No. 2006 -1. Because the actual needs of CFD No. 2006 -1 arising as development progresses therein may differ from those currently anticipated, the City reserves the right to modify the actual facilities proposed herein to the extent the City deems necessary, in its sole discretion, to meet those needs. The proposed facilities for CFD No. 2006 -1 include all or a portion of design, construction, indirect costs and administration relating to the following improvements associated with Tract Map 31920 -1: 1. Street and Traffic Improvements 2. Park/Landscape Improvements (including streetscape) 3. Flood Control/Storm Drain Improvements CFD No. 2006 -1 will also be authorized to finance City capital improvement fees imposed pursuant to City fee programs and fees and improvements of the Elsinore Valley Municipal Water District. *400 Q:\ELSINORE \CFD 2006 -1 Summerly (Laing) \report \CFD Report 2006 -1 ( Summerly) 17feb06.doc ;.AGENDA ITEM N0. � � - - PAGEOF l 1101-1 City of Lake Elsinore February 17, 2006 CFD No. 2006 -1 (Summerly) Page 4 COMMUNITY FACILITIES DISTRICT REPORT IV. Cost Estimate The cost estimate for the facilities described in Section III is set forth below. The actual facilities to be financed will ultimately be determined in accordance with the Funding, Construction and Acquisition Agreement between the City and Developer. Community Facilities District No. 2006 -1 (Summerly) Estimated Facilities Costs Facilities Cost Estimate Street & Traffic Improvements $ 12,177,348 Park/Landscape Improvements $ 11,388,518 Flood Control /Storm Drain Improvements $ 32,116,443 EVMWD Sewer Improvements $ 2,186,054 EVMWD Water Improvements $ 4,415,078 EVMWD Reclaimed Water Improvements $ 2,990,498 City Impact Fees $ 17,597,944 Storm Drain Fee $ 5,958,260 Library Fee $ 22,260 Traffic Impact Fee $ 861,392 Transportation Uniform Mitigation Fee $ 10,756,032 EVMWD Impact Fees $ 11,483,293 Sewer Connection Fee $ 3,214,000 Water Connection Fee $ 7,871,136 Irrigation Connection Fee $ 398,157 Total Estimated Cost $ 94,355,176 It should be noted that the facilities cost estimates include all indirect costs such as project management, design engineering, right -of -way engineering, soils engineering and testing, plan checking, permits, fees, advertisement and award costs and inspections. Actual costs may differ from the amounts shown, which are estimates only and are not intended to be maximum limits in what may be expended. Q:\ELSINORE \CFD 2006 -1 Summerly (Laing)\report\CFD Report 2006 -1 (Summerly) 17feb06.doc ACMDA ITEM N0. A 3 PACE 0 City of Lake Elsinore CFD No. 2006- 1(Summerly) February 17, 2006 COMMUNITY FACILITIES DISTRICT REPORT Page 5 V. Bonded Indebtedness and Incidental Expenses A. Projected Bond Sales The maximum authorized bonded indebtedness for CFD No. 2006 -1 is as follows: Improvement Area Authorized Bond Amount A $ 30,000,000 B $ 28,000,000 C $ 27,000,000 $ 85,000,000 B. Incidental Bond Issuance Expenses to be included in the Proposed Bonded Indebtedness Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the costs of legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district due and payable prior to the expiration of one year from the date of completion of the facilities, not to exceed two years; election costs; and all cost of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. For the bonds proposed to be issued by CFD No. 2006 -1, capitalized interest is estimated for 12 months, the reserve fund is equal to the highest debt service payment in any year, and all other incidental bond issuance expenses at approximately 5.0 percent of the face amount of the bonds. C. Incidental Expenses to be Included in the Annual Levy of Special Taxes Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; the costs associated with the creation of the district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district; any other expenses incidental to the construction, completion, and inspection of the authorized work; and the retirement of existing bonded indebtedness. While the actual cost of administering CFD No. 2006 -1 may vary, it is anticipated that the amount of special taxes which can be collected will be sufficient to fund at least $25,000 in annual administrative expenses. O� Q:\ELSINORE \CFD 2006 -1 Summerly (Laing)\report \CFD Report 2006 -1 (Summerly) 17fe606.doc % AGENDA ITEM N0. pAoE_�OF-L; N"000 s� 1011` City of Lake Elsinore February 17, 2006 CFD No. 2006.1 (Summerly) Page 6 COMMUNITY FACILITIES DISTRICT REPORT V1. Rate and Method of Apportionment of the Special Tax All of the property located within CFD No. 2006 -1, unless exempted by law or by the Rate and Method of Apportionment, shall be taxed for the purpose of providing necessary facilities to serve CFD No. 2006 -1. Pursuant to Section 53325.3 of the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. As shown in Exhibit B, the Rate and Method of Apportionment approved in the Resolution of Intention provides information sufficient to allow each property owner within CFD No. 2006 -1 to estimate the maximum annual Special Tax he or she will be required to pay. Sections A through C, below, provide additional information on the Rate and Method of Apportionment of the Special Tax for CFD No. 2006 -1, as is proposed to be adopted in the Resolution of Formation for CFD No. 2006- 1. Please note that all capitalized terms used herein, unless otherwise indicated, shall have the meanings defined in the Rate and Method of Apportionment. A. Explanation for Special Tax Apportionment When a community facilities district (a "CFD ") is formed, a special tax may be levied on each parcel of taxable property within the CFD to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by the CFD. This special tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis. When more than one type of land use is present within a CFD, several criteria may be considered when apportioning the special tax. Generally, criteria based on building square footage, acreage, and land use are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the projected product mix, and are reflective of the proposed land use types within that CFD. Specific special tax levels are assigned to each land use class, with all parcels within a land use class assigned the same special tax rate. The facilities to be funded by CFD No. 2006 -1 are generally regional in -tract infrastructure as well as off -site infrastructure improvements. These improvements are required for the orderly development of the property within CFD No. 2006 -1. Each property will benefit from the improvements in several ways: 1) traffic circulation, 2) site access, 3) recreational amenities, 4) access to utilities, and 5) overall quality of life enhancement. The special tax can be apportioned using several different factors related to each property, including density, land area, traffic generation, and building square footage. Three Improvement Areas have been defined. Q:\ELSINORE \CFD 2006 -1 Summerly (Laing) \report\CFD Report 2006 -1 (Summerly) M 606.doc AGENDA IT1:M NO. PAGE 0 1 City of Lake Elsinore February 17, 2006 CFD No. 2006.1(Summerly) Page 7 COMMUNITY FACILITIES DISTRICT REPORT Land Use Types have been established for Developed Property in each Improvement Area, as shown in Table 1 below. The Special Tax for a single family residential property will vary directly with the amount of residential floor area on each parcel. The Special Tax for non- residential property will be determined based on the acreage of the parcel(s). The Special Tax for Undeveloped Property, Taxable Property Owner Association Property and Taxable Public Property will be determined by the acreage of the property. Based on the types of public facilities that are proposed for CFD No. 2006 -1 and the factors described above, the Special Taxes assigned to specific land uses are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 2006 -1 can be considered fair and reasonable. In addition, a maintenance special tax (Special Tax for Services) has been established to cover the on -going costs of maintenance of the parks, open space and public storm drain system required from new development. The Special Tax for Single Family Residential Property will be based on a per unit basis. The area of the property will determine the Special Tax for Non - Residential Property. B. Maximum Special Tax Rates Special Tax for Facilities Table 1, on the following page, lists the Assigned Special Tax rates for fiscal year 2006 -07 that are proposed to be levied against Developed Property within CFD No. 2006 -1. The Maximum Special Taxes for developed property cannot exceed the rates shown in Table 1 for fiscal year 2006 -07, except when the Backup Special Tax is used as discussed in Section C below. The Maximum Special Tax that may be levied against Undeveloped Property, Taxable Property Owner Association Property and Taxable Public Property cannot exceed the rates shown in Table 1 for fiscal year 2006 -07. The Assigned Special Taxes and Maximum Special Taxes will increase at a rate of two percent per year. Each year, the City Council shall levy the Special Tax, subject to the methodology and Maximum Special Taxes set forth in the Rate and Method of Apportionment, in an amount sufficient to meet the Special Tax Requirement. Special Tax for Services Table 2, on the following page, lists the rates for the Maximum Special Tax for Services for fiscal year 2006 -07 that are proposed to be levied against property within CFD No. 2006 -1. The Maximum Special Taxes will increase at a rate of two percent per year. C. Backup Special Tax *"No Pursuant to the Rate and Method of Apportionment, the Maximum Special Tax for Facilities for Developed Property is the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. The Backup Special Tax will increase at a rate of two percent per year. *"We Q:\ELSINORE \CFD 2006 -1 Summerly (Laing) \report\CFD Report 2006 -1 ( Summerly) 17feb%.doc AGENDA ITEM NO. v- PAGE 6?1) OF r 101-1 City of Lake Elsinore February 17, 2006 CFD No. 2006 -1 (Summeriy) Page 8 COMMUNITY FACILITIES DISTRICT REPORT D. Accuracy of Information In order to establish the Assigned Special Tax rates, the Backup Special Tax and the Maximum Special Tax rate for Developed Property, Undeveloped Property, Taxable Property Owner Association Property and Taxable Public Property as set forth in the Rate and Method of Apportionment for each Improvement Area for CID 2006 -1, the Special Tax Consultant has relied on information including, but not limited to, absorption, land use types, building square footage, and net taxable acreage which were provided to the Special Tax Consultant by others. The Special Tax Consultant did not independently verify such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CID No. 2006 -1, including the inability to meet the financial obligations of CID No. 2006 -1. TABLE 1 Special Tax for Facilities - Assigned Special Taxes for Developed Property For Fiscal Year 2006 -07 Community Facilities District No. 2006 -1 Improvement Area No. 1 Q:\ELSINORE \CFD 2006 -1 Summerly (Laing) \report\CFD Report 2006 -1 ( Summerly) 17febWdoc AGENDA ITEM NO. a 3 PAGE W OF,= More than 3,649 sq. ft. $3,112 per unit I Residential Property 2 Residential Property 3,350 — 3,649 sq. ft. $2,871 per unit 3 Residential Property 3,050 — 3,349 sq. ft. $2,723 per unit 4 Residential Property 2,750 — 3,049 sq. ft. $2,588 per unit 5 Residential Property 2,450 — 2,749 sq. ft. $2,373 per unit 6 Residential Property 2,150 — 2,449 sq. ft. $2,321 per unit 7 Residential Property Less than 2,150 sq. ft. $2,235 per unit 8 Non - Residential Property NA $16,513 per Acre Q:\ELSINORE \CFD 2006 -1 Summerly (Laing) \report\CFD Report 2006 -1 ( Summerly) 17febWdoc AGENDA ITEM NO. a 3 PAGE W OF,= City of Lake Elsinore February 17, 2006 CFD No. 2006.1(Summerly) Page 9 COMMUNITY FACILITIES DISTRICT REPORT Improvement Area No. 2 Improvement Area No. 3 1 Residential Property More than 3,649 sq. ft. $3,112 per unit 2 Residential Property 3,350 — 3,649 sq. ft. $2,871 per unit 3 Residential Property 3,050 — 3,349 sq. ft. $2,723 per unit 4 Residential Property 2,750 — 3,049 sq. ft. $2,588 per unit 5 Residential Property 2,450 — 2,749 sq. ft. $2,373 per unit 6 Residential Property 2,150 — 2,449 sq. ft. $2,321 per unit 7 Residential Property Less than 2,150 sq. ft. $2,235 per unit 8 Non - Residential Property NA $16,848 per Acre Q:\ELSINORE \CFD 2006 -1 Summerly (Laing) \report \CFD Report 2006 -1 (Summerly) 17feb%,doc AGENDA ITEM NO. PAGE12=— —OF City of Lake Elsinore CFD No. 2006- 1(Summerly) COMMUNITY FACILITIES DISTRICT REPORT TABLE 2 Special Tax for Services for Developed Property Community Facilities District No. 2006 -1 Fiscal Year 2006 -2007 Description Rate Single Family Property $246.84 per unit Multifamily Property $123.42 per unit Non - Residential Property $555.90 per Acre Q:\ELSINORE \CFD 2006 -1 Summerly (Laing) \report \CFD Report 2006 -1 ( Summerly) 17febWdoc February 17, 2006 Page 10 AGENDA ITEM NO. d3 PAGE 13 OF /57---u City of Lake Elsinore February 1T, 2006 CFD No. 2006 -1 (Summerly) Page 11 COMMUNITY FACILITIES DISTRICT REPORT VII. Boundaries of CFD No. 2006 -1 The boundaries of CFD No. 2006 -1 include all land on which special taxes may be levied. A copy of the Boundary Map for CFD No. 2006 -1 is included as Exhibit A. Q:\ELSINORE\CFD 2006 -1 Summerly (Laing) \report\CFD Report 2006 -1 (Summerly) PfebWdoc d 3 AGENDA ITEM NO. PAGE, — O ___.� City of Lake Elsinore February 17, 2006 CFD No. 2006- 1(Summerly) Page 12 COMMUNITY FACILITIES DISTRICT REPORT VIII. General Terms and Conditions A. Substitution Facilities The description of the public facilities, as set forth herein, are general in their nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes, in lieu or modifications to the proposed work in order to accomplish the work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service and are of a type substantially similar to that as set forth in this Report. Q:\ELSINORE \CFD 2006 -1 Summerly (Laing) \report \CFD Report 2006 -1 ( Summerly) 17febWdoc AGENDA ITEM N0. PAGE,�OF City of Lake Elsinore February 17, 2006 CFD No. 2006- 1(Summerly) Page 13 COMMUNITY FACILITIES DISTRICT REPORT IX- Certification Based on the information provided herein, it is my opinion that the facilities and services described herein are necessary to meet increased demands placed upon the County as a result of development occurring within the boundaries of CFD No. 2006 -1 and benefit the lands within said CFD No. 2006- 1. Further, it is my opinion that the special tax rates and method of apportionment, as set forth herein, are fair and equitable, uniformly applied and not discriminating or arbitrary. Dated: February 17, 2006 Harris & Associates Dennis A. Anderson Associate / Project Manager Q:\ELSINORE\CFD 2006 -1 Summerly (Laing)\report\CFD Report 2006 -1 (Summerly) J WW6.doc I� AGENDA ITEM NO. PAGE� —DF U N..e na City of Lake Elsinore CFD No. 2006.1 (Summerly) Exhibit "A" Boundary Map PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT No. 2006 -1 OF THE CITY OF LAKE ELSINORE (SUMMERLY) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA V - T1IE 1TOIRWAR Y Or PROPOSED COI -MALTY FACILIOCS DISTRICT OONCW $ ON LOTS 2 -11. 13-17, 30-79. LOTS A -Z, LOTS AA-AR. AY AND ENMVM LOTS R 33 AND 34 OF TRACT N X 31920 -1, RECORDED N BOCR JU IAOEf2) �yi OF ItNT. RECORDS OF RIVERSIDE COUNTY. N ME On OF LANE 0.5NOIE. COWn 0/ DIKRSYIL STATE Or CAWOMIIA. scaff Y s THE BoUrWNIY Or PROPOSED CCI-RR1n rACW1" DISTRICT WPROKNENT AREA 1 COINCIDES ON LOTS 3 -T, LOTS A -C. N -R AND ERQUOES LOT 32 OF TRACT NO. 31920 -1. RECORDED N LAKE ELONO E ROOK SRl. PAC[(S) p 1 6 NAPS, RECORDS Of RIVERSIDE COMM W THE On Or LANE QSODRE. COUNTY O p1KR51DE. STATE O' CAIIFORM. 1 -t.NMR D[ LOTS B-Y .t PROPOSED D-F. ARTY fALL11E4 OI AND CLLOES LOT AREA 2 COYNPOES RTM LOTS 9-11. 13-23. LOTS D-f. L 14 S-Y', AC -AL AND EXLCUO[S LOT 33 W TRACT N0. 31970 -1. RECORO[D M ROOt �S. PAOC(S) 11 -51 Or YAPS, RECORDS Or RDER90E COMM N GiiI�Q NE On O LANE 0.SNORE. COUNTY OF RI STATE OF CALIFOO& % S1 THE M&DAgy Or PROPOSED CORRMIT IACIUI" OSTR1Cf RiR01ELRT l AREA 3 CONOOES i WM LOTS 20-29. LOTS G -N. Z, LOTS M N. AN. AV AND EXCLUDES LOT 34 OF iRAeT N L 31930 -1. RECORDED N 900N 3ft PAOE(S) ag OF NAPS. RECORDS OF RDEASWE COUNn. N It THE On O LANE ELSNORE. C VY OF AVERSWE. STATE 01 CALIFONRA February 17, 2006 Page A -1 jOF THE On CLERK Or " On OF LAKE QSPIOBE THIS OAY 01 TOGS B9MY tAN E TPA= KU 3804 11 BY CEWWV D T NE ONO NM SHORWO W PROPOSED W"AWS 01 CON VV PAWDES DISTRICT N0. 7006 -1 (9AR[RtY), On OF LANE ELSR W. CONn OT IIsWRWE. STATE OF CAIIFORHIA BAS APPROVED BY THE On COLWOL O 711E On O LAKE ELSNORE: AT A REOULARY SCHEOUIFO ALEING —RCO. -E. pl YKppeso" THE _ DAY Or 2D01 BY ITS REM.... .... �1RX! d CLERK a b t L LEA IA[D MS _ DAY O 2W5. AT WI'~ v O�QOCK�R N BOOK_ O YAPS O ASSESMNCNT AW CONNWRTY EAC... OSIRKTS 'ROE AWS_TTR1pNN_ AS NSTAVLENT N0. DISTRICT BOUNDARY N 1NE oma O' WE COLNTY RECORDER N THE COO n Of NVER5". STALE OF CALIFORNIA COLIRTY RECORDER DF ME nON DEEM PROPOSED BOUNDARY MAP Q:\ELSINORE \CFD 2006 -1 Summerly (Laing)\report\CFD Report 2006 -1 (Summerly) 17feb06.doc AGENDA ITEM NO. =- PAGE- `OF1`�'�`„ Community ►-DElltie- District No. 2000 -1 Of the City Of Lk. ►.1 -IO9re HARRIS t ASSOCIATES (Summerly) Pt f....AR `n L '" Co _ty OE RWAY.Ide. C-11rorN- REFERENCE THE RRERSWE COMITY ASYSSOR'S NAPS RIYw O In. FOR A DETAAED DESCRIPIWN O PARCEL LNES AND DOEN S (Lin us-now R TAX (M) 05_3m S-..: I Or I ta'AN 9Ww91L \w Iaa-. _ -- +.Ww.V.. Q:\ELSINORE \CFD 2006 -1 Summerly (Laing)\report\CFD Report 2006 -1 (Summerly) 17feb06.doc AGENDA ITEM NO. =- PAGE- `OF1`�'�`„ City of Lake Elsinore Exhibit `B" January 16, 2006 CFD No. 2006.1 (Summerly) Page B -1 Rate & Method of Apportionment RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006 -1 IMPROVEMENT AREA No.1 (SUMMERLY) A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) ( "CFD No. 2006 -1 (IA No. 1) ") and collected each Fiscal Year commencing in Fiscal Year 2006 -2007, in an amount determined through the application of this Rate and Method of Apportionment as described below. All of the real property in CFD No. 2006 -1 (IA No. 1), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006 -1 (lA No. 1): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2006 -1 (IA No. 1) or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006 -1 (IA No. 1) or any designee thereof of complying with disclosure requirements of the City, CFD No. 2006 -1 (IA No. 1) or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006 -1 (IA No. 1) or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006 -1 (IA No. 1) for any other administrative purposes of CFD No. 2006 -1 (IA No. 1), including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 Page 1 a� AGENDA ITE N0. PAGZ!!_ OF / ,i'- na City of Lake Elsinore CFD No. 20064 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-2 "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property, as determined in accordance with Section C.l .(b) below. "Authorized Facilities" means those authorized improvements, as listed in an exhibit to the Resolution of Formation. "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C.L(c) below. "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for Facilities, the Special Tax Requirement for Services as determined in accordance with Section I below, and providing for the levy and collection of the Special Taxes. "CFD No. 2006 -1" means City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly). "CFD No. 2006 -1 (IA No. 1)" means Improvement Area No. I of CFD No. 2006 -1 as identified on the boundary map for CFD No. 2006 -1. "CFD No. 2006 -1 (IA No. 1) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2006 -1 (IA No. 1) and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No. 2006 -1 (IA No. 1) under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the legislative body of CFD No. 2006 -1 (IA No. 1). "County" means the County of Riverside. "Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which the Final Subdivision was recorded on or before January I of the prior Fiscal Year and a building permit for new construction was issued on or before May I of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. I January 16, 2006 Page 2 d3 AGENDA ITEM N0. PAGE OF City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit `B" Rate & Method of Apportionment January 16, 2006 Page &3 "Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual lots for which building permits may be issued, or (ii) for condominiums, a final map, or portion thereof, approved by the City and a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2006 -1 (IA No. 1) Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction of one or more non - residential units or facilities has been issued by the City. "Outstanding Bonds" means all CFD No. 2006 -1 (IA No. 1) Bonds which are deemed to be outstanding under the Indenture. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2006 -1 (IA No. 1) that was owned by a property owner association, including any master or sub- association, as of January I of the prior Fiscal Year. "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2006 -1 (IA No. 1) owned by, irrevocably offered or dedicated to, or over, through or under which an easement for purposes of public use has been granted, to the federal government, the State, the County, the City, the Lake Elsinore Unified School District, or any local government or other public agency as of January I of the previous Fiscal Year, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) any property within the boundaries of CFD No. 2006 -1 (IA No. 1) that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. I Page 3 0?_3 AGENDA ITEM NO. PACE Zg? OF `%00 City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006 -1 (Summerly) Page B-4 Rate & Method of Apportionment "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City. "Resolution of Formation" means the resolution of formation for CFD No. 2006 -1 (IA No. 1). "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006 -1 (IA No. I) pursuant to the Act. "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year A0--1 for CFD No. 2006 -1 (IA No. 1) to: (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006- 1 (IA No. 1) Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006 -1 (IA No. 1) Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay a proportionate share of Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2006 -1 (IA No. 1) which are not exempt from the Special Tax for Facilities pursuant to law or Section E below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. I Page 4 AGENDA ITEM NO. PAGE 0/ City of Lake Elsinore CFD No. 2006.1(Summerly) Exhibit "B" Rate & Method of Apportionment "Trustee" means the trustee or fiscal agent under the Indenture. January 16, 2006 Page &5 "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006 -1 (IA No. 1) shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below. Residential Property shall be assigned to Land Use Classes I through 7 as listed in Table 1 below based on the Residential Floor Area for each unit. Non - Residential Property shall be assigned to Land Use Class 8. With respect to Residential Property, the Residential Floor Area shall be determined from the most recent building permit issued prior to the issuance of a Certificate of Occupancy for such Assessor's Parcel. C. MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No. 2006 -1 (IA No. 1) Bonds, the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council, the "Goals and Policies ") calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's maximum level objective set forth in such document, the Assigned Special Tax for Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced to the amount necessary to satisfy the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A ". 1. Developed Property (a) Maximum Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Facilities or (ii) the amount derived by application of the Backup Special Tax for Facilities. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 Page 5 a AGENDA ITEM NO. PAGEl j2 2-- 0 F- N.i' N"de .0�_ City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006 -1 (Summery) Page B-6 Rate & Method of Apportionment (b) Assigned Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1. TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No. 2006 -1 Fiscal Year 2006 -2007 (c) Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Backup Special Tax for Facilities attributable to a Final Subdivision will equal $18,348, multiplied by the Acreage of all Taxable Property, exclusive of any Taxable Property Owner Association Property and Taxable Public Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessor's Parcels for which building permits for residential construction have or may be issued (i.e., the number or residential lots). The Backup Special Tax for Facilities for each Assessor's Parcel of Non - Residential Property therein shall equal $18,348, multiplied by the Acreage of such Assessor's Parcel. