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HomeMy WebLinkAbout02/22/2005 CC Reports A B. ~, ~.. -CITY OF LAKE ELSINORE , CITY COUNCIL AGENDA :-,,_' <, .. .... " '.c", ," ,.' .'.'.' .' .'.' .'.' .. ',.'. -.c".,_.... ':, ",',."",,_._:. ,:-,,:.:.-,<_ ...0....., ,,'_ .,-..,',: .,C::','.', ....:.'.' .' ~OJJERT:E;~;'BOB"a~1AGEE:~Y()~:-"'-- '.:.,,-':.,:-.,--.:.," :--<--"":' '-"'.' ROBERT L. SOIIFFNER, MAYOR PRO TEM THOMAS BUCKLEy, COUNCILMAN DARYL HICKMAN, COUNCU.MAN GENIE KELLEY, COUNOLWOMAN ROBERT BRADY, CITY,MANAGER .. .,--, .' - - 'WWW,LAKE'ELSINORE.ORG (951)674-3124 PHONE (951)67~2392' FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 * *,**:*:*t *** *** ****~ *,** ******** **,** ******************* *** **** ***** ** , : "r ' ' TUESDAY, FEBRUARY 22, 2005 - 5:00 P.M. 't' .' ., CALL TO,ORDER ROLL CALL CLOSED SEssioN' 'PUBLICEMPLOYMENT(GovemmentCode Section 54957) Title: City Manager, C()N:I!'I:~NCE WITHiLEGAL COUNSEL,~ EXISTING ,[.I'FlG1\TI()~;(GoV(;lrn.p1entCode Section 54956.9) Larios v. Santiago, 'RiversideSupetiorC()urt,CaseNo. TEC058066. ' >:. ',-' ."..':-...... '--', _":' < ,"- ' ,'.' '.'i,............., ", .. . .' ': . -~.'. CONFERENCE WITH REAL PROPERTY NEGOTIATOR ,:1(Oov~riunentCod~,Section54956:8) "." ' ,'Rroperty: A.P.N. 377-J80"937 (Silver St.IMmthom Street) , ,Negotiating Parties: City of Lake Elsinore and Redevelopment Agency of The City of Lake Elsinore, Under Negotiation: Terms RECONVENE iNPUBUC SESSION ('7:00 P.M.) C. .. ,. . ',- " ,,','-', ", PLEDGE OF ALLEGIANCE " . . . .... . . '.' .' '. . . .... . -. -.. .,' .. . . ". .,-...-......,........ ..... ... , " INVOCATION+l\fOMENTOFSILENT PRAYER Page Twe- City Council Agenda - February 22, 2005 ROLL CALL PRESENTA nONS/CEREMONIALS A. Proclamation - Pastor Fred Rodriguez. B. Presentation ~ RDAComlI1itieeMerriber"Wilseyf C. Proclamation - 100th Anniversary - Rotary liitemational. CLOSED SESSION REPORT - PUBLIC COMMENTS - NON-AGENDIZEDITEMS-l MINUTE (Please read & complete a Speaker's Form at the PodiulI1, prior.tothe Start of the City Council Meeting) PUBLIC COMMENTS -AGENDIZED ITEMS..,.3MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member ofthepublicrequestsseparateactiononasPtlcific item.) I. a. Minutes, . , . .... :J, Joint City CounciIlRedevelopment Agency Study Session - Jan~ary 20, 2005. . I Joint City CounciIlRedevelopment Agency Study Session..,. January 25,2005. b. RECOMMENDATION: Approve. 2. Warrant List - February 15,2005. RECOMMENDATION: Ratify . I, ,. ...".,.,-,'.-, .,.....,i ..,'" "",,' .'..,.,..'c.,..... \;,',': '..:'_,,"',- :"J'" .. .. <,-. ,.,','" .. '-.. ..',....: ';'-.. :,-- .. '-" '-, " .. . Page 'Ii"FI)l!J~City CouncilAgenda-February 22, 2005 ':l::: -', ' '. " : .., ,', ",' '- .....',- - ..' .. . .. .,j~::' >\P' 3. . Corrected Investment Reports: ~.., '" ,-, . ' . a. b. c. . d. e. f. Jl1ly, 2004. . . . Allgust, 2004." . September, 2004. October, 2004. November, 2004. December, 2004. RECOMMENDATION: Receive & FiJe. 4. Claim Agains(the City - YvetteD. Fuentes (CL#2005-8). '." . .. RECOMMENDATION: Reject&RefertoClaims Administrator for Handling. 5. Bypass Formal Bid Process for Additional Purchase of Rip-Rap Rock for Il~vee Repair.' . '. <t(:i;',~' f' RECOMMENDATION: " . Approve Waiver offormal Bid Process. .. 6. , Exeniptionto BidProcedlires -City Hall. RECOM!v1E}'\ffi)A1HON: " '.GrantExemption.. 7 . Exemption to BidProcedures- GJ.S. r>ivisi()n Trailer. RECOMMENDATION: Grant Exemption. K 0ontractwithP.M. SerVices for Professional Engineering Services. RECOMMENDATION: Approve Contract and Authorize City Manager to Sign. 9. Agreement withCentex Homes for Reimbursement of Drainage and Street " IrncprovementCostsforth~Construction6fMasterPlanned Storm Drain 'g~cili~i~~icm91'r!!fficlrp.proyementfundProj ectswithin the Ramsgate '~Pec:ific.,RIMA.fea.' ., . "f'" '<0:':., '. "-';" { Page Fo~ City Council Agenda - February 22,2005 , I RECOMMENDATION: Approve Agreement,& Authorize Mayor to Sign. 10. Approval of Final Map 25478 - A Residential Subdivision by Centex Homes located northeast ofl-15 and southeast of State Highway 74 offof Rosetta Canyon Drive in the Ramsgate Specific Plan Area. RECOMMENDATION: Approve Final Map subject to City Engineer's acceptance, accept dedications and authorize recordation; , 11. Quitclaim Deed for a Remnant Portion of Railroad Canyon Road; RECOMMENDATION: Approve Quitclaim Deed. PUBLIC HEARINGS ,J 21.' ,Tentative Parcel Map No. 11901 - D &DCattle,.LLC.-Collier Avete between Central Avenue and Chaney Street. ';'i; ~, . RECOMMENDATION: Approve Tentative Parcel Map 31901, based on Findings & Exhibits and Subject to Conditions of Approval. 22. Declaration of Weeds, Rubbish, Refuse and Dirt asa Nuisance - Property Owners to be Notified - Resolution No. 2005-15. RECOMMENDATION: BUSINESS ITEMS Adopt Resolution No. 2005.15. 31. A Resolution of the City Council of the City of Lake Elsinore declaring its Intention to Order Vacation of a Portion of 3'd Street, East of Collier Avenue - Resolution No. 2005-14.. RECOMMENDATION: AdoptRes()lutionNo.'.2005~ 14; . :-r. \ 1 P~~eri~~()ity CouDl~iIAgeMa-February 22,.2005 ofQeIlerlllJ>lan Advisory Committee. RECOMMENDATION: Ratify Subcommittee Recommendations. 33; Request for. Proposals: Branding and Public Relations/Marketing Plan. ~.C.oMMENbATION: Issue R.F.P. and Appoint Subcommittee to t:' Review and Report Back. ><~;':' ..,' .,' ,',-,,- ',-,,'-,-,: '-.,'<"',,:, "-' 34. Amended AgreenuintforCampground Concession to Include Operation of Seaport Boat Launch. ' ' - REQOMMENDATION: . Approve Amencled Agreement and . Authorize City Manager to Sign. 35... Lake Elsinore ReIltalHousing Safety Program- Ordinance No. 1140. RECOMMENDATION: . .. Adopt Ordinartce No. 1140, upon First Reading by Title Only & Direct Staff to Prepare Resolution regarding Inspection Fee Schedule. 36. ,$electioll()fRecruiting Firm for City Manager. RECOMMENDATION: ConsiderSubcommittee Recommendation. 37. '" Fire Station Naming c:. StatiOIl 94. RECOMMENDATION: Confirm Committee Recommendation. r PUBLlccOMMENTS..,.. NON-AGENDlZED ITEMS - 3 MINUTES .. .. ':"-'-'-.' ,',': - ,-'..",_-.:,#"".',.;. ':...~.>:-..,.:. ,"--- :-'..:"" .:' :.<."., :.,: --.. "'-",,:: "-:'_ :,'.,"__ ',-".." .c..,:,__..:: .." :,' " ':' ,_ "._ :, _.. ,';.,"..,' .., '.. , ... '. ' (Pleas<: tead.&cpmplete a Speaker's Form at the Podium, prior to the Start of the City CO'Uncil Meeting) , '. . ;-, ',.......,....,.....,:.,..,......,.:.::....:,..,.......,,','-.'-,-, ."", ',. .. ::'-_:;,(:~,:,:::::","-_:,'-'_:;",:":'p,-,":'",,,,' ':.,..... ;". '. ...-.. ..'...,. ..;-" CITY MANAGER COMMENTS j:<""'" CITY ATTORNEY COMMENTS Page Six~ity Council Agenda - February 22, 2005 COMMITTEE REPORTS CITY TREASURER COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT - 1 i I -I 1 ,\- ~:':~." ~ ~"'~" ~V~">;";':!'" i'i " '. ',' ~J;:f;:;"t,:t',:,::: , . . :,)':,,' . ..:::/::;!:.'.\,\;.......,. .., ' "-""': '''d__'' -".:_,". ,:/:j;:, }', :);::::l::i/';, ., , <,,',,', 1\\, '~", , " ",' t l~\i'_nt,' "' < '"" I. " <;1 ' , \ p; " 1 ..,,1 ;1" ' 1 "1 . !if, Ih /, .". ,,;<,ii'{I,n; i, ,:. . , ;'/'" ,)jl'\'" ,. ' " ',' ' .-",\"'1 \";':1'" "'fE"'Z' F'J'L' /l:':1!J' ;"1,1, '\, ld" '1 ' 1:"'.[ f j I' If,' ',t : 'f ,l "~; ,)\">.'d' : ': ,\ I,:. I',i ' \. 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""'\ "', ;~q ;,) r, .::1 "iJ .-i? , !i ' ~ ' ,~ '; , 'f:i:'<:' <:';',-':-(i''';;;'(i''\,,''':'' RO~ERT E. ~~J)JE;i~:VO~ CITY OF<LA~:~~~~,O~ . ., '-:;' .,' "i!' j!; . .iif' " :;;,,',!': (.r. :\;) , it! , ~, \. ;,': /!li'( l,f" H\\~~: ; i//!/ \Wj, iil//' ., ',',' ~ AGENDA .TEM NO. PAGEL OF--L-: , , 'H' "[!f,; \ t~""l')\\\l ~~,"" l ,I ,.' ~ j l" ~ji\l ", " \. ~\ ',:' "",~ ~,,~\(:i({((:(((;I:, ,;', \V:HF)lUlA'-~I,:;r""~1 '~Q~ ,)i1tllmatipl;1al' :$Wt#~"at the ;\\i(#~*!~~'~#W~f'i)ne ma~ L.~WY,et!P~t~}'~~~~, ,who, 'il1i~,~~~di:~~~~~j~~ ap ,\[1l(~ ,," \:~~r 19.G5, 'm~tlIlg:,'#1tlt\Wi'e~:.bjjsmess assocI!lt~:~m!k~#I~1,9))fice I!)~tir 1\' '\wn:F?-nic'~gd. H'ri.{f" 'j> :ll~iJl/,' ~ '}\'~l'n)'\,)!~"J;; J \>~lt\i, \ l I '\I'~ .... < ",~'1, i ,It'l f" ,. ,i'<"l{l!'" I \\1'''\'1 LI'l~\l}, ,. >l " " , !' \,~:IJ\' ~ l' . , "\ '\'\'1"'1' ',';' "d';!(\'I"\1 d{\il\'(pi.. " " I :,' ','l' 1'1 ,1f " ,I ,{,',"; i/l :{It: '. _ , '\' \ \" \' -' 1\ < I' \ " "1'( " " Di.Ul! /'.<,,'1, li!i;liJill(;\'!I!(,\:Ui:' . 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"J,.J~,~~~~.1Ui~ '1n;Jl",n~~:w~~I)~'t7~;{'''1.'.'''' );i;~~~ :)':~t ~E1:~I'f;~' .~~:p~J J:LSINORlij;",~;~: ~~~~',I~f' ~f "~~b 'I :'l'})~~~INI~.;~er~jj;y,:l).qnp(; an(iL~~mn:end tlie'~@~i:I;t\I;~~~,~~jQI1~I\ ;,,'R'~\~ ,N1'A~~~~versary'Jin'd 'e'Plpinl'lnd theIr eff~s,bQth:\l~\tlie 'P~1:)\'.9f'. .'.It\it&\'SI~\~m'i~,ah\:lworldWide. .',: '" , ' '. ':"'.:, f', ' ," l:: ",l!t 1,"( 1:1;>)'; '. ' , t I 'l '" j;;'" I, I i ", " ~ , ' , \ ( '. oj" , _ , \ 1'\' ,j ,i Ii "'\\t\)\ )~ ~ " ' \ ' :, \ <' ' /; / flil!il! Jd..t,()/J, f (,,' {! , "/ ' " j , "j'" ' -"'\'\\',\1",\,,' t'" 1.'\'1,\,. { . ,"' : " ,," t" ,J'II iJlIl :'!;' ,'t il""; " "f 1,/\)' .,", '.- (,,';~h\( 4'1",\\1' "\ I"~ 1''< ,ll{II>" " , ,i'1 ';, / !" ii, }j, ~: \ I ~ j \ \ ' " ~,', ' " " , 11(:\-(;',{ "(i:J;,{frifp',' , ili::!!I:::!:!:!!;;1!!!!:)!!:)'!,': . ",I.E':" , . "';;,;':i~d;i!//;:),;;'i;,\ ,', Ro'BER:t'E' M~tifEF;!;'MW~t!)Rr .: !~,;,'.:~)t/:!)\{;) ,'" ;;"\\::~', "':,, L :';:"\ '':'1.'-r-:\';\?N}(!\:'~:'''~:~/-' OF {\ MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 20, 2005 *************************************~*********************** CALL TO ORDER Mayor Magee called the Joint Study Session to order at 5:02 p.m. ROLL CALL PRESENT: . COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, ,MAGEE nABSENT: COUNCILMEMBERS:BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Finance Manger Magee, CommunicationJInformation Manager Dennis, Public Works Manager Payne, Recreationrrourism Manager Fazzio, Parks & Open Space Manager Fazzio, Planning/Code Enforcement Manager Villa, Building & Safety Manager Chipman, Engineering Manager Seumalo, Police Chief Fetherolf, City Treasurer Weber, and Deputy City Clerk Ray. PLEDGE OF ALLlGIANCE The Pledge of Allegiance was led by Donna Franson. PUBLIC COMMENTS None. n Agenda Item NO._\ .0..' Page I Of---ID- PAGE TWO STUDY SESSION MINUTES - JANUARY 20, 2005 u DISCUSSION ITEMS Mid Year Budget Review Mayor Magee deferred to City Manager Brady. City Manager Brady gave an overview of the item. He indicated that it was to identify various funding sections of the budget, which included Capital Improvement Projects. City Manager Brady indicated that in June, 2004, the City Council did approve a balanced general fund budget that had revenues exceeding expenditures by over $340,000; and the City had a unallocated revenue balance of $2.1 million; and a . reserve of $3 million. He indicated that the mid-year budget remained balanced and had revenue in excess of $150,000 over expenditures. City Manager Brady deferred to Administrative Services Director Pressey. Administrative Services Director Pressey gave an overview of the staffreport and U proceeded to guide Council and the public through a slide presentation. He noted the budget highlights for FY 2004-2005. He noted the increase in public safety of $2.1 million, Community Development of$l million, Community Services $584,206; and the City maintained $650,000 for Lake water. He indicated that City staff had maintained the budget goals. Mr. Pressey indicated that the City adopted a budget of $24.4 million in revenue, $23.1 million in expenditures; and the General Fund had $912,000 allocated for Capital Improvement projects, which left a more than balanced adopted budget with an excess of $343,954 available for other expenditures during the year. Mr. Pressey gave an overview of the General Fund unallocated revenues. He indicated the total fund balance was $14~7 million, less the reserves in place, with an unallocated revenue fund balance of $2.1 million. He noted that last year at this time the City had estimated the ending balance to be about $1.8 million. . He indicated that carrying that unallocated balance forward to July 1st of 2005, taking into account the items Council had adopted revenue, minus expenditures the net access of $343,954 would leave the unallocated revenue at July 1, 2005 of$2.5 u Agenda Item No. \ I /lL.o Page :2 OfJ1L GAGE THREE STUDY SESSION MINUTES - JANUARY 20, 2005 million at the beginning of this year. He indicated that the unallocated revenue projected for June 30, 2005, was $1.5 million. Mr. Pressey indicated that the General Fund Reserves and Unallocated Revenues " projected for June 30, 2005, were $4.5 million. Mr. Pressey gave an overview of the Mid-Year adjustments. He indicated that the Property Tax and Motor Vehicle in Lieu (VLF) were a swap. He indicated that per the State Budget adoption they were performing a triple flip on the VLF in addition to the sales tax, and at the time of the City budget adoption that aspect of the VLF was not known. He indicated that the City would receive an estimated 92% of the VLF monies via property tax this year; and next year it would be a permanent part of the property tax allocation and the City would only receive about 10% on a monthly basis from the State on VLF. He indicated that the City would receive Booking Fee revenue estimated to be $138,400. n Mr. Pressey gave an overview of Budget Overview Expenditures. He noted the adopted budget and the adjustments to be made and the projections. He noted the increases in the General Fund, RDA, and CIP Budgets. City EngineerlEngineering Manager Seumalo gave an overview of the CIP Projects along with a status update. He noted the location which had traffic signals completed. He noted the completion of the Lakeshore Drive Bridge, Lake Destratification System, Annual Curb, Gutter & Sidewalk Repair Program at various locations around the City, and Fire Station #10 concrete repair. - Mr. Seumalo gave an overview of the projects under construction. He noted that the Pavement Management Program was approximately 50% complete. He indicated that in regard to the pavement overlay, he was informed that there was a meeting scheduled with Riverside County, they were going to have a preconstruction meeting with the contractor. on Monday; and construction would start in February. 2005. Mr. Seumalo gave an overview of the projects in process/design. He indicated that ("1in regard to the Casino Drive Bridge, staff has been waiting for Caltrans to submit Agenda Item No. \, Q . Page 3 Of~ PAGE FOUR STUDY SESSION MINUTES - JANUARY 20, 2005 U environmental comments; ,He indicated that staff would continue to call them every two weeks. He indicated that the design for the traffic signal at Grand Avenue and Broadway had been completed and approved by staff; and staff would complete the contract documents; and the project would be going out to bid in the near future. He indicated that the anticipated construction date to start was March, completion in May. He indicated that in regard to the Railroad Canyon Road and Interstate 15, the project report was delayed because Caltrans' process of confirming. He indicated that they had audited the project report engineer. He indicated that staff felt it was important to audit the engineer, because if Federal funds become available staff could apply if the audit was completed. He indicated that the audit report had been completed and the engineer had begun his study. He indicated that the Machado Street Improvements were not funded for this year. He further indicated that staff had been in contact with the County since the street left to complete was owned partially by the County and the City. He indicated that staff would be coming forward in the near future with a staff report for Council consideration. He indicated that the Spring Street Curb, Gutter, and Sidewalk were in design andU would be constructed in Mayor April of this year. Councilwoman Kelley indicated that on the Interstate 15 and Central Avenue improvements, Caltrans had stipulated that the interim improvements required of the City should be ready before occupancy of either Costco or Home Depot; and she questioned the timing. Mr. Seumalo indicated that he had spoken with a Home Depot representative; and a meeting had been scheduled with Caltrans to solidifY when they would be allowed to open. He indicated that currently there were differences of opinion. The City understood it to be that construction had to be . underway, but their understanding was that funding had to be in place. Councilman Hickman questioned the funding to purchase the Burger King located near Highway 74. Mr. Seumalo indicated that the widening under the freeway including Burger King's frontage was a permanent improvement that would be utilized when the interchange was complete; and with that argument it would be taken to WRCOG as a TUMF reimbursable cost. Mayor Magee indicated that in regard to the interim improvements on Interstate 15 . . and Highway 74, Caltrans did nothave the ability to instruct the City on issuing Agenda Item NO._\ ,fA., Page ~ OfJJL 'u (\AGE FIVE STUDY SESSION MINUTES - JANUARY 20, 2005 occupancy to the builders. Mr. Seumalo indicated that they did have control over State right-of-ways, and unfortunately Home Depot's access was on a State Highway. . . Mayor Magee indicated that Home Depot had not broken ground and he was concerned with Costco and Lowe's. . Mayor Pro Tern Schiffner inquired if the funding for the Central Avenue area was from the share ofWRCOG.funds that went to RCTC. Mr. Seumalo indicated that Central Avenue was WRCOG funds and not zone funds. City Treasurer Weber indicated that the budget looked good. He indicated that the one time fees came to an estimated $5 million and once the City was built out those fees would no longer exist Administrative Services Director Pressey indicated that at build out the City would still receive a good portion of building permits because ("\ there would be constant changes. . City Treasurer Weber indicated that the revenue for theCIP was $14, 462,000, but the expenditures were $7, 748,000. He questioned the source of the CIP. Mr. Pressey indicated that the CIP identified all of the revenue sources for Capital type expenditures. He indicated that they were separate funds in the accounting system. Mayor Magee suggested reviewing the Mid-Year Budget Review Request for Consideration. He indicated that the first item was the Girls Softball T-Ball Field in Tuscany Hills Park. He suggested approval of that request. He indicated that he had a serious problem with the Cit)rHallremodel..He indicated that Council had . approved $31,000 and staff was requesting more funds for the project. He indicated that he would support the additional $18,000 for additional workspace; and he suggested postponing $19,500 to recarpet City Hall. He indicated that the request for the additional $19,500 was already spent and indicated that Council would need. to accept that budget adjustment; and he indicated that was not acceptable to him, when something was approved with a given cost, there should be a contingency plan built in and he would not bring a budget forward that had a 50% contingency in it. Mayor Magee inquired about the number of parking spaces that would be lost in the; n back parking lot for the location of a GIS Trailer. City'Manager Brady indicated it ;. Agenda Item No. \.0... Page S Of~ PAGE SIX STUDY SESSION MINUTES - JANUARY 20, 2005 ,l) would be five spaces. Mayor Magee indicated that the Lake Patrol was requesting the purchase of2 Sea Doo's. He indicated that the staff report did not address if the ' existing units would be auctioned off as part of the normal process. Conununity - Services Director Sapp indicated that the units would be auctioned off. Mayor Magee indicated that he had discussed with Police Chief Fetherolf his department's need for cardiovascular exercise equipment. He indicated that Police Chief Fetherolfs price was estimated at $5,000. Mayor Magee requested that item be added to the list. Mayor Magee indicated that last year he had discussed with Public Works Manager Payne the need for a trailer to haul the backhoe. Councilman Hickman inquired if the Police Department had a Health & Wellness package. Police Chief Fetherolf indicated that the Sheriff Department did not have an active Wellness Plan. '. ' Mayor Magee inquired if the request would come back to Council on a Council U Agenda for adoption and questioned ifit would be the first meeting in February. City ManagerBrady confirmed that it would be put on the,agenda for that meeting. Councilwoman Kelley indicated that over the past six months there had been local charities corning befc;>re Council with requests for donations. She indicated that Council had granted a couple and debated others. She suggested a program to be added into the budget for the next budget review. Mayor Magee suggested, establishing a budget based on the funds spent this past year and adding 10%. Mayor Pro Tern Schiffuer suggested establishing an amount of the unalIocated revenue that the Council felt they could afford to those charities and establish a budget; and ,when the charities came before Council, the Council would divide amongst them. ' City Manager Brady indicated that there was another item staff would like Council to consider. He indicated that it was levee repair, preventative maintenance. He indicated that during the last stormthere was considerable erosion of the . embankment of the levee where the inlet channel turns near the stadium. He further indicated that Lake & Aquatic Resources Director Kilroy had put together an estimated budget to address the issue. City Manager Brady deferred to Mr. Kilroy. Agenda Item No.J ' Q. u Page ~ ofL {',AGE SEVEN STUDY SESSION MINUTES':" JANUARY 20, 2005 Mr. Kilroy indicated that the erosion was caused near the levee entrance. He indicated that it could eventually erode a path to the old river bed. Mayor Magee indicated that the County had declared Lake Elsinore as a disaster area on January 11 th and the State followed suit on January 17th. He indicated that emergency services for Riverside County felt that there might be a potential declaration next week. He indicated that it allowed the City of Lake Elsinore to have funds reimbursed for damage: He indicated that the City would have a chance to recoup some or all the funds, provided that staff followed up with filing the appropriate FEMA applications. Mayor Magee referred to page 1 of24 ofthe first packet. He indicated that the second item listed under gOlilsrelating to the study session on Economic Development and indicated that Council had received an updated Economic Report. He indicated that Council had never received one and he had requested it in writing. a number oftimes. He referred to page 4 of 24. He indicated that he would ('~ncourage the City to partner with the Chamber of Commerce. He inquired if direct deposit for employee payroll had been completed. Administrative Services Director Pressey indicated that it had been completed. He referred to page 8 of24 under General Law Enforcement. He indicated there were 100 hours listed and the Council approved 115 hours. Police Chief Fetherolf indicated that they had. discussed individual bodies and bodies did not translate according to the original" formula submitted, they had worked backwards to come up with an hourly equivalent and he thought it to be less than 115. He indicated that he would check the information to be exact. Mayor Magee referred to page 10 cif 24 regarding Planning and Zoning. He requested the addition of the MSHCP Implementation. Mayor Magee complimented the Community Development staff on the attention to detail they have given this particular issue. Mayor Magee referred to page 12 of24 regarding the Rental Housing Program. He requested that City staff not spend any more money on this program, than .was absolutely necessary until after the public hearing. He indicated that the program might not disappear, but it would be significantly altered based on input from the shareholders. ('. Agenda Item No. \ I Ct., ~age 1 Of 10 PAGE EIGHT STUDY SESSION MINUTES - JANUARY 20, 2005 u Mayor Magee referred to page 14 of24 regarding the Community Services Administration. He requested adding the completed purchase of property at Palomar Road and Corydon Road and coordinate park plans with KB Homes for the Serenity II project as a goal. Mayor Magee referred to page 15 of24 regarding Animal Control. He indicated that one of the goals was to explore service options for animal control services. He further indicated that on December 15th, Council had requested that the item come forward; and he required a timeline for the item. Community Services Director Sapp indicated that he had received some information, an actual bid from the County to provide services. He indicated that he was in the process of completing what the cost would be to the City, if the City decided to fund and operate those services, which would entail the actual construction of a temporary facility. Mayor Magee inquired if there would be an appropriate contingency plan in that report. Mayor Magee suggested that it not exceed 15% of the total budget. Mayor Magee referred to page 16 of 24 regarding recarpeting the Storm offices at the Diamond Stadium. He indicated that he had asked specifically about the Conference Room and was told by staff that it was not going to be carpeted. He indicated that under the major goals section it indicated that it was carpeted. Community Services Director,Sapp indicated that he might have given the wrong information. He indicated that it was staffs intention to recarpet; and it was recarpeted; and it was completed. Mayor Magee suggested that the Council add the preparations and circulation of an RFP as approved by Council. u Mayor Magee referred to page 19 of 24 regarding reducing the percentage of City vehicles with more than 100,000 miles. He inquired if the elimination offormer Assistant City Manager Best's and former City Manager Watenpaugh's vehicles would significantly reduce the percentage figure. Public Works Manager Payne indicated that it would reduce, but the diesel trucks playa major part in the equation. . Mayor Magee suggested separating the bigger diesel, from personnel/utility vehicles. Agenda Item No.J .Cl . Page '3 Of )0 u ("":\GE NINE STUDY SESSION MINUTES - JANUARY 20, 2005 Mayor Magee referred to the Status of Selective Service Indicators. He noted that ' page 9, item No.8, staff neglected to indicate that it was a percentage figure and not that there were 27 vehicles. CITY MANAGER COMMENTS City Manager Brady commended staff on the preparation of documents presented to the Council for the Mid-Year Budget Review. COUNCIL COMMENTS Councilman Hickman inquired if the selection of contractors was going out to bid to a lot of business. He indicated that he would like to get most of the business into the City. Administrative Services Director Pressey indicated that staff did try to apply to all of the contractors. He indicated that staff recently was able to find a vendor (""for tires located in the City to keep the sales tax local. ADJOURNMENT THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 6:20 P.M. ROBERTE. MAGEE, MAYOR CITY OF LAKE ELSINORE ("1 L Agenda Item No. 1,0.... Page q Of---1iL PAGE TEN STUDY SESSION MINUTES - JANUARY 20, 2005 U Respectfully.submitted, FREDERICK RAY, DEPUTY CITY CLERK . " ATTEST: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR. CITY OF LAKE ELSINORE 'iU Agenda Item NO.J < Q, U Page )0 Of~ ( n MINUTES JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE " 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 25, 2005 ***************************************************~*~******* CALL TO ORDER Mayor Magee called the Joint Study Session to order at 4:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: mCKMAN, KELLEY, SCHIFFNER, MAGEE (\ABSENT: COUNCILMEMBER8: BUCKLEY (Councilman Buckley arrived at 4:15 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, Planning/Code Enforcement Manager Villa, Building & Safety Manager Chipman, Engineering Manager Seumalo, City Treasurer Weber, and Deputy City Clerk Ray. DISCUSSION ITEMS Mayor Magee gave an overview of the presentations. PUBLIC COMMENTS Bill Tiitto, Machado Street, Lake Elsinore, commented that staff had provided him >,' with the information he had requested regarding Diamond Stadium. He indicated that the Stadium cost $26 million, there was a loan of $38 million; he questioned the ('whereabouts of$14 million the difference between the cost and the loan. Mayor Agenda Item NO,~ PageLof~ PAGE TWO STUDY SESSION MINUTES - JANUARY 25, 2005 u Magee indicated that it was not an agendized item. He indicated that he would be available to speak with Mr. Tiitto after the study session Bill Tiitto, Machado Street, Lake Elsinore, indicated that there was a drainage problem on Machado Street. He indicated that no one from staff was addressing the issue. Mayor Magee indicated that it was not an agendized item; and directed Mr. Tiitto to speak with Public Works Manager Payne and Engineering Manager Seumalo. .', Bill Tiitto, Machado Street, Lake Elsinore, indicated that there was no conclusion of the discussion regarding funds City Treasurer Weber claimed was owed to the City by the City Attorney. CONSENT CALENDAR I. Minutes. u Councilman Hickman inquired about the Public Safety Advisory Commission Minutes; and if the Commission had met since November 10th. Deputy City Clerk Ray informed him that the Commission met once a month. He indicated that the Minutes had to be approved by the Commission before being brought to Council. 2. Warrant Lists - January 14,2005. Councilman Hickman requested clarification of various checks issued on the warrant list. . Staff clarified the items. Councilman Hickman indicated that the Mayor had requested the name be put with the Bank of America credit cards. Administrative Services Director Pressey indicated that this particular warrant request was already submitted before the Mayor made that request. u Agenda Item No. Lb. Page~ Of--11- (rAGE THREE STUDY SESSION MINUTES - JANUARY 25, 2005 Councilman Hickman requested clarification on check # 80438 issued to former Assistant City Manager" Best. Administrative Services Director Pressey indicated that it was Health & Wellness reimbursement. He indicated that she had submitted dental receipts. He further indicated that she had more on the books and was not paid that upon departure. City Treasurer Weber referred to Check No. 80438. He indicated that former Assistant City Manager Best was receiving $150 per month. He inquired how far back Finance went to give the rebate. . Mr. Pressey indicated that Ms. Best had a large balance; and it had accrued. He indicated that she would have been eligible for $1,800 per year. He indicated that it was almost two years worth. He further indicated that she had not submitted forreimbursement, especially during the political atmosphere surrounding the issue, she had withheld receipts'. City , Treasurer Weber indicated that he would be reviewing the issue. ' n 3. Claim against the City. No comments. 4. Updated Resolutions and Authorized Signatures for the State Local Agency Investment Fund. . i Councilman Hickman inquired if this was where Finance would nest the money to make the return the City was after. Administrative Services Director Pressey indicated that this was the long stailding investment vehicle the City had used for over 10 'years. 5. Resolution ofIntention to Annex property into CFD No. 2003-1 (La Laguna Phase 3). No comments. 6. Resolution ofIntention to Annex property into CFD No. 2003-1 (Alberhill n Ranch). Agenda Item No,-Lh- page~OfJl PAGE FOUR STUDY SESSION MINUTES - JANUARY 25, 2005 U City Treasurer Weber inquired about the dollar amount that was being generated thus far. Administrative Services Director Pressey indicated $51,000 was , budgeted and assessed for this current ye~.City Treasurer Weber indicated that this group was going to take care of the $2.1 million increase in safety for Police and Fire. He indicated that Pardee in Canyon Hills were paying $935,000. ,He indicated it seemed as though they were paying for the homes that were not there to pay for the Police and Fire. He indicated that when all the homes were built the City would get $935,000. He indicated that the City was only getting the money because the developer was paying that money. He questioned if other developers had the same type of agreement. Mayor Magee indicated that since April or August, 2003 all new homes were assessed. City Treasurer Weber indicated that Pardee was paying without the homes being built; and questioned if other developers were paying without the homes being built or if it would be a different agreement. Mayor Magee indicated that he understood that it would not take effect until occupancy. City Treasurer Weber questioned why this was not done with other developers. Mr. Pressey indicated that there were two CFD's U with Canyon Hills. He indicated that this CFD (police and Fire) was only paid once the homes were built; and what Pardee was currently paying was related to CFD 2003-2, as part of that arrangement they were to subsidize (by paying for a portion of the Fire Station). He indicated that the developer was assessed on the undeveloped land and unimproved developed land, a portion for the operations for the Fire Station. He indicated that there were development agreements with other developers, where the City required them to put in so much money. City Manager Brady indicated that there were a number of development, agreements and they were all different for each development. He indicated that the requirements for each of those development agreements, dictated to staffhow the project was going to development in terms of infrastructure, Fire Stations, etc. He further indicated that a lot of the development agreements were put together years ago; and staff was working through those agreements. 7. Resolution initiating proceedings and approving the Engineer's Report for the Annexation into LLMD Annexation No.5 (La Laguna Phase 3). No comments. U Agenda Item NO.~ PageLOfA {1AGE FIVE STUDY SESSION MINUTES - JANUARY 25, 2005 8. Resolution initiating proceedings and approving the Engineer's Report for the Annexation into LLMD Annexation No.6 (Alberhill Ranch). No comments. 9. Contract for Professional Services - Kobata & Associates - Swick-Matich Park Development Implementation Plan. Councilwoman Kelley inquired what was to be included into the plan. Community Services Director Sapp indicated that there needed to be a master plan of the park. He indicated that there was no drainage plan, grading plan, planting or irrigation plan and there were accessibility issues for the park. Councilman Buckley inquired why because the park was done. Mr. Sapp explained that the seating area was all concrete and there was cracking in the concrete due to some trees that were removed. He indicated that there was not a n planting plan. Councilman Buckley suggested since staff knew what needed to be done, they should figure out a budget and take care of it. Mr. Sapp indicated that there needed to be drainage plans, irrigation plans, etc to move forward; and due to the dollars that would be involved, it would be best to have plans and specifications to move forward. Mayor Magee inquired if the item went out to bid. Mr. Sapp indicated it did not. Mayor Magee inquired if the intent was to get the plan and staff would bIjng back the item before Council with a list of things staff would like to repair; with cost estimates based on Mr. Kobata's plan. Mr. Sapp confirmed. 10. Contract for Professional Services - Tom Griffiths, Aquatic Safety Research Group LLC- Recreational Aquatic Safety Assessment of Lake Elsinore. . Councilman Buckley inquired if this would form the center part of the Lake safety section of the General Plan. City Manager Brady indicated that this could be a component as staff continues through the process. ;. . Councilman Hickman indicated that Mr. Griffiths was running 120 days for his n report and 180 days for the final. He inquired if that was the earliest to receive it. Agenda ItemNO.~ Page~Of---I3- PAGE SIX STUDY SESSION MINUTES - JANUARY 25, 2005 u Lake & Aquatic Resources Director Kilroy indicated that the Public Safety Advisory Commission would like it shorten, but they gave him the option and opportunity to talk with the consultant. He further indicated that the consultant felt that as he went back and forth with staff and Council with issues, he would need the 6 month time frame to complete the report. Councilwoman Kelley indicated that there was some interest being expressed to have handouts that were distributed regarding Lake safety printed in Spanish. She requested that Mr. Kilroy include that in the appraisal. 11. PSAC Brochure approval. Councilman Hickman inquired if this brochure should be printed in Spanish. Councilwoman Kelley indicated that it was not necessary. She felt it was important that the rules on Lake Safety were bilingual. She noted that this brochure was an introduction of the PSAC. u Mayor Magee suggested that the brochure reflected point of contact as the City Manager's Office. He referred to the phone numbers provided for service; and suggested adding the dispatch phone number (1-800-950-2444). He indicated , that the number was for all non emergency calls. Councilman Buckley requested clarification that the PSAC served 2 year terms. City Attorney Leibold clarified that they did serve 2 year terms. PUBLIC HEARINGS 21. Resolution determining the validity !>f prior proceedings relating to Annexation of property into CFD No. 2003-1 (Serenity). Councilman Buckley suggested that Council acknowledge for current homeowners in the Serenity Tract that this was not a new taxon the existing homes. Mayor Magee requested that staff clarify that during their presentation. u Agenda Item No. I. b. Page~OfR ('\AGE SEVEM STUDY SESSION MINUTES - JANUARY 25; 2005. City Manager Brady indicated that there were some minor changes to the Resolutions regarding dates and there were some additions that needed to be included. He deferred to Administrative Services Director Pressey for an overview of the inclusions. Mr. Pressey indicated that the changes related to Item 21, Item 22, and Item 23. Mayor Magee indicated that there were $300,000 added to the first line item and the facility did not change. Mayor Magee indicated that a traffic signal would not cost $300,000. Mr. Pressey indicated that it was for two signals estimated at $150,000 each. Mayor Magee indicated that they were to put traffic signals at Palomar Road and Corydon Road. Mr. Pressey indicated that they did point out two signals; one bordered the County, so the County would be required to pay for half. Mayor Magee reiterated that was Palomar Road and Corydon Road. Mayor Magee asked Engineering Manager Seumalo ifhe was aware of a second signal KB Homes was required to install at that location. Mr. Seumalo informed Council that he was not. He indicated that the next closest signal was Ontario Avenue and Grand Avenue and that was a (\ funded County and City project. Mayor Magee indicated that $300,000 was not going to be sufficient; and suggested that if they were not prepared to explain the issue tonight, then it might be best if they requested the item be pulled from the Agenda. 22. Resolution approving the Annexation of Territory and the levy of assessments for LLMD No.1. as Annexation Area No.3 (Serenity). The item was discussed along with Item 21 and Item 23. 23. Public Hearing Authorizing the issuance of bonds and approving bond documents; formationofCFD 2005-1 (Serenity). . The item was discussed along with Item 21 and Item 22. n Agenda Item NO.~ PagelOf 13 PAGE EIGHT STUDY S~SSION MINUTES - JANUARY 25, 2005 u BUSINESS ITEMS 31. Appointment of Planning Commissioner.. Mayor Magee gave an overview of the item. He indicated that Council had appointed a sub-committee of Mayor Pro Tern Schiffner and Councilman Hickman. Mayor Pro Tern Schiffner indicated that they had interviewed everyone that had applied; and they were all reasonably acceptable. He indicated there were a couple they thought were the best. He indicated that his two recommendations . were John Gonzales and William Arnold. Councilman Hickman indicated that he selected John Gonzales because Mr. Arnold was currently serving on an existing Commission. 