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Home My WebLink About02/08/2005 CC Reports CITYQF LAKE ELSINORE ~_f"o.,~::,?CcOIJNC1L.A~~~~ -~ . ... ..... .~ ROBERTL. SCHIFFNER, MA YORPROTEM . .~: . .. THOMAslBUCKLEY, COUNCILMAN ~. DARYLIDCKMAN, COUNCILMAN GENIE KELLEY, COUNCILWOMAN ROBERT BRADY, CITY.MANAGER (951) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 * *****.********** ******** ********* ** *********** ****** ******* **** *** TUESDAY, FEBRUARY 8, 2005 - 5:00P.M. If you are attending this CityCquncil Meeting please park in the Parking Lot aCrOSs the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation! CALLTO ORDER ROLLCALL CLOSED SESSION A PUBLICEMPLOYMENT(GovernmentCode Section 54957) Title: City Manager REC()~VENEINPlJBLICSESSION (7:00P.M.) . . 1- . .. . ...............'........ .. ,':: -.. . -, ~ - . P.LEDGE,OFALLEGIANCE , ~~l::. INVOCATION.." MOMENT OF SILENT PRAYER ROLLCALL PRESENTATIONS/CEREMONIALS A.Proclamation - Voice of Democracy Contest Winner. Eo . Proclamation - National African American History Month.. CLOSED SESSION REPORT. Page Two - City Council Agenda - February 8, 2005 PUBLIC COMMENTS.~ NON~AGENDlZEDIT.EMS,..,.lMINUTE . (Please read & complete a Speaker's Form aithePodill:!n,.prior totheStaiVofthe City Council Meeting) . . '.. "'C-,. ,'. '....,..... PUBLIC COMMENTS- i\.GENDI:l.EDITEMS,.-3MINlJ'I'E:S. .... ..Fe (Please read & complete a Speaker' sFormatthe.Podium; prior. tothe Start~~th(l City Council Meeting) . '. .. 'Jk . CONSENT CALENDAR ' (All matters on the Consent Calendar are appioveclc6n onerrtoti6n, unless a Councilmember or any memberofthepublictequestsseparateacti()n.onaspe9ific item.) ., . I. Minutes a. Regular City Council Meeting - Janulll"Y25 2005. RECOMMENDATION: Approve. b. Planning Commission Meeting ~ January 4, 2005. . . c. Public Safety Advisory Commission Meeting ~ December 8; 2004. RECOMMENDATION: Receive & File. 2. Warrant List - January 31, 2005, RECOMMENDATION: RatifY. 3. Claims Against the City submitted by DanieICreekmOl'e.{CL#2004~1)~Y'And Sharon Donovan (CL#2005-3). . . .;,. ~-{~.,' /.. ......~.... RECOMMENDATION: Reject&iR&fel'.tOClairi1~Aclmil1istratbrfor Handling. . 4. Cultural Center Basement Repairs. RECOMMENDATION: Allocate $49;900 for completion of the project & authorize use of Local contractors .\ Page Three - CityCouncilAgendll-February 8, 2005 with existing maintenance service agreements. 5. Agreement with Riverside County to Provide Alquist-Priolo Earthquake Fault Report Review. RECOMMENDATION: Approve Agreement & Authorize Mayor to Sign. 6. Agreement with Near-Cal Corporation for Construction of Master Planned Storm Drain EacilitiesNear.PasadenaStreet and Crane Street. ~COMMENDATION:. Approve Agreement & Authorize Mayor to .;~: Sign. 7. qoopefative. AgreeTllentwith>RiversideCounty Flood Control and Water CJonservation Bistrict am:lK. Hovnanian Fore.cast Homes Tract No. 31917 for Storm Brain Improvements. RECOMMENDATION: Approve Agreement & Authorize Mayor to Execute. 8. ApprovalofFinal Map 2~2144, a Residential Subdivision by Castle & Cooke Alberhill Ranch, LLC located north of Mountain Street east of Lake Street, in the AlberhillSp~cific Plan Area. RECOMMENDATION: Approve Final Map, Subject to City Engineer's acceptance, accept all dedications and authorize recordation. 9. ApproyalofFinalMap30493c3, a Residential Subdivision by Pardee Homes IQcat(ldnorth of Cany()n Hills Road. 10. RECOMMENDATION: Approve Final Map, Subject to City Engineer's acceptance, accept all dedications and authorize recordation. ~tpr()Val ()fFiI1al Map JII06;Jl;Residential.Subdivision by Pardee Homes t? . ~- Page Four - City Council Agenda--February8, 2005 located north of Canyon Hills Road between Lost Road and Cottonwood Canyon Road. RECOMMENDATION: Approve Final.Map, Subjectto City Engineer's acceptance, accept all dedications and authorize recordation. II. Resolution No. 2005-14 of Intention toOrdefVacationof a Portion of3rd. Street, East of Collier A venue. RECOMMENDATION: PUBLIC HEARINGS AdoptResolu.tiol1 N().2005-14and set public hearing forMarch 8, 2005. 21. Tentative Tract Map No. 33191 -EvanMai/Adobe Flats Land Company, LLC. - Northwest ComerofRobertsonStreetandShrierDrive, . RECOMMENDATION: '^}( Approve Tentatjve TraqtMap,based~n Findi?9.S.&ExhibitS.andSUbjeC(to.:~J. i CondItIOns gf A.pproval. . .. 22. Zone Change No. 2004-10- William MaiseL RECOMMENDATION: Receive & FilePlanningCoI111Tiission Recommendation ofDel1ial. 23. Community Facilities District 2004-3 (Rosetta Canyon). RECOMMENDATION: Open Public Hearing and Continue to March 8, 2005. 24. Resolution No. 2005-13 - Approving theAIinexationofTerritory and the Levy of Assessments for Lake Elsinore Landscape and Street Lighting District No. I as Annexation Area No.4. RECOMMENDATION: Hold Public HeaHng, Qpen& TallyBilllots . & Adopt Resolution No. 2005-13. . "~~" . 1 . Page Five- City Council Agenda - February 8, 2005 BUSINESS ITEMS 31.~econd Reading ~ Ordinance No. 1138 ~. Levy of Special Taxes within rexationNO. 9 (Serenity) to District No. 2003-1. RECOMMENDATION: . AdoptOrdinance No. 1138, upon second .)' reading by title only. 32. . Second Reading ~ Ordinance No. 1139 - Authorizing Levy of Special Tax for Community Facilities District No. 2005-1 (Serenity). RECOMMENDATION: Adopt Ordinance No. 1139, upon second reading by title only. 33. Consideration for the Purchase of an Equipment Trailer. RECOMMENDATION: Authorize $28,000 for purchase of Equipment Trailer. 34. Mid-Year Budget Review and Adjustments. RECOM.MENDATION: Approve Adjustments. 35, Exell1ptiontoBid'ProcessJorPurchase of Two Personal Watercraft for Lake Patrol. .t ~COMMENDATION: Grant Exemption. . .f PUBEICCOMMENTS-"NON"AGENDIZEDITEMS - 3 MINUTES (Please/read & complete a Speaker's Form atthePodium, prior to the Start of the City Council Meeting) CITY MANAGERCOMMENTS CITYATTORNEYCOMMENTS COMMITTEE. REPORTS Page Six - City Council Agenda~FebruaI1:'8;~005 CITY TREASURER C0MMENTS CITY C0UNCIL C0MMENTS ADJOURNMENT WHEREAS, The Voice of Democracy is an annual national audio essay contest that is designed to foster patriotism by giving high school students in grades 9 through 12 the opportunity to voice their opinion about their personal obligations as an American and address their responsibility to our country; and High SCh001;:~EREAS, Amanda Legg is a current student at Elsinore IL WHEREAS, Amanda Legg is a Cadet Lieutenant Colonel in the Elsinore High School ROTC program; and WHEREAS, Amanda Legg's future plans will lead her to the Air Force Academy; and WHEREAS, Amanda Legg received first place in the "Voice. of Democracy" contest held by the Veterans of Foreign Wars Post 1508; and WHEREAS, Amanda Legg is an inspiration to patriotism throughout our great Nation. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL, of the City of Lake Elsinore, on this 8th day of February 2005, do hereby commend Amanda Legg for her exemplary essay and challenge her to continue her Voice of Democracy. 4 4 ROBERT E. MAGEE, MAYOR '" 1 -- (\ (\ ("\ MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 184 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 25,2005 ************************************************************** CALL TO ORDER The Regular City Council was called to order by Mayor Magee at 5:25 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE II I I Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City ClerklHuman Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: Lake Elsinore Campground and Day Use Facility Negotiating Parties: City of Lake Elsinore and Destination Resorts, LLC,. a California limited liability company. Under Negotiation: price and terms of payment. Agenda Item 10'~ Page of 'J- '(' Page Tho - City Council Minutes -January 25, 2005 u b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: APN 377-180-037 . Negotiating Parties: City of Lake Elsinore and Redevelopment Agency of the City of Lake Elsinore. Under Negotiation: Terms. c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Atto~ey (Government Code Section 54957) , d. PUBLIC EMPLOYMENT - City Manager (Government Code Section 54957) City Attorney Leibold announced the above listed Closed Session discussion items as listed. U THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:26 P.M. The Closed Session discussion was completed at 6:45 p.m. RECONVENE IN PUBLIC SESSION Mayor Magee reconvened the Regular City Council Meeting in public session at 7:04 p.m. PLEDGE OF ALLEGIANCE . . The Pledge of Allegiance was led by Mayor Pro Tern Schiffuer. INVOCATION" MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. U Agenda Item N,(l. Page d- I.CA.. of 2 5<' ('\ Page Three - City Council Minutes - January 25, 2005 ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, , . KELLEY, SCHIFFNER, MAGEE .1 ABSENT: COUNCILMEMBERS: NONE n Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Fire Chief GalIegoes, Lake &Aquatic Resources Director Kilroy, Police Lt. Koepp, Engin~ering Manager Seumalo, Building & Safety Manager Chipman, Information/Communications ManagerDennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and I City ClerklHuman Resources Director Kasad. . . PRESENTATIONS/CEREMONIALS A. Proclamation - Temescal Canyon Varsity F06tball Team.'" Mayor Magee noted the outstanding efforts of this year's football team; . .: . . , . . f achieving a 10-0 record. He read and presented the proclamation to the Coach and four'members of the football team. Coach . thanked the City Council for this recognition and for the opportunity to represent the community. . B. Proclamation - H.O.P.E. '. , n Mayor Magee congratulated the representatives ofH.O.P.E. on their contributions to the community. H~ read and presented the proclamation to Mr. Hewison 'and other representatives of the organization. Mr. Hewison thanked the Council for this recognition and noted the need of the organization for someone with a SUV to assist with deliveries. '0 ,., Agenda Item No, 1.0..... ., Page 1 of'A~ Page Four - City Council Minutes -:- January 25, 2005 u C. Presentation - Historical Society. JJ. Swanson & Ruth Atkins presented representatives ofKB Homes with a plaque in appreciation for their contribution of the furniture from four complete model homes for use in their recent fund-raiser. The representative ofKB Homes thanked the Historical Society for the opportunity to participate and stressed their interest in playing an activ~ role in the community. CLOSED SESSION REPORT City Attorney Leibold reported that all matters listed for Closed Session had been discussed with no reportable action; however Item A regarding the Campground, was listed later on this agenda for discussion and consideration. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE u Ron La Pere, 16867 Wells Street, announced that the Chamber of Commerce had ,. recognized Dan Uhlry as Citizen of the Year; and commended their choice, as well as his commitment to the community. Harvey Ryan, 17561 Sunnyslope, advised that he and Phil Williams had been assigned by the EVMWD Board to attend City Council meetings as th,eirliaisons. He looked forward to c~operative efforts between the two agencies. , "-" ,", ' . , Donna Franson, 7 Villa Valtelena, announced the upcoming Lake Elsinore Citizens Committee Meeting on January 27th in the Ortega High School, Multi-purpose Room. She advised that future newsletters, notices and meeting attendance would require payment of the $5 annual membership dues. Tim Fleming, 17970 Lakeshore Drive, announced that the Homeless Census would be held on January 26th and encouraged interested parties to volunteer to help. Agenda Ite~ ~.' \ . 0-... ' ' Page of ~ '6 u (\ Page Five - City Council Minutes - January 25, 2005 (\ o Mark McDorman, 3740 Ulla Lane, expressed concern with the pending dedication ofUlla Lane. He indicated that the street was partially held by each individual property owner on the street, within their deeds. He stressed that it should be a private street, due to private ownership. He requested that the Council help them to resolve this issue once and for all. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MiNUTES A request was received to address the following item and deferred to that discussion: Item No. 31. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED, WITH THE MINUTES CORRECTED AS NOTED IN THE EARLIER STUDY SESSION. 1. The following Minutes were approved: . A. Joint City Council/RedevelopmentAgency Study Session- December 28, 2004. B. Regular City Council Meeting - December 28, 2004. C. City Council Study Session ~ January 6, 2005. D. Joint City Council/RedevelopmentAgency Study Session- January n, 2005. E. Regular City Council Meeting - January n, 2005. The following Minutes were received and ordered filed: F. Public Safety Advisory Commission Meeting - November 10, 2004. Agenda Item N.ll- Page 5 l. 0.... of 'J.-l{ Page Six - City Council Minutes - January 25, 2005 u 2. Ratified Warrant List for January 14,2005. 3. Rejected and referred to Claims Administrator for handling the Claims Against the City filed by Carlos Piro (CL#2004-03), Pamela Lewis (CL #2004-05), and Brean N. Postin (CL#2004-15). 4. Adopted Updated Resolutions and Authorized Signatures for the State Local Agency Investment Fund - Resolution No. 2005-1. RESOLUTION NO. 2005-1 REGULAR ACCOUNT RESOLUTION, CITY OF LAKE ELSINORE. 5. Adopted Resolution ofIntention 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.1 0 (La Laguna Phase 3) - Resolution No. 2005-2. u RESOLUTION NO. 2005-2 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES, DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF ASPECIAL TAX WITHIN ANNEXATION AREA NO. 10, (LA LAGUNA PHASE 3). ; ~J 6. Adopted Resolution ofIntention to Annex Property into Community Facilities District No.2003-I(Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. II (Alberhill Ranch),- Resolution No. 2005-3. RESOLUTION NO. 2005-3 . u Agenda Item ~o. Page <0 , . 0.... , of ~lS" ('\ Page Seven - City Council Minutes - January 25, 2005 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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. 11 (ALBERHILL RANCH). 7. Adopted Resolution Initiating Proceedings and Approving the Engineer's Report for the Annexation of Certain Territory known as Tract 31917 into the City of Lake Elsinore Landscape and 'Street Lighting District No.1, as LLMD Annexation No.5 (La Laguna Phase 3), Declaring the City's Intention to Order the Annexation and to Levy and Collect Assessments, Determining that these Proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to Vote on Taxes Act, and Offering a Time and Place for Hearing Objections thereto - Resolution No. 2005-4. (\ RESOLUTION NO. 2005-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S . REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACT 31917 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO.5 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THATTHESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING ('\ A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Agenda Item No, \. 0...-. . Page ~ of -:;L ls' Page Eight - City Council Minutes - January 25, 2005 8. Adopted Resolution Initiating Proceedings and Approving the Engineer's Report for the Annexation of Certain Territory Known as Tract 28214 into the City of Lake Elsinore Landscape and Street Lighting District No. I, As LLMD Annexation No.6 (Alberhill Ranch), Declaring the City's Intention to Order the Annexation and to Levy and Collect Assessments, Determining that these Proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to Vote on Taxes Act, and Offering a Time and Place for Hearing Objections Thereto - Resolution No. 2005-5. RESOLUTION NO. 2005-5 ,I - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, , , , INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACT 28214 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO.6 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 9. Approved Contract for Professional Services with Kobata & Associates for Swick-Matich Park Development and Implementation Plan. 10. Approved Professional Services Agreement for Recreati~nal Aquatic Safety Assessment of Lake Elsinore with Mr. Tom Griffiths, Aquatic Safety Research Group, in the amount of $22,000. - 11. Approved printing of Public Safety Advisory Commission brochure at a cost Agenda Item No. --1 .n..., Page gr of ~ 8' () u u ('. Page Nine - City Council Minutes ~ January 25, 2005 of $.35 per brochure 'or a total of about $3,380. PUBLIC HEARINGS 23. Public Hearing Authorizing the Issuance of Bonds and Approving Bond Documents: formation ofCFD 2005-1 (Serenity): Calling a Special Election: Canvassing Election Results: and Authorizing Levv of Special Taxes. . Administrative Services Director Pressey indicated that this was the process for creating a new Community Facilities District, which was initiated with the Resolution ofIntention, adopted on December 14th; followed by noticing of this public hearing. n Mayor Magee opened the public hearing at 7:29 p.m. City AttomeyLeibold indicated that notice of this hearing was published as required by the Community Facilities DistrictAct, with verification on file in the City Clerk's Office. Administrative Services Director Pressey clarified that this was the second phase ofthe Serenity Tract, being developed by KB Homes. He advised that the levY would begin in 2005-06, and the homes developed as of May 1, 2005 would have a weighted average ofthe taxes of about $2,557. He noted the 2% limitation on taxes and advised that this development had a rate of 1.89%. He detailed the bonds to be issued and indicated that the bonds to be issued were in the amount not to exceed $12 million, but the facilities were estimated to cost approximately $8 million. He invited Bond Counsel Hunt to describe the process. ' "Bond Counsel Hunt Indicated that it would first be appropriate to request , public testiinony. . n Mayor Magee requested clarification that this only related to the'new phase Agenda Item No. I . e-... Page ~of ':L \S Page Ten - City Council Minutes -: January 25, 2005, , ! u of Serenity Homes, and not the existing homes. Administrative Services Director Pressey confirmed that it was only the new dev~lopment Mayor Magee asked those persons interested in this item to speak: There were no requests to speak. Councilwoman Kelley noted that at the agenda review, there was a question regarding the obligated amount of the bond, and additional funds were included. Bond Counsel Hunt indicated that the improvements would potentially cost up to $8 million, but the District would be sized to cover the . actual improvements at that time. . Mayor Magee noted a comment at the 4 p.m. session regarding the street light, and indicated that there was a second light requested by the School District which increased the cost. He clarified that it was at a County intersection. U Mayor Magee inquired if there were any additional property owners with written protests, noting that .for this purpose, only written protests would be considered. Mayor Magee, closed the public hearing at 7:31 p.m. . Bond Counsel Hunt requested that the Council make a motion on the resolution of formation. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TOADOPTRESOLU:TION NO. 2005~9: . _ r;'\ RESOLUTION NO. 2005~9 , ! 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. 2005~1 U Agenda Item No. l ' c-.. Page \ 0 of ;}... '?' n Page Eleven - City Council Minutes -January 25, 2005 n n (SERENITYjAND APPROVING FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS. Bond Counsel Hunt requested adoption of the Resolution calling the Special Election. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-10: RESOLUTIO'N NO. 2005-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $12,000,000 WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005- 1 (SERENITY) AND CALLING A SPECIAL ELECTION. Mayor Magee requested that the City Clerk tabulate and report on the ball ots cast. II, City Clerk/Human Resources Director Kasad reported that there was no opposition to the proposed formation. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-11: RESOLUTION NO. 2005-11 A 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. 2005-1 (SERENITY). MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT Agenda Item No. \ .0-..' Page ----1.--l--- of ;),,8" Page 1Welve - City Council Minutes - January 25, 2005 u ORDINANCE NO. 1139, UPON FIRST READING BY TITLE ONLY: . . ORDINANCE NO. 1139 . . . AN ORDINANCE OF mE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE u ABSTAIN: COUNCILMEMBERS: NONE City Attorney Leibold announced for the record that each Resolution and Ordinance No. 1139, were unanimously ilPproved. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:34 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:40 P.M. 21. Public Hearing - Resolution Determining the Validity of Prior Proceedings Relating to Annexation of Property into the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); Calling a Special Election: Canvassing Election Results: and Authorizing the Levv of Special Taxes for CFD 2003-1 Annexation Area No.9 (Serenity). u Agenda Item ~o;,.- I \ c^-: . Page ----llb- of '2 ~ (\ Page Thirteen - City Council Minutes - January 25, 2005 Mayor Magee opened the public hearing at 7:40 p.m. Administrative Services Director Pressey indicated that this proceeding also related to the new Serenity Development. He explained that all new developments are conditioned to participate in this District, which subsidizes public safety services. He advised that this would be an annual assessment of$312.12 per single family dwelling unit and $156.06 per multi-family unit. He indicated that this was a similar process to the last public hearing. Mayor Magee requested testimony from the public. There was no public testimony on this item. - [\ City Attorney Leibold noted for the record that notice was provided as required by the MeIlo-Roos Act and verification was on file with the City Clerk. Mayor Magee inquired if there was any other property owners wishing to file a written protest to this action. He reminded the public that this was the new Serenity project, and not the existing homes. There were no written protests submitted. Mayor Magee closed the public hearing at 7:44 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-6: RESOLUTION NO. 2005-6 [\ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE 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 Agenda Item No. \ . 0.... , Page ~of ?- ~ Page Fourteen - City Cou...cil Minutes - January 25, ~005 u PARAMEDIC SERVICES).. " MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-7: RESOLUTION NO. 2005-7 RESOLUTION OF mE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW . ENFORCEMENT, FIRE ANDPAlUMEDlC SE~VICES) CALLING A SPECIAL ELECTION. Mayor Magee requested tabulation and report on the ballots submitted. \ > u City Clerk/Human Resources Director Kasad reported that the vote was in support of the proposed annexation to the District. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-8: RESOLUTION NO. 2005-8 RESOLUTION OF THE CITY COUNCIL OF mE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF mE ELECTION HELD WITHIN ANNEXATION AREA NO.9 (SERENITY) ANNEXED TO SAID DISTRICT. " MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1138, UPON FIRST READING BY TITLE ONLY: u Agenda Item No, Page \ '-\ I .0-..' of d.... <;Y n Page Fifteen - City Council Minutes - January 25, 2005 ORDINANCE NO. 1138 ORDINANCE OF 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) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.9 (SERENITY) ANNEXED TO SAID - DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE (\ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE- ABSTAIN: COUNCILMEMBERS: NONE . 22. Resolution Approving the Annexation ofTerritorv and the LevY of Assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation Area No.3 (Serenity). Mayor Magee opened the public hearing at 7:46 p.m. (\ Administrative Services Director Pressey noted that this was also related to the new Serenity Development, and was an annexation into the LLMD. He further noted that all new developments with more than four street lights and landscaped areas are annexed into the district as a condition of development. He detailed the proposed improvements and the first year of - assessments. He noted thatthe district carriedat 2% escalator. He detailed Agenda Item N~ 1,0...._ Page ~of ') g' Page Sixteen - City Council Minutes - January 25, 2005 u the process for this hearing. City Attorney Leibold announced this matter had been published in accordance with the requirements and verification was on file with the City Clerk. Mayor Magee inquired ifthere was anyone wishing to provide public testimony on this item. There was no public testimony. He inquired if there were other property owners who wished to file written protests to this action. There were no written protests filed. He reiterated that this was the Serenity 2 project and closed the public hearing at 7:50 p.m. . . Mayor Magee requested that the City Clerk canvass the election returns: City Clerk/Human Resources Director Kasad reported no majority protest to U the proposed action. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-12: ,RESOLUTION NO. 2005-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CApFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO. 3 (SERENITY). BUSINESS ITEMS {\ Page Seventeen - CitY Council Minutes - January 25,2005 vacated by Harvey Ryan; upon his election to the EvMWD Board. He explained that two Councilmembers were asked to be part of a subcommittee for interviews. Mayor Pro Tern Schiffner indicated that he and Councilman Hickman interviewed the applicants and found them all worthy, however, decided that the best applicant for consideration was John Gonzales. ' Councilman Hickman expressed concurrence with this recommendation, but thanked all ofthe applicants, noting that they were all well qualified. Mayor Magee noted that the sub-committee's recommendation was unanimous. n . Councilwoman Kelley commented that in the past Mr. Gonzales had been her appointment to a number of committees including the Palm Trees, the Fire Station Naming imd the Country Club Heights. . I < , . '. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO AlPPOINT JOHN GONZALES TO THE VACANCY ON THE PLANNING COMMISSION FORA TERM CONTINUING UNTIL JUNE, 2008. . . 34. Lake Elsinore Campground and Day Use Facility Concession Agreement. n Lake & Aquatic Resources Kilroy' indicated that the City staff was pleased to bring forward a propdsal for a plan to invest $17 million in the Campground facility. He indicated that the concessionaire had done a great job in operating a very old facility. He introduced Chet Roberts, President of Pyramid Enterprises, for an overview of the proposal. . Mr. Roberts indicated that this discussion w~uld culminate two years of negotiations with City staff, and they were pleased to come before the Council to provide an overview of the project. He indicated that they Agenda Item No. \ . c.... Page ---1..=1= of ?-- 3' Page Eighteen - City Council Minutes - January 25, 2005 u would proceed in three phases, to maintain the continuity of the facility throughout the development phase. He detailed the proposed improvements incl~ding 160 full hook-up sites, a recreation center, swimming pool, realignment ofthe entrance, tennis courts and a dry storage area. He commented on the sensitivity of the tree situation and indicated that they would preserve the existing trees where possible. He indicated that they will work to create an environment that is much safer for the campers. He cOI}1mended City staff on their two years of negotiations and thanked them for their efforts. Lake & Aquatic Resources Director Kilroy requested that the City Attorney highlight the details of the agreement. -' City Attorney Leibold indicated that there would be a $17 million investment over a period of up to three years. She indicated that upon completiqn, a new financial arrangement would come into effect for 5% of U the gross receipts, with a minimum of $150,000 for the first five years. She advised that the term was for.40 years, and theCity had a buyout provision based on the unamortized value of the improvements. She indicated that it was a-long term agreement with the improvements coming through the standard City entitlement process. She noted that one of the key improvements was tQ.e realignment of the entrance with Lincoln Avenue. City Treasurer Weber questioned the track record of the concessionaire on a project of this type anq their successes. Lake & Aquatic Resources Director Kilroy noted that they were teaming with a developer that had done a number of projects. He also noted that a completion bond would be required as insurance, with a check for $50,000 up-front and the completion bond for the $17 million. City Treasurer Weber inquired if they had done a project of this size before. Mr. Roberts.indicated that they had not, as this would be a five star resort; but stressed.that his career was operating campgrounds, so he brought good experience to the project. City . Treasurer Weber inquired into the biggest project they had done. Mr. Roberts indicated that he manages about 200 campgrounds ~cross the United States, but they have not been involved in one nearly this size. City U Agenda Item No, \, 0.. . Page \ <;( of d- '?" n Page Nineteen - City Council Minutes - Jaituary25, 2005 - Treasurer Weber indicated that people usually waIit to do some verification of dollars involved in a project of this size. He indicated that he did not think there had been any audit of the receipts coming in; and suggested' verification would be more prudent for the City, than going into this arrangement based on trust. He suggested that there was a need to know the potential capabilities of the campground. He questioned who had looked at the numbers to make sure they made sense. Mayor Magee questioned the concessionaire's trackrecord over the'last three years. Lake & Aquatic Resources Director Kilroy indicated that when the City operated the facility it was loosing about $160,000 a year, and it was flooded. He further indicated that when Pyramid took over the boat launch became operational and the City had received about $30,000 a year. n Mayor Magee inquired if there had been an audit'ofthose books. Lake & Aquatic Resources Director_ Kilroy indicated that there had not been a formal audit, but the City received monthly statements. City Attorney Leibold commented that each of the monthly statements was in order and there had been no cause for a formal audit. She stressed that there were specific requirements for maintenance of the books and records, including the requirement that they use a CPA to provide audited financial statements. She advised that she and the Administrative Services Director had reviewed the plan and felt very comfortable with their perforinanceto date. She indicated that it was viewed as a mutually beneficial plan. " n Mayor Magee inquired if the City Treasurer felt more comfortable based on this information. City Treasurer Weber indicated that from a business standpoint it should have been audited up-front. He commented that it was good it was in the contract, but he was not sure why it was not done in the beginning to understand the status. He questioned if there had been adequate due diligence in that this was the first time the developer was doing a project of this type. He indicated that he trusted staff's judgment, ,but it would be good to verify. Agenda Item No. \ .rt / Page~of <{' Page Twenty - City Council Minutes - January 25, 2005 u Councilman Buckley commented that. the City would get more money out of this plan than it was currently receiving. City Attorney Leibold noted that due diligence was conducted. Mr. Roberts introduced Fred Rice, who had the experience of doing this type of development. Fred Rice, indicated that he had been in the development arena for 35 years, and noted that in 1995-98, he did a $150 million project in Nevada. He indicated that most of his projects are single family residences inthe $20 to $50 million range. He indicated that he owns two mobile home parks, and .. this is not a large project for him. He stressed that he iscapable.ofbuilding . and operating a project of this size. Mayor Magee noted that Mr. Rice was the Development arm and Mr. U Roberts ~as the Management arm, and they were joining efforts on this project. He noted that they were making a considerable investment in the community. , . Councilwoman Kelley commented that over the years, when there was an interest in overhauling the campground, there was a concern for the tent camping area. She noted that the boy scouts frequently used the area and she was very. concerned with the preservation of that area for tent camping. Mr. Roberts confirmed that they would preserve an area for the boy scouts, which would be affordable, but closer to the lake. MOVED BY BUCKLEY, SECONDED BYSCHIFFNER TO APPROVE THE CONCESSION AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT SUBJECT TO ANY MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY. Mayor Pro Tern Schiflher indicated that he was looking forward to seeing the project started and completed. He commented that he was happy to have them here. Agenda Item No. \ . c.... . Page .20 of ~ IS' u ['\ Page 1\venty-One - City Council Minutes ':""January 25, 2005 " Mayor Magee noted that this was a $17million investment for tourist recreation oriented business over the course of three years, which 'would make a dramatic impact on the valley. 'He suggested that it would fire the community's economic motor, and commended staff and the City Attorney on an excellent job. He noted that while the agreement was' for 40 years, there was a buy~out provision. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. FinaIPlait to Rehabilit~te the Boat Linmch Facility at the LERA Campground." . ['\ ". Lake & AquatiC Resources Director Kilroy noted that this was'a request for direction for rehabilitation of the facility. He explained thatthe facility was built in the mid-1960's and was overdue for rehabilitation. He reminded Council that the City had received a $3 millio'n grant, which would cover o/.'s of the total project amount, but not the iriiprov~ments to the adjacent peninsula.. He indicated that to' insure operational safety of the shoreline, it had been considered by the Public Safety Advisory Commission and they 'recommended four different options. He detailed the options; and indicated . . the options were reviewed by Noble Consultants, who recommended o'ption 2 for functionality. He eXplained that the project would consist of floating dockslbreakwater system, removal of a portion of the peninsula, with the remaining portion ofthe peninsula graded and contoured to take out any abrupt grades. He advised that it would include a 425 foot dock, anchored by pilings; which would serve as a visible barrier. He indicated that the Public Safety Advisory Commission had reviewed the recommendation on January I t\ but had several concerns. He stressed that the criteria was safety to swimmers and boaters, and staff had recommended consideration of no breakwater at all, but some felt the breakwater was desirable. He advised that the recommendation of plan 2, carried a total cost from $4.89 million to $5.2 million, depending on the cost of dredging and fill materiaL He indicated that staff had set aside $909,000 in the Capital Improvement Budget, but would require up to an addition $1.3 million. He noted other Agenda Item No. I. c\.' . Page 0.. \ of 0....X n Page 1\venty-1\vo -:- City Council Minutes -: January 25, 2005 u possible optionsfor funding and recommended concurrence with the Public Safety Advisory Commission recommendation for option 2, with staff being directed to investigate other funding sources. ; ,. - , Councilman Buckley noted that he ha~ requested consideration ofthisjtem after the Concession Agreement, so there~ould be a new revenue stream. He suggested approving the project with funding from Capital or the new revenues from the campground itself Councilman Hickman expressed concern with the needed $1.3 million, since only $900,000 was in the budget. He noted the other needs 'for this ye,ar such as Highway 74 infrastructure and the new fire station. He stressed the ;,' need to come up with some creative, financing, as other projects are more important and budgets will get tight. , Mayor Pro Tern Schiffueraqdressed the concern for additional funds and indicated that staff had several options for financing, as well as possible one time revenue sources. He indicate,d that he, did not see a great proplem over the two year period. He stressed that this was really nee,ded to make the operation worthwhile and address the safety issue~ aUhe same.ltime. He indicated that he was in favor of moving ahead. u I;' Councilman Hickman in'dicatedthat he wasin favor of the project, but concerned with the financing. . , Councilwoman Kelley commented that no one would argue that , .. - . transportation was a priority, but thi~ action was ,directing staff to find a way to finance the project. She stressed that they would have to identify the funding source. .' She indicated that she was willing to assign that responsibility and support the motion. .c MOVED BY BUCKLEY, SECONDED BY HICKMAN TO SUPPORT.. OPTION 2 AND DIRECT STAFF TO IDENTIFY FUNDING WITH CAPITAL FUNDS OR CAMPGROUND CONCESSION REVENU~. Agenda Item No. \ . (A. . / Page 'l. 'Aof -::L\? u ('1 Page Twenty-Three - City Council Minutes - January 25, 2005 Councilwoman Kelley questioned the use of the campground concession money. Councilman Buckley clarified that it would be the income the campground would be generating, due to the new agreement. Councilwoman Kelley expressed concern with locking into something that would not pan out, time wise.. Administrative Services Director Pressey . inquired if there was any limitation on the capital funds. Councilman Buckley clarified thai staff should .Iook at capital first, then concession monies and general fund last. Mayor Pro Tern Schiffner indicated that he was reluctant to look at a process that would tie staff up too tightly, bilt this proposal would not do that, as capital is a broad category. ('1 Mayor Magee clarified that the intent was no general fund money and no unallocated revenues. He noted that at the study session a concern was raised regarding the 15/74 interchange; and indicated that had discussions with Caltrans and they think they will be able to resolve that issue. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Formation and Selection of General Plan Advisory Committee. ('1 City Manager Brady indicated that the City was in the process of updating the General Plan and had approved $500,000 this year and $500,000 next year in funding. He further indicated that the consultants had been hired to update the plan and staff had met with them in the process. He noted Council's interest in public participation and a number of organizations, agencies and individuals which had been mentioned for participation. He . suggested that the Committee be limited to 10 to 15 members, inchiding representatives of the Chamber, Schools; Water District, Business Owners, Residents, Adjacent Residents, a Plarining Commissioner, the Tourism Industry and the Development Community. He suggested that the Council . encourage people to apply and turn their names in to the City Clerk's Office; Agenda Item No. _I .0... Page ?- <, of ?-[{ Page Twenty-Four - City Council Minutes - January 25, 2005 u with the matter retumiIm to the February 22nd meeting for appointments. Mayor Magee requested that Councilwoman Kelley and Councilman Buckley serve as appointees to a subcommittee to review those interested in serving on the GPAC, and bring a recommendation back to Council. He . reiterated that anyone interested in participating contact the City Clerk's Office or the City Council Members on the subcommittee. He noted that the Mayor would !iPpoint the .Chairperson to the GPAC. , Councilman Buckley suggested that to make the February 2t'd meeting, everyone interested should submit their names by February 10th, so the subcommittee can decide how to proceed. MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPOINT C.OUNCILMEMBERS BUCKLEY AND U KELLEY TO ,THE SlffiCOMMITTEE TO SELECT AND RECOMMEND THE MEMBERS FOR THE GPAC TO INCLUDE THE AGENCIES PREVIOVSLY LISTED PRIOR TO FEBRUARY 22ND. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:29 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:33 P.M. PUBLIC COMMENTS.,.. NON-AGENDIZED ITEMS - 3 MINUTES Paula Graver,'117N. Poe Street, read a letter from a soldier serving in Iraq,'. thanking the.community for the support of the troops. She noted that there was a website for positive information on the effort in Iraq being www.strikersnews.com She also read a poem entitled "God Bless a Soldier". She invited everyone to attend the second anniversary of the rallies on March 12th~ Chris Hyland, 15191 Wavecrest, noted an article about the flood control letter. U Agenda Item No. I \ c..... Page ~ ?