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 Page 6 AGENDA ITEM Nd. PAGE -DF City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006- 1(Summerly) Page B-7 Rate & Method of Apportionment If a Final Subdivision includes Assessor's Parcels of Taxable Property for which building permits for both residential and non - residential construction may be issued, exclusive of Taxable Property Owner Association Property and Taxable Public Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor's Parcels of property for which building permits for non - residential construction may be issued. Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor's Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision, then the Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below. The Backup Special 'Tax for Facilities previously determined for an Assessor's Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated. 1. Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area, as reasonably determined by the CFD Administrator. The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied. (d) Release of Obligation to Pay and Disclose Backup Special Tax All Assessor's Parcels within CFD No. 2006 -1 (IA No. 1) will be relieved simultaneously and permanently from the obligation to pay and disclose the backup Special Tax if the CFD Administrator determines that the annual debt service required for the Outstanding Bonds, when compared to the Assigned Special taxes that may be levied against all Assessor's Parcels of Developed Property results in 110% debt service coverage (i.e., the Assigned Special Taxes that may be levied against all Developed Property in each remaining Fiscal Year based on then existing development in CFD No. 2006 -1 (IA No. 1) is at Ieast equal to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds). City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 Page 7 AGENDA ITEM NO. PAGE City of Lake Elsinore CFD No. 2006 -1 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-8 (e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities, identified in Table I above, and Backup Special Tax for Facilities shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year. (f) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. Taxable Property Owner Association Property Taxable Public Property, and Undeveloped Property The Fiscal Year 2006 -2007 Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $18,348 per Acre and shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2006 -2007 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as follows: First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessor's Parcel; City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. I January 16, 2006 Page 8.3 AGENDA ITEM N0. City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006.1(Summerly) Page B -9 Rate & Method of Apportionment Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; (ii) all authorized CFD No. 2006 -1 (IA No. 1) Bonds have already been issued or the City Council has covenanted that it will not issue any additional CFD No. 2006 -1 (IA No. 1) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006 -1 (IA No. 1). E. EXEMPTIONS No Special Tax for Facilities shall be levied on up to 25.1 Acres of Property Owner Association Property and /or Public Property in CFD No. 2006 -1 (IA No. 1). Tax - exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property or Public Property, its tax- exempt status will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. F. MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006 -1 (IA No. 1) may directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 *.RO+ Page 9 1-23 AGENDA ITEM NO. PAGE I�OF15:7 City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit `B" Rate & Method of Apportionment G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: January 16, 2006 Page &10 "Buildout" means, for CFD No. 2006 -1 (IA No. 1), that all expected building permits have been issued. "CFD Public Facilities" means either $18,635,000 in 2006 dollars, which shall increase by the Construction Inflation Index on July 1, 2007, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be provided by CFD No. 2006 -1 (IA No. 1) under the authorized bonding program for CFD No. 2006 -1 (IA No. 1), or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2006 -1 (IA No. 1) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above. "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of CFD Public Facilities. "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct CFD Public Facilities eligible under the Act. "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. 1. Prepayment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 Page 10 AGENDA ITEM N0. PAGE.P— If -7--., City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit `B" Rate & Method of Apportionment January 16, 2006 Page B -11 may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006 -1 (IA No. 1) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount shall be calculated as follows: Paraeraph No.- 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No. 2006 -1 (IA No. 1) based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No. 2006 -1 (IA No. 1), excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No. 2006 -1 (IA No. 1), excluding any Assessor's Parcels which have been prepaid. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount "). City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 *"./ Page I I AGENDA ITEM N0. PAGE L� 0 F L T,� City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006- 1(Summerly) Page &12 Rate & Method of Apportionment S. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100 %), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium "). 6. Compute the current Future Facilities Costs. 7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount "). 8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds. 9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 10. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount "). 12. The administrative fees and expenses of CFD No. 2006 -1 (IA No. 1) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006 -1 (IA No. 1) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses "). 13. The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture). 14. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the "Capitalized Interest Credit "). City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 Page 12 2 AGENDA ITEM NO- -a l PAGE %D OF `� City of Lake Elsinore Exhibit `B" January 16, 2006 CFD No. 2006- 1(Summerly) Page B -13 Rate & Method of Apportionment 15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount "). From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No. 2006 -1 (IA No. 1) Bonds or make debt service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2006 -1 (IA No. 1). The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006 -1 (IA No. 1) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2006 -1 (IA No. 1) Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as determined under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the City'Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No. 2006 -1 (IA No. 1) (after excluding 25.1 Acres of Property Owner Association Property and /or Public Property in CFD No. 2006 -1 (IA No. 1) as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds. 2. Prepayment in Part The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1; except that a partial prepayment shall be calculated according to the following formula: City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 Page 13 AGENDA ITEM N0. .23 PAGE &0 OF /-` City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit "B" Rate & Method of Apportionment PP = [(PE — A) x F] + A These terms have the following meaning: January 16, 2006 Page B-14 PP = the partial prepayment. PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G.1. F = the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities. A = the Administrative Fees and Expenses calculated according to Section G.1. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G.1, and (ii) indicate in the records of CFD No. 2006 -1 (IA No. 1) that there has been a partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such Assessor's Parcel pursuant to Section D above. H. TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2006 -2007, provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006 -1 (lA No. 1) Bonds have been paid; (ii) all Authorized Facilities have been acquired and all reimbursements to the developer have been paid; and (iii) all other obligations of CFD No. 2006 -1 (IA No. 1) have been satisfied. I. SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May I preceding the Fiscal Year in which the Special Tax for Services is being levied. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 Pa e 14 a3 AGENDA FEM N0. PAGE�OF City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006.1(Summerly) Page B -15 Rate & Method of Apportionment "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No. 2006 -1 (IA No. 1) in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006 -1 (IA No. 1) for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2006 -1 (IA No. 1) pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No. 2006 -1 (IA No. 1) equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) pay a proportionate share of Administrative Expenses, and (iii) anticipated Special Tax for Services delinquencies based on the delinquency rate for the Special Tax for Services levy in CFD No. 2006 -1 (IA No. 1) for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2006 -2007 and for each subsequent Fiscal Year, the City Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2006 -2007 shall be $246.84 per Developed Single Family Unit, $123.42 per Developed Multifamily Unit, and $555.90 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2007, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. City Lake Elsinore '"w h' January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) ??� Improvement Area No. 1 Page 15, v� AGENDA �M No OF�L�LH P�� City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit "B" Rate & Method of Apportionment 3. Collection of the Special Tax for Services January 16, 2006 Page &16 The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006 -1 (IA No. 1) may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. J. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006 -1 (IA No. 1). The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the City Council shall be final and binding as to all persons. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 Page 16 j�3 AGENDA ITEM NO City of Lake Elsinore CFD No. 2006.1 (Summerly) Exhibit "B" Rate & Method of Apportionment EXHIBIT A January 16, 2006 Page B-17 CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. I January 16, 2006 Page 17 A3 AGENDA ITEM j/NO. .�. City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-18 CITY OF LAKE ELSINORE AND CFD No. 2006-1 (1A No. 1) CERTIFICATE 1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and City of Lake Elsinore Community Facilities District No. 2006 -1 ( "CFD No. 2006 -1 (IA No. 1) ") hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 1): (a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No. 2006 -1 (IA No. 1) shall be modified as follows: (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 1), as stated in Section C.L(c), shall be reduced from $18,348 per Acre to $ per Acre. (c) The Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property within CFD No. 2006 -1 (IA No. 1), as stated in Section C.2, shall be reduced from $18,348 per Acre to $ per Acre. 2. The Special Tax for Facilities may only be modified prior to the first issuance of CFD No. 2006- 1 (IA No. 1) Bonds. 3. Upon execution of the Certificate by the City of Lake Elsinore and landowner(s), the City shall cause an amended notice of Special Tax lien for CFD No. 2006 -1 (IA No. 1) to be recorded reflecting the modifications set forth herein. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 Pa e 1gg a3 AGENDA 1TEl 1`%t% PAGE—ZL.�LOF_L City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006 -1 (Summerly) Page &19 Rate & Method of Apportionment By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CID No. 2006 -1 (IA No. 1), receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate. CITY OF LAKE ELSINORE By: CID Administrator Landowner(s) By: Date: Date: City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 1 January 16, 2006 AGENDA PAGEjOFIL City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006 -1 (Summerly) Page B -20 Rate & Method of Apportionment RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006 -1 IMPROVEMENT AREA No. 2 (SUMMERLY) A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) ( "CFD No. 2006 -1 (IA No. 2) ") and collected each Fiscal Year commencing in Fiscal Year 2006 -2007, in an amount determined through the application of this Rate and Method of Apportionment as described below. All of the real property in CFD No. 2006 -1 (IA No. 2), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006 -1 (IA No. 2): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2006 -1 (IA No. 2) or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006 -1 (IA No. 2) or any designee thereof of complying with disclosure requirements of the City, CFD No. 2006 -1 (IA No. 2) or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006 -1 (IA No. 2) or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006 -1 (IA No. 2) for any other administrative purposes of CFD No. 2006 -1 (IA No. 2), including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 Page 20 , AGENDA ITEM NO. pAC,E ZLZ OF�� City of Lake Elsinore Exhibit " 8" January 16, 2006 CFD No. 2006 -1 (Summerly) Page 8-21 Rate >>< Method of Apportionment "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property, as determined in accordance with Section C. L(b) below. "Authorized Facilities" means those authorized improvements, as listed in an exhibit to the Resolution of Formation. "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C.L(c) below. "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for Facilities, the Special Tax Requirement for Services as determined in accordance with Section I below, and providing for the levy and collection of the Special Taxes. "CFD No. 2006 -1" means City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly). "CFD No. 2006 -1 (IA No. 2)" means Improvement Area No. 2 of CFD No. 2006 -1. as identified on the boundary map for CFD No. 2006 -1. "CFD No. 2006 -1 (IA No. 2) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2006 -1 (IA No. 2) and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No. 2006 -1 (IA No. 2) under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the legislative body of CFD No. 2006 -1 (IA No. 2). "County" means the County of Riverside. "Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 .NO Page 21 AGENDA ITEM NO. '93 PACE %/,r?-OF �J`�_ .0--- City of Lake Elsinore CFD No. 2006 -1 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B -22 "Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual lots for which building permits may be issued, or (ii) for condominiums, a final map, or portion thereof, approved by the City and a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2006 -1 (IA No. 2) Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction of one or more non - residential units or facilities has been issued by the City. "Outstanding Bonds" means all CFD No. 2006 -1 (IA No. 2) Bonds which are deemed to be outstanding under the Indenture. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2006 -1 (IA No. 2) that was owned by a property owner association, including any master or sub - association, as of January 1 of the prior Fiscal Year. "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2006 -1 (IA No. 2) owned by, irrevocably offered or dedicated to, or over, through or under which an easement for purposes of public use has been granted, to the federal government, the State, the County, the City, the Lake Elsinore Unified School District, or any local government or other public agency as of January I of the previous Fiscal Year, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) any property within the boundaries of CFD No. 2006 -1 (IA No. 2) that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 Page 22 AGENDA ITEM N0. a 3 PAGE F15 J �.., City of Lake Elsinore CFD No. 2006.1 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-23 "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City. "Resolution of Formation" means the resolution of formation for CFD No. 2006 -1 (IA No. 2). "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006 -1 (IA No. 2) pursuant to the Act. "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No. 2006 -1 (IA No. 2) to: (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006- 1 (IA No. 2) Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006 -1 (IA No. 2) Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay a proportionate share of Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2006 -1 (IA No. 2) which are not exempt from the Special Tax for Facilities pursuant to law or Section E below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 Page 23 AGENDA ITEM N0. o22i PAGE ..rr' 1..I City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page &24 "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006 -1 (IA No. 2) shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below. Residential Property shall be assigned to Land Use Classes I through 7 as listed in Table 1 below based on the Residential Floor Area for each unit. Non - Residential Property shall be assigned to Land Use Class 8. With respect to Residential Property, the Residential Floor Area shall be determined from the most recent building permit issued prior to the issuance of a Certificate of Occupancy for such Assessor's Parcel. C. MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No. 2006 -1 (IA No. 2) Bonds, the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council, the "Goals and Policies ") calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's maximum level objective set forth in such document, the Assigned Special Tax for Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced to the amount necessary to satisfy the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A ". I. Developed Properiy (a) Maximum Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Facilities or (ii) the amount derived by application of the Backup Special Tax for Facilities. (b) Assigned Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 Page 24 AGENDA ITEM N0. PAGE Z 0F1&7_-- City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006.1(Summerly) Page B -25 Rate & Method of Apportionment TABLE 1 non Assigned Special Tax for Facilities for Developed Property Community Facilities District No. 2006 -1 Fiscal Year 2006 -2007 (c) Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Backup Special Tax for Facilities attributable to a Final Subdivision will equal $17,533, multiplied by the Acreage of all Taxable Property, exclusive of any Taxable Property Owner Association Property and Taxable Public Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessor's Parcels for which building permits for residential construction have or may be issued (i.e., the number or residential lots). The Backup Special Tax for Facilities for each Assessor's Parcel of Non-Residential Property therein shall equal $17,533, multiplied by the Acreage of such Assessor's Parcel. If a Final Subdivision includes Assessor's Parcels of Taxable Property for which building permits for both residential and non - residential construction may be issued, exclusive of Taxable Property Owner Association Property and Taxable Public Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor's Parcels of property for which building permits for non - residential construction may be issued. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 Page 25 AGENDA ITEM NO. PAGE,,,,?OF City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006 -1 (Summerly) Page &26 Rate & Method of Apportionment Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor's Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision, then the Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities previously determined for an Assessor's Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated. Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area, as reasonably determined by the CFD Administrator. 3. The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied. (d) Release of Obligation to Pay and Disclose Backup Special Tax All Assessor's Parcels within CFD No. 2006 -1 (IA No. 2) will be relieved simultaneously and permanently from the obligation to pay and disclose the backup Special Tax if the CFD Administrator determines that the annual debt service required for the Outstanding Bonds, when compared to the Assigned Special taxes that may be levied against all Assessor's Parcels of Developed Property results in 110% debt service coverage (i.e., the Assigned Special Taxes that may be levied against all Developed Property in each remaining Fiscal Year based on then existing development in CFD No. 2006 -1 (IA No. 2) is at least equal to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds). (e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities, identified in Table 1 above, and Backup Special Tax for Facilities shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to 10„ two percent (2 %) of the amount in effect for the previous Fiscal Year. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 Page 26 AGENDA ITEM NO. PAGE/ OF� City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006- 1(Summerly) Page &27 Rate & Method of Apportionment (f) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Taxable Property Owner Association Property Taxable Public PMperty. and Undeveloped Property The Fiscal Year 2006 -2007 Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $17,533 per Acre and shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2006 -2007 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement for Facilities and Ievy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as follows: First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 ,fir January 16, 2006 '"of Page 27 ? ? AGENDA ITEM NO. pq l2 OF /^ City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit `B" Rate & Method of Apportionment January 16, 2006 Page &28 Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; (ii) all authorized CFD No. 2006 -1 (IA No. 2) Bonds have already been issued or the City Council has covenanted that it will not issue any additional CFD No. 2006 -1 (IA No. 2) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006 -1 (IA No. 2). E. EXEMPTIONS No Special Tax for Facilities shall be levied on up to 22.1 Acres of Property Owner Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 2). Tax - exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property or Public Property, its tax - exempt status will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. F. MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006 -1 (IA No. 2) may directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: "Buildout" means, for CFD No. 2006 -1 (IA No. 2), that all expected building permits have been issued. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 Page 28 AGENDA ITEM NO. a� PAGE 1Z OF'� City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006- 1(Summerly) Page B -29 Rate & Method of Apportionment "CFD Public Facilities" means either $17,030,000 in 2006 dollars, which shall increase by the Construction Inflation Index on July 1, 2007, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be provided by CFD No. 2006 -1 (IA No. 2) under the authorized bonding program for CFD No. 2006 -1 (IA No. 2), or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2006 -1 (IA No. 2) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above. "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of CFD Public Facilities. "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct CFD Public Facilities eligible under the Act. -"me "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. 1. Prepayment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006 -1 (IA No. 2) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): City Lake Elsinore h' January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 Page 29 AEENDA ITEM NO. PAGE /2.jrg� OF � /- /'` City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit `B" Rate & Method of Apportionment Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Special Tax for Facilities Prepayment Amount January 16, 2006 Page B -30 As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount shall be calculated as follows: Paraerauh No.: Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of Undeveloped Property for which a building pen-nit has been issued, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No. 2006 -1 (IA No. 2) based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No. 2006 -1 (IA No. 2), excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No. 2006 -1 (IA No. 2), excluding any Assessor's Parcels which have been prepaid. 