32. Final Plan to rehabilitate the Boat Launch Facility at the LERA Campground. u Councilman Buckley suggested hearing this item after Item No. 34,.Lake Elsinore Campground and Day Use Facility Concession Agreement. He indicated that if the Concession Agreement was in place, then Council would essentially have a guaranteed income for the next ten years. City Attorney Leibold indicated that the effect of the new Concession Agreement was only when they completed the $17 million worth of investments. City Attorney Leibold indicated that Council could take the item in the order the Council chooses. Councilman Hickman questioned where the additional funds would derive from. Mr. Pressey indicated that the City could finance. He indicated that the City could get rates in the 3% to 4% range. He indicated that it could be paid for partially with park fees and partially with the revenue from the campground. Councilman Hickman questioned the construction time. Lake & Aquatic Resources Director Kilroy indicated that the actual construction would be six months, but with engineering, permitting, and having the contract signed by Boating and Waterways it could be about 20 months from February 1 st. Agenda Item No. /, b- PagelOf 13 u 0AGE NINE STUDY SESSION MINUTES - JANUARY 25, 2005 Councilman Hickman indicated that the water level was high and inquired how this would affect the construction. Mr~ Kilroy indicated that the estimate was ' based on a portable barge with a dredger: Councilman Hickman referred to page 8 of 16, plan 2. He indicated that there was a high and low range of $1. 7 million to $2 million; and inquired if that was dependent on the water level. Mr. Kilroy indicated that staff had taken the high end for the total project cost at $5.2 . million. City Manager Brady indicated that the improvements would allow the bOlit launch to operate from 1,230 feet to 1,255 feet. 33. Formation and Selection of General Plan Advisory Committee. Mayor Magee gave an overview of the item and indicated that he would like to add to the list one ifnot two members of the existing Planning Commission. He n indicated that the General Plan would eventually be presented to the Planning Commission for a vote of approval and he felt it would be helpful if a member was part of the Committee. He recommended Councilwoman Kelley and Councilman Buckley to be on the sub-committee. He adVised that .the Council and staff encouraged citizens to apply. He suggested that the sub-committee conduct interviews and create a list; and bring the item before Council on February 22nd. Councilwoman Kelley clarified the Mayor's request for the Committee. City Attorney Leibold advised that membership be established at an odd number to prevent a tie on different issues. 34. Lake Elsinore Campground and Day Use Facility Concession Agreement. Lake & Aquatic Resources Director Kilroy indicated that Chet Roberts and Fred Rice, representatives ofRV Resorts, were present to answer questions the Council might have. Mayor Magee inquired about the effective date and commencement date. City Attorney Leibold indicated that the effective date was when the agreement was fully executed. The commencement date ofthe terms of the Concession Agreement with respect to the Concession fees commences upon the completion of the qualified investment of $17 million. She indicated that the n effective date would be the date they would start making the improvements. Agenda Item No. I. b, Page~of~ PAGE TEN STUDY SESSION MINUTES - JANUARY 25, 2005 u Councilman Hickman inquired ifthe-City should allow the concessionaire to run the Seaport Boat Launch since they were already in that business. City- Attorney Leibold indicated that the cQncessionaire had agreed to run the boat launch at the campground. The Seaport Boat Launch was at a different location and City staff operated that particular launch. Lake & Aquatic Resources Director Kilroy indicated that there had been some discussion, but that would require an amendment to the existing agreement with Pyramid Enterprises. Mayor Pro Tern Schiffuer requested to hear comments from the representatives. Chet Roberts indicated that they supported the agreement and he thanked City staff for their time. He indicated that Assistant City Attorney David Mann, Community Services Director Sapp, and Administrative Services Director Pressey had worked hard on this agreement. He indicated that he held 20 permitssuch,as this before Council and he had never found an Agency such as the City of Lake Elsinore that was so eager to make something work. He indicated that his organization was excited about this project. U Mayor Magee commented on section 4.6, under gross receipts. He inquired if the City haq the ability to audit at the City's cost at any time. City Attorney Leibold indicated that she would review the agreement during break for that language and if it was not there she would propose language to be included in the agreement. He referred to item5.6, under the development process, item f. he requested that it include Council. City Attorney Leibold indicated there were auditing rights under section 4.5. _ City Treasurer Weber indicated that normally an audit was completed before' entering a deal of this magnitude. City Attorney Leibold indicated that there was an existing agreement with the concessionaire. She indicated that the City had been very pleased with the relationship and the agreement had been fully complied with on both sides; and in this case there was no risk to the City. She further indicated that the City currently receive a higher concession fee than would be received on the completion of these improvements. She indicated that the City stood to gain $17 million worth of improvements and that was a positive for the City. u Agenda Item NO.~ Page~OfJ1- o AGE ELEVEN STUDY SESSION MINUTES - JANUARY 25, 2005 .. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Minutes. No comments. 2. Warrant Lists - January 14,2005. Councilman Hickman requested clarification of various checks issued on the warrant list. Staff clarified the items. City Treasurer Weber inquired about the funds in the 20% housing set aside currently. Administrative Services Director Pressey indicated that as of June 30, n 2004, the RDA had in excess of $4 millimi, and $3 million of that was reserved for an advance made to another fund; and that left little over $1 million in the low/moderate income housing fund. He indicated that the City had just received. the property tax increment payment, which was $800,000 deposited into the low/moderate income housing fund. 3. Updated Resolutions and Authorized Signatures for the State Local Agency Investment Fund - Resolution RDA 2005-01: No comments. 4. RDA Mailer Approval. CommunicationJInfonmition Manager Dennis gave an overview of the item. He indicated that he had entered an amount of $3,376.26 for the postage. He indicated that was after verifying that postage rates had not increased, but the label count had increased. He requested rounding the dollar amount to $3,400. He indicated the mailer in the staff report included contributions from all committee members, RDA Boardmembers and Legal Counsel. Chairman n Hickman complimented Mr. Dennis on the mailer. Boardmember Magee Agenda Item NO.-LL PageLOfR PAGE TWELVE STUDY SESSION MINUTES - JANUARY 25, 2005 Ui indicated that the document was full of information and a document to be proud of. He commended the RDA Committee and staff on the outcome. PUBLIC FINANCE AUTHORITY 1. Minutes. No comments. 2. Updated Resolutions and Authorized Signatures for the State Local Agency Investment Fund. - Resolution PF A 2005-01. No comments. Councilman Buckley indicated that Item 1 b, page 28 of 41, the dollar amount in the motion should be $ 1.2 million. Councilman Buckley indicate that Item 1 e, . U page 6 of 18, final paragraphs, had suggested language.indicating that the committee referenced by Donna Francson. was not an official City organization. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 5:23 P.M. ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ,. u Agenda Item NO.~ page/? ofR (1AGE THIRTEEN STUDY SESSION MINUTES - JANUARY 25, 2005 DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Respectfully submitted, FREDERICK RAY, DEPUTY CITY CLERK ATTEST: (\ VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE n Agenda Item No.~ Page~OfB u u u FEBRUARY 15, 2005 ("1. FUND# 100 101 110 115 130 150 205 231 351 352 353 356 357 360 363 364 365 369 604 608 620 CITY OF LAKE ELSINORE WARRANT SUMMARY FUND DESCRIPTION TOTAL GENERAL FUND SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND STATE GAS TAX FUND TRAFFIC SAFETY FUND LIGHTING 1 LANDSCAPE MAINTENANCE FUND C.D.B.G. FUND ;.. TRAFFIC IMPACT FEE FUND LIBRARY C.I.P. FUND AD. 87-2 DEBT SERVICE FUND AD. 86-1 DEBT SERVICE FUND AD. 89-1 DEBT SERVICE FUND AD. 90-1A DEBT SERVICE FUND C.F.D. 2003-2 DEBT SERVICE FUND AD. 93-1 DEBT SERVICE FUND C.F.D. 88-3 III(A)/1997 SERIES A DEBT SERVICE FUND C.F.D. 88"3 III(B)/1997 SERIES B DEBT SERVICE FUND C.F.D. 98-1 (SUMMERHILL IMPROVEMENTS) DEBT SERVICE FUND. C.F.D. 2004-3 (ROSETTA CANYON) DEBT SERVICE FUND ENDOWMENT TRUST FUND TRUST DEPOSITS & PRE-PAID EXPENSE FUND COST RECOVERY SYSTEM 1,526,186.60 32,397.05 6,380.49 520.00 46,870.99 113,199.86 1,625.64 . 230.56 856.89 124,107.99 24,325.32 70,533.12 346,674.05 656,630.70 813,037.88 441,567.15 .553,980.30 25,650.00 500.00 1,000.00 35,450.17 n GRAND TOTAL n 4,821,724.76 AGlENDA ITEM NO. 1 PAGE-1- OF 5 2/17/2005 WARRANT 021505 FEBRUARY 15, 2005 CITY OF LAKE ELSINORE WARRANT liST AMOUNT( \ 269.11 ....v 150.00 1,690.00 61,663.64 3,441.38 59.98 60.00 2,176.80 187.30 1,179.60 27,800.90 3,979.56 2,108.33 1,225.00 402.59 572.00 7,843.63 29,941.15 0.00 5,070.00 307.53 241.10 4,166.00 500.00 1,236.00 U 95.00 ,285.56 1,834.00 365.30 194.25 7,500.00 271.70 270.00 2,376.34 143.30 4,080.00 140.37 53.88 276.88 504.66 1,492.32 124.75 7,152.69 362.84 165.00 181.00 35.00 106.80 689.60 U 75.00 AQENOA ITEM NO. ;) PAGE Q. OF c< CHECK# VENDOR NAME 80579 NATIONAL NOTARY ASSOCIATION 80713 RICHARD WATENPAUGH 80714 THE MARK FISHER COMPANY 80715 CALIFORNIA PER.s. 80716 CALIFORNIA P.E.R.S. 80717 NETWORK SOLUTIONS 80718 ECONOMIC DEVELOPMENT CORPORATION OF SOUTHWEST RIVERSIDE CO. 80719 THE L.I.U. OF N.A. 80720 PRE.PAID LEGAL SERVICES, INC. 80721 V.S.P. VISION SERVICE PLAN 80722 STATE COMPENSATION INSURANCE FUND 80723 ICMA RETIREMENT TRUST 80724 STANDARD LIFE INSURANCE 80725 AL TURA CREDIT UNION 80726 STANDARD INSURANCE 80727 L1UNA. LOCAL 777 80728 FORTIS BENEFITS 80729 CALIFORNIA PER.S.. . 80731 VOID 80732.80734 A & A JANITORIAL SERVICE 80735 A A EQUIPMENT RENTAL CO., INC. 80736 A BETTER PARTY 80737 ACTION PARK ALLIANCE, INC. 80738 ALEX GONZALEZ - MARINERS 80739 LISA C. ALEXEN 80740 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC. 80741 ALL STAR GLASS 80742 AMERICAN FENCE COMPANY, INC. 80743 AMERICAN FORENSIC NURSES 80744 ERICA ANDERSEN 80745 ANIMAL FRIENDS OF THE VALLEY 80746 APPLE ONE EMPLOYMENT SERVICES 80747 APWA SOUTHERN CALIFORNIA CHAPTER 80748 ARTISAN GOLDSMITHS & AWARDS 80749 ASPEN PUBLISHERS, INC. 80750 THE BAG LADY SANDBAGS 80751 BANK OF AMERICA (0619) BRADY 80752 BANK OF AMERICA (0650) KASAD 80753 BANK OF AMERICA (0676) SAPP 80754 BANK OF AMERICA (0692) WATENPAUGH 80755 BANK OF AMERICA (6673) KILROY 80756 BANK OF AMERICA (6707) PRESSEY 80757 BERRYMAN & HENIGAR, INC. 80758 BLUE HAVEN POOLS 80759 ROBERT BRADY 80760 CALIFORNIA RESOURCE RECOVERY ASSOCIATION 80761 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 80762 THE CALIFORNIA 80763 CERTRON CORPORATION 80764 ROBIN CHIPMAN 2117/2005 WARRANT 021505 FEBRUARY 15, 2005 CITY OFLAKE ELSINORE WARRANT LIST' ~~CK# VENDOR NAME . 00765 CONOCOPHILLlPS FLEET 80766 COST RECOVERY SYSTEMS, INC. 80767 KIRT A. COURY 80768 CRAFCO, INC. 80769 CUTTING EDGE STAFFING, INC. 80770' D & SELECTRIC 80771 DANKA OFFICE IMAGING 80772 DEL T BUILDERS 80773 DO IT CENTER 80774 CAROLE K. DONAHOE, AICP. 80775 DOWNS COMMERCIAL FUELING, INC. 80776 D3 EQUIPMENT 80777-80778 EYMW.D. 80779-80780 ELSINORE PIONEER LUMBER CO. 80781 ELSINORE VALLEY RENTALS 80782 ELSINORE VALLEY SELF STORAGE 80783 EXCEL LANDSCAPE, INC. 80784 EXECUTIVE EVENT SERVICES, L.L.C. 80785 FASTSIGNS, LTD. 80786 FEDERAL EXPRESS CORPORATION 80787 G/M BUSINESS INTERIORS 80788 RAMON LARA GARCIA 80789 GEO SEC, INC. r"Q790 GOLF VENTURES WEST ( 791-80792 GREENSCAPE 110793 . ARLINE GULBRANSEN 80794 LORENA HANCOCK 80795 HANSON ASSOCIATES 80796-80797 HARRIS & ASSOCIATES, INC. 80798 HARRIS REAL TV APPRAISAL 80799 HDR ENGINEERING, INC. 80800 HEWLETT-PACKARD COMPANY 80801 INLAND EMPIRE LOCK & KEY 80802 INLAND EMPIRE TOURISM COUNCIL 80803 INTERNATIONAL CODE COUNCIL 80804 JEFF HAUSER MOBILE WELDING 80805 JILLlAN HANEY 80806 VICKI KASAD 80807 KOBATA & ASSOCIATES, INC. 80808 L & M FERTILIZER, INC. 80809 LAKE AIR COMPANY 80810 LAKE CHEVROLET 80811 LAKE ELSINORE FLORIST & GIFTS 80812 NANCY LASSEY 80813 LIBRARY SYSTEMS & SERVICES, L.L.C. 80814 L1NKLlNE COMMUNICATIONS, INC. 80815 LOWE'S HOME CENTERS, INC. 80816 CHARLES MACKEY JR. ....-.a1l KIM MAGEE (a18 MAIN STREET PIZZA & SANDWICH SHOP AMOUNT 449.19 4,750.00 4,941.61 1,145.62 1,770.00 2,820.50 109.17 110,656.75 913.14 2,336.03 4,122.23 46.24 980.18 869.65 761.24 77.00 15,885.50 528.00 757.54 153.37 13,511.04 843.50 3,560.87 54.37 2,543.00 . 154.68 3,495.50 1,855.75 44,932.03 25,650.00 33,944.61 3,029.34 930.78 1,000.00 227.83 1,220.00 500.00 195.00 24,140.00 780.82 216.00 429.33 99.02 78.00 230.56 47.28 165.29 3,938.00 84.35 47.38 2/17/2005 WARRANT 021505 AQENOA .TEM NO. ;). PAGE 3 'OF 5" FEBRUARY 15, 2005 CITY OF LAKE ELSINORE WARRANT LIST CHECK# VENDOR NAl'v:lE 80819 MBC CONSTRUCTION, LTD. 80820 MBIA MUNISERVICE COMPANY 80821 LINDA M. MILLER 80822 MOBILE SATELLITE VENTURES, L.P. 80823 DUANE A. MORITA 80824 MORROW PLUMBING, INC. 80825 DAN BALDWIN 80826 MSA INLAND EMPIRE DESERT CHAPTER 80827 NBS GOVERNMENT FINANCE GROUP 80828 NELSON PAVING, INC. 80829 NFPA 80830 NFPA INTERNATIONAL 80831 PARDEE CONSTRUCTION 80832 WILLIAM PAYNE 80833 PITNEY BOWES, INC. 80834 PLAYGROUND SAFETY ANALYSTS 80835 PREMIUM PALOMAR MT. SPRING WATER 80836 THE PRESS ENTERPRISE 80837 MATT PRESSEY 80838-80840 PRUDENTIAL OVERALL SUPPLY 80841 QUILL CORPORATION 80842 QWEST COMMUNICATIONS 80843 R.J. NOBLE COMPANY, INC. 80844 RANCHO REPROGRAPHICS, INC. 80845 RIVERSIDE COUNTY SHERIFF 80846 RIVERSIDE COUNTY SHERIFF 80847 COUNTY OF RIVERSIDE DEPARTMENT OF INFORMATION TECHNOLOGY 80848 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR, GARY L. ORSO " 80849 COUNTY OF RIVERSIDE, BOB DOYLE, LAKE ELSINORE SHERIFF STATION 80850 ROBBINS PEST MANAGEMENT, INC. 80851 ROD GUNN ASSOCIATES, INC. 80852 JESUS ROQUE 80853 ROTARY CLUB OF LAKE ELSINORE 80854 SADDLEBACK MATERIALS COMPANY, INC. 80855 SHERWIN-WILLIAMS CO. 80856 SIERRA INSTALLATIONS, INC. 80857 SIGNS PLUS " 80858 DAVID S. SOLOMON 80859-80860 SOUTHERN CALIFORNIA EDISON CO. 80861 SOUTHERN CALIFORNIA GAS CO. 80862 JASON STANLEY 80863 STATE COMPENSATION INSURANCE FUND 80864 STAUFFER'S LAWN EQUIPMENT 80865 PEGGY J. STORAASLI 80866 BOB STOVER, INC. 80867 SUDHAKER COMPANY INTERNATIONAL 80868 TEAM AUTOAID, INC. 80869 TEMECULA COPIERS 80870 TRAFFIC CONTROL SERVICE, INC. 80871-80872 UNION BANK OF CALIFORNIA AMOUNT U 11,452.63 375.00 3,975.00 73.31 3,578.03 948.11 500.00 60.00 10,721.82" ;" 29,271.00 135.00 175.58 205.80 39.23 149.11 2,772.00 . 362.55 2,441.22 313.34 634.76 1,392.48 446.51 2,754.62 308.52.;"" 10;377.60U 436,974.97 214.10 45.00 19,618.01 250.00 1,550.00 120.00 180.00 813.17 435.95 1,040.00 4,649.00 3,575.00 32,187.06 1,033.70 132.00 10,202.97 42.31 462.00 4,250.88 15,058.88 " 345.72 749.58 438.00 ( \ 2,997,806.58 V 2/17/2005 WARRANT 021505 AQENDA ITEM NO. PAGE~ OF 2- L5 FEBRUARY 15, 2005 CITY OF LAKE ELSINORE WARRANT LIST nHECK# d0873 80874 80875 80876 80877 80878 80879 80880 80881 80882 80883 80884 80885 80886 80887 80888 80889 80890 80891 80892 VENDOR NAME UNITED STATES POSTAL SERVICE US BANK VALLEY CENTER AUTO PARTS NAPA VAN BLARCOM, LEIBOLD, MC CLENDON & MANN VENUS PRINTING VERIZON VERIZON INTERNET SOLUTIONS ARMANDO VILLA VILLAGE EQUIPMENT RENTALS, INC. THE WAX MAN PETER WEBER WEST COAST ARBORISTS, INC. WEST COAST WINDOW CLEANING WEST GROUP WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS WILLDAN ROBERT G. WILLIAMS Z-BEST PAINT ZEE MEDICAL, INC. ZONES.COM AMOUNT 2,300.00 21,635.00 153.51 66,234.21 796.47 913.93 165.30 75.00 55.00 524.85 178.50 4,353.10 450.00 243.54 285,950.00 2,176.00 45,000.00 1,875.36 392.53 4,997.26 TOTAL 4,561,132.79 r-"(E DATE: I .2/04/05 PAYROLL TAXES 02/04/05 PAYROLL CASH 87,100.48 173,491.49 GRAND TOTAL 4,821,724.76 n AlIiENDA .TEM NO. 1 PAGE...!C. OF c; 2/17/2005 WARRANT 021505 u ,', 'U u n n n **CORRECTED** CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS JULY 2004 INTEREST RATE DATE MATURITY PURCHASED RATE AMOUNT LOCAL AGENCY INVESTMENT FUND 1.604% 24.HOUR $19,877,793.27 DAILY ===========================================================--============= ========================= INVESTMENT TOTAL $19,877,793.27 ====================================================================================================== AVERAGE ANNUAL RATE........... 1.531% I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 22, 2004. A copy of this policy is available in the office of the City Clerk. The pooled Investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Date ~1k-- AGENDA ITEM NO. 3. CA.' PAGE-L OF--1- u u u n n n LOCAL AGENCY INVESTMENT FUND "CORRECTED"* CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS AUGUST 2004 INTEREST RATE DATE MATURITY PURCHASED RATE AMOUNT 1.672% DAILY $15.377.793.27 24-HOUR =========--===============================================================--============================ INVESTMENT TOTAL $15.377.793.27 ===============================--=====================--================================================ AVERAGE ANNUAL RATE........... 1.534% I certify that this report accurately reflects all pooled investments and It Is in conformity with the investment policy as approved by the City Council on June 22, 2004. A copy of this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. ~~ Investment Officer ~ cjh;~.r- Date AGENDA ITEM NO. 3 lb. PAGE-LOF-L- u u u (', (', n **CORRECTED** CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS SEPTEMBER 2004 INTEREST RATE DATE MATURITY PURCHASED RATE AMOUNT lOCAL AGENCY INVESTMENT FUNO 1.771% DAilY 24-HOUR $15,377,793.27 ========================================~===============================--============================ INVESTMENT TOTAL $15,377,793.27 ================================================================ ----- -==================== AVERAGE ANNUAL RATE........... 1.545% I certify that this report accurately reflects all pooled investments and it is in conformity with the Investment policy as approved by the City Council on June 22, 2004. A copy of this policy is available in the office of the City Cierk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. Inves~+-- ~~ Date AGENDA ITEM NO. 3. (.... PAGE-L- OF--L- u u u n CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS OCTOBER 2004 INTEREST RATE DATE MATURITY PURCHASED RATE AMOUNT LOCAL AGENCY INVESTMENT FUND 1.890% DAILY 24-HOUR $14,952,856.11 ============================================================================--===============--========= INVESTMENT TOTAL $ 14,952,856.11 . =======~============================================--====================--- -- =============== AVERAGE ANNUAL RATE........... 1.570% n I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 22; 2004. A copy of.this policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. I~~r Date 1~~.r- n AGENDA ITEM NO. PAGE-LOF 3,d. \ u j, - u u n CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS NOVEMBER 2004 INTEREST RATE DATE MATURITY PURCHASED RATE AMOUNT LOCAL AGENCY INVESTMENT FUND 2.003% DAILY 24-HOUR $14,952,858.11 ===--===============================================================--================================== INVESTMENT TOTAL $14,952,856.11 ====================================================================================================== AVERAGE ANNUAL RATE........... 1.606% ('I I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 22,2004. A copy oUhis policy is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. ~;?7~ Investment Officer ;/~~ Date n AQENDA ITEM NO. 3. e . '- PAGE.J..... OF-L u u u n CITY OF LAKE ELSINORE MONTHLY REPORT OF INVESTMENTS DECEMBER 2004 INTEREST RATE DATE MATURITY PURCHASED RATE AMOUNT $17,152,856.11 ========================================--==============-~----=======================-----==========--== ~~- Investment Officer ~~~r- Date ======================--===========================--=====--============================--====--=========== n I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 22, .2004. A copy of this polley is available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures. LOCAL AGENCY INVESTMENT FUND DAILY 24-HOUR n 2.134% INVESTMENT TOTAL $ 17,152,856.11 AVERAGE ANNUAL RATE........... 1.655% AQENOA nEM NO. 3 ,.{' . PAGE-1- OF---1- u u u n (\ (\ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR & CITY COUNCIL FROM: ROBERT BRADY, CITY MANAGER DATE: February 22, 2005 SUBJECT: Claim 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 claim has been recommended for rejection by Carl Warren & Company: CL#2005-S':: Yvette D. Fuentes FISCAL IMPACT None. RECOMMENDATION Reject the Claim listed above and direct the City Clerk to send letter informing the Claimant ofthis decis' APPROVED FOR AGENDA LISTING: R AW:NDA ITEM NO. . PAGE I OF y 14 ~ u February 14,2005 TO: The City of Lake Elsinore ATTENTION: Vicki Kasad, CMC, City Clerk RE: Claim Claimant DlEvent Rec'd Y/Office Our File Fuentes vs. The City of Lake Elsinore Yvette D. Fuentes 11/29/2004 2/9/2005 S-283887-RWQ . . We have received and reviewed ille above claim and request that you take the action indicated below: CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please U contact the undersigned. Very truly yours, cc: CJPlA w/enc. Attn.: Executive Director ID) ~cg~OW~ ~ IJl) FEB 16 ZOOS ~ CITY CLERKS OFFICE CARL WARREN & CO. CUUMSMANAGEMENT~UUMSADJU~ERS 750 The City Drive . Ste 400 . Orange, CA 92868 M211: P.D. Box 25180 . Santa Ana. Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 -(800)572-6900 . Fa-\:: (714) 740-941"2 U AGENDA ITEM NO. Y PAGE :;z OF ~ n (1 (\ . CLAIM AGAINST THE CITY OF LAKE ELSINORE (For Damages to Persons or Personal Property) RECEIVED ift 9 2005 em' a.ERJ<S OfFlCE Received by: (TimefDate Received) , .\:)-~ A claim must be filed with the City Clerk of the City of Lake Elsinore, within six (6) months after the incident ore event occurred. Be sure your claim is against' the City of Lake Elsinore, not another public entity. Where space is insufficient, please use additional paper and identify information by paragraph number Completed claims must be mailed or delivered to . the Cit)' Clerk, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California, 92530. . TO THE HO~OR"'BL.E MAYOR AA'D CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA: . ... . The undersigned respectfully submits the following claim and information relative to damage to persons and/or personal propert)': \. J c:.i I. };A\lEOFCLAIMANT~1 \Jf:;'tn:. \) r-VC:::f'\.H-:":'<;'" a. HAdpress of Claimant 2-'615 Qh ,no i4-i /l~ P/(lDli Iltw Ch; f) o/~/'{13 . ... ,. . ~<'\. q I 10<1 b. Phone No. MlA. ~3W.-Il(QOc.DateofB~ ?-;)b-0?- '3\6-qff~.-?,cns . .. d. Social Securit)' No. , ';J'S I :L/::o.:,4i qq e. Drivers Lie. No. ('>3~5lf 3 ~ ~ 2. . )\ame. post office address andtelephone to.which claimant desires notices to be sent, if other than the above: . .' .. -} .- 3. Occurrence or event from which this claim. arises: a. c. d. How and under what circumstances did damage or injury ~cur? Specny the panicu)ar occurrence, event, act or omission you claim caused the injury or damage (use additional paper ifnecessary), -\~f. Co. ~\Jf\'~ fu(('Kcd \ {'\ +€.on-t.- 0 f'-.-(.hfc 'nOl)~r-nF:lCT" IO*'ht ('.()rh.it lJ..W;'lv<,f)C\L( P,ndThF:- Tr~ H-\\ all \op 0+ +he 0nl2 c.at?~i~ Stt,FQ? r\(1mn9E:-.\h~ po\;cr Wit ili\\iX1.:t; ~<;. AI<;l,{) 0D.H(\~. ". . e. What particular action by the City ofits employees, caused the alleged damage or injury?' ~ ('~i-b4 WOr\<.~e.. wAS. tallr-d \ ml"Y'lP-(1 la.\..dy &{ ~b Po\lCf::. C-;~ v:>or ~ f\~~ Chmi; GO-\- OV'\rl eiJ~ Art{~OYh'lo...)G(\. "tY\t T,C6-. AQfNoA ITEM NO Y "" PAGE--3 OF= I Lf" u 4. Were tbere any injuries at the time of this accident? If not, state ''No injuries", ~e--E- W?:e~()() In.jurif " . 5. Give tbe name(s) of the City employee(s) causing the damage or injury: 6. Name and address of any person injured: ()D(\E= 7. Name and address of the oymer of any damaged property: "\JeTTE hlC-nWS 'J-S15 (]hino \-hll s 8. Damages claimed: 'lsT I Pt<..wYl4tc ChinD H-ills (q , ' . EST~p..TE-. q neA ~ 3~7 &; '.tD a. 'b. c. d. "Two Amount claimed as of this date S '4. ~o Estimated amount of future costs S ~ , Total amount claimed S Basis for computationofam'ounts claimed (Include copies of all bms, invoices, estimates, etc): bs1lY1(\~' D?nm C'kRTI f'l.Ht QoL\iSfD(\\2.t-PCl.e~ti\.i&Jf- 9. N;;"es and addresses of all wimesses. bospitals, doctors, etc: aJ'FfiZZO ,~4e:i ThAT~-trEf- i':> Cj'-k-t--Prq:~q-~ p..lso "l"COc. b.eG:mOlJ€d l/orM ot#f:. TeEF rW*'1l IY\C;SAfld \(')(~ri€-dAfld Et:@16<t c.SOI""-€- 0+ thf.. T1U-i:- \=b \ \0 <? A\Sc t.),t-I\t9;H3. l1\;--S 10. Any additional information tbat migbt be belpful in considering,thisdaim: , %\;e.t:;'. RttbR-I:d:1-n~ LVOltke OGw-tnE TR.c€- ~ \Dn~ ~ 10 +-ht:=;- (l ~W . WAR1\I!'\G: IT IS A tRIMINAL OFF'tNS'l: TO FILE A FALSE CLAIM! (Penal code 72l1nsurance Code 556, I) I bave read'the maners and statements made in the above claim and I know the same to be true of my own knowledge. except as to those maners state upon information or belief as to such maners, I believe the same to be true. I cemfy under penalty of perjury that the foregoing is TRUE AND CORRECT. SIGNED THIS " .,DAYO Jih ;lOJbAT ~~\~ ,CALIFORNIA, , CLA1MANT'S SIGNATURE: u A\iiENOA ITEM NO. 4 . PAGE.!::L OF-.UL 11/30/2004 67442 (l at 03:12 PM Job Number: LAKE CHEVROLET License #:AM197361 Federal 10 #: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 Adjuster: 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. I Deductible: . Date of Loss: Type of Loss: . Point of Impact: . Inspect LAKE CHEVROLET Location: 31400 AUTO CENTER DRIV~ P.O. BOX 4000 LAKE ELSINORE, CA 92531-4000 Business: (951,) 253'-2101 ("trance '-umpany: 17 Days to Repair e.: 1996 PONT BONNEVILLE SE VIN: 1G2HX52K8TH211029 Air Conditioning Cruise Control Tinted Glass Fog Lamps Power Brakes Anti-Lock Brakes (4) Cloth Seats Deluxe Wheel Covers 6-3.8L-FI 4D SED SILVER' Int:- Lie: 4RDW144 CA Prod Date: Rear Defogger Intermittent Wipers Body Side Moldings Clear Coat Paint Power Windows Driver Air Bag Split Bench Seats Odometer: Tilt Wheel Theft Deterrent/Alarm Dual Mirrors Power Steering Power Locks Passenger Air Bag ReCline/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 w/o sunroof 6 Add for Clear Coat 7 REAR DOOR {\8* 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 AQENDA ITEM NO. LJ. ." PAc;E.....:L OF J..Y.- i. . " " '". ':e'oil .... '. " : 0.," . p. , " \ . . . . . .. . 0;......" . . .... . ., . . .. . . \ . , .... '. . " .p. 0 , - 0 " '. . - Cl ,.0 ..() . " IIIl. ~ '0 .~ ; . " " ",., ~'O.D ,100 ... . , . , . ,. .. . , .. " .. . , ~ . .' ~. .' :: ~~~~-:~". ~~::'.:. ~~ ~,'T(i~?:A: .:;:.0:;': . 0.0, o. ......00 ....... '!I.~ ."'_' ,9 . I.. 00 . '. :f. .~ I 'l~,::._' ,&", 0" '" ..",d:!,:.":,.~, ,..... .....~ ..:.."'::.O~.'i,'.."~ ":. ,". . ~. ...:,....,. ,."".......'W' f.":'". ,0' III G' %0 06 ."',,~ .......0..,&,.,. .~~ ~ ....J'. ;..~~..~~. .";!! ... 'It, , ... 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'" I J u AGlENDA ITEM ~O.~ GE 2S OF PA 11/30/2004 602 at 03:12 PM Job Number: PRELIMINARY ESTIMATE 1996 PONT BONNEVILLE SE 6-3.8L-FI 4D SED SILVER Int: Parts Body Labor Paint Labor Paint Other Charges 34.1 hrs @ $ 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. ~: LAKE CHEVROLET Exercises great care to avoid glass breakage related to 1 lirs which require the removal of the glass for access. However,it is the na~ure of glass work that glass cannot always be removed without breakage. LAKE CHEVROLET cannot be'responsib1e for the cost of glass replacement. in thes.e .instances. Due to many unforseen circumstances in the repalrlng 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=APPROXlMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASSM=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 RECYCLED 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=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/_=WITH/_ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE ~RMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO 1 ~. MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. 3 AGENDA tTEM NO.--.-:L..- PAGE.3- ;-L:L 11/30/2004 at 03:12PM 67442 Job ,Number: PRELIMINARY ESTrMATE 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 ~ 5 AQENDAITEMNO.~ PAGE.l.Q. OF~ () () o 11/30/2004 at 02:13 PM 74173 (\ INTERNATIONAL AUTO' CRAFTERS II Federal ID #:330935896 OUR QUALITY SROWS 29385 RUNCO WY LAKE ELSINORE, CA 92530 (909) 471-1733 Fax: (909) 4'71-1723 PRELIMINARY ESTIMATE Written By: David,Grey Adjuster: Insured: banielCreekmore OWner: Daniel Creekmore Address: 207 E HEALD AVE. , LAKE ELSINORE, CA 92530 Evening: (951)674-8089 Cellular: (951) 541-1551 Job Number: c1'aim It Policy It Deductible: Date of Loss: Type of Loss: Comprehensive Point of Impact: 19. AllOver Inspect Location: Insurance ~mpany: 'Days tOo Repair 1~76 PONT BONNEVILLE SE 6-3.8L~FI4D SED MET. SLVR Int: VIN: IG2HX52K8TH211029 Lie: 4RDW144CA Prod Date: 01/1996 _ Odometer: 82299 Air'Coilditioning Rear Defogger Tilt Wheel -- Cruise Control Intermittent Wipers Theft Deterrent/Alarm Tinted Glass Body Side Mbldings 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. DESCRIPTION -------------------------------.-----------------"------------------------------- PAINT QTY EXT. PRICE LABOR OP_ ----------------------------------------.--------------------------------------- 1 REAR BUMPER 2 O/R bumper assy 3:** Repl RECOND Bumper cover 4 Add for Clear Coat 5 Repl Cover molding- 6 REAR LAMPS 7 R&I RT Tail lamp assy 8 R&I LT Tail lamp assy 9 TRUNK LID 10* Repl USED trunk lid assy (4~* Add for Clear Coat R&I Spoiler 13* Rpr Spoiler 14 Overlap Major Adj. Panel 15 Add for Clear Coat 1 o 0.00 1 269.00 o 0.00 1 29.10 o 0.00 o 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 0.0 -0.4 0.0 0.1 I I AcaENDA ITEM NO. ..., PAGEJ.L OF.J.!:L 11/30/2004 at 02:13 PM 74173 Job Number: PRELIMINARY ESTIMATE 1996 PONT BONNEVILLE SE 6-3.8L-FI 4D S~D MET. SLVR Int: u 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 unless otherwiswarranged 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 FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS ts GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT)IN STATE PRISON. 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;DISCONTlNUED PART A;APPROXlMATE PRICE LABOR,TYPES: B;BODY LABOR D;DIAGNOSTICE~ELECTRlCAL F;FRAMEG;GLASS M;MECHANICAL P;PAINT LABOR S;STRUCTuAALT;TAXEDMISCELLAN'BOUS 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;LlNE.NUMBER,QTY;QUANTITY QUAL RECY;QUALITY RECYCLED PART 'QUAL REPL;QUALITY REPLACEMENT PART COMP REPL PARTS;COMPETITlVE 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 W/_;WITH/~ SYMBOLS: #;MANUAL LINE ENTRY *;OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED] **;DATABASE LINE WITH AFTERMARKET N;NOTESATTACHED TO LINE. MQVP;MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. o .~.. 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 pa~ts from the manufacturer. c' u ~ AcaENDA ITEM NO. 4 .PAGE l?- ;-rrr ;. 11/30/2004 74173 (1 at 02: 13 PM Job Number: PRELIMINARY ESTIMATE 1996 PONT BONNEVILLE SE 6-3.8L-FI 4D SED MET. SLVR Int: ALTERNATE PARTS SUPPLIERS 3 RECOND Bumper cover Part No. GM1100518R Price $269.00 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 ..e Keystone Auto 8333 ARJONS DR. SUITE A (\ SAN DIEGO, CA 92126 Keystone Auto 1C69.HENSLEY STREET RICHMOND, CA 94801 (800)992~7550 (858) 547~4401 (800)263-9727 . (-5Hl) 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 n W. SACRAMENTO, CA 95605 (800)263-9727 (916) 372-0287 5 AGlENDA ITEM NO.-L PAGEJ..1. OF~ ~. l:'::c:=-.. ~:~ -= .,". .,.~. .~~--,. -; -:'-. {-;~-"'-;~ .,::~ - . .... ". -........, ~ ;,. ..~- "J ","t.~ .-\.-. ':. () 4 AQENDA ITEM NO. I '-l PAGEJl OF . CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL n TO:' HONORABLE MAYOR AND COUNCIL MEMBERS FROM: BOB BRADY, CITY MANAGER DATE: FEBRUARY 22, 2005 SUBJECT: BYPASS FORMAL BID PROCESS FOR ADDITIONAL PURCHASE OF RIP-RAP ROCK FOR LEVEE REPAIR BACKGROUND - In response to the recent series of major- storm events,the City Council approved repairs and preventative maintenance to the levee system in ,the amount of $60,000 on February 8, 2005. City Staff immediately began work on a time and material basis to make repairs to the eroded south slope of the inlet channel, near the levee entrance, by armoring the slope with rip-rap rock, as well as grading approximately omi-third mile of the Back-basin slope as a preventative maintenance measure. n The grading ofthe Back-basin slope is proceeding better than expected and has been expanded to one-mile. The combination of grading and tracking the slope with a bulldozer has resulted in a more stable slope by compacting loose soil, leveling of drainage ruts, decreasing rain runoff velocities, trapping of sediment and increased percolation of water. Unforeseen benefits include the elimination of burrowing rodents, grllbbing unwanted vegetation and preparation of the slope for hydro-seerling;mulching. ' After the placement of approximately 500 tons rip-rap rock along the south slope of the inlet channel, it was determined that the erosion damage was much more extensive than first ' anticipated. Staff estimates that an additional 500 to 700 tons of rock may be required to secure the eroded south slope of the inlet channel, near the, levee entrance. Under the City's purchasing guidelines, staff initiated an informal bid process for the purchase ofthe rip-rap rock from the lowest priced merchant for a unit cost of$20.55/ton plus tax or approximately 675 tons, which does not exceed the $15,000 maximum informal bid purchasing limit. Staff desires to purchase additional rip-rap rock at the same unit cost to complete the project in a timely manner, but is prohibited from exceeding the $15,000 limit without Council's approval. DISCUSSION n The erosion to the south slope of the inlet channel occurred in early January 2005, when the peak river flows were at a rate of over 2,500,000 gallons per minute. The full flows of the San Jacinto River have not been felt this year by Lake Elsinore, because Lake Hemet has not spilled. As of this writing, Lake Hemet is less than three feet from spilling the dam and significant rain is in the forecast. If the San Jacinto River indeed flows from the head of the watershed to Lake Elsinore during the remainder of the winter, then the rip-rap rock armoring of the south slope of the inlet channel is well warranted. AGENDA ITEM NO. PACE / ~ 6 OF Due to the savings from the efficient earthwork on the Back-basin slope there is ample funding U in the existing project budget to increase the purchase of rip-rap rock; however, time is of the essence. FISCAL IMPACT No increase in the total project budget ($60,000) already approved by.the City Council to perform the repairs and preventative maintenance work on the levee system. Revised Project Budget . " Total = Estimated Cost .$13,000 $27,000 $7,000 $8,000 $5,000 $60,000 RECOMMENDATION Approve the waiver ofthe formal bid process' under section 3.08.070 F. Exceptions to Bid . ," Procedures to expedite the purchase of additional rip-rap rock to prevent further erosion. damage to the south inlet channel slope in an amount not to exceed $15,000. PREPARED BY: Pat Kilroy, Director ofLilke & Aquatic Re~~urces ----ff" .' . , , . . U APPROVED FOR AGENDA LISTING: AGENDA ITEM NQ. PACE ;Z ,s 'OF <:; - - () n Chapter. The Purchasing Officer shall also require that all documents supporting the formal or informal bidding procedures be attached to the City's copy of purchase order. . 3.08.035 Estimates of requirements. All City departments shall file detailed estimates of their requirements in supplies and equipment in such maimer, at such time, and for such future periods as the Purchasing Officer shall prescribe. 3.08.040 Requisitions. Each City departments shall submit requests for supplies, services and equipment to the Purchasing Officer by standard requisition forms, or by other means, as may be established by the purchasing rules and regulations. . 3.08.045 Purchase orders. Purchases of supplies, services and equipment shall be made by purchase order, or by such other procedures established by the Purchasing Officer. 3.08.050 Encumbrance offunds. Except in cases of emergency, the Purchasing Officer shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund accOunt against Which such purchase is to be charged. 3.08.055 Inspection and testing. The Purchasing Officer or requesting department shall inspect supplies and.equipment delivered and contractual services performed to deteJmine their conformance with the specifications set forth in the order or contract. The Purchasing Officer shall have the right to waive any defect or informality. The Purchasing Officer shall have the authority to require chemical and physical tests of samples, submitted with bids and Samples of () deliveries Which are necessary to determine their quality and conformance with specifications. ;(\ 3.08.060 Purchase Order Splitting Prohibited. The Purchasing Officer or requesting department shall not engage in Contract splitting or purchase order splitting in order to avoid the bidding procedures as set forth in this Chapter. 3.08.065 City Manager. The City Manager is authorized to enter into contracts for the purchase of supplies or equipment or contracts for personal, professional, consultant and maintenance services where the .amount of such contract does not exceed $15,000. . --)- 3.08.070 ExeeptioJis to Bid Procedures. NOtwithstandingthe purchase procedures set forth in this Chapter, bidding procedures for the purehasesofsupplies, services and equipment shall not apply to the folloWing situationS: . . . An emergency requires that an order be placed with the nearest available source . of supply; A. \ B. The commodity or service can be obtained from only one (l) vendor; or C. Professional services contracts for accountants, attorneys, architects, engineers, surveyors, construction man..gers and other professionals and consultants; D. . When in the best interest of the City, the City Manager may authorize the Purchasing Officer to bypass the formal bid process for the purchase of surplus property from another governmental entity; E. When in the best interest of the City, the City Manager may authorize the . . .' 3 . . AGENDA ITEM NO. 5 PAGE ,:S OF 6 o Purchasing Officer to bypass the bid process required under this Chapter for purchases of fifteen thousand dollars ($15,000) or less; When in the best interest of the City, the City Council may authonze the City Manager or Purchasing Officer to bypass the bid process required under this Chapter for purchases greater than fifteen thousand dollars ($15,000); or Purchases of less than two thousand dollars ($2,000). G. 3.08.110 Minimum number of bids. Open market purchases shall, whenever possible, be .. based on at least three (3) bids and shall be awarded to the lowest responsible bidder. 3.08.120 Request for bids. . The Purchasing Officer shall solicit bids by written requests, telephone, facsimile or electronic mail, to prospective vendors. 3.08.130 Written bids. Written bids shall be submitted to the Purchasing Officer who shall keep a record of all open market orders and bids for a period of one (1) yearafterthe submission . I of bids or the placing of orders. This record, while so kept, shall be open to public inspection. 