-c,( n Page 1\venty-Five -City Council Minutes - Jail miry 25, 2005 i i I, il " " :1 " Ii I' ,I :1 :/ :1 ;, I " " , , !I ;1 I ii n II I, I i I " , I I 'I " 'I I I , " I I n She stated that she was present as a private citizen,' mid stressed her first amendment right as either a citizen or an elected official. She questioned if the Council was aware that sand was poured into the end of the levee and indicated that it should have been impervious material. She indicated that it was the opinion of many that the levee should not have been configured in a 900 curve. She reiterated the need for an impervious material that would not erode. Vida Boice, 17 Ponte Negra, addressed the City Council and Police Chief regarding continuing issues with motorcycles in her neighborhood. She indicated that it had been discussed with police representatives, arid stressed that police officers were being paid to deal with the problem. She stressed that the riders were making the area a racetrack and indicated that the police needed to do more. Mayor Magee suggested talking with the Police Chief regarding the exact location so it could be addressed with the ROVE program. Mrs. Boice further addressed her concerns with Railroad Canyon Road. She indicated that she had no problem using Franklin Street as an alternative, but stressed that it was in bad shape and questioned if it would be adequate. She indicated that it was difficult for two big cars to pass, as it currently existed. Mayor Magee indicated that City Engineer Seumalo would be happy to meet with Mrs. Boice and listen to her concerns. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Congratulated Dan Uhlry on his Citizen ofthe Year recognition. 2) Commended the Chamber of Commerce on a very nice event. 3) Addressed VIla Lane, and indicated that staff was aware of the issues, had met with the residents several times, and were looking at the concerns. He noted that staff was also looking at similar concerns on Timberlake with the traffic from the 'development of the adjacent property. ' Agenda Item No, \ . ~. Page ')., "of ~ l?" Page 1\venty-Six -:- City Council Minutes - January 25, 2005 .,;" u 4) . Indicated that sta,ffwas looking at Franklin Street, and noted that it . :was part of the unfunded project list., . CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Wished City Manager Brady: a Happy Birthday. . COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS u City Treasurer Weber had no comments. CITY COUNCIL COMMENTS Councilman Buckley commented on the following: 1) Thanked Congressman Issa's Office for the opportunity to attend the inauguration, and noted a line from the President's speech, that "to serve the people, one needs to trust them". Councilman Hickman commented on the following: 1) Offered kudos to the Chamber of Commerce for the Installation Dinner, and noted that the women looked gorgeous; 2) Congratulated Citizen of the Year Dan Uhlry,Packman Winner- Sally Myers, Large Business of the Year - Lake Chevrolet, Small Business of the Year - A Better Party. u Agenda Item No. \ ,~. Page :1-(" of :2 ~ (\ Page Twenty-Seven - City Council Minutes - January 25, 2005 '3) Offered congratulations to John Gonzales on his appointment to the Planning Commission. Councilman Schiffuer commented on the following: I) Concurred with Councilman Hickman that the women at the Chamber Dinner looked nicer than the men. , '1 Councilwoman Kelley commented on the following: 1) Congratulated Mr. Cousins on a wonderful installation, noting that the food was great, arid the decorations were outstanding. (\ 2) Congratulated John Gonzales, noting that he had been in the community a long time. 3) Thanked Mayor Magee for being able to playa part on the General Plan subcommittee. She reiterated that interested parties should contact herself, Councilman Buckley or the City Clerk. 4) Wished City Manager Brady a Happy Birthday. Mayor Magee commented on the following: 1) Recognized Mr. Cousins and the Chamber Board for their work on the Chamber Installation. He concurred that Dan Uhlry was truly the Citizen of the Year. 2) Noted that the brochures for the RDA and PSAC were approved this evening. He indicated that staff working with the graphic artist had elevated this work to a top notch project. (\ 3) Noted that there was an announcement for the last meeting that he forgot to read. He apologized to Ms. Graver and noted that from 10 Agenda Item No. \, 0.. . Page ?-l~ Page Twenty-Eight - City Council Minutes - January 25, 2005. a.m. to 3 p.m. on March lib there would be a celebration of the 2nd Anniversary of the Support the Troops Rally, with over 100 motorcycles. He further noted that there were still rallies every Saturday from 10 a.m. to 2 p.m. in front of Burger King. He indicated that people wanting to get involved could contact Ms. Graver at 951-,805-2878 or Alaskan.an~el@verizon.net. 4) Announced the following upcoming events: January 26th Homeless Census starting at the Cuhur~i C~nter . February 5th Household Hazardous Waste Collection at the City, Yard February 6th Open Air Market, Downtown . . - ADJOURNMENT , , THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:49 P.M. : I.... ROBERT E.MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: .' , '. . , '. VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE ,. . Agenda Item...1'lo. \ l 0.. . Page '",J.... 8"' of ;Lrf u u u n (\ (""\ MINUTES' PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTHMiUN STREET LAKE ELSINORE, CA 92530 TUESDAY, JANUARY 4, 2005 CAll. TO ORDER: Chairman LaPere called the Regular Planning Commission Meeting to order at 6:05 PM. Community Development Director Brady led the Pledge of Allegiance. ROLL CAll. PRESENT: COMMISSIONERS: LAPERE, LARIMER, UHLRY ABSENT: COMMISSIONERS: O'NEAL ' Also present were: Community Development Director Brady," Planning/ Code Enforcement Manager Villa, Engineering Manager Seumalo, Senior Planner Morita, Deputy City Attorney Miles and Rental Housing Clerk Alexen. .: PUBLIC COMMENTS ~ T Donna Franson, 7 Villa Valtena, Lake Elsinore, noted that the second 'issue of the Citizen's Committee Newsletter would be out the following week. She further noted that the first general meeting of the Citizen's Committee would be held on January 27'" at 7:00 p.in. She indicated that she had received 250 interest cards and that it was their intention to encourage' positive growth and support for the City of Lake Elsinore and invited all interested parties to attend. CONSENT CALENDAR 1. Minutes 11 a. December 21, 2004 - Regular Planning Commission Meeting Minutes. Commissioner Larimer requested clarification that the date reflected on the Minutes was correct and stated that she thought the Minutes were from December. " AQENDA ITEM No.--Lb. PAGE-L OF 5 PAGE 2 - PLANNING COMMISSION MINUTES - January 4, 2005 Commissioner UWry explained to Commissioner Larimet; that the Minutes that were approved at the last meeting were the November 16th meeting' and' the Minutes to be approved presently were the December 21, 2004 meeting. u MOVED BY LARIMER, SECONDED .BY UHLRY AND PASSED BY A VOTE OF 3-0 TO APPROVE THE CONSENT CALENDAR~ BUSINESS ITEMS 2. Residential Project No. 2004-16. Design Review of Model Homes and Production Units for Tract Map No. 30493 (Cross creek) and Residential Project No. 2004-17. Design Review of Model Homes and Production Units for Tract Map No. 31706 (Briarcliff) Within Canyon Hills Specific Plan Community Development Director Brady gave a brief overview of the project and requested the project planner review it with the Planning Commission. Senior Planner Morita noted that the project consisted of two residential design reviews and an eight-unit model home complex. He explained' that R2004-16 proposed 127 Single Family Units and R2004-19 proposed 111 Single Family Units. He indicated the location of these projects in the Canyon Hills area using the exhibits. , . u He provided an overview of the design of the eight-unit model home complex and parking lot, including landscaping and enhancements. He stated that staff supported the proposed project and recommended approval. He noted a correction on page four of 74 of the staff report under "b" it should read "...Spanish, Italian and Craftsman Cottage... " Ron Nugroho, 10880 Wilshire Blvd, LA, Pardee Homes agreed with and accepted the staff report and conditions of.appr~val as presented. Commissioner Larimer stated that she had a few questions and comments for clarification. She indicated that on page 2 of 72, item 1 b, she read that "treatments are being offered" and requested clarification of "offered" and whether the home owners chose the design of the outside of their homes or if the features were added to the homes as something standard. Mr. Nugroho explained that the three different exterior elevations were pre-plotted, so the home owner selected the plan they desired and. the exterior elevation had been previously assigned to the house. Commissioner Larimer stated that a problem she had encountered was that the homes are built dose together and her master bath looked into her neighbor's master bath and she wanted to make sure that would not be a continuos problem. u AGENDA ITEM NO. J . \, , PAGE~ OF .5 n n n PAGE 3 - PLANNING COMMISSION MINUlES ~ January 4, 2005 Mr. Nugroho confirmed that the problem did not exist due' to the plotting of each house. He indicated that on the floor plan included, in the staff report, the windows in the master bath were located in the rear of the house to give the home owner more privacy. Commissioner Larimer indicated that was good to know. She further indicated that she enjoyed the bottom left window in the Italian Architectural Style. He noted that on some of the homes there was an oval shaped window on the bottom floor, but there were no other windows that were oval. She asked if it was hard to make oval windows on the ups~s for consistency. Mr. Nugroho stated that it did not make any difference as to the shape of the window as it relates to the cost of installation. He explained that it was more appropriate in the Italian elevation to put the half round window on the first floor instead of the second floor. Commissioner Larimer stated that she loved the double-sided fireplace in.the Italian elevation. She further stated that she was glad to see single-story homes. She asked if he worked in the Ladera Ranch project. Mr. Nugroho stated that he worked in the Inland Empire region and that there was another division for the Ladera Ranch project. . . Commissioner Larimer stated that she loved that project that Pardee Homes did in Ladera Ranch. Commissioner Uhlry stated that, as usual Pardee had done an excellent job. He inquired as to the time frame for the completion of the bridge in Canyon Hills. There was brief discussion regarding the completion schedule of the bridge in Canyon Hills. Chairman LaPere stated that Mr. Stringer had maintained the excellence that Pardee has been known for and the he was pleased with the location of the master bath rooms as well as the lot sizes. He further clarified the placement of the different architectural styles on the plot ,plan. He stated that Pardee did an e~cellent job and n'?ted his excitement as to the completion of the bridge. There were no additional requests to speak on the project. Chairman LaPere requested the reading of the resolutions by Community Development Director Brady. . . . ," MOVED BY LARIMER, SECONDED BY UHLRY AND PASSED BY A VOTE OF 3-0 TO ADOPT RESOLUTION NO. 2005-1, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL PROJECT NO. 2004~16 ,WHICH ENTAILS DESIGN REVIEW OF A FOUR-PLAN MODEL HOME COMPLEX AND PRODUCTION UNITS WHICH WILL BE CONSTRUCTED THROUGHOUT 127 SINGLE-FAMILY RESIDENTIAL LOTS WITHIN TRACT MAP NO. 30493 AGENDA ITEM NO.~, PAGE..2L. ~ PAGE 4 - PLANNING COMMISSION MINUTES - January 4, 2005 MOVED BY UHLRY, SECONDED BY LARIMER AND PASSED BY A VOTE OF 3-0 TO ADOPT RESOLUTION NO. 2005-2, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL PROJECT NO. 2004-17, WHICH ENTAILS DESIGN REVIEW OF A FOUR-PLAN MODEL HOME COMPLEX AND PRODUCTION UNITS WHICH WILL BE CONSTRUCTED THROUGHOUT 111 SINGLE-FAMILY RESIDENTIAL LOTS WITHIN TRACT MAP NO. 31706 u INFORMATIONAL Community Development Director Brady. announced a Study Session scheduled for Thursday, January 06, 2005 for the CDBG allocation at the Cultural Center and a Mid-year Budget Review scheduled for Thursday, January 20'" at 5:00 p.m. STAFF COMMENTS NONE PLANNING COMMISSIONER COMMENTS Commissioner Uhh;y commented on the following: u . Congratulated Community Development Director Brady on his appointment as Interim City Manager and stated that he should have been made permanent City Manager; . He noted a letter the Planning Commission and staff received from Mr. and Mrs. Maisel regarding the proposed project oil Dexter Ave. He noted that the Maisel's had failed to consider what the Planning Commission wanted to accomplish in the City. He further noted that the Commission had given the Maisel's several recommendations and tried to be accommodating, however they were proposing an eye-sore. Commissioner Larimer commented on the following: . . Concurred with Comrnissioner Uhlry's comments regarding the Maisel's; . Wished everyone Happy New Year. Chairman LaPere commented on the following: . Concurred with Comrnissioner UhIry's comments regarding the Maisel's letter and noted the misstatemens contained in the letter. He noted that the applicant inappropriately blamed the City after staffs numerous attempts of accommodating them; . u AGENDA ITEM NO....Lk- PAGE~OF 5 1 PAGE 5 - PLANNING COMMISSION MINUTES - January 4, 2005 ('\ . Stated that in his humble opinion there was nobody more qualified to run the City as Interim City Manager as Community Development Director Brady and he was hopeful that he would submit an application for the permanent position; · Stated that Community Development Director Brady speaks well for his department and has a high regard for staff; · Stated that Community Development Director Brady was an exceptional leader and the he could looked forward to that leadership in 2005 and beyond; · Thanked Community Development Director Brady for the leadership and the effort he provided to staff and the Planning Commission. . Planning/Code Enforcement Manager Villa indicated that the Planning Commission would have the opportunity to address the letter and project submitted by Mr. and Mrs. Maisel at the next Planning Commission Meeting when it is brought back for consideration. Commissioner Larimer asked what the CDBG was. Community Development Director Brady provided an explanation of the CDBG program and what those funds were used for in the past. He further explained the process for allocation of the funds. n ADJOURNMENT THERE BEING NO FURTHER BUSINESS, CHAIRMAN LAPERE ADJOURNED THE MEETING AT 6:37 PM ON JANUARY 4,2005. Ron LaPere, Chairman Respectfully Submitted, Lisa C. Alexen Rental Housing Clerk ATTEST: Robert A. Brady, Secretary to the n Planning Commission AGENDA ITEM NO. J \ h PAGE~OF~ ',' << .J' -,', , , " , L:-l u u () n (\ n MINUTES PUBLIC SAFETY ADVISORY COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, DECEMBER 8, 2004 ************************************************************* CALL TO ORDER . Chairman Uhlry called the Public Safety Advisory Commission Meeting to order at 6:00 p.m. . ROLL CALL PRESENT: COMMISSIONERS: ARNOLD,.HEWISON, LEWIS, KNIGHT, UHLRY ABSENT: COMMISSIONERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Information/Communications Manager Dennis and Clerk of the Board Ray. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Vice Chairman Lewis. PUBLIC COMMENTS None. CONSENT ITEMS None. Agenda Item No.J . c. Page-l- Of 7 Page Two - Public Safety Advisory Commission Minutes - December 8, 2004 u BUSINESS ITEMS 21. Citizen's Volunteer Safety Patrol. City Manager Watenpaugh indicated that Chief Fetherolf had formalized the items on the board during the Study Session. He indicated that the staff report included an outline. He indicated that there were issues that needed to be researched ranging from structure to legal issues. He indicated that the Advisory Commission first needed to determine if the City should have a Citizen's Safety Patrol Program. Chairman Uhlry requested feedback from the Commission on the idea of a Citizen's Safety Patrol. Chairman Uhlry indicated that he had a problem with the list. He questioned how the Commission could determine what the City wanted to do, if they did not know what they wanted to do. City Manager Watenpaugh commented that staff proposed the question, does the Commission wish to pursue researching the pros and cons of a Public Safety Patrol. u Commissioner Knight indicated that after reviewing the questions he felt that the program might fail due to lack of volunteer and other issues. He questioned the pursuit of something that might fail. Vice Chairman Lewis indicated that he was opposed to the idea initially, but after reading some of the promotional brochures supplied by some of the Cities that had implemented the Citizen Patrol he felt it was an issue the Commission should spend more time researching. Commissioner Arnold indicated that it was appropriate to continue the study of a Safety Patrol. He suggested studying the idea from a useful perspective. Chairman Uhlry indicated that he had already been approached by citizens that wanted to be involved. Agenda Item No. \. L . u Page (.l Of I 0age Three - Public Safety Advisory Commission Minutes ~ December 8, 2004 Commission Hewison indiCated that he agreed with the comments made from Commissioner Arnold. He suggested,moving forward and evaluating the value ofthevolunteer force. He commented that hope would not exist if not for volunteers. He also commented that he was aware of the difficulty of recruiting good volunteers. City Manager Watenpaugh indicated that there was a deadline approaching . regarding Homeland Security Grants, which could help fund this kind Of a ' program; but he was not sure of the actual deadline. n City Manager Watenpaugh suggested staff putting together a program and presenting it to the Commission. He indicated that it would take less time if staff presented a draft program that the Commission could pick apart. Chairman Uhlry agreed with City Manager Watenpaugh. Commissioner Hewison indicated that he had done some research; and had gathered some information from the National Association of Citizens on Patrol, which he would provide to each Commissioner and staff on how to start a Citizen Patrol Organization. He suggested a draft proposal from staff,llligned with the information from the Association. . Chairman Uhlry commented that there were Citizen Patrols throughout the State and there was no need to reinvent the wheel. . Commissioner Knight inquired ifthis were active, if members of the Commission would be willing to volunteer. Three members of the Commission commented that they would. Commissioner Arnold commented that it made sense to go along in the beginning for a period of time, to make sure it was operating properly. Commissioner Knight indicated that the information he reviewed led him to believe that most of the volunteers were elderly and retired individuals: Chairman Uhlry indicated that most inquiries he had received were from middle aged citizens. Commissioner Arnold indicated that he believed there was considerable interest in the community. . n Agenda Item No. \ .t.-. Page 3 Of 1 Page Four - Public Safety Advisory Commission Minutes - December 8, 2004 MOVED BY LEWIS, SECONJ)ED BY ARNOLD AND CARRIED BY UNANIMOUS VOTE, TO HA YE CITY STAFF PUT TOGETHER A DRAFT REPORT FOR A CITIZEN PATROL TO BE REVIEWED AND DISCUSSED AT THE JANUARY 12TH MEETING. 22. Public Safety Advisory Commission Update. City Manager Watenpaugh gave an overview of the item. He indicated that Commissioner Hewison had put together a status report. He indicated that . staff was prepared to give an update on the items Commissioner Hewison had referenced. ~ , u , , City Manager Watenpaugh indicated that there was some brief information on the web page. He. indicated the follow up had come in from the consultant earlier today. He indicated that the. brochure was in the final draft stage, but there weresome blanks; and the next portion was the directory U which had not been finalized. . City ManagerWatenpaugh indicated that the Lake Elsinore Boat Launch Safety Design cost would be on the Council Agenda for December 14th to. approve the $3 million grant from Boating & Waterways and as a part of that the City had just received the study that the Commission had authorized for the additional work on the boat launch area for safety.. City Manager Watenpaugh.indicat,ed that in regard to the Lake Safety Assessment, Lake & Aquatic Resources Director Kilroy had indicated to him that he had found someone with water safety experience. Assistant City Manager Best indicated that the Commission did act to request that the Safety Study focus primarily on Lakeshore Drive and, the area around the, boat launch, but she believed that Mr. Kilroy after following up with the City's JPIA and other sources, had found that the City needed.a broader scope for a Safety Study. She indicated that it might not be funneled in the smaller focus that the Commission had requested. Chairman Uhlry indicated that he believed the intent of the Commission was the area where the five deaths had occurred. He indicated that area was the primary area and had to Agenda Item No._1 ,C . Page L{ Of 7 u (\age Five - Public Safety Advisory Commission Minutes":' December 8, -2004 be looked at hard; and that was the whole idea of the marina/boat launch fix. City Manager Watenpaugh indicated that he would qualify for the minutes that staff was improving the boat launch facility and making additional improvements for upgraded services and safety. Chairman Uhlry indicated that the Commission was looking at a long term fix for the problem. City- Manager Watenpaugh indicated that the report Mr. Noble completed would proVide all of those safety issues the Commission was concerned about in the boat launch/marina area; and Assistant City Manager Best was qualify in that the JP A was still looking at a broader safety issue. Commissioner Hewison clarified that it was the shoreline and not Lakeshore Drive that was being discussed. City Manager Watenpaugh corrected himself and clarified that it was the shoreline that was being discussed. (\ Information/Communications Manager Dennis indicated that the . Commission had received a draft of the brochure with some gaps which allowed some freedom to play with the contents that they might want to include. He included that staff was trying to do a lot with this and it was taking a little more time than originally budgeted. . . CITY MANAGER COMMENTS City Manager Watenpaugh indicated that he would be placing an order for business cards for the Commissions after the first meeting in January. He indicated that there might bean item brought back to the Commission regarding weekend transportation for the youth. . COMMISSIONERS COMMENTS n Commissioner Hewison commented that he had attended the Planning Commission Meeting the night before and he was concerned to hear that one of the developers was looking to put pools in the model homes. He indicated that kids were not with parents at the model home tours. Chairman Uhlry indicated that he spoke with the developer after the meeting and they were very concerned. He indicated that it was a thought the developer had and they had done it in other developments. Commissioner Hewison suggested that staff gave an update on Agenda Item No.--1 t C . Page S Of 7 Page Six - Public Safety Advisory Commission Minutes - December 8, 2004 Homeland S~curity Grants. He complimentedInformationlCommunication Manager Dennis on the pumerous community outreach resources on the Lake Elsinore web site. '''> !.. , ' Commissioner Arnold had no comments. " .J"; , Commissioner Lewis commented that the volunteer program had a lot of mixed messages. He indicated that he was interested in the City's marketing and, promotion plan. " , Commissioner Knight commented that he would be out oftown for the January meeting. Chairman Uhlry commented on the confusion regarding the appointments of the, ' Public Safety Advisory Commissions. ADJOURNMENT THE PUBLIC SAFETY ADVISORY COMMISSION MEETING WAS ADJOURNED AT 7:00 P.M. DANIEL UHLRY, ,CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION Agenda Item No. I. c: . Page {P Of 7 u u () ~,age Six - Public Safety Advisory Commission Minutes - December 8, 2004 Respectfully submitted, FREDERICK RAY, CLERK OF THE BOARD ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE n n Agenda Item No.J ,c..., Page 7 Of 7 u u u JANUARY 31. 2005 (\. FUND# 100 102 105 110 130 150 205 351 357 358 359 362 ' 363 368 608 620 CITY OF LAKE ELSINORE FUND DESCRIPTION GENERAL FUND L.L.E.B.G. PROGRAM FUND MISCELLANEOUS GENERAL PROJECT FUND STATE GAS TAX FUND LIGHTING / LANDSCAPE MAINTENANCE FUND C.D.B.G. FUND TRAFFIC IMPACT FEE FUND A.D. 87-2 DEBT SERVICE FUND C.F.D. 2003-02 DEBT SERVICE FUND C.F.D. 91-2 DEBT SERVICE FUND C.F.D. 90-3 DEBT SERVICE FUND C.F.D. 95-1 (1996-E) DEBT SERVICE FUND C.F.D. 88-3 SERIES A (lII(a)/97) DEBT SERVICE FUND C.F.D. 2004-2 VISCAYA DEBT SERVICE FUND TRUST DEPOSITS & PRE-PAID EXP. FUND COST RECOVERY SYSTEM WARRANT SUMMARY TOTAL 1,783,734.25 " 2,757.44 4,273.94 ' 845.00 120,669.24 9,632.00 4,565.57 . 25,202.50 3,700.00 1,350.00 1,350.00 900.00 1,350.00 ' 1,500.00 . 1,500.00 ' 7,538.37 (\. n, GRAND TOTAL 2/112005 WARRANT 013105 1,970,868.31 AGENDA ITEM.NO. ;), PAGEL OF~ JANUARY 31. 2005 CITY OF LAKE ELSINORE~ CHECK# VENDOR NAME 80412 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 80571 SERVICE ONE SERVICE 80572. DEPARTMENT OF CONSERVATION 80573 I.C.M.A. RETIREMENT TRUST 80574 . AL TURA CREDIT UNION 80575 ELIZABETH HARRISON 80576 RIGHTWAY 80577 ' CALIFORNIA P.E.R.S. 80578 UNION BANK OF CALIFORNIA 80580 VOID 80581-80583 A & A JANITORIAL SERVICE 80584 AMERICAN FENCE COMPANY, INC. 80585 AMERICAN FORENSIC NURSES 80586. AMERICAN PLANNING ASSOCIATION 80587 APPLE ONE EMPLOYMENT SERVICES 80588 ARTISAN GOLDSMITHS & AWARDS 80589 RUTH ATKINS 80590 B. STEPHEN COOPERAGE, INC. . 80591. THE BAG LADY SANDBAGS 80592 CYNTHIA BLOOD-WILSON 80593 BOATS PLUS 80594 C.R. & R. DISPOSAL, INC. 80595 CALIFORNIA MUNICIPAL REVENUE & TAX ASSOCIATION 80596 CALIFORNIA BUILDING OFFICIALS 80597 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 80598 CANYON TIRE SALES, INC. 80599 JOHN CARLSON 80600 ROBIN CHIPMAN 80601 CITICORP VENDOR FINANCE, INC. 80602 COAST TO COAST WIRELESS, INC. 80603 KIRT A. COURY 80604 CRAFCO, INC. 80605 CUTTING EDGE STAFFING, INC. 80606 D & SELECTRIC 80607 DANKA OFFICE IMAGING 80608 DAPEER, ROSENBIL T & LITVAK, L.L.P. 80609 DNC PARKS & RESORTS AT YOSEMITE, INC. 80610 DO IT CENTER 80611 CAROLE K. DONAHOE 80612-80618 E.V.M.w.D. 80619 E.G. BRENNAN & CO., INC. 80620 ELSINORE PIONEER LUMBER CO. 80621 ELSINORE VALLEY RENTALS 80622 EXCEL LANDSCAPE, INC. 80623 EXXON MOBIL 80624 JON FAZZIO 80625 TERI FAZZIO 80626 FEDERAL EXPRESS CORPORATION 80627 FIRST AMERICAN REAL ESTATE SOLUTION 80628 GEARHART'S GARAGE, INC. . 2/1/2005 WARRANT 013105 WARRANT LIST AMOUNT ( \ 1,650.00 ~ 5,000.00 5,653.00 3,979.56 1,325.00 440.00 895.00 30,794.80 307,009.81 0.00 5,352.05 1,702.00 300.30 250.00 557.70 130.71 133.00 802.74 1,360.00 80.81 605.33 165,048.62 50.00 330.00 U 525.00 499.96 506.25 546.71 770.41 56.96 4,643.34 2,410.51 1,301.25 1,068.50 259.04 531.40 554.50 95.80 2,003.55 11,942.54 474.10 235.54 319.00 2,480.00 183.66 370.50 40.00 12.44 144.45 U 4,484.90 AGENDA ITEM NO. d- PAGE~ OF L..\ JANUARY 31. 2005 CITY OF LAKE ELSINORE 0HECK# 80629 GOLF VENTURES WEST 80630 GOVERNING MAGAZINE 80631-80632 GREENSCAPE 80633 80634 80635 . 80636 80637 . 80638 80639 80640 80641 80642 80643 80644 80645- 80646 80647 80648 . 80649. 80650 80651 80652 ,r<10653 ( j654 80655 80656 80657 80658 80659 80660 80661 80662 80663 80664 80665 80666 80667 80668 80669 80670 80671 80672 80673 80674 80675 80676 80677 n678 J679 VENDOR NAME . GTSI CORP. ARLINE GULBRANSEN SANDY HANEY HARRIS & ASSOCIATES, INC. HAULAWAY STORAGE CONTAINER, INC. HDR ENGINEERING, INC. JAMES L. HUNTINGTON INLAND EMPIRE ECONOMIC PARTNERSHIP INLAND EMPIRE LOCK & KEY INTERNATIONAL CODE COUNCIL JEFF HAUSER MOBILE WELDING KIRSTEN KING KOBATA & ASSOCIATES, INC. LAKE CHEVROLET LAKE ELSINORE FLORIST & GIFTS LAKE ELSINORE FORD LAKE ELSINORE STORM LAMBERT FLOORING LOGICAL DESIGN, INC. CHARLES MACKEY JR. BREANNA MENDEZ LINDA M. MILLER. DUANE A. MORITA NELSON PAVING, INC. NETCOMP TECHNOLOGIES, INC. NEW HOLLAND CREDIT, L.L.C. NEXTEL COMMUNICATIONS NORTHERN SAFETY CO., INC. P.F. PETTIBONE"& COMPANY HAZEL PATE DENNIS A. PETERSEN D.O., INC. PHD PENSKE LEASING PITNEY BOWES, INC. THE PLANNING CENTER ALPINE PREMIUM WATER-NATHAN GARNER THE PRESS ENTERPRISE PUL TE HOMES QUILL CORPORATION THE RADAR SHOP REDEVELOPMENT AGENCY FOR THE CITY OF LAKE ELSINORE RIGHTWAY COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER COUNTY OF RIVERSIDE, BOB DOYLE, LAKE ELSINORE SHERIFF STATION ANTHONY ROMERO JESUS ROQUE SADDLEBACK MATERIALS COMPANY, INC. SAFETY-KLEEN SERVICES, INC. WARRANT LIST AMOUNT . 167.45 16.00 14,914.46 10,723.35 354.65 169.50 29,797.36 216.00 6,430.55 75.00 " 100.00 195.91 139.52" 960.00 253.50 5,130.00 289.94 247.61 52.80 4,400.00 4,162.00 4,273.94 3,830.60 . 36.00 . 3,150.00 " 3,578.03 24,375.77 4,500.00 3,251.42 1,652.86 135.14 119.90 350.00 635.00 898.58 4,976.96 300.42 209.95 3,962.40 878.53 662.83 147.00 728,470.08 400.65 1,325.00 2,757.44 200.00 240.00 575.52 157.96 2/1/2005 WARRANT 013105 AGENDA ITEM NO. PAGE 3 OF J- L\ JANUARY31, 2005 CITY OF LAKE ELSINORE , W AR~ANT liST CHECK# VENDOR NAME 80680 SC ENGINEERING 80681 SCOTT FAZEKAS & ASSOCIATES, INC. 80682 SERVICE ONE SERVICE, INC. 80683 SHERATON GRAND 80684 SIGNS PLUS 80685 TRACI SIGWALT 80686 PHILLIP SLESSOR, QUALITY CONSTRUCTS SOFTWARE DEVELOPMENT 80687 DAVID S. SOLOMON 80688-80694 SOUTHERN CALIFORNIA EDISON CO. 80695 STAPLES CREDIT PLAN 80696 BOB STOVER, INC. 80697 TEAM AUTOAID, INC. 80698 TEAMAN, RAMIREZ & SMITH, INC. 80699 " TEMECULA COPIERS 80700 TEXTRON FINANCIAL CORPORATION 80701 , TRAFFIC CONTROL SERVICE, INC. 80702 TUSCANY HILLS LANDSCAPE & REC. CO. 80703 UNITED WAY - INLAND VALLEY 80704 US BANK 80705 VALLEY CENTER AUTO PARTS NAPA 80706 VENUS PRINTING 80707-80710 VERIZON CALIFORNIA, INC. 80711 WEST COAST ARBORISTS, INC. 80712 WEST GROUP AMOUNT;U 4,204.77 45,187.77 3,220.00 474.90 890.00 150.00 1,465.00 3,705.00 15,771.16 301.48 4,618.24 74.14 47,838.75 '_ 382.03 987.13 236.51 104,487.93 1 ,1>40.00 25,202.50 1,154.14 66.29 3,704.35 , 4,673.60 956.85 'C..J 1,715,550.86 TOTAL PIE DATE: 01/21/05 PAYROLL TAXES 01/21/05 PAYROLL CASH 92,204.36 163,113.09 GRAND TOTAL , 1,970,868.31 '\-. _i' ! :'1.' ,,' u .: 2/1/2005 WARRANT 013105 AQENDA ITEM NO. d.- PAGE Y OF L\ (\ (1 (1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR & CITY COUNCIL FROM: ROBERT BRADY, CITY MANAGER DATE: February 8, 2005 SUBJECT: Claims Against the City BACKGROUND . . . Claims filed against the City of 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 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. The following claims have been recommended for rejection by Carl Warren & Company: - CL#2004-14 - Daniel Creekmore CL#2005-3 - Sharon Donovan FISCAL IMPACT None. RECOMMENDATION, Reject the Claims listed above and direct the City Clerk to send letters informing the Claimants of this de sion. PREPARED BY: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR APPROVED FOR AGENDA LISTING: R MANAGER AQENOA ITEM NO. 3 PAGEloF2L CH u January 26, 2005 TO: The City of Lake Elsinore ATIENTION: Vicki Kasad, CMC, City Clerk RE: Claim Claimant DlEvent Rec'd Y/Office Our File Creekmore vs. The City of Lake Elsinore Daniel Creekmore 11/29/2004 12/7/2004 S-283887-RWQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send Ii 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 U 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.Box25180-SantaAna..Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 . (800) 572-6900 . Fa.x: (714) 740-9412 u AQENOA ITEM NO. 3 PAGE ?- OF..2.L -- RECEIVED n CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) Received by: L~. X / /)5Avi:;1 f!..;.b,~ff. City Representativ~ f DEe 7 2004 CllY CLERKS OFFICE 11/& &or>-'. (TimelDate Received) A claim must be filed with the City Clerk of the City of Lake Elsinore, within ~ix (6) months after the incident ore event occurred. Be sure your claim is against the City of Lak" Elsinore, not another public entity. Where space is insufficient, please use additional paper and identifY infonnation by paragraph nwnber Completed claims must be mailed or delivered to the City Clerk. City of Lake Elsinore, 130 South Main Streel, Lake Elsinore, California, 92530. TO THE HO~ORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA: The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal property: L :>:AME OF CLAIMANT \) c<(\;<:>J a. Address of Claimant 01.01 eeeL!' .LYY\of'e 1-\ p 0. \ rJ A \/2- . .- n L b. Phone No. ~ Social SeCUrjtYNO.~ c. Date of Birth -= ~versLic.No. . . . ~. d. e. 1 Name. post office add~ess and telephone to which claimant desires notices to be senl, if other than the.above: 3. Occurrence or event from which this claim arises: Date '/1/:;]<1 frYf Place (Exact and specific location) :;:r")"l. E b. Time Af'rrox '" {r"" ~ 1:30an1 ",f Hr,,,,,-,,, a. c. , HE-GI{"U\J~ n How and under what circumstances did damage or injury occur?' SpecifY the particular occurrence, ev~~1, act or omission you claim caused the injury or damage (use additional paper ifnecessary). tar ,^}r.:;' po..ck.t>.-l..;'l (ro",f ",fhe~e lY\(",d +1" (,db 1\..Jkn c. +o/f' ~ i OY\ <-6.; (c.A:"1 5e"e;-e clu~e( .1~" no.-h 4-;erG 61", 'yhbc'lr 0...0.. ; vY\,,,,,,J..<<t.e 11 ((.,llled +-he. p.~l ICe Who II') +W-n u. IbJ c..'+-t uJr"lrker e. What particular action by the City of its employees, Caused the alleged damage or injury? d. AliENO... ITEM NO. ~ ~ 'PAGE .' -S OF.2l.. --. u , j 4. Were there any injuries at the time of this accident? !fnol, state "No injuries". no, i"'~ILC\e.-~ 5. Give the name(s) of the City employee(s) causing the damage or injury: 6. Name and address of any person injured: \'\e~ 7. Name and address of the owner of any damaged property: Dl-";~\ (~V\'"\(){"e ;:)OI-f l-\e.c,lJ1JV€ kk.f (I",i~Ol12-1(iI- QJ530 8. .Damages claimed: a. b. c. d. Amoumclainied as of this date $ '-I \ ::){j() . Estimated amount of future costs' $ Total amount claimed $ "/ ;:),nO Basis for computation of amounts claimed (Include copies o/all bills, invoices, estimates, etc): ..,..' ".' ~~~t"""..':~L*'~~~'"';;;-~::':~-f->:'M~~:':'* " '.. " ,,_ '''M.t 0 -\-~ oS orf\ ....,~, ~;., ""~,,,~'",""" '-\~'si~.~(j . (...<.\-( . P:::t~~~~j.qi_~ < . ~. eR~~~~::<,:,,~o::?J;~~ 9. Names and addresses of all wimesses, hospital!i;doclii'rs:'etc'!,,= . ~ .<<... . . ~ a'-..'JOf\ f",,::n;o ~ 6+",'h:::ri ~~~tr("..e: wo...c., C::ly profert''{ ,/l'l::,obk. P':LS b",t-,'\,e-iJe,\-t 6:Ml u.<.,eJ JDAAe.r+o l'e-mcA/.-" +re..e lPo/;c(" lil,sD U.}~~ c.OfGic-~rJ -l-;ik - Rrk.s+Dp.er..SIJc....u. """^,,o,er /.free {)>lUl('~.rn'i7t'.. . I I. Any additional information that might be helpful in considering this claim: u 10. 011(('.., . ;,,(..\ r\-* LO't (, \()C,{" r ". .'. P pef'j WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM! . (Penal code 72/1nsurance Code 556.1) ons,-b leTDr\lA ",' I have read the manersand statements made in the above claim and I know the same t(l be true of my own knowledge, except as to those manersstate upon information or belief as to such mallers,l believe lbe same to be true. I certify under penalty of perjur)' that the foregoing is TRUE AND CORRECT. SIGNED THIS I tIo. . DAY OF j)e<..en'\b:;r,2~,ATl...Je EI~/'y\(),e ,CALIFORNIA. . CLAllIIANT'~~'. ) SIGNATURE: B - t _ ~ u AQENDA ITEM NO. '3 " PAGE~OF.1:..L 11/30/2004 at 03:12 PM N2 Job'Nurnber: LAKE CHEVROLET License #:AM197361 Federal ID #:770465509 31400 AUTO CENTER DRIVE P.O. BOX 4000 LAKE ELSINORE, CA 92531-4000 (951) 253-2101 Fax: (951) 245-4849 PRELIMINARY ESTIMATE' Written By: Laurie Schrimpf Adjuste'r: . Insured: DANIEL CREEKMORE Owner:. DANIEL CREEKMORE Address: 207 E. HEALD AVENUE LAKE ELSINORE, CA 92530 Other: (951) 674-8089 Other: (951) 541-1551 Claim: # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Inspect LAKE CHEVROLET Location: 31400 AUTO CENTER DRIVE P.O. BOX 4000 LAKE ELSINORE, CA 92531-4000 Business; (951) 253-2101 (\J.rance Company: 17 Days to Repair 1996 PONT BONNEVILLE SE 6-3.8L-FI 4D SED SILVER Int: VIN: IG2HX52K8TH211029 Lic: 4RDW144 CA Prod Date: Air Conditioning Rear Defogger Cr~ise Control Intermittent Wipers Tinted Glass Body Side Moldings Fog Lamps Clear Coat Paint Power Brakes Power Windows Anti-Lock Brakes (4) Driver Air Bag Cloth Seats Split Bench Seats Deluxe Wheel Covers Odometer; Tilt Wheel Theft Deterrent/Alarm Dual Mirrors Power Steering Power Locks Passenger'Air Bag Re~iine/Lounge Seats ------------------------------------------------------------------------------- . .. . NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 ROOF 2* R&I RT Drip molding SE, SLE w/reveal molding 3* R&I ' LT Drip molding SE, SLE w/reveal molding 4* R&I Bow 5* Rpr Roof panel.wio sunroof 6 Add for Clear Coat n~* REAR DOOR R&I RT Reveal molding rear corner , garnish 9 R&I ' RT Window frame w/glass GM 1 1.0 1.0 0.5 19.0 4.0 1.6 0.3 0.5 AGENDA ITEM?O. 3 PAGE OF;).. I ~ 11/30/2004 at 03:12 PM 67442 Job Number: ", PRELIMINARY ESTIMATE 1996 PONT BONNEVILLE SE 6~3.8L-FI 4D SED SILVER Int: o NO. ------------------------------------------------------------------------------- PAINT OP. DESCRIPTION QTY EXT. PRICE LABOR 10* ------------------------------------------------------------------------------- 11 12 13 14 15 16 17* 18 19 20* 21 22 23** 24 25 26 27 28 29 30* 31 32 33 34* 35 36 37 38 39 40 41 42 43 44 45* 46# 47# 4811 49# 5011 51# 52 5311 R&I R&I Rep1 Rpr R&I Repl Repl R&I R&I R&I R&I o Rep1 R&I Rep1 BInd BInd Refn Rep1 Rpr Rpr Rpr Rep1 Rep1 LT Reveal molding rear,corner garnish LT Window frame w/g1ass ~M TRUNK LID Lid Overlap Major Adj. Panel Add for Clear Coat Add for Underside (Complete) Spoiler Overlap Major Adj. Panel Add for Clear Coat. Lock cylinder REAR BUMPER O/H bumper assy RECOND Bumper cover Add for Clear Coat Cover molding REAR LAMPS RT Tail lamp assy LT Tail lamp assy High mount lamp Lens & housing REAR BODY & FLOOR, Pkg tray trim 6 speaker stereo ELECTRICAL Antenna, fixed FRONT DOOR RT Mirror w/o defog Overlap Minor Panel Add for Clear Coat QUARTER PANEL RT Quarter panel LT Quarter panel. Fuel door Add for Clear Coat MISCELLANEOUS OPERATIONS Cover car/bag Color Tint Color Sand and Buff Glass Clean Up Flex Additive Back Glass Visual Damage Estimate Only OTHER CHARGES E.P.C. Subtotals ==> 2 1 639.02 1 269.00' 1 29.10 1 114.00 1 113.60 ;' 1 10.00 1 1 1 8.00 ,454.80 1 , 3.68 1641.20 0.3 0.5 1.0 1.0 Incl. 2.0 Incl. Incl; 0.3 0.3 0.5 0.3 0.7 0.4 1.0 0.0 0.5 2.0 1.0 34;1 2.5 -0.4 0.4 1.3 1.0 -0.4 0.1 3.0 1. 2, U 0.5 -0.2. 0.1 1.2 1.2 0.3 0.1 "U 17 .5 AGENDA ITEM NO. .3 " PAGE~OF 2\ 11/30/2004 ~42 at 03: 12 PM Job Number: 'PRELIMINARY ESTIMATE 1996 PONT BONNEVILLE SE 6-3.8L-FI 40 SEOSILVER Int: Parts 'Body Labor , Paint Labor paint' 'Other Cha'l7g,es 34.1 ~rs @ $ 38.00/hr 17.5 hrs @ $ 38.00/hr' '17.5 hrs @ $ 25.00/hr 1637.52 1295.80 665.00 437.50 3.,68 SUBTOTAL' Sales Tax $ 4039.50 $ 2075.02 @ 7.7500% 160.81 GRAND TOTAL $ 4200.31 Parts pricing is based upon the latest information available from the manufacturer(s). Actual part pricing is subject to change based upon pricing at the actual time of sale. Please ask the appraiser for clarification should any questions arise regarding part pricing. NOTE: Initial appraisals are based upon visual inspection of external damage. In many instances significant additional damage may be evident after dis-assembly of the damaged area. rE: LAKE CHEVROLET Exercises great care to avoid glass breakage related to . Airs which require the removal of the glass for access. However, it is the nature of glass work that glass cannot always be removed without breakage. LAKE CHEVROLET cannot be responsible for the cost of glass replacement in these instances. Due to many unforseen circumstances in the repairing of automobiles we regret that we can only estimate, not promise, a completion time. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D~DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=pAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUALREPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR~REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT WI =WITH/ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE ~RMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO , , L ~. MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. 3 AGENDA ITEM NO. ~ PAGE::LOF ?-\ 11/30/2004 at 03:12 PM 67442 Job Number: PRELIMINARY ESTIMATE 1996 PONT BONNEVILLE SE 6-3.8L":F'I 4D SED SILVER Int: (j Estimate based on MOTOR CRASH ESTIMATING GUrOE. Unless otherwise noted all items are derived from the Guide DRIFA92 Database Date 11/2004, CCC Data Date ??/????, and the parts selected are OEM~parts manufactured by the vehicles Original Equipment Manufacturer. Asterisk (*) or Double Asterisk _(**) indicates that the'parts and/or labor information provided by MOTOR,may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not-Included Labor operations. Non-O~iginal Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Camp Repl Parts which stands for Competitive Replacement Parts. Used parts are described a~ LKQ, Qual RecY,Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are describ~d as Recore. NAGS Part Numbers and Prices are provided by National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. ccc Pathways - A product of CCC Information Services Inc. , , (j '. '-\. () 4 3 AQENDA ITEM NO. 2\ PAGELOF~ 11/30/2004 F\42 at 03:12 PM" Job Number:" PRELIMINARY ESTIMATE 1996 PONT BONNEVILLE" SE 6-3.8L-FI 4D SED ,SILVER Int: ALTERNATE PARTS SUPPLIERS 23 RECOND Bumper cover Part'No. GM1100518R Price $269.00 Keystone Auto 1754 CEDAR ST. ONTARIO, CA 91761 (800)421-7866 (909}986-4586 Keystone Auto 8333 ARJONS DR. SUITE A SAN DIEGO, CA 92126 (800)992-7550 (858)547-4401 n '.;' n 5 AQENDA ITEM NO. 3 PAGE-9- OF ?.