4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount "). 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100 %), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium "). 6. Compute the current Future Facilities Costs. 7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount "). City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 Page 30 �3 AGENDA ITEM N0. PAGE. --DFji�2— City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006- 1(Summerly) Page B -31 Rate & Method of Apportionment 8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds. 9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 10. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount "). 12. The administrative fees and expenses of CFD No. 2006 -1 (IA No. 2) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006 -1 (IA No. 2) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses "). 13. The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture). 14. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the "Capitalized Interest Credit "). 15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount "). From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No. 2006 -1 (IA No. 2) Bonds or make debt service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2006 -1 (IA No. 2). City Lake Elsinore NOW h' January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 Page 31 a ?� AGENDA ITEM NO. PAGE 12W OF /^ 1#0" City of Lake Elsinore CFD No. 2006.1(Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page &32 The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006 -1 (IA No. 2) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2006 -1 (IA No. 2) Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as determined under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No. 2006 -1 (IA No. 2) (after excluding 22.1 Acres of Property Owner Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 2) as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds. 2. Prepayment in Part The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1; except that a partial prepayment shall be calculated according to the following formula: PP = [(PE — A) x F] + A These terms have the following meaning: PP = the partial prepayment. PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G.1. F = the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities. A = the Administrative Fees and Expenses calculated according to Section G.1. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 Page 32 a 3 ACENDA ITEM N0. PACE I =OF City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006.1(Summerly) Page B-33 Rate & Method of Apportionment Section G.1, and (ii) indicate in the records of CFD No. 2006 -1 (IA No. 2) that there has been a partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such Assessor's Parcel pursuant to Section D above. H. TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2006 -2007, provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006 -1 (IA No. 2) Bonds have been paid; (ii) all Authorized Facilities have been acquired and all reimbursements to the developer have been paid; and (iii) all other obligations of CFD No. 2006 -1 (IA No. 2) have been satisfied. I. SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No. 2006 -1 (IA No. 2) in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006 -1 (IA No. 2) for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2006 -1 (IA No. 2) pursuant to the Act to fund the Special Tax Requirement for Services. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 V Page 33 AGENDA ITEM No. PAGE /&Q OF /S7 _ City of Lake Elsinore CFD No. 2006- 1(Summery) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page &34 "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No. 2006 -1 (IA No. 2) equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) pay a proportionate share of Administrative Expenses, and (iii) anticipated Special Tax for Services delinquencies based on the delinquency rate for the Special Tax for Services levy in CFD No. 2006 -1 (IA No. 2) for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2006 -2007 and for each subsequent Fiscal Year, the City Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2006 -2007 shall be $246.84 per Developed Single Family Unit, $123.42 per Developed Multifamily Unit, and $555.90 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2007, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006 -1 (IA No. 2) may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. J. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006 -1 (IA No. 2). The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the City Council shall be final and binding as to all persons. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 Page 34 3 AGENDA ITEM NO.— pAcE _8j_OF!.5-Z-..- City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006- 1(Summerly) Page &35 _ Rate & Method of Apportionment EXHIBIT A CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 Pa e 5 ' AGENDA ITEN� - ` PAGE,= /-� - -• I-,-I ,el-- City of Lake Elsinore CFD No. 20064 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-36 CITY OF LAKE ELSINORE AND CFD No. 2006 -1 (IA No. 2) CERTIFICATE 1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and City of Lake Elsinore Community Facilities District No. 2006 -1 ( "CFD No. 2006 -1 (IA No. 2) ") hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 2): a. The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No. 2006 -1 (IA No. 2) shall be modified as follows: b. The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 2), as stated in Section C.L(c), shall be reduced from $17,533 per Acre to $ per Acre. c. The Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property within CFD No. 2006 -1 (IA No. 2), as stated in Section C.2, shall be reduced from $17,533 per Acre to $ per Acre. 2. The Special Tax for Facilities may only be modified prior to the first issuance of CFD No. 2006- 1 (IA No. 2) Bonds. 3. Upon execution of the Certificate by the City of Lake Elsinore and landowner(s), the City shall cause an amended notice of Special Tax lien for CFD No. 2006 -1 (IA No. 2) to be recorded reflecting the modifications set forth herein. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 January 16, 2006 Page 36 AGENDA ITEM NO. PACE 43-3 OF City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006- 1(Summerly) Page B-37 Rate & Method of Apportionment By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2006 -1 (IA No. 2), receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate. CITY OF LAKE ELSINORE By: CFD Administrator Landowner(s) By: Date: Date: City of Lake Elsinore January 16, 2006 *"001 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 2 Pape � 37 AGENDA ITEM N0• - PAGE � � OF- ,i', ,1� ,^ City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page 8-38 RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2006 -1 IMPROVEMENT AREA No. 3 (SUM[MERLY) A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) ( "CFD No. 2006 -1 (IA No. 3) ") and collected each Fiscal Year commencing in Fiscal Year 2006 -2007, in an amount determined through the application of this Rate and Method of Apportionment as described below. All of the real property in CFD No. 2006 -1 (IA No. 3), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is.not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2006 -1 (IA No. 3): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2006 -1 (IA No. 3) or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2006 -1 (lA No. 3) or any designee thereof of complying with disclosure requirements of the City, CFD No. 2006 -1 (IA No. 3) or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006 -1 (IA No. 3) or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2006 -1 (IA No. 3) for any other administrative purposes of CFD No. 2006 -1 (IA No. 3), including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 Pa ee���8 d ENDA ITEl hlfi. City of Lake Elsinore CFD No. 2006.1(Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B -39 "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax for Facilities" means the Special Tax for Facilities for each Land Use Class of Developed Property, as determined in accordance with Section C. L(b) below. "Authorized Facilities" means those authorized improvements, as listed in an exhibit to the Resolution of Formation. "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C. L(c) below. "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for Facilities, the Special Tax Requirement for Services as determined in accordance with Section I below, and providing for the levy and collection of the Special Taxes. "CFD No. 2006 -1" means City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly). "CFD No. 2006 -1 (IA No. 3)" means Improvement Area No. 3 of CFD No. 2006 -1. as identified on the boundary map for CFD No. 2006 -1. "CFD No. 2006 -1 (IA No. 3) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2006 -1 (IA No. 3) and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No. 2006 -1 (IA No. 3) under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the legislative body of CFD No. 2006 -1 (IA No. 3). "County" means the County of Riverside. "Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association Property, for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 Page 39 AGENDA ITEM N0. °23 PAS / ka of N.,/ s^ City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006 -1 (Summerly) Page B40 Rate & Method of Apportionment "Final Subdivision" means (i) a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates individual lots for which building permits may be issued, or (ii) for condominiums, a final map, or portion thereof, approved by the City and a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2006 -1 (IA No. 3) Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Non- Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction of one or more non - residential units or facilities has been issued by the City. "Outstanding Bonds" means all CFD No. 2006 -1 (IA No. 3) Bonds which are deemed to be outstanding under the Indenture. "Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2006 -1 (IA No. 3) that was owned by a property owner association, including any master or sub - association, as of January I of the prior Fiscal Year. "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section D below. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2006 -1 (IA No. 3) owned by, irrevocably offered or dedicated to, or over, through or under which an easement for purposes of public use has been granted, to the federal government, the State, the County, the City, the Lake Elsinore Unified School District, or any local government or other public agency as of January 1 of the previous Fiscal Year, provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) any property within the boundaries of CFD No. 2006 -1 (IA No. 3) that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 Page 40 Iq AGENDA ITEM NO. PACE 1,25-2-01'If-1— City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit "S" Rate & Method of Apportionment January 16, 2006 Page B41 "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area for an Assessor's Parcel shall be made by reference to the building permit(s) issued for such Assessor's Parcel. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction thereon of one or more residential dwelling units has been issued by the City. "Resolution of Formation" means the resolution of formation for CFD No. 2006 -1 (IA No. 3). "Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006 -1 (IA No. 3) pursuant to the Act. "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property to fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No. 2006 -1 (IA No. 3) to: (i) pay debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2006- 1 (IA No. 3) Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2006 -1 (IA No. 3) Bonds due in the calendar year commencing in such Fiscal Year; (iii) pay a proportionate share of Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property; less (vii) a credit for funds available to reduce the annual Special Tax for Facilities levy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2006 -1 (IA No. 3) which are not exempt from the Special Tax for Facilities pursuant to law or Section E below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 ppage 41� AGENDA ITEM N0. ppalZ OF Lwn N"We City of Lake Elsinore CFD No. 2006.1 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-42 "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Property Owner Association Property, or Taxable Public Property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2006 -1 (IA No. 3) shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below. Residential Property shall be assigned to Land Use Classes 1 through 7 as listed in Table I below based on the Residential Floor Area for each unit. Non - Residential Property shall be assigned to Land Use Class 8. With respect to Residential Property, the Residential Floor Area shall be determined from the most recent building permit issued prior to the issuance of a Certificate of Occupancy for such Assessor's Parcel. C. MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFD No. 2006 -1 (IA No. 3) Bonds, the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council, the "Goals and Policies ") calculated pursuant to the Goals and Policies based upon the Assigned Special Tax for Facilities on Developed Property exceeds the City's maximum level objective set forth in such document, the Assigned Special Tax for Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced to the amount necessary to satisfy the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A ". Developed Property (a) Maximum Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Facilities or (ii) the amount derived by application of the Backup Special Tax for Facilities. (b) Assigned Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities for each Land Use Class is shown below in Table 1. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 Page 42 AGENDA nW N0. PACE /3� OF /S7 City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit "B" Rate & Method of Apportionment TABLE 1 Assigned Special Tax for Facilities for Developed Property Community Facilities District No. 2006 -1 Fiscal Year 2006 -2007 January 16, 2006 Page B-43 (c) Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Backup Special Tax for Facilities attributable to a Final Subdivision will equal $18,718, multiplied by the Acreage of all Taxable Property, exclusive of any Taxable Property Owner Association Property and Taxable Public Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number of Assessor's Parcels for which building permits for residential construction have or may be issued (i.e., the number or residential lots). The Backup Special Tax for Facilities for each Assessor's Parcel of Non-Residential Property therein shall equal $18,718, multiplied by the Acreage of such Assessor's Parcel. If a Final Subdivision includes Assessor's Parcels of Taxable Property for which building permits for both residential and non - residential construction may be issued, exclusive of Taxable Property Owner Association Property and Taxable Public Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor's Parcels of property for which building permits for non - residential construction may be issued. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 P�age 43 4;U AGENDA ITEM NO. pACE1 c �OFS% � U City of lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006.1(Summerly) Page B44 �.., Rate & Method of Apportionment Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor's Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision, then the Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities previously determined for an Assessor's Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated. 1. Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification. 2. The result of paragraph 1 above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area, as reasonably determined by the CFD Administrator. 3. The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied. (d) Release of Obligation to Pay and Disclose Backup Special Tax All Assessor's Parcels within CFD No. 2006 -1 (IA No. 3) will be relieved simultaneously and permanently from the obligation to pay and disclose the backup Special Tax if the CFD Administrator determines that the annual debt service required for the Outstanding Bonds, when compared to the Assigned Special taxes that may be levied against all Assessor's Parcels of Developed Property results in 110% debt service coverage (i.e., the Assigned Special Taxes that may be levied against all Developed Property in each remaining Fiscal Year based on then existing development in CFD No. 2006 -1 (IA No. 3) is at least equal to the sum of (i) the Administrative Expenses and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds). (e) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for Facilities The Fiscal Year 2006 -2007 Assigned Special Tax for Facilities, identified in Table 1 above, and Backup Special Tax for Facilities shall increase thereafter, commencing on July 1, 2007 and on July I of each Fiscal Year thereafter, by an amount equal to /,,,\ two percent (2 %) of the amount in effect for the previous Fiscal Year. City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 44 �3 AGENDA ITEM. PAGE LV-LoF L Sr� City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006- 1(Summerly) Page B45 Rate & Method of Apportionment (f) Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Taxable Property Owner Association Property Taxable Public Property and Undeveloped Property The Fiscal Year 2006 -2007 Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $18,761 per Acre and shall increase thereafter, commencing on July 1, 2007 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the Maximum Special Tax for Facilities in effect for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2006 -2007 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as follows: First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned Special Tax for Facilities; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Facilities for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax for Facilities up to the Maximum Special Tax for Facilities for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 AGENDA 1-1009045�- 1./` City of Lake Elsinore CFD No. 2006 -1 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-46 Notwithstanding the above, the City Council may, in any Fiscal Year, levy Proportionately less than 100% of the Assigned Special Tax for Facilities in step one (above), when (i) the City Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; (ii) all authorized CFD No. 2006 -1 (IA No. 3) Bonds have already been issued or the City Council has covenanted that it will not issue any additional CFD No. 2006 -1 (IA No. 3) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized Facilities have been constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006 -1 (IA No. 3). E. EXEMPTIONS No Special Tax for Facilities shall be levied on up to 19.2 Acres of Property Owner Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 3). Tax - exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should an Assessor's Parcel no longer be classified as Property Owner Association Property or Public Property, its tax- exempt status will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Tax for Facilities under this section shall be subject to the levy of the Special Tax for Facilities and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. F. MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2006 -1 (IA No. 3) may directly bill the Special Tax for Facilities, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. G. PREPAYMENT OF SPECIAL TAX FOR FACILITIES The following additional definitions apply to this Section G: "Buildout" means, for CFD No. 2006 -1 (IA No. 3), that all expected building permits have been issued. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 Page 46 071�1 AGENDA ITEM NO- PACE �F_____L.. City of Lake Elsinore CFD No. 2006.1 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-47 "CFD Public Facilities" means either $16,410,000 in 2006 dollars, which shall increase by the Construction Inflation Index on July 1, 2007, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be provided by CFD No. 2006 -1 (IA No. 3) under the authorized bonding program for CFD No. 2006 -1 (IA No. 3), or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more CFD No. 2006 -1 (IA No. 3) Bonds (except refunding bonds) to be supported by the Special Tax for Facilities levy under this Rate and Method of Apportionment as described in Section D above. "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus (i) public facility costs previously paid from the Improvement Fund, (ii) moneys currently on deposit in the Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance the cost of CFD Public Facilities. "Improvement Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct CFD Public Facilities eligible under the Act. "Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. 1. Prepayment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to pay the Special Tax for Facilities may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No. 2006 -1 (IA No. 3) Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture. The Special Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): City of Lake Elsinore January 16, 2006 Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 Page 47 NINO AGENDA ITEM N0. °?3 PAGE /Y F�„� City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006- 1(Summerly) Page 13-48 Rate & Method of Apportionment Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Special Tax for Facilities Prepayment Amount As of the proposed date of prepayment, the Special Tax for Facilities Prepayment Amount shall be calculated as follows: Paragraph No.- Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No. 2006 -1 (IA No. 3) based on the Developed Property Special Tax for Facilities which could be levied in the current Fiscal Year on all expected development through Buildout of CFD No. 2006 -1 (IA No. 3), excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Backup Special Tax for Facilities at Buildout for the entire CFD No. 2006 -1 (IA No. 3), excluding any Assessor's Parcels which have been prepaid. 4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute the amount of Previously Issued Bonds to be retired and prepaid (the "Bond Redemption Amount "). Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100 %), if any, on the Previously Issued Bonds to be redeemed (the "Redemption Premium "). 6. Compute the current Future Facilities Costs. 7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount "). City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 Page 48 ACENDA PT1EM NO. PAGE OF City of Lake Elsinore Exhibit "B" January 16, 2006 CFD No. 2006.1 (Summerly) pie g -09 Rate & Method of Apportionment Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Previously Issued Bonds. 9. Determine the Special Tax for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 10. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses (defined below) from the date of prepayment until the redemption date for the Previously Issued Bonds to be redeemed with the prepayment. 11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount "). 12. The administrative fees and expenses of CFD No. 2006 -1 (IA No. 3) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2006 -1 (IA No. 3) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses "). 13. The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Previously Issued Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture). 14. If any capitalized interest for the Previously Issued Bonds will not have been expended as of the date immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund or account under the Indenture after such first interest and/or principal payment (the "Capitalized Interest Credit'). 15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Special Tax for Facilities Prepayment Amount'). From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire CFD No. 2006 -1 (IA No. 3) Bonds or make debt City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 rn Page 49� AGENDA M �• ---- P OF .