3.08.230. Award. The bid shall be awarded to t1ie lowest responsible bidder except as otherwise provided herein. Bidders located within the City of Lake Elsinore may be given a three percent (3%) pricing allowance When calculating the lowest responsive bid dueto the City of Lake Elsinore's interest in promoting growth and stimulate the local economy. . .To qualify forthis preference, the purchase (or portion of purchase) must be subject to sales tax collection reported as collected within the City of Lake Elsinore, the vendor has a fixed facility with employees within the City of Lake Elsinore and such vendor shall hold a current and Valid City of Lake Elsinore business license. FORMAL BIDDING PURCHASE PROCEDURES 3.08.200 Proeedure for purebases exceeding fifteen thousand dollars. Except as provided in this Chapter, purchases of supplies, services, equipment and the sale of personal property of estimated value greaterthan fifteen thousand dollars ($15,000.00) shall be bywritten contractas follows: 3.08.205 Request for bids. Notices inviting bids shall include a g~ description of the articles to be purchased or sold, state where bid blanks and specification may be secured, and 4 AGENDA ITEM NO. ,5 PAGE 4- OF 6' u u u (1 : I SLOPE GR\DING Purpose: (1 Appluation: limitations: Inspeltion and Milintenanu: Roughening and terracing are techniques for erearing unevenness on bare soil by creating furrows across slopes, creating stair-steps. or by tracking the soil surface. Surface roughening or terracing reduces erosion potential by decreas- ing runoff velocities. trapping sediment. and increasing infiltration of water into the soil. .. All consrruaion slopes require surface roughening or terracing of some kind to facilitate .the long-term stabilization of vegetation. >- Where surface roughening will benefit seeding. planting. and mulching. >- Graded areas with smooth and hard surfaces. >- Where slope length needs to be shortened by terracing. Terracing is usu- ally permanent. and should be designed based on site conditions and under the direction and approval of a registered civil engineer. j Roughening may inerease grading costs and result in sloughing in certain soil~ Sole reliance on roughening for temporary erosion control is of limired effectiveness in intense rainfall events. Roughening should be used in conjunction with temporary erqsion control measures. such as seeding and mulching. . Stair-step grading may not be practical for sandy. steep, or shallow soils. Jl Jl - Periodically check seeded, planted and mulch~d slopes for rills and gullies. particularly after significant'storm evenes. Fill these areas slighdy above the original grade, then reseed and mulch as soon as possible. n "...25 ACENDA ITEM NO. PACE.5 OF :) ~ u e DO NOT TRACK SLOPES ACROSS THE HILL e u "TRACKING" WITH MACHINERY UP AND DOWN THE SLOPE PROVIDES GROOVES THAT WILL CATCH SEED AND RAINFALL, AND REDUCE RUNOFF pageZ7 u AGENDA ITEM NO. PAGE ,6 ~ OF k; (\ CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER .. DATE: FEBRUARY 22, 2005 SUBJECT: EXEMPTION TO BID PROCEDURES - CITY HALL BACKGROUND In November of2003, the City Council adopted Ordinance No. 1109 amending and restating Chapter 3.08 of the Lake Elsinore Municipal Code regarding "Purchasing," and adding Chapter 3.10 (Informal Bidding Procedures for Public Works Projects) and 3.12 (Surplus Property). (\. DISCUSSION As part of the mid-year budget adjustments approved by the City Council was the authorization to install built-in work areas and storage cabinets for the new cubicles constructed in what was Conference Room "B" at City Hall. The work site will provide three (3) work stations and one receptionist work station. The attached information supports staff's recommendations and will allow the construction and installation of the work areas through the informal process which was utilized in gathering the cost for mid-year budget consideration. 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. n 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 (3.08.100) to simplify and expedite the construction and installation of the work areas. AGENDA ITEM NO. (p PAO"E-L-OF 0 FISCAL IMPACT u The funding for the construction and installation of the work areas ($18,000) 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 construction and installation of work areas at City Hall. PREPARED BY: David W. Sapp, Director of Co APPROVED BY: APPROVED FOR AGENDA LISTING: u u u Avt:I\lL:iM. i'~~'1 ,..._. (0 PA01! f).. OF 0 n n (1 CITY OF LAKE ELSINORE BUILT-IN .WORK STATIONS AT CITY.HALL BIDS The Cabinet Plant $17,985.00 Neil's Contracting $25,255.87 Wildomar Valley WP Diamond No Bid ~CEN[)A ITEM "v._~ . PACE.3 OF ((? Dave Sapp, The following is a proposal for the new office at Lake Elsinore City Hall to be built in High Pressure laminate. The Cabinet Plant has been established in the city of Lake Elsinore for 22 years and has designed and built many home and commercial cabinets including the City of Canyon Lake POA building and lodge, The city of Murrieta, Triple Crown Dental offices. u 1.) All drawers to be of meta box construction 550mm in depth also to include a lifetime warranty on any metabox hardware. 2.) All substrates will be 19mm in thickness and only constructed with industry standard materials: 3.) Cabinets will be assembled using comfQrmat fasteners (metal dowels) to insure . strength and accuracy of the cabinetry. . 4.) All cabinets will have backs. 5.) Hinges used for all doors will be Blum 125 degree opening. Also including a lifetime warranty on hinge hardware. 6.) All shelves to be adjustable. 7.) All cabinetry and HPL "Formica" counter tops to be commercial quality and installed professionally using adjustable legs and hanging bracket system. 10) Lateral legal files to be constructed using 19mm industry standard melamine with "Accuride 3640" 200lbs.capacity hardware. 11) Upper cabinets to be 16" in depth. Height to be held down from ceiling. 12) All drawers and doors to have PVC edgebanding. 13) Delivery and installation is included in bid. 14) Key Board Pull Outs" Accuride model #200" Detent in the open and closed positions. In addition 36mm wire pulls may be added to all doors and drawers. The cost to the city will be $1.00 each. We have estimated $17,985 to be the total cost. Thank You! Ernie and Jackie Gibson The Cabinet Plant 522 N. Poe Lake Elsinore Ca. 92530 (951)674-9811 u u ACENDA ITE:M I>v. " '. PAee~OF {p n n n Sep 16 04 02:50p p.2 I """"" =e!lll -= I!!I=- ~~~.... I' ~~~-al!!ll!l~.iii~i!il=~__l!ii~ ~~Il:3~. _ =-=--!!!!!!!!=-'-~._!!I=E!!!!!!!!!!. ---==1iiI - -......E.... =a;u;;;liiU..IIllillGllliiiilii!il I~&EG-"" -- --~-=---- _'IiiillP'- - l!i!Ii!I~ P. O. Box 822 . Sun City,'CA 92586 G . 909'926'1341-. 800'481'1188 Fax9(}g.926'0962 PROPO~Al S CITY OF LAKE ELSINORE 0: . l; 130 S. MAIN ST. o T. lAKE ELSINORE CA. 92530 o 909461-3235 ~.' 9. f. 1612004 PAGE 1 I .' ..' ->TEJlMS. . ....... . .' ....... '.' '.' . . . PROJECT ,q<. . : .'CUE PATE . 30 DAYS UP STAIRS OFFICE REMODEl .................... ..<...............:~..... ','-'":,, ~ .....:...(... .......... . .~. NEW CABINETS & COUNTERTOPS AS FOLLOWS: . 51'UN. FT. OF FORMICA COUNTERTOPS (INSTAttEDPRICE) $3.098:00 - 43.5 UN FT OF WALL CABINETS (INSTALLED PRICE) $11,875.00 31 ' UN. FT. OF BASE CABINETS (INSTALLED PRICE) $8,750.00 4- CUSTOM SWEVEL KEYBOARD TRAYS (INSTALLED) 5620.00 PRICES INCLUDE FILE HANGERS & 3" HANDLES CABINETS ALL 3/4" CONSTRUCTION WITH BACKS (WHITE INTERIOR & FORMICA EXTERIOR). . SUB TOTAL $24,343.00 .. . SALES TAX 912.RZ TOTAL $25,255.87 AGEN9A ITEM Nv. PAOI: 0 ~ OF rp . u , I , I ~I ., , I , I ..c..! " " ,I " )(.. E? .. 1'7 f. ,E:.... -r ""- ~ (' z. ';; ~ V ~ }l , ~ ~ '" ~ l' P' ~ V\ ~ ~ ~ ~ ~ <> ~ c-, ~ .. ^ - :1-. ::J- (/ ~ ., . j :> i ~ j , '" ,.. .0.1:. :; )< u )< III I ,/ ,/ (1 ~ ..." e ,. ~ :::-. ~. .s .;- (' ~.,.:c- Jt s .- ., ~ --- ) .,E' "-^ ~ '. .... s""- ~ ';;, " ':', "......, !,.~. '- , ~ >::~. ",. ,.-, 'c- " C, .-oJ -4. ., \.' ., , ~ ..c. ~ \r ~ -- I u A. GENDA ITEM NO. {- Of'-P 1_ PA(Jf._~ !Q ('1 CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 22, 2005 SUBJECT: EXEMPTION TO BID PROCEDURES . BACKGROUND In November of2003, the City Council adopted Ordinance No. 1109 amending and restating Chapter 3.08 of the Lake Elsinore Municipal Code regarding "Purchasing," and adding Chapter 3.10 (Informal Bidding Procedures for Public Works Projects) and 3.12 (Sui-plus Property). . (\ DISCUSSION As part of the mid-year budget adjustments approved by the City Council was the authorization to purchase a 12' x 40' trailer for use by the GJ.S. Division. . The trailer and associated costs will provide badly needed office and storage space as well as a small conference room for division and client meetings. The attached information supports staff's recommendations and will allow the purchase of the trailer through the informal process which was utilized in gathering the cost for mid-year budget consideration. 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 (3.08.100) to simplify and expedite the purchase of the trailer. AGErmA ITEM NO. PAC;: I 7 OF I.tJ FISCAL IMPACT The fimding for the purchase ofthe G.I.S. trailer (~26,81O) ~s 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 the G.I.S. trailer and related items. PREPARED BY: David W. Sapp, Director of Community Services APPRO':'ED BY: ~ avid W: Sapp, Director APPROVED FOR AGENDA LISTING: ert A. Brady, City M~a er !: ,j. ACENDA ITEM NO. PACE Ol 7 OF /5 u u u 0. CITY OF LAKE ELSINORE 130 SOUTH MAIN STREFir-CEIV LAKE ELSINORE, CA 9<IJtC ED DATE: 1- lo--cS hi\<.. (;nic/{'.7 orhe:, ~ 1 i6c. t, C). L),jX ' r. tJ, I(Ju "'CY C-f. . I {7'{- 1'1'70 i, 0; - J. ( 7 1 PURCHASE REQUISlTIg~B 1 4 Z005 FINANCE MANAGER C II-r G' ~ {c Ie, /~ I S',i.-,.-.-x.. {Tc; 5. 4,,~, 5f-r.ee./- L,fceb i S-/~,.-~ LA. </?:> -'0 f)ce, . e S:'r"',.o , /h:,; &-1</~ SHIP TO: VENDOR NAME: ADDRESS: 1?- S"/S' ATTENTION: PHONE: PURCHASE ORDER # . , HAS THIS BEEN ORDERED?: YES _ NO ~ ORDER DATE: ACCOUNT# DESCRIPTION QTY UNIT PRICE TOTAL (00 -I.{li'ii - 'i(Lt-t;o~tI tiS Trc"l,-, "5 "lr1/'~'~ , , (\ ;2 -{ ')r~'/5 &1 C;J./ &~u<( ( ( .p )'1 {''-eJ va REQUISITION APPROVAL SUBTOTAL $)'1 60u, ---r-- $;/;<(& , ~":;'J SUBMITTED BY SALES TAX '-u SUPERVISOR APPROVAL FREIGHT $-- DISCOUNT $ FUNDS AVAILABLE-FINA TOTAL $ )6'y(o,.-/u ( (\ ~(t1~__ (REV 5/90) FINANCE - WHITE DEPARTMENT _ CANARY AGENDA ITEM NO. PAOE 3 -" OF /5 ITEM 12' x 40' Trailer Delivery Set-Up Tie Downs Skirting V.c. Tile Flooring (1 'xl' squares) . 46" x 39" Windows (3) ADA Ramp Exit Doors, 30" x 68" 2-ton HV AC Pocket Door, 30" x 68" 30GA. GAL V Metal Roof Wood Siding Tax & License "J" Boxes ($25 each) Electrical Hook-Up/D&S Electric ...-- [;/ 0/. J:-' I If'" "' 1G\ 6> ~';-{' 'I ...:-' ~~ A~ - I (.. _---r)-( Y, , ~ -J'.; I_ . r(" (I ~ i -- ~/ TRAILER PURCHASE GOLDEN OFFICE $22,406 N/C $ 300 $ 701 $ 1,233 Standard N/C Not Included N/C N/C N/C Standard Standard Not Included N/C $24,640 u MODTECH . WILLIAMS SCOTSMAN $ 1,200 $22,500 $ 370 $ 829 $. 780 $ 1,456 Standard N/C ($9,000) N/C . N/C N/C Standard Standard Not Included $ 200 $26,135 $ 1,200 NO BID u u AOENOA ITEM NO. ( PACE ---1..- OF 1/5 W"3'Jl;jd 066l 8<'9 lSb '00:H 170, 60 d3S (j) n Golden Office Trailers, Inc~ Post Office Box 669 Wildomar, CA 92595 QjS\) (.9G9) 678-2177 - Main Office, ~969) 678-1990 - Fax , (H~I) .' Fax Cover Pa e Date: 9/9- joY To: 0;-7'-/ (J)C i~k: (-: ( .s/..Jd'>-zQ..., Attn: vO/75J p J L-40n....- From~DENNIS TOLTON No. of pages: (6j , , (Including cOver Page) Re: rPlUc. e9?-W7e "i\J~1 ~iX'iO I n Comments: 12... i X <:J New , t, 'I ", 7 / J ~l37'~(J f T~>\ n ~,YOU;~ ~ ACENDA ITEM NO. 7 .PACE ,I) OF, 1.15 c0'39~d . 0661 8l.9 IS6 10:11 P0. 60 d3S , Iii . II. ~\ I.. '. ~U .------.----1.[ -....--'----.-....---...-...--...--..----.-..--....--...-..-..-.--..-----.-.---.-.-----.......----..-..----..--... -......---------..,--0,. ...-.-~---...---.-....-..---......_-...--~-.......--..--.--...-.-~-.....-;...--...........-...-.-........--.-.....--...-..-...-....-.-.-....... 78~ III C!i-l '( o,;e: LJ91c:.e GLS)jOvt-Q, . .-------------.----...-..-.....-,-1: . .---,-.--..-.-.-.-.--------~._.._..-...-_...---_._----..---...-..~"'...-~._--'- .---.--.--.----.------~--------~._..-..----...-..,..-.----...---.....-..---...........--.........------... '/7-ff ; . 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PACE 7 7 OF 1"5 170'3CJl:Jd 066I 8.'.9 IS6 . <:0:H 170. .60 d3S SEP-09-04 08,50 FROM:MODTECH INC ~:-; ~ , .. .....u...u. ....all c..,," I"\V'C;;" MODTECH Perris, CA 92511 ~,~""......."'~ PH: (909) 651-6800 FAX: (909) 943-3725 10:809 943 3725 Uuote Number: 003251-AA-G9/09/04 Quote Desc: 6-2 (12):40) OFFICE Estimator: JUlian Edwards Date; 09/09/2004 Salesperson: Golden Office Trailer, Inc, Quote Soecification Sheet Category Sub-Calegory Description Quantity UOM 12X400FFICE FRAME TRAILER AXLE HITCH MISC CHS 6SMT 12X40 10" I-BEAM DIRS' OIC TRIPLE AXLE WI ALL WB DETACHABLE HITCH TAlL UGHTS FLOOR JqlST INSULATION DECKING CCVERING JOIST 2XS 16" OIC 12 WIDE R. t1 UNFACED 518" T&G PL VWOOD 20 OZ CARPET Notes: THROUGHOUT 4" ViNYl BASE Notes: THROUGHOUT .040 PAPER BOTTOM BOARD COVE BASE ACCESSORIES WALL - EXTERIOR STUDS STUDS INSULATION INSULATION SIDING SIDING COVERING COVERING WALL -INTERIOR STUDS . INSULATION COVERING END WALL 2X4X8 SIDE WALL 2X4X8 END WALL R-Il UNFACED SIDE WALL R-ll UNFACED END WALL 1/18" SMART PANEL SIDE WALL 7/16" SMART PAIIIEL END WALL 112" VCG SIDE WALL 1/Z' VCG 2X4X8 INTERIOR WALL NONE.PROVIDED 1/2" VCG ROOF JOIST DECKlNG COVERING INSULATION CEILING JOIST 2X6 WOOD 24" ole 12 WIDE 1/2" SHEATHING . 26 GA. STANDING SEAM R-19 UNFACED 2)(4 T.GRlO CEILING Notes: 8' NOMINAL BALLOON WALL STUDS INSULATION SIDING 2X4 BALLOON WAU,. X2' R-l1 KRAFT BALLOON WALL X Z SMART PAIIIEl BALLOON WALL X 2' DOOR EXT. EXTERIOR DOOR LOCKSET LOCKSET -3068 RLC-l DOOR SCHLAGE PASSAGE LOCKSET SCHLAGE SGL CYL DEADBOL T PAGE 4/5 Page 4 u LOOOO SA . u 2.0000 EA 2.0000 I:A 2.0000 EA u ACENI;)A ITEM NO. PACE R 7 OF 115 S0" 3CJI:Jd 066T 869 TS6 c0:TT 170. 60 d3S "FAGE 5/5 Page 5 SEP-0S-04 09:50 .FRDM:MODTECH INC ~.JO:.~ ........u ......10.... ",,"we MOPTECH Perris, CA 92571 ~-......--,- PH: (909) 651-6800 n FAX: (909) 943-3725. 10.808 843 3725 (.JUOle Numbe,: 003251-AA-D9/09104 Quote Dese: 8.2 (12)(40) OFFICE Estimator: Jillian Edwards Date: 09/0912004 Salesperson: Golden Offlee Trailer, Inc. Category Sub-Category ACCESSORIES ACCESSORIES INTERIOR DOOR DOOR DOOR JAMs JAMB LOCKSET WINDOW HORtZ. SUDER EXTERIOR TRIM TRIM TRIM INTERIOR TRIM TRIM TRIM ELECTRICAL . n PANEL WIRE RECEPTACLE . RECEPTACLE SWITCH SWITCH LIGHT INTERIOR LIGHT EXTERIOR PLUMBING FIXTURES: MECHANICAL NC WALL MT DUCT OTHER OTHER OTHER STATE APP n Quote Soecifieatlon Sheet Description 411" DRIP CAP STORM CHAIN 3068 PREFINISHED - HOLLOW CORE 3068 PIF HOLLOW CORE POCKET DOOR TIMELY 4" JAMS 3068 POCKET DOOR FRAME SCHLAGE PASSAGE LOCKSET 46X39 HS SIBIB 4" LP INN1;'RSEAL TRIM 8" LP INNERSEAL TRIM VINYL TRIM INSIDE CORNER VINYL TRIM OUTSIDE CORNER 125 AMP WI MAIN BREilKER ROMEX PACEWAY DUPLIEX RECEPTACLE - ROMEX WEATHER PROOF GFCI RECEPT 3 WAY WALL SWITCH SINGLE POLE SWITCH FOR ROMEX 4' FOUR TUSE LAYIN TROFFER HARRIS #300 EXTERIOR LIGHT> NONE-PROVIDED 2 TON NC -10 KWHEAT STRIP FIBERGLASS FLEX SUPPL YAIR DUCT RETURN WALL AIR GRILL . JUMP DUCTS STATE OF CALIFORNIA APPROVALS Quantity UOM 2.0000 EA 2.0000 EA 3.0000 EA 1.0000 EA 3.0000 EA . 1.00011 EA 3.00011 EA 3.0000 EA .1.0000 EA 12.0000 EA 1.0000 EA 2.0000 EA 5.0000 EA 5.0000 EA 2.0000 EA 1.11000 EA 1.0000 EA 3.00110 EA AGENDA ITEM NO. I PAOI!-i-OF . 1.1) 90'38tJd 066~ 81..9 ~S6 [0:H 170. 60 d3S ,. , u <. .' -"" , - . ,'. ..t-~_~_i...._..:_.! ' . , I -----;--.-..........,---:----;-i-.-:--;-...-;-.-;--,.. ! I . uJ -~n_; ; , ; L"-n"r-:r,~:r-;-~e ?:ff7<7 OF-: , i i_!.-n-fTJ-1-1 i -i-+-tt.1 i i I ! ! I '! IT: i ': i 1 ~ . ': '_L. _ I I I Ii 0' .~ ,J'_! (i , i I! J I I T/..' t.....T~.. I +'1+ ~ , I I I I I I i i +-+_,:,;-~;,,--y-~--:-,;-,----=-:~-:--:~-,-, : : iH--L.Lzit-t7"ddi31, : :;-. if' ' ; '1&hti--?t;JeJ k,LP __, .! I I I ! I I I ' i "V.:TO ! r ~'f I I I i , i 1-0.' I I' I.. .,. "'" '.... "" ,'~, .''', u._._ .jjlt ~"',;:: ..:..~,': .---- .. ~~~...._~--_. .-. .p:' ".l:.-':..~.,.,'_ ~ ,'.<. j;',;,:' ---. -,~ ,;.,.~.F ';. ", ~, :;", ',=1;, t,;.. ~' "", .c-, ~ ""...,"'" .~. -, ,"'" -'. _"0 ...,' ---. .'i;'7:!. 'i-.- ,::,!::.A-,*:f.':'. -:is.... .' -+~ L f ~ ~ I lit I c. . ';!. ~ -ttL :=;~I ~_ .' ~ f-- ' ,+-,U- ~ i -+ ,=L C-.~-- :fIrl", m t+~~1-7<-1'" , ~~~.U ::==;--i;~~:':;~~.~-i- '1++1-+: v. ' . ~~f~ tj t '"';:- k~~,--,ji, ..:-r~ ~T '1""-:-;,"- ;,.t,:.. ". -_..; ._... ."++T" ',-:.'. "r' '.. -ct::LTr-r-/,T ;;:f- '-1 ,T Jr '17. y...'(;o.~'1_Tf~U.'-;;I;, -+-, --'-- . , '-Ti-r+t +pkl-.1..;!U i I "'+, I i- -ll. ~. '-1?, 1V~;'l r~+~ ljjtj::H=\:+Lj f:- ~,!;(il#r~~=kLti~t+l)41~..:'f~rd~ .~. JHMljiljJif~Ij; : '1) '. -I. ,r tt',e; 1 , :! . Ii, I I I I '-1-+-1-- ~'1-' Itsrre.J,L--' H+ITtT1__ rdt+H'tli:,Jj!' !I:_l.~ 'tcf:t!:ii,: ,I '!'H+~ ~__1:: 1'~':~o.u,'1~e'-!': I f~ Ii.W'7uJ T - ciDZo;.;.; . :1 :80(;-'1'; _ .u "'Cjoit~-"Oi.io",--.4 -!- . .. . . ...::=q'Y~~'.:'=~~'~ H'~' ! ...__:==--=:______~. u ACENDA ITEM NO. PACE 10 '7 OF~!) 09/14/2004 12:10 FAX 141001 ' (\ I::;~~I. Mobile Office, . StCIfj)~ Products And Mo1''t' -, WILLIAMS SCOTSMAN, INC. 9400 Galena Street Riverside. CA 92509 Phone: 951-681-0300 Fax; 951-681-1455 Toll free: 800.782-1500 ~Q~ " ~ - , ~ax To: Claudia Davis From: Shawn Iviavs 1. inc!Udin: cover page Fax: (909)471-1418 (909)674-3124 Pages; Phone: Date: 9114104 Re: Request for Quotation I am pleased to enclose a confirmation of thepnces we discussed_ Below are some of the values you can expecl from Williams Scotsman, " . . Ease of ordering-jnst sign and date the quote and fax it bad I . We ott:er a complete line of additional items indudin!rste:ps.anchors, skirting. fU.miture. security screens. arid mOr'~.. . . Fulllimit,.J one-year warranty. n If you have any questions or additions,.please feerfree (0 contact InC. ,Thank you for considering Wmiams Scotsm.'Ul! ;It A'" fr,~~ ~~ I. ~(j Shawn Mays Sales RepreseJ")ita(ive Au!!c!unent(s): . WS Quote No, 924232-1 " ' SMlSI:A n , AGENDA ITEM NO. '7 PAOE...Jl-OF I.~ 09/14/2004 12:10 FAX ~002 '~r sCOTSMANl Mobilt Offices. Storace Prod\J(!.S And Mor~ WILLIAMS SCOTSMAN, INC- 9400 Galena Street Ri verside, CA 92509 Phone: 951-681.0300 Fax: 951-681-1455 Toll free: 800-782-1500 Shawn Mays, Sales Representative u Slill'TO City of Lake Elsinore QUOTE DA TE . September 13, 2004 OUOTE EXPIRATION October 13. 2004 Lake Elsinore, CA u-=E:.~, y~!t. ~ ~~" SALES PRICE: 44 X 12 Mobile Oflh:e (40 x 12 box s;ze) New from factory per customerfloor plan $22;500.00 (New equipment) DELIVERY FREIGHT: BLOCK AND LEVEL: (INCLUDES PIERS & PADS) $370.00 $487.00 OPTION DESCRIPTION o (lO) TiodoWTls indi,"~ $7Booeach o (104) Skirting in'tallation @S14.ooeach o o o EXT. AMT; $780.00 OPTION OESCRlrTION ,EXT. AMT. $I,45()00 u Build & Inslall Wood :,teps w/handrails at each door Low Set for Ramp InSlall<ltion (added for the block & levelabov~) Add J-box to include ;.,"condui( stubbed to celling for future phJne/data use. (wiring. devices and service are by others on site Build & InSlall40 X 6 W ocd Deck "",-/switchback ramp. ra:ils & pamt 53.00000 $342.00 $25.00 each o $9,000.00 Prices above do nQt indude 2ny applicobJe taxes or Ii('ensing fees ==&~rtah"J=~ - I City of Lake Elsinore ,~__=-.}~__.._...",=..,..,~_,f;.~~:~~",:::~ '~::.~~;:' :!:: :"_~.."':;7.;. :'1.. - -~ ~!~. ::r ~~-~~:":"':- I .--~-. ; ";: (;'.J';;-~ u ACENDAITEM NO, PACIE I:J . 7 Of 1,1>) 09/14/2004 12:10 FAX 1i!J00J (11~. Mobile Offices. S!orQse Prodllcto: And More WILLIAMS SCOTSMAN, INC. 9400 Galena Street Riverside. CA 92509 Phone: 951-681-0300 Fax: 9510.68101455 Toll free: 800-782-1500 Shawn ft1ays, Sales Represenuui;;e ~~ CLARIl'ICA TIONiS):, I, Block & level is based on Williams Scotsman's standard blochng on level grade, Additional CDst will be incurre~ for uneven grade, or, double pier blocking, 2. Tiedown pricing does not include-d remo\lal at leas.e ICmUDatioD. 3, Delivery is based on cJe;.r,level. accessible site forrruck and nailer, -Cllslomer is responsible for localing underground structUlres andJor utilitie~_ prior. to_ Wilt delivery. hieing .excludes hidden conditions. and rernOV<l! o( rocks,materials or d{:bris. 4. Skirting pricing is based on a maximum unit height of 30" and does. not include. removal of shrting at terminati~1\ of lease, ' 5. Customer is respons,iblc for normal preventive maintenance to HV AC system-filters, fuses. general cJeaI'jng, and prevention of damage and abuse. . 6. Nose in/nose out cWIges are billed sepa.nucly. if required,pt"_T -OCCurrence. Trip permits and/or pilot cars required by local municipalities, are billed separately) per occurrence. . -=---::::-~-~ =--~^<>... Page 2 of2 ID~~~ --~~--- ---~---------~-~-~~.-, -~.- _ ~- _~""".:;::_"::"::.:=--c:",__-_ -= _~"'--_ _ ~~ ~- COMMENT[S): r'\}> Terms are based on satisfaclory credit. f \)- \Villiams Scotsman is riot responsible_for changes required by locaJcode,or,buiJding inspectors. Cuslonu:r herehy ;:lgrt.;s 10 the Above quoted price~ '3Tld l:pec:ific;lli~s. C~:!;lomo fwtha m1horiud Wil1i~ Scolsrmm to 1JUk~ "3ppropriatc ammge:mt2lu fur the delivery of th.:: ~bO"'_e delalbed EqwplllUit. Upoa. 4divery. and UIltil. Bl1bsl!quUlI S3.les ^~l is executed by Wilbaros Sl;o<sman (as Seller) and CUSlomer (~6uyer).lbe S!andatd Wdl!!I::'~ S<:(m.~.;m Scles Tams;.."'1d (oodilicn$. wliidt iIi'C UlWl'pCiitllod by reference beton. ...nU govcmthisU"aJUactioo. A dcpo>>l mBY bto, rf:fJulred based upon cwtoml"r'J uHlt radng ;md b.i~lory with WllJiarm ScOlm1"n; Inc. ' =....."~"'-~.=,,.... IGt;~~f"~;;;'~i5;nO(e ~ - - - ,---- ---..:- -- . -----::.' '-;- -- ~;:"::::.. ~~ , .~ The ilenu uesoibl:d above wmpri,c Ihe E<JUip~ wbkb the Customer desireS 10 buy from Williams Scotsman. ALl equipmcot,is. subject to 3v:u]ability, Physical OamIIgc And Commer.:illl Lilitili;;y f..;iSu,-.wCE C6vm~c 1lIt:lbluin:d br:\l.1.I1lli.11C llnlhe d~e of the Equipft\Cnt'S Ddi~ery. Prit:~ li.uol~ aoo.e. do aotiadudll .uy.tocal, !Oat!!, federal or penonal pf'Optrly WI!'> or:my r~_ Pay.menl teml5 ~ pcndin& credi, .ll'ptO":.1. Permits. f~!ingt. ~lep$, &itc FPC.?tlcn. dca."'i~. ~d ptu'\lbing ;;",..,;;;;tious ii1't 001.' iDeluded in the qllNed price un1m spo::.ific:klly ~13led. n ACENDA ITEM NO. PACE 13 { OF l!l 09/14/2004 12;10 YAK S"" 09 04 02,39" ~t , ... , n ~ I o If ~ ~ ~ Ii " L r c (/) n [ .p ~- ro >---'- " II -r:::,. Cit~ of lake EI~inore .-- ru ~~, . C>~'4,. . 'V ;J e~ --. ~ rv ~.~ 0-T @004 19091 471-1418 p,3 0 U "l "l ..-. n "C f'l , (/) -1 o /D J> CI f'l o '1 'l ..-. n f'l n o .Z '1 /0 J::", o o s:: . -- I , 0)" ,I -r s ~ ~ C) u '-Q r-> u AGENDA ITEM NO, I PAoe~OF 15 (1 (1 (\ CITY OF LAKE ELSINORE MID-YEAR BUDGET REVIEW REQUEST FOR CONSIDERATION GIS TRAILER PURCHASE With rapid development requiring the hiring of more persormel 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 cOlli1ections 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. IT x 40' Trailer Tax and License Electrical Hook-up ADA Wood Ramp and Landing Computer/DSL Hook-ups Built-in Cabinets and Work Areas TOTAL $24,640 $ 2,210 $ ],200 $ 4,000 $ 1,500 $]2,000 $45,440 ACENDA ITEM_NO. PACE.J~ I. OF...J '5 u , . . ,j' u u' o (\ o CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 22, 2005 SUBJECT: ENTER INTO A CONTRACT WITH P.M. SERVICES FOR PROFESSIONAL ENGINEERING SERVICES. BACKGROUND As the growth of the City continues at a rapid pace, there is a need to provide quality and timely service for project applicants as well as other City Divisions. To fill this need, Staff has met with and reviewed the qualifications of LeRoy Bender, a Professional Civil Engineer and principal owner of P.M. Services, to provide consultant engineering services in the area of private development processing. FINDINGS Upon review of Mr. Bender's qualifications, checking references and conducting interviews with Mr. Bender, it has been concluded the needs of the Engineering Division will be met by retaining his services through his company, P.M. Services. FISCAL IMPACT The billable rate of $78 per hour will be assessed against the project submittal through the deposit accounts. Subsequently, there will be no direct cost to the City. RECOMMENDATIONS I. It is recommended that the Mayor and City Council authorize the City Manager to execute a contract to retain the professional services of P.M. Services pursuant to the attached contract and supporting documents. APPROVED BY: %.- t4/~ COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION APPROVED FOR AGENDA LISTING: AGENDA ITEM NO. _R PAGE~OF~ Attachments: A-Contract B-Scope of Services and Resume .' u u u A<ilENOA ITEM NO. ~ PAGE~;--r- CITY OF LAKE ELSINORE PERSONAL SERVICES CONTRACT *************************************************************************************************..******** (\ TIllS AGREEMENT made and entered into on February 22. 2005. by the City of Lake Elsinore, a municipal corporation, party of the first part, hereinafter referred to as CITY, and CONTRACTOR P. M. Services FOR USE BY THE ADMINISTRATIVE SERVICES DEPT. S.SIE.I.N. NO. Vendor # MAILING ADDRESS P. O. Box 802 Purchase qrder # CITY, STATE, ZIP Ontario. CA 91762 Community Development Department, Engineering Division . PHONE NUMBER (714 ) 473-1839 Document Preparer: Ken Seumalo, City Engineer Date 2/22/05 Ex!. or Telephone # 674-3124 ext 244 party of the second part, hereinafter referred to as CONTRACTOR. CONTRACT PERIOD: From: February 22, 2005 - TO: June 30, 2005. WITNESSETII: That in consideration of the covenants and agreements herein expressed and of the faithful performance by CONTRACTOR of all covenants and agreements, the CITY agrees to pay CONTRACTOR the following amount which includes travel and all other related expenses; A rate of$78 Der hour. Based on providing up to 30 hours per week. Additional hours may be available contingent upon approval of the Director of Community Development Department. Payment processing will begin upon presentation of a tiToe sheet (format as r'lrovided and approved by City), and invoice for services rendered. Task Statement: (Please see attached Scope of Services r ~scription as Exhibit "A".) EXHIBIT "A" ATTACHED TERMS AND CONDITIONS I. INDEPENDENT CONTRACTOR -It is understood that CONTRACTOR, in the performance of the ~~rk ~nd services agreed to be performed, shall act as and' be an independent contractor and shall not act as an agent or em:ployee of CITY: CONIRACTOR shall obtain no rights to'retirement benefits or other benefits ' which accrue to CITY's employees. and CONTRACTOR hereby expressly waives any claim it may have to any such rights.. 2. HOLD HARMLESS - CONTRACTOR shall be responsible for and hold the CITY harmless from aU damage to property, injury to persons, and loss, expense, inconvenience, and delay that may be caused by or result from any act, omission, or neglect of CONTRACTOR. 3. NON-ASSIGNMENT - It is understood and agreed that CONTRACTOR shall not assign, sublet, or transfer any interest in this agreement without written consent of CITY. 4. CERTIFICA nON OF EMPLOYMENT STATUS - By signing this agreement, CONTRACTOR certifies that helslIe is not an employee of the City of Lake Elsinore. 5. APPLICABLE LAW - This agreement shall be governed by and construed in accordance with the laws of the State of California. 6. AUDIT CLAUSE - In accepting this agreement with the City of Lake Elsinore, CONTRACTOR agrees that books, records, documents, accounting procedures, practices, or any other items of the service provider relevant to the agreement are subject to examination by the City of Lake Elsinore. 7. TERMlNA nON - This agreement may be tenninated by CfIY immediately for any cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, CONTRACTOR shall be entitled to compensation for services performed up to the effective date of tennination. (\ DOCUMENTS - All plans, studies, documents and other writings prepared by and for CONTRACTOR in the course of implementing this agreement, except working notepad internal documents, shall become the property of CITY upon payment to CONTRACTOR for such work, and CITY shall have the sole right to use such materials in its discretion without further compensation to CONTRACTOR or to any other party. (Signatures follow on next page) AGENDA ITEM NO. ~.. PAGE....1... ;-r- *********************************************************************************************************** RETURN TO: CITY OF LAKE ELSINORE 130 S. MAIN STREET LAKE ELSINORE, CA 92530 . ATTN:CITYMANAGER IN WITNESS WHEREOF, the parties hereto have hereunto set their hand to this contract this day of .20_ CITY OF LAKE ELSINORE CONTRACTOR City Manager Contractor *********************************************************************************************************** NON-DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title Vll of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race , color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, 'practices, or procedures. This includes but is not limited to employment and the provision of municipal services. AQENOA ITEM NO. ~ PAGE~OF~ u u u (\ City of Lake Elsinore Community Development Department Engineering Division Exhibit "B" Scope of Services Engineering Consultant Services Consultant agrees to provide land development, site plan, tentative map and precise plan, etc. reviews and prepare draft conditions of approval for the City of Lake Elsinor's Community Development Department as directed by the City Engineer and/or the Director of Community Development" as set forth below. It is understood based on the representations made by the Consultant that he/she is specially trained, experienced, and competent to perform the special services, which will be required by the scope of "services. In addition, it is understood that the consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services and the terms and conditions described herein: (\ n I. Review submittals and prepare draft conditions of approval for proposed land development projects, site plans, tentative maps, precise plans, etc, to supplement city staff on an overload basis, as assigned by the City Engineer and/or Director of Community Development." Prepare draft inte~office memoranda; prepare draft staff reports and condition of approval to the City Engineer or Director of Community Development. The draft reports, and conditions of approval will be reviewed and approved by the City Engineer or the Director of Community Development, prior to presentation to the Planning Commission, for subsequent review and approval by the Planning Commission. Said draft reports and conditions of approval shall be reviewed modified or amended as directed by the City Engineer or Director of Community Development and shall become their final recommendation for presentation to the Planning Commission, not those of the consultant. The City of Lake Elsinore shall be totally responsible for the content and final recommendations of the reports and conditions of approval. If determined necessary, provide assistance at the public counter. Consultant shall provide his/her own automobile and pager/cell phone and shall not be entitled to any mileage reimbursement. " 2. 3. 4. 5. AQENDA ITEM NO.-+ PAGEiOF~ u LE ROY D. BENDER, P.E. P.o. Box 802 Ontario, Ca. 91762 Telephone: 714-473-1839 Education: . 18 units completed toward Masters Degree in Business Administration, . . Bachelors Degree, Civil Engineering, California State Polytechnic University. . AA Degree, Land Surveying, Pasadena City College. . Completion of Municipal Public Works Administration education series sponsored by A.PW.A. Licenses: . Registered Civil Engineer - Califomia: C - 22880 Real Estate Broker-California Affiliations: u . Member of the Regional Water Master Committee for adjudicated water basin management, water rights and basin recharge. . Member of the Chino Basin Municipal Water District regional committee for the operations of the regional wastewater treatment plants. . Former President of the Riverside and San Bernardino City and County Engineer's Association. . Guest speaker on infrastructure finance using Assessment Districts and Community Facilities Districts at the League of California Cities, the Public Works officers Institute, and various other seminars. . Member and technical advisor to the Regional Steering Committee for the $122 million Airport Ground Assess transportation Program to support the new Ontario International Airport Expansion Program (a $ 250 million new terminal building). . Member in American Water Works Association and American Public Works Association. u AQENDA ITEM NO. ~ "' PAGE Cia o-;r (\ Le Roy D. Bender Page 2 of3 July 1997 to Present October 1982 to June 30, 1997 (\ July 1978 to October 1982 February 1976 to July 1978 n EXPERIENCE Temporary Staffing Assignments City of Coachella" Director of Public Works and City Engineer . City of Pomona- Project Management for Capital Projects City of San Dimas- Project Management for Capital Projects Yorba Linda Water District- Project Management for Capital Projects City of Murrieta-Land Development reviews and prQcessing City of Rialto- Land Development reviews and processing Empire Land-Project Management for land development projects City Engineer, City of Ontario (144,000 population), Ontario, California 'Managed the Engineering Department (63 employees) comprised of eight sections: Utilities (Water and Sewer), Land Development (Tract Maps and Conditions of Approval), Transportation (Traffic Engineering), Environmental (Water and Wastewater Quality), Capital Projects, Special Districts, Field Services (Surveying and Inspection), and GIS. Typical duties included: Prepare and administer annual budget ($5 million operations and 6.0 million annual capital), oversee all design and administration of capital projects. . Vice President (Project Management), Southwest Engineering (70 employees), Santa Ana, California Responsible for all engineering project management including supervision of seven company project managers; responsible for project planning, timetables, budgets, design, development feasibility reports and cost estimates for land development clients. Project included many large-scale residential land development projects. Also special consultant to Riverside County Department of Community Development on CDSG infrastructure programs. Also served as Director of Marketing and Sales. Director of Public Works/City Engineer, City of Chino (75,500 population), Chino, California Directed the Engineering and Public Works Service Departments (65 employees) with responsibilities for administering the annual department budget. Responsible for overseeing land development projects and processing developer plans. Responsible for design, construction, operation and maintenance of the city's water and sewer systems and roads. Oversaw department operations, attended City Council meetings, etc. AGENDA ITEM NO. <:( PAGE..:LOF~ Page 3 of 3 February 1974 to February 1976 August 1971 to February 1974 May 1971 to August 1971 April 1970 to . May 1971 le Roy D. Bender u Director of Public Works and Community Development, City of La Palma (20,000 population), La Palma, California Director of Public Works, Engineering, Building and Safety, Planning and Parks Divisions (25 employees). Responsible for overseeing land development proposals. Responsible for the design, construction, operation an.d maintenance of the city's water, sewer, street, street lighting, street sweeping, and park systems. Attended City Council meetings. . Assistant City Engineer, City of Cerritos (50,000 population) Cerritos, California Manager of Engineering Division; managed the design and construction improvements to the city's street, water and sewer systems; directly participated in the formation and implementation of Cerritos Redevelopment program which, in terms of income, is now one of the largest in the State; managed the city's extensive Capital Improvement program by contract design. Oversaw the city's explosive land development section and administered the city's Subdivision and Map Checking Program. Project Engineer (Municipal Engineering Section), Voorheis- Trinelle-Nelson August 1971 (V.T.N.), Irvine, California u Design engineer in the land development section. Preformed subdivision layouts, prepared tentative maps and feasibility studies. Performed municipal consulting engineering work for two local municipalities. Occasionally served as Consulting City Engineer. Supervised design engineers, draftsmen, and others as required. In charge of various construction projects in client cities, which included a large reservoir 'and telemetry system. Civil Engineering Assistant, City of West Covina (50,000 May 1971 population), Covina, California Manager of Land Development/Subdivision and Right-of-Way engineering sections of the City Engineering Department. Typical duties included subdivision conditions, map and plan checking and processing land use proposals. Also served as Assistant Construction Manager of the Field Inspection Section. Typical duties included review of the city capital project plans prior to field construction and Project Engineer on various city projects. u AQENDA ITEM~~.o. ct PAGE 'I OF ., (\ CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 22, 2005 , ' SUBJECT: AGREEMENT WITH CENTEX HOMES FOR REIMBURSMENT OF DRAINAGE AND STREET IMPROVEMENTS COSTS FOR . THE .CONSTRUCTION OF MASTER PLANNED STORM DRAIN FACILITIES AND TRAFFIC IMPROVEMENT.FUND PROJECTS WITHIN THE RAMSGATE SPECIFIC PLAN AREA. BACKGROUND (\ Centex Homes has requested to enter into a reimbursement agreement with the City of Lake Elsinore for the design and construction of a master planned storm drain facility and Traffic Improvement Fund (TIF) identified projects. The reimbursement work consists of installation of storm drain improvements and TIF identified street improvements as a portion of the improvements required of Tracts 25478 and 25479. The storm drain improvements are a part of the Master Planned Storm Drain System for this area and are eligible for reimbursement from the Area Drainage Fee program and the street improvement work is listed on the TIF list of eligible projects. FINDINGS Centex Homes is required to pay the TIF fee combined for both projects in ,the amount of$61 0,470 and the Area Drainage Fee combined for both projects in the amount of $1,230,642. The developer is required to design plans and specifications in accordance with City of Lake Elsinore standards and Riverside County Flood Control Standards. The City of Lake Elsinore will assume maintenance of the roadway and storm drain facility upon acceptance of the improvement. Centex Homes, consistent with the TIF and Area Drainage Fee requirements, is eligible for a fee credit of $508,347.89 from TIF and $705,654 from the Area Drainage Fee Fund for the construction cost of these improvements. The City Attorney's office has reviewed the agreement and found it to be acceptable. Original copies of both Reimbursement Agreements are available for review in the City Clerk's office. FISCAL IMPACT n The TIF will fund the reimbursement of $508,347.89 and Area Drainage Fee will fund the reimbursement of $705,654 to Centex Homes for the construction of the TIF street improvements and the master planed storm drain improvements. AQENOA ITEM NO. 9 PAGE \ OF~ RECOMMENDATIONS 1. It is recommended that the City Council authorize the Mayor to execute the Reimbursement Agreement for the design and construction of the TIF designated street improvements and Master Planned Storm Drain facilities in the area of Rosetta Canyon and State Route 74. APPROVED BY: %.- d.~. -.I- COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION APPROVED FOR AGENDA LISTING: .:;':: AQENOA ITEM NO. q PAGE..A.. OF ~ u u u " n -~ ) (' n .