\ 11/30/2004 at 02:1~ PM 74173 INTERNATIONAL AUTO CRAFTERS II Federal ID #:330935896 OUR QUALITY SHOWS 29385 BUNCO WY LAKE ELSINORE, .CA 92530 (909)471-1733 Fax: (909)471-1723 PRELIMINARY ESTIMATE Written By: David Grey Adjuster: Insured: Daniel Creekmore Owner: Daniel Creekmore Address: 207 E HEALD AVE. LAKE ELSINORE, CA 92530 Evening: (951)674-8089 Cellular: (951) 541-1551 Inspect Location: Insurance Company: Job Number: '0 Claim # Policy # Deductible: Date of Loss: Type of Loss: Comprehensive Point of Impact: 19. AllOver Days to Repair u 1996 PONT BONNEVILLE SE 6-3.8L-FI 4D SED MET. SLVR Int: VIN: 1G2HX52K8TH211029 Lie: 4RDW144 CA Prod Date: 01/1996 Odometer: 82299 Air Conditioning Rear-Defogger Tilt Wheel Cruise Control Intermittent Wipers Theft Deterrent/Alarm Tinted Glass Body Side Moldings Dual Mirrors Fog Lamps Clear Coat Paint Power Steering Power Brakes Power Windows Power Locks Anti-Lock Brakes (4) Driver Air Bag Passenger Air Bag Cloth Seats Split Bench Seats Recline/Lounge Seats Deluxe Wheel Covers NO. ------------------------------------------------------------------------------- PAINT OP. DESCRIPTION QTY EXT. PRICE LABOR --------------------------------------------------------------------.----------- 1 2 3** 4 5 6 7 8 9 10* 11 12* 13* 14 15 Rep1 REAR BUMPER O/H bumper assy RECOND Bumper cover Add for Clear Coat Cover molding REAR LAMPS RT Tail lamp assy LT Tail lamp assy TRUNK LID USED trunk lid assy Add for Clear Coat Spoiler Spoiler Overlap Major Adj. Panel Add for Clear Coat Repl R&I R&I Repl R&I Rpr 1 o 1 o 1 0.00 269.00 0.00 29.10 o o 0.00 0.00 1 o o o o o 540.00 0.00 0.00 0.00 0.00 0.00 2.0 0.0 Incl. 3.0 0.0 1.2 Incl. 0 . 0 0.3 0.0 0.3 0.0 1.3 2.3 0.0 0.9 0.6 0.0 2.0 1.0 AGg~BA ITE;~b. 3 PAGEl12.0F L\ u 11/30/2004 '(\73 at 02:13 'PM' Job' Number': PRELIMINARY' ESTIloiATE . 1996 PONT BONNEVILLE SE 6-3.8L-FI 4D SED MET. SLVR Int: NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 16 QUARTER PANEL 17 BInd RT Quarter panel 0 0.00 0.0 1.2 18 BInd LT Quarter panel 0 0.00 0.0 1.2 19 BInd Fuel door 0 0.00 0.0 0.2 20 BACK GLASS 21 Repl Reveal molding 1 39.10 Incl. 0.0 22** Repl A/M Glass GM w/defogger 1 275.00 0.0 0.0 23**.' Repl AIM Back' glass tint .1 65.00 0.0 0.0 " 24 ROOF " 4.0 II 25* Rpr Roof" panel w/o sunroof 0 ... 0.00 20.0 26 Overlap Major Adj. Panel 0 0.00 0.0 -0.4 II 27 Add for Clear Coat 0 0.00 0.0 0.7 I 28* R&I RT Drip molding SE, SLE 0 0.00 1.0 O~O w/reveal molding 29* R&I LT Drip moldingSE. SLE .J '. 0 0.00 1.0 0.0 w/reveal molding 30* R&I Bow 0 0.00 0.5 0.0 31 ELECTRICAL r~2* R&I "Antenna, fixed 0 0.00 0.4 0.0 53 REAR 'BODY & FLOOR 34 Repl Pkg tra.y trim 6 speaker stereo 1 11'4.00 '0.7 0.0 35 FRONT DOOR 36 Repl RT 'Mirror' :manuai control 1 .100.20 0,5 0..5 37 Overlap Minor Panel I' 0 0.00 0.0 -0.2 38 ' Add for Clear Coat 0 . '0:.00 0.0 0.1 39 R&I RT Door trim panel 0 0,00 0.6 0; O. 40# Tint 'to .' Blendable Match' 1 0.00 0.5 0.0 a 41# Color Sand & Polish 1 0.'00 3.0 0.0 42# Subl Environmental Conservation Fee 1 5.00 X 0.0 0.0 43#' Cover Car 1 10.00 X 0.3 0'.0 44# 'Restore CorrosionProctection 1 10:00 T . 0.3 0.0 45# Rpr Mask Door Jam 0 0:00 .0: 5 0.0 46#' Subl Clean Galss/Debris l' 35.00 X 0.0 0.0 47# Subl FlexAgent Additive 1 8.00 T 0.0 0.0 ------------------------------------.------------------------.---.---------------- . Subtotals ==> . 1499.40 35.8 15.4 Parts 1431.40 Body Labor 35.8 hrs @ $ 38.00/hr 1360'.40 Paint Labor 15.4 hrs @ $ 38.00/hr 585.20 Paint Supplies 15.4 hrs @ $ 28.00/hr 431.20 Sublet/Mise, . 68.00 n SUBTOTAL Sales Tax $ 3876.20 $ 1880.60 @ 7.7500% 145.75 2 AGENDA ITEM NO. PAGElJ-OF .3 2.\ 11/30/2004 at 02:1~ PM 74173 Job Number: PRELIMINARY E~TIMATE 1996 PONT BONNEVILLE SE 6-3. BL-FI 4D SED MET., SLVR Int: o GRAND TOTAL $ 4021.95 ADJUSTMENTS: Deductible 0.00 CUSTOMER PAY INSURANCE PAY '),' $ 0.00 $ 4021.95 Body repairs and paint guarenteed, for as long as you own your vehicle. In order to recieve warranty repairs you must bring your final repair receipt with you. Terms are cash u~less otherwisw arranged prior to performing any repairs. '< FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING ,TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULE~T CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO fINE9 AND CONFINEMENT IN STATE PRISON. . THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO iU DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D~DISCONTlNUED PART A=APPROXlMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAMEG=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T~TAXED MISCELLANEOUS X=NON TAXED ,MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTlMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL.OP=OPERATION' NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY R?CYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE,REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTIONSUBL7SUBLET LT=LEFT W/O=WITHOUT W/ _ =WITH/ _ SYMBOLS,: #=MANUALLINE ,ENTRY *=OTHER [IE. . MOTORS DATABASE ' INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACrURER'S, QUALIFICATION AND VALIDATION PROGRAM. THIS ESTIMATE HAS ,BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE. Parts on'you vehicel,have been -selected from am aftermarket vendor and may not ne original replacement parts from the manufacturer. u 3 AQENDA ITEM NO. 3 PAGE J ?-oF -'l \ 11/30/2004 ~3 at.02:13 PM JOD'Number: PRELIMINARY ESTIMATE 1996 PONT' BONNEVILLE SE 6-3.'BL-FI 4D SED MET. SLVR Int: Estimate based on MOTOR CRASH ESTIMATING GUIDE. 'Un1ess otherwise noted all items are derived from the Guide DRIFA92 Database Date 11/2004, CCC Data Date 11/2004, and the parts selected are JEM-parts manufactured by the vehicles Original Equipment-Manufacturer. OEM parts are available ~t OE/Vehic1e dealerships. Asterisk (*) or Double Asterisk (**1 indicates that the parts and/or labor information provided by MOTOR may. have been modified or may have come from an al~ernate data source. Tilde sign (-) items indicate MOTOR Not-Included Labor' operations'. Non-Original 8quipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or ~ompRepl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned-parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided by_ National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. Some parts that are described as Recan., may be DE Surplus parts or other OE parts offered ata special pricing discount~ For further clarification pleaserevi~w the Suppliers List attached to this estimate, or consult the appraiser or estimator. CCC Pathways - A product of CCC Information Services Inc. (\ , - (\ 4 AQENDA ITEM NO. 3 PAGEJl OF2..L , 11/30/2004 at 02:13 PM 74173 Job Number: PRELIMINARY ESTIMATE ',:.' 1996 PONT BONNEVILLE SE 6-3.8L~FI 4D SED MET. SLVR Int: " o ALTERNATE PARTS SUPPLIERS 3 RECOND Bumper cover Part No. GM1100518R Keystone Auto 751 E. KINGS HILL PLACE CARSON, CA 90746 (800)243-4340 (310)329-3624 Keystone Auto 1927 SOUTH VAN NESS FRESNO, CA '93721 (800)339-5033 (559)268~8146 ' Keystone Auto 3615 NE. 109TH AVE VANCOUVER, WA 98682 (800)264-7560 (360) 260-8400 Keystone Auto 1754 CEDAR ST. ONTARIO, CA 91761 (800)421-7866 (909)986-4586 j Keystone Auto 8333 ARJONS DR. SUITE A SAN DIEGO, CA 92126 (800) 992-7550 (858)547~4401 Keystone Auto 1069 HENSLEY STREET' RICHMOND, CA 94801 (800)26~-9727 (-510) 234-6960 Keystone Auto 1538 KENTUCKY STREET BELLINGHAM, WA 98226 (360)733-7585 Keystone Auto 18506 B 80TH PL. SOUTH KENT, WA 98032 (425) 775-5777 Keystone Auto 3200 E. TRENT BLDG 3 STE B SPOKANE, WA 99202 (509)534_7844 Keystone Auto 632 SOUTH ELDORADO ST. STOCKTON, CA 95203 (800)263-9727 (209) 948-1101 Keystone Auto 1045 E. TRIANGLE COURT W. SACRAMENTO, CA 95605 (800)263-9727 (916) 372-0287 5 Price $269.00 u u AGENDA ITEM NO. 3 , PAGEKoF'l\ . o n .. ~ . ", O&-~ ~~. " ..,.- ~',: ~. -~- J .. ""::'~.," ^oi AGENDA 1TE-KM NJ- OF PAGE 3 ::L\ ,". ..' t. .~.. F'D . . '. .~ OlIo < . . '. . . . . o J o o o o o .. (}..' \ 8 8 6 ..\\\\ ." o Cb = . . . " . . t\ ~# oP . . 1l,,'ll::lg 0 QIDO~D . '" o " "<p:. .... 0 -jij~iJ o ... , , o . . - o = o . . . . .~ , ....-. _ . '.. - ~ D Qg . 8 ,. ", 0::0"10- ,I- ~ . . \ i' . 0 'P"~"" .f 'U , ~~~,'4i :/Il. I!I . . ... . ~(lill" , . . .... . gO.., rr: r'~ o . . J ..... . .. o. '. ....;,-... .",. d' .- .. . - & Jl~ .,.., o ... : / '0'.< '. 8 o~'" o .. .' ."~':~.. . .,q,':,<t".. :: ....~~ ~CI DO. ~~O .~QIO > .. . ." .I) ., ':';"~~~:. "'~ Q D._ . .'!t" . , . 00 . . ".. U 3 . MNO. '2 \ If OF~ PAGE -L...la- . n n n .- , . '. " . " >...(I.":.::....,~.. o' ., , .. . . . 6' 00 o~ ca' . . . o . i o ^$ll:o - 'n . ... . - . .. . '&9 - I . ... o . . t . c:,. '_':.. .0. ...~. o,'i....... ~ ~.,.:" , , '.,1' ,. . ~'..... . , G o ~, v '. G . AGENDA ITEM NO. 3 PAGE-tl OF.2..L . . .. o ,. .., " o . . . Q~ " ...~...;,-~~.. CD ,.. .0 " \".0. ,,~ . , o. '. . e.F~o. ~. D ,ib..D otA ...,-" f""O.... .. ,!>>OO... ._ ".. . o . . . . .. ~ , . '.. . :;0 - 6 . . C~ \ .8 I Jt . . . '\ o o . . . ., . ,# . . -, ..' . , . . ,- --. . . u . . u U AGENDA ITE~~. 3 PAGE...J...l... OF 2. \ n - /bH: January 27,2005 TO: The City of Lake Elsinore ATTENTION: Vicki Kasad, CMC, City Clerk RE: Claim Claimant D/Event Rec'd Y /Office Our File Donovan vs. The City of Lake Elsinore Sharon Donovan 7/ll/2004 1/11/2005 S-287762-RWQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. n Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. L _ Very truly yours, CARL WARREN & COMPANY cc: CJPIA w/enc. Attn.: Executive Director ',," ,'<- n CARLW ARREN & CO. CLAIMS MANAGEMENT.CLAIMSADJUSTERS 750 The City Drive . Ste 400 . Orange. CA 92868 Mail: P.O.Box25180.SanbAna..Ca 92799-5180 Phoneo (714) 740-7999 Ex'. 140 . (800) 572-6900 - P.x, (714) 740-9412 AQENDA .TEM NO. PAGE-11- OF ..3 J. \ ... LINDA L. HARPER ATTORNEY AT LAW WELLS FARGO BANK BUILDING 32222 CAMINO CAPISTRANO, SUITE A SAN JUAN CAPISTRANO, CALIFORNIA 92675-4506 Telephone: (949) 496-8101 Facsimile: (949) 496-0278 Direct Telephone: (949) 496-4822 Direct Facsimile: (949) 496-4824 .C L -:iJ:-- ;;( 0 0 ,S- -- 3 u .. f " January 10,2004 CLAIM ~ ~CG~~W~~ , CITY CLERKS OfFICE CITY OF LAKE ELSINORE 130 S. Main St. Lake Elsinore; CA 92530' TEL: (951) 674-3124 FAX: (951) 674-2392 Attention: Ms. Vicki Kasad RE: Fire on 7/11/04 at 32891 Wildomar Rd., Lake Elsinore- residence of Sharon Donovan My File Number: L~:04~120 Dear Ms. Kasad: u Please be advised that I represent Sharon Donovon with respect to a fire which occurred at her residence located at 32891 WildomarRd., Lake Elsinore, on July 11,2004. Please allow this letter to reflect that Ms. Donovan hereby files a claim against the City of Lake Elsinore with respect to the damages sustained in the loss of her home. Ms. Donovan is informed and believes that the loss of her home and its contents, as well as any and all improvements, were due, in wholl; or in part, to the failure of the fire department to properly and promptly respond to the fire, as well as the potential liability of the water department for failureto properly maintain and/or supply sufficient water to extinguish the blaze. . ' If you have any questions, require any additional information, or wish to discuss this matter further, please do not hesitate to contact me. Please provide your response to this claim to my attention. " Thank you for your anticipated prompt attention, courtesy and cooperation with respect to this matter. LLHllh cc: Sharon Donovan -~ d-{t~ a/~",p,' .~/jza~/ ;~ , ' ytv21 Yfu /,9<-" / ' 4 . ,&, ' ~ " ' ,/~~ - ~ U 'qN ~4 -1i.t:~, /~~I P , V,L) t&iAc~ ' //;o~~ AGENDA ITE NO. :3 PAGE RD OF '2- \ (', (', (', . - CL-#'200S -3 ~ ~~:~n.~,~ ~ CITY CLERKS OFFICE m'391::kl p(:91 S0. 11 N~r DATE: January 10,2005 CITY OF LAKE ELSINORE 130 S. Main St. Lake Elsinore, CA 92530 TEL: (951) 674-3124 FAX: (951) 674-2392 Attention: Ms. Vicki Kasad FROM: Linda 1. Harper, Esq. RE: Insured/Claimant: Sharon L.Donovan Policy #:. 0000000-14434368 Claim Number: 8232908775 Date ofloss: 7/11/04 Location: 32891 Wildomar Rd., Lake Elsinore, CA 92530 Our File Number: LH:04-120 NUMBER OF PAGES: - 2 - [. ] FOR YOUR SIGNATURE. [ ] FOR YOUR INFORMATION ONLY; NO REPLY REQUIRED. [ ] PLEASE CONTACT THIS OFFICE AT YOUR EARLIEST OPPORTUNITY. [ x ] A COPY OF THIS DOCUMENT WILL BE MAILED TO YOU Please provide me with response to the attached claim regarding fire occurring on 1/11/05. Thank you for your anticipated prompt attention to this matter. Attorney Linda L. Harper AGENDA ITEM NO. 3 PAGEl:L OF 2..1 u u u n n n CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 8,2005 !"\ " i " SUBJECT: CULTURAL CENTER BASEMENT REPAIRS ~. .,' BACKGROUND On October 12,2004 the City Council authorized $25,000 in repair workfor the basement at the Cultural Center which will house the Historical Society once completed. , I The amount allocated by City Council is to cover the $20,900 cost for the plaster, paint, stucco, and repair of the basement walls. The remaining balance of$4,100 is a contingency amount to cover items necessary to meet occupancy requirements. DISCUSSION Following City Council's authorization of the project, the project'was assigned to the Community Services Division: Immediately thereafter the Community Services Director and the Bublic Works Manager set up meetings with the City's Chief Building official and with County Environmental Health Department officials to evaluate the building and establish a punch list of requirements for occupancy. Two separate punch lists were generated and staff solicited estimates for the work. From the estimates staff has developed a budget for the project. , In order to meet City and County occupancy codes all items listed on the punch lists provided by the City and CountY. must be me!. Staff is seeking funding to complete the, punch list items so that the, Historical Society can occupy the building. AGENDA ITEM NO. ' Lf PAOl!--LOF 33 . FISCAL IMPACT The total cost of the project totals $74,900. Because City Council has already allocated $25,000 to the project the remaining funds required for the project is $49,900. . The itemized line item budget for the project is as follows: $20,900 Plaster, Paint, Stucco, Wall Repair (Authoiizedby Coimcil October 12) $ 4,100 Contingency (Authorized by Council October 12) $12,000 Flooring $13,000 General Construction $14,000 Heating and Air Conditioning $ 3,500 Electrical $ 5,000 Plumbing $ 2.400 Masonry $74,900 TotaJBudget. . ,. i. , 3; Attached to this report is a detail list of all items to be completed for each line item listed above. . . ....- t- RECOMMENDATION Staff is requesting that City Council allocate $49,900 for the completion of the Cultural Center basement project. Also, staff is requesting that City Council authorize staff to use existing local contractors who have standing maintenance service agreements with the City for completion of the work. Trades that are not covered under our maintenance service agreements will be bid under the guidelines ofthe City purchasing policy. PREPARED BY: Manager APPROVED BY: APPROVED FOR AGENDA LISTING: AGENDA ITEM NO. PACE a u u .' . u y OF 33 (', PUNCH LIST FROM CITY OF LAKE ELSINORE BUILDING DEPARTMENT ", ,. 'I, " CULTURAL CENTER PROJECT (\ n "!; AGENDA ITEM NO. PAC! .,1 ~ OF .~3 CITY OF LAKE ELSINORE INTEROFFICE MEMORANDUM u TO: Bill Payne, Public Works Manager FROM: Robin Chipman, Building & Safety Manager DATE: October 28, 2004 RE: Cultural Center / Occupancy Requirements Bill, following is a list of items noted on our walk thru on Tuesday, October 26th. These items need to be addressed prior to the Historical Society occupying the basement area of the Cultural Center. · Install weather stripping and threshold at new rear door. . Install light fixture outside rear door. u · Install approved closers at main and rear doors. Doors to be adjusted for maximum 15 pound force. · Provide a 2" wide color contrasting stripe at the nose of each tread at the rear exterior stairs. · Install exit signs at both the main and rear doors (exit signs to be on separate circuit). · Install levered type hardware throughout on all doors, except main entrance and rear exit. · Remove all unused or abandoned electrical conduits, gas lines, and AlC lines. · Obtain Electrical Permit and verify installation of electrical wiring for light fixtures and Emergency Exit lights. (call for inspection after obtaining permit) . Repair or remove existing electrical conduits and wiring as necessary to comply with National Electrical Code. . Enclose walls at electrical sub-panels arid label all circuit breakers. . Build chase at main electrical conduits at ADA ramp to protect from damage. u ACENDA ITEM NO. 4 PACE~OF 33 n · Install new door at stairway near main entrance to prohibit access to City Council. · Install handrails at new ADA ramp on both sides to comply with California Building Code. - . Install ventilation duct for fan at second (private) restroom. . Install boot on trap at sink in accessible restroom. . · Grab bars at unisex accessible restroom to be installed per code. Minimum 24" from front of water closet forWard and maximum 12" from rear wall. . . Provide approved ADA accessible signage for unisex accessible restroom. · Toilet paper dispenser to be 12" maximum from front edge of toilet and minimum 19" above finish floor. . Install paddle type controls at kitchen sinks. .' . Provide access to area behind door located in storage room next to kitchen. Need to determine if any code related items exit. 0't · Obtain County of Riverside Health Department approval iffood will be prepared, sold, or providedoncsite. · Counter tops at kitchen must provide area 36" long and located between 28" to.34" above finish floor. x · Obtain County of Riverside Fire Department permit and approval of hood system if kitchen will have cooking appliance. (if no stove - no Fire Dept. approval required) · Remove abandoned heat duct from back room to main floor area. · Install T-bar ceiling at back room to conceal plumbing and electrical. T-bar to comply with seismic requirements. . Install dead bolts at all doors leading from basement to stairway. · Repair window openings at east side of basement (below grade - 3 total). Windows to be structurally filled to prevent earth from caving in. . Remove plywood at east and west basement walls for inspection (below window openings). o . Repair all holes in walls and ceilings throughout the basement area as necessary. ACENDA ITEM NO. PACE \ I) Lf OF ."1.~ u . . Obtain Mechanical. Permit to install new ventilation system to comply with Building Code requirements for square footage of basement area. Provide floor plan showing 'location of mechanical unit and ducting to supply all areas of basement. . Stage area must be made accessible to the physically disabled. It is acceptable to provide removable ramp if less than 24" elevation change. Ramp must have a slope of not more than I in 12. . The doors that access the stage area cannot swing over the stairs. Must remove doors or swing doors in the other direction. ' . The door that accesses the room at the left side of stage area to be made accessible. (minimum 32" wide opening) CC. Bob Brady, Community Development Director Dave Sapp, Community Services Director , < ~ ACENDA ITEM NO. 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"'~- ---,,' ,~;- ";:> ' .''- . .... "",. n CITY OF LAKE ELSINORE CULTURAL CENTER PROJECT ,. .' LIST OF WORK TO BE COMPLETED (\ L , '.;; (\ ',";" . ACEN9AIII;....."'.~ PAoe~OF .~?; Cultural Center Project Work To Be Completed Flooring: . Furnish and install sheet vinyl flooring with heat welded seams in kitchen, utility restroom, storage, room right of stage and room left of stage . Furnish and install carpeting direct glue down . Floor preparation General Construction: . Remove all flaking, loose, and water damaged interior plaster . Frame in existing electrical in SW comer . Install re-bar steel cage in 3 window openings in "office" area. Close off. windows using I 1/8" plywood leaving opening at top and pump concrete into openings to create a solid wall . Plaster all interior walls and ceilings in entry, kitchen, general area, stage. area, and office and make paint ready . Paint interior completely . Install weather stripping and threshold at rear door . Install light fixture outside rear door . Install ADA approved closers on main and rear doors . Install 2" stripping on each stair tread . Install exit signs at main door, rear door, and at top of ADA ramp . Remove all unused or abandoned electrical, gas, water, alc lines or conduits . Verify all electrical work done without permits . All electrical to comply with NEC . Enclose walls at electrical panel and label breakers . Build chase at main electrical conduits at ADA ramp . Install framing and door to prohibit access to stairwell . Install wood handrail on wall side of ADA ramp . Install boot on trap, install ADA accessible signage in restroom . Install new door and jam to closet storage area in electrical panel room . Install deadbolts on doors leading from basement to stairwell . Install new ADA approved ramp to stage area . Remove existing doors to stage area . Remove door to left of stage area. Opening to be 32" minimum . Install lever type hardware on all doors except entrance doors . Install new t-bar ceiling in office . Install new t-bar ceiling in kitchen . Install new t-bar ceiling in non-remodeled bath . Remove existing sink and faucets in kitchen area . Remove existing boiler type unit in closet storage area next to kitchen . Install new 2'x 2'x33' soffitt to house heat/air ducts. Build and construct 2 walls, with 36"x80" door, to form closet area in comer for new air handler . Refinish approximately 50 sq. feet of existing wood countertops . Remove approximately 16 lineal feet of kitchen cabinets . Patch all penetrations in main area ceilings "GENDA ITEM NO. pAOE--1'O u u u L( OF 33 n Cultural Center Project Work To Be Completed General Construction (Continued) . Patch concrete floor in kitchen . Patch drywall in ceiling in ADA restroom & kitchen area and make paint ready . Install FRP in kitchen as needed, approximately 192 sq. feet . Install soap dispensers at all hand sinks . Seal all holes and gaps around equipment, plumbing, through the walls & ceiling in kitchen n Heat & AlC: . Install heat and air in basement of Cultural Center. Install 2 new heat pumps and air handlers . Unit # 1 - Air handler to be located in closet area in electrical panel room, condenser location to be determined. Ducting to go from closet room to kitchen, ADA restroom, non-remodeled restroom, room left of stage, stage area, room right of stage, and approximately 1/3 of main floor area. Note: ductwork into main area to be run internally, no ducts will be visible in main floor area. This will be done by opening up ceiling and wall in kitchen area and running flex duct thru existing floor joists. Heat/air registers will be mounted in existing ceiling. . Unit #2 - Air handler to be located in newly constructed closet area located in rear comer. Ducting to go thru new soffitt into office area and to approximately 2/3 existing floor joists from soffitt area. Heat/air registers to be mounted in existing ceiling. Electrical: . Install 4 new 2x4 drop-in style light fixtures in t-bar ceiling in kitchen . Install new electrical to 2 new air handlers, 1 located in kitchen area, and 1 located in rear comer . Drop in existing 2x4 fixtures into t-bar in office . Install new electrical to 2 new condensers located on side of building on Heald Plumbing: . Install 3 compartment stainless steel sink . Saw cut concrete floor in kitchen and locate existing waste line . Install new floor sink . Install new rough and finish water and waste for 3 compartment sink . Supply hot water to hand sink in unfinished restroom . Install new mop and hand sink . Install paddle type faucet at sink Masonry: . Saw cut concrete for new footings . Construct new block wall to house new AlC condensers approximately 8'x8'x5' tall, scratch and apply finish coat to match building as close as possible n · Install wrought iron top approximately 8'x8' and iron gate 42" wide x 60" tall ACENElA ITEM NO. L.{ PAOE~OF ,~~ " . LIST OF CONTRACTORS WITH MAINTENANCE SERVICE AGREEMENTS :. r u u U 4CiENDA ITEM NO. ~ PAOf I~ OF .3?:> n CONTRACTORS WITH CURRENT MAINTENANCE SERVICE AGREEMENTS , , n Contractor Com an Service One Services All Phase Lake Air D&S Electric Valle electric MBC Morrow Plumbin Pestmasters Minnesan Pest S ecialties Clear Ima e Wiridow Cleanin West Coast Window Cleanin Jeff Hauser Mobile Weldin Interstate Swee in Quest Environmental Ramse Backflow , , " Com an Location Lake Elsinore Menifee Wildomar Murrieta Lake Elsinore Lake Elsinore Lake Elsinore , Temecula Hemet Can on Lake, Temecula Lake Elsinore Hemet Brea Riverside ACENDA ITEM NO. PAOt! IJ , . Lj OF ,~.~ v (;Mc.I1 INTEROFFICE MEMORANDUM u TO: FROM: DATE: SUBJECT: ROBERT A. BRADY, CITY MANAGER DAVID W. SAPP, DIRECTOR OF COMMUNITY SERVICES JANUARY 25, 2005 CULTURAL CENTER REPAIRS. - HISTORICAL SOCIETY " . . City staff met with representatives of the' Health Department as well as Ms. Moran, Ms. Atkins and Mr. Alongi to discuss needed repairs to the kitchen and the balance. of the facility.' . . Upon completion of the inspection with the. Health Department (copy ,attached), additional modifications will be required in the kitchen to make it acceptable (stainless . steel 3-compartment sink, single Compartment stainless steel sink, mop sink, FRP sheeting on walls, commercial grade vinyl flooring and various plumbing requirements). It is the hope and understanding of the Historical Society that the City will complete the balance of the project based on the City Council actions taken October 12, 2004. , , In addition to kitchen requirements (guestimate is $12,000), all flooring for the basement will need to be provided as well as suspended ceilings in the kitchen and the office area. Handrails will need to be fabricated for the interior entry ramp and additional electrical and plumbing will need to be installed to. accommodate illuminated exit signs and the new sink requirements, as per the Health Department. Attached is a memorandum dated November 16, 2004 regarding the request for \ additional funding to complete the punch, list items generated by the Building Department. The estimate for these items is approximately $9,400. Staff is in the process of securing bids for flooring, heating and air conditioning systems, stainless steel sinks and miscellaneous repair work (electrical, plumbing, ceilings, etc...) to complete the project. u It would be staffs recommendation that those costs be brought back to City Council for consideration once established. Our estimate at this time is $50,000, which we feel is in the ballpark. We will keep you advised as we proceed. :cd Attachment c. Director of Administrative Services Public Works Manager Building Manager u ACENDA ITEM NO. 4 PAct!-1LOF ,~.":) .'~.'_r. _"~.;.. COUNTY OF RIVERSIDE COMMUNIlY HEALTH AGENCY ~J 6'7f;fS9 { DEPARTMENT OF ENVIRONMENTAL HEALTH l{f ENVIRONMENTAL HEALTH SERVICES I>c" cw c-t4'1H (', SUPPLEME~L REPORT TO SAN. FORM # . C";;::: DATE eJ i ~ I .,~, ,- ( ~>- SUBJECT I~Me.,g-l ~~A~ "~. j(ftk1;~ C... j-f- ~tf'N€S'h~:JI;~;' ADDRESS ~{(f.;:b, 10., ~~l:' >)..I\','.L~._~ / .. INSPECTOR 1:!i~.g) 5"!~f' y;, ' REMARKS: T II . S 111 It- /, 114.C.f.v5:. Ih>v 5.:e4#1d ' v ~ , II\) '# e.. U-;.ec! . ~ ' t4 lA.U(,1.t 1(> l~ <; (.{ ~ Jl>. P ,>u':, K. . yl Tec\e.c ~/?U0er. CCW\ b~ \t(~ v+ c(R...- s ~-""'" ..... 6l~J '"'.,':''''' ,,"-.-,,,- ~uaCAe"'Mt2) '," t'.-<::._' ._' - ...'.... ,.'-" ";,::.~ tU1[t-<:. INTEROFFICE MEMORANDUM u -------"-~ -~---, TO: FROM: DATE: SUBJECT: , . , RICHARD J. WATENPAUGH, CITY MANAGER'. . ..... c, <;:. Vc~:<-fYlrl' DAVID W. SAPP, DIRECTOR OFCOMMUNITY SERVICES \~00.' \2'- .' NOVEMBER 16, 2004 CULTURAL CENTER REPAIRS ': Attheir October 12'h meeting, the City Council authorized up to $25,000 in repair work for the completion of the basement Cjt the Cultural Centerwhich will house the Historical Society once completed. Staff has secured a bid .of $20;900 for the. plaster, paint and stucco of .the basemen! leaving a balance of $4, 100 to complete the punch list of items . necessary to meet occupancy requirements. . The punch list of 33items generated by the City's Building and Safety Manager will require an additional $9,350' over the initial authorization of $25,000 to . U complete aI/items on the punch list. The total project is $34,350, Attachedpleasefind a purchase Order in the amount of $2(),900 to begin initial plaster and repair work. I have also included a copy of the punch list with Service One Services' written estimate for your review. Should you' approVe. the additional work, the original P.O. could be expanded to include the additional items.' . . Attached please find the P.O., the staff report, Service One Services contract and the punch list estimate of $13,450 as provided by Service One'Services. Work is scheduled to begin Monday, November 2200. . :cd c. . Assistant City Manager , Director of Administrative Services Finance Manager Public Works Manager Recreation/Tourism Manager .' U AO~DA ITEM NO. Y . PAce~OF ?>-~. 69171 CHS BUS I NESS FORMS (\)~'~ . ~ ' ( \,y"l CITY OF LAKE. ELSINORE 130 SOUTH MAIN STREET LAKE ElSINORE, CA 92330 DATE -f'bv {I (au I..{ PURCHASE REQUISITION ADDRESS: 1-lC- d..-St0 '5.;: (LV ~ LA- SHIP TO: VENDOR NAME: 7eYl-V lcF f)tJC ATTENTION: PHONE: 1s/,-'.h ,";'3"- 1- , PURCHASE ORDER' HAS THIS BEEN ORDERED?: YES _ NO _~ ORDER DATE: . . ACCOUNT. DESCRIPTION QTY UNIT PRICE TOTAL J'(}lj.:tZ1hlHft{; Cu L Jv.rn.f C-e.....+v-. ~L+- 00MlJ<<;~.s 'i4V\.cNah~_ . (\ -, -'---~ '" ~tdke>-.r-<J~"" ~ . ",-f ~~L.-\' p~~~ 41()JJ qco . . I DEPARTMENT HEAD APPROVAL . rOUNDS AVAILABLE-FINANCE SUBTOTAL $ SUBMITTED BY SALES TAX $ SUPERVISOR APPROVAL FREIGHT - $ DISCOUNT $ $ /0 CftJ~~ J ...... . TOTAL AOENDA ITEM NO. L( PAOltiL3)F 018 .,' I -I U:' -.. CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL P-- TO: MAYOR AND CITY COUNCIL ~ u FROM: DICK WATENPAUGH, CITY MANAGER DATE: OCTOBER 12, 2004 SUBJECT: CULTURAL CENTER RENOVATIONS BACKGROUND The City has a 2002 Lease Agreement with the Lake Elsinore Historical Society for renovation and use of the Cultural Center basement for a local museum_ The Lease provides for a five (5) year tenn and optional ten (10) year extension, at a rate of$1 per year, if certain improvements are completed within the initialtenn of the agreement. The Society has diligently pursued these . improvements, but has exhausted the available funding to complete the repairs. The City has also made a variety of repairs and renovations to the facility in the past several. years unrelated to. the proposed museum use. Additional repairs are ~Iso needed at this time', DISCUSSION , . .. _ The Historical Society has requested $20,000 fr{)m the City to fund the remaining improvements. to the facility. These improvements included plastering, painting and other disparate repairs which will bring the facility to public 'occupancy standards and would be permanent to the U structure. Staff has noted additional interior repairs from. previous water damage to the street side of the basement office. The cost to repair/he damage is estimate,datapproxima!ely$5,OOO. Thenature{)fallthe proposed repairs falls within .the bounds ofseiVices that can be provided by theon--callvendors approveci by the City. With Council approval, the work could be assigned to these vendors and managed by staff in cooperation with theHistorical Society. It would also be possible to meet the desire of the Historical Society to have the museum open for the public before the approaching December holidays. FISCAL IMPACT The proposed repairs wouldrequire $25,000.be funded from the existing General Fund Unallocated Reserves. RECOMMENDATION It is recommended the City Council authorize staff to proceed with the anticipated repairs and that funding be allocated from the General Fund Unallocated Reserves to coverthecost ()f improvements. ..~ T" PREPARED BY: ," MARLENE BEST, ASSISTANT CITY MANAGER APPROVED FOR . AGENDA BY: AtMk ~ CITY MANAGER'S OFFICE lJ ACl8IDArTBI NO. PAGE I ~ y Of 3? n (\ n Service . One Services PO BOX 1485, Lake Elsinore, Ca 92531 951-471-3621 _ fax 951-471-8245 .; (, PROPOSAL City of lake Elsinore Public Works Division 521 North Langstaff Street Lake Elsinore, CA 92530 Attn: Mr. Bill Payne Date:November 5, 2004 Re: lake Elsinore Cultural Center Scope of Work: Tenant Improvement Work Requested · Remove all flaking, loose, and water damaged interior plaster. . .. Supply intenor framing and plaster backing. as needed. · Remove and replace existing electrical as needed in office area. · Removeorframe in eXistingNC and elecfucalin SW corner. · Installre-bar steel cage in 3Window openings in .office" area. Close off windows using 11/8" plywood Jeavingopening attop and pump concrete into openings to. create. a solid wall. · Plaster. or drywall all interior walls and ceilings in entry, kitchen, general area, stage area, and office and make paint ready. . . PainfinteriOr cOmplete. Total $20,900.00 .. . Service One Services, Inc.. hereby Proposes to supply all materials and labor to complete work as agreed. Contractor not responsible for interior furnishings; .. belongings, or flooring. T enantto supply Contractor with adequate working space. during construction. This Proposal contains no flooring, plumbing, or HVAC.A separate Proposal will be submitted for work required by Building and Safety. Work to begin within 7 days of Proposal acceptance. Sincerely, 67~ffi~~ . Jay Hattabaugh General Contractor license#8722ll90. cay of Lake Elsinore I.lcen>e tl4765 AOEN9A ITEM NO.~ .PAoe~OF(~,~ VENDOR CHECK LIST FOR: 5e(\}{(.< OW' ~(ca u . 31'2S-(0 5 0.ead, Agree, and Sign the City's Maintenance Service Agreement. ~rovide Contractors License Status and License Informati6n to the City. 6/kead and sign Certificate' Regarding Wo~kers Compensation Insurance. e/'Have a current City Business License on file.. I '2.. { 'S' ((I L( ~rovide a Certificate of Insurance with Coverage requirements determined by the City. / I I d /0'-( . , u .;.., 1. u ACENDA ITEM NO. . ". Y . PAOEJOOF ;01> OLllOI01 City of Lake Elsinore License Master Inquiry 8/26/04 08:00:08 Business control nbr .: 4723 License number . . . . . 04 04765 ~~nessname .& address S ICE ONE SERVICES OUT OF TOWN BUSINESS OUT OF CITY CA 00000 Pin number 9931 Mailing'address P.O. .BOX 1485 LAKE ELSINORE. CA 92531 Classification Exemption applied . License status, date Appl, issue dat.e Expiration, valid thru Gross receipts amount . Date renewal printed Date printed, reprinted Prior license . . . . . :>1unicipal code reference Press Enter to continue. ~3=Exit . F5=Additional charges F6=Charges F7=Miscellaneous ~8=Business inquiry F9=Additional requirements FIO=Receipts CB GENERAL BUILDER CONTRACTOR ACTIVE 1/06/04 12/31/04 1/06/04 '12/31/04 .00 1/07/04 1/09/04 03 04765 1/09/04 . More.. . inforIllation F24=More keys n ., n AGENDA ITEM NO. L{ PAoe~OF :~3 ~ , 10 03 11:47a Service.One.. Dee ftVV-L::'-LUUj flit II :qq flfI HUWIl.~V ~ LI:Wl~ In~ , 909 471 8245 fAX NO. -04 546 0971 P. 01 p.2 ACORD_ CERTIFICATE OF LIABILITY INSURANCE 't)k.UiM~ 1112512003 ~rd S. Lewis Insurance SVcs, In(; 71~46-0007 l"H1S ~R1lfICATE IS ISSUED AS " MATTER OF lNfORtii1lOll ONly A/llI CONfERS 1((1 Rtc/fTS .""""TljE CfRTlFICA.TE 660 Bakel Street. Suite 273 _R. .JIft$ ~/lTIAc"TE DOES IIOT. ....19lD. EXTa<D OR Costa Mesa. CA 92626 ,"-TER THIi COVERAGE "FFQtU>EO OY TIlE !'(lUQEs BELOW. . License tI0034019 INS_~ C01lEltAGE NNc. - -~Jn GenerallnslArrowhead Wfffiam Rankin & --. Jay S. Hattabaugh ~ERC: . 17541 Batkshatt Dr. ......." lake Elsinore, CA .92530 _e . . u COVERAGEs "'" -.... OF ~1WtCe llSlm oa.ow HA\IE..... ,.".,." '0 ""''''iMleo ....... AIOVE F<lR ""' POLICY f'ERlOO lNllCA_ 001\'n1f1$T_ - IlEQUI........... 1l'ftN OR CONDmoN OF - COHlRAcr ... _1>0_ W1T~ RESPECT 10 WHICh THIS CEm1FICAlE ....Y eE ~ Oft . "'Y l'Efly.... ".. - AFfOtlOEo BY THE I'OUclES DESCRIBED """'.. IS 0U8.Il!Cl1O All _ TERMS. ElCt:L.usIotl$AND _ OF SUCH 1"Ol.JCES. AGGRE:~TE UMrrs ~ ~y IM\o'E &€EN REDUCED BY PAID QAJMa. Iiifi ~. ...... '---.:.1.000.000 . 100. A 11114/2003 1111412004 ~~ ~f&~ IQ)Qp -.....~ t H1tllQfAU.~~l' ~ GEH9tA&._~1'E . NlODlICT&. AGO. ~k~~L" . """"-"'""'"" ""'- . HOH-O_mAU11:Jl5 IOO:LVINJURY -- . -.---- ~~"~~~r .-DEI:lOCnilt.s.. ..,. 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OF'$~ " (\ CITY OFI..AKE' ELSINORE CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION INSURANCE Section 3700 of the LabOr Code provides in part as follows: . . , "Every employer eXcept the State shall secure. the payment of compensation in one or more of the following ways: (\ A) By being ins\lred against 'liability to pay compensation with one or more insurerS duly authorized to write compensation insurance in this,state. B) By securing frbm the Director .of Industrial Relations.a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of. Industrial Relations of ability to self-insure and to . pay any compensation, that may become due to his employees,_" The undersigned. is aware of the provisions of Section 3700..- of the Labor Code which. require every. employer to be insured against liability for worker's compensation Or to undertake self-insurance in accordance with the. provisions of. that code; . and will. comply with such provisions before commencing the performance of the work of th:::;.'=Cj/c,~. ... DA,.lJ,rbr PRINTED NAME '.':17J. '7 JJ Ak,l'/J UIiU .' . ..1 . TITLE CO,-,7Y'/J C779;^ &;e.JPrfJC J)J~h);JrK"/ COMPANY ....\r=> flu lr ('> n I.J r'_ ,,0(;'(,1/ re \ v ADDRESSn)'/..// /J(J(lJ4\.djJ7r~1 Le. CGS'/oort"'.,. C/l72,r.J>cJ . 90 S </7/-JCcj (In accordance with Article 5, commencing at Section 1860, Chapter I, Part 7, Division 20fthe Labor Code, the above Certificate must be signed by the Contractor and filed with the'a.wardingbody prior to the Contractor performing any work under this contract.) . n AGENDA ITEM NO. PAC\! r)l3 y OF,~.3 DECLARATION REGARDING LICENSE STATUS u I do hereby declare, that our/my contractor's license is and expires on ~ hi k CJO L/ /]7?ZAC;O I declare under penalty of perjury that the foregoing is true and correct. Executed this 2:.s:a day of J)/1l/'C4 ,19_, at I.- ,(lye ELS'A lOI'e..- , California. · /J7/~~/ " Si~ature cY 7'~/v/ /( ~ Printed Name IRy ,!/fJ77):J/J'/J<-/crA ,", Title (OrvTr'AC77:J r /r:.("Aff">/~C/YJA^,}lJrf,pr .' ',,' v ,Signing on behalf, of (if applicable) u u AGENDA IrEM NO. " '~ PAae.dL~ ., n n n MAINTENANCE SERVICE AGREEMENT THE CITY OF LAKE ELSINORE, , hereinafter referred to asCJ:TY, AND SERVICE ONE SERVICES, hereinafter ,referr<?d to as CONTRACTOR, hereby agree as follows: 1. PROJECT: The CONTRAGTOR shall,: perform" services, in the nature of building repair and,~ervice, as well as minor concrete and brickwork for the City of Lake Elsinore. 2. SCOPE ',OF SERVICES: ' I ' 'The CONTRACTOR shall furnish own tools, equipment', ancl veh.}cle at his own ,exPense. 3. TIME F()R PERFORMANCE: ", The CONTRACTOR shall cOmmence performance of fequested services within two business days' of a, request for services" by the Public Works Manager. , , 4 . TERMOr AGREEMENT:,Ilue to the on-caLl" as needed basis of the servic;es", the ten,n 9f the contract shall apply to any future purchase orders. 6. 5. , , 'COMPENSATION: a work The contractOl; .. ~ ."".. , shall submit esti:alate for" all, work to be perfonned. The city must approve all work prior to performance of the, work. Work ,"\ will be comPensated pursuant JO the agreed amount on the city signed and approvedestimaj;e fonn., LICENSES: The CONTRACTOR, its employees, agents, contractors, arid subcontractors shall maintain prOfe,ssional licensesrequiJ:'ed by the ,laws of the State Of, California, and a City Business License at. all times ACENDA ITEM NO. PAOE ~P) l\ OF ,~?) while p~rforming services under the Agreement. ., .., t 7. PERMITS !-\ND RIGHTS OF ENTRY: The CITY will provide any u and all necessary permit and rights of entry as required to perform the proposed services. The CONTRACTOR will prosecute the' work in a manner ,to minimize inconvenience and any possible hazard to the City. , . 8. WORKERS COMPENSATION INSURANCE: The CONTRACTOR certifies , that he is awar~' of' the'laws 'bf' the State of California requiring employers' to be insured 'against liability for , Workers Compensation' and :.. ' shall comply with such laws . ,. .' { .during the term o'ftliis' Agreement. ,,9. CONTRACTOR'S LIABILITY: The CONTRACTOR shall indemnify and hold the CITY, its officers, employees, and agents free and harmle'ss "from" any liability . whatsoever, U including wrongful death, based or asserted UPOlJ. act, or " ,omisSion' of the . CONTRACTOR, Its employees, subcontractors, and agents relating to or in anyway connected with the' acco.mplishment of the work or performa.nceof service'\inder this Agreement. As part of the foregoing indemriity;' the CONTRACTOR agrees to '.protect 'and "defend at his' own expense, including attorrieyfees, .the 'CITY, its' offices, agents, and employees 'in any legal ,action based C upon, any s,uch allege~actsbr omission. PUBLlC 'LIABILITY AND 'PMPERTY DAMAGE ,INSURANCE (. .. '- ., - . . - -' - . . . . The CONTRACtOR shall furnish to' the CITY and maintain during the' life, of the contract a public liability U AGENDA ITEM NO. PAOe ~(p y OF ,q-=3 n policy in. 'which the'CITY 1S' named as an' additional insured. The .policy shall also hold harmless the CITY, its officers,.and'employees while acting within the scope of their duties,. again.st all claims arising out of or in connection with the work to be performed: The policy shall' provide for not less than the following amounts: Insurance Coverage Requirements Limit Requirements Comprehensive General Liability Comprehensive Automobile Liability Contractual Liability $ 1,000,000 '$ 1,000,000 $ 1,000,,000 CONTRACTOR shall not commence work under this contract until all required insurance has been approved by the (\ CITY. CONTRACTOR shall not allow any subcontractor to colDl\1.ence work i.mti.l all similar required insurance has be€n approVed by th€ CITY. Insurance policies carried by the CONTRACTOR and Subcontractors shall. bear an endorsement or shall have attached a rider providing that in the event of cancellation or proposed cancellation of such policies for any reaSOn whatsoever, the CITY shall be notified by registered mail. 10. WORJ<.PRODUCT: Work shall be considered complete upon ..inspectionand approval of the Public Works Department. . .';-- .'" " -. base4 service andmaype terminated at a moments notice. n lZ.INDEI?ENI>ENT CQN'1'RACTOR: CONTRACTOR and his agents, serVants', and employees shall act at all times in an ACeNDA ITEM NO. . PAOE rQ7 4 OF .33 independent capacity during the term of this Agreement U and in the performance of the services to be rendered hereunder, and shall not act as, and shall not. be, and shall not in any ,manner be considered to be agents, officers, or. employees, of the CITY. 13. EMER<>.ENCY SERVICES: . The CONTRACTOR shall provide the CITY with at least two (2) forms 'of contact that can be called by CITY representatives when emergency maintenance conditions occur during hours when the CONTRACTOR'S normal work force is not present. The CITY shall' call for such assistance only in the event of a genuine and substantial emergency. The CONTRACTOR shall provide a maximum of one-hour personnel response time upon notification. 