— A*-- City of Lake Elsinore CFD No. 2006.1 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-50 service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund. The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2006 -1 (IA No. 3). The Special Tax for Facilities Prepayment Amount may be insufficient to redeem a full $5,000 increment of CFD No. 2006 -1 (IA No. 3) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2006 -1 (IA No. 3) Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax for Facilities levy as determined under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Special Tax for Facilities and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax for Facilities shall cease. Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed unless, at the time of such proposed prepayment, the amount of Maximum Special Tax for Facilities that may be levied on Taxable Property within CFD No. 2006 -1 (IA No. 3) (after excluding 19.2 Acres of Property Owner Association Property and/or Public Property in CFD No. 2006 -1 (IA No. 3) as set forth in Section E) both prior to and after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds. 2. Prepayment in Part The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1; except that a partial prepayment shall be calculated according to the following formula: PP = [(PE — A) x F] + A These terms have the following meaning: PP = the partial prepayment. PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G.1. F = the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities. A = the Administrative Fees and Expenses calculated according to Section G.1. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 AGENDA ITEVIIW. 50 -�3 pAaE IV —oF -L-ZZ City of Lake Elsinore CFD No. 2006 -1 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page &51 The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City Council shall (i) distribute the funds remitted to it according to Section G.1, and (ii) indicate in the records of CFD No. 2006 -1 (IA No. 3) that there has been a partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax for Facilities, shall continue to be levied on such Assessor's Parcel pursuant to Section D above. H. TERM OF SPECIAL TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2006 -2007, provided however that the Special Tax for Facilities will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2006 -1 (IA No. 3) Bonds have been paid; (ii) all Authorized Facilities have been acquired and all reimbursements to the developer have been paid; and (iii) all other obligations of CFD No. 2006 -1 (IA No. 3) have been satisfied. I. SPECIAL TAX FOR SERVICES The following additional definitions apply to this Section I: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services" means the maximum Special Tax for Services that can be levied by CFD No. 2006 -1 (IA No. 3) in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2006 -1 (IA No. 3) for any Fiscal Year to pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 AGENDA ITEId�APbSI pAGEZt City of Lake Elsinore CFD No. 2006.1 (Summerly) Exhibit "B" Rate & Method of Apportionment "Service Area" means parks, open space, and storm drains. January 16, 2006 Page B-52 "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2006 -1 (IA No. 3) pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No. 2006 -1 (IA No. 3) equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) pay a proportionate share of Administrative Expenses, and (iii) anticipated Special Tax for Services delinquencies based on the delinquency rate for the Special Tax for Services levy in CFD No. 2006 -1 (IA No. 3) for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2006 -2007 and for each subsequent Fiscal Year, the City Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2006 -2007 shall be $246.84 per Developed Single Family Unit, $123.42 per Developed Multifamily Unit, and $555.90 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2007, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the City Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006 -1 (IA No. 3) may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 AGENDA fiN a. J- PAGE14�LOF L.5 City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit "B" Rate & Method of Apportionment J. APPEALS AND INTERPRETATIONS January 16, 2006 Page &53 Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit a written appeal to CFD No. 2006 -1 (IA No. 3). The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the City Council shall be final and binding as to all persons. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 Page 53 AGENDA ITEM N0. PACE ��OF i -../ City of Lake Elsinore CFD No. 2006- 1(Summerly) Exhibit "B" Rate & Method of Apportionment EXHIBIT A January 16, 2006 Page &54 CERTIFICATE TO AMEND SPECIAL TAX FOR FACILITIES City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 Page 54 ,AGENDA ITEM N0. 10�3 PAGE—ZO OF U, City of Lake Elsinore CFD No. 2006 -1 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page B-55 CITY OF LAKE ELSINORE AND CFD No. 2006 -1 (IA No 3) CERTIFICATE 1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore and City of Lake Elsinore Community Facilities District No. 2006 -1 ( "CFD No. 2006 -1 (IA No. 3) ") hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 3): (a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No. 2006 -1 (IA No. 3) shall be modified as follows: 1 Residential Property More than 3,649 sq. ft. $ per unit 2 Residential Property 3,350 — 3,649 sq. ft. $ per unit 3 Residential Property 3,050 — 3,349 sq. ft. $ per unit 4 Residential Property 2,750 — 3,049 sq. ft. $ per unit 5 Residential Property 2,450 — 2,749 sq. ft. $ per unit 6 Residential Property 2,150 — 2,449 sq. ft. $ per unit 7 Residential Property Less than 2,150 sq. ft. $ per unit 8 Non - Residential Property NA $ per Acre (b) The Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2006 -1 (IA No. 3), as stated in Section C.L(c), shall be reduced from $18,718 per Acre to $ per Acre. (c) The Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property within CFD No. 2006 -1 (IA No. 3), as stated in Section C.2, shall be reduced from $18,761 per Acre to $ per Acre. 2. The Special Tax for Facilities may only be modified prior to the first issuance of CFD No. 2006- 1 (IA No. 3) Bonds. 3. Upon execution of the Certificate by the City of Lake Elsinore and landowner(s), the City shall cause an amended notice of Special Tax lien for CFD No. 2006 -1 (IA No. 3) to be recorded reflecting the modifications set forth herein. City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 1.001 N%WW Page 55 AGENDA ITEM NO. A3 PACE Z$2,,,�OF —�57 ... City of Lake Elsinore CFD No. 20064 (Summerly) Exhibit "B" Rate & Method of Apportionment January 16, 2006 Page &56 By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and CFD No. 2006 -1 (IA No. 3), receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate. CITY OF LAKE ELSINORE By: CFD Administrator Landowner(s) By: Date: Date: City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Improvement Area No. 3 January 16, 2006 Page 56 �3 AGENDA NO. PACE 1, OF• lS��� City of Lake Elsinore CFD No. 2006.1(Summerly) EXHIBIT "C" Property Owner List City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) Property Owner List Proposed CFD Boundary Comprised of the Following Lot Numbers in Tract No. 31920 -1 Lots 2 through 11, Lots 13 through 17, and Lots 20 through 26 All property owned by Laing CP Lake Elsinore February 17, 2006 Page G1 AGENDA ITEM N0. PAM /5rO0 O � N N � �a R P LL m m W t as E o c U) W� 0 j N J O oZ k° U U w w X cc fZ lk, Wr u N 00 00 a 64 O OL .. T 00 •y y v O d ° c5 0 0 w a 0 oU m c� o d Q o 7�! " d a0i x v as cj ¢ co b tj d o d d E" d 0" �a C7wZ�J AGENDA rMM NO. p , OF O 00 O vl sr O N N O N t— O w O h 4R O, T N v1 — o 0 O M �o V ° N 00 N~ N .�- N M N 0000 ~ F N in c N eC V 69 69 69 69 69 !� 69 64 69 Cr9 69 fA 69 6ri ►'7 y N C O M M 00 N N M C� N 00 as N 6A 6A 64 69 69 69 6A 0% 69 69 0% 6A 69 69 as O O O O h 7 N� N M O O O O 11 y r 0 M O N M V N N rn N vl h .-• M Ol N M 'O C M M q N 00 O 6~ a�Nt N 64 69 64 64 69 64 64 64 69 69 6A 69 6A 69 O N O hItt O N N O N v1 O O N o t� IO C� V: N V1 : V: O O M p 0 N O M �p N Oi M ON 'aN y M n M V N _N M ..r 'n V ^+ N ON N f/i 69 69 6R 69 69 69 64 64 61!31 64 6A 64 69 O 'a O %n O N N O �R t� O\ 'V• N vt 00 O O vl v, th M �O oo N C ri \G N a, N N * tG ~ p I yth •--� vl 00 v1 vi ~ M .--� N �o ~ N 00 O\ avow 64 6A 69 64 6A 64 69 64 6R 65 64 64 69 6) O O O vl V O N N O N �D O O O. lD t� 0+ V N v) �O O O N o n O N O h N O ri `G N� ON N N 7 y t'n - 000 M M N 00 v1 ^0 tn M to ~ N O W, .aVMGS "' 6A to 64 6H 69 to 69 69 6s 64 6H 64 64 64 O 0 0 h V O N N O r~ O O \0 0 Oh 00 � O O M \C N °� W) C4 N V W) T h Vl ON ce G M 00 k --' M N O ~ M I� C M W ~ ^ eq i a Q E 69 65 tl3 69 64 64 64 64 64 64 6A 69 65 69 E N H t 'F1 U N •cOc � N y el _ o 4O. r, o V vn O r. o c U E o Z ° U a s O 5qU yZAv�v� -W A ~ I�1 •�1 ° lC C CN �O t" "" N o U .. U .aa ¢ v 00 00 C N N T 0 O N _ c4 N N rn .� '� d 'y Z Z v ° Y [� ayyi o aWi W wwC-4o)q°w ° E= H . A A A m � ? E ow3 . ° 3 o U 3 5 o] v abi d N o x �. V d N y .D w 0 0 b 0 0 0 0 M. U V a w xx°aZ mF'-" uGV u^u0a.a`0. E°¢ N 00 00 a 64 O OL .. T 00 •y y v O d ° c5 0 0 w a 0 oU m c� o d Q o 7�! " d a0i x v as cj ¢ co b tj d o d d E" d 0" �a C7wZ�J AGENDA rMM NO. p , OF to N O N y �a t0 �L d 1L H m ra W S m E 7 o s c NJ tD yo Y O cc N J C oZ �LL U U d X cc H V tg W �+ O w O V1 O N N ON t- O O O v •`�r w S N N N a O� I .M�r M [� N o0 p � a V N a V 69 69 69 69 69 69 69 69 Vi 69 69 69 69 69 O N 'D O V7 I O N N O N b O O 00 �D t- p V' N n •-+ V) O O [� o n p N ON N N C M ,O N .may, y N "? t� M 7 - N 000 VN r- M 00 N N h M p C r V• N 00 av -6e N 69 69 69 69 69 69 69 69 69 69 69 69 69 69 O O O ul V O N N OC-4 O O 7 N �D h M O C O O kn O N M N O M N N •N� h N N y 0\ 00 C M V1 en O\ N M N b O a I �6oq 00 tV 69 69 69 69 60S 69 64 64 4/3 69 69 69 69 69 Ch O IR n N 0N kn S S t, C� V1 V O M O\ N •N� M NV M O a1 M r• N V) M C3 p D, --� tV O% 6s N 69 6i 69 643 Vi 69 69 69 69 V% V% 6R 69 69 Ch S S n� S N N h N 0 S S V• 00 ul O M M S DD N O M �p N N N O+ 't O- O� IT h M ^' M •-• N �o 00 w C OC C 0 [� Wt '"' N T co in = 69 69 69 69 69 69 69 69 69 69 69 61 69 69 .--i O O 'n 7 o N CJ O N �o O o N o 6o% N t- o O vi S N N C rn �C N D\ N 00 N� y H M Cr, kn V1 V' .�. ^ M M N 00 'o V) U h � N O a M 69 M 69 69 69 60) 69 69 69 69 69 69 69 69 69 69 V V V S C, n 1 S N S S p S o V n M O O M, 7 ," to, rz 00 - M O W '. M O t n ... 0 65 GE 69 69 69 69 69 69 69 69 69 69 69 69 69 69 �L"r 0 S N U O N w 0 4. N rn c to I"'' Dt ° v N w w � p4"4 •.Vr ai A u �� X X 4 q y A N A p Z( F Cl 3 v .-� o ° U o° ayi z a�i d A U S � q 05 23 d O to " o A o'" o � oU U o 3 ay 3ami ¢N ° � 23 0ti o m O > U 00 v 9 0 c 0 p o 0 N N . c iEv w 0 0 y 5 G G o o to V x O Z Z F 0 o WPM W xAA 0 dtn 0 .a o a c c c . � U U a o `~' n. b O 10» O tncnA °� N^ww3No v ax dd x d > CL v L t`i d 0 nE E E .0 '" O O v 0 0 0 0 C y° `° 0 F. b ° p •� O U U 3 B xx �Z m �0-+ 3 .� L'' o 0 0 0 �° o h•i a w co F. GZwUUCJ wUw`wa (-°d C7wz AGENDA REM NNo.. d,3 PA�+E„�,..` -Zf M f Cl V N ti N �a R a m LL m i1�f i m E o = c •N � W O Y O N J C oZ v U V d cc W l6 H CD 7 w O 00 O v) '7 O N Cl O `D O, N kn ^" O O O [- O y Op .�-•. N O M N N N W O\ 1- q M l� N 00 O h N 7 N l\ .r ra V N v 69 �, s t ss vi 6s 6q sv ua 64 bs es sir es O �o O v1 O N N O N 'o O O r- N 00 ID r� �C O1 V N In �--� Vl O O [� O h N CD N N N N ONO h 17 N N�o O M .-r M 00 N N M s C C� N 00 0 N 69 69 69 69 69 69 69 64 69 6s Cos 69 Vi 69 Os d O O O N ' N O ' N .M p o �o O O O O l� N 0 r O fO1+1 N O M �D N O� N N h dt N N cs rn N1 O� vl kn •-+ M ON N M �O C O M M N 00 cs In avInt� N 69 69 69 69 69 69 69 64 69 69 69 6s 69 69 as O N p vn d' p N N p N V1 O O N o R O t-- �o 1- �o ON It N " .r Cl O M O N Q O O O M b N N N _M N '7 M y M N M °� M -+ N Vl M V U to N 69 69 69 69 V) 69 69 6s 69 69 69 69 6s 69 O V O v1 ct O N N O N N 0 0 — o R to 0� IR r 1p O� V N h 7 00 O O v) O M M O 00 rO O M �O 'd' ON V1 (V O 6 O �/) � a0 h N •-• N .�. N M^ N� 0000 ..-i N C00 H V) ^+ N cr avow kn M 69 69 69 69 69 69 69 bs 69 69 69 69 69 69 00 O —• O v1 �t O N N O N �o p o N o 69 ea O a\ %D r- b C, N W) y O Oi oo C m �O 4 Oi vi N cV N t y W r N �-+ N 7 N M M N o0 'd OQ kn M Vj •-� N O �Uv°n 69 69 69 64 69 69 69 69 bs bs 69 6s 69 69 V V O O O -n O N N O M p O �o o �. O v1 �o ll D` d' N V) M O O a, O M y ti CN O vl O O M �o O, V) N_ �-+ N O N 0000 O� b 00 ¢ h b VOl � oo0 M -+ N N M d' N O ~ 4s 0 Cal t7 pop M kn .r M w U twn °' L .-1 � 69 i0 ° 69 6s 69 69 69 (A 69 69 65 6) 6) 6) 6s 69 a � U O C,4 ° O 6 y _ _ 0 N w p w w o U N W W M1wi M ... n a�i �W s a� O O 3 .a •y T� . A �:� a+> ' z GtomC . •C0 /v Q1 r 0 >,op .o O . o_°` cw U i� ° o vzAO ~w N y N A U u E ° ~ ~ .a e 'U iy Z m rnU 'G O W o nd 3 v 33u Q U m o o .r C� Q fnr O nt pUp ,� W «t O U U O O° W 0, U o; bU to .5 N `x° a cd W W 00 W N A A cds d p n 0 a> `^ a> cO� o a is p o Ya cxa i o 14 a "a 73 U U o x d oa A v N w o o g v o o 0 0 a' N n� f o Ao xx.°�Z Ant = www H¢ 0wz�D AGENDA ITEM N0. PAGE/5 7_OF/5? CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: PUBLIC HEARING - FORMATION OF CFD 2006 -3 (LA STRADA) BACKGROUND On January 24, 2006, the City adopted a resolution of intention to form Community Facilities District (CFD) 2006 -3 (La Strada) and a resolution of intention to incur bonded indebtedness to finance the facilities. 1-1-1 DISCUSSION The developer has requested that the public hearing for this matter be continued to the March 28, 2006, City Council Meeting. The developer is expecting changes to the development plan and marketing strategy that may affect the facilities to be funded and the special taxes to be levied in the proposed Community Facilities District. The developer would like the additional time to discuss these potential changes and there impacts with the City's Finance Team. FISCAL IMPACT The administrative cost of forming the district incurred by the City will be paid by the $50,000 deposit made by the developer. 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. The City will, however, be faced with a long -term obligation going forward to r' maintain the City public facilities constructed as part of the development. PAGE___ OF REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 RECOMMENDATION This is an advertised Public Hearing. The following is recommended to the City Council: 1. Open the Public Hearing 2. Continue the Public Hearing to March 28, 2006 PREPARED BY: APPROVED FOR AGENDA BY: 4& Poe I - - -ez MATT N. PRESSEY DIRECTOR OF ADM TRATIVE SERVICES ACPER'S OFFICE o?q . . AGENDA tMM NO. PAGE C OF off-- — %4001 r-- TO: FROM: DATE: CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL CHAIRMAN AND REDEVELOPMENT AGENCY ROBERT A. BRADY, CITY MANAGER FEBRUARY 28, 2006 SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2005 -059 ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 APPLICANT: - CORMAN LEIGH COMMUNITIES, 32823 HIGHWAY 79 SOUTH, TEMECULA, CALIFORNIA 92592 REQUEST: The applicant requests approval of: ■ Mitigated Negative Declaration No. 2005 -05 ■ Zone Change No. 2005 -02 ■ Tentative Tract Map No. 33468 LOCATION: The project is located in the northern section of the City of Lake Elsinore. The site is generally located northeast of Zieglinde Drive and northwest of Machado Street (APN's 379 -150 -001, 002, 041, 042, 043, and 044). The project is not located within a Redevelopment Project Area. BACKGROUND: At their regular meeting of January 17, 2006, the Planning Commission recommended adoption and approval of the following: AGENDA ITEM N0. WS' PAGE i REPORT TO CITY COUNCIL FEBRUARY 28, 2006 Page 2 of 3 0 • Resolution No. 2006 -07 recommending that the City Council adopt Mitigated Negative Declaration/Mitigation Monitoring Plan No. 2005 -05; and • Resolution No. 2006 -08 recommending City Council approval of Zone Change No. 2005 -02; and • Resolution No. 2006 -09 recommending City Council approval of Tentative Tract Map. No. 33486. DISCUSSION: The applicant spoke in agreement with the Staff Report and Conditions of Approval. Two neighbors raised questions that were answered by the applicant and Staff at the hearing (see Planning Commission Minutes). Upon deliberation the Planning Commission considered the questions and voted to recommend approval of the project to City Council. RECOMMENDATION: N"r The Planning Commission recommends that the City Council adopt and approve the following City Council Resolutions and Ordinance based on the Findings, Attachments "1" through "9" and the conditions of approval: ■ Resolution No. 2006- 3?> adopting Mitigated Negative Declaration/Mitigation Monitoring Plan No. 2005 -05. ■ Ordinance No. 2006 -ALI�Lapproving Zone Change No. 2005 -02. ■ Resolution No. 2006- Y4 approving Tentative Tract Map No. 33486 PREPARED BY: LINDA M. MILLER, AICP PROJECT PLANNER AGENDA ITEM NO. dY PAGE__ Z____pIr 4 1-} REPORT TO CITY COUNCIL FEBRUARY 28, 2006 Page 3 of 3 APPROVED FOR AGENDA BY: MANAGER'S O Y)CE CUTIVE DIRECT &' S OFFICE ATTACHMENTS: 1. Vicinity Map 2. City Council Resolution No. 2006- adoption of Mitigation Monitoring Plan No. 2005 -05. 3. City Council Ordinance No. 2006- approving Zone Change No. 2005- 02. 4. City Council Resolution No. 2006- approving Tentative Tract Map No. 33486. 5. Conditions of Approval. �^ 6. Planning Commission minutes from the hearing of January 17, 2006. 7. Planning Commission Staff Repot, Resolutions and Conditions of Approval of January 17, 2006. 8. Mitigated Negative Declaration No. 2005- 05/Mitigation Monitoring Plan No. 2005 -05 9. Color Exhibits (mounted on board, presented at Hearing). AGENDA iTEIRd NO. aS PAGE 3 OF. `�_ VICINITY MAP MITIGATED NEGATIVE DECLARATION NO. 2005 -05 ZONE CHANGE NO. 2005 -02 TENATIVE TRACT MAP NO. 33486 CITY COUNCIL FEBRUARY 28, 2006 AGENDA ITEM NO. cis PACE: 4 .emu 10-- RESOLUTION NO. 2006- Z3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION/ MITIGATION MONITORING PLAN NO. 2005 -05 FOR THE PROJECT KNOWN AS ZONE CHANGE NO. 2005-02 AND TENTATIVE TRACT MAP NO. 33486 WHEREAS, an application has been filed with the City of Lake Elsinore by Corman Leigh Communities to request approval of Mitigated Negative Declaration and Mitigation Monitoring Plan No. 2005 -05 for Zone Change No. 2005 -02 and Tentative Tract Map No. 33486; and WHEREAS, Mitigated Negative Declaration No. 2005 -05 and Mitigation Monitoring Plan has been prepared to evaluate environmental impacts resulting from the project; 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 both on December 20, 2005 and on February 28, 2006. "NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: "SECTION 1." The City Council has considered the proposed Mitigated Negative Declaration No. 2005 -07 and Mitigation Monitoring Plan. The City Council finds and determines that the project known as Zone Change No. 2005 -02 and Tentative Tract Map No. 33486 is consistent with all of the required procedures, policies, guidelines and provisions of the California Environmental Quality Act (CEQA). "SECTION 2." 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 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. AGENDA ITEM NO. o?S PAGE 5 OF `-q CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 2 "PASSED, APPROVED AND ADOPTED this 28h day of February, 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" UAlmiller \ALL FILES\Resolutions- Ordinances \2005 \CC RESO MND 2005 -05 Corman Leigh.doc AGENDA ITEM No. a� PAGE (o OF 4 _y ORDINANCE NO. 2006- ,L7 a2 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 PARCEL(S) SPECIFICALLY DESCRIBED 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) 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 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 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 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. AGENDA ITEM NO. 095 PACE -7 `f 4 CITY COUNCIL RESOLUTION NO. 2006-_ Page 2 of 2 "INTRODUCED AND APPROVED UPON FIRST READING this 28th day of February, 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" Wlmiller \ALL FILES \Resolutions - Ordinances \2005 \CC RESO ZC 2005 -02 Corman Leigh.doc AGENDA ITEM No._a -� PACE 16 OF V *ftr+ RESOLUTION NO. 2006- q A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 33486 LOCATED NORTHEAST OF ZIEGLINDE DRIVE AND NORTHWEST OF MACHADO STREET WHEREAS, an application has been filed with the City of Lake Elsinore by Corman Leigh Communities to request the approval of Tentative Tract Map No. 33486 for the establishment of a single family residential projects; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Tentative Tract Maps for single family residential projects; 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 both on December 20, 2005 and on January 17, 2006. "NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:" "SECTION 1." The City Council has considered the proposed request for Tentative Tract Map No. 33486 for single family residential development and has found it acceptable. The City Council finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA) and that Mitigated Negative Declaration No. 2005 -05 and Mitigation Monitoring Plan is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), which analyzes environmental effects of the project. "SECTION 2." 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 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. AGENDA ITE1W NO °ZS PACE q OF `1� CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 2 "PASSED, APPROVED AND ADOPTED this 28h day of February, 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" U:\Imiller \ALL FILES \Resolutions - Ordinances \2005 \CC RESO TTM 33486 Corman Leigh 2- 28- 06.doc AGENDA ITEM NO. a S PAGE l 0 OF `f �! CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 GENERAL CONDITIONS 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 Tentative Tract Map, 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. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, for filing of a Certification of Fee Exemption "De Minimis Impact Finding." in the amount of $64.00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing. 3. The applicant shall comply with those mitigation measures identified in the Mitigated Negative Declaration No. 2005 -05 /Mitigation Monitoring Plan. TENTATIVE TRACT MAP NO. 33486 4. The Tentative Tract Map will expire two (2) years from date of approval unless within that period of time CC &R's, if required, and 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. 5. The Tentative Tract 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 modified by approved Conditions of Approval. 6. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and recommended approval by the Planning Commission and approved by 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. 7. In the event an association or other legally responsible entity fail to maintain applicable improvements in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose alien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. Page 1 of 7 Agenda Item No. Page /l of C CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 8. Prior to construction of the proposed detention basin, a Fencing Plan shall be submitted for review and approval by the Planning Division. Prior to Final Map recordation, in the event that an LLMD or other acceptable entity is not formed, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded and funded in place. All Association documents shall be approved by the City and recorded, such as Articles of Incorporation for the Association, and Covenants, Conditions, and Restrictions (CC &R's). 10. Membership in the Home Owner's Association, if required, shall be mandatory for each buyer and any successive buyer. ADMINISTRATIVE SERVICES 11. 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 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 12. 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 Landscaping 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. N fir 13. Upon completion of the Fire Station Impact Study and other impact fee studies, Developer shall pay impact fee. 14. 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 Facility 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. ENGINEERING DIVISION General Requirements: 15. A grading plan signed and stamped by a Calif. 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. Page 2 of 7 Agenda Item No. °�`� Page 12 of `f 10"1 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 16. Prior to commencement of grading operations, if off -site soils transport is required, applicant to provide 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. 17. 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. 18. Tract Phasing Plan shall be approved by the City Engineer. Bond public improvements for each Phase as approved by the City Engineer. Secondary access shall be provided for each phase. 19. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 20. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 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. 21. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 22. The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 23. 19 Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 24. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 25. Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and /or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on -site or off -site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and /or a permission to drain letter from the affected landowner. 26. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. An access road for maintenance to detention /water quality basins shall be provided. Page 3 of 7 Agenda Item No. �S Page / 3 of CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 27. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ' /a" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 28. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 29. Street improvements including street lighting, traffic signals, and traffic signing and striping shall be required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and /or riverside county standards. 30. Street lighting and landscaping on public right -of -way shall be maintained by a maintenance assessment district. 31. All open space and slopes and detention basin shall be owned and maintained by an LLMD. If an LLMD or other appropriate entity cannot be formed, then maintenance shall be provided by a home owner's association. An access road for maintenance shall be provided. 32. 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, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 33. Protect palm trees in place, or contact the Community Services of City of Lake Elsinore for Palm Tree Preservation Program, LEMC 5.78 Ordinance 1044. 34. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 35. 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 Engineer. 36. Roof drains shall not be allowed to outlet directly through coring in the street curb. 37. Roofs should drain to a landscaped area. 38. Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. Page 4 of 7 �S Agenda Item No. -.nor Page / y of `f Y CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 39. 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 storm water quality in the Riverside county NPDES Drainage Area Management Plan. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 40. Applicant shall form or annex into an LLMD. If an LLMD or other appropriate entity cannot be formed, then the applicant shall record CC & R's for maintenance of, the detention basin and street lighting within the project. The CC & R's shall be approved by the Planning Director prior to recordation of final map. 41. 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. 42. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 43. 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. 44. Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 45. Some of the improvements shown on the Map and /or required by these conditions could be located off -site on property which neither the City nor the subdivider may have no title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall pay all costs for acquisition of title or interest. 46. A Calif. Registered Civil Engineer shall prepare street and drainage improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (L.EMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 47. Interior streets shall be dedicated and improved to public residential street standards (40'/60) or as shown in the map. 10011, Page 5 of 7 Agenda Item No. 1--Q15- Page / 57 of CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 48. Construct a traffic signal at Terra Cotta Road and Lakeshore Drive as required by the Traffic Study contained within the Mitigated Monitoring Program. Note that this location is covered under the TIF program. The applicant may ask for a reimbursement agreement subject to the approval of the City Engineer. 49. Construct half -width street improvements along the project frontage on Machado Street. The improvements include ac pavement, ac transitions, curb and gutter, sidewalk, street lighting, and signing striping. 50. Construct a paved pedestrian connection that provides access from Terra Cotta Road to the ac paved road at the northeast corner of the property. 51. Install survey monument at Terra Cotta Road and "A" Street. 52. Contribute on a fair share basis to the cost of traffic improvements as listed in Table 6 -1 of the Traffic Study prepared by Urban Crossroads dated October 10, 2005. Prior to Issuance of a Grading Permit: 53. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate increased in runoff, flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. *.NO, 54. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 55. An Alquist -Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 56. The applicant shall obtain all necessary off -site easements for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 57. Applicant to provide erosion control measures as part of their grading plan. The applicant shall 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. 58. 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 a SWPPP for post construction, which describes BMP's that will be implemented for the development and including maintenance responsibilities. Page 6 of 7 Agenda Item No. °CJ_ Page of g g CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, r-� TENTATIVE TRACT MAP NO. 33486 Prior to Issuance of Building Permit: 59. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 60. Street dedications and abandonment shall be processed and approved prior to building permit issuance. 61. 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 and specify the technical data for the water service at the location such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 62. Pay all Capital Improvement Mitigation and Plan Check fees (LEMC 16.34). 63. Pay the fair share cost of Traffic Improvements required in the traffic study. Prior to Occupancy: 64. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 65. 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. 66. 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 off -site improvements will be scheduled and approved. 67. All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 68. All traffic signing and striping shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 69. Water and sewer improvements shall be completed in accordance with Water District requirements. 70. The Traffic Signal at Terra Cotta Road and Lakeshore Drive shall be completed and in operation as required by the Traffic Study contained within the Mitigation Monitoring Program. Page 7 of 7 Agenda Item No. o?s Page / i of q,4 05/05/05 Riverside- County LMS _ 1 07:59 CONDI.TIONS.AF APPROVAL_ �e PATIO PERMIT Permit No: FIRECONDS Parcel: 10. GENERAL CONDITIONS FIRE DEPARTMENT 10- FIRE. 3 CASE - CITY CASE STATEMENT*DFIIXF'h With respect. to .the. conditions. of- approval- for the _ referenced_ project, . the . Fire_ Department _xe omc ds _the following,, fire rP prote-ct1 -on measures. be. provided .in- accordance :Frith.. 8iversS de .rauniy. Ord i n a ncsa s ..andlar recognized fire protection standards; 10.FIRE. 4 MAP - #50 -BLUE DOT REFLECTORS DRAFT Blue retrore £Iectiye_paxPmeat.markera..ahaLl he.mounted.on private streets,.. Public __qt reer - _-and. driueuta-ys_Lo._indinate _ location of-..fire hydrants..., -Prior ta. installation, .- placement _._ of markers must.. -be . approved_by _-the, .1 ive_raide.. County --pi re Department. 10.FIRE. 5 . MAP * -x#16- HYDRANT /SPACING DRAFT Schedule fire protection app -roved standard fire hydrants, (6 1'x4 "x2 1/2 ") located one at each street intersection- and' spaced- no--mare- than ITI) � feet apart in any direction;' with no portion of any-lot-frontage more than L�d teet -from a--hydrant. Minimum fire -fl'ow shall be �— GPM for -2hour - duration -at .ZU_pSi. "Shall. -- `include perimeterstree-rg at-•escir- intexuect -ian and - spac*e&- 6.6-0 feat apart. - 50. PRIOR TO MAP RECORDATION FIRE DEPARTMENT 50-FIRE. 1 MAP - #46 -WATER PLANS DRAFT The applicant-'or developer -shad- furnish'zone' copy of e water system Flails -to -the -Fire - DLpdrtmeTM -for review. Plane sha3'3 bd - srgned °by °'a registered civil engineer, containing a Fire -Depai-tmcnt -approval 'sz- gnat -Qre block, -arid shall conform - r-o hydrant- type, location,. spaeing and minimum fire flow. - Once -pka" -are -s-igned -by -the lacai- wafter company, -the originals, shall be._p- resented.. -ta the. Fizz Department - for -aisgnature . AGENDA ITEM NO. PAGE IS OF `F`f 05/05/05 Riverside County LMS Page: 2 07:59 CONDITIONS OF APPROVAL PATIO PERMIT Permit No: FIRECONDS Parcel: /^ 50. PRIOR TO MAP RECORDATION 50.FIRE. 2 MAP- #53- ECS -WTR PRIOR /COMBUS DRAFT Ecs map must_be. stamped by the .Riverside County -.Surveyor _ with the following note✓ - The..-re e i red. water. system, including f ix-e. _hydrants, shall_ be.. installed_ and, accepted by the appropriate water_agen .prior to any combustible,_ building material placed on an individual lot. 80. PRIOR TO BLDG PRMT ISSUANCE 01_. FIRE DEPARTMENT 80.FIRE. 1 MAP - #50C- TRACT WATER VERIFICA DRAFT The require-&_water_system, including all fire.hyd.rant(s), shall be inatallad._ and. meted _by__tlze_appr�}►r» *P_w3r[�r agency and_.the. Riverside- Couaty.,.Fire Department prior to any combustible..builcling matexial_.placed on an individual lot. Contact the Riverside- County.Fire Depar -tment to inspect the _xequir'ed fire. -f ow- _street $ianS.. _all weather surface,. and all access and /or secondary. Approved water plans must be a the job site. AGENDA ITEM NO. PAGE / 'q OF `F PAGE 5 - PLANNING COMMISSION MINUTES JANUARY 17, 2006 COUNCIL APPROVAL OF OMMERCIAL DESIGN .ter REVIEW NO. 2005 -07, FOR A "DRIVE- THROUGH FACILITY" LOCATED N PAD "7" OF PLANNING AREA 3, OF THE CA ON HILLS MARKET PLACE 7. Mitigated Negative Declaration No. 2005 -05, Zone Change No. 2005 -02 Tentative Tract Map No. 33486 Chairman O'Neal opened the Public Hearing at 6:15 p.m. Community Development Director Preisendanz provided a brief overview of the proposed project and requested Project Planner Miller review it with the Commission and answer questions. Project Planner Miller noted that the proposed project was continued at the Planning Commission Meeting on December 20, 2005. She stated that the applicant was requesting to subdivide 23 acres into 83 lots. She noted that two lots would remain the same size and one lot would be used as a detention basin. She detailed access streets. She noted that the location of the project was an infill lot that had been vacant for more than ten years. She noted a revised condition of approval with corrections provided to the Commission. David Leonard, 1223 University Ave. #240, Riverside, noted that Corman Leigh Communities was the applicant for the project. He stated that the applicant had been 1*40 working with six different property owners to consolidate the property into one land use plan. He noted compliance with the General Plan. He detailed the layout of the project and added easement area. He indicated that a block wall would be constructed at the rear of the property, 15 feet inside of that property to retain 25 foot access. He addressed circulation and access from Terra Cotta. He detailed the circulation design to avoid high speed traffic through the area. He noted the applicant's intent to extend Clement in order to finish the street off in the northern boundary. He addressed storms drains proposed from Clement to Machado. He addressed Condition No. 14 on page 15 of 23 regarding a Mello Roos CFD. He requested clarification as to if a creation of a Mello Roos CFD would be formed for this project; or if the project being annexed into a larger CFD in the area. He stated that he agreed with the remaining Conditions of Approval. He thanked staff for their efforts. Engineering Manager Seumalo noted that the intention of Condition No. 14 was to have a mechanism for the landscape maintenance. He noted that if the applicant desired to join an existing CFD for that maintenance, staff would be in concurrence with that. Cliff Davidson, 15026 Zieglinde Dr., Lake Elsinore, addressed easements, access from Terra Cotta and the sizes of the homes. Agenda Item No, Page Z 0 of 11 PAGE 6 - PLANNING COMMISSION MINUTES JANUARY 17, 2006 David Leonard explained that the ten foot easement from the fence line to the project property line could not accommodate the resident's traffic. He noted that the applicant was adding 15 feet from the property line to the wall. He indicated that the design of the map prohibits access from Terra Cotta. He stated that the lot sizes were 2100 to 3600 square feet with a mix of one and two story homes. Vincent Rogers, 16395 Broadway St, Lake Elsinore, questioned the Mitigated Negative Declaration (MND) and stated that it should have been an Environmental Impact Report (EIR) because the purpose of the R -E lots was for low density housing to minimize the impact on the environmentally sensitive area. He disagreed with increased traffic and speed. He stated that he would not be opposed to keeping the lots estate size. He questioned if the project would include sewer or septic systems. Project Planner Miller indicated that the General Plan was low /medium density, which brought the project into conformance. Community Development Director Preisendanz noted that the EIR in the General Plan- addressed the environmental impacts; therefore a mitigated negative declaration was sufficient to address those impacts. He stated that the General Plan for the project area was low /medium density, zoned R -E. He further noted that the zoning was being changed to R -1, which is consistent with the General Plan. He stated that the MND addressed the impacts and mitigated them to less -than significant, therefore an EIR was not required. Project Planner Miller stated that R -1 zoning allowed up to six dwelling units per acre and this project calculates to 3.5 dwelling units per acre, so it is below the maximum allowed units per acre. Dave Leonard stated that the project included sewer. Commissioner Gonzales asked when the traffic signal would go in at Terra Cotta drive. Engineering Manager Seumalo indicated that the traffic signal would go in at first certificate of occupancy. He indicated that the signal was traffic impact fee reimbursable. Vice Chairman Larimer stated that she did not like the smaller lot sizes near larger lots. Commissioner LaPere addressed Condition No. 14 on page 15 of 23 regarding Mello Roos. He confirmed that the applicant would join an existing CFD. He addressed the block wall design. Dave Leonard stated that the wall would conform to the City's policies regarding the design of the wall and it would be addressed at Design Review. Agenda Item No. �J f t Page Z- / of Lf t PAGE 7 - PLANNING COMMISSION MINUTES JANUARY 17, 2006 Commissioner LaPere addressed the storm drain connecting Clement St. and Machado. 1_� Dave Leonard explained that the storm drain would begin at Clement St. and runs down to Machado and then north along Machado. Commissioner LaPere clarified that the smallest lot size was 7,200 square feet and the largest lot size was 12,000 square feet. He noted that the City had a minimum required lot size of 6,000 square feet. He noted that the lot sizes and home sizes were reasonable. He further noted the extra effort the applicant had taken with the storm drains to control water; and the decorative block wall. He noted that the EIR was established and addressed the zone change from R -E to R -1. He stated that the applicant proposed 3.5 units per acre although 6 units per acre were allowed. He noted the developers efforts to placate the anxiety levels of the surrounding residents. He concurred with staff's recommendation. Chairman O'Neal reminded the Commissioners that the project included a tract map, zone change and mitigated negative declaration. There being no further business, Chairman O'Neal closed the Public Hearing at 6:45 p.m. MOVED BY LAPERE, SECONDED BY LARIMER AND PASSED BY A VOTE OF 4 -0 TO APPROVE RESOLUTION 2006 -07, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE -"OF ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF MITIGATED NEGATIVE DECLARATION/ MITIGATION MONITORING PLAN NO. 2005 -05 FOR THE PROJECT KNOWN AS ZONE CHANGE NO. 2005 -02 AND TENTATIVE TRACT MAP NO. 33486 MOVED BY GONZALES, SECONDED BY LAPERE AND PASSED BY A VOTE OF 3 -1, WITH LARIMER CASTING THE DISSENTING VOTE, TO APPROVE RESOLUTION 2006 -08, 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 ZONE CHANGE NO. 2005 -02 CHANGING THE ZONING DESIGNATION OF THE PARCEL(S) SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER'S 379 - 150 -001, 002, 041, 042, 043, & 044 FROM R -E (ESTATE SINGLE - FAMILY Agenda Item No. �J Page 7-2— of Y L/ PAGE 8 - PLANNING COMMISSION MINUTES JANUARY 17, 2006 RESIDENTIAL DISTRICT) TO R -1 (SINGLE- FAMILY RESIDENTIAL DISTRICT) UNDER THE ZONING ORDINANCE MOVED BY LAPERE, SECONDED BY GONZALES AND PASSED BY A VOTE OF 3 -1, WITH LARIMER CASTING THE DISSENTING VOTE, TO APPROVE RESOLUTION 2006 -09, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 33486 LOCATED NORTHEAST OF ZIEGLINDE DRIVE AND NORTHWEST OF MACHADO STREET INFORMATIONAL Community Development Director Preisendanz stated that the administrative review process for single family residences would be discussed at the next PAing Commission Meeting. Deputy City Attorney Miles noted that the Planning the options in which to present an amended admini further noted that the Municipal Code would be a the Planning Commission for approval. PLANNING COMMISSIONER COMME S Commissioner LaPere commented on the f lowin : n was going to seek direction for process to the City Council. He framed in a recommendation by • Thanked staff for their efforts; • Noted a developer's right to d reelo p their property. amissioner Gonzales commente on the following: • Noted the Joint Study S sion between the City Council, Plannin% Commission and GPAC regarding the Ge eral Plan Update on Thursday, January 19t . • Announced her resignation from the Planning Commission due to her husband's job relocation; Agenda Item No. 12J Page Z 3 of y 9 City Blake nsimte Planning Division 130 S. Man Street lake Elsinore, CA 92530 (909) 674 -3124 (909) 471 -1419 fax DATE: TO: FROM: PROJECT TITLE: APPLICANT: PROJECT REQUEST PLANNING COMMISSION STAFF REPOR T January 17, 2006 Rolfe Preisendanz, Director of Community Development Linda M. Miller, Project PIanner, AICP Mitigated Negative Declaration No. 2005 -05, Zone Change No. 2005 -02 and Tentative Tract Map No. 33486 Corman Leigh Communities, 32823 Highway 79 South, Temecula, California 92592 Attention: David Leonard • Mitigated Negative Declaration No. 2005 -05, The City of Lake Elsinore intends to adopt a Mitigated Negative Declaration (MND) pursuant to the Guidelines established by the California Environmental Quality Act (CEQA). • Zone Change No. 2005 -02. The applicant is requesting to change the existing zone of R -E (Estate Single- Family Residential District) to R -1 (Single - Family Residential District) bringing the property into conformance with the City of Lake Elsinore's General Plan. Review and analysis of the requested Zone Change is pursuant to Government Code Section (s) 65350 through 65362 and Chapter 17.92 (Hearings) of the Lake Elsinore Municipal Code (LEMC). • Tentative Tract Map No. 33468. The applicant is requesting approval to subdivide 23.46 acres into 83 single family residential lots pursuant to Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Chapter 17.23 (R -1 Single Family Residential District) of the LEMC, and Sections (s) 66424 and 66427 of the California Subdivision Map Act (CSMA). BACKGROUND The project contained herein was originally scheduled for the December 20, 2005 Planning Commission Meeting. In order to complete the mandatory public review period for Mitigated AGENDA ITEM NO. PAGE Z Y OF —Y L� _ _. 10^ PLANNING COMMISSION STAFF REPORT January 17, 2006 Page 2 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -053, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 Negative Declaration No. 2005 -05 as required under Section 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA), staff requested, with the consent of the applicant, that this item be continued to the January 17, 2006 Planning Commission Meeting. PROJECT LOCATION The project is located in the northern section of the City of Lake Elsinore. The site is generally located northeast of Zieglinde Drive and northwest of Machado Street (APN's 379- 150 -001, 002, 041, 042, 043, and 044). ENVIRONMENTAL SETTING Project Site Vacant R -E (Estate Single- Family Low Medium Residential District ) Density Northwest Residential R -1 (Single - Family Residential Low Medium Northeast Residential R -1 (Single- Family Residential Low Medium District) R -E (Estate Single- Density, Low Family Residential District), R -2 Density, (Medium Density Residential Medium High Southeast Residential /Church R -E (Estate Single - Family Medium High Residential District), R -2 Density (Medium Density Residential Southwest Residential R -E (Estate Single - Family Low Density Residential District 1 11 PROJECT DESCRIPTION ZONE CHANGE NO. 2005-05 The applicant is requesting to change the zone of the project site from R -E (Estate Single- Family Residential District) to R -1 (Single - Family Residential District). This change will bring the zoning designation into conformance with the General Plan Designation of Low Medium Density. The R -1 zone allows up to six (6) dwelling units per acre. The project proposes 3.54 dwelling units per acre. AGENDA ITEM N0. ,25- PAGE 2 OF. PLANNING COMMISSION STAFF REPORT January 17, 2006 Page 3 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -05, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 TENTATIVE TRACT MAP NO. 33486 The applicant is proposing to subdivide 23.46 acres into 83 single family residential lots. Eighty-one (81) of the lots range in size between 7,200 square feet and 12,166 square feet meeting the minimum lot size requirement of 6,000 square feet. The average lot size for the subdivision is 9,437 square feet. Two (2) existing residences will remain on Lot 44 (1.0 acres) and Lot 82 (1.36 acres). A detention basin will be constructed on Lot 42. Access There are two (2) primary access routes to the new development, Machado Street, to the northeast and Terra Cotta Road to the northwest. A third access is provided with a connection to Clement Street, to the north of the project. Machado Street is designated as a Major Highway with an ultimate right of way of one hundred feet (100. Terra Cotta Road and Clement Street are both designated as local roads with sixty foot (60) right of ways. ENVIRONMENTAL DETERMINATION The proposed Mitigated Negative Declaration No. 2005 -05 has been prepared pursuant to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA). Based on staff's evaluation, the proposed project will not result in any significant effect on the environment. Further, pursuant for Section 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA), the intended Mitigated Negative Declaration was submitted to the State Clearinghouse on December 16, 2005 for the required 30 day review period, which will end on January 24, 2006, prior to City Council consideration. ANALYSIS Staff has determined that the proposed Zone Change will bring the property into conformance with the General Plan, and supports this request. Further, staff found that with the recommended Conditions of Approval, the Tentative Tract Map is consistent with the requirements of the Lake Elsinore Municipal Code (LEMC) and the Subdivision Map Act. As proposed the Tentative Tract Map will provide residential development to an infill area that has been vacant for over ten (10) years and will provide needed improvements to the area including roadway and signalization improvements. Finally, Mitigated Negative Declaration No. 2005 -05 has been prepared in accordance with CEQA Guidelines in that the environmental document included herein has sufficiently evaluated the impacts of the project and has identified mitigation measures that will reduce those impacts to less than significant. AGENDA ITEM NO. �1)5— PAGE 7(a OF Y cF PLANNING COMMISSION STAFF REPORT January 17, 2006 101. Page 4 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -05, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 STAFF RECOMMENDATION Staff recommends that Planning Commission adopt Resolution No. 2006----, recommending City Council adoption of Mitigated Negative Declaration / Mitigation Monitoring Plan No. 2005 -05; adopt Resolution No. 2006 -_ recommending City Council approval of Zone Change No. 2005- 02; and adopt Resolution No. 2006 -_ recommending City Council approval of Tentative Tract Map No. 33486 based on the following Findings, Exhibits and attached Conditions of Approval. FINDINGS — ZONE CHANGE NO. 2005-02 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analysed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the trafic impacts of the proposed density. Staff, concluded, based on the Traffic Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of the mitigations and conditions of approval placed on this project as well as the ultimate goals and objectives of the General Plan Circulation Element. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested amendment to the General Plan Land Use Map and the corresponding Zone Change, allowing the development of the future condominium project is consistent with GOAL 7.0 of the General Plan Housing Element, obligating the City to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore': FINDINGS — MITIGATED NEGATIVE DECLARATION NO. 2005 -05 1. Revision in the project plans or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigated the effects to a point where clearly no significant effects would occur; and The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the pr jest to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. AGENDA ITEM N0. -Q �5M PAGE Z 1 OF ti `F PLANNING COMMISSION STAFF REPORT January 17, 2006 Page 5 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -05, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Plan. FINDINGS — TENTATIVE TRACT MAP NO. 33486 The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. 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 pr ject as designed assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1. 0, Land Use Element) as well provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 1. 0, Housing Element) 2. The effects this project 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. Considering theects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore, providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufcient funds to underwrite the long-term affordability of an equivalent number of redevelopment project areas 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. PREPARED BY: Linda M. Miller, AICP, Project Planner APPROVED BY: Rolfe Preisendanz, Director of Community Development AGENDA ITEM N0. PAGE Z Of `/ `f rn PLANNING COMMISSION STAFF REPORT January 17, 2006 Page 6 of 6 PROJECT TITLE: MITIGATED NEGATIVE DECLARATION NO. 2005 -05, ZONE CHANGE NO. 2005 -02, AND TENTATIVE TRACT MAP NO. 33486 ATTACHMENTS 1. Exhibit `A' Vicinity Map 2. Exhibit `B' Reduction of Tentative Tract Map No. 33486 3. Exhibit `C' Mitigated Negative Declaration No. 2005 -05 /Mitigation Monitoring Plan 4. Exhibit `D' Full sized Tentative Tract Map No. 33486/Zone Change Exhibit 5. Exhibit `E' Full sized color Tentative Tract Map No. 33486 (Presented at the Hearing) AGENDA ITEM NO. °?` ;— _ PAGE 2 41 OF `t `F VICINITY MAP TENTATIVE TRACT MAP NO. 33486 ZONE CHANGE NO. 2005 -02 �mmm mm m� mm m� ■�i i • �i X111 ���II PLANNING COMMISSION t PROJECT SITE AGENDA ITEM N0. PACE 3 0 0 `f ...re r RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF MITIGATED NEGATIVE DECLARATION/ MITIGATION MONITORING PLAN NO. 2005 -05 FOR THE PROJECT KNOWN AS ZONE CHANGE NO. 2005 -02 AND TENTATIVE TRACT MAP NO. 33486 WHEREAS, an application has been filed with the City of Lake Elsinore by Corman Leigh Communities to request approval of Mitigated Negative Declaration No. 2005 -05 and Mitigation Monitoring Plan for Zone Change No. 2005 -02 and Tentative Tract Map No. 33486; and WHEREAS, Mitigated Negative Declaration No. 2005 -05 and Mitigation Monitoring Plan has been prepared to evaluate environmental impacts resulting from the project; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendation to the City Council for the adoption of Mitigated Negative Declaration / Mitigation Monitoring Plan No. 2005 -05; 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 both on December 20, 2005 and January 17, 2006; and WHEREAS, a Notice of Intent to Adopt (NOD has been filed with the Office of Planning and Research and the County of Riverside Clerk of said applications, and the Planning Division has requested a public review period of said document, from December 16, 2005 to January 24, 2006; and WHEREAS, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: Mitigated Negative Declaration No. 2005 -05 and Mitigation Monitoring Plan has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements. The report is complete and adequate in it's evaluation of all environmental effects and associated discretionary approvals, and will not result in any significant environmental affects with mitigation measures of the project known as Corman Leigh Communities based on the following findings; FINDINGS MITIGATED NEGATIVE DECLARATION NO. 2005-05 �., 1. Revision in the project plans or proposal made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would AGENDA ITEM N0. r-2r , PACE OF '4f _ J PLANNING COMMISSION RESOLUTION FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05 Page 2 of 2 avoid the effects or mitigated the effects to a point where clearly no significant effects would occur; and The applicant has made revisions to the project or has agreed to specific conditions which would avoid the ey'rects or mitigate the effects of the project to a point where no sign ficant eects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project WWII not have a sign ficant effect on the environment considering the applicable Conditions ofApproval and Mitigation Monitoring Plan. WHEREAS, the Planning Commission recommends to the City Council that it finds that Mitigated Negative Declaration No. 2005 -05 and Mitigation Monitoring and Reporting Program is complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. NOW, THEREFORE, 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 certify Mitigated Negative Declaration /Mitigation Monitoring Plan No. 2005 -05. Michael O'Neal, Chairman Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 17, 2006 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Rolfe Preisendanz, Secretary to the Planning Commission AGENDA ITEM PAGEF `f 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 ZONE CHANGE NO. 2005 -02 CHANGING THE ZONING DESIGNATION OF THE PARCEL(S) SPECIFICALLY DESCRIBED 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) 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 has been delegated with the responsibility of making recommendations to the City Council for changes to the approved Zoning Map; 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 both on December 20, 2005 and January 17, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered Zone Change No. 2005 -02, prior to making a decision to recommend that the City Council approve the proposed amendment to the Zoning Map.. The Planning Commission finds and determines that Mitigated Negative Declaration/ Mitigation Monitoring Plan No. 2005 -05 is adequate and prepared in accordance with the requirements'' of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the. proposed project, based upon the following'findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code the following findings for the approval of Zone Change No. 2005 -05 have been made as follows: FINDINGS — ZONE CHANGE NO. 2005-02 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. AGENDA ITEM N0. a5 PAC E__,3___OF Y 4 PLANNING COMMISSION RESOLUTION FOR ZONE CHANGE NO. 2005-02 Page 2 of 2 The propared Zone Change has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by stafrelates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic IVact Deport, that the Level of Service for the intersections in the Study .Area will not be degraded as a result of the mitigations and conditions of approval placed on this prnject as well as the ultimate goals and objectives of the General Plan Circulation Element. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC) Based on its analysis, staff bas concluded that the requested amendment to the General Plan Land Use Map and the corre bonding Zone Change, allowing the development of the future condominium project is consistent with GOAL 1.0 of the General Plan Hou ing Element, obligating the City to provide "decent housing opportunities and a satisfying living environment for rrsidents of Lake Elsinore NOW, THEREFORE, 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 Zone Change No. 2005 -02. 1../ Michael O'Neal, Chairman .wool Lake Elsinore Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 17, 2005 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Rolfe Preisendanz, Secretary to the Planning Commission AGENDA ITEM NO. PAGE 3 Y OF y y RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL . OF TENTATIVE TRACT MAP NO. 33486 LOCATED NORTHEAST OF ZIEGLINDE DRIVE AND NORTHWEST OF MACHADO STREET WHEREAS, an application has been filed with the City of Lake Elsinore by Corman Leigh Communities to request the approval of Tentative Tract Map No. 33486 for the establishment of a single family', residential projects; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Tract Maps for single family residential projects; 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 both on December 20, 2005 and January 17, 2006; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with �—� the responsibility of recommending approval for Tentative Tract Maps. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Tentative Tract Map No. 33486 for single family residential development and has found it acceptable. The Planning Commission finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA) and that Mitigated Negative Declaration No. 2005 -05 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), which analyzes environmental effects of the project, based upon the following findings and determinations: SECTION 2. That in accordance with the Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA) and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), the following findings for the approval of the tentative tract map has been made as follows: FINDINGS TENTATIVE TRACT MAP NO. 33486 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). AGENDA ITEM NO. °? � PAGE 3 S OF__y y PLANNINCOMMISSION RESOLUTION FOR TENTATIVE TRACT MAP NO. 33486 Page 2 of 2, The prnje%t as designed assists in achieving the development of a well- balanced and functional mix of residential, commerzi 1, indu trial, open space, recreational and institutional land uses (GOAL 1. 0, Land Use Element) as wellprot a decent housing opportunities and a satisfying living environment for re idents of Lake Elsinore (GOAL j1.0, Housing Element) 2. The effects this project 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. Consideri Ig the ffects this project is 6key to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Like Elsinore, providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivaleni action which may include (without limitation) dedication of vacant land, construction of affordable units on anoth�r .rite, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordabilfty of an equivalent number of redevelopment project areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in ctny significant environmental impacts. NOX1, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsii1ore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of a Tentative Tz ct Map No. 33486. Michael O'Neal, Chairman Lake Elsinore Planning Commission I hereby cerpfy that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 17, 2006 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Rolfe Preiserdanz, Secretary to the Planning Commission AGENDA ITEM N0. S PACE 3, CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, �. TENTATIVE TRACT MAP NO. 33486 ,i-. GENERAL CONDITIONS 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 Tentative Tract Map, 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. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, for filing of a Certification of Fee Exemption "De Minims Impact Finding." in the amount of $64.00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing. The applicant shall comply with those mitigation measures identified in the Mitigated Negative Declaration No. 2005 -05 /Mitigation Monitoring Plan. TENTATIVE TRACT MAP NO. 33486 4. The Tentative Tract Map will expire two (2) years from date of approval unless within that period of time CC &R's, if required, and 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. 5. The Tentative Tract 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 modified by approved Conditions of Approval. 6. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and recommended approval by the Planning Commission and approved by 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. In the event an association or other legally responsible entity fail to maintain applicable improvements in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. Page 1 of 7 Agenda Item No. —2s— Page?? of Y CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 8. Prior to construction of the proposed detention basin, a Fencing Plan shall be submitted for review and approval by the Planning Division. 9. Prior to Final Map recordation, in the event that an LLMD or other acceptable entity is not formed, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded and funded in place. All Association documents shall be approved by the City and recorded, such as Articles of Incorporation for the Association, and Covenants, Conditions, and Restrictions (CC &R's). 10. Membership in the Home Owner's Association, if required, shall be mandatory for each buyer and any successive buyer. ADMINISTRATIVE SERVICES 11. 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 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 12. 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 Landscaping 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. -,/ 13. Upon completion of the Fire Station Impact Study and other impact fee studies, Developer shall pay impact fee. 14. 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 Facility 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. ENGINEERING DIVISION General Requirements: 15. A grading plan signed and stamped by a Calif. 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. Page 2 of 7 _25— Agenda Item No. ,%me Page ? 9 of Y Y CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005 -05, �., TENTATIVE TRACT MAP NO. 33486 16. Prior to commencement of grading operations, if off -site soils transport is required, applicant to provide 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. 17. 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. 18. Tract Phasing Plan shall be approved by the City Engineer. Bond public improvements for each Phase as approved by the City Engineer. Secondary access shall be provided for each phase. 19. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 20. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 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. 21. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. ,r1 22. The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 23. 19 Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 24. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 25. Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and /or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on -site or off -site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and /or a permission to drain letter from the affected landowner. 26. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. An access road for maintenance to detention /water quality basins shall be provided. �. Page 3 of 7 Agenda Item No. Page 3 5 of Y `F CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 r./ 27. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ' /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 28. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 29. Street improvements including street lighting, traffic signals, and traffic signing and striping shall be required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and /or riverside county standards. 30. Street lighting and landscaping on public right -of -way shall be maintained by a maintenance assessment district. 31. All open space and slopes and detention basin shall be owned and maintained by an LLMD. If an LLMD or other appropriate entity cannot be formed, then maintenance shall be provided by a home owner's association. An access road for maintenance shall be provided. 32. 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, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 33. Protect palm trees in place, or contact the Community Services of City of Lake Elsinore for Palm Tree Preservation Program, LEMC 5.78 Ordinance 1044. 34. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 35. 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 Engineer. 36. Roof drains shall not be allowed to outlet directly through coring in the street curb. 37. Roofs should drain to a landscaped area. 38. Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. Page 4 of 7 J� Agenda Item No. Page Y of Y CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, �. TENTATIVE TRACT MAP NO. 33486 39. 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 storm water quality in the Riverside county NPDES Drainage Area Management Plan. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 40. Applicant shall form or annex into an LLMD. If an LLMD or other appropriate entity cannot be formed, then the applicant shall record CC & R's for maintenance of, the detention basin and street lighting within the project. The CC & R's shall be approved by the Planning Director prior to recordation of final map. 41. 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. 42. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. /"` 43. 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. 44. Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 45. Some of the improvements shown on the Map and /or required by these conditions could be located off -site on property which neither the City nor the subdivider may have no title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall pay all costs for acquisition of title or interest. 46. A Calif. Registered Civil Engineer shall prepare street and drainage improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 47. Interior streets shall be dedicated and improved to public residential street standards (40760) or as shown in the map. Page 5 of 7 Agenda Item No. ,25- Page Y ( of It `f CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 48. Construct a traffic signal at Terra Cotta Road and Lakeshore Drive as required by the Traffic Study contained within the Mitigated Monitoring Program. Note that this location is covered under the TIF program. The applicant may ask for a reimbursement agreement subject to the approval of the City Engineer. 49. Construct half -width street improvements along the project frontage on Machado Street. The improvements include ac pavement, ac transitions, curb and gutter, sidewalk, street lighting, and signing striping. 50. Construct a paved pedestrian connection that provides access from Terra Cotta Road to the ac paved road at the northeast corner of the property. 51. Install survey monument at Terra Cotta Road and "A" Street. 52. Contribute on a fair share basis to the cost of traffic improvements as listed in Table 6 -1 of the Traffic Study prepared by Urban Crossroads dated October 10, 2005. Prior to Issuance of a Grading Permit: 53. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate increased in runoff, flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 54. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 55. An Alquist -Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 56. The applicant shall obtain all necessary off -site easements for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 57. Applicant to provide erosion control measures as part of their grading plan. The applicant shall 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. 58. 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 a SWPPP for post construction, which describes BMP's that will be implemented for the development and including maintenance responsibilities. Page 6 of 7 Agenda Item No. 112 S `ter Page Y Z of '(Y CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, �.. TENTATIVE TRACT MAP NO. 33486 Prior to Issuance of Building Permit: 59. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 60. Street dedications and abandonment shall be processed and approved prior to building permit issuance. 61. 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 and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 62. Pay all Capital Improvement Mitigation and Plan Check fees (LEMC 16.34). 63. Pay the fair share cost of Traffic Improvements required in the traffic study. Prior to Occupancy: 64. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC12.08, Res.83 -78). All fees and requirements /~ for an encroachment permit shall be fulfilled before Certificate of Occupancy. 65. 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. 66. 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 off -site improvements will be scheduled and approved. 67. All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 68. All traffic signing and striping shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 69. Water and sewer improvements shall be completed in accordance with Water District requirements. 70. The Traffic Signal at Terra Cotta Road and Lakeshore Drive shall be completed and in operation as required by the Traffic Study contained within the Mitigation Monitoring Program. ,,o-,. Page 7 of 7 � Agenda Item No. Page '13 of 'P4 a I �ur My Cl) Vo W a fill H a � t MIS ill ! i WE T. a � itN fI� N It t� N ° i EoIE[► If I N ill .l1 a itl a eHl "'I ! ° •aEx •RElill► •e °r • i�!R C!6I f t: �tf, ai R t sai I� Y 9 : g r ° � ' EIE t . :•9.Q a . 8 ` G �� Q Y a :r " � a ee"➢ ► i � a s �� � Q � as 1 . I�et 8t � a if • ° E , 11 f ibtpp• i ° t c t 1 of E I . 6 • �:1xl �R°E Ei f §; �i •�� •° • za •tt QE `a •° •�i • ;t i• pa if 11 1 s R$Et i Et r fE i�d Et I Et !g -11, all 'iI I 1.1� ®�� ENDAITEM NO•--- --".���—��--- n PADE_ ---- Some � d a � t Rod m 110 ill WE T. a � itN fI� N It t� N ° i EoIE[► If I N ill .l1 a itl a eHl "'I ! ° •aEx •RElill► •e °r • i�!R C!6I f t: �tf, ai R t sai I� Y 9 : g r ° � ' EIE t . :•9.Q a . 8 ` G �� Q Y a :r " � a ee"➢ ► i � a s �� � Q � as 1 . I�et 8t � a if • ° E , 11 f ibtpp• i ° t c t 1 of E I . 6 • �:1xl �R°E Ei f §; �i •�� •° • za •tt QE `a •° •�i • ;t i• pa if 11 1 s R$Et i Et r fE i�d Et I Et !g -11, all 'iI I 1.1� ®�� ENDAITEM NO•--- --".���—��--- n PADE_ ---- Some ORDINANCE NO. 1168 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. 15 (LA STRADA) ANNEXED TO SAID DISTRICT WHEREAS, on December 13, 2005, the City Council (the "Council ") of the City of Lake Elsinore, California (the "City ") adopted Resolution No. 2005 -170 stating its intention to annex certain property ( "Annexation Area No. 15 (La Strada) ") 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. 15 (La Strada) into the District; and WHEREAS, on January 24, 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. 15 (La Strada) 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. 15 (La Strada) 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. 15 (La Strada) were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006 -14 determining the validity of prior proceedings relative to the annexation of Annexation Area No. 15 (La Strada), annexed Annexation Area No. 15 (La Strada) into the District and authorized the levy of a special tax within Annexation Area No. 15 (La Strada); and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006 -15 which called an election within Annexation Area No. 15 (La Strada) for January 24, 2006 on the proposition of levying a special tax; and WHEREAS, on January 24, 2006 an election was held within each Annexation Area No. 15 (La Strada) in which the eligible electors approved by more than two- thirds ,,.. vote the proposition of levying a special tax. AGENDA ITEM NO-_, 3 1 PAGE I _ or__Iz__.— CITY COUNCIL ORDINANCE NO. 1168 Page 2 of 3 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. 15 (La Strada) 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. 15 (La Strada) prior to the annexation of Annexation Area No. 15 (La Strada) 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 -16 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 and 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. .,.,o, AGENDA ITEM NO. 3 PACE - CITY COUNCIL ORDINANCE NO. 1168 Page 3 of 3 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 24`h day of January, 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 28`h day of February 2006, upon the following roll call vote: 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 Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM CjG. 3 PACE -,3_GF EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX •.I AGENDA ITEM NO.