- STORM DRAINAGE IMPROVEMENT REIMBURSEMENT AGREEMENT THIS STORM DRAIN IMPROVEMENT REIMBURSEMENT AGREEMENT (this "Agreement"), entered into this day of , 2005, between the CITY OF LAKE ELSINORE, a municipal corporation, hereinafter referred to as the "City," andCENTEX HOMES, a Nevada general partnership, hereinafterreferred to as the "Developer." RECITALS A. Developer. is the owner and developer of pr~pertylocated within the 'City, which property has received development approvals froin the City including Tentative Tract Nos. 25478 and 25479, ("Tract Maps") as shown on Exhibit "A," attached hereto and incorporated herein (the "Property" or the "Tract(s)"). ' , , , , B. As a conditionof the development appr~vals for the Property, including'the' Tract Map approvals, the Developer is required ~o construct those public 'improvements identified on Exhibit "B," which is attached hereto and incorporated herein, consisting of the Rosetta Canyon" storm drain improvements within the Third Street District of the City's Master Plan of Drainage (the "Improvements"); the design of the Improvements and the estimated cost of the Improvements are set forth on, Exhibits "c" and "D" respectively, which are attached hereto and incorporated herein., ' ' , C. The Developer intends to develop Tract No. 25478 with 255 residential d\Velling units and Tract No. 25479 with 254 residential dwelling units. D. Chapter 16.72 of the City Code establishes a. Drainage District Fee to be paid prior to the issuance of a building permit for a residential dwelling unit ("District Drainage Fee"), and Section 16.17.100 specifically establishes a mechanism for providing credits and reimbursement to Developer for constructing drainage facilities and improvements in~icated on the City's Master Plan of Drainage, The Tracts being developed by Developer are located within the Third Street District, Arroyo Dei To~o DistrIct and the Wassum Canyon District. ' '" E. The Developer has requested that City enter into an agreement by the terms of which it can be reimbursed or rec'eive credit from the District Drainage Fees that the City has collected or will collect in the future for an, amount that is no! to exceed the amount specified in Exhibit ."D" (the "Reimbursement Amount").' , , AGREEMENT' NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, and the mutual promises contained herein, it is agreed as follows: Section 1. Purpose of.he Al!reement. Following execution of this Agreement, the Developer shall cause the Improvements to be designed, engineered, permitted and constructed and the City shall payor credit the Developer the Reimbursement Amount, as defined in Section 5. 246 I 22v2 01/03/05 280439-0001 AQENDA ITEM NO. 9 "-, PAGE-1-0F 90 .- _. Section 2. Preparation and Approval of Plans; Obtaininl!. of Permits. The U Developer has or shall cause plans and specifications (the "Plans'') to be prepared for the Improvements and obtain all of the permits, ("PermitS") required for construction of the Improvements. The Developer shall provide a copy of the Plans to the City Engineer and shall obtain the written' approval of the Plans from City. ' Section 5. Pavmtmt of the Reimbursement Amount. The Developer ackllowledges that as of the date of this Agreement, the City District Drainage Fee obligation of the Centex Homes portion of the Tracts is $1,230,642. This obligation exceeds the estimated cost of the Improvements set forth in "Exhibit D" in the amount of $705,654 by the amount of $524,988. The Developer further acknowledges that this Agreement does not serve to estop the City from making further adjustments to the District Drainage Fee, consistent with State law. Finally, the Developer acknowledges that the City Council may consider adjustments ,to the District Drainage Fee. The parties agree that the dollar amount of any District Drainage Fee credit to be earned by the Developer pursuant to this Agreement ("Credit") will be determined by the fee schedule in place at the time the City Engineer accepts the Improvements into the City's maintained system. " (a) Upon recordation of a Notice of Completion for the Improvements, and acceptance of the Improvements by the City Engineer, the Developer shaH submit a billing to the City Engineer requesting determination of the actual cost of the Improvements and the District Drainage Fee Credit ("Payment Request"). The dollar amount of the earned District Drainage Fee -2- u 246122v2 01103/05 280439-0001 AGENDA ITEpt ro., 9 PAGE....'1- OF..3Q... n n (\ - Credit is to eqUal the actual cost incurred by the Developer in constructing the Improvements. The dollar amount of the earned District Drainage Fee Credit may not exceed the dollar amolint stated in Exhibit "B," as amended consistent with this Agreement. The Developer shall supply all documentation requested by the City Engineer in determining the actual construction costof the , Improvements. The City' Engineer shall use commercially reasonable efforts to determine, the amount of the earned District Drainage' Fee Credit within thirty (30) calendar days of receipt of the bill submitted by the Developer. . (b) The City Engineer Will provide the Developer written notice (the "Credit Notice"), of the dollar amount of the earned District Drainage Fee Credit. If the dollar amount of the earned District Drainage Fee Credit exceeds the dollar amount of the District Drainage Fee that would otherWise be due from the Developer (the "Fee Credit Excess"), the City Engineer will ideritify in the Notice that the District Drainage Fee Credit Excess will generate either: (i) a cash reimbursement to the Developeror (ii) an earned District Drainage FeeCredii to offset the City District Drainage Fee required on another approved tract or parcel map to be developed by the Developer. Once completed, the Credit Notice is to be executed and dated by the City Engineer and the Developer. - . (c) If the dollar arnount of the earned District Drainage Fee Credit is less than th~ City District Drainage Fee that would be due from the Developer, the Credit Notice will so note. The amount of District prainage Fee Credit to be applied with each City District Drainage Fee payment on either a per unit or per acre basis will be identified, (d) If one or more building permits are issued by City to Developer prior to the date the City Engineer accepts the Improvements and prepares the Credit Notice, then the Developer shall pay the full City District Drainage Fee for each permit issued, and upon acceptance of the Improvements by the City Engineer, the City Engineer will note ,on the Credit Notice the full , City District Drainage Fee paid to date of acceptance arid make the appropriate adjustment for the . application of the earned,District Drainage Fee Credit consistent with subsection (b) above. Section 6. Construction Requirements. (a)' The J)eveloper 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 PuhlicContracts Code relating to general prevailing wage rates as required by the specifications approved by the City 'Engineer. ' (b) ,The Developer shall require each contractor, sul;>contractor, vendor, equipment operator and owner operator, in each such case 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 II hereof throughout the term of the construction of the Improvements. -3- 246122v2 01103/05 2804~9-0001 AQENOA ITE~O.9 " ' PAGE ~ OF~ -- Rather than requiring its contractors to provide such insurance, the Developer may elect to provide the same for the benefit of its contractors. U (c) The Developer shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator-and owner operator, in each such case to the extent such individual or entity is engaged to perform work on the Improvements, to comply with such other 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, in each such case 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 Developer shall pI1wide 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 shall have caused 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 U and permits that are necessary to construct the Improvements. . Section 8.' Modifications to tbe Estimated Cost Stated in Exhibit D. The cost of the Improvements sball not exceed the amounts shown in Exhibit D without a formal amendment to this Agreement. If during the course of construction of the Improvements, the Developer is presented with a change order or set of change orders that would increase the construction cost beyond 15%, then the Developer must receive the approval of the City Engineer before approving the change order(s). In no instance shall the total construction costs, including any cbange orders, exceed the estimated costs shown in Exhibit D without a formal amendment to this Agreement. . Upon approving the change order, the City Engineer will cause a formal amendment to this Agreement to be prepared, if necessary. Failure to comply with this provision will result in the City not reimbursing or crediting the Developer for any change orders. 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 personnel shall have access to the site of the work construction at all reasonable times for the purpose of accomplishing such inspection. 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 forthwith file -4- u 246122v2 01103/05 280439-0001 AGENDA ITEM NO. <1 PAGE '- OF 90 i .- (\ 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 reasonably determines 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. Section 11. Insurance Reauirements. Without limiting or diminishing the Developer's obligation to indemnifY or hold the City harmless, the Developer shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement: (\ - '(a) CommerCial General Liability: Developer shall maintain commercial general liability insurance coverage, including but not limited to, premises liability, contractual liability, 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"). The 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. The Policy's limit of liability' shall not be less than $1,000,000 per occurrenCe combined single limit. If such insurance Policy contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.' . (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. Ifsuch insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. 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) Workers' Compensation California. Worker's Compensation Insurance: Developer shall maintain Insurance (Coverage A) as prescribed by the laws of the State of . Section 12. Ownership of Facilities. Notwithstanding the fact that a portion or all of the Improvements may be constructed in dedicated 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 contiol. -5- n 246] 22v2 01103/05 280439-000] AlRENOA ITEM NO q PAGE-1- ~F qo - Section 13. Representations. Warranties and Covenants of tbe Developer. The Developer makes the following representations, warranties and covenants for the benefit of the U City, as of the date hereof and as of the date of the Payment Request is delivered to the City hereunder: (a) Organization. The Developer represents and warrants that the Developer is a Nevada general partnership duIy 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) Authoritv. The. Developer represents and warrants that the Developer has the power and authority to enter into this Agreement, and has taken all action necessary to cause this Agreement .to be executed and delivered, and this Agreement has. been duly and validly executed and delivered 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 other similar laws affecting the enforcement of creditors' rights in general and by general equity principles. (d). Completion of Improvements. 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 U 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) Pavment Requests. The Developer represents and warrants that it will diligently follow all procedures set forth in this Agreement with respect to Payment Requests. .' (g) Financial Records. Until the. final 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 accounting principles, and will be available for inspection by the City and the City Engineer, at any reasonable time during reguIar business hours on tWo business days' prior written notice, subject to mutually acceptable arrangements regarding the confidentiality of proprietary data. (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 -6- u 246122v2 01103/05 280439-000 J AaENOA ITEM~O. Or . PAGE--LOF 90 -- (\ 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) Envirorunental'Matters. The Developer represents and warrants that it has complied with, has caused compliance with, or will cause compliance with, the California . Envirorunental Quality Act ("CEQA") as required for the construction of the futprovements and its conveyance to.the City. . Section 14. . Representations. Warranties and Covenants, of Citv., City makes the following representations, warranties and .covenants for the benefit of the Developer: (a) Authoritv. 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 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 enforcellble 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 Improv~ments. The City covenantS that it will use its reasonable and diligent efforts to expeditiously take 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) Pavment 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. Section 15. Indemnification. The Developer agrees to protect,. indemnify, defend and hold the City, and its respective officers, employees and agents, and each of them, harmless from and against any and all claims, losses, expenses, suits, actions, decrees, judgments, awards, 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 combinationthereof, as a result of or by reason of or arising out of or in consequence of (a) the acquisition, construction, or installation of the Improvements; (b) the untruth or inaccuracy 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 direct or incidental costs of such defense, including any attorneys fees or court costs, to and recover the same from the Developer. The parties acknowledge and agree that the Developer shall -7- (\ 246 1 22v2 01/03/05 280439-0001 <1 AGENDA ITEM NO. PAGE.!i- OF~ -- be released from the indemnity obligation set forth herein upon the acceptance of the Improvements U by the City. 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 Ae.reements. Nothing contained herein shall be construed as affecting the City's or the Developer's respective duty to perform its respective obligations under other agreements, land use regulations or sqbdivision 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 design, acquisition, construction and installation of the Improvements. u Section 18. Bindine. on Successors and Assie.ns. 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 may be assigned to any person or legal entity, without the written consent of the Developer, which consent shall not 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 only be 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 unless the same shall be in writing and signed by such party, and then such wiliver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. Section 21. No Third Partv 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 -8- u 246122v2 01/03/05 280439-0001 AGENDA ITEM NO. <i . PAGEltL OF Clo -- n I?e,:e!~pe; (and their'respective successors. and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. . . . Section 2~. .Notiees.' Any. written notiCe, statement, demand, consent approval, authonzatIon, 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: Centex Homes Attn: Chris Holmquist 2280 Wardlow Circle Corona, CA 92880 Facsirnile: (909) 273-2100 City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92539 Facsimile: (951) 674-2392 n 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 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 !!fier 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. City and the Developer (a) agree 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) consent to the jurisdiction of each such court in any suit, action or proceeding, and (c) waive 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 been brought in an inconvenient forum. The City and the Developer agree 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. Attornevs' Fees. If any action is instituted to interpret or enforce any of the provisions of this Agreement, the prevailing party 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 judgment. n -9- . 246 I 22v2 01/03/05 280439-0001 AQENDA ITEM NO. PAGEllOF q qo -- Section 25. Governine: Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of~e State of California. . U Section 26. Usae:e of Words. As used herein, the singular of any word includes the plural, and terms in the masculine gender ~hall include the feminine. Section 27. CounterUl1l1s. This Agreement may be executed in counterparts, each of which shall be deemed an original. [Signatures On Next Page] - u, -10- u 246122v2 01103/05 . 280439-0001 A.QENOA ITEM NO. ~ ' PAGEJ ~OFgO -- [\ IN WITNESS WHEREOF, the parties have executed this Agreement, as of the respective' . . . dates set forth below. Dated: ,2005: ATTEST: VICKI KASAD, CITY CLERK By: VICKI KASAD APPROVED AS TO FORM: VANBLARCOM, LEIBOLD, (\ . McCLENDON & MANN; P.C. ,[\ By: BARBARA ZEID LEIBOLD City Attorney Dated: ~ IV' J 0 ,2005 Dated: .2005 246122v2 01/03/05 280439-0001 - "CITY" . CITY OF LAKE ELSINORE, a municipal corporation By: Mayor ;'1 "DEVELOPER" CENTEX HOMES,' a Nevada general partnership. By: Its: By: Its: -11- X>6-~ .&~ ])d/$.-. t'AJ AQENDA ITEM NO. C\ PAGE1.~_ OF Clo CALlFORNIAooALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of County of CALIFORNIA RIVERSIDE DATE before me, MARGARET TAULANE, NOTARY PUBLIC NAME. TITlE OF OFFICER. E.G.. ~JANE DOE. NOTARY P1JBUC'" On JANUARY 10, 200Ji personally appeared DIANE P. HOORE NAME{S) Of SlGNER(S) lliJ personally known to me - OR - o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are. subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the . person(s). acted, executed the instrument. ~----==-l ':@.Nota. ryPubl\C.CII.1IfomIa ~ - . 2 RMIr8Id8 County 1 ~ - - - ~~~_-:\~~ WITNESS my hand a.nd official seal. OPTIONAL Though the data below is not required by law, " may prove valuable to persons relying on the document and could prevent traudulent reattachment ollliis form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAl lD CORPORATE OFFICER CHIEF FINANCIAL OFFICER. 1ITllCSl DESCRIPTION OF ATTACHED DOCUMENT CITY LAKE ELS. TR-1578-25479 STORK DRAINAGE IMPVHT.REIMBSMT.AGKT. TITlE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAl o ATTORNEY-IN-FACT o TRUSTEE(S) . ..' o GUARDIAN/CONSERVATOR OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME Of PEIlSON(S,OR EN7lTYflES) CENTEX HOMES, A NEVADA GEN.PARTNERBlHIP SIGNER(S) OTHER THAN NAMED ABOVE \ Cl993 NATIONAl NOTARY ASSOCIATION. B23EFlemn)I\Q!!N01\ 1f'rEM'~ p~ CA 91309-7184 PAGE~ OF 90 CALlFORNIAA'LL.PURPOSE ACKNOWLEDGMENT No. 5907 (' State of CALIFORNIA County of RIVERSIDE On JANUARY 10, 2005 DATE before me, MARGARET TAULANE, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUElUC" personally appeared DAVID L. HAHN fiI personally known to me - OR - 0 proved to me on the basis of satjsfactory evidence to. be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that l:1y his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NAME(S) OF SIGNER(S} I----.~~~-f- ~ Cllmmi88lon',355524 -. Notary Public. CaIIfomI8 ~ Rlvenllde Counly MyCon'm. E>cpiJesM8y16, 2lXl6 WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, itmay prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL IiiX CORPORATEOFFICER DIVISIONPRESIDENr TITl.E(S) DESCRIPTION OF ATTACHED DOCUMENT CITY LAKE ELS.TR 25478 &79 STORM DRAINAGE IHPVKT. REIHBST .AGKT . TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL o ATIORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CENrE! BOMES, A NEVADA GEN.PARTNERSBIP SIGNER(S) OTHER THAN NAMED ABOVE C'993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel AV~4€I'i5'j('lffElfjJJ:'~ PAGE l'i OF~ -- 2461 22v2 01103/05 280439-0001 EXHIBIT A TENTATIVE TRACT NOS. 25478 AND 25479 - AQENDA ITEM NO. q PAGElfL OF qo () () u ii t. 1",1. d it' I JIJ,.~t: ; ""Il,.,,,,I, , i! :r! J!IJI:i1 i. 'po-l",.!t!J.1!''':-J1.1! t ! ~~!':~ii):; 'S~,,!lUI1i"~ : J;f(!j::il"~: . j'I'i~.i- ;;jl' lill:f!j!it: . 'hi"1 .d I.I:T ;.I....j.'rU.,..lll.I,i ~:.,ii!t~!r~:.II:;;;!!:: .! hJnUn;il'lil'~;I~h ',:::!, .._r.._..I,_'''''' j l t,~,-,_ ;! '" ~'. . . . l g !: ! " I, :1 ,; f H H I~! 'I ~i I:; li:h :1 .nill!1 : '!; .98 -~~:i~~. . ---,:~-t~~ . ~/ .;), / ' 'V Ii ~. I~ ~ iH.~; \ll; :!~!:: 1 ~~iHi!f i~ ti.1,ilt l~.,..'!, ;m:ii!;l . 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AQENDA ITEr~' q PAl'..F )OF <10 lIlI.l;~ , 1 .- 1 ~ j Ii- · U .i I · II I ~ ill i , .~ ~ I IIlI "1i:1f . II .;. "j -, . , ~ I.,. II I I Il~ I II..~. .. I'" i IU! I ~~! . .,. iIU .- III 2::- · f.. I- -, I ~i .. i~i ld . ~;~ u ~. 1=8 .. . . II fb !ii.l .. I ll:1 i;~I~i; 1!li 1.1&8 II "Ih. ..,..... II'''! i. ..11511. () -= -- r. 'e'I::J:"-=-_~ "-'\ ---~QENDA IT~c. NO. Cia . OF PAGE --- l . ;~p.1i! .. -- l!I! I i I J . . ::lE . w z :J ...____._';1:::~-..~--~ AfliENDA ITEM NO. C\ PAGEi10F 0.0 /~~ Ii ~... :;I~~~ . , (........ u \ \ I U , I I I I . II 0 . ..1 .. ... I ~ z ::; . I f . r!i el~1 .. ji _ 'iI~ 5 -.1 I. ihh l-tWil !!iti!b- I'.""..' I.mdl p. ~D~ () (\ n (\ 246122v2 01/03/05 . 280439-0001 -- EXHIBIT D . . . STORM DRAIN IMPROVEMENT COST ESTIMATE, - . ; ~ , . -4- ., AQENDA ITEM NO. PAGE.B OF q C\c:> - '" -' -- " ..J o=..,;z~~~_ ggg " 8:g. 0 8800' 11 .... 0 .....co ",,!Ogo'" g~:gdgodidgg :2 .... ...;.......:utN 0 OCOO ""lOeClON ~. .000 fDOdldgd~gfD~d$ C 0.....(")1'1010 00 0., .. Z ::~:t;~~:;:fIOJ"'~~~ IONO..M..O....:!:f')... 0 " .... tI't tit ......... ~:2:;: .. ;U..... ... 0: w " " z 0010 i3 UJ~:!:g:~g 000 g~~ 0 lIoO 0 ~g ~ ii: .... 0 .. :1........,.:;: ::::;:;1 :;:.;;; ::: ~~=" .. .......,. ;;: '" on 'lilt UJ'" a: .. ..J :1: " Cl)M...."" . . ..."!ctio_o..............!-o .... o~g:f:d:ei....,OOMU)CO 0 ..0 . M ............. ..... .... '.. ;;; ....~ ..... - ! ",0" ;i ujcrio N",", - ...~N ... I :1;, ~ ('II . -'... ~ .. < ... " ~ .. ~ ....~~ :1;" " I .. ..- .. - N_ - - .. "' , .; ;i ... ~ ~"' -- "' .. .. 0 ~ .. "I ~ :IN _N - - .. ci ... .. :I .. .. I ':'! - - - - .; "' c 'j! c E 0 in ~ " . ~ , !!! D E 0; ~ I!! 0: c ~ ;;3 tl 0 ~:n~-=~:I .5 e - c .. 0 c . W U _N~tii EOOIU. XClJo 0 ~~;l!ilcf-~~ J!! Q.Q.Q.o..o..D.Q..!!N"'Q)lDQ)~ ~ ~~~~~~~~~~:g:g:g"5 w ~:O~biol.,fogcq~iliiiii ..:.~:e = IrS:3~]i e_ o 0: .......NMM........O..,-.::!::E~O a:....O:I:z:E::I:w1:::....o. ~c;;~~~~~~~~~.~~ :;;:~~;~~~~:z~ u u u ACiENDA ITEM NO.~ PAGEn OF.1J.sL n n CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Mayor and City Council FROM: Robert A. Brady, City Manager DATE: February 22, 2005 SUBJECT: APPROVAL OF FINAL MAP 25478, a Residential Subdivision by Centex Homes located northeast of 1-15 and southeast of State Highway 74 off of Rosetta Canyon Drive in the Ramsgate Specific Plan Area. BACKGROUND Tentative Tract Map 25478 was approved at the regular City Council meeting on August 12, 2003. Final Map 25478 represents a consistent division of the original tentative tract which consists of 107.958 gross acres, divided into 255 residential lots, I schoo] site and 44 lettered 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: iLc:?/~ COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION APPROVED FOR AGENDA LISTING: CI n Attachment: Final Map AGENDA ITEM NO. I [) PAGEiOF-'-- u u u n I I' n n CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: ROBERT BRADY, CITY MANAGER DATE: FEBRUARY 22, 2005 SUBJECT: PROCESS A QUITCLAIM DEED FOR'A REMNANT PORTION OF RAILROAD CANYON ROAD BACKGROUND Railroad Canyon Road was realigned in August of 1990 and as a part of the realignment, the new right-of-way did not incorporate the old alignment, but was an overlay to the existing 60- foot right-of-way. Portions of the pre-existing 60-foot right-of-way meander through portions of a proposed Pardee residential development, through portions of the current Railroad Canyon right-of-way and portions of the commercial project located in the Cottonwood Hills Specific Plan. Pardee Homes has submitted a project which proposes to develop adjacent to the "new" Railroad Canyon Road and overlaps the old alignment to the remnant piece of "old Railroad Canyon Road." In an effort to rectify the right-of-way lines and acquire the remnant piece of Railroad Canyon Road, Pardee Homes has submitted a request for the property to be quitclaimed in favor of the adjacent property owner. The remnant piece is adjacent to and underlies a portion of the "new' Railroad Canyon Road alignment ANALYSIS A request has been submitted for the pre-existing alignment of Railroad Canyon Road located within the Cottonwood Hills Specific Plan to be identified as no longer needed for roadway right-of-way. The request further asks that the property outside the existing road right-of-way be quitclaimed to the adjacent property owner, Pardee Homes. Staff has reviewed the parcel in question and has verified that it does not impact the current right-of-way or the existing alignment of Railroad Canyon Road. FISCAL IMPACT None. AQENOA ITEM NO.~, "-,. PAGEl OF " RECOMMENDATION u Staff recommends that the City Council approve the conveyance of the pre-existing right-of- way outside of the existing easement of Railroad Canyon Road to Pardee Homes via quitclaim action. APPROVED BY: ~ a./t.. ...,t . COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION APPROVED FOR AGENDA LISTING: Attaclunent: Quitclaim Deed Plat map u , t, u 2 AaENDA ITEM NO. \) , PAGE~;-;- RECORDING P.EQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND, UNLESS n OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: NAME PARDEE HOMES ADDRESS 10880 Wilshire Blvd, Suite 1900 CITY, STATE & ZIP Los Angeles, CA 90025 SPACE ABOVE THIS LINE FOR RECORDER'S USE mLE ORDER NO. ESCROW OR lOAN NO. APN NO. 363-210-003,006,011,007 TRA 005-'152 QUITCLAIM DEED. NO CONSIDERATION REALIGNMENT OF RAILROAD CANYON ROAD THE UNDERSIGNED DECLARE(s) THAT THE DOCUMENTARY TRANSFER TAX is: CITY $ 0 , COUNTY $ 0 O. computed on full value of property conveyed, or o computed on full value less value of liens or encumbrances remaining at time of sale; o Unincorporated area: IKI City of Lake Elsinore, and FOR A VALUABLE CONSIOERATION, receipt of which is hereby acknowledged, The City of lake Elsinore, a Municipal Corporation Successor to the County of Riverside, State of California, <laIdoes hereby remise, release and forever quitclaim to Pardee Homes, a California Corporation (? following described reai property in the City of Lake Elsinore, County of Riverside, State of California: a strip of land 60 feet wide, for roadway purposes,. together with easements for the construction and maintenance of slopes, walls, and aprons of culverts or bridges, granted by deed and recorded Mav 24, 1949, in Book 1078, page 585, in the Official Records of Riverside County, California, together with all interest arising' from said deed lying within Tract 3049~, recorded .in Map Book 367, Pages 17 through 25, inclusive"recordsof Riverside County, California. . . Dated: FEBRUARY 22, 2005 . .. . STATE OF CALIFORNIA, The City of Lake Elsinore, COUNTY OF RIVERSIDE} S.S. A Municipal Corporation. On 2005, before me, personally appeared . Robert Magee, Mayor personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose. name(s} is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hisA1erltheir authorized capacily(ies), and that by hislher/their signature(s) on the instrument the person(s), Of the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. . I , AQENOA .TEM NO. . PAGE 3 &; Signature OF MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE. Name Street Address City, State and Zip . f:. ~ \1 ' >,A07:~ ,<,,587 o cL ,'I -J ! @a; 1 ~j~~gj"~:~; ,',. I.C _ ~ ;. t.;. g ': e~j 'cdl-i~ '~ ;~;. J;r i1~.,~ ' wu- I;; 'i~~; ...V -J f.;.:' '-.: -.... ~ ~ I ,; ..... u ,. :-: , " .'. '. .r.' '" ." . . t <~4...... .... ~!'I'" ,........-'1......... ."V' .,.....~ ~ r " ". ~.-." ~. ';':.',/ - ,I ,~ l . " . ~. "~' ':. . ,c~,. . ~..' " . -', .'~ / 3lk<onllilieratiolt ol~.._~_:~~~~~~J:'~~4~~~ii.~~~.w:~___~~~.._~_..j.~llan , ' , ' , , .~-----_.'-.~._-"':"':"'--~,~-~------:----, '" __ ..~-!'lL~_;..~.~l~:,L~~~_~.rit~. -~~_.._--_.__.~_.-:-::--. , . ,'. '--'",,' . k~~~ ~.GND' 'o..:.~~;_.F4-Q.~~..::lLITl19~.~!4sl!._~_.~~--:-...:_-', -; ... - ., '.._+_;:...;..._~__'.,~_____.__.:.:.:-,-_~~~'-:::L.~:':'.w~.~~_::':-_.__..~._..~.:- ....:" ._w~___.____ ':I,L_'~:~~~~:'='~.~_..~_.__:~__.~,"/'__~,~_,__~~,--...----..~...~ Co~!J .r~~~_:_..B.1..:iz.oU1d.a:-...--.;_':___:.:?f--7 Stat.-oI.CtliC.rm.." delc:ribed as fol101n: . . . . ' , " . j' Lot E1eht)'{QO) u, ehown-on that', certalnr::R9 entlt10d "K!.:;:!oQY . ..orchll:-d Tract a8 filed, llovem~",r 26. 19.:54 In the' oI"f1ce-jOf the CO'.lnty R"ecorderof tho'County--o.!',)-Rlver.s1d_8. stato of Ctil1r:om,~n', . In "Book 12 or. mtips ntplgo 29 thereot.; . . ~ A1:"o_ 'an Undlvld~~ 1/120thl~t~~~~~~:-, 1n: Lot li:2 of. f.1L"Tleny : er:c:h.o.rd Trnct,.o.5 ~ho.n by ~p ,on :,t11e-.1n the Orr10e of too Count.yRl!Icordar p' Records ofRI-~'erddl'-, C~untr p,' $tnte of C811fol"nin~ In 300k 12,_G.t _pngo"29, thereotp ,together wi th e. .l1ko -lnt6r,~:;t; IntheWell,~nd pumplng-plant_and .at~r-~y.sto~_loca~~d :t~ereon and t~ wat,or pipe",: ,rIght:! or' ,way, wato!)r' l}7"te:'il am the nppul.tonQnee~ located on 80id -lot 'and salc..tract) and u3':!d tQ cel1v'!r lI'ater rroRt.' tta!d Lot- 12;fl:._to the lots tn saId trnct. u " ", ~I WITNESS_._. ....EO!!:.._ .Jw>d__ ..1L........"l~.tU ----...:. 19. .4~.. ~-_..- ...' ..... ..---'-.----...-- , .-. ..-. . q,g..-.------..--- . . _____~w.__.___.____ ----~---~~-...._-_._-.- u .~\ ", .: "--..,"" AQENOA ITEM NO.-.lL PAGER OF .{o' , ("\ ".;.; J 071'1 "\,r586 . RA!Ll~('-AD C"'~lIONRO IlJ IIAX. - 1 9 .~ 9, c....'ln" E. JOlIl!S ) !!l!H, r' ; (\ 'or t.M Cciunty ot Ri -ie"raidS ,. 5l,ate ot California., for ~ :1n t.'"le act.ual cI)n51deratlon of' the su.~ of' en. <$1;.00) 0...11:1:'-':- to . . . 1n hand p41d,' Ule receipt :oC wnlch is hereb'j a~knOl'l'ledf;Cd,dO '- -- herebY_lJrant. t.o the"COUm OF RIVSR51.DF., _sr'lL; or C:\I.IFf::t'fJA, the. [oHattin&: dc~ scri.bed property 8~t\1llted,in"the~_CaUn~Y or Riverside, State or California, ~.:l-'o1':Lt_f A portion or >lie1l-l/2or ....u, T. 6. S., R. 4.., S.B.B. &, Y.; whioh is included -wlt.h1n a strti' of lanlf 60 t..t. in right ..gle w.ldth, b81ng _30r.et ~- ..ch :'lid" or the.!oU~_do8er~bed ~~.r-li.ne'. : '." - . " . Beginning' at. & ixd~-,OJ1 _t.b.>.iut. bOd..:rT <J{ sec. n,.T. :6' s., "R. 41r-., .S~B.B. &11., frOlA.lfhl!=h,point. _~ _Q!)~ corMr _of .aid Seation't.nw: '!~oa.oSt~,J:., · d1s- tance'of '2342.S3reet.;.tbRceoD..-)OOO .toot radila cur,.. to, ths len, barl.ng. "central angl.e or "ol.22IJ.5'1-tar.-. diat.cce at n.18 te.t~'\he~..R.1)~03'OO":'~';,,&, 'distance ot.6l.1..21 r..tot _~n.c...on & ~.toot: r~1uS e\U"Ye t.o.: the ri~,..ha1ric ,. central ;in.gle'ot,-,l,2-11r)0I' ,tor a diat:.nce ot'p&.13,.teetJ thence s~6b: )9')OII,-Z.,'. 'dilltmce ,-ot.168.b6:tee"'; tbeoce' on -....UOO toot'rad.1'lU1l cur.... "to tho b~, -havillg a ;~entral.angl. -ot SS.06.'OO".tor .d.~. of lOS1.84fee'tl therlC\l on'an 6OOt~ :radi'.. c~ t.o'the :,htt.L'~ & ceat:'al'.-cJ.e.' of 38~o)'OO- .tOr& d1atoance: of' '.~ 5J1.Z8 -teotJ', theace 1.22-n1)0' - RUt, &'_dUltane._ol .-104.07' tert._ :thence . on . 2000 ; toot. radius C_Ul"ft to .the .r1ght. )Urring a cent.ral.:' ang1.e or g2.oJtOO':tor'a d1at&DlSe, .;,or 699.88.-teet; th~!Ir~.::X.. b2.ib'3,()II_ Ea.jt.-'. d:Ut.aDCe of_ 256.45 teet;..thenceori. _a.' '.' ~ 2000 (oot:t'idius curn:t.O-,ttW _le!:t,' .harinC.a:;oieatraJ.' angle."ot 12"00',001' tor.-~" -tance. ot .W.88_ re.'ti_ tbeDC4i _Jl~30.1h'3CJ1' .&ut,._ dilItance or 66.14tee-t_to 'apoiDt - .'. on. _-the lfortb',bOuDdar,. ot.the ~1./lI.ot s8.14 _sec-tiozr.U, troa which pcim:t.be- Jut '. '- cor'DlZ' 'or.th4t Jm-1A ot.ea1:d S8cUonU _bean 8,~69.l&9'2Q11 ',East & d:1rtal'J:. of 1)to.66' . teet_ -': '.., ;' ", ,"~'..' .' .--:- '. .--.' .The .dd8_l.:lnItll.ot tbt,a~"~aCJ:_1bed.'-~t.rl.p ot-;imd._,'.bal1 ~ prol.~ ar~b~ 110.&5 to,'teridDate"at._tbe lI..t.boUDd;T'l of.the ..l/la.aDd,:the Kortb' bOuodal7'ot, 'toM tm-l/L or .~ ~t1oD",1l,.. T~..6,S.;R..k ''-",S.B.B,~ It.ll.' . . . . . .There 18 _ aiso-- grant~ .n. $uaent t.o' -.Ut.eM:~b~- 1Il0ptS or ~t oi-!1U ',t.'o_ ext'end the erd ...alls, ring walls,ora-proDS_ o!::c1i1,:nn.,:-or-bridge" as tar all e1tb-r aid.' .otthe abave' a.,cribed," lItrip ,01 land ~.q ba-.-DeC....ary to properl7_coftst.roct, an:1l1lunt.dA t~_ road th.re1nI'pi'oTl~,that._.the edge. or the roadwaf proper' shall at no pl.ac. .~.bejODd .th:<<"J.hs1ts-.ot"..a.1d....trip~ ot ,1IlCld. , '\. IN illTNtsS ...or.m!:X)'" . .r. 914 day or ,-.... In..; . . .~ ':';1.:.. ~.;a............. t,his hAft hereunto aot "".. hand - 3l'ldseal-- . 19 "f .-() - - ~:~;. J?V-m1C~ SBAL. . .f '-,:;; J' I{ ,! sm. n . . $tnt< Ql <talllQrntn, ..1... . . .. ... .. CouDtyo{R1venlde.~' .,:_~. "'- -' ' : , O'f...;.__.~_~.A._,"'--.__~._4~~~~-_' '._ ~: '~';"I~;,;;-.:wi~""." hNNJ:'.I#. ...~ , '0 'A Pequt!'gr:!at' COVMnc:u:- , OC:1.KfIIItCW'TM".I~ -/.r.7"_' ". ..f'w,...... .' ,,,0- ,~._.~-...o...QIl.YH.a.CoDI.l..rtOt...,_._~.II.'" .!I f! -. - . ..... :"&~T.".'-'"'' ~'? .",.-,_. .' - ,-' ...u. _~_'. ,uc.n.~.G,"J/..~,,---~.. ,,-,-.......-..--......... "...~.-.:. - . ~......,_,.,MI.,_,..,.......,_.....iMril~,.I.,..,...--.....~.. . "J _..,,~t___~,..H.......A,-_~_.~_uM:n_"-u~.... ,'.' .. II~,.,' ...., . . >:~:............ r. ~ ."" -I R~/4J. JI.,,-/ c-Jf",..... tMI -- Jnt-l ,. ....~-- '---'~--:'- .,:~'.'--:.~..' :;);-~1----':"'-~'- ~-,.'.. .-.r.. -.,' . - --. . '._'.. ,~ ~ ,;_j~",'--,,....,...,.._,,,..'......~._....~___..,it__.J".$.- , . -;~.~..../.;:_::.,.. ).!1!~' .~.I._,...tIN.~.-:-~r....;..IMwA..-IhJ_~.--.".;-~~~ ..,.,.... . _,". 4_1,,'N..J/A#rt~M-,..... ....u-.. . . . ./?~..;:.....>< ~..., .-1...tI)KH_ wbnC04 ~ ","..",.,.Ml * _0JIa.M 3.J_,....... ..;,.. . :.Vj:.;:.~~~..J'H'i.'...I~JfSJ..Hw ~n~-:-t:"J.~:_~~..:~~.~,~~, . ,.~.~ ~.~(:i~;,.J;-.:.~ AQENOA ITEM NO.-LL-. PAGE~OF (0 ~ ',r:fl>.1U73 ,5S~ '. ' u , ' ' 1WI00000ICN ACOEPTING DiED,' ","\ Upon ~t1ol\ ot .8?PervlBor ~!~l'aor Ilaalq .:. and dull. oarrled, the: tollc:.....1nil; resolutiQn. 1_' , ' ..condod byliUp.- Wl18 .-ndopted, .tr"-wltl . B~ ,IT ,'uSOLm>~', thl&.'; ?:'t"d' '4&1 o~ ". "'. JolllV ;., .. .:t:he BC?_ard or '~uperv1'aor.' or. .the'. CQun~,. ,or .lUv:er81d~;' Sta_t.e ".ornlt\, "that .the deed, dAted "'h.t" Qth 194..2J by , ot.Cal1~, ,194~ eX:o_o~ted-.bY Caset_ S. Jen.... - .~: . f .-"~ -r I "\ ~o th~..~~~.ot:.~~e.r8_1a..;. S~a:te of., OaJ.1~to.rn1A, be, ~ "it 1s heN- -. 'b:t~Co~ted~: ~d.' . ~~, .~, , , IlJ: !T ~ 1UCS00vl:D, 'tho.t'a ~op:r ot th1.,reao1utioR bt ntt~ohed ~o.: ~dd-. . ," '. de~, ',~~' t~~;Ui~: 8eae~e ~O-Ord,;.. ". .9c1.1n" the; ~tt1o_'e. or'~e ',co~ty .~oo~e7.::Dt_. th~. .C~t)' P+ R1irarB1dej Cal.1tom1a,' and ,then tUed--.1n .tha, reco:\\& .ot- th10 'Hoard. u . -...",.- ., STJ.Tll ~ ,CJ.LI7OIlNIJ.I... ' ..,COUllTY OF IUVJ:!'JlIDE " , I I,G. J..PEQu;l:GlIi'r, Cow\;ty Cl~rk and',lIix..;ctfio1o Clerk, ct 'the ',Bqard o( ~p~rvl~O;8.0~ 'sal_d -Cfun~,.,>he~~~f'o.ert.1.'tJ' ~o' to~SO~g to .~,e a: f'Ul.l,..t~e ~c1:o~~o~. _OO~~ ;~:~.-.th8 --roeol'Utlo~. aoodptlrig th~ 4o~dlltt'i\ob(td _hereto nnd enter-ad -on :~o -23rd .4qot. lI.fIIT i'!1~.JL; 111&010 42 otSuperv1liof~!ll1Iiuta., at Pap 61 .' ~ i theroat. J " --.1' , 'Di'--\TImSSWHERZ~i', 1. havo hc:iraunto Bet my,bend. and .l1tt1xed I my ottj:olaJ.sa.a:l th.1S., 2:'\rd day -or Me'\" , 191$.~.:' ,.:t. J:;"l'ilQ~ 0LEIlX ;:=~~~~~:;EPun :: ,:, ,', &}",:" ~:~. .....;:.:.0;..- /:::' - .:t' ..... ,-. "...,. .;;--,.- "i:- -.'.,. , ' ....---.-'""... ~"Il~;".':;"-'(..' , ' . ' ;. __.j,. ~_~'~'~'i;;~_,:;.,;;t..:~t:.~~~~:i~f~~~"'I;:<<;ff~J"".;.;,~~-ri :;_:"~'~";(' i';':'"\J.i~~",:.:...,<.!1.;.;.;~-':"":':".;'..'/,,,,-,,;~,,;;,;,,,,,,.;;. ..;~. u AQENDA ITEM NO.~ PAGE~OF~ (1 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, FEBRUARY 22, 2005 DATE: SUBJECT: TENTATIVE PARCEL MAP NO. 31901 APPLICANT Mr. Gordon Duncan D&D Cattle, LLC., 18501 Collier Avenue, Ste, B-I06 Corona, CA 92882 REOUEST The subdivision of 1.82-acres ofland into six industrial lots pursuant to the requirements of Section 16 "Subdivisions", the Lake Elsinore Municipal Code (LEMC) and Section(s) 66424 and 66427, of the California Subdivision Map Act (CSMA), and the C-M Commercial Manufacturing Development Standm:ds, BACKGROUND At its regular meeting of February 1,2005, the Planning Commission adopted Resolution No. 2005- 13 recommending approval of Tentative Parcel Map No. 31901 to the City Council (planning ,. . - Commission Staff Report, Resolution, Conditions of Approval and,Minutes are enclosed). PROJECT DESCRIPTION The proposed parcel map will subdivide.. the aforementioned 1.82-acres of commercially manufactured zoned land into six separate parcels. Parcel No.1 wilJ be .39 acres (16,965 square feet), Parcel No.2 will be.25 acres (10890 square feet), Parcel No.3 wilI be.25 acres (10,890 square feet),Parce! No.4 wilJ be .36 acres (15,760 square feet), Parcel No.5 will be .27 acres (11,825 square feet), and Parcel No.6 will be .3.0 acres (13,078 square feet) The subject site is located on Collier Avenue between Central Avenue and Chaney' Street (APN 377-151-0(2), within Redevelopment Project Area No.1. AQENOA ITEM NO. ~ I """', PAGE , OF,;l a REPORT TO THE CITY COUNCIL FEBRUARY 22, 2005 . PAGE 2 u . SUBJECT: TENTATIVE PARCEL MAP NO. 31901 DISCUSSION There were no items of discussion at the Planning Commission meeting. The Co~ission expressed satisfaction with the proposed subdivision. ANALYSIS The proposed subdivision meets and exceeds the development standards of the Lake Elsinore Municipal Code. Staffis supportive of the 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 "li1fill" projects of 5 acres or less. No further environmental clearance is necessary. RECOMMENDATION u It is recommended that the City Council approve Tentative Parcel Map No. 31901 based on the following Findings, Exhibits "A", "B", "C" and "D"; and subject to the attached Conditions of Approval. It is also recommended that the Redevelopment Agency concur 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 Municipal Code relating to' Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code,' and Subdivision Map Act. ' 2. The proposed subdivision is compatible with the' objectives, policies, general land uses and programs speCified ill the General Plan (Government Code Section 66473.5). , . . f 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. u :11 ACAENDA ITEM NO. ". PAGE d. OF ~ ~ n (\ (\ ~, '~ REPORT TO THE CITY COUNCIL FEBRUARY 22, 2005 PAGE 3 SUBJECT: TENTATIVE PARCEL MAP NO. 31901 ,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 fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code. will provide necessary public services and facilities. will pay all appropriate fees. and will not result in any adverse environmental impact. ' 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. PREPARED BY: , . Kirt A. Coury, Associate Planner ~G. Villa, Planning & Co~e Enforcement Manager REVIEWED BY: APPROVED FOR AGENDA LISTING: Cit "i' A TT ACHMENTS Exhibit "A" - Location Map Exhibit "B" - Tentative ~arcel Map No. 31901 ' '., ' Exhibit "C" - Planning Commission Staff Report, Resolutions, Exhibits, and Conditions of Approval dated February 22, 2005 Exhibit "D" - Full Size Exhibits - , AQENDA ITEM NO. J- \ PAGEl OF ~ ~ ; " " il u GENERAL 1. The applicant shall defend (with cOWJSel acceptable to the Cit0, indenmify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Parcel Map No. 31901, which action is bought within the time period provided for in California Government Code Sections 65009 and! or .66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. TENTATIVE, pARCEL MAP NO. 31901 . ' r . 2. Tentative Parcel Map No. 31901 will expire two (2) years from date of approval unless within that .period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC . 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements' of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. u . . . 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Conunission and the City Council shall be installed, or agreements. for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. . All uncompleted improvements must be bonded for as part of the agreements;. ... . . 5. All lots shall comply with minimum standards contained in the LEMC 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC . 7. The applicant shall comply with all conditions of the Riverside County Fire Department. . . ' 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 10. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 11. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified U School District (LEUSD) prior to issuance of building permits. AQENDA ITEM NO. 2.) PAGElOF d~ CONDITIONS OF APPROVAL Page 2 of 6 n TENTATIVE PARCEL MAP NO. 31901 12. The Multiple Species Habitat Conservation Fee (MSHQ>) will be due upon issuance of each building permit. . 13. The applicant shall pay all applicable fees including park fees. 14. The applicant shall meet all requirements of the providing electric utility company. 15. The applicant shall meet all requirements of the providing gas utility company. 16. The applicant shall meet all requirements of the providing telephone utility company. 17. A bond is required guaranteeing the removal of all trailers used during construction. .. 18. Prior to issuance of a certificate of occupancy, the applicant shall prepare and record CC&R's against the commercial manufacturing business park requested herein. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R'sshall established methods to address design improvements. n 19. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 20. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 30. All Public Works requirements shall be complied with as a condition.of development as specified in the LakeElsinore Municipal Code (LEMq prior to final map approval. 31. Pay all Olpital Improvement and Plan Check fees(LEMC 16.34, Resolution 85-26). . 32. The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the K-Rat Fee is $910 and the TUMF is $23,300 if building permits are obtained on! after July 1, 2004. 33. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior . to final map approval. . . 34. Dedicate a 5 ft. wide strip of additional street right-of-way along the frontage of Collier Avenue to ('\ the City prior to final map approval. . 35. Sidewalks, with handrail, will be required to be constructed along Collier Avenue. A~NDA ITEM NO. ;)... \ , PAGE~OF~ CONDITIONS OF APPROVAL Page 3 of 6 TENTATIVE PARCEL MAP NO. 31901 u '.! 36. If the eXisting street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the Gty Engineer prior to issuance of building pennit. An encroachment pennit will be required to do the wOlk 37. Construct all public works improvements per approved street plans(LEMC 12.04). Plans must be approved and signed by the Gty Engineer prior to final map approval (LEMC 16.34). 38. All parcels shall have direct access to public right-of-way or be provided with a minimum 26-foot ingress and egress easement to public right-of-way with no on-street parking from the tract boundaries to Minthom Street by separate instrument or through map recordation. . , 39. The 26 foot easement for access to Parcel Map 31901 must be approved by the Riverside County Fire Department prior to final map approval. 40. Riverside County Fire Department must approve easement widths and turning radii within the site prior to final map approval. 41. The 26 foot ingress/egress easement to Glaney Street must exit onto Glaney Street at least 200 feet from the intersection of Glaney Street and Collier Avenue. .' , 42. Developer shall 'contribute $4,600 for the design and construction of the landscaping for one-half U of a "raised landscaped" median along the frontage of Collier Avenue prior to issuance of a certificate of occupancy. 43. Provide reciprocal access easement to PM 21297. 44. Applicant shall install street lights consistent with GtyStandards along Collier Avenue. 45. Street improvement plans and specifications shall be prepared by a California Registered Gvil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, andGtyCodes (LEMC 12.04 and 16.34). . 46. Applicant shall construct public improvements or enter into an agreement with the Gty for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 47. Pay all fees and meet requirements of encroachment pennit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 48. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Ih" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public . works improvements will be scheduled and approved. 49. Applicant shall obtain ,all necessary off-site easements for off-site grading from the adjacent property owners prior to' final map approval. ., u A~NDA ITEM NO.' 2. '\ PAGE (p OF ~a CONDITIONS OF APPROVAL r". Page 4 of 6 \ I TENTATIVE PARCEL MAP NO. 31901 50. 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. 51. Provide fire protection facilities as required in writing by Riverside County Fire. 52. Provide street lighting and show lighting improvements as part of street improvement plans as required by the Cty Engineer. 53. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 54. Applicant shall submit a traffic control plan showing all traffic control devices for the project to be approved prior to final map approval. All traffic control devices shall be installed prior to final . inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets : within the tract. . 55. All improvement plans and maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and! or diScs which are. compatible with Cty's ARC Info/GIS or developer to pay $300 per sheet for Cty digitizing. (\ 56. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving tili' . u ty. .57. Apply and obtain a grading pennit with appropriate security prior to building pennit iSsuance. A grading plan signed and stamped by a California RegiStered Cvil Engineer shall be 'requiredif the grading exceeds 50 cubic yards or the exiSting flow pattern is substantially modified as deteimined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading pennit shall still be obtained so that a cursoty drainage and flow pattern inspection can be conducted before grading begins. . 58. Provide soils, geology and seiSll:lic report including street design recommendations. Provide final soils report showing compliance with recommendations. 59. An AlquiS- Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. .60. All grading shall be done under the superviSion. of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion controL All manufactured slopes greater than 30 feet in height shall be contoured. 61. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. n 62. On-site drainage facilities located outside of road right'of,way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage . easements shall be kept free of buildings and obstructions". AGENDA ITEM NO. 2.. \ PAGE '7 OF;;l.~ I CONDITIONS OF APPROVAL Page 5 of 6 TENTATIVE PARCEL MAP NO. 31901 63. 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. . 64. The site is in the Flood Zone AO, FIRM Map 0606362062F Revised August 18,2003 and building pads shall be constructed 1 foot above existing adjacent grades. 65. Meet all requirements of LEMC 15.64 regarding flood hazard regulationS: 66. Meet all requirementS of LEMC 15.68 regarding floodplain management. . 67. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. 68. Submit Hydrology and Hydraulic Reports for review and approval by Gty Engineer. and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/ or erosion caused by devc:lopment of site and diversion of drainage. 69. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. u 70. Storm drain inledacilities shall be appropriately stenciled to prevent illegal dumping in the drain U system, the wording and stencil shall be approved by the Gty Engineer. 71. Ten year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 72. Developer shall be subject to all Master Planned Drainage fees and Will receive credit for all Master Planned Drainage facilities constructed. 73. Applicant will be required to install BMP's using the best available technology to mitigate anyurban pollutants from entering the watershed. .. 74. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide an SWPPP for post construction which describes BMP's. that will be implemented for the development including maintenance responsibilities. 75. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertiIizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "N' in the Riverside County NPDES Drainage Area Management Plan. . U 2\ AQENDA ITEM NO. PAGE 8'"" OF ~~ CONDITIONS OF APPROVAL Page 6 of 6 n TENTATIVE PARCEL MAP NO. 31901. 76. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 77. Parking lot and roof runoff must go through a filtering system before draining to the public maintained storm drain and or provide permeable parking lot gutters. 78. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the Oty Attorney. The cx:& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 79. In accordance with the Oty's Franchise Agreement for waste disposal & recyc:ling, 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. n n . AGENDA ITEM NO. ;).. , PAGE q OF ~~ VICINITY MAP TPM 31901 0&0 CATTLE (APN 377-151-062) u / u ~ )(- . EXHIBIT: .... .. S i . h ~J III I I i~ . I .' I . I IiI !Ij I ~ ~~ I II I~ I . I <e I ~ ~ " ~ " .!. I. S ~" i Ill!!! ." i ~h .. I I ell .2. 1:lill III iiI i~ .. !' I I'; I. . i. I. ! I ~ l!ll !,iIHln !lil; I ddd, m.m II . I I ~,..; Irng:~ ~i=,_-=-, . .-.--------..---.-.~=-_-~ ~l.-~;~~~:-_. ;! ;1 ).. 'I ;~ . t:~!L " 1/ ~ ~ (\ I! " . II _0 Slrl I' ~~ i ~ 'h" :'~II fG .J~ i~ ' ,r It . ~.. ,\ , ~ I' \\' ~ /'1" \\ '! \!!f2 I' !~ tl . II B i 0 1\.0 ... \~ . >~ :J :J . 'i? II , . . , N",'f' , ~: I ., (g) ','1 uf$i~ I.' , ~~~ , @ " , ~-~l.._~. , , . 'i? I I @2) , 'wi ! . , 0 . @ I::> ' I ~Z I . ~ " W, l:i I j~1 " @, \ ' ~ :1 ! r.:-.J,---y; ~ i~ ". 1f :1 I ".. . ~O """" ~ ' " ("i::1~ (\ d .(1 ':c ~ ! : 3.01"'(U'~H .'. I!M . ,...----~ :1 I , " 1. :UI," g It) .- .. I , g -oJ.. @S :1 I i :'::.': W..... ,;;,01' ~ I .. a: , "' II , <l' ~ I 0.. . @, ~ \ a:, S I!M I~I ~ ...I , .~ 101 = ~() lJ= ~ ' ~ :1 ! lJ= :1 I ~ I II I!!!JI \ lJ= :1 I ~ , I I ~ , ~ I l '" -I I (\ ,I . .,' ~ i1 i ~l lid lin I 81 liP; '!:! I ~q'i 'I r! I 1.-' .. ...... l I III!' i.',' . _ !1!J 1:'11 ~ !I!jl ll!: i .Jmh ...: t I . .1 PLANNING COMMISSION STAFFREPORT u City ciLakeE1sinorc: . Planning Division 130 S. MaD Street I..aUElsll.Ore,CAmJO (909)674-3124 (909) 471-1419fax DATE:. February 1, 2005 TO: Olairman and Members of the Planning Conunission j, FROM: Robert A Brady, Gry Manager PREPARED BY:. Kirt A Coury, Associate Planner PROJECT TITLE: APPLICANT: Tentative Parcel Map No. 31901 Mr. Gordon Duncan, D&D Cattle, LLC, 18501 Collier A~enue, Ste. B-I06, Corona, CA 92882 u . ,REOUEST The subdivision of 1.82-acres of land into six individual parcels pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMq. LOCATION .The subject site is located on Collier Avenue between Central Avenue and OlaneyStreet (APN 377- '151-062). Access to the project site is taken from Minthom Street then northeast onto the extension of Birch Street. Access is restricted on Collier Avenue due to a steep elevation change. ENVIRONMENTAL SETTING North South East West .. Gurently Under GM (Commercial Manufacturing) Construction for Six Industrial Buildin s Vacant Vacant Two Industrial B uildin s Vacant Business Park Business Park Business Park Business Park u AGENDA tTEM NO.~ , PAGE \ ~ . OF a~ EXHIBIl: "(: .. ~ (\ PLANNING COMMISSION STAFF REPORT February 1, 2005 PAGE 2of3 . PROJECf TITLE: TENTATIVE PARCEL MAP NO. 31901 PROJECf DESCRIPTION The proposed parcel map will subdivide the aforementioned 1.82-acres of cominercially manufactUred wned land into six separate parcels. Parcel No. 1 will be .39 acres (16,965 square feet), Parcel No.2 will be.25 acres (10,890 square feet), Parcel No.3 will be .25 acres (10,890 square feet), Parcel No.4 will be .36 acres (15,760), Parcel No.5 will be .27 acres (11,825), and Parcel No.6 will be .30 acres (13,078). . DISCUSSION The Planning Commission approved an Industrial Design Review (No. I 2003-06) and Variance (No. V 2004-01) for D& D Came on March 2, and May 2004, respectively. The Ory Council approved the Industrial Design Review (No. I 2003-06) on April 13, 2004. The approvals allow for the ultimate development and construction of six industrial buildings on the subject property. The applicant is now proposing to subdivide the identified property for the creation of six individual parcels consistent with the approved buildings. (\ The proposed subdivision complies with Chapter 17.54, Commercial Manufacturing District, Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA). ENVIRONMENTAL Pursuant to the California Environmental Qualiry Act (CEQA), this project has been deemed 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 Ory Council approval of Tentative Parcel Map No. 31901, based on the following Findings, and Exhibit "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. (\ 7be prrjea is consistent uith the desi~ lam use planni:rf, area, deuioptrent am desiwz standards, am all aher app,rpriate 1WjUirerrmts contaimi in the Gerrral Plan, Zcning cafe, City MunUipal cafe, am SulxliUsiwMap A ct. AGENDA ITEM NO.--2:.L PAGE~OF ~~ PLANNING COMMISSION STAFF REPORT February 1, 2005 PAGE 3 of3 PROJECT TITLE: TENTATIVE PARCEL MAP NO. 31901 u 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 prqect is cunsistent Wth the land use plan, dere/optrent and desi?fl standards and pragram, and all d:her appn:jJliate rrquimrFnts wntained in the Gereral Plan 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public selVice requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The prqect is cunsistent Wth the. City's Gereral Plan and Zl>>1ing Oxk; Wl1 prmide IW?Ssary puJiil: SerrKes and facilities, Wl1 pay all appfq>>iate fees, and Wl1 net rem in any adrerse emiwl1nmtal irrp:ut. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). ' The prqect Wl1 canply Wth all apprq>>iate cunsermtit:n rrquimrFnts if the City and UnifOl7nBuildirf, O:de Prepared by: Kirt A Coury, Associate Planner u Re"iewed by: fl.' . Annando G. Villa, Planning and Code Enforcement Manager Approved by: Robert A Brady, AICP, City Manager EXHIBITS Attachments Exhibit' A' Exhibit 'B' Exhibit 'C' Vicinity Map Tentative Parce1Map No. 31901 Full Size Exhibits u AGENDA ITEM NO. 2. \ PAGEJ:LOF~ ("'\ RESOLUfION NO. 2005-13 A RESOLUfION OF THE PLANNING COMMISSION OF THE' aTY OF -.LAKE . ELSINORE; CALIFORNIA, RECOMMENDING - TO THE CITY COUNCIL OF THE aTY OF LAKE ELSINORE APPROVAL OF TENTATIVE PARCEL MAP NO. 31901. WHEREAS, an application has been filed with the City of Lake Elsinore by D&D Cattle, LLe, to subdivide certain property into 6 parcels for future commercial manufacturing lots; and WHEREAS, the Planning Ommllssion of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 1, 2005; NOW 1HEREFORE, the Planning Commission of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: (\ SECTION 1. The Planning Commission has considered the proposed subdivision (!pM No. 31901), prior to making a decision to recommend that the City Council approve the proposed subdivision into 6 commercial manufacturing lots. The Planning Commission finds and determines that this project is exempt pursuant to CEQA, which exempts infill projects 5 acres or less. SECTION 2. That in accordance with State of California Subdivision Map Act, and the City of Lake Elsinore the following findings for the approval of Tentative Parcel Map No. 31901 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 prqea is ronsistent uith the dtsigpaUdland use plarrning area, deukprrmt and dts~ starriards, and all ather appnpiate nquimrmts wnrained in the Gen!ral Plan, Zoning Oxk City M unUipal Oxk and Sulxli'lisimMap A a. 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 prqea is ronsistent uith the land use plan, deukprrmt and dtsil7l starriards and prag,ram, and all ather apprrpriate mJuimrmts wnrained in the Gen!ral Plan AGENDA ITEM NO. ?-- L PAGE~ OF ;)..;:) RESOLUTION NO. 2005-13 PAGE TWO u 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The prrjea is amsistent Wth the City's Ger1i!ml Plan am Zooing CaIt; Wll prmide mESsary public serricRs am fadlitie;, Wll pay all apprqrriate fres, am Wll ra result in any adzerse emironrrrntd 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 prrjea Wll ronply Wth all apprqrriate amsermtian rf1jUirerrmts if the City am UnifarmBuildingOxle NOW, THEREFORE, based on the above findings, the Planning Commission of the Gty of Lake Elsinore DOES HEREBY RECOMMEND that the Gty Council of the Gty of Lake Elsinore approve Tentative Parcel Map No. 31901. Ron LaPere, Chairman Lake Elsinore Planning Commission u I hereby certify that the preceding resolution was adopted by the Planning Commission at a meeting thereof conducted on Februaty 1, 2005 by the following vote: . AYES: Commissioners: LAPERE, O'NEAL, GONZALES, LARIMER NOES: Commissioners: " ABSENT: Commissioners: ABSTAIN:' Commissioners: ATIEST: Robert A Brady, Secretaty to the Planning Commission u AGENDA ITEM NO. 2 r PAGE I tp OF ~~ (' GENERAL 1. The applicant shall defend (with counsel acceptable to the Cit0, indemnify, and hold hannless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Parcel Map No. 31901, which action is bought within the time period provided for in California Government Code Sections 65009 and! or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fullywith the defense. TENTATIVE PARCEL MAP NO. 31901 2. Tentative Parcel Map No. 31901 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been- filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the . Subdivision Map Act and the LEMC .. 3. . The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless n modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All Uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9.. The 'applicant shall comply with the following City programs: the City SourCe Reduction and Recyc:ling Element and Household Hazardous Waste Element, the County Solid Waste . Management Plan and Integrated Waste Management Plan. 10. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. n 11. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. A~NOA ,ITEM NO. 2. I PAGE.il..OF ~~ CONDITIONS OF APPROVAL Page 2 of 6 TENTATIVE PARCEL MAP NO. 31901 u 12. The Multiple Species Habitat ConseIVation Fee (MSHa>) will be due upon issuance of each building. permit. . 13. The applicantshall pay all applicable fees including patk fees. 14,. The applicant shall meet all requirements of the providing electric utility company. . 15. The applicant shall meet all requirements of the providing gas utility company. 16. The applicant shall meet all requirements oCthe providing telephone utility company. . 17. A bond is required guaranteeing the removal of all trailers used during construction. 18. Prior to issuance of a certificate of occupancy, the 'applicant shall prepare and record CC&R's against the commercial manufacturing business park requested herein. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In adtlition, CC&R's shall established methods to address design improvements. 19. Each building owner shall have full access to commonly owned areas (parking), facilities and U utilities. . 20. The Oty's Noise Ordinance shall be .met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 30. All Public Works requirements shall be complied with as a contlition of development as specified in the Lake Elsinore Municipal Code (LEMq prior to final map approval. 31. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), 32. The Traffic Mitigation Fe~ is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the K-Rat Fee is $910 and the TIJMF is $23,300 if building permits are obtained on/after July 1, 2004. 33. Submit a "Will SeIVe" letter to the Qty Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 34. Dedicate a 5 ft. wide strip of adtlitional street right-of-way along the frontage of Collier Avenue to the Oty prior to final map approval. U 35. Sidewalks, with handrail, will be required to be constructed along Collier Avenue. :L I AGENDA ITEM NO......6:.L- , ..... PAGE \8 OF cR~~ CONDITIONS OF APPROVAL Page3 of 6 n TENTATIVE PARCEL MAP NO. 31901 36. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the Gty Engineer prior to issuance of building permit. An encroachment permit will be required to do the work 37. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the Gty Engineer prior to final map approval (LEMC 16.34). 38. All parcels shall have direct access to public right-of-way or be provided with a minimum 26-foot ingress' and egress easement to" public right-of-way with no on-street parking from the tract boundaries to Mintho~ Street by separate instrument or through map recordation. 39. The 26 foot easement for access to Parcel Map 31901 must be approved by the Riverside County Fire Department prior to final map approval. . 40. Riverside County Fire Department must approve easement widths and turning radii within the site prior to final map approval. 41. The 26 foot ingress/egress easement to Chaney Street must exit onto' Chaney Street at least 200 feet from the intersection of Chaney Street and Collier Avenue. n 42. Developer shall contribute $4,600 for the design and construction of the landscaping for one-half of a "raised landscaped" median along the frontage of Collier Avenue prior to issuance of a , certificate of occupancy. 43. Provide reciprocal access easement to PM 21297. 44, Applicant shall install street lights consistent with GtyStandards along Collier Avenue. 45. Street improvement plans and specifications shall be prepared by a california Registered Gvil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and GtyCodes (LEMC 12.04 and 16.34). 46. Applicant shall construct public improvements or enter into an agreement with the Gty for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 47. Pay all fees and meet requiiements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78).. 48. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ':h" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. (". 49. Applicant shall obtain all necessary off'site easements for off-site grading from the adjacent property owners prior to final map approval. . " AQENDA tTEM NO. ;). \ PAGE (q OF '). d- CONDITIONS OF APPROVAL Page 4 of 6 TENTATIVE PARCEL MAP NO. 31901 u 50. 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. . 51. Provide fire protection facilities as required in writing by Riverside County Fire. 52. Provide street lighting and show lighting improvements as part of street improvement plans as required by the Gty Engineer. 53. Developer shall install blue reflective pavement markers in the street.at all fire hydrant locations. 54. Applicant shall submit a traffic control plan showing all traffic control devices for the project to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No.Parking and Street Sweeping Signs for streets within the tract. 55. All improvement plans and maps shall be digitized. At Certificate. of Occupancy applicant shall submit tapes and/or discs which are compatible with Gty's ARC Info/GIS or developer to pay $300 per sheet for Gty digitizing. 56. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving U utility. . . 57. Apply and obt~ 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. 58. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 59. An Alquis-Priolo study shall be performed on the site to identify any hidden earthqUfke faults . and/or liquefaction zones present on-site. 60. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all I slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 61. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 62. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to thefmal map.stating: "Drainage easements shall be kept free of buildings and obstructions". . (j AGENDA ITEM NO. PAGE ;).0 OF ?-\ ct~1 CONDITIONS OF APPROVAL Page 5 of 6 (\, TENTATIVE PARCEL MAP NO. 31901 .'J 63. 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. 64. The site is in the Flood Zone AO, FIRM Map 0606362062F Revised August 18, 2003 and building pads shall be constructed 1 foot above existing adjacent grades. 65. Meet all requirements of lEMC 15.64 regarding flood hazard regulations. '(\ 66. Meet all requirements of LEMC 15;68 regarding floodplain management. 67. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. ., . . 68. Submit Hydrology and Hydraulic Reports for review and approval by Cty Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and! or erosion caused by development of site and diversion of drainage. . 69. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. (\, 70. 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. 71. Ten year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 72. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 73. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 74. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide an SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 75. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County (\, NPDES Drainage Area Management Plan. AGENDA ITEM NO. 2.\ PAGE~OF d.~.'~ CONDITIONS OF APPROVAL Page 6 of 6 TENTATIVE PARCEL MAP NO. 31901 76. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 77. Parking lot and roof runoff must go through a filtering system before draining to the public maintained storm drain and or provide permeable parking lot gutters.. . 78. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parlcing, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the Cty Attorney. The cx::& R's shall enforce standards of. building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 79. In accordance with the Cry's Franchise Agreement for waste disposal & recycling, the applicant shall be required to 'contract with CR.&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. c. AGENDA ITEM NO. :L \ PAGE ~d. OF ~~ u u u n n . . CITYOF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM:. ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 22, 2005 SUBJECT: "DECLARATION OF WEEDS, RUBBISH, REFUSE AND DIRT AS A NUISANCE. PROPERTY OWNERS TO BE NOTIFIED. BACKGROUND Pursuant to City Municipal Code, Chapter 8.32, Weed and Rubbish Abatement, the City is required to hold a hearing to adopt a Resolution declaring weeds, rubbish and refuse on private properties a nuisance and order the abatement thereof. DISCUSSION Weed Abatement notices have been prepared for mailing to approximately 9,309 vacant property owners and will be mailed following the Council's adoption of said Resolution declaring weeds, rubbish and refuse on private properties a nuisance and to schedule a Public Hearing to consider all objections to the proposed removal of weeds, rubbish, refuse and dirt. Property owners will have until May 1,2005 to abate their parcels. Should the City staff abate a property, the owner will be assessed the cost of abatement ($0.030 per square foot) plus a $344.00 Administrative Fee. FISCAL IMPACT None. All costs will be recovered through a Tax Lien, including the Administrative Fee of $344.00 per parcel. RECOMMENDATION n It is recommended that the City Council approve the Resolution declaring weeds, ACENDA ITEM NO. PAOE I ??- OF t) rubbish and refuse to be a public nuisance and to direct staffto begin the abatement process for this year. PREPARED BY: APPROVED BY: APPROVED FOR AGENDA LISTING: " , ACENl:lA ITEM NO. PACE d u u u 2').... OF _tJ RESOLUTION NO. 2005- 15 n A RESOLUTION OF THE CITY .OF LAKE ELSINORE CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE'ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. WHEREAS, there exists in the City of Lake Elsinore, California, on certain streets, . sidewalks and on private property, weeds, trash and other materials as defined in Chapter 832 ofthe Lake Elsinore Municipal Code.and Section 14875 ofthe HeaIthand Safety Code; . WHEREAS, said weeds, rubbish, refuse, concrete, and dirt and any other unauthorized fill material as defined constitute a nuisance in that said rubbish is a fire and health hazard; n WHEREAS, the City does designate the Parks and Open Space Division to enforce the provisions of Chapter 832 and the. provisions of the Health and Safety Code of the State of California as hereinabove set forth; " WHEREAS, the City Manager has submitted a list of properties upon which there is upon the streets, sidewalks, and private property, weeds, rubbish, refuse, dirt, concrete and any other unauthorized fill which in his opinion constitute a nuisance by virtue of heing a fire and health hazard; WHEREAS, there is affixed hereto and made a part hereofby reference and marked Exhibit "A" a list of all properties within the City upon which said weeds, rubbish and refuse exist and which exists by giving its assessors parcel number according to the official assessment for the City of Lake Elsinore; . n ACENDA ITEM NO. PAce .3 2~ OF .!) NOW, THEREFORE, BE IT RESOLVED:' u (I) That pursuant to the authority granted to the City by virtue of Section 14875 of the Health and Safety Code of the State of California and Chapter 8.32 of the Lake Elsinore Municipal Code, rubbish, refuse, dirt upon or in front of the properties as described in Exhibit "A" are hereby declared to be a nuisance and shall be abated. (2)' That notices will be sent out to the property owners as last shown upon the assessment rolls in accordance with the said Health and Safety Code, State of California, and of said Ordinance, City of Lake Elsinore, California. (3) That the said notices shall be in the form set forth in said Health and Safety Code and said City Ordinance and that said notices shall be sent at least five (5) days prior to the time of Hearing of objections. (4) That the list of all property owners to whom notices are to be sent, as well as the locations of the property are set forth in Exhibit "A" which is attached hereto and made part hereofby reference. (5) That the City Council does hereby find and declare that the weeds, rubbish, refuse, dirt, and concrete on the specified parcels of property is recurrent and shall be abated in the manner provided for in Section 14900.5 of the Health and Safety Code of the State of California and in accordance with Chapter 8.32 of the City of Lake Elsinore Municipal Code. u (6) ,That the City Council of the City of Lake Elsinore does hereby set the date of April 12; 2005, at the hour of 7:00pm in the Lake Elsinore Cultural Center, 183 North Main Street, in the City of Lake Elsinore, California, to herein consider all objections to the proposed removal of weeds, rubbish, refuse, dirt and any other unauthorized fill material. (7) That hereafter if objections have not been made or the City Council has disposed of those made, the Parks and Open Space Division is ordered to abate the nuisances in accordance with said Health and Safety Code Section and said Ordinance of the City of Lake Elsinore, California. (8) The Parks and Open Space Division shall keep an account of the cost of the abatement in front of or on each separate parcel of land and shall render a written report showing such costs and shall cause said notice to be posted in accordance with law. u AGENDA ITEM NO. a.. 2 PAOE--LOF ~'5 - n n n (9) That the cost of the abatement in front of or on each parcel shall constitute an operational assessment against the parcel. After the assessment has been made and confirmed there shall be made a lien upon said parcel of property in accordance with said Health and Safety Code and the Ordinance of the City. PASSED AND ADOPTED, by the City Council of the City of Lake Elsinore at a regular meeting held on February 22, 2005, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, MAYOR ATTEST: VICKI KASAD, CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY ACENDA ITEM NO. PAOt: ~F) 21- OF ..F5 '" u u u (\ (\ (\ "v --- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: ROBERT BRADY, CITY MANAGER DATE: FEBRUARY 22, 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 A venue 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 noph and s~)Uth. 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. . 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 3rd 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 22, 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 ofIntention is adopted, the following notices will be given: I. 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. 3\ AQENDA ITEM NO. . PAGE--1-0F~ /' - RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution of Intention. APPROVED BY: iL d ~o--k- COMMUNITY DEVELOPMENT DEPARTMENT, ENGINEERING DIVISION APPROVED FOR AGENDA LISTING: CI Attachment: Resolution ofIntention '\ , . .- ,. . ~ I . : 2 AlaENOA ITEM NO. 31 PAGE :J.. OF ~ u u u (""1 n n 'v - RESOLUTION NO. 2005-J.:L 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 2; 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 5. 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: Robert E. Magee, Mayor Attachment 1 AfiENOA tTEM NO. 31 "PAGE 3 ;-z:r -- ATTEST: Vicki Kasad, City Clerk APPROVED AS TO FORM: '0. ' Barbara Zeid Leibold, City Attorney ;' - 2 AQENDA ITEM NO. "3 I ". PAGEJ::L OF 4 -u u u -- n CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR & CITY COUNCIL FROM: ROBERT BRADY, CITY MANAGER DATE: February 22, 2005 SUBJECT: Appointment of General Plan Advisory Committee BACKGROUND On January 25, 2005, the City Council appointed Councilmembers Buckley and Kelley to a subcommittee to select the General Plan Advisory Committee to participate in the recently initiated update ofthe General Plan. The City Clerk's Office received 22 applications for the Committee and has forwarded them to the subcommittee for review. FISCAL IMPACT (\ None. RECOMMENDATION It is recommended that the Mayor and City Council receive the subcommittee recommendations an ra iCy the appointments to the General Plan Advisory Committee. PREPARED BY: VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR APPROVED FOR AGENDA LISTING: R n AQENOA ITEM NO. 3 ~ PAGE-L OF--L- --- u - u u - CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL n TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 22, 2005 SUBJECT: REQUEST FOR PROPOSALS: BRANDING AND PUBLIC RELATIONSIMARKETING PLAN BACKGROUND Solicit consultant proposals for development of a public relations/marketing plan with emphasis on strengthening the City's Brand identity, coordinating and unifying marketing themes used by the-City, and advancing the City's image through strategic marketing and public relations activities. n DISCUSSION On October 21, 2004, the City Council held a study session to discuss the rationale, scope of work and timing of a branding strategy and marketing logo for the City of Lake Elsinore. The Council expressed interest in issuing an RFP for the professional services summarized above. It was also suggested that a Council subcommittee review the logo/branding proposals and report their findings and recommendations to the City Council for consideration. A draft RFP is attached. FISCAL IMPACT None at this time. Once proposals have been evaluated by a Council appointed subcommittee on branding, the committee will present proposal recommendations and potential budget impacts for consideration by the City Council in April. RECOMMENDATION Authorize the City Manager to issue the attached request for proposals and appoint two Council members to the Branding subcommittee to review RFPs and report back to the City Council. PREPARED BY: Mark Dennis, Information/Communications Manager C AGENDA ITEM NO. 33 PAGE ---L- OF. <l n APPROVED FOR AGENDA BY: -- u February 2005 ili/i'1I:11', ~io' "".~~, it'i"lk ~~1"~f', -'~;:1 ~.:~t '':r::.'':t.?' "\, Jr' lake ~iA 92530 u ReqUeSltor Proposals ~2"" .d,*t':;'}~V4c' Branding & Public tel - ~ , ' u Rev 2/16/05 /If'...;;.~A !l9A NO. 3 3 ~2-0?$? CIIY 01 lake Elsinore - BFP: Branding & Public BelaUons/MarlleUng Plan n Table 01 Contents Introduction ...........................................................................................~................;.............................................1 Qualifications ............................................:........:................................:.................................................................1 , . Purpose ..........:...........................................................................................................................;.....................:....., 1 . Cty Background...................................................................................................................................................1 Scope. of Work....................................................................................,......................;....................;.....................3 ..........................:.....;..................3 "-~!" "iI! . .:........................::.........................:3 Deliverables ...............................................................................:...... Project Schedule ...................................................................... Submission of Proposal Requirements ................... Evaluation Giteria ..............:................................ Inquiries .....:.....................................,................................... ("'\ (""' RFP Branding and Public Relations Marketing Plan 2-22-05 Backup u rev 2/16/( ~\IFo:JoiNO. PIG! 3 33 Of '8 CIIY ., lake Elsln.re -A.. BfP: BrandlnD & 'DIllie BellU.nS/MaReUoD Plao Introduction The Gtyof Lake Elsinore is requesting proposals (RFP) for prof~ssional consulting setvices to develop a public relations/marketing plan with emphasis on identity branding for the Gty of Lake EIs~ore and the Rede~el~pment Agency. 'i~ addition, the Gty is seeking a one: year budget estimate for contract PR and marketing support setvices associated with implementing a branding program u Qualifications Desirable qualifications include full service public relations cornm familiarity with mnnicipal government, and experience with b relations/marketing plans for public agencies. 'cations and graphics capabilities, l?~;Ugns and written public i~~;, ;{~~f~ "';';1:, Purpose ..,. C"";~4l!c. " ' The Gty Council supports the development ublic relations/ marketin!tpl;m with emphasis on .,.. . 'Ii";-, . 'L:?;., ,'" strengthening the Gty's brand identity, coordinacifi d marro;tini th~(!): ed by the Gty, and advancing the Gty's image tbro strategic bran ,. and public re nons activities. City Background Incolporated in 1888, thS!~of Lake ETh\ore is " So~., California boom town that has ,survived. Toda~kiii~a~~~<WJPasses ;" . telj'~ miles, with a population of nearly 37,000. The J~~ moun provide a sfinic bac~ to the Elsinore valley and its dorninant~\~~~3~OO".. ll!i!~~d E: . ,,' chosen by one of four Gtyfounders, Marga",~i~llier Gr:n1ltp, beca ,of the ~, . given it by Shakespeare and its pleasing sound. ,~~{;;?:';j, -".{~ ""-t~ 'i,,- ""'>' -~A>>""~ Lake Elsin~~j;; Southern ~t?~t~t natural lake and is open year-round for water-skiing, '}:~",,?jj", -~'(,:,,~' personal waterc~t.~ boa;g, cart&5lhg, fishing and day use recreation. The lake offers Southern California'~I~JJly open leed zone for power boating. A lake-t}pe inlet also serves as a ct;~,. . ~,\' water sports concession'ifi<;;tlf~lIPetition area, which played host to the X games in 2000. Lake ><\.?c' Elsinore's air thermals draw'tkydivers and hang gliding enthusiasts 'from all over the world. A motocross sports track in the back basin also contributes to Lake Elsinore's reputation for extreme sports and recreation. u New housing and commercial construction represents the largest growth boom in the Gty's 117 year history. New retail! commercial stores opening in fall 2005 include Costco, Lowe's, Home Depot, Staples, Petsmart and others. The existing Lake Elsinore Oudet center has capacity for over 100 retailers and is undergoing a $4 rnillion dollar renovation this spring. A new GMClPontiaclBuick auto dealership is also under construction. u RFP Branding and Public Relations Marketing Plan 2-22-05 Backup 1 rev 2/15/( ~nBlOO. PACeLJ 33 or? CItY of lake Elsinore ~. ' RFP: Branding & Publle Relations/MarkeUng Plan n Beginning in fiscal }\"ar 2005-06, new "big box" and other commercial developments will trigger a quantum leap in sales tax revenue. 