14. 'PERSQNNE;LATTIRE lWDEQU!PMENT:' The CONTRACTOR shall require each of his employees to adhere to basic Public Works standards of working attire. These are basically uniforms, proper shoes and other gear required by State Safety Regulations, and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. CONTRACTOR shall display the name of his firm on any vehicles used by the. CQNTRACTOR '5 employees to carry supplies and equipment. The firm name shall be in letters ..large enough to be easily legible from a distance toone-hundred (100) feet. IIi addition, CONTRACTOR shall display directly below ACiENDAITEM NO. PAC! d('R' u u L.i OF .3?J d (\ vehicle's companyidentificatibn, a magnetic sticker with the following message: "Under . contract with the city of Lake Elsinore".. The CONTRACTOR is responsible for the purchase of required number. of magnetic stickers. The City .will. provide it sample. sticker to . CONTRACTOR. 15. SPECIFICATIONS: Standard' Specifications .... The Standard Specifications . of the City. of Lake. Elsinore are contained in the 1998 Edition of the Standard Specifications for Public Works Construction, including all supplements, as written and promulgated by the joint Cooperative Cqmmittee of the Southern California Chapter of the Associated General Contractors of California. (\ ,Copies of. these . Standard Specifications are available from the publisher at the following address: BUILDING. NEWS, INCORPO~TED 1612.S. Clementine st. Anaheim, California 92802 Phone: (888) 264-2665. other technical documents included by referenGe herein include the Riverside Cotmty Road. Improvelnent Standards and Specifications, latest edition, and the State of California Department of Transportation Traffic Manual and Manual of Traffic Controls for Construction and (' MaintenanCe Work Zones. The Standard Specifications set forth above will control the General Provisions, construction Materials and Construction Methods for this contract eXCept as amended by the plans, special provisions, techllical ACENDAITEM NO. ... .. .L]. .. PAOf~0F;13 specifications or other contract documents.' 16. ASSIGNMENT: Neither, this Agreement nor any part thereof shall be assigned by the ,CONTRACTOR without the prior written c~nsent of the CITY. 17. NON-DISCRIMINATION: CONTRACTOR shall not discriminate at its recruiting; hiring, promotion, demotion, or termination practices on ,the basis of race, religious c:r;eed, color, national origin, ancestry, physical . hano-icap, medical condition, marital status or sex in the performance. of this contract, and; to the extent u they sha~l be . found to be applicable hereto, shall cClmply." with theprClvisions of the California Fair Employment Practices Act (commenCing with Section 1410 of the Labor Code), and the Federal Civil Rights Act of U 1964 88-352) . t'W1vt-~ 'LX: rt1J '5 Date' . /)7Af'c,JZS:2co? Date Contractor Op<.Je S;;{'u/ces {ICe> ____se # j:J 72Z&<; 0 ACENOA ITEM NO. PAUl! . 8D u y OF ,~3 '. (\ (\ " If -lb-uV 5-e/UIU OPtJ <i~-h~-& fW-.. {b11!L;, ! ~ , CITY OF LAKE ELSINORE INtE~OFFICE MEMORANDUM . fJ-(;,'cvArr. -r ffl/tl her! c::: TO: Bill Payne, Public Works Manager FROM: Robin Chipman, Building & Safety Manager DATE: October 28, 2004 RE: Cultural Center I Occupancy Requirements ::' Bill, following is a list of items noted on our walk thru on Tuesday, October 26th. These items need to be addressed prior to the Historical SocietY-occupying the basement area of the Cultural Center. . . Imt~1I ~eather ~tripping mid threshold at ne~ rear door. 'IOU '" -'. .~ r<./ ~ . p .' ,1'~ '-r . Install light fixture outside rear door. . Imtall approved closers at main and rear doors. Doors to.be .adjusted for maximum 15 . pound force. . . ZC;~' . . Provide a 2" wide color contrasting stripe at the nose of eacht.I:.ead at the rear exterior stairs. ,~ ,--. . Install exit signs at bOth the main and rear doors (exit signs to be (j~ ~parate circuit), . . . . Install levered type hardware throughout on all doors, except main entrance and rearexiC . .....,-,(..- . : . , -;.'-' . Remove all unused~r abandoned electrical conduits, gas 'lines, and Ale lines, . . .~"[-~. . Obtain Electrical Permit and verify installation of electrical wiring tor light fixtun:s and ' Emergency Exit tights. (call for inspection after obtaining permit)/t::c'," . .' . " - ". ,'. .<. . . Repair or remove existing electrical conduits and wiring as neces;;3ry to comply with National Electrical Code. . . . " // . . .., . '.. '. . Enclose walls at electrical sub-panels and label all 'circuit breakers. ; - . . /.;;;c...... n · Build chase, at main electrical conduits at ADA ramp (0 protect.f'z-omdamage. <~' '''':'-L~ ..// ACENOA ITEM NO. . '14 PAOl!-0.l-0F;~~ . - lnstall.newdoor at stairway near main entrance to prohibit access to City CounciL -:)00 . Install handrails at new ADA ramp on both sides to comply with California Building Code. -Z ';V . ' Install ventilation duCt for fun at second (private) restroom. ~ ~C() ,:ci) . Install boot on trap at sink in accessible restroom . Grab bars at unisex accessible restroom to be installed per code. Minimum 24" from front of water closet forward and maximum 12" from rear wall. . . . ~,d.c.... . Provide approved ADA accessible signage for unisex accessible restroom. . Toilet paper dispenser to be 12" maximum from front edge oftoiletand minimum 19" above fmish floor. 7-1 lc ,,' , ~ ,-;"" \' ..1: -::";<. ,'. . Install paddle type controls at kitchen sinks. ',.h ,. Provide access to area behind>do,or located in storage room next to kitchen. determine if any code relatediteins exit. Need to r ,....,; .. .~./ <-v " ""- \ , I 'r'U' J ._... l't ; { . .' i _.{.(L-' ft... ,; . Obtain County of Riverside Health Department approvaliffood will be prepared, sold, or providedon-site. ' ';,.! j r. U , , . " -,-. '.' Counter tops at kitchen must provide area 36" 'long andlocatedbetw~n 28" to 34" abOve finish floo~. " ft>'::' I".: . . Obtain County of Riverside Fire Department permit and approval oLhood system if kitchen will have cooking appliance. (if no ,stove ~ no Fire Dept. approval required) .' Remove abandoned heat duct from back room to main floor area. . ~.\.'..' ( t.;.- , . . Install T -bar ceiling at back room to conceal plumbing and eleCtrical. ' with seismic requirements. o T-bar to ,comply . Install dead bolts alall doors leading from basement to stairway.' , , . Repair window openings at eastside of basement (below grade ~3 to~l). Wihdows to be " . structurally filled to prevent earth from caving in. Iy!~' . Remove' plywood at. east and west baSement walls for inspection (below windoW' openings). '. Repair all holes in walls mid ceilingst~ough()ut the basement area," ,~"rieceSsary.' . " NM AGENDA ITEM NO. PAct flf), U Ll OF ,-:J "3 ~. 'I'") {;;\ i'\ rA Cc. . Obtain Mechanical Permit to install new ventilation system to comply with Building Code requirements for square footage of basement area. Provide floor plan showing location of mechanical unit and ducting to supply all areas of basement. ')ud7 . Stage area must be made accessible to the physically disabled. It is acceptable to provide l-c..Y removable ramp if less than 24" elevation change. Ramp must have a slope of not lI).ore . J than I in 12, . .I " .... ..'v....t_,;. Must remove dobrs or ': '.' f The door that accesses the room at the left side of stage area to be made acc~sible. (minimum 32" wide opening) . \. .\ \ ,.-' .. 'l'~' __: ~.'v ~ - ~ ) 'v' .~. , t:I S ". " Z~~~.: ....,:: ;:.-:. :~i ~.../..- ... ..~(:t"'iA '.? \. ,,', ~ :> .. . The doors that access the stage area cannot swing over the stairs. swing doors in the other direction. ,.'\ ("{ --' ./ ....".;' . ./ Bob Brady, Community Development Director Dave'Sapp, Community Services Director " AOiNDA IJEMNo.. · 9 PAc! 3.~ OF ,~,~ .... APPROVED BY: JL- a "/6?.-~ COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION APPROVED FOR AGENDA LISTING: \ d : >, , ' , , \ ,I; '. AGENDA ITEM NO. L, PAGE :).. OF--1.L U \~ ~ ,Vi, '0' IMPROVEMENT REIMBURSEMENT AGREEMENT (""'\ THIS IMPROVEMENT REIMBURSEMENT AGREEMENT (this "Agreement"), dated as of June 1, 2004 for identification purposes only, between the City of Lake Elsinore, a municipal corporation, hereinafter referred to as the "City," and NEAR-CAL Corporation, a California corporation, hereinafter referred to as the "Developer." - - RECITALS - WHEREAS, Developer presently owns9r has owned property that is located within the City of Lake Elsinore, and this property has received development approval from the City as Tentative Tract No. 30181 (the "Property" or the "Tract''). WHEREAS, as a condition of development of the Property, the Developer is required to construct certain master planned storm drain improvements and more particularly shown on the Storm Drain plans for Parcel 30181 on file in the City Engineer's office (the "Improvements). WHEREAS, the Improvements will benefits other property in addition to the Tract and will be dedicated to the City; - WHEREAS, the Developer has constructed the ,Improvements and incurred actual costs of$78,760.00 (the "Reimbursement Amount"); WHEREAS, Developer has also paid drainage fees (the "City Fees") of $64,346.50 in connection with development of the Tract; and n WHEREAS, the Developer has requested to enter into an -agreement with the City by the terms of which it can be reimbursed for the City Fee and such addition actual construction Costs of the Improvements for City Fees that the City has collected or will collect in the future in an amount that is not to exceed the amount $14,413.50. - AGREEMENT ... NOW, THEREFORE, for good and valuable consideration and the mutual promises contained herein, it is agreed-as follows: - Section 1. Purpose of the A2l"eement. Following"execution of this Agreement, the Developer shall cause the Improvements to be designed, engineered and constructed and the City shall payor credit the Developer the Reimbursement Amount consistent with Section 5. " . Section 2. Preparation and Approval of Plans and Specifications. The parties acknowledge and agree that the plans for the Improvements have been prepared by the Developer and approved by the City (the "Plans"). n -' Section 3. Duty of Developer to Construct. The Developer shall construct or cause to be constructed the Improvements in _ accordance with the approved Plans and specifications as approved by the City Engineer. The Developer_shall perform all of its obligations hereunder and shall conduct all operations with respect to the construction of the Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices AGENDA ITEM NO. PAGE 3 to \ l OF appropriate to the activities undertaken. The Developer shall not be relieved of its obligation to construct the Improvements and cause title to the Improvements to be conveyed to the City even U if the Reimbursement Amount is less than the actual cost of the Improvements. Notwithstanding the foregoing, nothing set forth in this Agreement shall be construed to require the Developer to perform any work requiring a contractor's. license, nor shall the -Developer be deemed to be performing construction services pursuant to this Agreement; Section 4. Acquisition of City Facilities. The Developer hereby agrees to convey to the City and the City hereby agrees to pay to the Developer the Reimbursement Amount for the Improvements, subject to the terms and conditions hereoL The Reimbursement Amount shall be paid solely from fees collected or to be collected by the City and designated for the cost of construction of the Improvements. The City shall not be obligated to pay the Reimbursement Amount except from amounts held by the City for such purposes. Section 5. Payment of the Reimbursement Amount. (a) Upon recordation of a Notice of Completion for the Improvements and acceptance of the Improvements by the City Engineer, the City Engineer shall reimburse the Developer for Developer's prior payment of City Fees, that is, $64,346.50, which shall be credited towards payment of the Reimbursement Amount. ' (b) The remaining unreimbursed Reimbursement Amount, that is, $14,413.50, shall be payable solely from future unencumbered City Fees paid in connection with development within the Warm Springs W~st Drainage District for a ten (10) year period fol~owing the U- effective date of this Agreement. Developer acknowledges that such unencumbered CIty Fees do not include fees paid by other developers that are entitled to reimbursement of such drainage fees under previously agreed to reimbursement agr~ements. Section 6. Construction Requirements. (a) The Developer shall require, and the specifications and contract documents shall require all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such individuals or entities are engaged to perform work on the Improvements, to pay at least general prevailing wage rates to all workers employed in the execution of the contract, to post a copy of the general prevailing wage rates at the job-site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to general prevailing wage rates as required by the specifications approved by the City Engineer. (b) The Developer shall require each contractor, subcontractor, vendor, equipment operator and owner operator, to the extent such individual or entity is engaged to perform work on the Improvements, to provide proof of insurance coverage satisfying the requirements of Section I I hereof throughout the term of the construction of the Improvements. Rather than requiring its contractors to provide'such insurance, the Developer may elect to provide the same for the benefit of its contractors. -- u AGENDA ITEM NO. f.n PAGE Lj 0-;1\ (c) The Developer shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, to the extent such individual or entity is engaged to perform work on the Improvements, to comply, with such pther requirements relating to the construction of the Improvements as the City may impose by written notification delivered to the Developer, to the extent legally required as a result of changes in applicable federal, state or City laws, rules or procedures. (d) The Developer shall require, and the specifications and bid and contract documents shall require all contractors, subcontractors, vendors, equipment operators and owner operators, to the extent such individuals or entities are engaged to perform work on the Improvements, to submit certified weekly payroll records to the City Engineer promptly upon request. The Develop~r shall pro~ide proof to the City Engineer, at such intervals and in such form as the City Engineer may require, that the foregoing requirements. have been satisfied as to the Improvements. Section 7. Licenses and Permits. The Developer shall have secured (or ,cause to be secured) any and all permits which may be required by the City or any other governmental agency affected by the construction of the Improvements. The Developer shall be responsible for paying all applicable fees and charges to the City to obtain any land use entitlements and permits which are necessary to construct the Improvements. Section 8. Reserved. (1 Section 9. Inspection; Completion of Construction. The City Engineer shall have responsibility for providing inspection of the work of construction of the Improvements to insure that the work of construction is accomplished in accordance with the Plans and specifications approved by the City Engineer. City inspection personnel shall have access to the Improvements Construction site at all reasonable times for the purpose of accomplishing such inspection upon presentation of proper identification. (1 . , No later than ten business days after receiving notification from the City that the Improvements has been constructed in accordance with the Plans, the Developer shall file with the Lake Elsinore City Clerk a Notice of Completion pursuant to the provisions of Section 3093 of the California Civil Code. . Section 10. Maintenance of Facilities; Warranties. The Developer shall maintain the Improvements in good and safe condition until their acceptance by the City. Prior to the acceptance of the Improvements, the Developer shall be responsible for maintaining the Improvements in proper operating condition, and shall perform such maintenance as the City Engineer and the Developer agree is reasonably determined to be necessary. As of the date of acceptance of the Improvements, the .Developer shall assign to the City all of the Developer's rights in any warranties, guarantees, maintenance obligations or other evidence of contingent obligations of third persons with respect to the Improvements, except for those rights necessary to the fulfillment of any outstanding obligation under this Agreement. Section 11. Insurance Requirements. Without limiting or diminishing the Developer's (1 obligation to indemnifY or hold the City harmless, the Developer shall procure and maintain or AQENDA ITEM NO. (p PI',S': ~l OF...1L- cause to be maintained, at its sole cost and expense the following insurance coverages during the term of this Agreement. (a) Commercial General Liability: Commercial General Liability insurance coverage, including but not limited to, premises liabilitY, contractua1liability, products and completed operations, explosion, collages, use of cranes, and other heavy equipment and underground hazards, personal and advertising injury cOvering claims which may arise from or out of Developer's performance of its obligations hereunder. Policy shall name by endorsement the City and its special districts, respective directors, officers, Board of Supervisors, elected ,officials, employees, agents or representatives as Additional Insureds. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit as described above. , , (b) Vehicle Liability: Developer shall maintain liability insurance for all owned, non-owned or hired vehicles in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply, separately to this Agreement or be no less than two (2) tinies the occurrence limit as described above. Policy shall name by endorsement the City, its special districts, their respective directors, officers, Board of Supervisors, elected officials, employees, agents or representatives as Additional Insureds. (c) Worker's Compensation Insurance: Developer shall maintain Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Section 12. Ownership of Facilities. Notwithstanding the fact that a portion or all of the Improvements may be constructed in dedicated street rights-of-way or on property that has been or will be dedicated to the City, the Improvements shall be and remain the property of the Developer until acceptable title thereto is conveyed to the City as provided herein. Such ownership by the Developer shall likewise not be affected by any: agreement that the Developer may have entered into or may enter into with the City pursuant to the provisions of the Subdivision Map Act, Section 66410 et seq. of the Code, and the provisions of this Section shall control. Section 13. Representations, Warranties and Covenants of the Developer. The Developer makes the following representations, warranties and covenants for the benefit of the City, as of the date hereof and as of the date of the Payment Request is delivered to the City hereunder: ' ' u u (a) Organization. The'Developer represents and warrants that the Developer is a California corporation duly organized and validly existing under the laws of the State of California, is in good standing under the laws of the State, and has the power and authority to own its properties and assets and to carry on its business as now being conducted and as now contemplated. (b) Authority. The Developer represents and warrants that the Developer has the power and authority to enter into this Agreement, and has taken all action necessary U AQENDA ITEM NO.~ ?~.GE b ;=rc n to cause this Agreement to be' executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the Developer, (c) Binding Obligation. The Developer represents and warrants that this Agreement is a valid and binding obligation of the Developer and is enforceable against the ; Developer in accordance with its terms; subject to bankruptcy, insolvency, reorganization or othersirnilar laws, affecting the enforcement of creditors' rights in general and by general equity principles. ' n , , , , , (d) Completion ofImprovements. The Developer covenants that it will use its " reasonable and diligent'efforts to do all things that may be lawfully required of it in order to cause the Improvements to be completed in accordance with this Agreement. (e) Compliance with Laws. The Developer covenants that, while the Improvements are owned by the Developer or required pursuant to this Agreement to be maintained by the Developer, it will not commit, suffer or permit any of its agents, employees or contractors to commit any act to be done in, upon or to the Improvements in violation in any material respect of any law, ordinance, rule, regulation or order of any governmental authority or any covenant, condition or restriction now or hereafter affecting the Property or the Improvements. (f) Payment Requests. The Developer represents and warrants that it will diligently follow all procedures set forth in 'this Agreement with respect to Payment Requests. (g) Finimcial Record~. Until the fmal acceptance of the Improvements, the Developer covenants to maintain proper books of record and account for the Improvements and all costs related thereto. The Developer covenants that such accounting books will be maintained in accordance with generally accepted accountiDg principles, and will be available for inspection by the City and the City Engineer, at any reasonable time during regular business hours on two business days' prior written notice, subject to mutually acceptable arrangements regarding the confidentiality of proprietary data. , n (h) Permits. ' The Developer covenants that it will obtain all governmental or other permits required to proceed with the construction of the Improvements and that it will pay all fees relating thereto. The Developer and the City mutually represent and warrant to each other that to their actual knowledge, as of the date hereof, there is no material legal impediment to the Developer's proceeding with and completing the construction of the, Improvements or to ,the development of the, Property as contemplated by the Developer. (i) Environmental Matters.' The Developer represents and warrants that it has complied with, has caused compliance with, or will cause compliance with, the California Environmental Quality Act as required for the construction of the Improvements and its conveyance to the City. ' Section 14. Representations, Warranties and Covenants of City. City makes the following representations, warranties and covenants for the benefit of the Developer: A<lENDA ITEM NO.~ PAGE:L;-J,L (a) Authority. City represents and warrants that City has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement to be U executed and delivered, and this Agreement has been duly and validly executed and delivered on behalf of the City. ' (b) Binding Obligation. City represents and warrants that this Agreement is a valid and. binding obligation of, City and is enforceable against City in accordance with its terms, subject to bankruptcy, insolvency, reorganization or other similar laws affecting the ,enforcement of creditors' rights in general and by general equity principles. . (c) ,Completion of the Improvements. ,The City -covenants that it will use its reasonable and diligent efforts to take expeditiously all actions that may be lawfully required of it in issuing permits, processing and approving plans and specifications and inspecting the Improvements in accordance with this Agreement. (d) Payment Requests. City represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to each payment. request and payment of the Reimbursement Amount. . ,', .",,' I' , Section 15. Indemnification. The Developer agrees to protect, indemnifY, defend and hold the City, and its respective officers, employees and agents, arid each of them, harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorney's fees, and court costs which the City, or its respective officers,. employees and agents, or any combination thereof, may suffer or which may be sought against ,or recovered or obtained from the City, or its respective officers, employees or agents, or any combination U thereof, as a result of or by reason of or arising out of or in consequerice of (a) the acquisition, construction, or installation of the Improvements, (b) the untruth or inaccUl'llCY of any representation or warranty made by the Developer in this Agreement or in any certifications delivered by the Developer hereunder, or (c) any act or omission of the Developer or any of its subcontractors, or their respective' officers, employees or agents, in connection with the Improvements. If the Developer fails to'do so, the City shall have the right, but not the obligation, to defend the same and charge all of the reasonable direct or incidental costs of such defense, including any reasonable attorneys fees or court costs, to and recover the sanie from the Developer. The parties acknowledgeap.d agree that the Developer shall be released from the indemnity obligation set forth herein uPon the expiration of the performance bond as described in Sections 7(e) and II. .. , ~ Section 16. Developer as a Private Developer. In performing under this Agreement, it is mutually understood that the Developer is acting as a private developer, and not as an agent of the City. The City shall have no responsibility for payment to any contractor, subcontractor or supplier of the Developer. Accordingly, this Agreement does not constitute a debt or liability of the City. Other than as provided in Section 5, the City shall not be obligated to advance any of its own funds or any other costs incurred in connection with the PrOject. No member, official or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. Section 17. Other Al!:reements. Nothing contained herein shall be construed as U affecting the City's or the Developer's respective duty to perform its respective obligations under AQEN[)A ITEM2PO. ~ , PAGE ;-n- n n [\ other agreements, land use regulations or subdivision requirements relating to the development of the Property, which obligations are and shall remain independent of the Developer's rights and obligations, and the City's rights and obligations; under this Agreement; provided, however, that the Developer shall use its reasonable and diligent efforts to perform each and every covenant to be performed by it under any lien or encumbrance, instrument, declaration, covenant, condition, restriction, license, order, or other agreement, the nonperformance of which could reasonably be expected to materially and adversely affect the acquisition, construction and installation of the Improvements. ' , Section 18. Bindin2 on Successors and Assi2Ds. Neither this Agreement nor the duties and obligations of the Developer hereunder may be assigned to any person or legal entity other than an affiliate of the Developer Without the written consent of the City, which consent shall not be unreasonably withheld or delayed. Neither this Agreement nor the duties and obligations of the City hereunder maybe assigned to any person or legal entity, without the written consent of the Developer, which consent shall riot be unreasonably withheld or delayed. . The agreements and covenants included herein shall be binding on and inure to the benefit of any partnerS, permitted assigns, and successors-in-interest of the parties hereto. Section 19. Amendments,. .This Agreement can onlybe amended by an instrument in writing executed and delivered by the City and the Developer. Section 20. Waivers. . No waiver of, or consent with respect to, any provision of this Agreement by a party hereto shall in any event be effective uuless the same shall be in writing and signed by such party, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. Section 21. No Third Party Beneficiaries. No person or entity, other than the' City, shall be deemed to be a ,third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other. than the City and the Developer (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. ' ' Section 22. Notices. Any written notice, statement, demand, consent approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other party in writing from time to time, namely: Developer: 23121 Antonio Parkway, Suite 120 Facsimile: City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92539 AQENOA ITEM NO. (n . " p"'GEl~ Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is U addressed (a) if personally served or delivered, . upon delivery, (b) if given by electronic communication, whether by telex, telegram or telecopy, upon the sender's receipt of.an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, (d) if given by overnight courier, with courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any other means, upon delivery at the address specified in this Section. Section 23. Jurisdiction and Venue. Each"ofthe City and the Developer (a) agrees that any suit action or other legal proceeding arising out of or relating to this Agreement shall be brought in state or local court in the County of Riverside or in the Courts of the United States of America in the district in which the City is located, (b) consents to the jurisdiction of each such "court in any suit, action or proceeding, and (c) waives any objection that it may have to the laying of venue or any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has ~een brought in an inconvenient forum. Each of the City and the Developer agrees that a final and non-appealable judgment in any such action or proceeding shall be conClusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. "" Section 24. Attorneys' Fees. If any action is instituted to interpret or enforce any of the provisions of this Agreement, the party prevailing in such action shall be entitled to recover from the other party thereto reasonable attorney's fees and costs" of such suit (including both prejudgment and post judgment fees and costS) as determined by the court as part of the U judgment. Section 25. Governine: Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Section 26. Usae:e of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. Section 27. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. ;( 1 u AQENOA ITEM NO. l, PAGE 1 Q OF--1.L. n (\ (\ IN WITNESS WHEREOF, the Parties have executed this Agreement as of the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Dated: ,2003: By: Mayor ATTEST: VICKI KASAD, CITY CLERK By: VICKI KASAD APPROVED AS TO FORM: VAN BLARCOM, LEmOLD, McCLENDON & MANN, P.C. By: BARBARA ZEID LEIBOLD City Attorney "DEVELOPER" Dated: ,200_ By: Its: AQENDA ITEM NO. l> PAGEiL OF II u I. '. u u CITY OF LAKE ELSINORE (\ REPORT TO THE CITY COUNCIL (\ (\ TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 8, 2005 SUBJECT: COOPERATIVE AGREEEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND K. HOVNANIAN FORECAST HOMES TRACT NO. 31917 FOR STORM DRAIN IMPROVEMENTS. BACKGROUND The City of Lake Elsinore and the Riverside County Flood Control and Water Conservation District (RCFCWCD) and K. Hovnanian-Forecast Homes desire to enter into a cooperative agreement for the design, construction and maintenance of the continuation of Stage 2 storm drain improvements of the West Elsinore Master Drainage Plan area. FINDINGS The developer has designed plans and specifications for this project in accordance with RCFCWCD and the City of Lake Elsinore standards. The developer will finance all costs related to design, construction and inspection for this project. RCFCWCD will assume responsibility for the operation and maintenance of the storm drain, the City of Lake Elsinore will assume maintenance of the appurtenances, consisting of catch basins, connector pipes and storm drain laterals. The City Attorney's office has reviewed the agreement and found it to be acceptable. Original copy of the Cooperative Agreement is available for review at the City Clerk's office. FISCAL IMPACT Although there is no immediate fiscal impact, the City will incur costs to maintain the catch basins and storm drain laterals once the improvements have been accepted by the City. RECOMMENDATIONS I. It is recommended that the City Council authorize the Mayor to execute the cooperative Agreement for the design, construction and maintenance of the West Elsinore Master Drainage Plan Line "c" with Riverside County Flood Control and Water Conservation District and K. Hovnanian-Forecast Homes, Inc. A/i1E.ND~ ITEM NO.l. "'. PAGE..L OF ;)3 APPROVED BY: ;L. d'~~ . COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION u APPROVED FOR AGENDA LISTING: . '. -' ; u .0 u AGENDA ITEM NO. f PAOI;; 011 ~ n 1 2 3 4 5 6 7 8 9 10 11 .'! : 12 13 n' 14 15 16 17 18 19 20 21 22 23 24 25 .26 n 27 28 91452.2 . COOPERATIVE AGREEMENT West Elsinore MDP, Line C, Stage 3 (Tract No. 31917 in the City of Lake Elsinore) The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter called "DISTRICT", the CITY OF LAKE ELSINORE, hereinafter called "CITY", and K. HOVNANIAN FORECAST HOMES, INC, a California corporation, hereinafter called "DEVELOPER", hereby agree as follows: RECITALS A. DEVELOPER has submitted for approval Tentative Tract No. 31917 in the city of Lake Elsinore and as a condition for approval, DEVELOPER must constiuct certain storm drain facilities in order to provide flood protection and drainage for DEVELOPER'S planned development; and B. The required facilities include approximately 193 lineal feet of underground concrete pipe, hereinafter called "PROJECT", as shown in concept in red .on Exhibit "A", attached hereto and made a part hereof. The proposed PROJECT connects to the West Elsinore Master Drainage Plan (MDP) Line C, Stage 2 (Tract 30789, District Drawing No. 3-179), hereinafter called "STAGE 2" and shown represented in green on Exhibit "A"; and , .' C. DEVELOPER has commenced construction of STAGE 2 pursuant to a Cooperative Agreement, hereinafter called "AGREEMENT", executed December 16, 2003 by and between DISTRICT, CITY and DEVELOPER. DISTRICT has not yet accepted STAGE 2 for operation and maintenance in accordance with the provisions of AGREEMENT. D. Associated with the construction of PROJECT is the construction of various catch basins, connector pipes and storm drain laterals all located within CITY held easements or rights of way and hereinafter called "APPURTENANCES"; and - I - I Ofa AGENDA !:TEM NO. PAOli 3 91452.2 I E. DEVELOPER and CITY desire DISTRICT to accept ownership an? 2 responsibility for the operation and maintenance of PROJECT, therefore, DISTRICT must 3 4 5 6 7 8 9 10 II 12 13 14 review and approve DEVELOPER'S plans and specifications, and subsequently inspect the construction of PROJECT; and F. DEVELOPER and DISTRICT desire CITY to accept ownership and "". responsibility for operation and maintenance of APPURTENANCES, therefore, CITY must review and approve DEVELOPER'S plans and specifications, and subsequently inspect the construction of APPURTENANCES; and G. DISTRICT is willing to (i) review and approve plans and specifications prepared by DEVELOPER for PROJECT and APPURTENANCES, (ii) inspect the conStruction of PROJECT, and (iii) accept ownership and responsibility for the operation and maintenance of PROJECT, provided DEVELOPER (i) complies with this Agreement, (ii) pays DISTRICT the 15 16 17 18 19 20 amounts specified herein to cover DISTRICT'S costs for plan review, construction:inspection, and the preparation and administration of this Agreement, (iii) constructs PROJECT in accordance with plans and specifications approved by DISTRICT and CITY, (iv) accepts sole ~wnership and responsibility for - the operation and maintenance of PROJECT and APPURTENANCES after completion of PROJECT construction until such time as 'DISTRICT accepts ownership and responsibility for the operation and maintenance of STAGE 2 and 21 22 23 24 25 PROJECT and CITY accepts ownership and responsibility for the operation and maintenance of APPURTENANCES, and (v) obtains all rights of entry and regulatory permits as set forth , . herein; and H. Crry is willing to (i) review and approve plans and specifications prepared 26 27 28 by . DEVELOPER for PROJECT and APPURTENANCES, (ii) accept and hold faithful performance and payment bonds submitted by DEVELOPER for PROJECT, (iii) grant DISTRICT the right to inspect, operate and maintain PROJECT within CITY rights of way, and - 2 - AGEIWA nEM NO. 7 PAOl----#=Of ;r~ n I' I " " ii ,'1 I (\ n 17 18 19 20 21 22 23 24 91452.2 (iv) accept ownership and responsibility for the operation and maintenance of 2 3 4 5 6 7 8 APPURTENANCES provided PROJECT and APPURTENANCES are constructed In accordance with plans and specifications approved by DISTRICT and CITY; NOW, lHEREFORE, the parties hereto mutually agree as follows: SECTION I DEVELOPER shall: 1. Prepare plans and specifications for PROJECT and APPURTENANCES, 9 hereinafter called "IMPROVEMENT PLANS," in accordance' with DISTRICT and CITY 10 standards and submit IMPROVEMENT PLANS to DISTRICT and CITY for their review and II approval. 12 I3 14 2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic billings from DISTRICT, any and all such amountS as are deemed reasonably necessary by DISTRICT to cover DISTRICT'S costs associated with the review of IMPROVEMENT PLANS 15 16 and the processing and administration of this Agreement. . 3. Deposit with DISTRICT, at the time of providing written notice to DISTRICT of the start of PROJECT construction as set forth in Section 1.10., the estimated cost of providing construction inspection for PROJECT, in an amount as determined and approved by DISTRICT in accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments thereto, based upon the bonded value of PROJECT facilities to be inspected, operated and maintained by DISTRICT. 4. Grant DISTRICT and CITY, by execution of this Agreement, the right to 25 enter upon DEVELOPER'S property where necessary and convenient for the purpose of gaining 26 access to and performing inspection service for the construction of PROJECT and 27 28 APPURTENANCES, as set forth herein. - 3 - --, Of 0?3 ACENDA rrEM NO. PAoe 5 91452.2 I 2 3 4 5. Secure, at its sole cost and expense, all necessary licenses, agreements permits and rights of entry as may be needed for the construction, inspection, operation and mainte11a!1ce of PROJECT. DEVELOPER shall furnish DISTRICT, at the time of providing written notice to DISTRICT of the start of construction as set forth in Section 1.10., or not less 5 than twenty (20) days prior to recordation of the final map for Tract No. 31917 whichever occurs 6 7 first, with sufficient evidence of DEVELOPER having secured such necessary licenses, 8 9 10 II 12 13 14 15 16 17 18 19 20 agreements, permits and rights of entry, as determined and approved by DISTRICT and CITY. 6. Furnish DISTRICT and CITY with copies of all permits, approvals or agreements required by any Federal or State resource and/or' regulatory agency for the construction, operation and maintenance of PROJECT. Such documents include but are not limited. to those issued by the U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California State Department of Fish and Game, and State Water Resources , Control Board. 7. Provide CITY, at the time of providing written notice to DISTRICT of the start of construction as set forth in Section 1.10., or not less than twenty (20) days prior to recordation of the final map for Tract No. 31917, whichever occurs first, with faithful performance and payment bonds, each in the amount of 100%' of the estimated cost for 21 , construction of PROJECT as determined by DISTRICT. The surety, amount and form of the bonds shall be subjectto the approval of DISTRICT and CITY. The bonds shall remain in full force and effect until PROJECT is accepted by DISTRICT as complete; at which time the bond 22 23 24 25 26 27 amount may be reduced to 10% for.a period of one year to guarantee against any defective work, labor or materials. 8. THIS SECTION INTENTIONALLY LEFT BLANK. 9. THIS SECTION INTENTIONALLY LEFT BLANK. 28 -4- MENnA ITEM 00. 'AOi Y' 'I Of. ';?3 (\ I II II ,I I I 'I i , , , ;/ 'I " , (\ n 18 19 20 21 22 91452,2 I 10. Notify DlSlRlCT in writing (Attention - Mark H. Wills), at least twenty 2 (20) days prior to the start of construction of PROJECT. Construction shall not begin on 3 4 5 6 7 8 PROJECT, for any reason whatsoever,untilDlSlRlCT has issued to DEVELOPER a written - " Notice to Proceed authorizing DEVELOPER to initiate construction~ II. Furnish DISlRlCT, at the time of Jirovidingwritten notice to DISTRICT of the start of construction as set forth in Section i.1 0., with a complete list of all contractors and subcontractors to be performing work on PROJECT, including the corresponding license number 9 and,license classification of each.' 1\t suchthne, DEVELOPER shall further identify in writing 10 its designated superintendent for PROJECT construction. 