__ 3 )___- PAGE ' L Ar ' NOTICE OF ADOPTION OF ORDINANCE NO. 1168 NOTICE IS HEREBY GIVEN that on January 24, 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. 1168. A summary of Ordinance No. 1168 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. 1168 was adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY COUNCIL OF THE CITY OF LEGISLATIVE BODY OF THE CITY FACILITIES DISTRICT NO. 2003 -1 PARAMEDIC SERVICES) Dated: 2006 By LAKE ELSINORE, ACTING AS THE OF LAKE ELSINORE COMMUNITY (LAW ENFORCEMENT, FIRE AND Frederick Ray, City Clerk AGENDA PAGE �,5 OF_— 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. 15 (La Strada) ) Annexed to City of Lake ) Elsinore Community Facilities ) District No. 2003 -1 (Law ) Enforcement, Fire and Paramedic Services) ORDINANCE NO. 1168 SUMMARY The ordinance authorizes levy of an annual special tax within Annexation Area No. 15 (La Strada) 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. 15 (La Strada) prior to the annexation of Annexation Area No. 15 (La Strada) 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. 15 (La Strada). DATED: , 2006 CITY OF LAKE ELSINORE 0 Frederick Ray, City Clerk Lwn S4.r ,*,-- ORDINANCE NO. 1169 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. 16 (TR 32129) ANNEXED TO SAID DISTRICT WHEREAS, on December 13, 2005, the City Council (the "Council ") of the City of Lake Elsinore, California (the "City ") adopted Resolution No. 2005 -168 stating its intention to annex certain property ( "Annexation Area No. 16 (TR 32129) ") 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. 16 (TR 32129) into the District; and WHEREAS, on January 24, 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. 16 JR 32129) 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. 16 (TR 32129) 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. 16 (TR 32129) were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006 -17 determining the validity of prior proceedings relative to the annexation of Annexation Area No. 16 (TR 32129), annexed Annexation Area No. 16 (TR 32129) into the District and authorized the levy of a special tax within Annexation Area No. 16 (TR 32129); and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2006 -18 which called an election within Annexation Area No. 16 (TR 32129) for January 24, 2006 on the proposition of levying a special tax; and WHEREAS, on January 24, 2006 an election was held within each Annexation Area No. 16 (TR 32129) in which the eligible electors approved by more than two- thirds vote the proposition of levying a special tax. AGENDA ITEM NO._._. `3a PAGE -- �� ---�° CITY COUNCIL ORDINANCE NO. 1169 Page 2 of 3 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS `"or 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. 16 (TR 32129) 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. 16 (TR 32129) prior to the annexation of Annexation Area No. 16 (TR 32129) 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 -19 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 and 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. N..r CITY COUNCIL ORDINANCE NO. 1169 Page 3 of 3 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 241' day of January, 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 28th day of February 2006, upon the following roll call vote: 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 Robert E. Magee, Mayor City of Lake Elsinore AGENDA ITEM O..K.._�a ----- EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 3.2 N"Ume le^ NOTICE OF ADOPTION OF ORDINANCE NO. 1169 NOTICE IS HEREBY GIVEN that on January 24, 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. 1169. A summary of Ordinance No. 1169 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. 1169 was adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY COUNCIL OF THE CITY OF LEGISLATIVE BODY OF THE CITY FACILITIES DISTRICT NO. 2003 -1 PARAMEDIC SERVICES) Dated: 2006 By LAKE ELSINORE, ACTING AS THE OF LAKE ELSINORE COMMUNITY (LAW ENFORCEMENT, FIRE AND Frederick Ray, City Clerk PAGE Sa 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. 16 (TR 32129) ) Annexed to City of Lake ) Elsinore Community Facilities ) District No. 2003 -1 (Law ) Enforcement, Fire and Paramedic Services) ORDINANCE NO. 1169 SUMMARY The ordinance authorizes levy of an annual special tax within Annexation Area No. 16 (TR 32129) 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. 16 (TR 32129) prior to the annexation of Annexation Area No. 16 (TR 32129) 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. 16 (TR 32129). DATED: , 2006 CITY OF LAKE ELSINORE Frederick Ray, City Clerk r../ On ..0r ra CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 28, 2006 SUBJECT: ADOPTION OF ORDINANCE PROHIBITING MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF LAKE ELSINORE BACKGROUND In 1996, the voters of the State of California approved Proposition 215 permitting persons in need of marijuana for medical purposes to obtain it when deemed appropriate by a physician. Senate Bill 420, which became effective on January 1, 2004, added Article 2.5 Medical Marijuana Program to the California Health and Safety Code to provide additional statutory guidance for those involved in medical marijuana use. The Medical Marijuana Program includes limitations on how much marijuana patients may grow and requires those taking advantage of the law (in addition to the qualified patient) to be a primary caregiver in order to avoid arrest. The Code also provides that "Nothing in this article shall prevent a city or other local governing body from adopting and enforcing laws consistent with this article." (Section 11362.83). DISCUSSION Police Chief Fetherolf has raised concerns about the growing use of so- called "medical marijuana dispensaries" encountered by law enforcement agencies in Riverside County and throughout the State. Some communities have reported the following negative impacts in the vicinity of these dispensaries: AGENDA ITEM CAD• `3 3 PAGE___%_ ---5 -- - --- REPORT TO CITY COUNCIL FEBRUARY 28, 2006 PAGE 2 • Loitering around the dispensaries; • Robbery of persons leaving the dispensaries; ...► • Burglaries within dispensaries; • Illegal drug sales such as patients selling to non - patients; • Marijuana smoking in public around the dispensaries; • Locations near sensitive land uses like schools and residentially zoned properties. Moreover, the Federal Controlled Substances Act prohibits marijuana use, distribution and possession and there is no "medical necessity" exception to these prohibitions which causes a conflict between enforcement of Federal and State laws. Ultimately, the matter will have to be resolved by the courts. .�i Until such time as there is a resolution between state and Federal law, Chief Fetherolf has recommended that the City prohibit the establishment of medical marijuana dispensaries in the City. Such a prohibition is consistent with the exercise of the City's land use controls under Section 11362.83. FISCAL IMPACT None. RECOMMENDATIONS Staff recommends that City Council approve the first reading of the attached Ordinance No. 1 1.1 3> PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY APPROVED FOR AGENDA LISTING: C ANAG R S OFF WE ,...r 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, the Compassionate Use Act of 1996 (codified at Health and Safety Code Section 11362.5, et seq.,) ( "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 or cooperatives 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 California Health and Safety Code Section 11362.5 et seq.; 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 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: AGENDA ITEM NO.,_s___` 3 . 1` PAGE --° CITY COUNCIL ORDINANCE NO. Page 2 of 3 Chapter 17.69 MEDICAL MARIJUANA DISPENSARIES Sections: 17.69.010 Medical marijuana dispensaries defined. 17.69.020 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. 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. 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. RAC y F — I#,-- CITY COUNCIL ORDINANCE NO. Page 3 of 3 INTRODUCED AND APPROVED UPON FIRST READING this day of , 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this day of , 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 33 CITY OF LAKE ELSINORE JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL CHAIRMAN AND REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 289 2006 SUBJECT: INDUSTRIAL DESIGN REVIEW NO. 2004-04 OWNER: GARY D. BROWN, P. O. BOX 1032, WILDOMAR, CALIFORNIA 92595 APPLICANT: GEORGE ALONGI, P. O. BOX 901, LAKE ELSINORE, CALIFORNIA 92531 �-� REOUEST: The applicant requests approval of: ■ Industrial Design Review No. 2004 -04 LOCATION: The project is located at 18181 Collier Avenue, APN 377 - 120 -004 within Redevelopment Project Area No. 1. BACKGROUND: At their regular meeting of February 7, 2006, the Planning Commission adopted the following Resolutions: • Resolution No. 2006 -11 approved Conditional Use Permit No. 2004 -28 for outdoor vehicle storage. �' • Resolution No. 2006 -12 recommending City Council approval of Industrial Design Review No. 2004 -04 for a full service vehicle towing and storage yard and an associated pet cemetery. C3q AGENDA ITE�1 N0• REPORT TO CITY COUNCIL FEBURARY 28, 2006 Page 2 of 2 DISCUSSION: The Planning Commission briefly discussed the project and voted to approve CUP No. 2004 -28 and recommended City Council approval of Industrial Design Review No. 2004 -04. RECOMMENDATION: 1. The Planning Commission recommends that the City Council adopt City Council Resolution No. 2006 -&5 approving Industrial Design Review No. 2004 -04; and 2. Staff recommends that the Agency Board concur with the City Council adoption of the resolution referenced above. PREPARED BY: LINDA M. MILLER, AICP PROJECT PLANNER APPROVED FOR AGENDA BY: AGER'S OFFACE 'E DIRECTOR'S OFFICE ATTACHMENTS: 1. Vicinity Map 2. City Council Resolution No. 2006- approving Industrial Design Review No. 2004 -04. 3. Conditions of Approval. 4. Planning Commission minutes from the hearing of February 7, 2006. 5. Planning Commission Staff Repot, Resolutions and Conditions of Approval of February 7, 2006. 6. Color Exhibit (mounted on board, presented at Hearing). AGENDA ITEM No. ,3y PAGE 2- OF "54 /" le-- VICINITY MAP AGENDA ITEM NU `51 PAGE 3 OF 3- RESOLUTION NO. 2006-35- 1.r/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING INDUSTRIAL DESIGN REVIEW NO. 2004 -04 FOR THE DESIGN AND ESTABLISHMENT OF A FULL SERVICE VEHICLE TOWING AND STORAGE YARD AND AN ASSOCIATED PET CEMETERY LOCATED AT 18181 COLLIER AVENUE WHEREAS, an application has been filed with the City of Lake Elsinore by George Alongi to request the approval of Industrial Design Review No. 2004 -04 for the design and establishment of a full service vehicle towing and storage yard and an associated existing pet cemetery; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Design Reviews for industrial projects; 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 February 28, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Industrial Design Review NO. 2004 -04. The City Council finds and determines that the project is consistent with all of the required procedures, policies, guidelines and provisions of the Lake Elsinore Municipal Code (LEMC) based on the following findings: SECTION 2. 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 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. AGENDA ITEM NO. 3V PAGE ' ' OF 34 �-� CITY COUNCIL RESOLUTION NO. 2006- Page 2 of 2 PASSED, APPROVED AND ADOPTED this 28th day of February, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, City Clerk City of Lake Elsinore COUNCILMEMBERS: APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore Robert E. Magee, Mayor City of Lake Elsinore" AGENDA ITEM NO. 3V PAGEL 6 OF 3f CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE (Note: Fees listed in the Conditions ofApproval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be raised.) GENERAL CONDITION 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 %ao 2. Design Review approval for Industrial Design Review No. 2004 -04 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the V expiration of one (1) year a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) rear period and shall continue to be valid upon a change of ownership of the site. 3. Prior to certificate of occupancy, the driveway, parking lots, vehicle storage area, perimeter and internal landscaping shall be completed as indicated on the approved plans. 4. 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. 5. 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 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. 6. Structures shall be placed on -site as depicted on the site plan and /or as modified by the Community Development Director or designee. Page 1 of 8 _.Mo' AGENDA ITEM NO. y FACE (o OF 3 `f CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 7. 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. 8. 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. 9. 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. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 11. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 12. The applicant shall construct a six foot (6) decorative masonry wall with pilasters at the gates and corners of the wall. Six foot (6� opaque gates shall be required. /1 13. All storage areas shall be enclosed with a six foot (6� masonry wall (exterior split face /interior smooth block) and six foot (6D opaque gates per the review and approval of the Community Development Director or designee. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. The trash enclosure shall be landscaped on three sides and allow for climbing vines. 15. No exterior roof ladders shall be permitted. 16. All exterior downspouts shall be located inside the building. 17. The applicant shall use roofing materials with Class "A" fire rating. 18. 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. 19. Materials and colors depicted on the plans and Color and Materials Board shall be used unless modified by the applicant and approved by the Community Development Director or designee. Page 2 of 8 AGENDA ITEM ���•���� PAGE OF 3`F - -- CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 20. On -site surface drainage shall not cross sidewalks. 21. Parking stalls shall be double - striped with four -inch (4'� lines two feet (2) apart. 22. 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. 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. 23. The applicant shall 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 24. 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. 25. The applicant shall revise the site plan and landscape plan to include a minimum six foot (6) wide planter at the center of each proposed parking row. The planter shall include a minimum of ground cover and one (1) twenty-four inch (24 ") box tree. 26. The applicant shall revise the site plan and landscape plan to include a five foot (5� setback area from the front setback boundary line to the rear boundary line. 27. 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 1/6) 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. b) Applicant shall plant street trees, selected from the City's Street Tree List, maximum of thirty feet (30) apart and at least twenty- four -inch (24 ") box in size. Page 3 of 8 AGENDA ITEM N0. 3 '% PAGE, _ 8 F 3 `1 In CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 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. 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. 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. 30. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Page 4 of 8 AGENDA ITEM NO. 13'-/ DACE 9 OF 3�,�, CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 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. A grading plan signed and stamped by a Calif. 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. 35. 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 N"001 to the review and approval of the City Engineer. 36. 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. 37. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 38. The applicant shall obtain an encroachment permit from Caltrans for all proposed work in State Route 74. 39. Street improvements, traffic signing and striping are required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and /or riverside county standards. 40. 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. 41. The applicant shall pay all applicable development impact /mitigation fees, including but not limited to TUMF, MSHCP, TIF and area drainage fees. Page 5 of 8 AGENDA ITEM No. 3y PAGE t 0 OF ,.MOO CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & AO"` INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 42. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 43. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ' /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 44. 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, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 45. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 46. 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 Engineer. 47. Roof drains shall not be allowed to outlet directly through coring in the street curb. 48. Roofs should drain to a landscaped area. 49. The applicant shall comply with all NPDES requirements in effect; including the submittal of a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 50. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. Page 6 of 8 AGENDA ITEM NO.— -31 PAGE ff 0 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE Prior to Issuance of a Grading Permit: 51. If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that shows proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 52. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 53. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 54. The applicant shall obtain all necessary off -site easements for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 55. Applicant to provide erosion control measures as part of their grading plan. The applicant shall 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. 56. 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. 57. 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 WQMP for post construction, which describes BMP's that will be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Permit: 58. Unless other timing is indicated, all Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 59. Dedicate full half width right -of -way for Collier Avenue. Right -of -way width shall be 60 -feet as measured from the centerline of Collier Avenue to the proposed property line. Page 7 of 8 AGENDA ITEM No. 3y PAGk_ f L or 3 Y ...r CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & 100 '' INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 60. Construct the project driveway per County Standard No.207A. The driveway shall be right - in /out only and shall be provided with appropriate right -in /out signage. 61. Pay cash -in -lieu of construction for half of the median on Collier Avenue. The amount shall be based on the engineer's estimate of one -half median for the frontage length of the project. 62. Comply with access requirements from the Fire Department. 63. 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 and s Vecify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 64. Pay all Capital Improvement Impact /Mitigation Fees and Plan Check fees (LEMC 16.34) including, but not limited to Traffic Improvement Fee, Transportation Uniform Mitigation Fee, Area Drainage fee, etc. Prior to Occupancy: 65. 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. 66. All public improvements including signing and striping, and street lighting shall be completed in accordance with the approved plans or as condition of development to the satisfaction of the City Engineer. 67. Site parking and onsite access to the project shall be completed. 68. Coordinate the construction of a street light with Southern California Edison consistent with the City Standard street light spacing. 69. Construct full half width street improvements on Collier Avenue such that the distance from the centerline to the curb face is 48 -feet. 70. Construct transitions from the proposed project curb line to the existing pavement to the north and construct a transition from the proposed curb line transitioning to the existing curb line to the south. Transitions shall be made at a rate no less than 10:1. 71. Water and sewer improvements shall be completed in accordance with Water District requirements. Page 8 of 8 AGENDA ITEM No. 31 PAGE__,. 3 OF 3 Y PAGE 2 - PLANNING COMMISSION MINUTES — FEBRUARY 7, 2006 2. Minor Design Review of a Single Family Residence locatZat 29226 Avenue. also referred to ac Aececenr Parrpl Nurnhnrc - nft2_nnA MOVDV BY LAPERE, SECONDEDOOV LARIMER AND PASSED, BY A VOTE OF 4 -0, O APPROVE THE CONSE CALENDAR. 3. Tentative Parcel Ma o Chairman O'Neal opened the Pu MOVED BY L PASSED BY A TENTATIV PA PLANNIN CON FEBRU 21sT. There being no further siness, 4. Tentative Pa . 33 ring at 6:03 p.m. SECONDED BY LARIMER AND TE OF 4 -0, TO CONTINUE MAP NO. 33164 TO THE LION MEETING ON TUESDAY, Chairman Neal closed the Public Hearing at 6:04 p.m. Chairm/no pened the Public Hearing at 6: :30 p.m. VED BY LARIMER, SECON D BY GONZALES PASSED BY A VOTE OF 4- TO CONTINUE TATIVE PARCEL MAP 33182 TO THE PLANNING MMISSION MEETING ON TUESDAY, FEBRUARY . There b her business, Chairman O'Neal closed the Public Hearing at 6:05 p.m. 5. Conditional Use Permit No. 2004 -28 and Industrial Design Review No 2004 -04 for Town and Country Towing, APN 377 - 120 -004. Chairman O'Neal opened the Public Hearing at 6:05:45 p.m. Chairman O'Neal reminded the Commissioners that the project request included a CUP. 1�q Agenda Item No. — f Page / `E _ of 3Y ,-0-- PAGE 3 - PLANNING COMMISSION MINUTES — FEBRUARY 7, 2006 Community Development Director Preisendanz provided a brief overview of the proposed project. He indicated that Town and Country Towing was an existing use. He indicated that the request was for a towing yard with fencing and pet cemetery parking improvements. Project Planner Miller noted that the CUP was for outdoor storage of the vehicle to be towed and stored on site. She noted that the storage yard would be approximately 40,000 square feet. She stated that a new building was proposed for office and truck repair use. She further noted the improvements to the pet cemetery parking and landscaping. She reviewed the architectural style of the building and the landscaping. She stated that she spoke to the applicant who had no issues with the project and was not present. Commissioner LaPere had no questions. He stated that he liked the parking in front of the pet cemetery. He concurred with staff's recommendation. Commissioner Gonzales stated that he visited the site, which was going to be a big improvement to the area. Vice Chairman Larimer stated that the building was nice, for a towing company. There being no further business, Chairman O'Neal closed the Public Hearing at 6:10 p.m. r-- MOVED BY LAPERE, SECONDED BY GONZALES AND PASSED BY A VOTE OF 4 -0, APPROVE RESOLUTION NO. 2006 -11, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004 -28 FOR THE APPROVAL OF A "FULL SERVICE" TOWING COMPANY AND OUTDOOR VEHICLE STORAGE AREA KNOWN AS TOWN AND COUNTRY TOWING LOCATED AT 18181 COLLIER AVENUE MOVED BY GONZALES, SECONDED BY LAPERE AND PASSED BY A VOTE OF 4 -0, APPROVE RESOLUTION NO. 2006 -12, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF INDUSTRIAL DESIGN REVIEW NO. 2004 -04 FOR THE DESIGN AND ESTABLISHMENT OF A FULL SERVICE VEHICLE TOWING AND STORAGE YARD AND AN ASSOCIATED PET CEMETERY LOCATED AT 18181 COLLIER AVENUE. 