1his fiscal }\"ar, sales tax is projected to contribute $5.4 million, or 22% of total revenue towards the City's bottom line. The Gtyadopted a two-}\"ar balanced budget for FY 04-05/05-06 while absorbing a 34% increase in public safety spending in FY 04-05. The addition of three full-time s~m officers and the opening of a new fire station in the Canyon Hills area account for increased public safety expenditures. Both FY 04-05 and 05-06'budgets reflect public safetyas the GtyCouncil's number one budget priority. The Gtyformed the Lake Elsinore Redevelopment Agency instrumental in renovating historic downtown Main Street of The Diamond Stadium in 1994. The Diamond sea ap is 15,000 using grass berm seating and temporaty' .. ~ r con' and special events. Gmendy, the RDA has a license agreement' e Lake Elsinore 'Storm p f ssional baseball team, the Single 'N affiliate of the San Diego Padres. Balls n runs from April September. n The lake, stadiwn, world-renowne assets, which serve as the basis f www.lake-elsinore.org. The website w:lS completely"new" G c beautyare among Lake Elsinore's ore!" The Gty's website URL is reparing an RFP for a nt technology. Regular publicatio 0 billing inse mailed , the OUn.oOK, distributed via a seasonal recreation guide, which is direcdy -received direct mailers include an RDA and "Growing Strong!," ,an economic development broch';lfe, busin . Comcast Local Edition, a series of interview spots with 'ty's cable franchise, Comcast, and aired over CNN. The Gtyis contract to succeed the existing franchise agreement, which The Gtis public relations and marketing functions have been historically divided between the Comrinmity Services Department (i.e., Recreation and Tourism Manager) and Executive Office staff (i.e., Economic Gardening, GIS Analyst and the Communications/Information Manager). n RFP Branding and Public Relations Marketing Plan 2-22-05 Backup , 2 37 rev 2/16/( ~'lDA ITW NO. .::> PAOi! S- ~ y CllY oJ lake Elsinore ..... RFP: Branding & Public Relauons/MarkeUng Plan Scope of Work 1. Branding needs assessment/situation analysis;" 2. Research/public opinion survey on Gtyirnage. (telephone poll universe: LA, SD, oc, RV counties); u 3. Branding strategic plan! campaign proposal; 4. Graphic design of key branding elements (i.e., design of new Gty/RDA logos); '" 5. Brand marketing strategic goals and objectives; 1. on brand establishment and " 6. Public Relations strategic goals and objectives fo 7. Schedule of brar,'ding campaign! market' 8. Budget proposal for branding and P Oeliverables On completion, project deliverabl 2. PowerPoint swnmary presentation, u 3. logos an~ related presentation graphics); 4. stone activities for twelve (12) months; , 5. lementation and related contract PR & marketing support Project Schedule The needs assessment from this scope of work may run concurrently with the Gty's General Plan Update process. A General Plan Advisoty O:mllnittee (GP Aq was recently established for public involvement and stakeholder participation. The Gty envisions the GP AC serving a dual function as a resource for branding/PRI marketing opinion research. The tasks in the scope of work and deliverables should be completed within eight (8) months from the award of contract. () RFP Branding and Public Relations Marketing Plan 2-22-05 Backup 3 . rev 2/16/( ~f\'lSlJlKO. 33 IWi& (p Of !? CIIY Of lake Elsinore - , BFP: Bnndlng & Public BelaDons/MarlleUng Plan n Submission of Proposal Requirements 1. Background statement regarding capabilities and understanding of the work to be done; 2. A summary of the finn's approach; 3. A statement of comminnent to perform the work within the project time period; 4. Identification of the person or persons who will be responsible for the Plan development, including a list of their recent work done in this area and related experience; n 5. Resumes or background information on each team me \ experience while emplo}"d by finn and! or subco 6. A minimum of two (2) references from othe . performed similar services, ie., names, 7. A cost summary for the proposed associated with the project; 8. Note the availability of 9. 1he location of the office from 1. 2. 3. and four (4) copies of the proposal clearly marked "Gtyof , PR & Marketing Plan Proposal." 4. 1he Gtyof Lake Elsinore reserves the right to reject any or all proposals, to compare the relative merits of the respective proposals, and to choose that proposal or components of those proposals which, in the opinion of the Gty, will best serve the interests of the Gty. 5. Proposals shall be considered good for ninety (90) day.; from the submittal dead1ine. n 6. Each proposal prepared in response to this RFP shall be done at the sole cost and expense of each proposing finn and with the express understanding that no clairns against the Gty for reimbursement will be accepted. RFP Branding and Public Relations Marketing Plan 2-22-05 Backup 4 p.n~ I'l'94 00. IWiII rev 2/161( 33 OIJ' 8' CilY 01 lake. Elsinore RFP: Branding & Public RelBUons/Marll8Ung Plan. Evaluation Criteria 1he RFP response will be e~aluated based upon the detailed information provided. 1he Gty reserves the right to request follow-up information or clarification from vendors in consideration. 1he table below illustrates the evaluation criteria weighting: u No. Criteria Wei ht 1. Vendor Qualifications 30% 2. Approach 10% 3. Qua1ity/Responsiveness 4. References 5. am Total , , Inquiries Inquiries about this request for pro Mark Dennis Information/ Communications City of Lake Elsin 130 South Main Lake Elsino Phone: 951.6 E-mail: u , .. u RFP Branding and Public Relations Marketiog Plan 2-22-05 Backup 5 33 rev 2/16/( ~lDAfJBl\ MO. ~Of ~ n n n -- CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND COUNCIL MEMBERS FROM: BOB BRADY, CITY MANAGER DATE: FEBRUARY 22, 2005 SUBJECT: AMENDED AGREEMENT FOR CAMPGROUND CONCESSION TO INCLUDE OPERATION OF SEAPORT BOAT LAUNCH BACKGROUND The Seaport Boat Launch facility was closed over three years ago due to low'water levels. . This boat launch facility was designed to operate at a lake-elevation greater than 1,240' MSL (mean sea level). The recent rise in the lake-elevation to 1,246' MSL makes this facility functional. _' During the time the City operated the Seaport Boat Launch facility, the City also operated the Campground. This dual operation of both facilities allowed City Staff to coordinate the two facilities, especially personnel, to maximize efficiency. In 2001, the City signed a concessions agreement with Pyramid Enterprises to manage the Campground; hence the City would now be operating the Seaport Boat Launch as a standalone facility. At the same lake-elevation that the Seaport Boat Launch becomes functional, the old boat ramp at the City Campground is submerged and unusable. Pyramid Enterprises is very concerned that their lakeside campground business will be negatively impacted without a boat launch; therefore the Concessionaire has expressed an interest in operating the Seaport Boat Launch with the anticipation of a positive synergistic affect on both operations. DISCUSSION Staff produced a financial breakdown of the operation of the Seaport Boat Launch by the City versus Pyramid Enterprises (see Table 1. below). Under the two scenarios, the City would realize more revenue from directly operating the boat launch, but it would make less profit. This is due to the fact that the City receives all the revenue from the sale of Lake Use Passes regardless of who operates the facility and nominal operating costs under management by the Concessionaire. Given this analysis and considering Pyramid Enterprises is in a good position to increase use of both facilities to the maximum efficiency, Staff requested the City Attorney prepare an amended Campground Concessions Agreement to include the operations of the Seaport Boat Launch. Highlights of the amended agreement to include operation of the Seaport Boat Launch are listed below. ACENDA ITEM NO. PACE / , 3lf_ OF iJ :J-- - . Three year term. . ' Concession Fee to the City equal to 7% of gross receipts (excluding Lake Use Passes). U . Pyramid Enterprises to operate the facility year-round. . City to maintain the facility, with minor exceptions. . City to provide overflow dirt parking for 50 vehicles with boat-trailers. . . City may use the facility for special events after normal operating hours free of charge. Table 1. Ci 's Estimated Net PIL City o erated Pyramid Enterprises o erated '- arking area Total Annual O&M - $23,000 $72,000 '. $5,000 , $5,000 $105,000 $23,000 ,0 $1,000 $5,000 $29,000 Annual Revenue: Number of vessels launched Launch fee er vessel Subtotal launch fees = 10,000 n/a n/a $8 $80,000 7% , $4,900 $84,900 U Dail Lake Use Pass fee Subtotal'Lake Use Passes sold = Concession fee (% of gross launch fees = Subtotal Concession fees "= Total Annual Revenue - FISCAL IMPACT Operation of the Seaport Boat Launch facility by Pyramid Enterprises is estimated to increase the City's net profit from $45,000 to $55,900. RECOMMENDATION Approve the Amended License Agreement for Operation of the Campground, Day Use and Boat Launch Facility'and authorize the City Manager to execute the agreement. PREPARED BY: Pat Kilroy, ti;rector of Lake & Aquatic Resource~ APPROVED FOR AGENDA LISTING: U ACENDA ITEM NO.~ PACE ~ OF 3;)-- -- (\ AMENDED AND RESTATED LICENSE AGREEMENT FOR OPERATION OF THE CAMPGROUND, DAY USE AND BOAT LAUNCH CONCESSION. AT THE LAKE ELSINORE RECREATION AREA THIS AMENDED AND RESTATED LICENSE AGREEMENT FOR OPERATION OF THE CAMPGROUND, DAY USE AND BOAT LAUNCH CONCESSION AT THE LAKE ELSINORE RECREATION AREA (the "Amended Agreement") is made and entered into this _ th day of February, 2005, by and between the CITY OF LAKE ELSINORE, a municipal corporation (hereinafterreferred to as "City") and PYRAMID ENTERPRISES, INC., (hereinafterreferred to as "Licensee"). RECIT ALS This Amended Agreement is made with reference to the following facts which are a substantive part hereof: ., . - A. City and Licensee have entered into. that certain License Agreement for Operation of the Campground, Day Use and Boat Launch Concession at the Lake Elsinore Recreation Area dated as of December 11,2001, as amended (the "Original Agreement"). B: Pursuant to the Original Agreement, the Licensee agreed to operate the Premises as (\ provided in the Original Agreement. " C. The City and Licensee desire to expand the scope of the license operations to include the City of Lake Elsinore Seaport Boat Launch, .' ." D. The Lake Elsinore . Recreation Area ("LERA") was established by the State of California for the purpose of making available to the people for their enjoyment the natural, cultural, and recreational values of the largest natural lake in Southern California. . E. The function of the City at the LERA is to manage, protect, and, where necessary, to restore its natural and cultural resources and values fortheir perpetuation in accordance with the public park and recreational purpose; to interpret these values effectively; and to provide facilities and services, consistent with the purpose of the park, that are necessary for the full enjoyment of the park. F. The City and Licensee wish to set forth the terms and conditions by which the Premises and the Boat Launch 'will be maintained and operated. n G. The City Council finds that it is appropriate that this Amended Agreement is entered into to achieve the above stated purposes and to promote the safety and convenience ofthe general public in the use and enjoyment of, and the enhancement of recreational and park experiences at the Premises, that the concession is not being entered into solely for its revenue producing potential, that ACENDA ITEM NO. PACE<Q 02134 OF 3d-' Amend. & Rest. License Agmt. - the proposed concession is compatible with the Lake Elsinore Recreation Area General Plan, and that the concession and will not result in the loss of public park space. U NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, the parties hereto agree as follows: I. USE GRANTED L I Licensee is hereby authorized to operate and maintain the Premises concession including authority to (i) rent campsites; (ii) allow the launching of boats and personal water craft onto Lake Elsinore; (iii) sell bait, tackle and boat and water ski parts and accessories; (iv) charge fees for rental of boats including, but not limited to, sailboards (powered and unpowered) and personal water craft vessels; (v) sell prepackaged food and non-alcoholic beverages; and (vi) allow entry by individuals and groups into designated day-use only areas. 1.2 Licensee is hereby authorized to operate and maintain a Boat Launch concession with authority to allow the launching of boats ana personal water craft onto Lake Elsinore along with selling prepackaged food and non-alCoholic beverages; and (vi) allow, entry by individuals and groups into designated day-use only areas. 1.3 Licensee understands and agrees that this Amended Agreement is by license and not lease; confers only permission to occupy and use the Premises andlor the Boat Launch described for prescribed purposes in accordance with the terms and conditions hereinafter specified without U granted or reserving to Licensee any interest or estate therein; the expenditure of capital andlor labor in the course of use and occupancy thereunder shall not confer any interest or estate in the premises by virtue of said use, occupancy andlor expenditure of money thereon; and it is the intention of the parties to limit the right of use granted herein to a personal, revocable and assignable privilege of use in the Premises or the Boat Launch for the concession granted herein. 2. LICENSED PROPERTY 2.1 The licensed operation shall be conducted on (i) the real property referred to herein as the Premises and commonly known as the Lake Elsinore Recreation Area and Campground as shown in the attached Exhibit "A" attached hereto and incorporated by reference herein; and (ii) the real property referred to herein as the Boat Launch and commonly known as the Lake Elsinore Seaport Boat Launch as shown in the attached Exhibit "B" attached hereto and incorporated by reference herein. 2.2 The Premises and the Boat Launch shall be used only and exclusively for purposes authorized herein, and such other purposes as are related thereto provided express approval therefore is granted by the City Manager or hislher designee, and for no other purposes whatsoever. 2.3 Licensee acknowledges personal inspection 6fthe Premises and the Boat Launch and the surrounding area and evaluation of the extent to which the physical condition thereofwill affect u Amend. & Rest. License Agmt. 021~lt AGENDA ITEM NO. .J ., PAGE 4- OF .3.)- .- ("\ its operations. Licensee accepts the Premises in its present physical condition and agrees to make no demands upon City for any improvements or alterations thereof. . 2.4 Any improvements, additions, alteration,s, or changes to the Premises and/or the Boat Launch shall be subject to prior approval by the City Manager, and applicable permits shall be secured in compliance with such terms and conditions as may be imposed by the City. . Any construction shall be at Licensee's expense. '. 2.5, Ownership of all structures, buildings or improvements constructed by Licensee upon the Premises and/or the Boat Launch and all alterations, additions or betterments thereto, shall , . become the property of the City without compensation being paid therefor, subject to the rights granted to the Licensee hereinabove. Upon termination thereof, whether by expiration of the term, cancellation, forfeiture or otherwise, the City Manager may require the Licensee to remove said structures, buildings and/or improvements upon written notice ninety (90) days prior to the date of termination of this Amended Agreement. Should Licensee fail to remove said structures, buildings and improvements, same may be sold, removed or demolished, and Licensee shall reimburse City for any cost or expense in connection therewitlrin excess of any consideration received by.City,as a result of said sale, removal or demolition. 3. TERM ("\ 3.1 The term of this Amended Agreement with respect to the Premises shall consist of the Transition Period commencing on the Effective Date and the Initial Operating Term which shall be for a period of three (3) years commencing on the date that the Premises opens for business to the public under the management of Licensee (the "Commencement Date"), but in no event later than 60, days following the Effective Date. 3.2 Provided Licensee is not then in default.under the terms of this Amended Agreement, at the expiration of the Initial Operating Term, Licensee shall have the right to extend the term of this Amended Agreement with respect to the Premises for one (I) consecutive five (5) year term, on the same terms and conditions as contained in this Amended Agreement (the "Extension Term"). Licensee's right to exercise the option(s) must be exercised by notice to the City not later than one (I) year from the expiration of the Initial Oper,ating Term. . . . 3.3 The term of this Amended Agreement with respect to the Boat Launch shall commence on March 1,2005 and shall terminate upon the completion of the Extension Term. 3.3 In the event the Licensee holds over beyond the term herein provided with the consent, expressed or implied of City, such holding shall be from month to month only, subject to the conditions of this Amended Agreement; shall not be a renewal th.ereof; and shall be at the monthly compensation provided herein. 4. PAYMENT n 4.1 Licensee shall pay City for the use granted seven percent (7%) of the Gross Receipts; Amend. & Rest. License Agmt. 0212)l)u ACENDAITEM NO.~ PACE U OF 3d-' -- 4.2 Payment shall be made to the City on or before the fifteenth (15th) day of the calendar U month following each month ofthe term ofthis Amended Agreement. Payment shall be by check or draft and made payable to the City of Lake Elsinore. Payment' shall be mailed or otherwise delivered to the City of Lake Elsinore, Attention: Director of Administrative Services, 130 South Main Street, Lake Elsinore, California 92530. A late payment charge of two percent (2%) per month shall be added to any late payment received after the last day of the calendar month in which payment is due. However, the late payment charge herein provided may be waived, whenever the City Manager finds the late payment excusable by reason of extenuating circumstances. At no time during the term of this Amended Agreement shall the City be obligated to notifY the Licensee of the accumulation of late payment charges. . 5. ACCOUNTING RECORDS 5.1 All sales shall be recorded by means of cash registers which publicly display the amount of each sale and automatically issue a customer's receipt or certifY the amount recorded on a - . sales slip. Said cash registers shall in all cases have locked-in sales totals and transaction counters which are constantly accumulating and which cannot, in either case, be reset. In addition, such cash registers must have a tape located within the register upon which transaction numbers and sales details are imprinted. Beginning and ending cash register readings shall be made a matter of daily records. In the event of a technical or electrical failure of the cash registers, Licensee shall record by hand all collections, and issue a sequentially pre-numbered customer receipt in a like manner. . . ~ ~ U 5.2 . Licensee shall maintain a method of accounting which shall, to the satisfaction of the City Manager, correctly and' accurately reflect the gross receipts and disbursements of Licensee in connection with the operation. The method of accounting, including bank accounts established for said operation shall be separate from the accounting system used for any other business operated by Licensee or for recording Licensee's personal financial affairs. Such method shall include the keeping of the following documents: 5.2.1 Regular books of accounting such as general ledgers; 5.2.2 Journals including any supporting and underlying documents such as vouchers, checks, tickets, bank statements, etc.; 5.2.3 State and federal income tax returns and sales tax returns and checks and other documents providing payment of sums shown which shall be kept in confidence by City; 5.2.4 Cash register tapes (daily tapes may be separated but shall be retained so that from day to day the salesandJor rentals can be identified); 5.2.5 Any other accounting records that the City Manager deems necessary for proper reporting of receipts; U Amend. & Rest. License Agmt. . 0212053\.1 AGENDA ITEM NO. , PAGE C OF 3;)...- n n n -- 53 All' documents, books and accounting records' shall be open for inspection and reinspection at any reasonable time during the term of this Amended Agreement andfor twelve (12) months thereafter. In addition, the' City may from time to'time conduct an audit and reaudit of the books and business conducted by Licensee imd observe the operation of the business so that accuracy of the above records can be confirmed. ' 5.4 Licensee shall furnish the City Manager with a monthly gross receipts report showing the amount payable therefrom to the City. Such a report shall accompany each minimum rent or percentage rent payment required to be made as provided herein, The monthly reporting period shall be by calendar month rather than monthly anniversary date of the effective date of this Amended Agreement. In addition thereto, Licensee shall furnish an annual profit and loss statement and a balance sheet prepared by a person and in a form acceptable to the City, The annual profit and loss staiementshall be submitted within sixty (60) days of the close of an Agreement year. Said closing date shall be determined by reference to the date for commencement of tlie term herein provided. 5.5 In the event that an audit or review conducted by the City Director of Administrative Services and/or City Manager finds that, due to Licensee's non-compliance with its obligation to report gross receipts received in connection with its operations authorized herein, an actual loss and/or a projected loss of revenue to City can be determined, the City Manager may, at his option, (1) bill Licensee for said losses, said amount to be paid to City within thirty (30) days following billing therefor unless otherwise specified by City Manager; and/or (2) use the Security deposit as provided for herein; and/or, (3) assess liquidated damages, The parties agree that it will be impracticable or extremely difficult to fix the extent of actual dafuages resulting from the failure of the Licensee to correctIYT(:port gross receipts, and a projected loss of revenue due to City, 'The parties hereby agree that under the current circumstances a reasonable estimate of such damages is Fifty Dollars ($50.00) per day for each day of the loss period as determined by City for liquidated damages in said amount. ' , Should the City Manager find that the additional rental payment due to CitY exceeds two percent (2%) of the total amount which should have been paid as determined by such review or audit and observation, and there being no reasonable basis' for the failure to report and pay thereon, Licensee shall also pay the cost of the audit as determined by City and pay any penalty heretofore provided for the delinquent payments, ' 5.6 'Licensee shall cause all of its sublicensees to comply with these requirements except that a sublicensee shall only be required to establish and maintain those accounting records that the' City Manager deems necessary to examine the reported gross receipts in accordance with generally accepted auditing standards, ' 6, OPERATING RESPONSIBILITIES 6, I Licensee shall conform to and abide by all municipal and City ordinances, and all state and federal laws and regulations, insofar as the siune or any ofthem are applicable; andwhere permits and/or licenses are required for the concession, any related activity and/or any construction' authorized herein, the same must be first obtained from the regulatory agency having jurisdiction Amend. & Rest. License Agmt. j~ OF ?? ;:;.-- AGENDA ITEM NO. PAGE 1 -- thereover. In particular, Licensee shall require that all boat operators utilizing the Premises and the Boat Launch to access Lake Elsinore have purchased,a City Lake Use Pass. Licenseeshall pre- U purchase Lak~ Use Passes from the City and shall offer such LaI.e Use Passes for sale to the public at all time during operation of the Premises and the Boat Launch., Further, Licensee shall conform to and abide by all rules and regulations and policies of the City. 6.2 Licensee agrees to exercise every reasonable effort to not allow any loud, boisterous or disorderly persons about the Premises and the Boat Launch. 6.3 Licensee shall not knowingly permit any illegal activities to be conducted upon the Premises and the Boat Launch. ' .' , 6.4 Licensee shall not post signs upon any City property or improvements thereon unless prior approval therefor is obtained from ,the City Manager. 6.5 Licensee shall use its best efforts to maximize the public use of the Premises, the Boat Launch and the facilities thereon m accordance with the conditions he~ein. However, Licensee shall not interfere with the public use of the remaining areas of the Lake Elsinore Recreation Area. 6.6 Licensee's Staff 6.6.1 Licensee shall maintain. an adequate and proper staff for its authorized operations. Licensee shall designate one member of the staff as an Operations Manager with whom U City may deal on a daily basis. Any person selected by Licensee as Operations Manager shall be skilled in the management of businesses ~imilar to the concession operations and shall be subject to reasonable approval by the City Manager. The Operations Manager shall devote substantial time and attention to the operation of the Premises and the Campground and render such services and convenience to the public as are required. The Operations Manager shall be fully acquainted with t~e concession, familiar with the terms and conditions prescribed therefore by this Amended Agreement, and authorized to act in the day-to-day operations thereof. " , 6.6.2 The City Manager may at any time give Licensee written notice to the effect that the conduct or action of a designated employee of Licensee is, in the reasonable belief of the City Manager, detrimental to the interest of the public patronizing the Premises and/or the Boat Launch. Licensee shall transfer,or reassign any such employee within a reasonable period oftime following notice therefor from the City Manager, 'and such employee shall not be assigned to any , . ~J' . other City facility. ' 6.6.3 Licensee warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services herein meet the citizenship or alien status requirements contained in federal and state statutes and regulations including, but not limited to, the Inunigration Reform and Control Act of 1986 (p.L. 99-603). Licensee shall obtain, from all covered employees performing services herein, all verification. and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and U Amend. & Rest. License Agmt. AGENDA ITEM NO.~ PAGE" OF E;}-' , " -- n as they may be hereafter amended. Licensee shall retain such documentation for all covered employees for the period prescribed by law. Licensee shall indemnity, defect, and hold hannless, the City, its agents, officers and employees from employer sanctions and any other liability which may be assessed against Licensee or City or both in connection with any alleged violation of federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this Amended Agreement. . 6.6.4. Licensee shall file with the City Manager a certificate for each member of the food and beverage staff showing that within the last two (2)years, such person has been examined and has been found to be free of communicable tuberculosis. "Certificate" means a document signed . by the examining physician and surgeonwho is licensed under Chapter 5 (commencing with Section 2000), Division 2 of the California Business and Professions Code, or a notice from a public health agency or unit of the Tuberculosis Association which indicates freedom from active tuberculosis. . 6.7 Minimum Davs and Hours of Overation 6.7.1 The Premises shall oIferate dUring all days and hours that the Lake Elsinore Recreation Area is open to the public. Licensee shall contact the Director no less than once a month to obtain the upcoming month's days and hours of operation. Any changes in days or hours of operations must receive prior approval of the Director. 6.7.2 The BoatLaunch shall operate as follows: n a. Daily from sunrise to sunset from April I st to October 31 st each year. b. Friday, Saturday and Sunday from' sunrise to sunset from November I st to March 31 st each year. . c. Monday through Thursday from sunrise to noon from November I st to March 31st each year. d. City may, at its sole discretion, operate the Boat Launch from noon to . - - M sunset on Weekdays from November 1st to March 31 each year. n 6.8 Prices. Licensee shall at all times maintain a complete list or schedule of the prices for all fees, charges, goods, rentals, and services, or combinations thereof, supplied to the public on or from the premises: The City Manager hereby reserves the right to review and approve said fees and charges. Prices shall comply with the requirements under any grant agreement with the Department of Boating & Waterways concerning launch fees and such other prices shall be fair and reasonable based upon the following considerations: that 'the campground and boat operation.js intended to serve the needs' of the public for the goods' and/or services supplied at a fair and reasonable cost; comparability with prices charged for similar goods and/or services supplied in the Riverside Metropolitan Area; and reasonableness of profit margins in view of the cost of providing same in compliance with the obligations assumed in this Amended Agreement. In the event City notifies Licensee that prices being charged are not fair and reasonable, Licensee shall have the right to confer with the City Manager and justify the prices. Following reasonable conference and Amend. & Rest License Agmt. ACENDAITEMfO:~ PACE OF 3d--' -- consultation thereon, Licensee shall make such, price adjustments as may be ordered by the City Manager. Licensee may appea]the determination of the City-Manager to the City Council, whose U decision thereon shall be final and conclusive. 6.9 Oualitv of Goods and Services. Service to the. public, with goods, services, and merchandise of a high quality and at reasonable charges, is of prime concern to the City and is considered a part of the consideration for this Amended Agreement. Therefore, Licensee agrees to operate and conduct its operation in a first-class manner, and comparable to other first-class facilities providing similar activities, programs and services. Where such facilities are provided, Licensee shall maintain a high standard of service at least equal to that of similar events and programs conducted on City parks- and/or adjacent communities and to those prevailing in. such areas for similar products and services, and-without discrimination. Licensee, following receipt of written notification therefor, shall immediately remove or withdraw from sale of any goods or services which may be found objectionable to the City Manager based on findings that the provision of such goods or services is harmful to the public welfare. 6.] 0 Utilities and Off-Site Parkin!!:" With respect to the Premises, Licensee shall provide and pay for any necessary utilities, including telephone, water and electricity, consumed by Licensee in the operation of the Premises. Licensee waives any and all claims against City for compensation for loss or damage caused by a defect, deficiency or impairment of any utility system, water system, water supply system, drainage system, waste system, heating or gas system, electrical apparatus or wires serving the Premises. Licensee shall pay for any new connections to-the-.existing utility services. i, ' u With respect to the Boat Launch, Licensee shal] provide and pay for telephone service. City shall provide and pay for any other necessary utilities, including water and electricity, consumed by Licensee in the operation of the Boat Launch. Licensee waives any and all claims against City for compensation for loss or damage caused by a defect, deficiency or impairment of any utility system, water system, water supp]y.system, drainage system, waste system, heating or gas system, electrical apparatus or wires serving the Boat Launch. City shall also provide an overflow dirt parking area within 1,000 feet of the Boat Launch allowing for the parking of approximately fifty (50) vehicles with boat trailers. 6.11 Sanitation. No offensive matter, refuse, or substance constituting an unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public health, shall be permitted or remain on the Premises and/or Boat Launch and within a distance of fifty (50) feet thereof, and Licensee shall prevent any accumulation thereof from occurring. Licensee shal] furnish all equipment and materials necessary, including trash receptacles of the size, type, color and number required by the City Manager, to maintain the Premises and the Boat Launch and the area within a distance of fifty (50) feet thereof in a sanitary condition. City shal] provide that a1] refuse is collected no less than once a week by its existing franchise hau]er;-_ 6.12 Maintenance u Amend. & Rest. License ,Agmt. ACENDA ITEM NO. PACE I () 02!,sl{ OF 3 d-' n n n -- . ., .6.12.1 General Maintenance. of the Premises. Licensee shall be responsible for maintaining the Premises in good and substantial repair and condition, and in compliance therewith shall perform all repairs to and replacement of all improvements and equipment thereof, including the painting thereof upon. written request therefor by the City Manager. In addition to this general requirement, Licensee shall perform any and all repairs required for the maintenance thereof in compliance with all laws applicable thereto; replace broken window glass; replace interior lights; repair plumbing and lighting fixtures; repair flooring; and replace broken or damaged doors. Additionally, Licensee shall be responsible for repairing damage to the exterior of the Premises caused by malicious mischief, vandalism or burglary. All maintenance shall be commenced within thirty (30) days of the need thereof and diligently prosecuted to completion of same, except where the state of disrepair is such that an emergency or hazard is created thereby in which event there shall be an immediate correction thereof. 6.12.2 General Maintenance of the Boat Launch. City shall be responsible for maintaining the Premises in good and substantial repair and condition, and in compliance therewith shall perform all repairs to and replacement of all improvements and equipment thereof. In addition to this general requirement,. City shall perflrrm any and all repairs required for the maintenance thereofin compliance with all laws applicable thereto; replace broken window glass; replace interior lights; repair plumbing and lighting fixtures; repair flooring; and replace broken or damaged doors. Additionally, City shall be responsible for repairing damage to the exterior of the Boat Launch bathrooms and kiosk caused by malicious mischief, vandalism or burglary. All maintenance shall be commenced within thirty (30) days of the need thereof and diligently prosecuted to completion of same, except where the state of disrepair is such that an emergency or haiard is created thereby in which event there shall be an immediate correction thereof. Licensee shall be responsible for cleaning the bathrooms and kiosk on a daily, as needed basis. Additionally, Licensee shall provide phone service with recorded message in the kiosk reCiting the location and hours of operations for the Boat Launch. Licensee shall secure the Boat Launch facilities at closing. 6.12.3 Default of Maintenance Obligations. Either party may cure the default of the other party hereto with respect to the maintenance obligations assumed herein, and upon performance thereof shall acquire a right of reimbursement therefrom for the actual costs of same, including, but not limited to, the cost of labor, materials and equipment furnished in the correction thereof; provided there is prior mutual agreement between the City Manager and Licensee upon the nature and scope of the work to be performed and the costs to be incurred thereby. Any demand of City for reimbursement hereunder shall be satisfied by Licensee through payment of the sums deposited with City as security for faithful performance, and/or pro'fata monthly installments over the remaining term of this Amended Agreement, commencing with the month next succeeding the date of completion of the mairitenance performed. Any demand of Licensee for reimbursement hereunder shall be satisfied by City through a credit against the monthly rental obligation of Licensee, commencing with the month next succeeding the date of completion of the maintenance performed, and for each and every other month of the remaining term of this Amended Agreement, until a total credit has been provided.up to the lesser of the actual costs of cure or the rental reserved over said remaining term. City and Licensee waive all rights to payment on their respective rights to . . Amend. & Rest. License Agmt. 021205 ACENDAITEM NO.~ PACE /1 OF 3d-' -- reimbursement for the actual costs of cure of the default of the other with respect to the maintenance obligations assumed herein, except in the manner and amounts heretofore provided. . U 6.13 . . Security Devices. Licensee, at its own expense, may provide any legal devices or equipment and the installation thereof, designated for the purpose of protecting the Premises and Boat Launch from theft, burglary or vandalism, provided written approval for installation thereof is first obtained from the City Manager. 6.14 Safety. Licensee shall immediately correct any unsafe condition of that portion of the Premises designated as the campground and boat launch area, as well as any unsafe practices occurring thereon. Licensee shall immediately notify City of any unsafe condition at the Boat Launch and correct any unsafe practices occurring thereon. Licensee shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Premises and/or Boat Launch. Licensee shall cooperate fully with City in the investigation of any accidental injury or death occurring on the Premises and/or the Boat Launch, including a prompt report thereof to the City Manager. Licensee shall cooperate and comply fully with county, state, municipal, federal or anyother regulatory agency having jurisdiction thereover, regarding any safety inspections and certifications of any and all Licensee's structures, enclosures, vehicles, booths, equipment and rides. 6.15 Trade Fixtures. Licensee shall provide and install all appliances, furniture, fixtures and U equipment that are required for the operation of the concession. Licensee may provide an . office/snack bar trailer and storage container for the operation of the concession on the Premises. During the last thirty (30) days preceding the termination of this Amended Agreement, Licensee shall remove same from the Premises, other than for those items of personalty which have been furnished by City or so affixed that their removal therefrom cannot be accomplished without damage to the realty. Should Licensee fail to so remove said appliances, furniture, fixtures, equipment, door locks and padlocks within said thirty (30) day period, Licensee shall lose all right, title and interest in and thereto, and City may elect to keep same upon the premises or to sell, remove or demolish same. Licensee shall reimburse City for any cost as determined by the City Manager incurred in excess of any consideration received from the sale, removal or demolition thereof. 6.16 Merchandise/Food Products. . Licensee shall provide and maintain an inventory of concession merchandise required t6 meet the needs of the public therefor. All food and beverages sold or kept for sale by Licensee shall be first-class in quality, wholesome and pure, and shall conform to the federal, state and county food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be sold or kept for sale by Licensee and all merchandise kept on hand by Licensee shall be stored and handled with due regard for safety and sanitation. In the event that the City Manager determines that any merchandise is below first class, the City Manager shall have the right to order the improvement of the quality of any such items kept or offered for sale. The City Manager shall have the right to prohibit the sale or rental of any item of merchandise on finding( s) that the item is of inferior quality and/or that the item is not necessary for property service to the public. . U Amend. & Rest. License Agmt. . 