11 12. Furnish DISTRICT, at the time of providing Wrltten notice to DISTRICT at 12 13 the start of construction as set forth in Section 1.1 0., a construction schedule which shall show 14 the order and dates in which DEVELOPER or DEVELOPER'S contractor proposes to carry on the various pints of work, including estimated start and completion dates. As the construction 15 16 progresses, DEVELOPER shall furnish DISlRlCT with updated construction schedules upon 17 request. 13. Comply with all: CalIOSHA 'safety regulations including regulations concerning confmed space and maintain a safe working environment for DEVELOPER and , DISTRICT employees on'the site. 14'. Furnish DISTRICT, at time of providing written notice to DISTRICT of the 23 ,start of' construction as set forth in Section 1.10., a confined space procedure specific to 24 PROJECT. The procedure shall comply with requirements contained in California Code of 25 Regulations, Title 8 Section 5158, Other Confined Space Operations, Section 5157, Permit 26 RequiredConfmed Space and DISTRICT Confined Space Procedures, SOM-18. The procedure 27 28 shall be reviewed and approved by DISlRlCT prior to the issuance of the Notice to Proceed. -5- ( OF a3 ACEl'IDA ITEM 00. PAoe ., 91452.2 15. Furnish DISTRICT with the final mylar IMPROVEMENT PLANS ancl assign their ownership to DISTRICT prior to the s,tart of PROJECT construction. 16. Not permit any change to or modification of IMPROVEMENT PLANS without the prior written permission and consent ofDISTR):CT. .~ 17. Construct, or cause to be constructed, PROJECT and APPURTENANCES .) ! . ,_ i at DEVELOPER'S sole, cost andexpe!lse In accordance with IMPROVEMENT PLANS approved by DISTRICT and CITY. 18. During the cons,tru<;tion peri()d of. PROJECT, maintain Workers' Compensation Insurance in an amount required by law. A certificate of said insurance policy '.' '. shall be provided to DISTRICT and CITY at the time of providing written notice to DISTRICT of the start of construction as set forth in Section 1.10. . . 19. At the time of providing written notict; to DISTRICT. of the start of construction as set forth in SectionI.10. and continuing until DISTRICT accepts PROJECT a complete for ownership, operation and maintenance: (a) Provide and maintain or cause its contractor(s) .to provide and ,maintain comprehensive liability insurance coverage 'which shall protect DEVELOPER from claim'from damages for persOnal injury, including accidental and wrongful death, as. well as from claims for property damage which may arise from DEVELOPER'S construction of pROJECT or the performance of its obligations hereunder, whether such construction or performance be by DEVELOPER, by any of its contr~ctors, subcontractors,. or. by anyone employed directly or indirectly by any of them. Such insurance shall name DISTRICT and . . CITY. as additional insureds with respect to this Agreement and th obligations of DEVELOPER hereunder. - 6- Such insurance shall ACEttDA ITEM NO. PAGE ~ '7 OF d3 (\ ". n 17 18 19 20 21 22 23 n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 914522 provide for limits of not less than two million dollars ($2,000,000) per occurrence. , (b) Cause its insurance carrier(s) or its contractor's insurance carrier(s), who shall be authorized by the California Department of I~surance to transact the business of insurance in the'State of California, to furnish pISTRICT and CITY at the time of providing Written notice to DISTRICT of the start of construction as set forth in Section LID., with certificate(s) of insurance 'and applicable policy endorsements showing that such insurance is in full force and effect and that D~STRICT and'CITY are named as additional insureds with respect to this Agreement and: the' obligations of DEVELOPER hereunder. Further, said certificate(s) shall state that the issuing company shall give DISTRICT and CITY siXty (60) days written notice in the event of any. cancellation, termination; non-renewal or reduction in coverage of the policies evidenced by the certificate(s). In the event of any such cancellation, termination, non-renewal or reduction in coverage, DEVELOPER shall; forthwith,' secure replacement insurance meeting the provision of this paragraph. Failure to maintain the insurance required by this paragraph shall be deemed a material breach of this Agreement and shall authorize and constitute authority for 24 DISTRICT, at its sole discretion, to proceed to perform the remaining work pursuant to Section 25 26 27 28 IV.3. herein. 20. THIS SECTION INTENTIONALLY LEFT BLANK. 21. THIS SECTION INTENTIONALLY LEFT BLANK. -7- I OF 08 AGENDA ITEM NO. PACE q II 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91452.2 ] 22. Within two weeks of completing PROJECT construction, providp 2 3 4 5 6 7 8 9 DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT construction is substantially complete and requesting that DISTRICT conduct a final inspection of PROJECT. .23. Accept sole ownership imd responsibility for the operation and maintenance . pf PROJECT and APPURTENANCES, until such time as DISTRICT accepts ownership and responsibility for operation and maintenance' of PROJECT and CITY accepts ownership and responsibility for the operation and maintenance of APPURTENANCES. Further, it is mutually 10 " understood by; the parties hereto that . prior to DISTRICT acceptance of ownership and responsibility for the operation and' maintenance of PROJECT as set forth herein, PROJECT shall be in a satisfactorily maintained condition as solely determined by DISTRICT. 24. .Upon completion of construction of PROJECT, but prior to DISTRICT c acceptance of PROJECT for ownership, . operation and maintenance, DEVELOPER'S civi engineer .ofrecord or construction civil engineer of record, du1y registered in the State of California, ,shall provide to DISTRICT a redlined "as-built" copy of the IMPROVEMENT . PLANS. After DISTRICT approval of "as-built" drawings, DEVELOPER'S engineer shall schedule with DISTRICT a time to transfer the redlined changes onto DISTRICT'S original IMPROVEMENT PLANS at DISTRICT'S office, after which the engineer shall review, stamp and sign the IMPROVEMENT PLANS "AS-BUILT". 25. .' Pay, if suit is brought upon this Agreement or any bond guaranteeing the completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees, and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as costs and included in any judgment rendered. -8- ,(6ENDA FrEM NO. ., PAOE 10 OF as n (\ n 91452.2 I 2 3 SECTION II DISTRICT shall: I. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER 4 prior to the start of PROJECT construction. 5 6 7 8 2. Provide CITY an opportunity to review and approve IMPROVEMENT PLANS prior to DISTRICT'S fmal approval. 3. Upon execution of this Agreement, record or cause to be recorded, a copy 9 of this Agreement in the Official Records of the Riverside County Recorder. 10 .4. TIllS SECTION INTENTIONALLY LEFT BLANK. II 5. Keep an accurate accounting of all DISTRICT cosis associated with the 12 13 14 15 16 17 18 review and approval of IMPROVEMENT PLANS and in processing and administration of this Agreement. 6. Keep an accurate accounting of a1l DISTRICT construction inspection costs, and within sixty (60) days after DISTRICT acceptance of PROJECT as being complete, submit a final cost statement to DEVELOPER. If the deposit; as set forth in Section 1.3., exceeds such costs, DISTRICT shall reimburse DEVELOPER the excess amount within sixty (60) days 19 after DISTRICT acceptance of PROJECT as being complete. If at any time the costs exceed the 20 21 22 23 24 deposit or are anticipated by DISTRICT to exceed the deposit, DEVELOPER shall pay such additional amount, as deemed reasonably necessary by DISTRICT to complete PROJECT, within thirty (30) days after receipt of billing from DISTRICT. 7. Accept ownership and responsibility for the operation and maintenance of 25 PROJECT, upon (i) DISTRICT acceptance of PROJECT construction as being complete, (ii) 26 27 28 acceptance by CITY of all necessary rights of way as deemed necessary by DISTRICT and CITY for the operation and maintenance of PROJECT and APPURTENANCES and (iii) -9- ACENDA ITEM NO. ' PAOi II OF (l. ~ 10 II 12 13 14 15 16 17 18 19 20 21 22 23 91452.2 I DISTRICT acceptance of STAGE 2 for ownership operation and maintenance in accordancp 2 with the provisions of AGREEMENT. 3 4 5 6 7 8 8. Provide CITY with a reproducible duplicate copy of "as-built" IMPROVEMENT PLANS upon DISTRICT acceptance of PROJECT as being complete. SECTION III CITY shall: 1. Review and approve IMPROVEMENT PLANS prepared by DEVELOPER 9 prior to the start of PROJECT construction. 2. Accept the CITY and DISTRICT approved faithful performance and payment bonds submitted by DEVELOPER as set forth in 1.7., and hold said bonds as provided herein. 3. By execution of this Agreement, grant DISTRICT, the right to construct, insp~ct, operate and maintain PROJECT within CITY rights of way. 4. Upon DISTRICT-acceptance of PROJECT as being complete, accept ownership and responsibility for the operation and maintenance of APPURTENANCES.. SECTION IV It is further mutually agreed: 1 All work involved with PROJECT shall be inspected by DISTRICT and shall not be deemed complete until approved and accepted in writing as complete by DISTRICT. 2 CITY and DEVELOPER personnel may observe and inspect all work being 24 done on PROJECT, but shall provide any comments to DISTRICT personnel who shall be solely 25 responsible for all quality control communications with the contractor during the construction of 26 PROJECT. 27 28 3. DISTRICT and CITY each pledge to cooperate in regard to the operation and maintenance of their respective facilities as set forth herein and to discharge their respective - 10- AGENDA ITEM NO. ., .PAOi IOL Of ~5 n " 1 , I .1 I In . " n 21 22 23 24 25 26 27 28 91452.2 I. - mainten~ceresponsibilities in an expeditious fashion so aito avoid the creation of any nuisance 2 conditi~n_or .undue maintenance impact upon the other's facilities. 3 4 5 6 7 4. -' DEVELOPER shall complete construction of PROJECT within twelve (12) consecutive months after execution of this-Agreement and within forty-five (45) consecutive calendar days after commencing work on PROJECT~ - It is expressly understood that since time is I of the essence in this Agreement, failure of DEVELOPER to perform the work within the agreed 8 " upon time shall constitute authority for DISTRICT to perform the n:inaining work and require 9 DEVELOPER'S surety to pay to CITY-the penal sum of any and all bonds. In which case, CITY 10 shall subsequently reimburse DISTRICT for DISTRICT costs incurred. II 5. DISTRICT shall endeavor to issue DEVELOPER a Notice to Proceed 12 within twenty (20) days of receipt of DEVELOPER'S complete written notice as set forth in Section 1.10.; however, DISTRICT'S construction inspection staff is limited and, therefore, the 13 14 15 issuance. of a Notice to Proceed is subject to staff availability. 16' In the event DEVELOPER wishes' to expedite issuance of a Notice to 17 Proceed, DEVELOPER may elect to furnish an independent qualified construction inspector at 18 DEVELOPER'S sole cost and expense. .DEVELOPER shall furnish appropriate documentation 19. of the individual's credentials and experience to DISTRICT for review and, if appropriate, 20 . approval. ;. DlSTRICT shall ,review the individual's qualifications' and experience and, upon approval ,thereof, said. individual; hereinafter called "DEPUTY INSPECTOW~, shall be authorized to act on DISTRICT'S' behalf on all PROJECT construction and - quality control matters. _ If DEVELOPER'S initial' construction inspection deposit furnished pursuant to 1.3., exceeds five thousand dollars ($5,000.00), DISTRICT shall refund to DEVELOPER up to eighty percent (80%) of DEVELOPER'S initial inspection deposit within forty-five (45) days of DISTRICT'S approval of DEPUTY INSPECTOR; however, a Illimmum balance' of five : thousand dollw:s ($5,000.00) shall be retaineil on account. - 11 - .., H'EtWAI1iM NO. _....., 13 Of 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 91452.2 6. PROJECT construction work shall be on ii five (5) day, forty (40) hour work week with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless .otherwise approved in writing by DISTRICT. If DEVELOPER feels it is necessary to work more than the normal forty (40) hour,.work week.or on holidays, DEVELO~ER shall make a I written request for permission from DISTRICT to work the additional hours. . The request shall : . be submitted to DISTRICT at least 72 hours prior to the requested additionat work hours and state the reasonsfor the overtimeand.the specific time frames required. The decision of granting peID,lission for overtime work shall be made by DISTRICT at its sole discretion and shall be final. Ifpermission is granted by DISTRICT, DEVELOPER will be charged the cost incurred at . the overtime rates for additional inspection time required' in connection with the overtime work ,,' . in accordance with Ordinance Nos.67t and 749, including any amendments thereto, of the , ..' County of Riverside. , " -', 7. DEVELOPER shall not request DISTRICT or CITY to accept any portion c;>fPROJECT or APPlJRTENANCESfor operation and maintenance until PROJECT is complete in accord!lI1cewith Section 11.7. " ". . 'S. ,In the event that any claim or legal action is brought against DISTRICT or . . "I CITY in connection with this Agreement because of the actual or alleged aCts or omissions by DEVELOPER, including but not limited to design, construction or failure of 'PROJECT, DEVELOPER shall defend,. indemuify and hold DISTRICT and' CITY harmless' therefrom, without cost to DISTRICT or CITY. Upon DEVELOPER'S failure to do' so, DISTRICT and CITY shall be entitled to recover from DEVELOPERiill of their costandexpenses~ including, but not limited to, reasonable attorneys' fees. 9; DEVELOPER shall defend, indemuify and hold DISTRICT ~d CITY, their respective officers, agents, employees and independent contractors free and' harmless from any claim or legal action whatsoever, based or asserted, pursuarit to Article I, Section 19 of the - 12 - AOENDA !-TEM NO. ., pa 14 . Of 3 n n 13 14 15 16 17 18 19 20 21 22 23 24 25 91452.2 1 2 3 4 5 6 7 8 9 10 11 California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage caused by from the diversion of the waters from the natural drainage patterns, save and except claims and litigation arising through the negligence or willful misconduct of DISTRICT or CITY, which claims shall be shared by the parties on a pro rata basis based on their respective responsibilities. DEVELOPER shall defend DISTRICT and CITY without cost to DISTRICT or CITY, and upon DEVELOPER'S failure to do so, DISTRICT and CITY shall be entitled to recover from DEVELOPER all of their costs and expenditures, including, but not limited to, reasonable attorneys' fees.. ". 10. "DEVELOPER for itself,' its successors and assigns, hereby releases 12 DISTRICT and CITY, their respective officers, agents, and employees from any and all claims, demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future, including, but not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States . Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, for damage caused by the discharge of drainage within or from PROJECT. Nothing contained herein shall constitute a release by DEVELOPER of DISTRICT or CITY, their officers, agents and employees from any and all claims, demands, actions or suits of any kind arising out of any liability, known or unknown, present or future, for the negligent maintenance of PROJECT and APPURTENANCES, after the acceptance of PROJECT and APPURTENANCES by DISTRICT and CITY. 12. Any waiver by DISTRICT or by CITY of any breach of anyone or more of n 27 26 the terms of this Agreement shall not be construed to be a waiver of any subsequent or other 28 breach of the same or of any other term h~reof. Fail~e on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this Agreement shall not be - 13 - 1!GENDA nB1 NO. ., PACE I ~ Of .,;? 5 91452.2 I construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from 2 enforcement hereof. 3 4 5 6 7 8 9 13. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 14. . This Agreement is to be construed in accordance with the laws of the State of California. 15. Any and all notices sent or required to be sent to the parties of this 10 Agreement will be mailed by first class mail, postage prepaid, to the foilowing addresses: II RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 12 1995 Market Street Riverside, CA 9250 I CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Attn: City Engineer 13 14 15 16 17 18 19 20 K. Hovnanian Forecast Homes, Inc. 40925 County Center Drive, Suite 110 Temecula, CA 92591 Attn: Steve Ford 16. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other 21 22 23 county. 17. This Agreement is the result of negotiations between the parties hereto, and 24 the advice and assistance of their respective counsel. The fact that this Agreement was prepared 25. 26 as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT 27 28 prepared this Agreement in its final form. - 14- .. I Ali&NDA R94 NO. PA~ \tJ, Of,;;(3 n (\ n 27 28 91452.2 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 18.. The rights and obligations' of DEVELOPER shall inure to and be binding upon all heirs, successors and assignees. 19. DEVELOPER shall not assign or otherwise transfer any of its rights, duties or obligations hereunder to any person or entity without the' written consent of the other parties hereto being first obtained. In the event of any such transfer or assignment, DEVELOPER expressly understands and agrees that it shall remain liable wlth respect to any and all of the obligations and duties contained in this Agreement. ,'., 1. r~ 20. The individual(s) executing this Agreement on behalf of DEVELOPER hereby certify that they have the authority within their respective company(ies) to enter into and , , , execute this Agreement, and have been authorized to do so by any and all boards of directors, . - . . legal counsel, and or any other board, committee or other entity within their respective company(ies) which have the authority to authorize or deny entering this Agreement.: 21. This Agreement is intended by the parties hereto as a fmal expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the parties hereto. II II 24 25 26 - 15 - I AGENDA .TEM NO. PAGi. Il OF I , 2 3 4 5 6 7 8 9 1.0 II 12 0' l3 14 21 22 23 24 25 26 27 28 91452.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on (to be filIed in by the Clerk to the Board) RECOMMENDED FOR APPROVAL By 'WARREN D. WILLIAMS General Manager-Chief Engineer '0 APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County COtu;lSel 0 , By '--'cu.- A.0lM)~ LEE A. VINOCOUR Deputy County Counsel ",- " Dated l~l \~\ D4 15 16 17 18 APPROVED AS TO FORM: B~tJ'\;\I_- \'\)..t. cA - 0 BARBARA LEIBOLD' 0 City Attorney , 19 0 Dated-l-. 'J.i- OS- 20 Cooperative Agreement: Tract No. 31917 KEC:MHW:blj 12/14/2003 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By , , Chairman Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: NANCY A. ROMERO Clerk to the Board By Deputy (SEAL) CITY OF LAKE ELSINORE Bv ROBERT A. MAGEE, MAYOR City of Lake Elsinore 0 ATTEST: .' By VICKI KASAD City Clerk (SEAL) - 16- AGENDA ~TEM NO. I PACE \ <g_: ..OF 91452.2 I K. HOVNANIAN FORECAST HOMES, INe. n a California corporation 2 3 4 5 6 7 8 Cooperative Agreement: Tract No. 31917 9 10 II 12 13 n 14 , 15 16 17 18 19 20 . ; 21 22 23 24 25 26 n 27 28 -17 - AOENDAlTEM NO. '1 PACE let OF B \ 0)j~ l~___/--. ,. -....,............- ..........., m. VICINITY MAP NTS 125 R7W see. 25 Exhibit A , . u SANDPIPER DRIVE -~ ::;0<". F PI ~ " o l'l ~ .... ~ T l 1 I: '1 . NO SCALE Cooperative Agreement, Tract No. 31917 West Elsinore MOP Line C, Stage 3 Project No. 3-0-0220-3 lof2 ACENDA ITEM NO. I PACE fJ...().' OF tS?3 Exhibit A. n <!J NO SCALE ~ l ..... -.-=,,~::<-._' . _.:::--\ C'r-' -;.r- I ..J;,.r" -- .~ j Cooperative Agreement, Tract No. 31917 West Elsinore MDP Line C, Stage 3 Project No. 3-0-0220-3 20f2 ACENDA ITEM NO. PACE a. ( 7 Of ;(3 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT u State of California } ss. County of San B'ilrnardino O~ tJf/c;JtJJrbefore me, 0"" Amy R. Williams, NotFlry Name and Tille of Officer (e.g., "Jane Doe, No\aIy Public") personally appeared ,T ;::nnl=~.c; R R~y Name(s)of Signer(s) Xl personally known to me o proved to me on the basis of satisfactory evidence ,c,g.; . />MY R. WILLIAMS ....../.......i'.~.. Comm 1..lon#1411026 ~-:"....,I,:., NotaryPubltc-Colltomla i - -",<,.~..,,,~ -, San Betnardlno eournv - .~ My Comm. Expires Apr 13, 2007 to be the personOO whose nameOO islOO( subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capacity(lllC), and that by hislWll1!KOO{ signatureOO on the instrument the personOO, or the entity upon behalf of which the person(jV acted, executed the instrumen!. u OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ,4J~u ffillt / . Document Date: - ~lfI/ .fI(~;L. 7':31117 Number of Pages: - / '/ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . Top of thumb here o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: e 1999 Naliooal Notary Association. 9350 De SOlo Ave., P.O. Box 2402' CtlalSWOrltl, CA 91313-2402. www.nalionalnolary_org Prod. No. 5907 Aeordoc Call Toll-Free 1-1lOO-876-6827 u AGEND.\ RIM NO. '7 'AOi &~ OF d;J CITY OF LAKE ELSINORE 130 S. Main St. LAKE ELSINORE, CA 92530 [1,rnwrn~ @I}? 'ITw&[J(!]@~OW&[1, DATE JOB NO. (\ (909) 674-3124 TO Van Blarcom, Leibold, McClendon'& Mann 23422 Mill Creek Drive, Suite 105 Laguna Hills, CA 92653 WE ARE SENDING YOU > I)IJ Attached o Under separate cover via o Shop drawings o Copy of letter o Prints o Change order o Plans o Samples the following items: o Specifications o COPIES DATE NO. DESCRIPTION 1 THESE ARE TRANSMITTED as checked below: > xx For approval o For your use o As requested o Approved as submitted o Approved as noted o Resubmit copies for approval copies for distribution corrected prints o Submit o Returned for corrections o Return o For review and comment o o FOR BIDS DUE o PRINTS RETURNED AFTER LOAN TO US REMARKS Da"id. Please re"iel~ and provitip ynllr rnmmpnt<, ,,< <nnn ,,< pn<<ihlp ~-eV\ - A ~fl\,...Q-'^'t- \(\ lL D~ U -\- '-I Co u '\. 0 .H'll"( "...; \ ~ j ~6~~~~ \ \-\- to u\.;;~ 1r~~ -b ~. ~ ('J NrlENOA RIM NO. PACE ~ '3 01' I Pl3 COPY TO SIGNED: Kpn A Spurn"l", City Fnginf'er If enclosures are not 8S noted, kindly notify us at once. u .. .. u u (\ (\ CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Robert A. Brady, City Manager DATE: February 8, 2005 SUBJECT: APPROVAL OF FINAL MAP 28214-1, a Residential Subdivision by Castle & Cooke AlberhiII Ranch, LLC located north of Mountain Street east of Lake Street, in the AlberhiII Specific Plan Area BACKGROUND Tentative Tract Map 28214 was approved at the regular City Council meeting on January 13, 2004. Final Map 28214-1 represents a consistent division of the original tentative tract which consists of 21.66 gross acres that are divided into 52 residential lots. FINDINGS Staff has reviewed the final map and it conforms substantially to the tentative tract map and all Conditions of Approval required at the final map stage have been completed. FISCAL IMPACT None. RECOMMENDATION I. Approve the final map, subject to the City Engineer's acceptance as being true and correct. 2. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation. APPROVED BY: JL-d ~._-?- COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION APPROVED FOR AGENDA LISTING: CI n Attachment: Final Map AGENDA ITEM NO. <6 PAGELOF~ ,t} ,'C ", ',- ~ <'. " " " "l u " u " u (1 (1 n CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Robert A. Brady, City Manager DATE: February 8, 2005 SUBJECT: APPROVAL OF FINAL MAP 30493-3, a Residential Subdivision by Pardee Homes located north of Canyon Hills Road BACKGROUND Tentative Tract Map 30493 was approved at the regular City Council meeting on May 11, 2004. Final Map 30493-3 represents a consistent division of the original tentative tract which consists of 10.326 gross acres that are divided into 44 residential lots. FINDINGS Staff has reviewed the final map and it conforms substantially to the tentative tract map and all Conditions of Approval required at the final map stage have been completed. FISCAL IMPACT None. RECOMMENDATION 1. Approve the final map, subject to the City Engineer's acceptance as being true and correct. 2. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation. APPROVED BY: /L-d. L ...~ COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION APPROVED FOR I ~'--/l/~ AGENDA LISTING: ~ (A / cmf MAN GER'S OFFIC / Attachment: Final Map AQENOA ITEM NO. q PAGE-L;-r- u r. u u (\ n CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Robert A. Brady, City Manager DATE: February 8, 2005 SUBJECT: APPROVAL OF FINAL MAP 31106, a Residential Subdivision by Pardee Homes located north of Canyon Hills Road between Lost Road and Cottonwood Canyon Road. BACKGROUND Tentative Tract Map 31106 was approved at the regular City Council meeting on October 12, 2004. Final Map 31106 represents a consistent division of the original tentative tract which consists of 6.28 gross acres that are divided into 35 residential lots and I open space lot. FINDINGS Staff has reviewed the final map and it conforms substantially to the tentative tract map and all Conditions of Approval required at the final map stage have been completed. FISCAL IMPACT None. RECOMMENDATION I. Approve the final map, subject to the City Engineer's acceptance as being true and correct. 2. Authorize the City Clerk to accept all dedications, sign the map and arrange for the recordation. . APPROVED BY: Jl-tf1,./~ COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION APPROVED FOR AGENDA LISTING: CIT (\ Attachment: Final Map AQENDA ITEM NO.~ PAGE~OF--1- u ; , u u CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL n TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: ROBERT BRADY, CITY MANAGER DATE: FEBRUARY 8, 2005 . SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF 3RD STREET EAST OF COLLIER AVENUE BACKGROUND Third Street east of Collier Avenue is an unimproved road that terminates at the west edge of Caltrans right-of-way for Interstate 15. The street is currently unimproved and serves as access to the adjacent parcels to the north and south. The proposed vacation is slated for the rear two-thirds of the street near Interstate 15 and access to the adjacent lots is preserved through the front third adjacent to Collier Avenue. n The land is a desirable location for certain water facilities which are necessitated by the increased growth rate within the City. As a first step toward locating that facility, the street will need to be vacated. ANALYSIS The Resolution of Intention is a declaration that the City of Lake Elsinore intends to vacate a portion of 3'd Street as a public street pursuant to Section 8300 et seq., of the Streets and Highways Code. The resolution sets the public hearing date for Tuesday, March 8, 2005 at 7:00 p.m. in the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California. At this hearing, comments from all persons interested in or objecting to the proposed vacation may be heard. If the Resolution of Intention is adopted, the following notices will be given: 1. Copies of the resolution will be published in the local paper for two consecutive weeks; and 2. Notice of the vacation and hearing date will be posted on the section of street to be vacated at least two weeks before the hearing date. FISCAL IMPACT None. n AGENOA ITEM NO. PA,*=J- OF VJ \ \ <i RECOMMENDATION Staff recommends that the City Council adopt the attached Re~ollltion of Intention. u APPROVED BY: %.- d" ~.a-k- COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION APPROVED FOR AGENDA LISTING: CIT Attachment: Resolution ofIntention , ~ " " I u i; .,J:,. '. >, '. ,. t:!' ., '. ( ; J t. u 2 AGENDA ITEM NO..-U- <0 ...,( PAGE..a....... OF . . n n n ~.~ ~ ~ i , i ~ t , EXHIBIT "B" ! '\ '\ '\ , f i . ~ ~ I. f. o 30 60 ~ SCAlE: 1. =60' 120 I . ~1Y ",}J ff ~_\. . .p~~' 4' (,a . 4,.(f $)' . ,'$ ~ '" ~. .....~ (). ~"~. ^ · <d-~ / .~ "'- 4f:'(;. .. / <ot$!b~ ?~ . . \;.,,,<tf (,~~ ~ ~." &~ . / -Ql~. ~ ", ~~..>..a '<, ~~. ~5f1'~"f>'v / / ~~. '~~<:,'"\.{,Y / ~(..,'<- ~' ",r:;,<(- "~. '/ / Q,O~~ ~. , >X /' , , , C:9:-~ v , ~" '",-. ..~ "" "'- . *'~. "" ~ . W.O. 0919-90X OF 1 r--- I j .;; i ~ , ::: ~ ,; , ., 1 ~ ~ o l ~ , ;, z ~ I .. . " , , ;., , 1 . ~ , : , { EXHIBIT "AU Description Third Street Abandonment (EVMWD 160tWater Pump Sta6on) A portion of Third Street, 60.00 feet wide, of The North Bsinore Tract, in the City of Lake Elsinore, County of Riverside, as shown by map on file In Book 5, Page 105, reCords of San Diego County, described as follows: Commenclng atlhe most southerly \XlITl8l' of Lot 13, of map entiUed "Wail's Arst Addition To Bsinore", as shown on map filed In Book 13, Page 620, records of San Diego County, said point being on the northwesterly line of Third Street, former known as Bell StreeI and the northeasterly line of Collier Avenue; thence N43"42'40"E 161.00 feet along the northwesterly line of said Third StreeI to the Point of Beginning; thence N43"42'40"E 322.85 feet along the northwesterly line of said Third Street to the southwesterly Right ofWey of Interstate 15, as described in Deed to state of California, recorded January 17,1956, Official Record of Riverside County; thence S36"39'08"E 60.88 feet along said Slate of California land to the southeasterly line of said Third Street; thence S43"42'40"W 312.66 feet along the southeasterly line of said Third Street; thence N46"17'20"W 60.00 feet to lhe northwesterly line of seld Third Street and the Point of Beginning. . .HUNSAKER&ASSOCIATES IRVINE. .1:He. PLANNING . ENGINEERING . SURVEYING _~""''''''''!,''''''CA'''N:~f'lt~ Pre" pared under the~~sJon of: ~~1~ I'Oonald ~ Camp ,~ 9 . expires: September 30, 2004 7-8-()I. Date . , v .' .i~\iil;,ND...;,._ n'0J1~. J',~C",......" . '. Page10f1 II H~.IEVMWll\0407OS3rilSl_"'-EVMWD'601PScln:.doc " 'I\GI!:~CW u u u U,"- '0 ('. ('. ('. RESOLUTION NO. 200S-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF 3RD STREET EAST OF COLLIER AVENUE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE does hereby resolve as follows: SECTION 1. The City Council of the City of Lake Elsinore does hereby declare its intention to vacate a portion of the right of way on 3rd Street east of Collier Avenue and west of Interstate 15, more particularly described in Exhibit A attached hereto. SECTION 2. Tuesday, March 8, 2005 at 7:00 p.m. in the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, is hereby fixed as the time and place for hearing all persons interested in or objecting to the proposed vacation. SECTION 3. These proceedings shall be conducted pursuant to the provisions of Section 8300 et seq., of the Streets and Highways Code. SECTION 4. The City Engineer is hereby directed to cause notices of said vacation to be conspicuously posted along said street for at least two weeks before the date of said hearing. Said notices shall be posted not more than three hundred (300) feet apart, but in no event shall fewer than three (3) notices be posted. SECTION S. The City Clerk is hereby directed to cause this Resolution to be published in a newspaper of general circulation in Lake Elsinore for at least two successive weeks prior to said hearing. PASSED,APPROVED AND ADOPTED this _ day of ,2005. Ayes: Noes: Abstain: Absent: RobertE. Magee, Mayor Attachment I \ \ AGENDA tTEM NO. PA(".,E 5 . OF 0 u ATTEST: Vicki Kasad, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney u u 2 AGENDA lTEM NQ__lJ PAGEJL.. O'F._~ ,-- n n n CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL & REDEVELOPMENT AGENCY TO: HONORABLE MAYOR, MEMBERS OF THE CITY COUNCIL, & REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY, CITY MANAGER CITY COUNCIL MEETING OF FEBRUARY 8, 2005 DATE: SUBJECT: . TENTATIVE TRACT MAP NO. 33i91. APPLICANT Evan Mai Ad.obe Flats Land C.o~pany, LLC., 8895 Hunt Cany.on R.oad C.or.ona, CA 92883 REOUEST . ~ ; ". . 0 , The subdivisi.on .of .97 -a~res.of vacant land Jnt.o 5 residentiall.ots pursuant t.o the requirements .of SectiDn 16 "Subdivisi.ons", the Lake Elsin.ore Municipal C.ode (LEMC) and SectiDn(s) 66424 and 66427, of the California SubclivisiDnMap Act (CSMA), and the R-l Single-Family Residential Devel.opment Standards. BACKGROUND 'I , ( { t ,. '0 ~ ! - '.',' ..;\t its regular meeting .of January 18,2005, the Planning C.ommissi.on ad.opted Res.oluti.on N.o. 2005- 05 rec.ommending approval .of Tentative Traci Map N.o. 33191 t.o the City C.ouncil (Plimning C.ommissi.on StaffRep.ort, Res.oluti.on, C.onditiDns .of Approval and Minutes are encl.osed). . . PROJECT DESCRIPTION The pr.oPDsed tract map will subdivide the af.orementiDned .97 -acres .of residentially zDned land intD five separate.parcels. LDt N.o's.I;2, 3, and 4 will be .169 acres (7,380 square feet), and L.ot ND. 5 will be .192 acres (8,388 square feet). The subject site isl.ocated at the.n.orthwest CDmer .of RDberts.on Street and Shrier Drive, nDrth and east .of the intersectiDn .of LakeshDre Drive and Riverside Drive (APN 378-271-032), within Redevel.opment Pr.oject Area N.o. 3 (Parcel No.4). . , DISCUSSION Items' .of discussi.on at the Planning CDmmissi.on meeting 'dealt with issues regarding street dedicatiDn, access and water and utility services. The discussi.on was f.or clarificati.on purp.oses .only. ~1ia1ffl).~ IWI!-L-Of N-~ ~- REPORT TO THE CITY COUNCIL FEBRUARY 8, 2005 PAGE 2 u SUBJECT: TENTATIVE TRACT MAP NO. 33191 The Commission also expressed satisfaction with the large lot sizes proposed with the subdivision. ANALYSIS The proposed subdivision meets and exceeds the development standards. of the Lake Elsinore Municipal Code. Staff is supportive ofthe subdivision because it is consistent and compatible with surrounding land uses. ENVIRONMENTAL Pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15332. This section exempts "InfilI" projects of 5 acres or less: No further environmental clearance is necessary. ' . RECOMMENDATION It is recommended that the City Council approve TentativeTract Map No. 33191 based on the U folIowing Findings, Exhibits "A", "B", "c" and "D", and subject to 'the attached Conditions of Approval. It is also recommended that the Redevelopment Agency c()nc~ with the City Council. action. FINDINGS I. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Ml!nicij:lal Code relating to . Subdivisions; and the State Subdivision Map Act. . , ., " , The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan. Zoning Code, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs ofthe region, the public service requirements of its residents, and the available fisc~1 and environmental resources have been considered and balanced. u MaDAnB300.~ PAC! ,.:> Of do.-:S (""\ REPORT TO THE CITY COUNCIL. FEBRUARY 8, 2005 PAGE 3 (""\ (' SUBJECT: TENTATIVE TRACT MAP NO. 33191 The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities.. will pay all appropriate fees, and will not result in any adverse environmental impact. . 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Goverrunent Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. PREPARED BY: Kirt A. Coury, 'AssoCiate Planner ~ ~I\-U'~"l: ~A~....~. V,'{(;..i Armando G. Villa? Planrung & Code Enforcement Manager . REVIEWED BY: ATTACHMENTS Exhibit "A" 7 Location Map Exhibit "B" - Tentative Tract Map No. 33191' Exhibit "c" - Planning Commission Staff Report, Resolutions, Exhibits, and Conditions of Approval dated January 18, 2005. Exhibit "D" - Full Size Exhibits I.,. "w-- rrauo. .MOI! 3 2.\ Of d_~ U GENERAL 1. The applicant shall defend (with counsel acceptable to the Cty), indemnify, and hold hannless the Gry, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the Gry, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the Cry, its advisory agencies, appeal boards, or legislative bodyconceming implementation and construction of Tentative Tract Map No. 33191, 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 Gty will promptly notify the applicant of any such claim, action, or proceeding against the Gryand will cooperate fu1lywith the defense. TENTATIVE TRACT MAP NO. 33191 2. Tentative Tract Map No. 33191 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the Counry Recorder, or an extension of time is granted by the Gry of Lake Elsinore Cry Council in accordance with the Subdivision Map Act and the LEMC 3. 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 Approv~. 4. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements ~pecified herein - and approved by the Plamiing CommiSsion and the - Cry Council shall be installed, or agreements for said improvements, shall be submitted to the Gry for approval by the Cry Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. U 5. All lots shall comply with minimum standards contained in the LEMC 6. A precise s~rvey with closure~ for boundaries and all lots shall be provided per the LEMC 7. The applicant shall comply with all conditions of the Riverside CO~ry Fire Department. 8. The applicant shall meet all requirements of Elsinore Water District (EWD). 9. All future structural development associated with this map shall require separate Design Review approval. 10. Prior to issuance of any grading permit and! or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Communiry Development Department. 11. The applicant shall comply with the following Cry programs: the Cry Source Reduction and U. Recycling Element and Household Hazardous Waste Element, the Counry Solid Waste Management Plan and Integrated Waste Management Plan. ~ I1iIlI NO. :1 \ ~OJ ;:.}. <., CONDITIONS OF APPROVAL ~.2~5 . n TENTATIVE TRACfMAPNO.33191 12. Prior to issuance of building pennit, the applicant shall submit a letter of verification' (will-serve letter) to the aty Engineer, for all required. utility services.' " '13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building pennits. 14. The Multiple Species Habitat Q>nservationFee (MSHCJ>) will be due, upon issuance of each building pennirs. . 15. The applicant shall p~y all applicable fees ~cluding park fees. 16. The applicant shall meet all requirements of the providing electric utility company. . 17. The app~cant shall meet all requirements of the providing gas utility company. 18. The applicant shall meet all requirements of the providing telephone utility company. . 19. A bond is required guaranteeing the removal of all trailers used during construction. n 20. Allsignage shall be subject to Planning Division review and approval prior to installation. 21. The aty's Noise Ordinance shall be met during all site preparation activity. Construction shall not commerice before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING '22. All open space slopes'shall drain to the public right-of-way. Drainage through private property shall be contained within a drainage easement. The easement shall be shown on the [mal map. 23. All signage and landscaping shall be placed so as not to interfere with driver's site distance or any traffic control device. . 24. Dedicate full half width right-of-way for the project frontage of Robertson Street. Dedication shall measure 30-feet from the centerline of Robertson Street to the project property line. 25. Dedicate full half width right-of-way for the project frontage of Shrier Drive. Dedication shall measure 30- feet from the centerline of Shrier Drive to the project property line. 26. Construct full half width street improvements for both Robertson Street and Shrier Drive. Street improvements shall include roadway, curb, gutter and sidewalk. Street improvements shall also include transitions from the proposed improvements to the existing paving. . n 27. Construct street improvement transitions such that the existing drainage on both streets is conveyed.in a manner so as not to damage downstream property owners. ,~ ama~--2:L-- PAtlI C, Of d ') CONDITIONS OF APPROVAL Page 3 of 5 TENTATIVE TRACT MAP NO. 33191 u 28. All street. improvements, including traffic control devices (stop signs, stop ahead, etc.),' shall be installed and functioning prior to cenificate of occupancy. 29..Two points.of access shall be open and maintained m .compliance with Fire Depanment reqwrements. 30. Pay all CapitaUmproverrient and pJan.C1J.eck fees (LEMC 16.34, Resolution 85-26), applicable mitigation fees, applicable area drainage fee, applicable traffic impact fee (IlF), encroachment permit fees and inspection fees associated with the project and its development. 31. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34)~ ' 32. Street improvement plans and specifications shall. be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Depanment Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 33. 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. 34. All compaction repons, grade cenifications, monument cenifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. u 35. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 36. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacentpropenyowners prier to occupancy.. 37. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the propeny owner or his agent. . 38. Provide fire protection facilities as required in writing by the Riverside County Fire Depanment. . ., 39. Provide street lighting and show lighting improvements as pan of street improvement plans as required by the City Engineer. 40. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. . 41. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. u ~1lB8 NO. 2. , PN;!-ItL..~ ;:}~ CONDITIONS OF APPROVAL 1""'"'\ Page 4 of 5 \ I TENTATIVE TRACfMAPNO.33191 42. All improvement plans and tract maps shall be digitized. At Certificate of OCcupancy applicant shall submit tapesand/ or disks which are compatible with Cry's ARC Info/GIS or developer to pay $300 per sheet for Cty digitizing. 43. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving tiIi. , u ty. 44. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Ovil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the Cty Engineer. If the grading is less' thari 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. '45. Provide soilS, geology and seismic report including street design recommendations. Provide final , soils report showing compliance with recommendations. . (\ 46. An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults and/ or liquefaction zones present. Study shall be approved and results implemented on grading - and !mprovement p!ansprior to issuance ~f building permit. 47. Allgradmg shall be performed under the supervision of a' geoteclmical 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. ' 48. Individual lot drainage shall be conveyedro a public facility or accepted by adjacent property owners by a letter of drainage acceptance -or conveyed to a drainage easement. ' 52. Meet all requirements of LEMC 15.68 regarding flood plain management. n 53. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. M'FI>" rma NO.--2-L- IWle I Of ~"?, CONDITIONS OF APPROVAL Page 5 of 5 TENTATIVE TRACfMAPNO. 33191 u 54. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approyed by the Cty Engineer; 55. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 56. A drainage acceptance letter will be necessary from the downstream prope~ owners for out-letting the proposed stormwater run-off on private property. 57. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 58. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the ~evelopment and including maintenance responsibilities. 59. 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 U stormwater quality and meet the goals of the BMP in Supplement <<An in the Riverside County NPDES Drainage Area Management Plan. 60. Applicant shall provide first flush BMP's ~ing the best available technology that will reduce stormwater pollutants from parking areas and driveways. 61. Intersection site distance shall meet ,the design criteria of the CAL lRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement,must be recorded to limit the slope, type of landscaping and wall placement. 62. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft wide ingress and egress easement to public right-of-way by separate instrument or through map recordation. .: . 63. In accordance with the Ory's Franchise Agreement for waste disposal and 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. u ~ITEM NO. MC!8" :1-\ Ol"~ (\ . . VICINITY MAP TTM 33191 (APN 378-271-032) EXHIBit. " _tall[.anBINO. ?. \ IW;I Of_Of ~ -------., I I I I , I I I I I I I .. ~ I I I I ., I I II I I Is I I I I " I I " I I I I I I I I I I I I I I I I I I I I I I I I % I I I I I' I I I I I I I I I I I I I "'" I I en . I . I "'" I I M I, I M ~i s - I. I I, I o ~II I I '" I' I Z Plil I I -l I I w 1 I A. . I &! I i ~~ii I I (\.)<( I' . I I ,<r "- I, I '<t I I 't I I ~ ~~!I I I I '" I. I r-. I I - I I t-11,e ell I I ::E I I ~~ .~ I I I I I I - gi! I I tc rl ~ -l I I hJ I I I !Z ti u I I 1<:: S . I I I I' I .... S ~. I I t- t I' I I!i ~t I I I I I I . I I . I I :.:.~ I I I I N I I S I I -l I Lei I <.J I I '" I I <( I, I "- ! I I I I ! I r .' I I II, i I rl I I I I ;! I I I~ I. I I I I I I I t ~ t- mHI I I _~a' I I I I . U I, I ,~ I I I I I I I I (\ CityofLakcElsinorc: P/411ning Division 130S.MaDStreel lake Ebiw~ ('A 92530 (909)674-3124, (909)471.1419f~ PLANNING COMMISSION STAFFREPORT DATE: January 18, 2005 TO: Cbairman and Members of the Planning Conunission FROM: Robert A Brady, Gty Manager PREPARED BY: Kirt A Coury, Associate Planner. PROJECT TITLE: APPLICANT: Tentative Tract Map No. 33191 (\ Evan Mai, Adobe Flats Land Company, LLC, 8895 Hunt Canyon Road, Corona, CA 92883 REOUEST The subdivision of .97-acres of vacant land into 5 residential lots pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code and section(s) 66424 and 66427 of the California Subdivision Map Act (Q;MA). . LOCATION The subject site is located at the northwest comer of Robertson Street and Shrier Drive, north and east of the intersection of Lakeshore Drive and Riverside Drive. APN 378-271-032. ENVIRONMENT At SETTING (\ EXHIBit \\ r:,"_.. ~1I!lII NO. :2- \ PAoLlLOf &.3 PLANNING COMMISSION STAFF REPORT January 18, 2005 PAGE 200 PROJECT TITLE: TENTATIVE TRACT MAP NO. 33191 PROJECT DESCRIPTION u The proposed tract map will subdivide the aforementioned .97-acres of residentially zoned land into five separate parcels. Lot No's. 1, 2, 3, and 4 will be .169 acres (7,380 square feet), and Lot No.5 will be .192 acres (8,388 square feet). DISCUSSION The proposed subdivision has been deemed to be consiStent with the development standards in Chapter 17.23(R-l Single-Family Residential District) of the LEMC Chapter 17.23 requires that all newly subdivided parcels be a minimum size of 6,000 sf, and an average of 7,200 sf. Further, the LEMC requires that comer lots be a minimum of 7100 sf. The proposed subdivision complies with these requirements. . The proposed subdivision has been conditioned to dedicate thirty feet (30') of street width frontage to accommodate an ultimate sixty foot (60') Right-of-Way (ROW) for Robertson Street and Shrier Drive. . .. ENVIRONMENTAL . Pursuant to the California Environmental Quality Act (CEQA), this project has been deemed U exempt pursuant to Section 15332. This section exempts "Infill" projects of 5 acres or less. No further environmental clearance is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt Planning Commission Resolution No. 2005-_, recommending to the GtyCouncil approval of Tentative Tract Map No. 33191, based on the following Findings, and Exhibits "A", "B" and "C', and subject to the attached Conditions of Approval. . . FINDINGS 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The prqect is wnsistent Wth the designated land use p/arrning area, dete/qmmt and design standards, and all aher aPf'l<ftriate rr:quiI",llmts rontairnl in the Gereral Plan, ZooiTg ~ City Munidpal ~ and S ulxiirisian Map A It. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). U ~r1BU60. 2- \. 1WlI-l r+ oq; rl: ~ lU n II ! i I (\ n PLANNING COMMISSION STAFF REPORT J annal)' 18, 2005 PAGE 30B PROIECf TITLE: TENTATIVE TRACf MAP NO. 33191 7he MIX! is cmsistent'1lith tIJe lariJ use ptan" deukjmmt am design st{miaids am J7rrYlram, am aU aher appn:p,iate rffpareJ/C//f> aJI'Ilair1i1 in tIJe Gerrral Plan ' ' , 3. The effects this proposed subdivision is likely to have upon the housing needs ,of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. . '-r" . ; 7he MIX! is cmsiStent '1lith tIJe city's, Gen?ral Plan am z~ ~ Wll prmide 1m5sary puI:& senias am . ftuilitiRs, Wll pay aU apP'<p,1ate fiB, am WllncJ: resUlt in any adrerse emi1mm:ntal inp<ut. '. - .. . 4. Thede~if;n of the su~vision pro~des t~ the greatest eite~t possible, fo~future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 664 iZ.3). 7he MIX! Wll crwply '1lith all app'rpliate cms~ rffJUirenl?r1t> if tIJe City am UnifonnBuilding Qde Prepared by: ,Kirt A.. Coul)', Associate Planner, Reviewed by: ~ pW'J/I-U.'~'Y.,t;;'...AY_4Jo CV:/Ia.. ,Anna do G. Vtlla, Planning, and Code Enforcement Manager Approved by: 1 .~ EXlflBITS Attachments Exhibit' A' Exhibit 'B' Exhibit 'C Location Map Tentative Tract Map 33191 Full Size Exhibits -"SUllO. 2. \ PACC...L3-~ ~ "~,to RESOLUfION NO. 2005-05 u A RESOLUfION OF THE PLANNING COMMISSION OF THE OTY OF LAKE' . ELSINORE, CALIFORNIA, RECOMMENDING TO THE OTY COUNCIL OF THE OTY OF LAKE ELSINORE APPROVAL OF TENTATIVE . TRACT MAP NO~ 33191. ., , WHEREAS, an application has been filedwith the Gty of Lake Elsinore by Evan Mai, to subdivide certain propertr: into 5 parcels for future residential lots; and WHEREAS, the Planning Conunission of the Gty of Lake Elsinore has been delegated with the responsibility of making reconunendations'to the Gty Council pertaining to the subdivision of land; and ' ' .. /" ' . WHEREAS; public notice of ~aid application has been given, and the Planning Conunission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on Januaty 18, 2005; NOW TI-IEREFORE, the Plaiming Conunission of the Gty of Lake Elsinore DOES' HEREBY RESOLVE as follows: SECTION 1. The Planning Conunission haS conside~d the proposed subdivision (TIM No. 33191), priorto'making a decision to reconunend that the.Gty Council approve the proposed subdivision into 5 residential lots. The Planning Conunission finds and determines that this project is exempt pursuant to CEQA, which exempts infill projects,S acres or less. " u SECTION 2. That in accordance with Stare of California Subdivision Map Act, and the Gty of Lake Elsinore the following findings for the approval of Tentative Tract Map No. 33191 have been made as follows: ' 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. . , The prrjea is cmsistent W1h the designaud larx:l use p~ area, deukprrmt arx:l desilfl stalrlards, arx:l all aher appflflriate rrrptiwrwIs cmtaiml in the Gerrral Plan, ZmirIg Oxle, City MunUipal Oxle, arx:l Sulxlirisim Map A rt. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The prrjea is cmsistent W1h the larx:l use plan, deukprrmt arx:l desilfl standards arx:l prrwam, arx:l all aher appnpiate mpdmll?11/S CC>>1tainU in the Gerrral Plan u ~ ITall 00. :l , ~Of;:}-3 (\ (\ (\ RESOUITION NO. 2005-05' PAGE TWO 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the , public service requirements ofits residents, and the available fiscal and environmental resouoces ' have been considered and balanced. " " The prrjeet is mistent WJh the City's Gereral Plan am Z~ Oxii; Wll prmide m:essary public senias am fadlities, Wll pay all appmpdate jrz, ari:l Wll m result in any adr.erse ~inpaa." , 4. The design of the subdivisions provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The prrjeet Wll cwply WJh all apprrpriate lXJI1Senatian nquirenwts if the City am UnifarmBuilding Qlie ;).- NOW, THEREFORE, based onthe above, findings, the Planning Commission of the Gty of Lake' Elsinore DOES HEREBY RECDMMEND that the Gty Council of the Gty of Lake Elsinore approve Tentative Tract Map No. 33191. '. , Ron LaPere, Olairman Lake Elsinore Planning ComInission , ; I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on January 18, 2005 by the following vote:' AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Robert A Brady, Secretaiyto the' Planning Commission .Ad l D4.1lElIiJ 140. PiQI~ . :2.1 OJ!' "*~ u GENERAL 1. The applicant shall defend (with counsel acceptable to the Gty), indeinnify, and hold ha~ess the Gty, its Officials, Officets,' Employees, Agents, and its' ConsultantS from any claim, action, or proceeding against the Gty, its Officials, Officets, Employees, or Agents 'to attach, set aside, void, or annul an approval of the Gty, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Tract~p No. 33191, which action is bought within the time, period provided for in California Goveniinent Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The Gty will promptly notify the applicant of any such claim, action, or proceeding against the Gty and will cooperate fully with the defense. TENTATIVE TRACf MAP NO. 33191 2. Tentative Tract Map No. 33191 will expire two (2) yeats from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the Gty of Lake Elsinore Gty Council in accordance with the Subdivision Map Act and the LEMC ' 3. 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. u 4. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the Gty Council shall be installed, or agreements for said improvements, shall be submitted to the Gty for approval by the Gty Engineer, and all other stated conditions shall be complied with. AUuncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC 7. The applicant shall comply with all conditions of the Rivetside County Fire Department. 8. The applicant shall meet all requirements of Elsinore IT rJlcyM/lniep.JWater District (E~). 9. All future structural development associated with this map shall require separate Design Review approval. 10. Prior to issuance of any grading pennit and/or building pennit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. ' . 11. The applicant shall comply with the following Gty programs: the Gty Source Reduction and U Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. ,.: . . '> \ ~I1IllINO~ PArJU If OF 3-~ I CONDITIONS OF APPROVAL ~Page2of5 ( 'TENTATIVE TRACf MAP NO. 33191 '12. Prior to issuance of building permit, the applicant shall submit a lener of verification (will-serve lener) to the City Engineer, for all required utility services: ' 13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. The Multiple Species Habitat Conservation Fee (MSHCl') will be due upon issuance of <my 'euh building permits. 15. The applicant shall pay all applicable fees including park fees. 16. The applicant shall meet all requirements of the providing-electric utility company. 17. The applicant shall meet all requirements Of the providllig gas utility company. 18. The applicant shall meet all requirements of the providing telephone utility company. 19. A bond is required guaranteeing the removal of all trailers used during construction. n 20. All signage shall be subject to Planning Division review and approval prior to installation. 21. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity , shall not take place .on Saturday, Sunday, or any Legal HOlidays. -, I, ;, " il II 'I I; Ii Ii Ii II II Ii I~ 'I ENGINEERING 22. All open space slopes shall dr.iin to the public right-of-way. Drainage through private property shall be contained within a drainage easement. The easement shall be shown on the final map. 23. All sigI1<lge and landscaping shall be placed so as 'not to interlere with driver's site distance or any traffic control device. . ' . 24. Dedicate full half width right-of-way for the project frontage of Robertson Street. Dedication shall measure 30- feet from the centerline of Robertson Street to the project property line. 25. Dedicate full half width right-of-way for the project frontage of Shrier Drive. Dedication shall measure 3~ feet from the centerline of Shrier Drive to the project property line: n 26. Construct full half width street improvements for both Robertson Street and Shrier Drive. Street improvements shall include roadway, curb, guner and sidewalk. Street improvements shall also include transitions from the proposed improvements to the existing paving. 27. Construct street improvement transitions' such that the existing drainage on both streets is conveyed in a manner so as not to damage downstream property owners. ..,.IDII. naa NO. ). \ PA<lIt.LL.Of ,if:, CONDITIONS OF APPROVAL Page 3 of 5 TENTATIVE TRACT MAP NO. 33191 u 28. All street improvements, including traffic control devices (stop signs, stop ahead, etc.), shall be installed and functioning prior to certificate of occupancy. ( 29. Two: points of access shall be open and maintained in compliance with Fire Department reqwrements. 30. Pay all Capitallmprovement and Plan Check fees (LEMC 16.34, Resolution 85-26), applicable mitigation fees, applicable area drainage fee, applicable traffic impact fee (TIP), encroachment pennit fees and inspection fees associated with the project and its development. 31. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 32. Street improvement plans and specifications shall be prepared by a. California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and16.34). 33. 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. , u . 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on , 8 ~" x 11" Mylar) shall be submined to the Engineering Division before final inspection of public wooo improvements will be, scheduled and approved. 35. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 36: Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners. prior to occupancy. 37. 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., 38. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 39. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. , , " ,. , 40. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 41. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. u ~ nBaNO. 9... \ PG..J.LOF 3-. S CONDITIONS OF APPROVAL r'\ Page 4 of 5 ! 'TENTATIVE TRACT MAP NO. 33191 42. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and! or disks which are compatible with Gry's ARC Info/ GIS or developer to pay $300 per sheet for Gty digitizing. . 43. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 44. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Gvil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined . by the Gty 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. 45. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 46. An Alquis- Priolo study shall be performed on the site to identify any hidden' earthquake faults and! or liquefaction zones present. Study shall be approved and results implemented on grading and improvement plans prior to issuance of building permit. . n 47. All grading shall be performed 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. 48. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a leuer of drainage acceptance or conveyed to a drainage easement. , I I ;! ,I II !I il It 49. on-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the fmal map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 50. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Gty Engineer. - 51. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. Lots developed in the flood plane shall be constructed to an elevation one-foot above the 100-year flood plane elevation. A CLOMR and LOMR may be required if the project is within the FEMA 100-year flood plane as shown on the FIRM maps. 52. Meet all requirements of LEMC 15.68 regarding flood plain management. . n 53. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. JIoTlDI\ naa NO. 2. \ ~OF rl S CONDITIONS OF APPROVAL Page 5 of 5 TENTATIVE TRACfMAPNO. 33191 u 54. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the Gty Engineer. 55. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these <;riteria is exceeded, drainage facilities should be installed. 56. A drainage acceptance letter will be necessary from the downstream property;owne,rs for out-letting the proposed'stormwater run-off on private property. ' 57. Applicant win be required to install BMP's using the best .available technology to mitigate anyurban pollutants from entering the watershed. " " " " 58. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the ,grading plan prior to issuance of grading permits. The .applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance respo~ibilities. 59. 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 U awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement <<N' in the Riverside County NPDES Drainage Area Management Plan. ' '. , ,......, 60., Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. , ., ' 61. Intersection site distance shall meet the design criteria of the CAL TRANS Design, Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easeme!1t must be recorded to limit the slope, type of landscaping and wall placement. ; i' 62. All parcels shall have direct access to public right-of-way or be provided, with a minimum 30 ft wide ingress and egress easement to public right-of-way by separate instrument or through map recordation. 63. In accordance with the Gty's Franchise Agreement for waste disposal and 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. u ~naaNO. PAGE ::J() 1\ OF if3 PAGE 3 - PLANNING COMMISSIONMINUIES- Janwuy 18, 2005 n . g Technician Hennings stated that staff Was recommending denialof'Zone G.ange No. -10 and Conditional Use Pennit No. 2004-16. She noted that the applicant was not present. Vice a . O'Neal requested clarification as to M-1 zoning and how it affected the projeCt. 'cian explained that M-l zoning required a alP for ariyoutdoor storage or display of or vehicles. Commissioner lener. r asked if staff had any communication with the applicaritsince receipt of the . " Planning Technician He . gs indicated that she had not communicated with the applicant, however another planner ha .' She fUMer indicated that the applicant did not anempt to speak to her. She noted that the applican ad received all notices and reports pertaining to this project. There was discussion addressing staf anempts at accon:u:tJodating the applicant, and the applicarit's un~gness to comply with the standa set by the Gtyand Planning Commission for the project. n Deputy Gty Anomey Miles indicated that in 0 er to recommend denial of the project, the alP . would be derued by the Planning Commission; ho ver, the Planning Commission would recommend denial of the Zone G.ange to the Gty uncil. There being no further business, G.airrnan Were close e Public Hearing at 6:20 pm MOVED BY UHLRY, SECONDED BY LARIMER PASSED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-3, ARESO ION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, FORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CI OF LAKE ELSINORE, CALIFORNIA, DENIAL OF ZONE mANGE NO. 2004-10 GE OF ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED I APN 377-110-025 AND 053 FROM M-l TO C-2. Q.airrnan Were opened the Public Hearing at 6:21 pm MOVED BY UHLRY, SECONDED BY LARIMER AND PASSED BY VOTE TO ADOPT RESOLUTION NO. 2005-4, A RESOLUTION OF T COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA DE NG CONDITIONAL USE PERMIT NO. 2004- 16 FOR RECREATION VEHICLE LOT AT 18791 DEXTER AVENUE. 4. Tentative Tract Map No. 33191 n ~maaNO--2L PACl!~Of ~ ~ PAGE 4 - PLANNING COMMISSION MINUfES - Januaty 18,2005 u Gty Manager Brady provided a brief overview-of the proposed project and requested that the' - project planner review it with the Commission. Associate Pla=oer CoUl)" provided an Qyerview of the proposed project. He noted that the applicant was present and available for questions. He further noted a correction of page seven of 12, condition no. 14 to read, "The Multiple Species Habitat Conservation Fee (MSHcr) will be due upon issuance of wh building pennit." Evan Mai, 1895 Hunt Canyon Rd., Corona, agreed with the conditions and had no questions or additions to the staff report as presented. Commissioner Uliliy commended the applicant for the improvements made to half of the street on Shrier Dr. The applicant indicated the location of the proposed street and sewer improvements on, Shrier Dr. up to Riverside Dr. Vice Otairman O'Neal noted his concern with water pressure and fire issues in the Countty dub Heights area. He further-noted that his concern should notbe construed as unenthusiastic support- for the project. - Commissioner Larimer had no comments. Otairman LaPere noted his approval for the project. He further noted his concern with the Water U Districts ability to provide service to the homes in the project. He indicated that a week ago, Monday, a break in the water line at Gunnerson and Ulmer had occurred and the water flowed, . which resulted in potholes on Gunnerson and Ulmer. He stated that he reported the leak to the District, but to date, the leak had not been fixed. He noted that the potholes were patched by Gty staff. He noted that these conditions resulting from the leak posed a threat to the safety of the residents of Counttydub Heights. Otairman LaPere stated that these concerns were no reflection on the applicant or the proposed project. He requested a study session with the Gty Councilto discuss the issues surrounding Elsinore Water District's inability to provide adequate service to the area residents. Commissioner Uliliy indicated that Elsinore Water District had problems providing service to their customers. He further indicated that anyone could approach Elsinore Water District and Elsinore Valley Municipal Water District with concerns, but that it should be done from the perspective of a private citizen, not a Planning Commissioner. Commissioner Uliliy stated that the proposed project should not suffer because of fighting between two water districts and the lack of water. He further stated that the applicant had a Will-Serve letter, so the battle should remain between the water districts. _ Vice Otairman O'Neal noted that as public officials, they had a higher responsibility to make the problem known. He noted his concern with water pressure, fire issues and insurance. U ""-_. nHl_ NO. ).. \ ~07 i7 3 PAGE 5 - PLANNING CDMMISSIONMINUTES - Januaty18, 2005 o There was further discussion regarding the responsibilities of the Planning Conunissioners to address the Water Districts ability to service the residents, and the safety concerns. There was discussion regarding the Planning Conunission requesting the City Council to verify the adequacy of the utilities service to the residents. Deputy City Attorney Miles indicated that the Will-Serve Letter issued by Elsinore Water District verified their ability to service the proposed project, however it was the prerogative of the Planning Conunission to request additional documentation from the District. There being no further business, Olainnan LaPere closed the Public Hearing at 6:42 pm MOVED BY O'NEAL, SECONDED BY UHLRY AND PASSED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-5, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 33191. (', ager Brady reminded the Planning Conunissioners that a Mid- Year Budget Review Study Session s scheduled by the City Council for Thursday, Januaty 20"', 2005, and the Chamber Installation . er was scheduled for Saturday, Januaty 22nd at 6:00 pm at the Diamond Oub. Olairman LaPere n d his appreciation to Evan Mai for his patience concerning the discussion about the water districts. further noted that Mr. Mai did not cause the Planning Conunissioner's concern with the issues s ding with the water districts. STAFF COMMENTS OtyManag:r Brady indiaaa:i that he 'T.RIXlid distrias. PLANNING COMMISSIONER COMMENTS to the City Manag:r alxxtt setting up a mHing Wth thewter Conunissioner Larimer commented on the following: . Stated that she would miss Dick and Marlene; . Stated that the reason she joined the Planning Conunission was to questions and making the community more beautiful; . She read a notice from the County of Riverside requesting volunteers for Home (', Project; AiOP'" I1W NO. :2- \ ~OF rl-.~ u u .i I / u (\ (\ (\ ,\' CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL. FROM: ROBERT A. BRADY, CITY MANAGER. DATE: CITY COUNCIL MEETING OF FEBRUARY 8,2005 , , ' . ' , , i ~ r " . '., SUBJECT: ZONE CHANGE NO. 2004-10 (APN 377-110-052 AND 053). APPLICANT . ; William Maisel PO Box 686 Lake Elsin9re, CA 92531 REOUEST ,~.) , :1 Receipt and file of the Planning Commission's recommendation to deny Zone Change No. 2004-10. BACKGROUND Originally, the project consisted of both Conditional Use Permit No. 2004-16 and Zone Change No. 2004-10. Essentially, the Conditional Use Permit was for the operation of a Recreational Vehicle (RV) sales lot. Concurrently, the Zone Change requested that the property be changed from M-I (Limited Industrial) to C-2 (General Commercial). Ultimately, on January 18, 2005, the Planning Commission denied the applicant's request for Conditional Use Permit No. 2004- 1'6 and Zone Change No. 2004" 10. Although, staff had provided Public Noticing o(the denial, no further action is required by the City Council pursuant to Section 17.92.050' of the LEMC, since no appeal letter had been received by the ~O~ ". . PREPARED BY: REVIEWED BY: APPROVED FOR AGENDA LISTING: City Attachments: . Monika Hennings, Community Development Technician . ~iIla, Planning an~ Code Enforcement Manager . I. Minutes from January 18, 2004 Plarining Commission Meeting. fC""........ naa NO. PACi { :)..?- OJ': 3 PAGE 2 - PLANNING COMMISSION MINUIES - January 18, 2005 Senior Plann agencies, staff Commission Me LaPere opened the Public Hearing at 6:04 pm. ger Brady provided a brief overview of the project and requested the project planner . the Planning Commission. : , ' u Preisendanz noted that due to the, need for compliance from various outside . ommended that the project be continued until the February 1, 2005 Planning g. He noted that he nee d to respond to comment letters received by the Pechanga Band of Indians Riverside County Trans rtation Commission and Lake Elsinore Unified School District (LEUSD). Senior Planner Preisendanz indi ed that the applicant was not present; however, he did consent to the continuance. Vice Chairman ONeal requested clan ation as to whether the Planning Commissioners received copies of the above referenced letters. . I Senior Planner Preisendanz stated that the ers would be included with the staff report at the February 1 ~ meeting as part of the record. u There being no further business, Chairman LaPere sed the Public Hearing at 6:06 pm. AND PASSED BY UNANIMOUS E CITY OF LAKE ELSINORE, ENDMENT NO. 2004-06, ZONE NO. 32127; RESIDENTIAL ERMIT NO. 2004-14; AND FOR THE "LAKEVIEW ON MEETING. MOVED BY UHLRY, SECONDED BY O'N VOTE OF THE PLANNING COMMISSION 0 CAUFORNIA TO CONTINUE GENERAL PlAN CHANGE. NO. 2004-07, TENTATIVE PARCEL DESIGN REVIEW NO. 2004:05, CONDITIONAL US MITIGATED NEGATIVE DECIARATION NO. 2004- VILlAS" TO THE FEBRUARY 1, 2005. PlANNING COMMI 3. Zone Chang:e No. 2004-10 and Conditional Use Pennit No. 2004-16 (APN 377-110- 052 and -053). (Continued from November 2.2004) . , ' Planning Technician Hennings provided backgro~d information as to the project. She indicated that staff had received a letter from the applicant on December 26, 2004. She further indicated that the letter was a statement of non-acceptance of the conditions of approval. u ~na1NO. IW:lJ d- OF ;).'). 3 PAGE 3 - PLANNING COMMISSION MINUfES - JanuaIY 18, 2005 ("1 Planning Technician Hennings stated that staff was recommending denial of Zone Change No. 2004-10 and Conditional Use Permit No. 2004-16. She noted that the applicant was not present. Vice Chairman O'Neal requested clarification as to M-l wning and how it affected the project. Planning Technician explained that M- I zoning required a CUP for any outdoor storage or display of any type material or vehicles. Commissioner Larimer asked if staff had any communication with the applicant since receipt of the lener. Planning Technician Hennings indicated that she had not communicated with the applicant, however another planner had. She further indicated that the applicant did not anempt to speak to her. She noted that the applicant had received all notices and reports pertaining to this project. There was discussion addressing staff's anempts at accommodating the applicant, and the applicant's unv:illingness to comply with the standards set by the City and Planning Commission for the proJect. (\ Deputy City Anomey Miles indicated that in order to recommend denial of the project, the CUP would be denied by the Planning Commission; however, the Planning Commission would recommend denial of the Zone Change to the City Council. There being no further business, Chairman LaPere closed the Public Hearing at 6:20 pm. MOVED BY UHLRY, SECONDED BY LARIMER AND PASSED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-3, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF lAKE ELSINORE, CAUFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DENIAL OF ZONE CHANGE NO. 2004-10 CHANGE OF ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED IN APN 377-110-025 AND 053 FROM M-l TO C-2. MOVED BY UHLRY, SECONDED BY LARIMER AND PASSED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-4, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF lAKE ELSINORE, CAUFORNIADENYING CONDITIONAL USE PERMIT NO. 2004-16 FOR RECREATION VEHICLE SALES LOT AT 18791 DEXTER AVENUE. 4. No. 33191 Chairman LaPere open Iic Hearing at 6:21 pm n NJ!;HDA ITeM NO. :J. 'J-- ~ .S 01 "< . " L u J' , ' u u CITY OF LAKE ELSINORE ("1 REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 8, 2005 SUBJECT: SCHEDULED PUBLIC HEARING - OPEN AND CONTINUE TO MARCH 8, 2005 BACKGROUND ("1 On December 28, 2004, the City adopted a resolution of intention to form Community Facilities District (CFD) 2004-3 (Rosetta Canyon) and a resolution of intention to incur bonded indebtedness to finance the facilities. A public hearing was scheduled for February 8, 2005. The developer is still working with Elsinore Valley Municipal Water District (EVMWD) on the agreement, which must be approved by the EVMWD Board of Directors before coming back to the City. Therefore, the public hearing for this CFD formation will be opened and continued at the March 8, 2005 meeting. FISCAL IMPACT None RECOMMENDATION This is an advertised Public Hearing. It is recommended to the City Council open the Public Hearing and announce that the Public Hearing will be continued to the March 8, 2005 City Council meeting. PREPARED BY: or of Administrative Services n APPROVED FOR AGENDA LISTING: AGENDA ITEM NO. {). 3 PAGE-.L. OF--L u u u ("'1 (\ TO: FROM: DATE: SUBJECT: BACKGROUND CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER FEBRUARY 8, 2005 RESOLUTION APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR . LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. I AS ANNEXATION AREA NO.4 (ROSETTA CANYON) On December 28, 2004, the City Council adopted a resolution of intention to annex the Rosetta Canyon development into Landscape and Street Lighting District No. 1. DISCUSSION . Ie The district annexation includes the Rosetta Canyon development which contains approximately 215 street lights. The total annual cost of operations and maintenance is estimated at $21,182 for Phase I and $17,088 for Phase 2 or $41.61 and $33.97, respectively, per single family dwelling unit. The estimated cost for the first year includes a 50% reserve bringing the total to $31,591 and $25,632 or $63.40 and $51.76 per single family dwelling unit for the first year only, for Phase 1 and 2, respectively. The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District and each annexation or zone tracked separately. Any balance or deficit remaining on July I :must be carried over to the next fiscal year. The City Council may approve up to a two percent (2%) fixed rate adjustment ("'1 annually. The rate adjustment will adjust the Maximum rate but not necessarily AOENDA ITEM NO.. /) L1- PAOE l ~ Report to the City Council February 8, 2005 Page 2 of2 u 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 take testimony, 2. ,City Clerk opens sealed ballot(s), tallies vote(s), announces vote tally and states whether a majority protest exists 3. Ifno majority protest exists, then by motion, adopt Resolution No. 2005- Jl approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No.1; u " PREPARED BY: Administrative Services APPROVED FOR AGENDA LISTING: u ACENDA ITEM NO.J, L\ PAGE:r Of <l (\ RESOLUTION NO. 2005 - \ 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE. ELSINORE, COUNTY OF RIVERSIDE, STATK OF . CALIFORNIA,. APPROVING.. THE.. ANNEXATION. OF: TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 AS ANNEXATIQN AREA NO.4 (ROSETTA CANYON) 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 Cali fomi a (the "Act"), did on the 2Sth day of December, 2004, 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.4 (Rosetta Canyon), (the "Annexation"), for the purposes provided-therefore in the Act; and n . - 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 2lS, 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 n City Clerk; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is '-\ ACENDA \TE~NO. ~ <6 PACE .J OF_ RESOLUTION NO. 2005 - \ 3> February 8, 2005 - Page 2 u designated Citywide Landscape and Street Lighting District, Annexation No.4, 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 WHEREAS, the diagram and assessment have been filed with the City Clerk and are open to public inspection arid 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, andithe proceedings prior thereto; and' WHEREAS, said City Council having duly received and considered evidence, oral and docurrientary, 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. u NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ST ATE OF CALIFORNIA: 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. I, Annexation Area No.4 (Rosetta' Canyon). 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 maintenarice or servicing thereof. SECTION 3. The City Manager has directed to cause the preparationofa 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 . AGENDA ITEM NO. ;) 4 pAGE ~ OF 1<'6 u RESOLUTION NO. 2005 - \ ~ . n February 8, 2005 - Page 3 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 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. n Resolution. The City Clerk shall certifY to the adoption of this (\ AOINDA ITEM ~O. 2l\. PAGE ;;./ ~ RESOLUTION NO. 2005 - n February 8, 2005 - Page 4 u PASSED, APPROVED, AND ADOPTED this day ~ of ,2005. Robert E. Magee, Mayor ATTEST: Vicki Kasad, City Clerk APPROVED AS TO FORM: u Barbara Zeid Leibold, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, the City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Lake Elsinore at a regular meeting thereof, held on the _ day of , 2005 by the following vote of Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS u Vicki Kasad, City Clerk AOENDA ITEM NO. d. ~ PAOE {p ~ Engineer's Report , for Annexation No. 4 to the' . Lake Elsinore Landscape and Street Lighting . Maintenance District No.1 (Rosetta Canyon) City of Lake Elsinore Riverside County, California Prepared by: II Hams & Associates December 20, 2004 ~y AGENDA ITEM NO. 7'1. pACE l OF 1- Annexation. No.4, !;ity9f Lake-. Elsinore Landscape arid Stre.et lig~tll!g; Mlrinte1)llnceDistrict No.1 December 20, 2004 Pagei ENGINEER'S. REPORT ANNEXATION NO. 4 to lhtLA~ ELSINORE LANDSCAPE AND si1<EETLIGHTING MAiNTENANCE DISTRICT NO.1 The. undersigned .respeetfully suoIUits the enclQ$ed report ;llj directed. by the city Council. The undersigned cettJ.f1es that$he i$3ProfC$:rionaLEngineer; registered in the SjateofCalit<mlia. DAtED: December20,2004 ctr~, i3fr' JoanE. . R.C.E. No. 41965 I HEIU'BY CER11l< V . that the enclosed Engine'et's Report; together with Assessment Rolf and Diagram theJ:liIo!lttachl:ll, wa,&'filed with me on the _ day of ,2004. City Clerk, City of Lake Elsinore Riverside County, California By IflERltBY CEl~:tIFY that' the enclosed Engineer's Report, together with AssesS\l1em ROllltnd. Diagramth~retollttll!Jhed, Wll$iqjpfOved and confitinedby the City Council of the City ofLal\:!;l Elsinore,.Californm,.onthe _ dllyof ,2004. q:\elsioore\l11'tld1'doH'!\800r0\newpistrlcl\annexno:: 4 Jltndengineer"s ~portdQt:- City Cletk,Cit}'of Lake Elsinore RiversiqeOl'>i1nt}', California By AGENDA ITEM"yO. PAGE "() o o o 2L) OfJ~ . n (' n Annexation No.4;' City of Lake Elsinore Landscape and Street Lighting Maintenance DistrictNo. 1" December 20, 2004 Page ii ENGINEER'S REPORT ANNEXATION NO.4 to the LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1 TABLE OF CONTENTS Certificates "'" ,..,.."" ,.., '" ""'" ,.., ",.... "..", ". .'. ..,.... .... ....... ....... .,. .,., '" ,., ""." ,..... i Report.:....."""",....."..,..............",."",..,......,.."...............".,.",.,...",."."...."..,... I Pai1A- Plans and Specifications:...........:......,..........................,.......... 3 ., Part B - Estimate of Cost ..................................................................... 4 Part C - Assessment Roll..................................................................... 5 Part D -Method of Apportionment of Assessment.............................. 6 Part E' Property OWner List ......................:..:...:.:.............,..........,...... 8 Part F:,Assessment District Boundary ..:.............................,................ 8. "". ( q:\elsinore\Jlmd1\fonnation\new district\annex no. 4 IImd engineers report.doc ACENDA ITEM NO. PACE q 2Y OFLf€ Annexation No.4, City of Lake Elsinore Landscape and Street Lighting Maintenance District No.1 December 20, 2004 Page I CITY OF LAKE ELSINORE ENGINEER'S REPORT Prepared Pursuant to the Provisions of the Landscaping and Lighting Act of1972 (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 XlllD 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 ANNEXA nON NO. 4 to the LANDSCAPE AND STREET LIGHTING MAINTENi\NCE DI~TRICT NO, I hereinafter referred to as the "Assessment District" or "District", I, Joan' E: Cox, P.E., the authorized representative of Harris & Associates, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows: PART A Plans and specifications for the improvements showing and describing the general nature, location and extent of the improvements. PARTB An estimate of the cost of the proposed improvements for FY 2005-06, 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. q:\ersinore\flmd1\formation\new district\annex no. 4 IImd engineer's report doc ACENDA ITEM NO. PACE 10 u u u 2L\ OF 1'( ("\ ("\ ("\ Annexation No.4, City of Lake Elsinore Landscape and Street Lighting Maintenance District No.1' December 20, 2004 Page 2 . PARTD 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, PARTE 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, . ' . PART F The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel ofland within the Assessment District "I' ; q:\elsinore\ltmd1\formation\new district\annex no. 4 Ilmd engineer's report.doc lL\ AGENDA ITEM NOo:;.Q<i{ PAGE { I OF AIHlexation No.4, City of Lake Elsinore Landscape and Street Lighting Maintenance District No.1 December 20, 2004 Page 3 u PART A PLANSAND SPECIFICATIONS The facilities will be operated; serviced and maintained as generally described as follows: DESCRIPTION OF IMPROVEMENTS, FY 2005-06 The facilities to be maintai~ed and se~iced include landscapU;g 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. u The facilities in Zone 5 are specifically described as follows: . Street lights within the public right-of-way (215 street lights) Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the street lights and appurtenant facilities, including repair, removal or replacement of all or part of any of the street lights or appurtenant facilities. Servicing means the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities. The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference. q:\elsinore\lImd1\formation\new distrid\annex no. 4 IImd engineer's report.doc U ~l.