3`l Agenda Item No. Page / 5 �/ of 3 T City of lake Efsin «e Plaxxixa Divisivx 130 S. Man Street Lake Elsiiom G 92530 (909) 674 -3124 (909) 471 -1419 fax DATE: TO: FROM: PROJECT TITLE: OWNER: APPLICANT: PROJECT REQUEST PLANNING COMMISSION STAFF REPOR T Tuesday, February 7, 2006 Chairman and Members of the Planning Commission Rolfe M. Preisendanz, Director of Community Development Conditional Use Permit No. 2004 -28 and Industrial Design Review No. 2004 -04 for Town and Country Towing, APN 377 - 120 -004. Gary D. Brown, P.O. Box 1032, Wildomar CA 92595 George Alongi, P.O. Box 901, Lake Elsinore CA 92531 The applicant requests approval of Conditional Use Permit No. 2004 -28 and Industrial Design Review No. 2004 -04 for the expansion of an existing "full service" towing company and the improvement and renovation of the existing pet cemetery. PROJECT LOCATION The 2.5 net acre project site is located at 18181 Collier Avenue, Assessor Parcel Number (APN) 377 - 120 -004. ENVIRONMENTAL SETTING AGENDA ITEM ►�:. Ja . PAGE—Lk_Ot- 3 `/ ..o N"00 *.od' PLANNING COMMISSION STAFF REPORT FEBRUARY 7, 2006 PAGE 2 of 6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2004 -28 AND INDUSTRIAL DESIGN REVIEW NO. 2004 -04 FOR "TOWN AND COUNTRY TOWING ". PROJECT DESCRIPTION The applicant requests the approval to improve and expand an existing towing business and pet cemetery within the M -1, Limited Industrial District. The use and development proposed require the review and approval of both a Conditional Use Permit (use approval) and a Design Review (development approval). CONDITIONAL USE PERMIT NO. 2004 -28 The applicant is requesting the continuation of an outdoor storage area for vehicles being towed and stored on site. According to Section 17.56.040.A.7 of the Lake Elsinore Municipal Code (LEMC), all outdoor storage is subject to the approval of a Conditional Use Permit pursuant to Chapter 17.74: In compliance, the applicant has proposed a decorative block wall around the perimeter of the storage area. DESIGN REVIEW NO.2004 -04 Sitinn The applicant proposes to improve the existing driveway with a concrete paved twenty-five foot (25) wide driveway. In addition, the applicant will also create two parking areas. One (1) parking area will be used primarily for the existing pet cemetery and one (1) parking area will be established for the towing operation. Each parking lot will include twelve (12) parking spaces, two (2) of which will be dedicated for handicap spaces. The parking provided meets the minimum parking requirements of Chapter 17.66 of the Lake Elsinore Municipal Code (LEMC). Further, the applicant is also requesting approval of a 3,853 square foot office building, which will be utilized for the towing business. The building will occupy approximately three percent (3 0/6) of the project site, which is well within the acceptable building to lot area ratio of thirty-five percent (35 %) building coverage. The approximately 40,000 square foot vehicle storage yard will be paved with a combination of asphalt and concrete and will completely enclosed with a minimum six foot (6� decorative split face block wall. Two (2) gates will be incorporated into the storage area of the project site providing access to both the storage yard and office building. The proposed gates shall be a minimum six foot (6) opaque metal material. Circulation The project is currently being accessed by a single forty foot (40') wide driveway. The existing driveway will be required to be paved as part of the Conditions of Approval and is noted on the plan. Access will be limited to a "right in and right out" due to the high volume of traffic expected i"� on Collier Avenue. Riverside Fire Department has reviewed the project and may require a fire truck turn around to be located on the plan. This decision will be made during the plan checking process. AGENDA ITEM htv.lU� PAGE L) OF 3 y PLANNING COMMISSION STAFF REPORT FEBRUARY 7, 2006 PAGE 3 of 6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2004 -28 AND INDUSTRIAL DESIGN REVIEW NO. 2004 -04 FOR "TOWN AND COUNTRY TOWING ". A Condition of Approval is included requiring compliance with all of Riverside County Fire Department's requirements. Floor Plan The first level of the proposed 3.853 square foot building is divided into a lobby /office /restroom area of approximately one thousand square feet (1,000 SF) and 2,853 square foot truck bay area. A mezzanine storage area is located directly above the office area. LandWing Twenty -one percent (21 9/6) of site is devoted to landscaping. This calculation includes the pet cemetery area which totals approximately 19,285 square feet. Staff is requiring that the five foot (5) setback area shown along the northwest boundary. In addition, the project will be conditioned to provide one (1) six foot (6') wide landscaped planter located in each row of parking. The planter shall be located in the center of each row and shall be planted with ground cover and one (1) shade tree. A landscaped planter shall also be required along the northwest elevation and a portion of the northeast elevation. The trash enclosure will be required to be landscaped on three sides and allow for climbing vines. Architecture The architectural design of the proposed building is generally identified as a "modern" style. Features will include vertical angled accent columns, a metal canopy entrance, horizontally ribbed equipment screening that acts as an architectural feature and painted metal reveals that surround the entire building which divides the long building plane. The roof line is broken up by the vertical columns, the extended entry wall plane and ribbed equipment screen. The proposed building will be "tilt -up concrete" and will incorporate a stucco finish. Color and Materials The applicant is proposing the following colors and materials: t" Ml."T T , G fCOLfJR AND MATERA 4 r E ppx f IlN'7Gl 'k i _ kl 0 T a Building Exterior — Main Body "Harvest Tan" - stucco Building Exterior — Base & Entrance Plain "Coffee `n Cream" stucco Column Element "Roaring Hearth" — stucco Canopy and Ribbed Screen Roll -up Doors "Twain Blue" —metal AGENDA ITEM NO. 3`i _ PACE / 9 OF 3� `.0, PLANNING COMMISSION STAFF REPORT FEBRUARY 7, 2006 PAGE 4 of 6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2004 -28 AND INDUSTRIAL DESIGN REVIEW NO. 2004 -04 FOR "TOWN AND COUNTRY TOWING ". ANALYSIS CONDMONAL USE PERMIT NO. 2004 -28 The outdoor storage area requires review and approval of a Conditional Use Permit. Staff is satisfied that the applicant has met the intent of Chapter 17.74 and Section 17.56.040 of the LEMC by concealing the vehicle storage area with a six foot (6� decorative block wall and opaque gates. INDUSTRIAL DESIGN REVIEW NO. 2004-04 Staff has determined that the project substantially meets the design requirements set forth by the Lake Elsinore Municipal Code (LEMC) and General Plan. ENVIRONMENTAL Staff has determined that the project is exempt from the California Environmental Quality Act, pursuant to Section 15332 (In -Fill Development Projects). Therefore, no additional environmental clearance is necessary. RECOMMENDATIONS It is recommended that the Planning Commission adopt Resolution No. 2006 -_ approving Conditional Use Permit No. 2004 -28 and adopt Resolution No. 2006 -_ recommending to the City Council approval of Industrial Design Review No. 2004 -04 based the following Findings, Exhibits "A" thru "C" and proposed Conditions of Approval. FINDINGS — CONDITIONAL USE PERMIT 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional miX of residential, commercial, industrial, open space, recreational and institutional land uses, staff has tborougby evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit for outdoor storage areas referenced herein. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. AGENDA ITEM NO. �Y PAGE I � OF IV-- PLANNING COMMISSION STAFF REPORT FEBRUARY 7, 2006 PAGE 5 of 6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2004 -28 AND INDUSTRIAL DESIGN REVIEW NO. 2004 -04 FOR "TOWN AND COUNTRY TOWING ". In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City reaA.Zed that the proposed outdoor storage area referenced herein may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. Considering this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, orgeneral welfare of the surrounding neighborhood or the City. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed outdoor storage area referenced herein has been designed in consideration of the side and shape of the property, thereby strengthening and enhancing the immediate commercial and industrial area. The storage area has been reviewed to ensure adequate provision of screening from the public rights -of -way or adjacent properties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed outdoor storage area referenced herein has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed outdoor storage prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at Assessor Parcel Number 373 - 071 -013 there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City Departments and outside Agencies, eliminating the potential for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the Conditional Use Permit No. 2004 -28 has been scheduled for consideration and approval of the Planning Commission. FINDINGS — DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. AGENDA ITEM No. 3LI PAGE 2y OF 3Y ...._ En Lw PLANNING COMMISSION STAFF REPORT FEBRUARY 7, 2006 PAGE 6 of 6 PROJECT TITLE: CONDITIONAL USE PERMIT NO. 2004 -28 AND INDUSTRIAL DESIGN REVIEW NO. 2004 -04 FOR "TOWN AND COUNTRY TOWING ". The proposed Design Review located at 18181 Collier Avenue complies with the goals and objectives of the General Plan, in that the approval of this industrial building will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Design Review located at 18181 Collier Avenue is appropriate to the site and surrounding developments in that the industrial building has been designed in consideration of the site and shape of the properly, thereby creating interest and varying vistas as aperson moves along the street. Further the project as proposed will complement the quality of existing development and will create a visualy pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Design Review located at Assessor Parcel Number 363 - 670 -004, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Design Review located at 18181 Collier Avenue has been scheduled for consideration and approval of the Planning Commission. PREPARED BY: Linda M. Miller, Project Planner APPROVED BY: Rolfe Preisendanz, Community Development Director ATTACHMENTS: 1. Exhibit A Vicinity Map 2. Exhibit B Color Elevations 3. Exhibit C Full-sized Plans /'` AGENDA ITEM No. _3 7 PAGE, Z _0F - 3 � RESOLUTION NO. 2006 -111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004 -28 FOR THE APPROVAL OF A "FULL SERVICE" TOWING COMPANY AND OUTDOOR VEHICLE STORAGE AREA KNOWN AS TOWN AND COUNTRY TOWING LOCATED AT 18181 COLLIER AVENUE WHEREAS, an application has been filed with the City of Lake Elsinore by George Alongi, requesting the approval of a Conditional Use Permit 2004 -28 for a "full service" towing company and outdoor vehicle storage area area; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Conditional Use Permits; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered and approved the request by staff on February 7, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for S"o Conditional Use Permit No. 2004 -28 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Lake Elsinore Municipal Code and determines that the project is exempt from the California Environmental Quality Act pursuant to Section 15332, In -Fill Development. SECTION 2. That in accordance with Chapter 17.74 (Conditional Use Permits)) of the Lake Elsinore Municipal Code the following findings for the project have been made as follows: FINDINGS — CONDITIONAL USE PERMIT 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, noise, trafc and other environmental hazards related to the proposed Conditional Use Permit for outdoor storage areas referenced herein. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. AGENDA ITEM N • �I_ QF— �—==�- PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT NO. 2004-28 Page 2 of 3 In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City rea#7,ed that the proposed outdoor storage area referenced herein may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. Considering this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, orgeneral welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed outdoor storage area referenced herein has been designed in consideration of the site and shape of the proper y, thereby strengthening and enhancing the immediate commercial and industrial area. The storage area has been reviewed to ensure adequate provision of screening from the public rights -of -way or adjacent properties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed outdoor storage area referenced herein has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of trafc generated, in that the City has adequately evaluated the potential impacts associated with the proposed outdoor storage prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at Assessor Parcel Number 373 - 071 -013 there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City Departments and outside Agencies, eliminating the potential for any and all adverse ffects on the abutting property. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the Conditional Use Permit No. 2004 -28 has been scheduled for consideration and approval of the Planning Commission. U: \rpreisendanz \Town & Country Towing \PC RESO CURdoc AGENDA ITEM N0. pAGE 2 3 OF_ PLANNING COMMISSION RESOLUTION FOR CONDITIONAL USE PERMIT NO. 2004 -28 Page 3 of 3 NOW, THEREFORE, BASED ON THE ABOVE FINDINGS, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY APPROVE CONDITIONAL USE PERMIT NO. 2004 -28. Michael O'Neal, 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 7, 2006 by the following vote: AYES: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Rolfe M. Preisendanz, Secretary to the Planning Commission U: \rpreisendanz \Town & Country Towing \PC RESO CUP.doc AGENDA ITEM N0. I: L� PAGE ? --0F ,:.�____ RESOLUTION NO. 2006-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF INDUSTRIAL DESIGN REVIEW NO. 2004 -04 FOR THE DESIGN AND ESTABLISHMENT OF A FULL SERVICE VEHICLE TOWING AND STORAGE YARD AND AN ASSOCIATED PET CEMETERY LOCATED AT 18181 COLLIER AVENUE WHEREAS, an application has been filed with the City of Lake Elsinore by George Alongi to request the approval of Industrial Design Review No. 2004 -04 for the design and establishment of a "full service vehicle towing and storage yard and an associated existing pet cemetery; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Design Reviews for industrial projects; 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 7, 2006. NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES �- HEREBY RESOLVE as follows: SECTION 1. The Planning Commission has considered the proposed request for Industrial Design Review No. 2004 -04 and has found it acceptable. The Planning Commission finds and determines that this project is consistent with the Lake Elsinore Municipal Code (LEMC) and determines that the project is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15332 (In -Fill Development). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code (LEMC) the following findings for the project have been made as follows: FINDINGS - DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Design Review located at 18181 Collier Avenue complies with the goals and objectives of the General Plan, in that the approval of this industrial building will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Design Re mew located at 18181 Collier Avenue is appropriate to the site and surrounding AO-` developments in that the industrial building has been designed in consideration of the side and shape of the AGENDA ITEM NO.-.�__ PAGEE F 3 q- PLANNING COMMISSION RESOLUTION DESIGN REVIEW NO. 2004-04 Page 2 of 2 propery, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quali y of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for qualiy and orzginaliy. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Qualiy Act (CEQA), the proposed Design Review located at Assessor Parcel Number 363- 670 -004, as reviewed and conditioned by all applicable Ciy Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Design Review located at 18181 Collier Avenue has been scheduled for consideration and approval of the Planning Commission. NOW, THEREFORE, based on the above Findings, the Planning Commission of the City of Lake Elsinore DOES HEREBY RECOMMEND TO THE CITY COUNCIL APPROVAL of a Commercial Design Review No. 2004 -04. Michael O'Neal, 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 7, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: O'NEAL, LARIMER, GONZALES, LAPERE Rolfe M. Preisendanz, Secretary to the Planning Commission AGENDA {TEAT t4O. PAGE 4F rn CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE (Note. Fees listed in the Conditions ofApproval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be raised.) 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 Design Review No. 2004 -04 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one (1) year a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) rear period and shall continue to be valid upon a change of ownership of the site. ,.0 3. Prior to certificate of occupancy, the driveway, parking lots, vehicle storage area, perimeter and internal landscaping shall be completed as indicated on the approved plans. 4. 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. 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 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. 6. Structures shall be placed on -site as depicted on the site plan and /or as modified by the Community Development Director or designee. Page ] of 8 AGENDA ITEM NO.� -- PAGE 21 OF- --.— CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 7. 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. 8. 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. 9. 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. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 11. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 12. The applicant shall construct a six foot (6� decorative masonry wall with pilasters at the gates and corners of the wall. Six foot (6� opaque gates shall be required. 13. All storage areas shall be enclosed with a six foot (6) masonry wall (exterior split face /interior smooth block) and six foot (6) opaque gates per the review and approval of the Community Development Director or designee. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. The trash enclosure shall be landscaped on three sides and allow for climbing vines. 15. No exterior roof ladders shall be permitted. 16. All exterior downspouts shall be located inside the building. 17. The applicant shall use roofing materials with Class "A" fire rating. 18. 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. 19. Materials and colors depicted on the plans and Color and Materials Board shall be used unless modified by the applicant and approved by the Community Development Director or designee. Page 2 of 8 AGENDA ITEM N0. 31 PAGE_ Zt3 . OF___ ____ r.r/` CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 20. On -site surface drainage shall not cross sidewalks. 21. Parking stalls shall be double - striped with four -inch (4'� lines two feet (2) apart. 22. 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. 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. 23. The applicant shall 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 24. 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 r Planning Division for inclusion in the case records. 25. The applicant shall revise the site plan and landscape plan to include a minimum six foot (6) wide planter at the center of each proposed parking row. The planter shall include a minimum of ground cover and one (1) twenty-four inch (24 ") box tree. 26. The applicant shall revise the site plan and landscape plan to include a five foot (5) setback area from the front setback boundary line to the rear boundary line. 27. 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. b) Applicant shall plant street trees, selected from the City's Street Tree List, maximum of thirty feet (30) apart and at least twenty- four -inch (24 ") box in size. Page 3 of 8 AGENDA ITEM NO. 3y PAGEF__ 3L_-_ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 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. 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. 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. 30. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Page 4 of 8 AcENOA ITEM No. 3Y FACE 3_ d of 3 `F. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 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. A grading plan signed and stamped by a Calif. 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. 35. 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. 36. 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. 37. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 38. The applicant shall obtain an encroachment permit from Caltrans for all proposed work in State Route 74. 39. Street improvements, traffic signing and striping are required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and /or riverside county standards. 40. 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. 41. The applicant shall pay all applicable development impact /mitigation fees, including but not limited to TUMF, MSHCP, TIF and area drainage fees. Page 5 of 8 AGENDA ITEM N0. —3?Y WAGE_ —I _�__Ofr 2 ....L.::. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 42. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 43. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ' /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 44. 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, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 45. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 46. 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 Engineer. 47. Roof drains shall not be allowed to outlet directly through coring in the street curb. 48. Roofs should drain to a landscaped area. 49. The applicant shall comply with all NPDES requirements in effect; including the submittal of a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 50. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibi t the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into waterways - without Regional Water Quality Control prohibited by local ordinances and state and federal law Page 6 of 8 street, gutters, storm drain system, or Board permit or waver — is strictly AGENDA ITEM NO. —3V PAGE 3 Z OF -) Y CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE Prior to Issuance of a Grading Permit: 51. If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that shows proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 52. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 53. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 54. The applicant shall obtain all necessary off -site easements for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 55. Applicant to provide erosion control measures as part of their grading plan. The applicant shall .,. 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. /', 56. 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, 57. 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 WQMP for post construction, which describes BMP's that will be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Permit: 58. Unless other timing is indicated, all Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 59. Dedicate full half width right -of -way for Collier Avenue. Right -of -way width shall be 60 -feet as measured from the centerline of Collier Avenue to the proposed property line. Page 7 of 8 AGENDA ITEM N0. 3V _ _ PACE 33 OF 7 `� CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2004-28 & INDUSTRIAL DESIGN REVIEW NO. 2004-04 LOCATED AT 18181 COLLIER AVENUE 60. Construct the project driveway per County Standard No.207A. The driveway shall be right - in /out only and shall be provided with appropriate right -in /out signage. 61. Pay cash -in -lieu of construction for half of the median on Collier Avenue. The amount shall be based on the engineer's estimate of one -half median for the frontage length of the project. 62. Comply with access requirements from the Fire Department. 63. 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 and specify the technical data for the water service at the location, such as water pressure and volume etc Submit this letter prior to applying for a building permit. 64. Pay all Capital Improvement Impact /Mitigation Fees and Plan Check fees (LEMC 16.34) including, but not limited to Traffic Improvement Fee, Transportation Uniform Mitigation Fee, Area Drainage fee, etc. Prior to Occupancy: 65. 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. N"901 66. All public improvements including signing and striping, and street lighting shall be completed in accordance with the approved plans or as condition of development to the satisfaction of the City Engineer. 67. Site parking and onsite access to the project shall be completed. 68. Coordinate the construction of a street light with Southern California Edison consistent with the City Standard street light spacing. 69. Construct full half width street improvements on Collier Avenue such that the distance from the centerline to the curb face is 48 -feet. 70. Construct transitions from the proposed project curb line to the existing pavement to the north and construct a transition from the proposed curb line transitioning to the existing curb line to the south. Transitions shall be made at a rate no less than 10:1. 71. Water and sewer improvements shall be completed in accordance with Water District requirements. Page 8 of 8 AGENDA ITEM NO PAGE 3 `f OF 3 -.Mao