0212tl)~ AGENDA ITEM NO. ...:> PAGE I;:),; OF .~;:y . n n n -- , 6.17 Eauipment. All boats and non~powered personal water craft, hereinafter referred to as equipment, offered for rental shall be of a 'design and make approved by the City Manager prior to use. Equipment offered for rental must be of a design which will fully comply with any and all safety requirements of the State of California, Department of Boating and Waterways and the United States Coast Guard. Life jackets or floatable safety cushions must also be supplied for all persons utilizing unpowered and powered personal water craft. Said floatation devices must meet acceptable safety standards as determined by the appropriate federal and state agencies. Equipment offered for rent shall be numbered in accordance with applicable regulations established by the Department of Motor Vehicles, State of California. Licensee shall provide, at all times that boat rental operation is open to the public, a powered boat which shall be available for use by Licensee or his employees for emergency purposes in retrieving rental boats or in patrolling the lake to ascertain that rental boats are complying with all safety regulatioris. Licensee shall include a disclaimer in rental agreement that the City is not responsible to tow rental boats if they run out of gas, mechanical failure or cause an accident. . 6.18 Prognimmed Events. "Licensee shall not promote or sponsor private or public events requiring. the use of any other areas of the Lake Elsinore Recreation Area other than the Premises unless authorized by the City Manager. However, this provision shall not prohibit Licerisee from generally advertising or encouraging public use of Lake Elsinore Recreation Area. 6.19 Camping 6.19.1 Except as provided herein, under no circumstances shall a campsite be rented to any individual, entity or organization a period of more fourteen (14 ) consecutive days in any twenty-one (21) day period. 6.19.2 Exceotion for Off-season Camping. City and Licensee recognize that following the Labor Day weekend and prior to the Memorial Day weekend each year, utilization of the Lake Elsinore Recreation Area is substantially reduced. 1ri order to economize operations at reduced levels and allow for completion of deferred maintenance to restroom facilities, Licensee shall be allowed to restrict camping on the Premises to fully self-contained recreational vehicles for long-term camping as determined by Licensee. Notwithstanding the foregoing, City and Licensee agree that no occupancy of the Premises shall be allowed for a period of nine (9) months or more that would result in any person becoming a "resident" of the Premises as that term is defmed by Civil Code section 799.31, and as it may be subsequently amended. Moreover, the parties agree that Licensee shall conduct its operations as to prevent establishment of a mobile home park on the Premises. 6.20 . Advertising and Promotional Materials.. Licensee shall not promulgate nor cause to be distributed any. advertising, or promotional materials unless prior approval thereof is obtained from City Manager. Such approval shall not be unreasonablywitbheld or delayed and shall be deemed to be given if no objection is made within thirty (30) days following the request for approval. Such materials include, but are not limited to: advertising in newspapers, flyers, newsletters, magazines and trade journals, and radio and/or television commercials. Amend. & Rest. License Agmt. 02~~ OF 3;)-' ACENDA ITEM NO. PACE /8 -- 6.21 Credit Promotional Materials. Licensee agrees that any advertising or U promotional materials promulgated by Licensee shall include the words "Lake Elsinore" as part of the name or identification of the Premises and the Boat Launch. 7. TRANSFERS 7.1 Licensee shall not, without written consent of the City Manager, transfer, assign, sublicense, hypothecate or mortgage this Amended Agreement. Any attempted transfer; assignment, sublicense, hypothecation or mortgage without the written consent ofthe City Manager shall be null and void, and shall constitute a material breach of this Amended Agreement. . 7.2. Each and all of the provisions, agreements, terms, covenants and conditions herein contained to be performed by Licensee shall be binding upon any transferee thereof. 7.3 The license shall not be transferable by testamentary disposition or the state laws of intestate succession, as the rights, privilegeS, and use conferred by this Amended Agreement shall terminate prior to the date for expiration thereof in the event of the death of Licensee occurring within the term herein provided. Additionally, neither this Amended Agreement nor any interest therein shall be transferable in proceedings in attachment or execution against Licensee, or in voluntary or involuntary proceedings in bankruptcy or insolvency orreceivership taken by or against Licensee, or by any process 0 flaw including proceedings under Chapter X or Xl of the Bankruptcy Act. U 7.4 Shareholders and/or partners of Licensee may transfer, sell, exchange, assign or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment or divestment is affected in such a way as to give majority control of Licensee to any persons, corporation, partriership or legal entity other than the majority controlling interest therein at the time of the execution of this Amended Agreement, the City Manager's approval thereof shall be required. Consent to any such transfer shall be refused if the City Manager finds that the transferee is lacking in experience and/or financial ability to operate the concession. 7.5 The prohibition herein contained shall not be applicable with respect to transfers of this Amended Agreement arising from the exercise of a power of sale or judicial foreclosure pursuant to the terms and conditions of a hypothecation or mortgage previously approved by the City Manager. 7.6 In the event Licensee shall request the prior written consent of City Manager to give~ assign, transfer or grant control of this Amended Agreement, and City Manager gives written consent to the assignment, a transfer fee equal to two percent (2%) of the gross sales price shall be paid to City. Said sum shall be payable to City in full either within thirty (30) days after said consent is given or prior to the close of any escrow, whichever occurs first. Prior to City Manager's consentto such assignment, the assignor shaIl first deliver to assignee a written schedule of all sums due and owing to City from the assignor with such schedule in a form subject to the approval of the City U Manager in all respects, and second, shall deliver to City Manager, as part of the acceptance of the AGENDA ITEM NO. PAGE 14- 0:3~ OF ,,?~ , Amend. & Rest. License Agmt. -- n assignment, a written acknowledgment by the assignee that the assignee (a) affirms the sums due and owing to City and (b) accepts responsibility for payment of such sums directly to City. Exempted from said transfer fee shall be the following: . 7.6.1 A transfer ofan undivided interest in the license between or among co- workers or affiliated entities which results in a change in method of holding title but does not result in a change to the proportional interests held by the co-owners or affiliated entities prior to the transfer; . .7.6.2 An assignment which serves as security for the repayment of a loan from any lender but which does not entitle the assignee to an immediate right to use, occupy,. possess or receive the rents or profits from the concession for so long as the assignor makes the required periodic payments and complies with other provisions of the loan; 7.6.3 .' A transfer of title of the license to a lender purchaser at the foreclosure sale under a deed of trust on the property or by assignment to the lender or its nominee in lieu of foreclosure; - , " n 7.6.4" Such other assignment fot which the City Manager determines that the ownership interests'in the license have remained unchanged, such asa change in the legal or fictitious name of the Licensee without anyothei change in the.equity, in beneficial use of, or legal title to the license as an asset, or the income produced thereby. The City Manager's decision in such cases shall be appealable to the City Council within ten (10) days after receipt of written notice of the City Manager's decision. Any such appeal request shall be accompanied by a Certificate of Deposit filed with City Manager in the full amount of the transfer fee; the Certificate of Deposit shall be payable to City, and the interest thereon shall accumulate, but the principal sum and interest shall remain the property of Licensee in the event the City ManageI" s decision is reversed. 8. HOLD HARMLESS AND INDEMNIFICATION 8.1 To the full extent permitted by law, Licensee shall defend,' indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation arising out of or in any way attributable in whole or in part to the performance of this Amended Agreement, except as may be providediil Sections 8.2 and 8.3. "Performance of this Amended Agreement" includes responsibility for water related activities within the boat launch area used by invitees or any others. The boat launch area is generally that area ofthe Premises designated for the launching and mooring of any water craft and any improvements on the Premises for such purposes. All obligations under, this provision are to be paid by Licensee as they are incurred by the City. n 8.2 Without affecting the rights of City under any provisions of this Amended Agreement or this section, Licensee shall not be required to indemnify and hold harmless City as set forth above AGENDA ITEM NO. PACE 15 ~~ OF 3 A--' Amend. & Rest. License Agmt. -- for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. Injury or death during water U activities within the boat launch area is not the sole fault of City. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Licensee is percentage of the liability involved. In those instances, the obligation of Licensee will be all- inclusive and City will be indemnified for all liability incurred, even through a percentage of the liability is attributable to conduct of the City. 8.3 Without affecting the rights of City under any provisions of this Amended Agreement or this section, Licensee shall not be required to indemnify and hold harmless City as set forth above for liability attributable to water related activities occurring at or beyond the actual waterline of Lake Elsinore along the public beach area (such public beach area being a separate area from the boat launch area referenced in Section 8.1) and the main body of Lake Elsinore beyond the public beach and boat launch areas, unless such liability is the sole fault of Licensee, provided such sole fault is determined by agreement between the parties or the fmdings of a court of competent jurisdiction. This exception will apply only in instances where the Licensee is shown to have been solely at fault and not in instances where the City is percemage ofthe liability involved. .8.4 The obligations of Licensee under this or any other provision of this Amended Agreement will not be limited by the provisions of any workers' compensation act or similar act. Licensee expressly waives its statutory immunity under such statutes or Jaws as to City, .its employees and officials. 8.5 . Licensee agrees to obtain executed indenuiity agreements with provisions identical to those set forth here in this section from each and every sublicensee, sub-tier contractor or any other person or entity involved on behalf of Licensee in the performance or subject matter of this Amended Agreement. In the event Licensee fails to obtain such indenuiity obligations from others as required here, Licensee agrees to be fully responsible according to the terms of this section. u 8.6 Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City is binding on the successors, assigns, or heirs of Licensee and shall survive the termination of this Amended Agreement or this section. 9. INSURANCE .9.1 Without limiting Licensee's indemnification of City, Licensee shall provide and maintain at its own expense during the term of this Amended Agreement the hereinafter listed program(s) of insurance covering its operations hereunder. Such insurance shall be provided by an insurer(s) satisfactory to City's Risk Manager and certificates or other evidence of insurance and certified copy(ies) of additional insured endorsement( s) shall be delivered to the City Manager on or before the effective date of this Amended Agreement. Such evidence shall specifically identify this Amended Agreement and shall contain the express condition that City is to be given at least thirty (30) days advance written notice of any modification or termination of any program of insurance. All such insurance shall be primary to and not contributing with any other insurance maintained by U ACENDA ITEM NO. PACE I~ ~~ OF .3d/ Amend. & Rest. License Agmt. n I " II il II Ii Ir--., II { , I! !I (\ - City and, with the exception of Workers' Compensation insurance; shall name the City of Lake Elsinore as an additional insured. .1'.' , 9.2 At all times during the term of this Amended Agreement, Licensee shall provide the following forms and amounts of insurance: a. Comprehensive General Liability insurance written on a commercial liability form or on a comprehensive liability formcov,ering the hazards i of premises-operations, products/completed operations, ,independent contractors,' advertising, contractual, broad form property damage, and personal injury with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence. Ifwritten with an annual aggregate limit, the,policy limit shall be three times the above occurrence limit. If such insurance is written on a Claims Made Form, such insurance shall be endorsed to provide an extended reporting period of not less than five years following the expiration of earlier termination of this Amended Agreement. . b, Insurance in an amount and,form to meet all applicable requirements of the Labor Code of the State of California, inc1UdingEmployer's Liability with a $1,000,000 limit covering all persons Licensee is legally required to cover. " c.' . Comprehensive Automobile Liability Insurance endorsed for all owned, non- owned, and hired vehicles with a combined single limit of not less than Five Hundred Thousand Dollars ($500,000) per occurrence. d. Watercraft Liability endorsed for all owned, non~owned, and hired watercraft vehicles with a combined single limit of not less than Five Hundred Thousand Dollars ($500,000) per occurrence. . , 9.2 Conduct of said concession shall not commence until Licensee has complied with the aforementioned insurance requirements. Licensee's operations, whether in whole or in part, shall be subject to suspension by the City Manager during any period that Licensee fails to maintain said policies in full force and effect.' ,! i 9.3 .Failure on the part of the Licensee to provide or maintain required programs of insurance shall constitute a material breach of contract upon which City may immediately terminate this Amended Agreement: ' 9.4 No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Licensee to furnish insurance during the term ofthis Amended Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certificate of insurance, with all endorsements required herein, showing that such insurance coverage has been renewed or extended, shall be filed with City Manager. Amend. & Rest. License Agmt. J5q OF a ,)-' ACENDA ITEM NO. PACE 1'7 -- 10. DAMAGE AND DESTRUCTION 10.1 If during the term of this Amended Agreement, the buildings or improvements or such fixtures or equipment, on, below, above or appurtenant to the Premises and/or the Boat Launch at the commencement of the term or thereafter erected, installed or placed thereon or therein shall be destroyed or damaged in whole or in part by fire or any other cause, Licensee shall give the City Manager immediate notice thereof. Licensee shall immediately secure the area to prevent injury, vandalism, and further damage to persons, improvements, and t contents thereof. City and Licensee shall meet and confer to reach a mutually agreeable method and cost allocation to promptly restore same to the condition existing immediately prior to such occurrence. If such agreement is not reach in view of the damage sustained and availability of funds with which to rebuild, either party may terminate this Amended Agreement. II. CONSTRUCTION ACTIVITIES 11.1 In the event City shall construct or ,cause to be constructed a new facility for the licensed operations at the Premises and/or theBoat Launch, this Amended Agreement shall continue in full force and effect, except that the payments to be made by Licensee shall be abated and/or other relief afforded to the extent that the City Manager may determine the construction interferes with the authorized operations, provided a claim therefor is, filed with the City Manager within one hundred (100) days of commencement of construction. 11.2 Licensee agrees to cooperate with City in the event the construction affects the Premises and/or Boat Launch by vacating and removing therefrom all jtems of inventory, trade fixtures, equipment and furnishings for such periods as are required by the construction of the new facilities. Licensee further agrees to cooperate in the determination of the abatement and/or other reliefto be provided by furnishing all information requested relative to the operation and permitting examination and audit of all accounting records kept in connection with the conduct thereof. 11.3 Following completion of the new facility, Licensee shall resume its operations therefrom within thirty (30) days of written notice from the City Manager. 11.4 The aforementioned provisions of this section shall also be applicable in the event of performance of work at Lake Elsinore Recreation Area that requires a partial or total closure thereof, except that the abatement and/or other reliefto be provided shall be based upon the extent the City Manager may determine that the reduction in the public's use due to the partial or total closure thereof, has affected the Licensee's operations. 11.5 Licensee agrees to accept the remedy heretofore provided in the event of construction upon the Premises, Boat Launch, and/or Lake Elsinore Recreation Area and hereby waives any and all additional rights and remedies for relief orccompensation that arepresentIy available or may be made available hereafter under the laws and statutes of this state. Amend. & Rest. License Agmt. AGENDA ITEM NO.~ PAGE II OF:1 :;;--' u u u -- n 12. EASEMENTS AND USE OF BOAT LAUNCH FACILITY 12.1 City reserves the right to establish, grant or utilize easements or rights of way over; under, along and across the Premises for utilities and/or public access provided that City shall exercise such rights in a manner as will avoid any substantial interference with the operations to be conducted hereunder. Should the establishment of such easements permanently deprive Licensee of the use of a portion of the licensed operations, an abatement of payments shall be provided in an amount proportional to the total area in the before and after conditions. Licensee also agrees to allow the City, the Lake Elsinore Police Department, the Riverside County Sheriff's Department and any other public agency providing public safety to enter onto the Premises and the Boat Launch and utilize the boat launches and parking facilities at without charge. 13. TAXES AND ASSESSMENTS 13.1 The property interest conveyed herein may be subj ect to real property taxation and/or assessment thereon, and in the event thereof, Licensee shall pay before delinquency all lawful taxes, including but not limited to possessory interest taxes, assessments, fees or charges which at any time may be levied by the State, County, City or any other tax or assessment-levying body upon the Premises and Boat Launch and any improvements located thereon. 13.2 Licensee shall also pay all taxes, assessments, fees and charges on goods, merchandise, fixtures, appliances and equipment owned or used therein. n 14. NON-DISCRIMINATION 14.1 Licensee hereby certifies and agrees that it will comply,with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of1973, the Age Discrimination Act of 1975, Title XI of the Education Amendments of 1972, where applicable, and Title 43, part 17 of the Code of Federal Regulations Subparts A and B, and the Americans with Disabilities Act of 1990, to the end that no persons shall, on the grounds of race, creed, color, national origin, political affiliation, marital status, sex, age or disability, ,be subject to discrimination under the privileges and use granted by this Amended Agreement or under any project, program or activity supported by this Amended Agreement. 14.2 Licensee certifies and agrees that all persons employed thereby, are and shall be treated equally without regard to or because of race, creed, color, national origin, sex, age, marital status, or disability, and in compliance with all federal and state laws prohibiting discrimination in employment, including, but not limited to, the Federal Civil Rights Act of 1964, the Unruh Civil Rights Act, the Cartwright Act, and the State Fair Employment Practices Act. 14.3 ,Licensee certifies and agrees that subcontractors, bidders and vendors thereof are and shall be selected without regard to or because of race, creed, color, national origin, sex, age, marital status, or disability. n ACENDA ITEM NO. PACE 1'/ ,~~ OF 3d--" Amend. & Rest. License Agmt. --, 14.4 All employment records shall be open for inspection and reinspection at any reasonable time during the term of this Amended Agreement for the purpose of verifying the practice U of non-discrimination by Licensee in the areas heretofore described. 14.5 If City finds that any of the above provisions have been violated, the same shall constitute a material breach of-contract upon which City may determine to cancel, terminate, or suspend this Amended Agreement. City reserves the right to determine independently that the non- discrimination provisions of this Amended Agreement have been violated. ,In addition, a determination by the California Fair Employment and Housing Commission or the Federal Equal Employment Opportunity Commission that the Licensee has violated state or federal non" discrimination laws or regulations shall constitute a finding by City that Licensee has violated the non-discrimination provisions of this Amended Agreement. 14.6 The parties agree that in the event Licensee violates the non-discrimination provisions contained herein, City shall, at its option, be entitled to a sum of Two Hundred Dollars ($200) pursuant to California Civil Code 1671 as liquidated damages in lieu of canceling, terminating or suspending this Amended Agreement; Licensee further agrees that Two Hundred Dollars ($200) is a , reasonable sum under all ofthecircumstance existing at the time ofthe execution of this Amended Agreement. 15. ARBITRATION 15.1 Any controversy arising under paragraph 4.2 of Section 4 - (payment); and paragraph 6.8 - (Prices) of Section 6 - (Operating Responsibilities) shall be submitted to arbitration by a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association, as the rules now exist or may be subsequently amended, except as hereinafter modified; the locale for the arbitration shall be within the County of Riverside; the sole issue(s) for determination shall be the specific issue(s) submitted; and the expenses subject to assessment by the arbitrator shall be borne equally by the parties. U 15.1.1 The sole issue for determination of a controversy submitted under paragraph 4.2 shall be the fair rental value for this Amended Agreement based upon a consideration of the factors specified in said paragraph. 15.1.2 The sole issue for determination of a controversy submitted under paragraph 6.8 shall be the price(s) charged for the good(s) or service(s) in dispute based upon a consideration of the factors specified in said paragraph. 15.2 City and Licensee acknowledge and agree that paragraph 15.1 constitutes an enforceable agreement to submit the controversy to arbitration under the enforcement provisions of the California Arbitration Act, as the law now exists or may be subsequently amended. U Amend. & Rest. License Agmt. AGENDA ITEM NO. PAGE /)b ~ ~120S OF 3d-' -- n 16. . SECURITY DEPOSIT 16.1 Upon the execution of this Amended Agreement, Licensee shall have complied with the requirement to pay to the City Manager the sum of Five Hundred Dollars ($500.00). 16.2 In lieu of cash payments of the amounts required in paragraphs 16.1.1 and 16.1.2, Licensee may deposit said amount in a bank whose deposits are insured under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) Or a savings and loan institution whose deposits are insured under Title 4 of the National Housing Act(12 U.S.C. 1724 et seq.), provided that a certificate of deposit is delivered to the City Manager giving City the exclusive right to withdraw any or all of said amount dUring the term of this Amended Agreement. Licensee shall be entitled to any and all interest accruing from said certificate of deposit. n 16.3 Said sums shall serve as security for faithful performance of all covenants, promises and conditions assumed herein by Licensee, and may be applied in satisfaction and/or mitigation of damages arising from a breach thereof, including, but not limited to, delinquent payments; improper reporting of gross receipts; correction of maifiienance deficiencies; securing required insurance; loss of revenue due to abandonment, vacation or discontinuance ofJicensed operations; discrimination; refunding of deposits for scheduled future events which are required to' be canceled due to abandonment, vacation or discontinuance of the concession operations; completion of construction; a breach of obligations assumed by Licensee herein with respect to,the requirements therefore by City, including the payment of mechanic's liens. Application of amounts on' deposit in satisfaction and/or mitigation of damages shall be without prejudice to the exercise of imyother rights provided herein or by law to remedy a breach of this Amended Agreement. 16.4 In the event any or all of said amount is applied in satisfaction and/or mitigation of damages, Licensee shall immediately deposit such sum's as are necessary to restore the security deposit to the full amount required hereunder. 16.5 Said sum shall be returned to Licensee upon termination ofthis Amended Agreement less any amounts that may be withheld therefrom by City as heretofore provided. 17. CANCELLATION ' 17.1 This Amended Agreement may be terminated without cause by either party upon sixty (60) days written notice to the other party. 17.2 Upon the occurrence of anyone or more of the events of default hereinafter described, this Amended Agreement shall be subject to cancellation. As a condition precedent thereto, the City Manager shall give Licensee ten (10) days notice by registered or certified mail of the date set for cancellation thereof; the grounds therefore; and that an opportimity to be heard thereon will be afforded on or before said date, if request is made therefor. n 17.3 Upon cancellation, City shall have the right to take possession of the Premises and the Campground, including all improvements, equipment, and inventory located thereon, and use same Amend. & Rest. License Agmt AGENDA ITEM NO. PAGE .:u 3~05 OF .==tY -- for the pmpose of satisfying and/or mitigating all damages arising from a breach of this Amended Agreement. U 17.4, Action by City to effectuate a cancellation. and forfeiture of possession shall be without prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this Amended Agreement. 17.5 Any trustee, beneficiary, mortgagee or lender (hereinafter "Lender") under a hypothecation or mortgage previously approved by the City Manager shall have the right at anytime during the term of this Amended Agreement to undertake any and all action that may be required in order to prevent a cancellation of this Amended Agreement and' a forfeiture of the license. Accordingly, the City Manager shall send a copy of any intended cancellation of this Amended Agreement to any such Lender whose security would be affected thereby, provided that such Lender shall have previously registered with the City Manager by written notice specifying the name and address of said Lender; and upon request thereof for postponement, extend the date set therefor by such time as the City Manager finds reasonable in order to allow said parties to correct the grounds therefor or to provide a new Licensee unlfer a, power of sale. or foreclosure contained in the hypothecation or mortgage, who upon transfer thereto shall become responsible for the correction thereof within such time as may be allowed by the City Manager. 17.7 The license operations with respect to the Boat Launch may be terminated by either party upon two (2) days written notice to the other party if the elevation of Lake Elsinore drops below 1240-feet mean sea level. U 18. EVENTS OF DEFAULT The following shall constitute and event of default under this Amended Agreement: 18.1 The unauthorized abandonment, vacation or discontinuance of operations for more than twenty~four (24) consecutive hours. 18.2 The failure of Licensee to punctually pay or make the payments required herein when due, where the delinquency continues beyond ten (10) days following written notice for payment thereof. 18.3 The failure of Licensee to operate in the manner required by this Amended Agreement, where such failure continues for more than ten (10) days after written notice from the City Manager to correct the condition. 18.4 The failure to maintain the Premises and the improvements constructed thereon in the state of repair required herein, and in a clean, sanitary, safe and satisfactory condition, where such failure continues for more than ten (10) days after written notice from the City Manager to correct the condition. U AGENDA ITEM NO. PAGE ~ ~~5 OF ,'"3 d--' Amend. & Rest. License Agmt. ~ (1 18.5 The failure of Licensee to keep, perform and observe all of the other promises, covenants, conditions and agreements set forth in this Amended Agreement, where such failure continues for more than thirty (30) days after written notice from the City Manager. for correction thereof, provided that where fulfillment of such obligation requires activity over a period oftime and Licensee shall have commenced to perform whatever may be required to cure the particular default within ten (10) days after such notice and continues such performance diligently, said time limit may be waived in the manner and to the extent allowed by the City Manager. 18.6 The filing of a. voluntary petition in bankruptcy by Licensee;- .the adjudication of Licensee as a bankrupt; the appointment of any receiver of Licensee' s assets; the making of a general assignment for. the benefit of creditors, a petition or answer seeking an arrangement for the reorganization of Licensee under any Federal Reorganization Act, including petitions or answers under Chapter XI of the Bankruptcy Act; the occurrence of any act which operates to deprive Licensee permanently of the rights, powers and privileges necessary for the property conduct and operation of the concession, the levy of any attachment or execution which substantially interferes with Licensee's operations under this Amended Agreement and which attachment or execution is not vacated, dismissed, stayed or set aside within a period of sixty (60) days. 18.7 Determination by the City, .the California Fair Employment and Housing Commission; or the Federal Equal Employment Opportunity Commission of discrimination having been practiced by Licensee in violation of state and/or' federal laws thereon. n 18.8 Failure of Licensee to keep, perform and observe all other promises, covenants, conditions and agreements set forth herein. 19. IMPROPER CONSIDERATION City may, by written notice to Licensee, inunediately terminate the right of Licensee to proceed under this Amended Agreement if it is found that consideration, in any form, was offered or given by Licensee, either directly or through an intermediary, to any City officer, employee or agent with the intent of securing the Agreement or securing favorable treatment with respect to the award, amendment or extension of the Agreement or the making of any determinations with respect to the. Licensee's performance pursuant to the Agreement in the event of such termination. City shall be entitled to pursue the same remedies against Licensee as it could pursue in the event of default by the Licensee. Licensee shall immediately report any attempt by a City officer or employee to solicit such improper consideration. The report shall be made to the City Manager. 20. TERMINATION UPON TRANSFER OF TITLE OR PARK CLOSURE n 20.1 Notwithstanding any other. provision of this Amended Agreement, in the event the City transfers its interest in the Lake Elsinore Recreation Area (including the Premises and Boat Launch) to a governmental agency (assignee), the City reserves the right to: terminate this Amended Agreement; or provided there is a consent by an assignee, assign the City's interest in this Amended Agreement to said assignee. City shall provide the Licensee with notice of termination or assignment ofthis Amended Agreement pursuant to this provision. ACENDA ITEM NO. PACE ~3 1~5 OF 3.,;)--' Amend. & Rest. License Agmt. .- 20.2 Notwithstanding any other provision of this Amended Agreement, in the event the U City closes the Lake Elsinore Recreation Area, this Amended Agreement shall be terminated upon the effective date of such closure. _ Upon the effective date of park closure, Licensee shall irnmediately ceasdts operations, and within fifteen (15) days therefrom remove all items of its personal property, equipment, and inventory. City shall provide advance notice to the Licensee of such park closure. 21. LICENSEE'S NON-COMPLIANCE AND LIOUIDATED DAMAGES 21.1 In the event the City Manager determines that there are deficiencies in Licensee's operations authorized and required herein, the City Manager will provide, as specified herein in the section ofthis Amended Agreement entitled Events of Default, a written notice to the Licensee to correct said deficiencies within specified time frames. 25.2 In the event that Licensee fails to correct the deficiencies within the prescribed time frames the City Manager may, at his option: 0) use the Security Deposit as provided for herein, (2) exercise its rights under the Section hereinafter entitled Right of Entry and/or (3) assess liquidated damages. The parties agree that it would be impracticable or extremely difficult to fix the extent of actual damages resulting from the failure - of the Licensee to comply with the obligations for operations herein authorized and required. The parties hereby agree that under the current circumstances a reasonable estimate of such damage is $250.00 per day for each day of the period of time that the deficiencies exist, and that Licensee shall be liable to City for liquidated damages in U said amount. " . 22, PUBLIC RECORDS ACT 22.1 Any documents submitted by Licensee; all information obtained in connection with the City's right to audit and inspect Licensee's documents, books, and accounting records pursuant to Section 5.3 (Accounting Records) of this Amended Agreement become the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California-Government Code Section 6250 et seq. (public Records Act) and which are marked "trade secret", "confidential", or "proprietary". The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so -marked, if disclosure is required by law, or by an order of court of competent jurisdiction. 22.2 In the event the City is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked "trade secret"; "confidential", or "proprietary", the Licensee agrees to defend and indenmify the City from all costs and expenses, including reasonable attorneys' fees, in any action or liability arising under the Public Records Act. u Amend. & Rest. License Agmt. - "7 lnl1205 AGENDA ITEM NO,~ PACE;.if OF 3;:;--' -- n 23. W AlVER ,23.1 ' Any waiver by City of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement herein contained, nor shall failure on the part of City to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this Amended Agreement or estopping City from enforcing the full provisions thereof. , , 23.2, No delay, failure, or omission of City to re"enter the Premises and/or Boat Launch, or to exercise any right, power, privilege or option, arising from any default, nor any subsequent acceptance of payments then or thereafter accrued shall impair any such right, power, privilege or option, or be construed as a waiver of or acquiescence in such default or as,a relinquishment of any right. 23.3 No notice to Licensee shall be required to restore or revive ''time of the essence" after the waiver by City of any default. - 23.4 No option, right, power, remedy or privilege of City shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options and remedies given City by this Amended Agreement shall be cumulative. n 24. SURRENDER 24.1 Upon expiration of the term hereof, or cancellation thereof as herein provided" Licensee shall peaceably vacate the Premises and Boat Launch and any and all improvements located thereon and deliver up the same to City in a reasonably good condition, ordiniuy wear and tear excepted, subject to the right of City to demand removal thereof to the extent that Section 2.6 hereinbefore may be applicable thereto: 24.2 Upon 'expiration of the term, Licensee shall execute and deliver to City within thirty, (30) days after service of written demand, a good and sufficient quitclaim deed of the Licensee's interest in this Amended Agreement and the Premises and Boat Launch. Should Licensee fail or refuse to deliver to City,a quitclaim deed as aforesaid, a written notice by City reciting the failure of the Licensee to execute and deliver the quitclaim deed shall, after ten (I 0) days from the date of recordation of the notice, be conclusive evidence against Licensee and all persons claiming under Licensee; of the termination of this Amended Agreement. 