\ ACENDA ITEM NO. OF' f<i( ~ PACE I a- :...L- - n (\ n Annexation No.4,. City of Lake Elsinore ~dscape and Street Lighting Maintenance District No.1 December 20, 2004 Page 4 PARl.R ESTIMATE OF COST The estimated cost of the operation, servicing and maintenance of the street lights improvements for. Fiscal Year 2005-06, as described in Part A, are summarized herein and described below. ANNEXATION NO.4 to the LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1 Proposed Budl!et - Fiscal Year 2005-06 Zone 5, Fiscal Year 2005-06 Estimated Costs Phase I Operations and Maintenance Reserve (50"10) Sub- Total $21,182.00 $10.591.00 $31,773.00 Phase 2 Operations and Maintenance Reserve (50%) Sub-Total $17,088.00 . $ 8.544.00 $25,632.00 . $900.00 District Administration Total Estimated Costs $58,305.00 The 1972 Act reqnires 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:\eIsinore\lImd1\formation\new district\annex no. 4 tlmd engineer'S report.doc lY AOENDA ITEM NO. PAOE 13 OF-L<i Annexation No.4, City of Lake Elsinore Landscape and Street Lighting Maintenance District No.1 , December 20, 2004 Page 5 PARTC ASSESSMENT ROLL u The. total proposed assessment for Fiscal .Year 2005-06 and the amount of the total proposed assessment apportioned to each lot or parcel within Zone 50f 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, Phase 1 - Tract Nos. 25478 & 25479 Assessor's Parcel Number 347-110-027 347-120-017 347-120-018 347-120-020 347-120-021 347-120-023 347-330-025 347-330-048 347-340-002 347-340-006 347-340-007 347-340-010 347-340-013 Dwelling Units FY 2005-06 Max, Asmt I~' r 509 $32,270,60* u .The maximum assessment is $0.54 less than the estimated budget due to rounding of the assessment per dwelling unit Phase 2 - Tract Nos. 25476 & 25477 ., . Assessor's Parcel Number 349-240-00 I 349-400-020 349-400-021 349-410-001 349-410-002 349-410-003 349-410-004 349-410-016 349-420-00 I 349-420-002 349-430-006 349-430-007 349-430-008 Dwellinl! Units FY 2005-06 Max. Asmt 503 $26,035.28* *The maximum assessment is $1.42 more than the estimated budget due to rounding of the assessment per dwelling unit. u q:\elsinore\Hmd1\formation\new district\annex no. 411md engineer's report.doc 2.\..{ ACENOA ITEM NO. J9: PACE.f:L-OF (1 Annexation No.4, City of Lake Elsinore Landscape and Street Lighting Maintenance Ilistrict Nd..1 December 20, 2004 Page 6 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 I 972, 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 beriefit rather than-according to assessed value. TItis section states: "The net amount to be assessed upon lands within an assessment district maybe 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." (1 , " ~. In addition, Proposition 218, the "Right to Vote on Taxes A~t" 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 XmD 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 street lighting and appurtenant improvements within the District. SPEOAL BENEFIT ANALYSIS Street Lighting. Proper maintenance and operation of the streetlights benefit all properties within the District by providing security, safety and community character and vitality as outlined below. Streetlights provide only incidental benefits to motorists traveling to, from or through the area. BENEFITS OF STREET LIGHTING Security and Safety . Mitigates crime . Alleviates the fear of crime . Enhances safe ingress/egress to property Community Character and Vitality . Promotes social interaction . Promotes business and industry . Contributes to a positive nighttime visual image (1 Q:\etsiriore\llmd1\formation\new district\annex no. 411md engineer's report.doc ACiENDA ITEM NO. :2 Y PACE 16 OF 1'6 Annexation No.4, City of Lake Elsinore Landscape and Street Lighting Maintenance District No.1, December 20, 2004 Page 7 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. u Localized Improvements .:.. Parcels that have street lighting adjacent to or near their parcels directly benefit from the improvements and are 'assessed for the costs of the localized improvements. ASSESSMENT METHODOLOGY Zone 5 The parcels of land in Zone 5 are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the street lighting within and directly adjacent to the development, as shown in Part B of this report, will be apportioned on a residential lot basis. The table below provides the assessment apportiomnent for Zone 5. " , SFR Max. Maint. Asmt Actual Asmt Total Max. Asmt Phase, Lots ,: cer'Lot (FY 2005~61' per Lot IFY 2005~6) For District 1 509 $63.40 $63.40 $32,271,14 2 503 $51.76 " ' $0,00 $26,033.86 . · 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 U the maximum assessment rate without receiving prope,rty owner approval for the increase. "~I u q:\elsinore\lImd1\formation\new district\annex no. 4 IImd engineer's report.doc AOENDAITEMNO. :2 ~, PAGE ,b OF ((j (\ (\ (\ Annexation No.4, City of Lake Elsinore Landscape and Street lighting Maintenance District No.1 December 20, 2004 Page 8 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 DISTRICf BOUNDARIES Diagrams showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel ofland 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 2004-05. The Assessor's maps and records are incorporated by reference herein and made part of this report. q:\etsinore\llmd1\formation\new district\annex no. 4 IImd engineer's report.doc ACENDA ITEM NO. PACE 11 2~ OF .J.j 1 Assessor Parcel Nos. 347-110-027 347-120-017 347.120.018 347-120-020 347-120-021 347-120-023 347.330-025 347-330-048 347-34Q.002 347-340-006 347-340-007 . 347-340-010 347-340-013 AsseS!lor Parcel N~ 349-240-001 349-4OQ..Q20 349-400{J21 349-410-001 34941()'()()2 34ll-41G-OO> 349-41Q-C04 349-410-016 349-420-001 349-420-002 349-430-006 346-430-007 349-430-008 \lICNrn' IIAP ~"'" ....... ~- The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2004-05. Annexation No.4 to the Landscape and Street Lighting Maintenance District No.1 Assessment Diagram Page 1 of.1 AGENDA ITEM NO. pACE l f u u u J-L-{. 01_( '6 ~. [\ ORDINANCE NO. I 138 '. , ORDINANCE OF THE' CITY COUNCIL OF THE' CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY qF CITY OF. LAKE ELSINORE COMMUNITY ,FACILITIES DISTRICT NO. 2003-1 (LAW ,ENFORCEMENT, FIRE AND ',.PARAMEDIC SERVICES) AUTHORIZING THELEVY OF A SPECIAL TAX WITmN ANNEXATION AREA NO.9, (SERENITY) ANNEXED TO SAID DISTRICT n ,wHEREAS, on December 14,2004, the City Council (the "Council") ofthe City of Lake Elsinore, California (the "City") adopted Resolution No. 2004-68 stating its intention to annex certain property ("Annexation Area No. 9 (Serenity)") 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.9 (Serenity) into the District; and WHEREAS; on January 25, 2005 this C~uncil held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 9 (Serenity) into the District and the rate and method of apportionment' and' manner, of colle~tion of the special tax to be levied within Annexation Area No.9 (Serenity) to finance certain public services; and , ' , ,WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of AnnexationArea No, 9 (Serenity) were heard and a full and fair hearing was held; and ' , WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2005- 6 determining the validity of prior proceedings relative to the, annexation of Annexation Area No. 9 (Serenity), annexed Annexation Area No., 9 (SerenitY) into the Oistrict,and authorized the levy of a special tax within Annexation Area No.9 (Serenity); and WHEREAS, the Council subsequent'to'said heanng adopted Resolution No. 2005- 7 ' which called an electionvvithin Annexation Area No.9 (Serenity) for January 25, 2005 on the proposition of levying a special tax; and n 45367598.1 AQENOA tTEM NO. " '3 ~ . P^GE-L OF ' WHEREAS, on January 25, 2005 an election was held within each U Annexation Area No.9 (Serenity) in which the eligible electors approved by more than two-thirds vote the proposition oflevying a special tax;, , NOW, THEREFORE, THE CITY COUNCIL OF niE 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. 9 (Serenity) 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~ 9 (Serenity) prior to the annexation of Annexation Area No. 9 (Serenity), 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. U 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. 2005~6 ofthe 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 tliis ordinance and the City Clerk shall attest to such signature~ The City,Clerk is directed to cause the title andsummary 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 anew~aper 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 namesofthe Council Members voting for and against the ordinance. " "I U 45367598, I 2 AGENDA ITEM NO. 3) PAGE ?.OF~ n Section 6. This ordinance relating to the levy of the special tax takes effect and shall be in force form and after 30 days from the date of final passage. A copyofthis ordinance shall be transmitted to the Clerk ofthe Board of Supervisors of Riverside County, the Assessor and the Treasurer- Tax Collector of Riverside County.". INTRODUCED AND PASSED UPON FIRST READING BY TITLE ONLY this 25th day of January, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, MAGEE, SCHIFFNER COUNCILMEMBERS: NONE NOES: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READY BY TITLE ONLY this 8th day of February, 2005, upon the following roll call n vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROBERT E. MAGEE, MAYOR ATTEST: n AGENDA ITEM NO. 3 L PAGE 3 OF 4 ..~ VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY .. u u u AGENDA nEM NO. '3 \ PAGE~OF. 4 · [1 I ORDINANCE NO. 1139 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF I LAKE ELSINORE .AUTHORIZING THE LEVY OF A SPECIAL TAX ' WHEREAS, on December 14, 2004, the City Council (the "Council") of the City of Lake Elsinore (the "City") adopted Resolution No. 7004-71 sta~ng its intention to form the City 'of Lake ElsinoreiConUnunity Facilities District No. 2005-1 (Serenity) (the"CFD") pursuantto the! Mello-Roos Community Fatilities Act of 1982, as amended (the "Act"), 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 '. I' facilities and other governmental facilities, whi~h the City is authorized by law to construct, own, operate. or finance and that. are necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within the proposed CFD, incIudiqg but not limited to streets, streetscape, sidewalk, curb and gutter, traffic~ignal, traffic signing and striping, . park, open space, landscaping improvementsi dry utility improvements, stOf!Il (\ drain, water and sewer facilities, City fees ,and fees of the Elsinore Valley Municipal Water District, and related costsincIuding designs, inspections, professional fees, annexa.tion fees, connection fees and acquisition costs, (the I _, - . "Facilities'); and '. : WHEREAS, on December 14, 2004, the Council also adopted Resolution No. 2004-70 stating its intention and the necess'ity to incur bonded indebtedness in the amount not to exceed $12,000,000 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 Jaw relative to the intention of the Council to form the CFD and to incur bonded indebtedness in the amount not to exceed $12,000;000 within the boundaries of the CFD; and n , , WHEREAS, on January 25, 2005, this Council held anoticed public hearing' as required by law relative to the determinatioQ. to proceed with the formation of the CFD, the rate' and method of apportion'ment and manner of collection of the special tax to be levied within the CFD to pay the principal and interest on the' proposed bonded indebtedness of theCFD, '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 ra.te of interest to be paid; and I I AGENDA ITEM NO.' 32 45552230,1 PAGEl6F~ ~ WHEREAS, at said hearing all persons desiring to be heard on all matters U pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFD were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2005 - 10 determining the validity of prior proceedings and established the CFD; and. WHEREAS, the CoUncil subsequent to said he:hlng adopted Resolution No. 2005 -.: 11 which called an election within the CFD for January 25, 2005 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and WHEREAS, on January 25, 2005, an election was held within the CFD in which the eligible electors approved by more thafi two-thirds vote the proposition of incurring bonded indebtedness, levyi.ng a special tax, and. setting an appropriations limit; . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A special tax (the "Special Tax") is levied within the boundaries of the CFD pursuant tQ 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 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 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." U Section 3. All of the collections of the Special Tax shall be used as provided for in the Act and Resolution No. 2005 - 10 . of the Council. ,. Section 4. The above authorized Special. Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, howeyer, the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.. U 45552230-1 AGENDA ITEM NO. 3-2 PAGE ). OF~ n 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 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. This ordinance relating to the levy of 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. 4555i230.1 .1 AGENDA ITEM NO. 3 2 . PAGElOF~ PASSED, UPON FIRST READING this 25th day of January, 2005, by U the following roll call vote: AYES: NOES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY. SCHIFFNER, MAGEE COUNCILMEMBERS: NONE " ABSENT: COUNCILMEMBERS: NONE ABSTAIN:COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this -'--- .day of 2005, by the following roll call vote: , ' AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: \ U Mayor ATTEST: Vicki Kasad, City Clerk U 45552230.1 AGENDA ITE~ INO, . '3?- '<\ PAGE.-::L OF IG . n (\ n EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX : ',~- , 45552230.1 . ~€!E~A ''l'~M NO. J L /!iAaf!....5:.. OF \ Co"4 City of Lake Elsinore CfD No. 2005-1 (Serenity) Exhibit "8" March 23, 2004 Page B-1 Rate and Method of Apportionment u RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF LAKE ELSINORE (SERENITY) The following sets forth the Rate and Method of Apportionment for the levy and collection of Special Taxes in the City of Lake Elsinore ("City") Community Facilities District No. 2005-1 (Serenity) ("CFD No. 2005-1"). An Annual Special Tax shall be levied on and collected in CFD No. 2005-1 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 2005-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION 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 the Assessor's Parcel Map, the land area as U shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area shall be calculated by the City Engineer. "Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5, Part I of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expense incurred by the City on behalf of CFD No. 2005-1 related to the determination of the amount of the levy of Special Taxes, the collection of Special Taxes including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2005-1, and costs otherwise incurred in order to carry out the authorized purposes ofCFD No. 2005-1 relating to CFD No. 2005-1. "Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel. "Assessor's Parcel" means a lot or parcel ofland designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the U County for purposes of identification. City of Lake Elsinore Community Facilities District No. 2005-1 AlIENOA nEM NO. l?- "- PAGE....k.- OF ..J...k.. City of Lake Elsinore CFD No. 2005-1 (Serenity) Exhibit "B" March 23, 2004 Page B.2 . ('\ Rate and Method of Apportionment "Assigned Annual Special Tax" means the Special Tax of that name described in Section D below. . "Backup Annual Special Tax" means the Special Tax. of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from. government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes within CFD No. 2005-1 have been pledged. . . "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel. "Calendar Year" means the period commencing January I of any year and ending the following December 31. .1 '. "CFD No; 2005-1" means Community Facilities District No. 2005-1 established by the City under the Act (\ "City Council" means the City Council of the City of Lake Elsinore,. acting as the Legislative Body ofCFD No. 2005-1, or its designee. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit was issued on or before March 1st preceding .the.Fiscal Year in which the. Special Tax is. being levied. . "Exempt Property" means all Assessor's ParCels designated as being exempt from Special .. Taxesas provided for in SectionJ "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code. Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil COde 1352 that creates individual lots for which building permits may be issued without further subdivision. . "Fiscal Year" means the period commenCing on July 1 of any year and ending the following June 30. . . "Lot" means all the Assessors Parcels for which abuilding permit has ormay be issued forthe purposes of constructing a residential dwelling unit. ... (\ "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C, that can be levied by CFD No. 2005-1 in any Fisc3I Yearon any Assessor's Parcel. City of Lake Elsinore Community Facilities District No. 2005-1 A8ENDA liEU NO. .5 2- " PAOEloF~ City of Lake Elsinore CFO No. 2OO~ 1 (Serenity) Exhibit "B" March 23, 2004 Page B-3 Rate and Method of Apportionment u "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Partial Prepayment Amount" means the amount required to . prepay a portion of the Annual Special Tax obligation for an Assessor's Parcel, as describedin Section H. "Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means that the ratio of the Annual Special Tax levy to the applicable Assigned Annual Special Tax is equal for all applicable Assessor's Parcels. In the case of Developed Property subject to the apportionment of the Annual Special Tax under step three of Section F, "Proportionately" in step three means that the quotient of (a) Annual Special Tax less the Assigned Annual Special Tax divided by (b) the Backup Annual Special Tax less the Assigned Annual Special Tax, is equal for all applicable Assessor's Parcels: "Provisional. Undeveloped Property" means all Assessor's Parcels of.Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section J as applicable. "Residential Property" means all Assessor's Parcels of Developed Property for. which a U building permit has been issued for purposes of constructing one or more residential dwelling units. . "Special Tax" means anY of the special taxes authorized to be levied by CFD ,No. 2005-1 pursuant to the Act. . "Spe~ial Tax Requirement" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (v) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2005-1 provided that the inclusion .of such amount does.not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in step two of Section F., less (vi) any aniountsavailable to pay debt service or other periodic costs on the Bonds pursuant to any applicable bond indenture, fiscal agent agreement, or trust agreement. "Taxable Property." means all Assessor's Parcels within CFD No. 2005-1, which are not Exempt Property. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, or Provisional Undeveloped Property. City of Lake Elsinore Community Facilities District No. 2005-1 (\ (\ .(\ city of Lake Elsinore CFD No. 2005-1 (Serenity) Exhibit "B" Rate and Method of Apportionment. March 23, 2004 . Page B-4 SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2005~06, each Assessor's Parcel within CFD No. 2005-1 shall be classified as Taxable' Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property. shall further be classified as Residential Property or Non-Residential Property. Lastly, each Assessor's Parcel of Residential Property shall be assigned to its appropriate Assigned Annual Special Tax rate based on its Building Square Footage. SECTION C MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for each Assessor's Parcel of Residential Property ot Non- Residential Property that is Classified as DevelopedProperty in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax or (ii) the Backup Annual Special Tax. Undeveloped Property and Provisional Undeveloped Property The Maximum SpeciaI Tax for each Assessor's Parcel classified as Undeveloped Property, or Provisional Undeveloped Property in any FiscalYear.shall be the Assigned Annual Special Tax. 2. SECTION D ASSIGNED ANNUAL SPECIAL TAX 1. DevelopedPropertv Each Fiscal Year, each Assessor's Parcel of Residential Property or Non-Residential Property shall be subject to an Assigned Annual Special Tax. The Assigned Annual SpeCial Tax applicable to an Assessor's Parcel of Developed Property forFisca! Year 2005-06 shall be determined pursuant to Table 1 below,. . " . I City of Lake Elsinore Community Facilities District No. 2005-1 . , AQENDA ITEM NO. '3?- , PAGE-i-OF-lk- City of lake Elsinore CFD No. 2005-1 (Serenity) Exhibit "B" . March 23, 2004 Page 8-5 Rate and Method of Apportionment TABLE 1 u ASSIGNED ANNUAL SPECIAL TAX RATES .FOR DEVELOPED PROPERTY. FOR FISCAL YEAR200S-06 '. Classification Buildine. Square Footaee Rate Residential Less than I 801 $1.946 Def Unit " Residential 1,801 - 2,050 $2,125 nef Unit Residential . 2,051 - 2,300 $2,598 per Unit Residential 2,301 - 2,550 $2,920 ner Unit Residential 2,551 or greater $3,331 Der Unit Non-Residential N/A $17,760 Der Acre 2. Undeveloped Property and Provisional Undeveloped PropertV . ~ . . . . . Each Fiscal Year, each Assessor's Parcel of'Undeveloped Property and Provisional . Undeveloped Property shall be subject to ~n Assigned Annual Special. Tax.. The Assigned Annual SpecialTax rate for an Assessor's Parcel classified as Undeveloped Property and Provisional Undeveloped Property for Fiscal Year 2005-06 shall be $17,,760 U per Acre. - . " .. . . 3. Increase'in the Assiened Annual Special Tax. On each July I, commencing July I, 2006, the Assigned Special Tax rate for Developed Property, Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. SECTION E BACKUP ANNUAL SPECIAL TAX At the time a Final Map is recorded, the Backup Annual Special Tax for all Lots within !such Final Map area.shall be determined by dividing(a) the. product of the Maximum Special Tax rate for Undeveloped Property and the total Acreage of all Lots in such Final Map area, by (b):the . total number of Lots within such Final Map area. The resulting quotient shall be the Backup Annual Special Tax for each Lot within such Final Map area. The Backup Annual Special Tax for all Assessor's Parcels of Developed Property classified as Non-Residential Property shall be the Maximum Special Tax rate for Undeveloped Property multiplied by the Acreage of such Assessor's Parcel. If a Final Map includes Assessor's Parcels of Developed Property which are classified or U reasonably expected to be classified as Residential Property and Non-Residential Property, then the Backup Annual Special Tax for each Assessor's Parcel which is classified or reasonably City of Lake Elsinore . AQENDA ITEM NO.~ Community Facilities District No, 2005-1 . PAGE..l.il- OF ...lk.. City of Lake Elsinore CFD No. 2005-1 (Serenity) ("\ Exhibit "S" March 23, 2004 Page 8-6 Rate and Method of Apportionment expected to be classified as Residential Property shall be computed exclusive of the allocable portion of total Acreage attributable to Assessor's Parcels classified or reasonably expected to be classified as Non-Residential Property. Notwithstanding the foregoing, if one or more Lots within a recorded Final Map are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, . then the aggregate Backup Special Tax applicable to such changed Lots shall be reallocated in a manner consistent with the first paragraph of this section among such changed Lots so that the cumulative total of the Backup Special' Tax generated by such changed Lots equals the cumulative total of such Backup Special Tax that would have been generated. by such changed . Lots if such change did not take place. On ,each July I, commencing July I, 2006, the Backup Annual Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. , SECTIONF. METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX Commencing Fiscal Year 2005-06 and for each subsequent Fiscal Year, the City Council shall levy . Annual Special Taxes on all Taxable Property in,accordance with the following steps: n, Stell One: . Step Two: Step Three: Step Four: ("\ . , The Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed PropertY at up to 100% of the applicable Assigned Annual Special Tax rates in Table 1 to satisfY the Special Tax Requirement.' ' If additional moneys are needed to satisfY the Special Tax Requirement after the first step ~as been ,completed; the Annual Special Tax shall be levied , Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Assigned Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. . If additional moneys are needed to satisfY the Special Tax Requirement after the first two steps have been completed, then the Annual Special Tax on each Assessor's Parcel of Residential Property whose Maximum Special Taxis the Backup Annual Special Tax shall be increased Proportionately from the Assigned Annual Bpecial Tax up to' 100% of the Backup Annual Special Tax as needed to . satisfY the Special Tax Requirement. ." If additional moneys are needed to satisfY the Special Tax Requirement after the' first three steps have been completed, the Annual Special Tax shall be levied Proportionately' on each Assessor's Parcel. of Provisional Undeveloped Property up to 1 00% of 'the Assigned 'Annual Special Tax applicable to each such Assessor's Parcel as needed to satisfY the Special Tax Requirement. . , 3:2- AQENDA ITEM NO'--rr- 'PAGElL OF--U:l- City of Lake Elsinore, Community Facilities District No. 2005- I City of Lake Elsinore CFD No. 2005-1 (Serenity) Exhibit "B" March.23; 2004 Page 8-7 Rate and Method of Apportionment SECTION G PREPAYMENT OF ANNUAL SPECIAL TAX u The following definitions apply to this Section G: "CFD Public Facilities" means $7,500;000 expressed in 2005 dollars, which shall increase by the Construction Inflation Index onJuly 1, 2006, and on each July 1 thereafter, or such lower amount (i) determined by. the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2005-1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction. Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or. construct public facilities eligible under CFD No. 2005-1. "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 City that is reasonably comparable to the Engineering News-Record Building Cost Index for the city of Los Angeles. . "Future' Facilities Costs" means the CFDPublic Facilities minus public 'facility costs available' to be funded through existing construction or es'crowaccounts or funded by the Outstanding Bonds, and minus . public facility costs funded by interest earnings .on the Construction Fund actually earned prior to the date of prepayment. . , ! . u "Outstanding Bonds" m~s all previously i~~ued B~nds issued and secured by the levy of Special Taxes which will remain outstanding after the. first interest and/or principal payment date following the current' Fiscai Year, excluding Bonds to be redeemed at' a later date with the proceeds of prior prepayments of Maximum' Special Taxes. ". The'Special Tax oblig~tion of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped Property may be prepaid in full, provided that' there are no delinquenLSpecial. Taxes, penalties" or interest charges outstanding with respect to such Assessor's Parcel at the time the Specilil Tax obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below. An owner of an Assessor's Parcel intending to .prepay the Annual Special Tax obligation shall provide the. City with written notice of intent to prepay, and within 5 days of receipt of such notice, the City shall notifY.such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by CFD No. 2005-1 in calculating the proper amount of a prepayment. Within 15 days of receipt of such non-refundable deposit, the Citv.llhalL...nai&wo_h owner of the Prepayment Amount of such Assessor's Parcel. u City of Lake Elsinore Community Facilities District No. 2005-1 . . .. NO' C3 d- AQENOA ITEm .. \ { . . '.. PAGE 1..:6.. OF --UZ- " n n (\ City of Lake Elsinore CFD No. 2005-1 (Serenity) Exhibit "B" March 23, 2004 '. Page B-8 .. . Rate and Method of Apportionment The Prepayment Amount for each applicable Assessor's Parcel shall'be calculated according to the following formula (capitalized terms defined below): plus' plus plus plus less ' . equals Bond Redemption Amount Redemption Premium Future Facilities Amount Defeasance Cost Administrative Fee Reserve Fund Credit Prepayment Amount As of the date of prepayment, the Prepayment Amount shall be calculated as follows: .1. For an Assessor's Parcel of Developed Property, compute the Assigned Annual Special Tax applicable to the Assessor's Parcel. For an Assessor's Parcel of Undeveloped Property, compute the Assigned Annual Special Tax as though is was already designated as Developed Property based upon the building permit issued or expected to be issued for that Assessor'sParcel. Foran Assessor's Parcel of Provisional Undeveloped Property compute the Assigned Annual Special Tax for that Assessor's Parcel. . 2. For each Assessor's Parcel of Developed Property, Undeveloped Property or Provisional Undeveloped Property to be prepaid, divide the Assigned Annual Special Tax computed pursuant to paragraph I -Cor such Assessor's Parcel by the sum of.the estimated Assigned Annual Special Tax applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City. . 3. Multiply the quotient computed pursuant to' paragraph 2 by the Outstanding . Bonds. The product shall be the "Bond Redemption Amount". 4. 'Multiply the Bond 'Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of. the . Bond Redemption Amount. This product is the "Redemption Premium." . 5. " Compute the Future Facilities Cost. 6. : Multiply the quotient computed pursuant to paragraph .2 by the amount determined pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount"). AClENDA nEM NO. .3 'J.- " PAGEJ..3.. OF.J..fL' City of Lake Elsinore Community Facilities District No. 2005-1 City of Lake Elsinore CFD No. 2005-1 (Serenity) Exhibit "B" March 23, 2004 Page B-9 Rate and Method of Apportionment ,. 7. , Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds. 8. Estimate the amount of. interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest call date for the Outstanding Bonds. 9. Subtract the amount computed pursuant to paragraph 8 from the amount computed pursuant to paragraph 7. This difference is the "Defeasance Cost." 10. Estimate the administrative fees and expenses associated with the prepayment, ,including the costs 'of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee," 11. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction inthe applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance.in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no, Reserve, Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than O. 12. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit. 13. From the Prepayment Amount, the amounts computed pursuant to paragraphs'3, 4, 9,and 11 shall-be deposited into the appropriate fund as established under the bond indenture and used to retire Outstanding Bonds or make debt service payments. . The amount computed pursuant to paragraph 6 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2005- L With respect to Special Tax obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of CFD No. 2005-1 that there has been a prepayment of the Special Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax obligation and the release of the Special Tax lien on such Assessor's Parcel, and the obligation nf-S.UCR .AIl~~iiIN'S Parcel to pay such Special Taxes shall cease. ' . .., ~?- AQENDA ITEM NOo-rr- PAGEROF I b City of Lake Elsinore Community Facilities District No. 2005-1 u u u City of Lake Elsinore CFD No. 2005-1 (Serenity) Exhibit "8" . March 23, 2004 Page 8-10 ("1 . . ... Rate and Method of Apportionment Notwithstanding the foregoing, no prepayment will be a1low~d unle;s. the amount of Special Tax that may be levied on Taxable Property, net of Administrative Expenses, shall be atleast 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. SECTION H PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX lbe' Special Tax obligation of an Assessor's parcel of Developed Property, or an Assessor's Parcel of Undeveloped Property for which a building permit has been .issued or is expected to be issued; or and Assessor's Parcel of Provisional Undeveloped Property, as calculated in this Section H. below, may be partially prepaid, provided .that .thereare no delinquent Special Taxes, penalties, or interest charges outstanding with 'respect to such Assessor's Parcel at the time the Special Tax obligation would be prepaid. . lbe Partial Prepay"}ent Amount shallbe clllculatedac~~rding to thefolJowing formula: ,".. PP = ((Po -A)x F)+A The terms above have the following meanings: " n PP= Po= F= the Partial Prepayment Amount. , the Prepayment Amount calcuhlted according to Section G. the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax obligation. the Administrative Fees and Expenses calculated according to Section G. A= With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the records of CFD No. 2005-1 that there has been a partial prepayment of the Special Tax obligation and shall cause a suitable notice to be. recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax obligation, to indicate the partial prepayment of the Special Tax obligation and the partial release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax shall cease. L Notwithstanding the' foregoing, no p~ai prepayment will be' allowed unless the amount of Special Tax that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. n . SECTION I TERMINATION OF SPECIAL TAX City of Lake Elsinore Community Facilities District No. 2005-1 For each Fiscal Year that any Bonds are outstanding the Annual Special Tax shall be levied on all Assessor's Parcels subject to the Annual Special Tax. If any delinquent Annual Special TaXes 32- AGENDA HEM NO. . PAGElS- OF l.L.. City of Lake Elsinore CFD No. 2005-,1 (Serenity) Exhibit "8", , c March 23, 2004 Page B-ll , Rate and Method of Apportionment remain uncollected prior to or after all Bonds are retired, the, Annual Special Tax may be levied to the ,extent necessary ~o reimburse CFD No, 2005-1 for uncollected Annual Special Taxes associated with the levy of such Annual Special Taxes, but not later than the 2043,-44 Fiscal Year., , ,. ... - . u SECTION J EXEMPTIONS The City shall classify as Exempt Property (i) Assessor's Parcels which' are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's' Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) AsseSsor's Parcels which are owned by, irrevocably offered for dedication/encumbered by or restricted in use by a homeowriers' association, (iv) Assessor's Parcels With public or utility easements making impractical thdr utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately oWned and are encumbered by or restricted solely for public uses, or (vi) other types of public uses determined by the City Council, provided that no such Classification would reduce the sum of all Taxable Property to less than 34.08 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce' the sum of all Taxable Property to less than 34.08 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such U classification would reduce the Acreage of all Taxable Property to less than 34.08 Acres will be ' classified as Provisional Undeveloped Property, and will be subject to Special Taxes pursuant to step four in Section F.' . ',' . SECTION K APPEALS Any property owner claiming that the amount or application of the Special Ta~ is not c'orrect may file a written notice of appeal with the City Council not later than twelvemonths after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2005-1 shall promptly review the appeal, and if necessary, meet ~th the propertY owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor'sParcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be m!lde to PIe Annual Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). ' , ' SECTION L MANNER OF COLLECTION The Annual Special Tax shall be collected in the same manner and at the same time as ordinary U' ad valorem property taxes, provided, however, that CFD No. 2005-1 may collect Annual Special Taxes at a different till).e or in a different manner,if necessary to meet its finlP1cial obligations. City of Lake Elsinore AQENDA ITEM NO.- '3 2- Community Facilities District No. 2005-1 II 'J f PAGE...1!2... OF 10 n n n CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: . MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 8, 2005 ,. SUBJECT: CONSIDERATION FOR THE PURCHASE OF AN EQUIPMENT TRAILER BACKGROUND The City of Lake Elsinore has a fleet of five tractors that are used regularly for several different maintenance functions performed through the Community Services Department. Currently, two of the five tractors are transported to job site locations by way of an equipment trailer that is pulled behind a truck. Transportation of tractor equipment by trailer has proven to be a safe and efficient operation practice. , It is Staffs desire to eventually purchase trailers and trucks so that all tractor equipment will be able to be transported by trailer to all job sites. At this time, staff is seeking to purchase a trailer to be pulled behind our existing dump truck for transporting of our John Deere Backhoe Tractor and Case Loader Tractor. DISCUSSION Our existing equipment trailers are capable of hauling our smaller tractor equipment such as our Ford Model 3000 Tractor and John Deere Model 2155 Tractor. For our John Deere Backhoe Tractor (15,000 Ibs) and Case Loader Tractor (26,000 Ibs) a trailer with a minimum payload capacity of 26,000 lbs is needed. Because the Case Loader Tractor and John Deere Backhoe Tractor are send out simultaneously to job sites, two equipment trailers will eventually be required. At this time staff wishes to purchase one trailer capable of hauling both the John Deere Backhoe Tractor and Case Loader Tractor. Also, in order to haul the new trailer our existing dump truck will have to be retro-fitted with rear mounted air break ACiEN9A ITEM NO. 3.3 PA01L..L_OF~ connectors. u FISCAL IMPACT The total estimated cost to purchase a trailer and to retro fit our dump truck with rear air break connectors is estimated to be $28,000 itemized as follows: $24,000 - Trailer $ 4,000 - Rear air break connectors RECOMMENDATION It is staffs recommendation that City Council authorize $28,000 for the purchase of one equipment trailer with a minimum payload of 26,000 lbs and for the installation of rear air break connections on the City's dump truck, as part of the mid~year budget adjustment process. PREPARED BY: . . WILLIAM L. PAYNE, PUBLIC WORKS MANAGER APPROVED BY: D u R OF COMMUNITY SERVICES APPROVED FOR AGENDA BY: u , AGENDA ITEM NO. PAce .t "]3 OFa ... n CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 8, 2005 SUBJECT: . MID-YEAR BUDGET REVIEW AND ADJUSTMENTS BACKGROUND n On June 8, 2005; the City adopted a Genera] Fund budget thatwas more than balanced with revenues exceeding expenditures by $343,954. The beginning Unallocated Revenue ba]ancewas $2,] 74,923 as of Ju]y ]',2004 and the reserve is $3,000,000. A study session was held on January 20, 2005 to review the mid-year status of revenue and expenditures and to review the mid-year adjustments. . The following' agenda report narrative and attached documents' is the same as presented in the staff report for the study session except for the certain modifications made per discussion at the study session. There are three additions and one modification made to the expenditure budget and they are highlighted in grey on page ] 0 and ]1. . DISCUSSION, .' .,. . Year-to-date Council Avvroved Budf!(!tAd;ustments Year-to-date Genera] Fund budget adjustments approved by City Council at various City Council meetings total $230,000 in revenue and $487,810 in- expenditures for a net of $257,8 10. Therefore, as of December 31,2004; the adjusted budget is still balanced with revenue exceeding expenditures by $86,144 ($343,954 adopted excess less $257,810 of year- to-date of net expenditures). A detailed summary of each year-to-date budget adjustment including the date City Council adopted the adjustments can be found on pages 2 through 4. Year-to-date Revenue n Year-to-date revenue as of Decembef 31, 2004 total $9,109,429 in the Genera] Fund, or 37% of the revenue budget. The Genera] Fund is typically short of 50% ACENDA ITEM 00. 