25. DEFINITIONS AND INTERPRETATION '25.1 The following words as used herein shall be construed to have the following meaning, unless otherwise apparent from'the context in which they are used: n "Boat Launch" means the real property described in the attached Exhibit "B." ACENDA ITEM NO. PACE;1$" jl~ OF3-Y Amend. & Rest. License Agmt. ~ "City" means the City of Lake Elsinore, a municipal corporation. u . '~City Manager" means the City Manager of the City of Lake Elsinore or his/her designee. . "Director" means the Director ofthe Lake and Aquatic Resources Department. . . "Gross Receipts" means: ! . .,. a. Except as specifically provided by policy statement issued by the City Manager, the term "gross receipts" as used in this Amended Agreement, is defined to be all money, cash receipts, assets, property or other things, of value, including but not limited to gross charges, sales, rentals, fees and commissions made or earned by Licensee and/or all the assignees, sublicensees, licensees, permittees or concessionaires thereof, whether collected or accrued from any business, use or occupation, or any combination thereof, originating, transacted or performed in whole or in part, on the Premises, including but not limited to rentals, the rendering or supplying of services and the sale of goods, wares or merchandise; . , , - b Except as specifically provided below or by policy statement issued by the City Manager, there shall be no deduction from gross receipts for any overhead or cost or expense of operations, such as, but without limitation to' salaries, wages, costs of goods, interest, debt amortization, credit, collection costs, discount from credit card operations, insurance and taxes. Bona fide bad debts actually incurred by Licensee or its sublicensees, assignees, licensees, concessionaires and permittees may be deducted from gross receipts. There shall, however, be no' U deduction for bad debts based on past experience or transfers to a bad debt reserve. Subsequent collection of bad debts previously not reported as gross receipts shall be included in gross receipts at the time they are collected. c. Except as specifically provided. below or by policy statement, gross receipts reported by Licensee and its sublicensees, assignees, licensees, concessionaires and permittees, must include the full usual charges for any services, goods, rentals or facilities provided by Licensee or its sublicensees, assignees, licensees, concessionaires or permittees. Gross receipts shall not include direct ,taxes imposed upon the consumer and collected therefrom by Licensee such as, but not limited to, retail sales taxes, excise taxes, or related direct taxes, which are direct taxes paid periodically by Licensee to a govemmental agency accompanied by a tax return statement and, further, shall not. include the sale or resale of Lake Use Passes purchased from the City. ... " d. The City Manager, by policy statement, consistent with recognized and accepted business and accounting practices may further interpret the term "gross receipts" as used in this Amended Agreement. "Gross Sales Price" means the total consideration resulting from the transfer of Licensee's interest in the concession, or portion thereof, determined by the total cash payments and the market value of all non-cash consideration, including, but not limited to, stocks, bonds, deferred payments, secured and unsecured notes, and forbearances regarding claims and judgments. Amend. & Rest License Agmt. AGENDA ITEM NO. PAGF~ 3 L112o' Of .q~ u -- (\ "License" means the privilege of engaging in the commercial activities authorized herein on the public property designated therefor. ' "Operational Year" means each one-year period of time which commences on January I and ends on December 31 throughout the Initial Operation Term and the Option Term, if applicable, of this Amended Agreement. In the first Operational Year, the Operational Year shall be a short year commencing on the Commencement Date and ending on December 31 of such year. In the last Operational Year, the Operational Year shall be a short year commencing on January I of such year and ending on the termination date as provided under Section 3, or any earlier termination date as otherwise provided for in this Amended Agreement. "Premises" means the real property described in the attached Exhibit "A." "Sublicense" means any lease, license, permit, concession or other interest in the premises which is granted by Licensee to a third party. 25.2 This Amended Agreement shall be inteI]Jreted according to the rules which govern the interpretation of contracts, as prescribed in Part 2 of Division 3 of the California Civil Code, commencing with Section 1635. . 25.3 The headings herein contained are for convenience and reference only and are not intended to define or limit the scope of any provision thereof. (\ 26. RIGHT OF ENTRY 26.1 Any officers and/or authorized employees ofthe City may enter upon the Premises and the Boat Launch at any and all reasonable times for the purpose of determining whether or not Licensee is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the City. Additionally, City has the right to use the Boat Launch during non-operating hours for special events, such as boat parades, at no cost to the City DIthe public.' 26.2 In the event of an unauthorized abandonment, vacation or discontinuance of operations for a period in excess of twenty-four (24) hours, Licensee hereby irrevocably appoints City as an agent for continuing operation of the license granted herein, aild in connection therewith authorizes the officers and employees thereof to (I) take possession of the such licensed area, including all improvements, equipment and inventory thereon; (2) remove any and all persons or property on said area and place any such property in storage for the account.of and at the expense of Licensee; (3) sublease or sublicense the Premises and/or Boat Launch; and (4) after payment of all expenses of such subleasing or sublicensing, apply all payments realized therefrom to the satisfaction and/or mitigation of all damages arising from Licensee's breach of this Amended Agreement. Entry by the officers and employees of City upon any licensed area for the purpose of exercising the authority conferred hereon as agent of Licensee shall be without prejudice to the exercise of any other rights provided herein or by law to remedy a breach of this Amended Agreement. n Amen~. &, Rest. License Agmt. ~205 AGENDA ITEM NO. :) PAGE "z /"f OF 3 C)..J - 26.3 No re-entry or taking of the any licensed area by City pursuant to paragraph 30.2 of this section shall be construed as an election to terminate this Amended Agreement unless a written U notice of such intention be given to Licensee or unless the termination thereof be decreed by a court of competent jurisdiction. 27. INDEPENDENT CONTRACTOR This Amended Agreement is by and between the City of Lake Elsinore and Licensee and is . not intended and shall not be construed to create the relationship' of agent, servant, employee, partnership, joint venture or association, as between City and Licensee. Licensee .understands and agrees that all persons furnishing services on behalf of Licensee pursuant to this Amended Agreement are, for purposes ofW orker' s Compensation Liability, employees solely of Licensee and not of City. Licensee shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services on behalf of Licensee pursuant to this Amended Agreement. 28. CONTRACT ENFORCEMENT AND AMENDMENTS TO THE AGREEMENT 28.1 The City Manager shall be responsible for the enforcement of this Amended Agreement on behalf of City and shall be assisted therein by those officers and employees of City having duties in connection with the administration thereof. 28.2 This document may be modified only by further written agreement between the U parties. Any such modification shall not be effective unless and until executed by Licensee and in the case of City, until approved by the City Manager. 29. CITY'S OUALITY ASSURANCE PLAN The City or its agent will evaluate Licensor's performance under this Amended Agreement at such reasonable intervals as determined by City. Such evaluation will include assessing Licensee's compliance with all contract terms and performance standards. Licensee deficiencies which City determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the City Council. The report will include improvement/corrective action measures takenby.the City and Licensee. If improvement does not occur consistent'with the corrective action measures, City may terminate this Amended Agreement or impose other penalties as specified in this Amended Agreement. 30. NOTICES Any notice required to be given under the terms. of this Amended Agreement or anyJaw applicable thereto maybe: (I) delivered bypers6nal service; or (2) placed in a sealed envelope, with postage paid, return receipt requested, addressed to the person on whom it is to be served, and deposited in a post office, mailbox, sub-post office, substation or mail chute, or other like facility regularly maintained by the United States Postal Service. The address to be used for any notice served by mail upon Licensee shall be Pyramid Enterprises, Ine, Attention: Chet Roberts, P.O. Box. U , \-. . "3 ~1205 ACENDA ITEM NO. PAGE ~ OF.:1;}/ Amend. & Rest. License Agmt. -- (""\ 249, Piru, CA 93040 or such other place as may hereafter be designated in writing to the City Manager by Licensee. The address to be used for any notice served by mail upon the City shall be City of Lake Elsinore, Attention: City Manager, 130 South Main Street, Lake Elsinore, CA 92530, or such other place as may hereafter be designated in writing to Licensee by the City Manager. Service by mail shall be deemed complete upon deposit in the above mentioned manner. 31. AGREEMENT TO TERMINATE EXISTING CONCESSION Licensee hereby acknowledges that the City has entered into that certain Lake Elsinore Campground and Day Use Facility Concession Agreement dated as of January 25,2004 (the "2005 Concession Agreement"). Licensee hereby agrees that the license operation herein with respect to the Premises shall terminate upon the "Commencement Date" as that term is defined in the 2004 Concession Agreement. 32. SEVERABILITY If any provision of this Amended -Agreement is determilled to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions hereof shall not be affected thereby and shall remain in full force and effect. 33. RESTATEMENT OF ORIGINAL AGREEMENT: ENTIRE AGREEMENT (""\ This Amended Agreement is an amendment and restatement of the Original Agreement. This Agreement is entered into to effectuate the purposes of the Original Agreement and shall replace the Original Agreement in its entirety. , , Accordingly, the Amended Agreement and the Exhibit(s) attached hereto, constitute the entire agreement between City and Licensee for the uses granted herein. All other,agreements, promises and representations with respect thereto, other than contained herein, are expressly revoked, as it has been the intention ofthe parties to provide for a complete integration within the provisions of this document, and the Exhibit(s) attached hereto, the terms, conditions, promises and covenants 'relating to the concession and the premises and to be used in the conduct thereof. The unenforceability, invalidity, or illegality of any provision of this Amended Agreement shall not render the other provisions thereof unenforceable, invalid or illegal. 34. AUTHORIZATION WARRANTY Licensee represents and warrants that the signatory to this Amended Agreement is fully authorized to obligate Licensee hereunder and that all corporate acts necessary to the completion of this Amended Agreement have been accomplished. (""\ Amend. & Rest. License Agmt. 3lfl21205 ACENDA ITEM NO. 1 PACE~ OF 3Y -- IN WITNESS WHEREOF, the parties have executed this Amended Agreement on the U respective dates set forth below. PYRAMID ENTERPRISES, INC., a . California corporation ' ,2005 By: DATED: Chet Roberts, President .' CITY OF LAKE ELSINORE, a municipal corporation ',2001 - By: DATED: ATTEST: CitY Clerk >.' u APPROVED AS TO FORM: VAN BLARCOM, LEffiOLD, . MCCLENDON & MANN, P.C. City Attorney ., u AGENDA ITEM NO. PAGE Sf) 34021205 oF3~ Amend. & Rest License Agmt. (\ (\ (\ -- EXHIBIT "A" PREMISES MAP (To Be Inserted) - Amend. & Rest. License Agmt. n l r21205 AGENDA ITEM NO.--2..:1-- PAOE3j OF 3y - EXHIBIT "B" BOAT LAUNCH MAP (To Be Inserted) - Amend. & Rest. License Agmt. u u u f'1 Ll021205 AGENDA ITEM NO.~ PAGE '3;#' OF f3 C?-- ("\ (\ (\ -- CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL ROBERT A. BRADY, CITY MANAGER FROM: DATE: FEBRUARY 22, 200S SUBJECT: LAKE ELSINORE RENTAL HOUSING SAFETY PROGRAM BACKGROUND On October 26, 2004, staff presented the I.ake Elsinore Rental Housing Safety Program to the City Council for consideration. The City Council voted unanimously to continue the item to be heard at an unspecified date in the future. The Council directed staff to solicit input from owners of rental units. Notices were sent to the owners describing the program. DISCUSSION The City Council directed the Community Development Department to proceed with the development ofa Rental Housing Safety Program. Since that time, staff has gathered information from numerous jurisdictions to assist in formulating an effective and comprehensive program for the City of Lake Elsinore. The purPose is to develop a program that would ensure the rental residents a safe and decent place to live. The proposed program would eventually require all rental units to be inspected by the City. Under the proposed program, both the interior and exterior of the properties would be inspected. The Crime Free Multi-Housing Program provides the City and the Police Department with the opportunity to assist property owners and managers of multi-family housing complexes in keeping illegal activity off of the premises. The Crime Free Multi-Housing Program would work together with this program to provide much safer housing for the residents, a decrease in crime and an increase in overall property values. Due to concerns raised at the October 26th City Council Meeting regarding noticing the property owners and managers, additional notification was requested. In an effort to provide adequate outreach to the property owners and managers, 119 notices describing the program were sent out to properties with two or more units per parcel. AQENOA ITEM NO. J $ , PAGE-L OF I g Rentalliwlsing Safety Program February 22, 2005 Page 2 of2 A second notice was mailed identifying the date the City Council would consider the program. To implement this program, it would be necessary for City Council to adopt an ordinance that will add a new chapter to the Lake Elsinore Municipal Code Title 8, Health and Safety. This chapter would establish the City's authority to conduct inspections ofrental housing units. The City Council will also need to adopt a resolution establishing the fees associated with the inspection of each rental unit. u RECOMMENDATION Staff recommends the following to the City Council: I. Adopt and have first reading of the proposed Rental Housing Safety Program Ordinance. . 2. Dire<;t staff to prepare the resolution to adopt the inspectio~ fee schedule. APPROVED FOR AGENDA LISTING: u " . u AGENDA ITEM NO 3:5 PAGE ~ 'OF.J r City of .i!ake EL1inote "D"" {!ilJ ' ~ got d/i!ou;" February 2, 2005 Re: Lake Elsinore Rental Housing Safety Program Dear Property Owner and/or Property ManaJ!.er: The City of Lake Elsinore is in the process of implementing a new program to inspect rental housing units on a regular basis. Multifamily rental housing units comprise approximately 18 percent of the total housing in the City or approximately 2,200 units. ('\ On February 22, 2005, the City Council will consider adopting an ordinance that will add a new chapter to the Lake Elsinore Municipal Code Title 8, Health and Safety. This chapter would establish the City's authority to conduct inspections of rental housing units. On that date, the City Council will also consider adopting a resolution establishing the fees associated with the inspection of each rental unit. This program is scheduled for consideration by,the City Council on February 22, 2005. On the reverse side of this letter is a Notice of Public Meeting with the date and time of said meeting. If you have any questions or comments about this proposed program, please call (951) 674-3124 extension 289. ('\ 130 aou.th &'lain atu;d, .i!ake Elimo,e, Cd! 92530 9dephone:( 909) 674-3124 9-ax: (909) 674-2392 www.take-e~ino,u:i'5 '7 c- AI8ENDA ITEM NO. .> .:> PAGE 3 OFJ g' -- () . . Notice of Public Meeting City cl Lake Elsinore Pl411ning Division 130S.MaD~ lake Els&w~ CA 92530 {909)674-3124 (9O'J)471-14r;lfax "'~"':;~::~';~~\';ii~' -:'~-:i.i:+:SJ';-' ~~~~'>~~~,:~ ;,200~@.;Z~~ - From: Gty of Lake Elsinore (951) 674 3124, ext. 289 Proiect Tide: Rental Housing Safety Inspection Program Proiect Descri.ption: The GtyOmnci! directed theOmununity Development Department to proceed with the development of a Rental Housing Safety Progr.un. Since that time, staff has ' gathered information from numerous jurisdictions to assist in formulating an effective and comprehensive program for the Gtyof Lake Elsinore. u Project Location: The project encompasses numerous properties located in the Gtyof Lake Elsinore "If }'Ju challenge the (nature of the proposed) action in Court, }'JU tnay be limited to taising only those issues }'Ju or someone else at the public hearing questioned, that was described in this notice, or that was written correspondence delivered to the Planning Commission at, or prior to, the public hearing! meeting." ALL INTERESTED PERSONS are invited to attend this hearing! meeting and express opinions upon the item listed above, or to submit written comments to the Planning Division prior to this date. FURTHER INFORMATION on this item tnay be obtained by contacting the Planning Division, at Gty HalI(951) 674- 3124, where all agenda tnaterials are available for review. Dl\1lE:Februaty2,2005 u , Notice of Public Hearing/Meeting'- Form No, PD 2000-30- Revised August, 2000 Page 1 of 1 ACiilENDA ITEM NO. PAGE Lf 35 OF I g-' n n n ~ CITY OF LAKE ELSINORE J REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: OCTOBER 26, 2004 SUBJECT: LAKE ELSINORE RENTAL HOUSING SAFETY PROGRAM BACKGROUND The City of Lake Elsinore's multifamily rental housing units comprise approximately 18 percent of the total housing or approximately 2,200 units. To ensure that residents have access to quality rental housing, the City must take a proactive role to protect the existing housing stock. Staff has researched other cities' rental housing inspection programs in order to develop a successful inspection program for the City of Lake Elsinore. DISCUSSION J The City Council directed the Community Development Department to proceed with the. development of a Rental Housing Safety Program. Since that time, staff has gathered information from numerous jurisdictions to assist in formulating an effective and comprehensive program for the City of Lake Elsinore. Staff is proposing to systematically phase in an annual inspection of approximately 2,700. rental units over a period of three years (for the purpose of this report it is estimated that 500 single family detached rental units will be included in the inspection program). During the first year multifamily units of five units or more would be notified and inspected. During the second year, properties with two or more units would be included in the annual inspection. Single family rental units would be subject to inspection commencing with the third year of the program. Inspections will be pre-scheduled to allow property owners to give tenants appropriate notice. Deficiency notices will be prepared by the clerical support staff and a 30 day period will be provided to allow for the correction of code violations. As proposed, the Rental Housing Safety Program will be a fee-based program, the costs of which will be borne by an annual per-unit fee assessed for each rental"unit. The inspection fee will offset part of the City's cost to implement the program. -.-./ AGENDA ITEM NO. 3) PAGE-2.0F~ ..; ..; ..,/ Rental Housing Safety Program October 2~04 Page 2 of 4 To implement this program, it will be necessary for City Council to adopt an ordinance that will add a new chapter to the Lake Elsinore Municipal Code Title 8, Health and Safety. This chapter will establish the City's authority to conduct inspections of rental housing units. The City Council will also need to adopt a resolution establishing the fees associated with the inspection of each rental unit. u Existing Programs Lake Elsinore currently has a Code Enforcement Division in the Community Development Department that inspects rental housing in response to complaints filed by residents. Although all neighborhoods and properties are subject to windshield surveys by Code Enforcement Officers based on the appearance or the condition of the properties, they do not conduct interior inspections except when responding to a complaint. The City of Lake Elsinore and the Lake Elsinore Police Department have developed a Crime Free Housing Program in an effort to.assist property owners and managers in preventing illegal activity from disrupting the living conditions of the renters. This program is based on a partnership between property owners/managers, tenants/residents and the Police Department. The Crime Free Housing Program is significant in providing outreach and an educational component, targeted towards property owners and managers. This program provides the City and the Police Department with the opportunity to assist property owners and managers of multi-family housing complexes in keeping illegal activity off the premises. Attending an annual seminar is required to begin the program. The first seminar has a nominal fee to cover supplies, while returning participants are free. Renta),properties involved and certified in this program have noticeably safer and healthier environments. Certification in the Crime Free Housing program could allow the City to grant the property owner a discount for the Rental Housing Safety program inspection fees. The combination of the Code Enforcement, the Crime Free Honsing program and the Rental Housing Safety program will provide improved safety and maintenance of rental housing units and may increase property values. Additionally, the City already requires the owners of residential rental properties to obtain a business license with the City. The Rental Housing Safety program will help to identify those properties which are not in compliance with the City's business license requirements. u Program Design The Rental Housing Safety Program is designed so that all rental housing units are inspected every year to ensure compliance with minimum habitability standards.. Educating the new and inexperienced rental property owners about the problems resulting from deferring routine maintenance is an important part of the.program. Rental housing property owners and/or property managers will receive written noticeJrom the City at least 60 days prior to the initial annual inspection that includes the date of the inspection and a checklist with the inspection guidelines. The inspection guidelines will enable the property owner/property manager to prepare for the inspection. u AaENOA ITEM ~o.4- ". PAGE Ie OF J 15 n Rental H~ing Safety Program October 26, 2004 Page 3 of 4 '1 On the scheduled inspection day, the Inspector will visit scheduled rental units.: The housing inspection guidelines prepared by the Building and Safety Division will be used to check for compliance with health, fire, safety and zoning codes If the rental property passes inspection, a Certificate of Compliance will be issued to the property owner and the property will automatically be scheduled for an inspection between one and two years from that date. If violations of one or more provisions of applicable City codes and ordinances are noted during the initial inspection, the City shall provide written notice of such violations or non-compliance within fifteen (15) working days following the inspection and shall set a re-inspection date before which such violation shall be corrected. Generally, all necessary repairs are required to be completed within 30 days of notice of violation. If such violation has been corrected within that period, the City shall issue a Certificate for the premises. If such violations have not been corrected within that period, the City shall not issue the Certificate and the City may take any action necessary to enforce compliance with applicable City codes ano ordinances. Staffing Staffing for the Rental Housing Safety Inspection Program will include the following positions: /') n 2 I Building Inspectors Housing Clerk The Building Inspector position is a mid-range position between Code Enforcement Officer and Senior Building Inspector. These positions will be filled using a standard recruitment process to screen for the most qualified candidates. The Housing Clerk position has already been filled. FISCAL IMPACT The proposed annual cost for the program in Fiscal Year 2004/2005 is $235,600. These costs are illustrated in the attached budget detail. Staffis proposing the establishment of an inspection fee to offset costs associated with the program, including staff, capital equipment, and maintenance and operations, so that the impact on the General Fund is reduced. The program may yield indirect benefits that will be difficult to quantify such as a reduced need for law enforcement and code enforcement and increased property values and taxes. A per-unit fee is proposed to offset the cost of the inspection program. In order to completely cover the cost of the program, the inspection fee would have to be an average of approximately $91 per unit per year or $7.58 per month. n The proposed inspection fee schedule includes an initial fee of $90 for the first unit and $50 for each additional unit. For example, a 150 unit apartment building would pay an I"") annual fee of $7,540 ($90+149(50)). This would result in an average monthly cost of ' AQENDA ITEM NO. :55' " PAGE-L OF....LL. ,'-'- ,r-- .1 Rental Housing Safety Program October i6, 2004 Page 4 of4 $4.19 per unit for a 150 unit complex. A discount of$5.00 perunit would be provided if the property is part of the Crime Free Family Housing program. A 150 unit complex would realize an annual savings of$750.. If2,200 multi-family rental units participated in the Crime Free Housing Program, the City would annually generate $154,250 in inspection fees. RECOMMENDATION Staff recommends the following to the City Council: I. Adopt and have first reading of the proposed Rental Housing Safety Program Ordinance. 2. Direct staff to prepare the resolution to adopt the inspection fee schedule. 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J I '-\ 0 . u AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.68 TO TITLE 8 OF THE LAKE ELS~NORE MUNICIPAL CODE ESTABLISIDNG A RENTAL HOUSING SAFETY PROGRAM THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That a new Chapter 8.68 is hereby added to Title 8 of the Lake Elsinore Municipal COde to read as follows: ..,/ 8.68.005 8.68.010 8.68.020 8.68.030 8.68.040 8.68.050 8.68.060 8.68.070 8.68.080 8.68.090 8.68.100 8.68.110 8.68.120 8.68.130 8.68.005 Chapter 8.68 Purpose and Intent _ Definitions Registration Required Transfer of Property Maintenance of RecQrds Manner of Registering Inspection Guidelines Preparation of Inspection Schedule Inspection Procedures Certificate of Compliance Required Right of Entry for Inspection Timing of Repairs Schedule for Implementation Enforcement u Purpose and Intent. The City recognizes a need for an organized inspection program of residential rental units within the City in order to ensure that rental units meet basic City and State safety, health, fire and zoning codes; to provide a more efficient system for compelling both absentee and local landlords to. correct violations of these codes which pose a threat to the health and safety of tenants; and to ensure the maintenance, in proper condition, of residential rental properties within the City. The City recognizes that the most efficient system to provide for rental inspections is the creation of a regulatory program requiring the registration of certain residential rental units within the City so that orderly inspection schedules can be made. by City officials. -' - I - 35 AQENDA ITEM NO. ~ PAGE 12 OF_f u - ("\ 8.68.010 ' Definitions. 'The following definitions shall apply to this chapter: "Boarding Unit" means a dwelling unit where lodging is provided with or without means for compensation, for seven or more persons, such that it is required to be licensed as a social care facility. "Certificate" means Certificate of Compliance. ','City" means the City of Lake Elsinore. "Director" means the Director of Community Development or his/her designee. "Granny Flat" means a residential occupancy of an accessory dwelling unit located on the same parcel as the principal dwelling unit which is occupied by one or two adults, whohave reached the age of sixty (60), and are dependents of the residents of the primary unit, or are' court-appointed conservatees of a resident of a principal unit, or are members of a very low income household a. specified' in Section 50 I 05 of the Health and Safety Code and are related to the residents of principal unit by birth, marriage, or adoption. ' ("\ "Inspector" means the Building' Official, Code Enforcement Officer, City Planner or designees for the City of Lake Elsinore responsible for implementing the Rental Housing Safety Program.' . -../ "Occupant" means any person who occupies a Rental Housing Unit whether as a tenant or permittee of the Owner, but not an Owner Occupied Unit. ' , "Owner" means a Person tliat has an ownership interest, whether as an individual, partner, joint venture, stock owner, or some other capacity, in a Rental Housing Unit. "Owner Occupied Unit" means a dwelling unit which is occupied by the Owner. "Person':. means an individual, partnership, corporation or association or rental agent. , ' "Rental Housing Safety Program" shall mean the procedures and requirements set forth in this Chapter 8.68. ("\ "Rental Housing Unit" means any dwelling unit, a single structure, or in a group of attached or detached structures containing one or more such dwelling units on the same parcel of land, and is occupied or intended to, be occupied' on a rental basis, excepting such units which are exempt as provided herein. Notwithstanding the foregoing, Rental Housing Unit shall not include Boarding Units, Granny Flats, hospitals, convalescent care facilities, nursing homes, mobilehomes within mobile home parks, and Owner Occupied Units. -....I - 2 - AQENOA ITEM NO. :5 S / PAGE.L..:L OF ~ -- -- "Resident" means any individual, family, or group of persons residing in a Rental Housing Unit. . . u 8.68.020 . Registration Required. No Person shall hereafter occupy, allow to be occupied or let to another Person for . occupancy any Rental Housing Unit within the City for which a Rental Housing Safety Inspection Application form has not been properly filed with the Building and Safety Division and accompanied by a fee to cover the cost of inspection, in accordance with the City's fee schedule. The Rental Housing Safety Inspection Application form shall be furnished by the Building and Safety Division and shall specifically require the following minimum information: ' I. Name, address and phone number of the Owner; 2. Name, address and phone numbers of a designated local property manager if the Owner lives outsjde o(the City; - 3. The street address of the Rental Housing Unit; 4. The number and types of Rental Housing Units within the rental property; 5. The maximum number of Occupants permitted for each Rental Housing Unit; u ...,/ 6. The name, ad.dress and phone number of the Person authorized to makeor otherwise provide for repairs or services for the Rental Housing Unit, if the Person is different from the Owner or designated local manager. 8.68.030 Transfer of Property. Every new' Owner of a Rental Housing Unit shall submit to the Building and Safety Division a completed Rental Housing Safety Inspection Application form within thirty (30) days of transfer or change in ownership or control, indicating if any change in the type of occupancy as originally registered is contemplated. No fee shall be required of the new Owner at the time of submittal so long as all applicable fees are current. 8.68.040 Maintenance of Records. All records, files and documents pertaining to the Rental Housing Safety Program, except business licenses, shall be maintained by the' Building and Safety Division and made available to the public as required by State law. ' ,.,/ -3- AGENDA ITEM NO.~ PAGEliOFK u -- n 8.68.050 Manner of Registering. _./ All Rental Housing Units shall be registered with the City as required by Section 8.68.020 by no later than May 1,2005 and shall be renewed annually, on or before May I, of each year thereafter, by the Owner or designated local property manager in the' office of the Building and Safety Division. 8.68;060 Inspection Guidelines. The Building and Safety Division shall prepare inspection guidelines to assist Owners in complying with the Rental Housing Safety Program. The inspection guidelines shall be made available free of charge. 8.68.070 Preparation of Inspection Schedule. The Director shall prepare an inspection schedule, consistent with the implementation phasing schedule set forth in Section 8.68ri20, which provides at least sixty (60) days notice to the Owner prior to the initial inspection along with a copy of the inspection guidelines. 8.68.080 Inspection Procedures. (\ A. The Director shall cause each Rental Housing Unit to be inspected annually for compliance with applicable City and State codes relating to zoning building, health, safety and property maintenance. .J B. If the Rental Housing Unit is in compliance with applicable City and State codes relating to zoning building, health, safety and property maintenance, the Director shall issue a Certificate of Compliance. C. If, upon inspection, violations of one or more applicable City and State codes relating to zoning building, health, safety and property maintenance are noted, the City shall provide written notice of such violations or non-compliance within twenty (20) days following the inspection or within a reasonable time thereafter and shall set a re- inspection date before which such violation shall be corrected, but in no event shall such re-inspection take place less than thirty (30) days following service of the notice of violation. If such violation has been corrected within that period, the Director shall issue a Certificate of Compliance. If such violations have not been corrected within that period, the .Director shall not issue the Certificate of Compliance and the City may take any action necessary to enforce compliance with applicable City and State codes relating to zoning building, health, safety and property maintenance. n J -4- AGENDA ITEM 5" J/~ PAGE l OF -- 8.68.090 Certificate of Compliance Required. A. . No Owner shall rent, let for occupancy or permit occupancy of any Rental Housing Unit without having a valid, current Certificate of Compliance for such Rental Housing Unit, subject to the Schedule ofImplementation set forth in Section 8.68.030. u .-I B. The Certificate of Compliance shall expire one (I) year from the date of issuance. Notwithstanding the foregoing, the Director may determine to extend the Certificate of Compliance for up to two (2) years. C. The Certificate shall provide the following information: I. Date ofIssuance; 2. Address of the Rental Housing Unit; 3. Date of expiration of ,Certificate; . ,. "t 4. That the Rental Housing Unit has been inspected and found. in compliance with applicable City and State codes relating to zoning building, health, safety and property maintenance. . ....; D. A Certificate of Compliance issued pursuant to this Chapter shall be transferable to succeeding Owners; provided that, within thirty (30) days of the transfer, the transferor shall provide written notice of such transferas set forth in Section 8.68.030 herein. u 8.68.100 Right of Entry for Inspection.. This Chapter contemplates exterior and interior inspections of residential rental properties. The Inspector shall have the right to make both exterior and interior inspections of properties which are subject to the Rental Housing Safety Program. Ifany. person refuses to permit the Inspector to enter any premises to make an inspection authorized by this Chapter, the Inspector shall seek an inspection warrant or other appropriate court order. 8.68.110 Timing of Repairs.. All necessary repairs shall be completed within thirty (30) days of service of the notice of violation, or for such longer period as may be approved by the Director. 8.68.120 Schedule for Implementation. .,/ Inspection under the Rental Housing Safety Program shall be phased in over a three year period. In the first year beginning January I, 2005, all properties consisting of five or more Rental Housing Units shall be subject to inspections as provided herein. In the - 5 - A<AE!'-lDA ITEM NO. 3 S . " PAGEKoF~ u (\ (\ n -- second year, properties consisting of two or more Rental Housing Units shall be subject to inspections as provided herein. In the third year, all single family Rental Housing Units shall be subject to inspection as provided herein. / 8.68.130 Enforcement. This Chapter shall be enforced in accordance with Chapter 1.20 of the Lake Elsinore Municipal Code provided, however, that nothing herein shall prevent the enforcement of this ordinance by criminal, civil, or administrative actions either undertaken individually or in conjunction with other remedies as provide herein. SECTION 2: SEVERABILITY The City Council hereby declares that it would have adopted this Ordinance and each Section, subsection, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections, subsections, clauses, phrases or portions thereof be declared invalid or unconstitutional, in which case all othllf provisions hereof shall remain valid and enforceable. SECTION 3: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days following its adoption and shall, prior to expiration fifteen (15) days after its adoption, be published and/or posted in at least three (3) public places as designated by resolution of the City Council. J PASSED, APPROVED AND ADOPTED this _ day of the following roll call vote: , 2004, by AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Mayor A TIEST: Vicki Kasad, City Clerk _/ -6- AGENDA ITEM NO. 3 f g-I PAGE I 7 OF /1 "'-"" -" ../ -- APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney \~ . - - 7- 3S'. AGENDA ITEM NO. PAGE l 8" OF I f) 1 u u u n n n -- CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT BRADY, CITY MANAGER DATE: FEBRUARY 22, 2005 SUBJECT: SELECTION OF RECRUITING FIRM FOR CITY MANAGER BACKGROUND The City Council solicited proposals from executive recruiting firms to assist the City in recruiting and selecting a permanent City Manager. The City Council subcommittee has selected two of the responding firms to interview. DISCUSSION By the time of the Council's regular meeting, it is anticipated that the subcommittee will have conducted the interviews and be prepared to make a recommendation regarding the selection of a qualified recruiting firm. FISCAL IMPACT The subcommittee with brief the City Council regarding fiscal impacts. RECOMMENDATION 1. That the City Council consider the recommendation of the subcommittee; 2. If the subcommittee's recommendation is approved, that the City Council appropriate sufficient funds and authorize the Mayor to execute a services contract with the selected recruiting firm in a form approved by the City Attorney. PREPARED AND APPROVED BY: Barbara Zeid Leibold, City Attorney APPROVED FOR LISTING BY: A~ENDA ITEM NO. 3'=> PAGE-LOFJ .>111 ~ u - u u -- (\. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: RICHARDJ. WATENPAUGH,CITYMANAGER DATE: February 22, 2005 SUBJECT: FIRE STATION NAMING BACKGROUND The fire station being constructed on Railroad Canyon Road near Canyon Hills is approaching completion. It is anticipated,;hat the station will be in operation by May of this year. The facility is designated numerically as Station 94. (\. The City Council appointed five residents to a committee to identify and recommend a name for the new fire station. The whole committee met and discussed the purpose and importance of naming the fire station. The committee unanimously agreed that the name of the station should identify the geographic location of the station. This would allow both public safety officials and citizens to more easily determine the location of the station. The Me Vicker Park Fire Station is a good example of associating the location of the station with a known geographic location. The Committee also agreed that this methodology should be employed in the naming of future fire stations. The Committee unanimously agreed that the new fire station should be named Canyon Hills Fire Station No. 94. Although the Committee was not tasked with naming the proposed fire station in the Rosetta Canyon project, they agreed that the name should be Rosetta Canyon Fire Station. RECOMMENDATION The Fire Station Naming Committee recommends to the City Council that the name of the new fire station being constructed on Rail Canyon Road should be "Canyon Hills Fire Station No. 94." PREPARED BY: Robert A. Brady, City Manager APPROVED FOR (\. AGENDA LISTING: AQENDA ITEM NO. 37 PAGE--!- OF-L- - -. " "., u u u