3 Y PACE-L~ Report to the City Council February 8, 2005 Page 2 of5 each December because a majority of property tax is not received until January. This year, because ofthe State's Budget and the Triple Flip, 25% of the sales tax and 92% ofthe VLF will be received by the City with the normal property tax distribution. The 25% sales tax flip will continue until the state'sbonds are repaid. The 92% VLF flip will become permanent next year and be added to the base property tax payments and grow in the same proportion as assessed values. u Year-ta-date Exvenditures Expenditures as of December 31, 2004 total $9,441,178 or 38% of the total expenditure budget. Lake and Aquatic Resources department is the highest percentage at mid-year with 63%. This condition is due to the $650,000 payment for water that is made at the beginning of the yt'iar. The Department of Administrative Services' budget is the secon~ highest percentage with 60% due to the annual insurance premium of $308,392 paid at the beginning of the year. T4e U City Attorney, General Law Enforcement, and Fire Departments reflect billing for 4, 4, and 0 months, respectively. The 3 months of Fire services was billed and will be paid this month. Mid-Year Revenue Adiustments There are four major revenue adjustments. First, a portion of the Motor Vehicle in Lieu fee, or also called Vehicle License Fee (VLF), will now be received with the property tax remittance because of the State's budget work-out plan. A budget adjustment is proposed to move $1,393,000 out of the Motor Vehicle In Lieu line and $1,901,600 into the Property Tax line. This move reflects an increase of $508,600 based on published allocations made by the State. Secondly, building permit revenue is already ahead of schedule and the second half of the year is projected to be even stronger. Staff has run detailed calculations. from known developments. and conservatively project a needed increase of $464,000. The calculations are on page 9. Thirdly, $1,000,000 was included in miscellaneous revenue to be received from a settlement. The proceeds were originally budgeted to be used on one-time general fund capital items. The prm;eeds of the settlement will berealized.l:mt will most ACENDA ITEM NO. PACE '- u 31-\ OF~. n Report to the City Council February 8, 2005 Page 3 of5 likely be used to supplement debt service on CFD bonds onceapprov~d by City Council. A reduction in miscellaneous revenue is proposed. Forthly, the Developer Agreement Fees (DAG fees) need to be reduced from $1,486,000 to $1,291,000, or $195,000 because of the number of homes estimated to be complete were short. DR Horton at Tuscany came in at 46 homes short of the 145 and KB Homes were short 19 out of 100 originally estimated. A summary of the DAGfee revenue is located on page 9.: Lastly, the remaining revenue adjustments along with the three mentioned above are listed for each revenue account in the Mid-Year Adjustment column of the General Fund Revenue Budget Report on pages 5 through 7. (\ Mid- Year Exvenditure Ad;ustments A detailed description of each expenditure adjustment are listed on the Summary of General Fund Mid.:Year Expenditure Budget Adjustments schedule on pages 10 and 11. There were three additions and one modification made since the study session on January 20,2005, which are highlighted. The schedule also indicates the funding source for the adjustment. For example, most of the Community Development proposed increases have a corresponding increase in fee revenue as a funding source. Certain adjustments are strictly a reallocation of an existing budget or a reduction in the budget. Lastly, other proposed increases in expenditures have funding source as unallocated revenue or grants. The General Fund Expenditure Budget Report on pages 12 through 15 provides a detailed list of all expenditures by department, division and type and the proposed budget adjustments. Desifmationfor 2000 Series A Bonds ' The City Financial Advisor recommended that the City set aside the savings received from the current low interest rates on the variable rate bonds and use the savings to call bonds. The City incurred savings during the last two fiscal years of approximately $800,000 as supported by the schedule on page 16. n ACENDA ITEM NO. 3 Y PACE .3 ~ Report to the City Council February 8, 2005 Page 4 of5 ; ;. u ~. . ' Redevelopment Aeencv (RDA) , The RDA revenue is only at 1 % of the $12,202,900 since the tax increment will net be received until late January. Expenditures are at 25% of the $11,930,447 budgeted. The main expenditures are for principal and interest on bonds, professional services, ERAF; and,owner participation agreements. The proposed mid-year adjustments are accounting type re-structuring adjustments to move all the debt related fees and other obligation type payments to the Debt Service Fund where the tax increment is recorded. Any non-debt related expenditures are left in the Capital Project Funds of the RDA and will be funded from transfers from the Debt Service Fund. . Liehtine & Landscape Maintenance District (LLMD) " u The LLMD is funded through special tax revenue billed through the County. The first installment of the special tax revenue will be received in January. .' , . Expenditures are at 30% at mid-year but the entire budget will be used by year end. ' No budget adjustments are needed for this fund. " Capital Improvement Budeet (CIP) Attached is a 2004-05, Capital Project Status Report prepared by the Engineering '. Division of the Community Development Department. For mid-year, there are two projects for which a mid year adjustment is proposed:. . 1. STR-0017 - Pavement Repair and Overlay - Larson Street from Machado Street east approximately 1,100 feet. Staff is requesting approval of the project which includes $25,000 requested of Public Improvement in Lieu ,'revenue from Fund 605 and $270,000 of unfunded dollars for.FY 2005-06. . Total project cost is estimated at $295,000. See attached Project Description . sheet and map. u ACENDA ITEM NO. '] Y PACE~~ () Report to the City Council February 8, 2005 Page 5 of5 2. STR-0018 - Pavement repairs, asphalt overlay and traffic striping - Franklin Street from Main Street to Avenue 6. Staff is requesting approval ofthe project which includes.$33,000 of Pavement Management System funding in FY 2004-05 and $200,000 in 2005-06 and $182,000 of Gas Tax funding in $2005-06. Total project cost is estimated at $415,000. See attached Project Description sheet and map. FISCAL IMPACT The proposed General Fund mid-year budget adjustments total a net increase in revenues over expenditures by $18,025. The current year total budget is still balanced with revenue exceeding expenditures by $104,169 ($86,144 as of December 31, 2004 plus $18,025 of net mid-year adjustments). n The RDA budget expenditure budget adjustments amount to an increase of $153,822. The CIP is proposing and increase for two projects of$25,000and $33,000. The $33,000 is already budgeted in the Pavement Management Program budget. The $25,000 will be funded from Public Improvement in Lieu revenue. RECOMMENDATION Staff recommends that City Council approve the mid-year budget adjustments. PREPARED BY: r of Administrative Services REVIEWED BY: () ACENDA IlCM NO. PACE 5 3l( Of CJ5 0. w a:: o z ~ (\~ j E '> UJ ..- a:: i - - .. l: ClO "OU "--- III 0 :Go!! u. ...a ~ ~ ~ c)::E (\ .~ .. :; "0 .. .c: u Ul "0 l: " u. E .. l: .. Cl Ol " l: ~ Ol a:: "0 Ol ~ .Q ro c: :::> .S l/) Ol C) c: tU .c: () "0 c: tU l/) i!! ..3 U c: Ol a. x W oj " c:_ Ol tU > " Ol- a:::i. 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Q . , , , , 'x z ' , , . . ,C . , , , " Z ~~o~OZtOooooX~OOO~OtOooO)o~ozcoO)ooooX~COCO~o~oZtOO)oooo~~ 0~NN~JONM~N,~C'\I~C'\IWNO~""'C'\IN~~9~NM~C'\I.~Q~~NC'\I~JO~C'\IM~N ~ ObbOO~bbObOX bbb~OOb06bO~OOOObbX 6ooooo~ooooooX NC'\IC'\IC'\I~~C'\IC'\IC'\I~~XWC'\l~~~NC'\IC'\INNC'\I~NNNNN~~XWC'\lC'\lNNC'\I~"C\INNC'\I~~XW ~~~~~~$$$$$$~w~$$~~~~~~~~~~~~$$$$~w-~~~~~$~$$~~~~$~ ooooo.Joooooo 000-0000666-,6660000 066000.J0066660w U ooooo~oooooo~OOOOooooooo-ooooooo~oooooo_ooooooow. (J)O)O)mO)~mO)O)O)O)O)~m(J)m~oO)mO)O)mm .0)0)0)0)0)0)0) O)(J)O)O)mO)~O)O)m(J)mO)O) ~ ~~~~~ .~;l;~~;l;~1ll~~~t'9:!;:!;~~~~1~~~~~~~~~:!;~~~~ .~~~~~~~~~"' . ~~~~~q~~~~~~W~:!:!O~NN~~~~q~~~~~~~WgMggggq~~~~~~MW 0 O)(J)(J)O)O)~O)O)O)mmO)qO)mO)~O)mO)mmmm~(J)(J)(J)(J)mmO)qO)m(J)O)O)O)~O)O)mO)O)(J)~q~ 0 ~"IOOOOOOMMMMMMM'lt'lt'lt~OO OOOMMMMMMMMOOOO OOMMMMMMM"~ S ~ cmmma;~ma;a;a;a;a;a;ma;a;a;m~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~O ~ ACiENOA ITEM NO. J If PPIJE-2:b-~ n W iii: o Z ~ n ~ ....I ... o ~ o (\ 'jij " - :l "tl C .. - .. CI _"tl U " -i: m - . III .. i5 g CIl.!l! u .. elll lG"tl e C CIl " -... .5.5 :$ lGUl'<t ==..0 C10 meN .5~ :a c.(.)~ lJ"tl- (I) i ~ " Ul.!!! e..... lG ... ....1= ,,'6 e C lG 8- C)>< e~ ;:~ .:: C .~.. ....I ili iii: ... o - C .. E .. - .. iil -~. ~ ;'1, ~ ';!. ~ It> <;> '<t o .0 N It> <;> 'jij '<t " g ~ N l~ .. u C .. ... ~ Q '#.?F.?f.?fi 00'0 to- N C"')(I")L()N ..... ..... '" ri '" ~ ~ Ol.{)<O....... NL()OL() <0 .,.... L() .,.... ..0 MO>O N<O(V)CO N '" 'r--' ..... N ci co ~ o It)'-q-.,,,, co "'I:t.mm .,.....CX).q-N ocD~"': 'V~U')<O '<t '" N .; '" .~ ~ 000"",," 00 0 l.{) co 0 0"'" ..OO~,..: <omm"'l:t '" ..... .. .. " C .. > .. iii: '" u c '" c '" "E C>> Cf) en.co .~ m.~ ~ en:E a E Q) "Cl.-Ea. 5 ~ en.c B -...0.....(1) :gG>fEQ)"O c: ~ to Q) ffi ~U5~'=.-J >< W " . ~ o o '" IX) '" '" '" '<t '" as ..0 o N '" N i ~ ~ ~ ~ N .; '" .~ ~ '" '" ::> C '" '" a; ~ ... " ... - 0:0 ~c VI ~Q) ~ c a. .a .~ ~ :.0 0_ c: ~:n '" "tl '0 a. ~ c x ",::> '" "'~ 10 ~ ii5 (5 )( > f- W 0 ..... '" '" N ..... ~ ..... '" '" N ..... ~ '" N ... .. ~ ... o CI C ';: .5 Cl .. .c - .. Ul .. U C .. 'jij .c "tl C " ... ... .. ~ ... o "tl C .. - .. Ul .. U C .. 'jij .c '0 C " ... '" o o t::' ~ ~ AOENDA ITEM NO. '3 '-t ~ PAOE;:)1 ~ CITY OF LAKE ELSINORE MID-YEAR BUDGET REVIEW REQUEST FOR CONSIDERATION u CITY HALL REMODEL Due to the demands of the development community and the public, improvements were made to City Hall that provided the residents easier access to its elected officials and the various departments of the City. The change initiated City Hall opening five (5) days per week and provided additional counter space for the review of plans and related documents. The initial plans were straightforward. and simple based on prior discussed structural issues. As the project progressed so did the scope and cost of the initial project. Structural integrity issues required changes. in .counter and work area designs which resulted in increases to the project. The additional cost is . . . . . . , .. . . . . . . . . . . . . . . . . . .. . $19,575 , In an effort to provide additional.office and work'space, cubicles were built in a portion of the cOnference room upstairs but no built-in furniture was' authorized as part of the initial project. Staff has secured bids for the constiuction and installation of built-in office space. The cost is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .$18,000 'u The carpet at City Hall is in desperate need ofrepair and should be replaced. The existing carpet is approximately 10 years old and is very worn and tom in many areas. Staff has secured bids to complete the re-carpeting. The cost is. . . . . . . . . . C' . '[ .. r . . $19,588 '-&-) :: " PIn'I'I't!'; tl'4?{Y &?.>~t> TOTAL REMODEL FUNDS REQUESTED. .. . . . . . . . . . . . . . . . .. . . . . . . ~ 3?57~ -=- , " u AGENDA ITEM NO. 'J '-L- PACE:J!6 ~ ------~--~ J n (\ (\ CITY OF LAKE ELSINORE MID-YEAR BUDGET REVIEW REQUEST FOR CONSIDERATION GIS TRAILER PURCHASE With rapid development requiring the hiring of more personnel and more office space, expansions to outside locations are feasible options. A forty-foot (40 ft.) office trailer was located in the rear parking lot of City Hall prior to its relocation adjacent to the Seaport Boat Launch for Lake Operations five years ago. All main electrical connections exist and a new unit could be easily installed. The unit would house the GIS Division and would provide ample space for their needs and operation. . , , 12' x 40' Trailer :Tax and License Electrical Hook-up ADA Wood Ramp and Landing Computer/DSL Hook-ups Built-in Cabineis and Work Areas TOTAL $24,640 $ 2,210 $ 1,200 $ 4,000 $ 1,500 $12.000 $45,440 AOENDA ITEM NO. PACiE .dJf 3i OF 55 CITY OF LAKE ELSINORE , MID-YEAR BUDGET REVIEW. REQUEST FOR CONSIDERATION , . LAKE PATROL The City currently utilizes four (4) personal watercraft (PWC) to supplement and expand lake enforcement and patrol activity. The first two (2) units were purchased in 1999 and are manufactured by Sea Doo. u Each of these two units has approximately 350 hours of use on the lake. The hours, as well as the type of use, has been hard on the two (2) units with the majority of the time. . the See Doos being pushed to full capacity in enforcement pursuit. The hulls and engines are worn and in need of replacement. Sgt. Sharp has requested that two (2) Sea Doo GTX 4-TEC units be purchased to replace the existing Sea Doo watercraft. GTX 4- TEC GTX 4- TEC SUB TOTAL TAX SUB TOTAL' PAINT & DECALS TOTAL $ 9,599 $ 9.599 $19,198 $ 1.488 $20,686 $ 3.500 $24,186 u u ACENDA IlEM NO. PACE 30 3L1 OF~ n n n CITY OF LAKE ELSINORE MIDcYEAR BUDGET REVIEW REQUEST FOR CONSIDERATION GIRLS SOFTBALL T-BALL FIELD The Lake E]sinore Gir]s Softball Program has requested the City t~ assist, them in the construction of aT-Bali field at Tuscany Hills Park as the City did for the Lake E]sinore Little League at Swick-Matich Park, Amp]e space is avai]ablefor the construction of the field and would provide a much safer environment for the youth as balls would remain within the fenced area of the field and not be subject to entering the street or patron sitting areas. Backstop w/Overhang Fencing (400') 'Dug Out Benches ' Brick Dust Home Plate Irrigation Realigiunent TOTAL , , $],700 $,4,400 $' 420 $ 350 $ 120 $ 300 $7,290 ACENDA ITEM NO. '3 Y PACE 31 OF .55 CITY OF LAKE ELSINORE MEMORANDUM TO:' Bob Brady, City Manager ' ~ Pat Kilroy, Direc~or of Lake & Aquatic Resources T@ January 17,2005 u FROM: DATE: SUBJECT: Levee Repair and Preventative Maintenance In general, the earthen levee system weathered the recent severe storm event with little erosion damage. By far the most significant damage occurred near the entrance to the levee, where the inflow from the San Jacinto River, eroded approximately 200 linear feet of embankment. ' This winter has already been an unusually wet year. ' The L~e has risen aJmost 12' and added over 35,000 acre-feet of water. At the peak of the San Jacinto River inflow the volume was approximately 2,500,000 gallons of water per minute. The potential for rain remains high as there is still ample time remaining in the season. It's obvious to me that nobody can accurately predict the rain pattern this winter. The NOAA Weather Service has made a drastic change in their climate prediction for the remainder of this season. In the fall, NOAA's precipitation forecast called for "equal chances", in which neither wetter nor drier than normal conditions were favored. The newly revised forecast now calls for 33% greater precipitation than norm,al in the southwest. Furthermore, NOAA's explanation for the unusual amount of rainfall is due to the Madden-Julian Oscillation (MJO). This disturbance in the normal weather pattern can bring U substantial rainfall to southern California in a short period of time. This year reminds me of the 1992-1993 storm season, in which Lake Elsinore received over 100,000 acre-feet of water. During the 1992-1993 storm season, Canyon Lake dam did not begin spilling until January 17th. Considering the amount of rainfall and rise in Lake-elevation to date this year, the City should prepare for a substantial rise in the Lake's elevation. I recommend the following repairs and preventative maintenance be performed as a precautionary measure. 1. Temporary repair to embankment. Repair approximately 200' embankment near the Levee entrance by grading embankment to a 3:1 slope and installing rock boulders for slope protection. 2. Spot grading or Levee's Back-basin slope. Good vegetative growth on the Back- basin slope should provide adequate erosion protection over most of the Levee, however in a few areas a net benefit will be gained by ripping, importing fill material, grading, compacting and anchoring straw mats to eroded slopes. 3. Grade Levee roadway. It's important that the Levee roadway rapidly shed rainwater in a sheet flow manner to prevent seepage and drainage ruts. Vehicles driving on the roadway shortly after it rains can cause deep tire ruts. Rainwater pools in these tire U ruts, which can lead to seepage down-slope of the upper causeway. The roadway ACENDA ITEM NO. 3 ~u PACE 3;r ~ ['\ n ['\ April 29. 2003 MEMO: EVMWD Proposal-Island Wells Page-2 should be graded with a 4-6 inch crown in the middle by importing fill material in the low areas, grading and rolling for compaction. . 4. Pre-placement of sandbags and fill material. If a seepage path, leak or sloughing occurs during a storm it would be prudent for ihe City to pre-place emergency repair material along the Levee, such as sandbags and D&G piles. Estimated Project Budget Item Bull Dozer wi sidearm 1m ort rock boulders 1m ort dirt & avel fill material Straw matslblankets Grader, Roller & water for foadwa Sandba s Estimated Cost $15,000 $10,000 $12,000 $10,000 $10,000 $3000 $60,000 Total = Attachments: cc. Matt Pressey, Director of Administrative Services t/" , , ;-,.. ACENDA ITEM NO. .3 L/ PAGE :?3 Of :55 NOAA Maaazine II NOAA Home Paae Commerce DeDi. u NOAA CATCHES A CULPRIT BEHIND WESTERN STORMS ~ ' ' "C'.'"'"-t"i, ::t~~~:~'-~~~I:~~,,:::;~~~~~;n~~ "f iI t.>- -- i'~ 4_Diep"""'~,_, weeks of severe winter weather In the, western ':.:.:/ C- ad ~ and central United States, NOAA scientists have U""'*'Ijd' ,- identified one of the leading causes. "A leading climate culprit is the Madden-Julian Oscillation or MJO." said Wayne Higgins, lead climate specialist at the NOAA Climate Prediction "d Center located In camp Springs, Md. (Click ut....z.....oIlifts NOAA image for larger view of weather r_r_ud..._ patterns known as the -pineapple " '" ' express" where a significant amount of the deep tropical moisture traverses the Hawaiian 'Islands on its way towards the western United states. Click here for high resolution version, which. is a large file. Please credit -NOAA. n) , . During the last half of December, the MJO strengthened as enhanced cloudiness and precipitation over the Indian Ocean shifted eastward. (This activity was not related to' the tsunami that occurred late in December.) By early January 2005, the precipitation associated with the MJO extended Into the western tropical Pacific. "As the tropical rainfall associated with the MJO shifted eastward towards the Central tropical Pacific, the jet stream over the North Pacific gradually shifted eastward towards the california coast," said Higgins. "This allowed recent storms to tap a deep-tropical moisture stream that dramatically increased the precipitation over California," Higgins added. The typical scenario linking the pattern of tropical rainfall associated with the MJO to extreme precipitation events along the West Coast of the United States Is shown in a NOAA araphic. This graphic depicts changes In large-scale circulation and moisture patterns that occur over the 10-dayperlod leading up to heavy precipitation events along the West Coast of the United States. "The scenario shown in the schematic is exactly what we observed over the past two weeks," said Higgins. These events can bring up to several days of heavy rain and possible flooding. They are often referred to as "pineapole exoress" events, so named because a significant amount of the deep tropical moisture traverses the Hawaiian Islands on its way towards the western United States. NOAA meteorologists use a variety of data and analysis techniques to detect the MJO. Of U primary importance is information derived from NOAA's oolar-orbitina and aeostatlonarv satellites, which are used to identify regions of heavy tropical precipitation. A second fundamental data source Is the global radiosonde network, which provides crucial Information regarding the atmospheric winds, temperature, moisture and pressure fields at myY levels . AOENOA ITEM NO. 3 http://www.noaanews.noaagov/stories2005/s2367.htm PACE .'3 'I _OF 5't:J 1/1412005 a " !""'. . (' n g g <D " ~ ~ ~ t n ~ e: n - _. o = '" ~ 6" = :JQ .... ~ ~ <> ~ o h c. - ." Cl " [JQ ::;; ~ 3<C"V :0:0";0 .Cr-CJIr1 1""11-4 (") "031-1 I "O"V ...- 1-1 l::t' me.. r--of ...,r-:o 03 -of 1""1 (1)1-4 n"-Jr1C O::J)Z "'OCh aUlOO a ZC ~ :J)-of r-r- C o n I ... o .Z::DnPl ':z:z:zj(') ""!:!z:z ::11::11_"'" -zz.~ WW~lIlj IIIZ'''' 1'10_01"1 ,""D:::DIlD !i~~~ Z . ., ..;1,- " l "'.' ~ (' .~ 't:I '" ..... OQ ~ <D ..... :!: AGENDA ITEM NO. J Lj ..... tv 0 0 ..., 0 - VI PIG3b OF 55 I ! i t ~. .. .~ f ~l~ . I@, d . " i i ~ if l!l .. r- .. ~~ =Qo~ '=~~ . ! is z . :I: ii i ~ !:l N 5 r- .. .." .... .... .. ~~ i :;~ e 01 ,.. ;Ils r- "'.. "a If z zS .... :: Iii ~ x!i l! ~ 2: ~ ~Q == =s .. .., . - ~ .. ) u . ~ '" '" Iii z o :u '" () ~ m ~ U 3Y ITEM NO. AGENDA-71~ ~OF pADE~ IY7ta1 REVISED n 200412005 Capital Proiect Status Report .. January 21.2005 n . . LKE-0002 Boat Launch Improvements at LERA Campo round ($1,894,000 Grant money and Park fees): '1. Total Project Cost - $5,209,600 2. Funding Source: a. . $3,000,000 California Department of Boating & Waterways (DB&W) Gm~ . b,' $2,209,600 from a combination of Park fees and Ur:lCillocated GenerafFund revenue. ... . c. Project Schedule: 18-20 months from February 1, 2005 LKE-0003 Rehabilitation of Levee Back Basin Slope ($100,000 Park fees): Staff is requesting $60,000 be approved by the City Council at the mid-year. budget review to make repairs to 200 feet of the embankment that has recently been eroded, spot grading of back-basin slope and levee roadway. The work includes importation of dirt & gravel, rock boulders for slope protection and installation of anchored straw blankets to prevent erosion from newly graded slopes. In the spring, staff will perform additional assessment of the levee and prepare bid documents for preventative maintenance on the back-basin slope.' LKE-0004 Lake Destratificatioo Svstem($212,OOO Gmntfunded):Project has been Completed. Supplemental to the destratification system is a modification which will increase the efficiency of the turbines. This item will be brought before the Council for consideration at a later date. . LKE-0005 Inlet Channel Dredaina and Slope Repair ($1,200,000 funding source . not identified): Staff obtained an estimate for the work in March 2003 from MBC Contractors, but a funding source has not been identified to implement the project. This project is not identified in the current year's budget, however, staff would like request that the project be brought forward for construction. PRK-0001Citv Park Restroom/Concession Const. Proi. ($294,079 Grant fund): Consultant preparing plans to demolish existing restroom building and adding a combination restroom/storage facility, bringing the restroom facility into ADA compliance. PRK-0003 Swick-Matich Park Landscape Desio" & Imp. ($20,000 Park CIPfee): Consultant preparing plans for landscape and irrigation for the. new concession stand areas.. . n ACENDA ITEM NO. 3"1- PACE31 ~ PRK-0004 Swick- Matich Restroom/Concession . Blda. ($242,750 CDBG): Construction is 70% complete. Anticipate completion middle of February, U providing no weather delays. STR-0001 Curb. Gutter. Sidewalk repair for Spnna St. ($100,000 CDBG): Project is in preliminary design. Anticipate construction to commence in May. STR-0002 Annual Curb; Gutter & Sidewalk Repair Proaram ($20,000 Gas Tax, $80,000 Measure A): Project has been completed, see Attachment 'B'. , ' STR-0003 Traffic Stripina Lakeshore. Torn Ranch to Machado ($10,000 Gas Tax): Preliminary engineering has been completed. Design is anticipated to be completed in early .April and construction to be completed in early June 2005. -. I' STR-0004 Pavement Manaaement Proaram ($400,000 Gas Tax): Approximately 50% complete, see Attachment 'A'. , " STR-0007Annual Traffic Stripina Maintenance Proaram ($' 7,000 Gas Tax, $93,000 Measure A): ,Striping will be completed following slurry program, approximately June 2005; STR-0008: Casino Dr. Bridae" Seismic Retrofit ($164,000 Federal Funding): Preliminary Environmental Study was submitted to CAL TRANS for approval in October of 2004. The report indicates that the site is clean and no endangered' U species are present. Staff is waiting' for a reply from CAL TRANS and will continue to follow up with CAL TRANS on abi-weekly basis. STR-0009 Underaround Tank Mitiaation (Main & Sulphur) ($120,000 Gas Tax): An extensive report of the testing was given to County Environmental staff for review and approval. Riverside County agreed with most of the report except that additional testing on some inspection wells was requested. With recent rains, the County wanted testing assurances that there were no signs of contaminants. Staff is following up on the County request. ' STR-0010 Pavement Repair & Overlav on CONdon St. ($342,300 Gas Tax): Riverside County is the lead agency on this project and All American Asphalt was the low bidder for the contract. A pre-construction conference is scheduled for Monday, January 24, 2005 with construction' to begin in February. The contractor has forty working days to complete the project. STR-0011 Power Pole Relocation ($183,000 Street Improvement fund): Street improvement plans were submitted to Edisi:;n for their pole relocation design. Staff is expecting to have the design at the beginning of March with construction to follow. Staff budgeted for the relocation of one power pole and Edison is indicating that 4 poles will need to be relocated. Staff is looking to the developer to contribute their share to fund the balance of the project cost. u , ACENDA ITEM NO. 3 '-1 PAt3E..!:12.-0F. ~ n STR-0017. Pavement Repair and Overlav on Larson Street ($25,000 Public Improvement In Ueu and $270,000 Unfunded). Design for this project to be completed in 2004/05 and construction anticipated in 2005/06. . , STR-0018 Pavement Repair and Overlav on Franklin Street ($233,000 Pavement Management Program): Design for this project to be completed in 2004/05 and construction anticipated in 2005/06. TRF-0001 Traffic Sianal LED/Battery Backup Retrofit ($171,000 Traffic Signal fund): Design and specifications have been completed. Construction is anticipated to be completed by the end of June. TRF-0002Traffic Sianal @ Grand & Broadway ($41;524 Traffic Safety, $108,476 TIF): The plans for this project have been checked and approved. Staff is waiting for the specifications and cost estimate. Because of the long lead time required to receive the signal poles, Staff ordered the poles and mast arms in advance to expedite the construction.. Staff anticipates construction to commence by the end of March and be completed by early May. ',I, n . TRF-0003 Traffic Sianal Install @ Grand & Orteaa Hwv. ($65,000 Measure A, $130,000 Traffic Signal fund): Staff working with County and Caltrans Staff to find finding., The City poition of'the 'project .(one-third of the. cost) has funding however, the State does 'not have funding for the balance of the cost. TRF-0004 Traffic Sianallnstall Grand/Ontario ($173,000): This is a cooperative agreement between the City and the County. The City will pay one-third and the County' will pay two-thirds of the construction. City Council approved an agreement between City and County on July 13, 2004, County is in the process of modifying the contract language. Contract due approximately March 2005. " TRF-0011 Railroad Canyon Road @ 1-15 Interchanae StudY ($549,870 TIF): In, order for the project to be eligible for the potential of Federal Funding, Staff was required to perform an audit on the Project Report Engineer. This.audit has been completed and the Engineer started working on the ultimate design for the interchange. This process will take approximately 12-months. i. Miscellaneous Traffic: Central I 1-15 Interim Improvements Staff is working with the Home Depot project to coordinate the design of street improvements in the interchange area. Caltrans has stipulated that the interim improvements required of the City shall be ready to go to construction prior to occupancy of ,the business in either the Home Depot or Costco projects. Staff is working to identify funding for the' following processes: n . Project Study Report/Project Report - estimate $45,000 ACENOA ITEM NO. 3l..) PACE~OF 55 . Plans, Specs and Estimate - Agreement estimate $130,000-$180,000 . Construction - Estimate $1.8 million .' u To date, Staff has identified approximately $800,000 in available funding and is pursuing WRCOG f()r additional funding, There is a current need for $1,225,000 to fund the balance that Staff is requesting to be covered byunallocated funds. Potential funding sources include STP-State call for pavement projects and TUMF. Machado Street Imorovement. Lincoln Avenue 'to Grarid Avenue:. ..Riverside County is requesting that the City fullyJund the design of this project for fiscal year 04/05 with construction to commence at the beginning of fiscal year 05/06. Estimated design cost is $60,000. The county has verbally committed to refund the design costs and participate for their share of the construction costs in fiscal year 05/06. Staff will bring a staff report forward for Council consideration detailing the project timing of the design as well as an agreementwith the County for 100% design reimbursement and fair share construction participation. GEN-0001 Annual Library Books & Materials Purchase ($40,000 Library fund): Ongoing purchase of Library Materials.. GEN-0002 Information Technoloav Strateaic Plan Imolementation, ($200,000 Dev. Agreement fund): City has purchased a replacement for the IBM AS400. The new IBM Series 520 will run the city's enterprise system software. Phase 2 U will include additional software for the new system. . GEN-0003 General Plan Uodate ($500,000 General Fund): Project has been awarded and Staff has met with the consultant to begin the update process. GEN-0004 Palm Tree Preservation Proaram ($20,000 Parks fee): On going. GEN-0008 landscaoe Construction @ Grand & Ontario ($30,000 'LLMD): Project has been completed. , .' , , DRN-0001 Master Plan Storm Drain Installation (Davcon) ($399,300 Area Drainage fee): Developer is finalizing design and negotiating wit.h Staff as tp which improvements are eligible for reimbursement. MISCELLANEOUS , ; Fire Station #10 Concrete Reoair ($41,850 Grant funded): '.:Project- has been completed. " Attachments u 31.\ ACENDA ITE~ ~O. PAGE '-(;)- OF ,75 (\ FISCAL YEAR 200412005 PAVEMENT MANAGEMENT PROGRAM LIST OF WORK COMPLETED AS OF JANUARY 1, 2005 . . n (\ ATTACHMENT 'A' . 3l\ AOENDA ITEM NO. PAOE~OF. 55 ..../ M\~ z+oo il: u '1; ~ ...~ ...~ . . ~ I; ~ HI f I; ~ , u u n ~ o "! - '" ~ Q) .c E .8 Q) e- Q) 10 o E 'It) -g 0_ OQ) r41 ,0 >>.. u..u Q) 'e- ll. 8 c .. c Q) E .. :E E Q) E g! 8'. n \, W ., z W ll. X W -' ~ o .... ... ....<0 N ..J 0 M~ :i().. -~.... . 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I}~ ... ~ .c: _ I!! 0 ,l1l ~ J:en:::Ef-O 0 ClZ.:::E 0 lCD_a>> ~~ ~ > Q):J 'C'O CD i~d~:ii oO::'E:Qi ~ 00 Q)VJ.~Q)~go ~ [(0:: c o.g E,g (U .0'000 u..!!!O~mcuCl)~ogQ) i!gj~"fi.c:.5€~ES .Q~ 11l11l1!! 11l 0 ",.l!! I!! Z:>..J:::ECl:::EZf-OCl Q)4) CD CD 5 z'" .. E .~ ~ .~ _ _ I ~ o~EQ)coomm-ffi F= ~ ~ ~ l!.l! l! t5 t5 ~ 0 O<(<(E,g,g~ccc-g ,Hi ~ ~ tV .. .. .. - - .Q e 'w - - .c: .. .. .. 8 00 .. == l!!~~~ fI)= o 0 11l tV tV c: c: .-tV . OO(!)...J...J..J::;::;:!:1r <t) N '<t) 0; <t) ~ ... o o <') rr; <') ~ N tV- e8 11l 0 ~~ /r' u .. u u , 3l) _ ACENDA~/~~.~ . pACE..:JXZ---' n FISCAL YEAR 200412005 CURB, GUTTER AND SIDEWALK LIST OF WORK COMPLETED AS OF JANUARY 1, 2005 n n ATTACHMENT 'B' AOENDA ITEM NO. .3 ~ . PAGE..!:fJ..::..OF 55 z_ ~ ,;~f )1' Hi ~~~~j~~t le~heh -;,., ~, ......."" '~~.. -<~ ..!-;2 ;':~. . -- ~ ,I ~ u I I "'" j .. ." 0S:g 08I!O ~ N S ",. ~2'" C)o.~ .; . ~ ::s (,) u ~ ~ ~ B -l!l ,.. c ~ j .8 .. :5 .2>"'" ~ :I: 0 , < , , , .. "" '" .!i "" .. <0 ~ on :: ;::: . ~ ,.: ~ "" 0 C .: U >< C) :! . ~ .. '" e . I 3! " e lI) (,) " 0 0 . . . . ,. ~~~.Je..t>.GIder.tkfeorNlt~~. (\ SidewaJk Curb C&G 0 LOCATION so. FT. LN. FT. LN.FT SQ. FT. "'475Mono 30 '475 Morro Way 39 AIF -1475 Morro 205 2700 Qual Knoll Rd. 55 63 2699 QUail KnoI Rd. 52 2699 QualKnoI Rd. 156 . 2730 Qual KnoB Ref. OnMorro 15 12660 Qual Knoll Rd 15 . 2729_ C~. 215 .: 2729 Gokfen Cr. 4. . 2729 Golden C;. 5 . 2869 Golden CTr. 20 2650 _ C;. 5. 2660 Gotden ar. 18. 2670 GOlden Cfr. . 150 2720-GoIden CIt. 75 Off 500:< ,Ave,.,. 58 .. _>W'O~""".Ave 72 32976 Serena OnM8xonA~ 72 15731 La Rd 35 n 15731 La Rd 25 S 110 GIancMew Ave & Sttadow Mtn Ln. . 15730 S/Iadow Mtn La 144 15690 Shadow Mtn. I.n. 18 15610 Shadow 14tn. Ln 2. 15601la Ave 8. 9 15851 Laouna Ave. . 48 1573' una AYf) (on Gland~L. 2. 5 15720 laaunaAve '.2 1572"1 Lake Terrace Dr on Grandview' 3. . .. 15751 Lake TemtC8 Dr. Ion GrandvleW) 36 15720 lake Terrace Or. GO ,-,. . 15650tar<<t Terrace Or. 2' 15200 Grand Ave 18 15162 Grand Ave 145 300' SIO Sandcastte Dr. on Grand Ave . GO 50' NIO 8andc3stJe Or. on Grand Ave) 90 . C/O Machado 51 & Grand Ava 12. ..... EIO GnIncI~ Madlado.!;Q s. . -.'- .. . 650' EIO Grand Ave on MachacIo St 84 15100 Tiler In 325 . 32800 Keel Or 22. AIF 32810 Keel Dr. 84 152GO_CI 236 llli._C! 42 48. 15150. 'IMdover Ct. s. 42 15160 Vwtndover Ct 78 15140 'Mndover Ct 72 48 15'01.'MndoverCt .. 48 54 15111 \"'MdoverCt 48 15121 WndoverCt 36 42 15131-Wndover Ct 72 15151 VYindovet Ct 18 15161 'Mndover Ct 54 48 1517,"\I'dndover Ct GO 48 15171 WndoverCt 138 NF 32870 Keel Dr 54 AIF 32870 Keel Or 3. 15161 Wave Crest Dr 114 42 15131 WawI C_ Or 54 . C/O Sandcastfe Dr & Grand Ave 84 33150 leeward 84 36 33154 leeward 42 30 33166 leeward 120 "" (\ n ",,.,,.. . sL/ ACENDA \TEr.,~. .:::;5 PACiE '1 -, OF an..0der.~~PJ.- . . Sidewalk ClRb C&G LOCATION sa. FT. LN. FT. LN.FT SO. FT. 32<145 ~Dr. 42 32495 Ca Dr. 60 19841 Palomar Sl 102 32405R uet Club , ton Palomar St. 132 32400 Racquet Club , (On Palomar Sl 122 32400_Or. On_Sl 102 32400 Somerset Dr. On_Sl 120 1 32400 Sorriene\ Dr. On_Sl 90 . 125'tIIO~donSl OnPalomarSl . 150 . 12O'tIIO st en_st 200 295' NIO st On_st 25 375' W'O LakOSIdo Or. On Sl 60 500'00. Mission T'" On o Rei. 18 350" W'O Mission T... On llIomond Or.) , 22 31788 Coslno Or. , .. 31m Casino Dr. 58 31738 Casino Or. 208 31738 Camo Or. 80 31712 Coslno Or. 58 . 31712- eamo Dr. 78 . 31108 casino Dr. .. 31805 G~Sl 100 '500'WIO Hils/On_eo 135 300' W10 eo Hils OnRoln>odC 25 AIF 301 Summerhill Dr; 0) 55 AIF 301 Summerhll Dr. 25 RaBroad ~ & SummerhIf .1" & Out Bu . R_ n. & Summerblll..Jn & Out Bu or . 265 Auto Center Dr. . NF 1611 Ave. 9 . 100 .NF 1611 Ave. 9 25 329 AVe. 6 90 319Aw.6 '5 335 Ave. 5 I. 20 348 Ave. 5' 78 339 AVe. 4' " 90 2. 80 ~ 320 Ave:.. .5 35 1101 Park Ava. On Avenue 4 -- .2 981 Avenue 3 88 .. : 309 Avenue 3 12' 318 Avenue 3 152 .. 308 Avenuo 2 90 . 318 Avenue 2 10 309 Avenue 2 105 3. S< .- AClENDA ITEM NO; . PACE So u u u 'y..\ OF 55 n ('1 (1 City of lake Elsinore 2004-2009 Capital Improvement Program Project Description Project ID No.: Project Number: Project Type: STR-0017 Pavement Repair and Overlay Description: Replace existing minimal pavement and some drainage improvements Location: Larson Street from Machado Street east approximately 1,100 Feet Actuello Fundina Source Date 200412005 200512006 200612007 200712008 200812009 Total Pub.lmprv. in Lieu $25,000 $25,000 tI605 Unfunded $270,000 $270 000 . T alai Proiect Cost $. $25,000 $270,000 $295,000 Actual 04/05 05/06 06/07 07108 08/09 Total . Desion . $25,000 $25,000 Env. Permit $1,500 $1,500 .' RIW $3,500 $3,500 Admin $12,000 $12,000 Construction $230,000 $230,000 Continoencv $23,000 $23,000 TOTAL . $25,000 $270,000 $295,000 NO 3L\ AGENOA\TEM~/'- 55 ~ PAGE ../ OF. - . ( J\' .. ') .. , rHIS MAP IS rOR 'ASSESSMENr PURPOSES ONLY - t, RLLB @) :i > " , , ... ... . rt. ~ . fD- G' .. ~) A<:<:~<:<:nl7~<: Ml1P 17K.'I?9PG08' POR LAGUNA U RQ (jin V!V 4 Ni -LEACFf . '''6!FD''f . PII'/oI4'@i . " Ll4Ac:Nt. .0 ;,'4~ ... . I PAR8 ~ '" I S '@ ." " .., . " .. ',.,fiAC" \Jl "'I,' , .., ".UACNT. 1,3IACt,.' ~ I '. '. 1.31A&NT "'1 .", , . -:', 137./0 ",' : ..... .. lit ..", . . ~ I ", -i .. ~.~. 1~7. ~9.1.' .. ~ 3 PAR+/:..... .' "I @i:7/ t: . '/'/8'#'" " .. '1.~Ai:NT. N . ..I .' lJo I. Ilrr..~. . "- , 14' , PARI' @ '\ ~ iii . \) ~ ~ ~ . ~2 52%. '1;)' l € .. ;; li! .. ." .. '- PAR.I B BlK @'@) :G41 M'~ 1.~2 :$1. 4,..;~':;NZol) At/% . \1>', ..' 1\5 0.,' ~ ".' .S', "\ ....~ .. !i ~ '" .. u @ e..62Ac.r. /ftC: #,... .....,;. Pii"4 ,JS' ./t. " \ 10 .~ .. ..@...-L .1,51lA.:f %. I' ....@ '" '" . ... ..... I.DOAC..~ .. .. .. . = ' ... r'." i " . ",,-'i'- . 1.--' /IM./VT6- ;, ...., @: :.; i.. . ,. >t> .-- I ,. . , . . " PM /42/9 p,~ P.M /43160. . 3Y. . ACENDAn? .' '5~', "< . PACE ;),OF . (\. \ A I"~ "'-. ~IN ~l1 5S City of Lake Elsinore 2004-2009 Capital Improvement Program Project Description u Project ID No.: STR-0018 Project Number: Project Type: Pavement Repair and Overlay DescriDtion: Pavement repairs, asphalt overlay and traffic striping Location: Franklin Street from Main Street to Avenue 6 .',' Actual to Fundin!! Source Date 200412005 200512006 200612007 200712008 200812009 Total PMP $33,000 $200,000 $233 000 Gas Tax#110 $182,000 $182,000 . ) " , Total Proiect Cost . $- $33,000 $382,000 $415,000 . Actual 04/05 05/06 06/07 07/08 08/09 Total Desion $33,000 $33,000 .Env. Permit 0 0 RIW 0 0 Admin $17,000 '. $17,000 Construction $332,000 $332,000 Contingency $33,000 $33,000 TOTAL $33,000 $382,000 $415,000 u i AGENDA ITEM NO. 3~ . . PA<iE...5L~ - ~ - -,':'-- ~ c, cz 0' , , ;Z:, 1--1' (/)! --1' I ~-~- " I ~~r~- - l-~'''<.J ...... ~ , /i. I ~ \ ' " J' <e,)' I --l I (......-, { I \ , > -, I I 1 I 'I I '"l I I I I I , I I I 1 ~'12 r--..., I ~II-"- t \ I'" ll) I I I ........-, ~ "', J I 1 I I " \," \ ~ /1 \ ' .;.r- I .:>.._____-\ (- I ) J \ .../ L' !....r'r , , '9 , \ " 'n , , - -". "..--:;." -- ~--- ',', ,::i; . ~h " t! ,.i , s II coli -11 () U' (j n . CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL. TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY; CITY MANAGER DATE: FEBRUARY 8, 2005 SUBJECT: EXEMPTION TO BID PROCEDURES BACKGROUND In November of 2003, the City Council (!dopted Ordinance No. 1109 amending and restating Chapter 3.08 6fthe Lake Elsinore Municipal Code regarding "Purchasing," and adding Chapter 3.10 (Informal Bidding Procedures for Public Works Projects) and 3.12 (Surplus Property). n DISCUSSION As part of the mid-year budget adjustments approved by the City Council was the authorization to purchase two (2) personal watercraft for use by the Sheriffs Department for Lake Patrol. The Sheriffs Department has requested that the City purchase the Sea Doo GTX 4- TEC model as a result of their research. The GTX 4- TEC provides better buoyancy and stability when citing or addressing lake users. The GTX 4- TEC also generates the least amount of spray/splashing when in use, which is vital in the protection of firearms and other policing equipment. Chapter 3.08.070 (F) - Exceptions to Bid Procedures, allows the City Council to authorize the City Manager or the Purchasing Officers to bypass the bid process required under this chapter for purchases greater than $15,000. (\ Staff is requesting that the City Council authorize the exemption of the formal bid process (3.08.200) and allow staff to utilize the "Open Market" purchasing process AOENGA iTEM NO. 3 S PACl:~OF -=!:- (3.08.100) to simplify and expedite the purchase of these units identified by the Sheriff's Department. FISCAL IMPACT u The funding for the purchase of these two units ($24,186) is available as a result of the mid-year budget adjustments. RECOMMENDATION It is staffs recommendation that the Mayor and City Council grant an exemption as per Chapter 3.08.070 (F) "Exemptions to Bid Procedures" for the purchase of two (2) personal watercraft for Lake Patrol PREPARED BY: APPROVED BY: . APPROVED FOR. AGENDA LISTING: David W. Sapp, Director of Community Services a......-- ' W. Sapp, Direct " '. AGENDA ITEM NV. PACE cl u u ]5 OF-i-- Seadoo Watercraft Page 1 ofl (\ I I ~ " , ' ,i , " "I"~ ~ lemfV~;!~ingfhe[lellillll: '.s~'1S..3E1D:' MUSCLECRAFT Ski~y~ ~ LUXURY PERFORMANCE :.. ~ GTX 4- TEC Limited Supercharged :... GTX 4-TEC . Introduction Specs Benefits Photos Reviews RECREATION SPORT ('\ Technology Showroom III GTX 4-TEC With a big brother like the no-holds-barred GTX 4- TEC Limited Supercharged, you might guess the 2004 GTX 4-TEC learned family fun from the very best. Of course, it doesn't hurt that it's built on the best-selling platform in the industry; In fact, our GTX 4- TEC'" was the winner of the prestigious "Watercraft of the Year *" award for 2002. And it's all about leaving your troubles behind and getting in some serious family fun, from its Rotax ISS-horse engine, to its fuel efficiency and low emissions, to its largest-ln-c1ass S2.6 gallons of storage. Round out the package with Innovative Sea-Doo features such as a 16-function Information center, SeaDoo Learning KeyTM, and Off- Power Assisted Steering (O.P.A.S.TM), and it's easy to see why fun on the water never gets old with the GTX 4- TEe. Manufacturer's Suggested Retail Price: $9,599.00 *As awarded by Watercraft World magazine Disclaimer Because of our ongOing commitment to product quality and innovation, we reserve the right, at any time, to discontinue or change speCifications, prices, designs, features, models or equipment without incurring obligation. III Top ('\ (I . @ Bombardier Recreational Products Inc. 2003-2004 HlIUam:OC91TlJ . ",", ,';',;_ .:';o'.c:' , off-Power ilss.. $l:eering,(Q.P.A As.~I$ts steet1ng ~ off-pOWer 'as.we! off-ll1rotUe sitUllt Related Produ, '..i...~-.I--...~....Iladi€ 'I ' ' Free\ j' , ' '. P.F.C I__~_~__._ $99.! Contact Legal~tic AGENDA ITEM NO. .3 ~ PAOt! <'3 OF-.!:f- http://www.seadoo.com/en-US/W atercrafts/2004/Luxury.Performance/GTX.4- TEC?Intro... 2/2/2005 CITY OF LAKE ELSINORE MID-YEAR BUDGET REVIEW REQUEST FOR CONSIDERATION ~-..J:;::.._ LAKE PATROL u The City currently utilizes four (4) personal watercraft (PWC) to supplement and expand lake enforcement and patrol activity. The first two (2) units were purchased in 1999 and are manufactured by Sea Doo. Each of these two units has approximately 350 hours of use on the lake. The hours, as well as the type of use, has been hard on the two (2) units with the majority of the time the See Doos being pushed to full capacity in enforcement pursuit. .. The hulls and engines are worn and in need of replacement. Sgt. Sharp has requested that. two (2) Sea Doo GTX 4- TEC units be purchased to replace the existing Sea Doo . watercraft. GTX 4- TEC GTX 4- TEC . SUB TOTAL TAX SUB TOTAL PAINT & DECALS TOTAL $ 9,599 $ 9.599 $19,198 $ 1.488 $20,686 $ 3.500 $24,186 u u ,/ AGENDA ITEM NO. 3 ~ PAO!~OF+