HomeMy WebLinkAbout06/14/2005 CC Reports
"~?'i:}:;;.:.;"::~.:",':~:'" ;c", .
, ">-'.,'- .-.-,-"--,\
C' ITy"'i".'F"'L' "A'KE' "ET,'S INARE' ,
"",,','--' ---~~/,~ ;"':':~:' </:.f':.-,:, _' -",,_ --" ,-"/ ,,Iii "-,' " ,: -_'~:" -~,
. , '.'~'
",.,;-,,'
';,""'"
, ,r:'1I':r;p:XT 60:: 'U':N" bl'L",ArG'E";N'~A' ' ,
, '~:, ':,>~l:/;' ',';iI;~;,:':I-~f'~--'~"__ \, ,,::' ':';" :"- ,;~- " "" :'_':~"i ._'- , -; - ";'" ~B: --.-,,_
:: - ' ',,:',-.': :.>,:: ;?~ ;:",' _' ,; ;,oc,,', ',,' _~,- S:,i,_,~(~" .', :~:-"'!\:' '"1,, _' :,:' -,_:; __'-", ~:,. ,': :- '~ ,_c_, ", ;-,- .,- -.-; :
, '-', ,-_..-,' .',
ROBt_RT;~>'1l6~~,~:~,i,9E~!{,"AXQR ',' -: .
-:-'(
" ',",
ROBERTL,SCHiFFNER,MAYO~~ROT~~", '". " '
TH!>MAS BU,CKLEy,COUN~ILMAN, ,'" "",'
, , ___ ,.-",_,'_,_,-,"" ' ,"." _,' -" 'l,_, , '
DARYL HICKMAN, COUNCILMAN' ",;,
" ' G~~IE IffiLLE:v::~b~~C1~WP~AN ,',' :,",", '
ROBERT A:'BRADY, CITY MA,NAGER' :,' '",
," . ' .
wWW:LAKE~ELSiNORE,OiG
j,:,- ~ ~ ,,:' :,"" <:: : , . .-~; '-- , ,.--.-. ";
, 183 NORTH MAIN STREET
If you are att'i!fldingdhis;City COlfncii Meeting please park in the Parking
Lot across the street' from' the :Cultural, Cen.ter. ' This will assist us in
limiting the impact' of, ltJ'e,etings,on 'the 'Downtown Business District.
Thal,j,youforyour c(}op(!ration! ' ,
, . "'" ",-,'.1-, '-"''',:':':'' ",'
"" _' ,i.
CALL :F00RDERI
,-':" ,,:-
<' -., ,;', '-'.-: ,:,",1 ',:,,~
:' ~,:";-'i
" -,. < ,- ,'-" '- '
. ' ',- : ': --,-",',-""
R^L'L""'C' 'A"'L:L ,,': "', ,"
> - \::.1 ":-. tl: ,- '.' _'.': -,"
~ ':'.' ;'-' :'",\'--
,-,:" C?:__:-','
~ _:-,,': 'i;-,":,. ,'_
':_::,.-:::-'.-'_c:'.,;,-,
"---; '1';'''X:\J''-'\':'''':'--'
. ".r_". ,'-c'
. " '", '
, - .
, CLOSED SESSION .' '
, CQNFERENCEWiT.lJ':LAB,ORNEG,OTIATOR (Gov.~tCode ~,
54957.6) ",'. " " . '" . "" . '" '
CitYl)egqti~tor:Specil{r~ou~selj Stevefil~rsky', c ," ",'''" " '
:Employee oIganizahoh:iLaborers' International Vnion,of. N otth
,AiV€~Va;L~caI777".{',f;~;a,:~,,~, ',/>; ,;. ,,'/,,; i
""'''i: . ,. . ":>".;-' "';'f,':'t,: .,.,~ ,..~~"-::'".->' :-- ,-<;/--:,-.
""'C0Nir~;~NCiW#'II.;i~>>ORNEG()tiA:l'OR{Gov'(Gbde ~
54951.6),..::,;'''>:;' ' '. ''''
Citynegotiator:City,Couiltil " '
'Uniepresehtedemployee: CityAttomey ,,' '
, '~ _,,__ ,", :_- , , ' ',-; , . ,-- .' ' o. ',- '" _,"
a.
b.
, ,
~'.-'< ,
1.
Page Two - City Council Agendll.=June 14'f09~'
PLEDGE OF ALLEGIANCE
C' ,,_','_ .0' ............ ..
~. .. ,.
.. .: :::':\ . ,,-,-,'" i"--,'-', ,',. ',".
INVOCATION -MOMENtOFSILENTPRAYER
,;',,',','i"','-
PRESENTATIONS/CEREMONiAis
A.Presentation "-' RCTC
B.
C.
D.
Proclamation ""
E.
Proclamation
F.
. . ..' ..
'-- ..,....... '-'"
. ., .. ',." - --
o '_'.... .0 .
.. , .0 . _. .
Certificate of Appreciation - International Club Volunteer readiers. .'
G.
.... .. .. . '.
o '_"""""'_",':_.,
- ,'-'-.... ..
.;...,..,...... ',0.-
... ", ..
.. .. '. .. .. .. .''''--'' ...... ,- ,-,'
Certificate of Appreciation -MemorialDay Sponsor's.
H.
',0 .'.,_ '.,',-', ',', .._"
Certificate of Achievement- Kom Scholai'shiprecipients.
Presentation - Vicki Kasad
1.
Presentation -General Plan ~Mooney, Jones 8<->.S. t.Ql<es
. ..,.... ......... ",.-"
PUBLIC COMMENTS "-' NON-AGENDIZED ITEMS,= 1 MINUTE',
(Please read &.cOrhplete.a Speaker's Form atthe Podium, prior to the start'
of the City Council Meeting) , .'
..... '... ......,'.',_. ""..-i .;,....;.., <'_:'" ':'<'.:_ >.",.. ..
.. . . '0:,...,.,:'..,.. -<'./:.,-::"';-',,'-:>f. "\">,~;;".,::,-~>'_;'J
PUBLIC COMMENTS - AGENDlZED ITEMS -3 MINUTES
(Please read &complete aSpeaker?sForrl1 afHie Podium; prior to the Start .
of the City Council Meeting. The Mayor will call on you to speak~ wHen'
your item is called.) '. ",. . .
~ .;....<
.-,..,:.,>:.........,
,",,'.,.
" .~. ". -
c,,,,',_,',
,":<"-
Page Three;' City Coullcil:AIi~li~ll-7 JUlIe t~,'2005,
. ,","" '" , ,,--,::-:" ",_ _':_:_'.':','-", ~,,~-~ :;~"~'-'\::__'~::' ":'::-, ?' >i>~_!,-;",/,::_-:'./;,:_:./j,~:i::;:_'_::'i:'_::~:'<' ;' - ':: ' '_'::' <::: '--:~", ,.:":t :' ---, ...;:> -;',
, ';", ;;. ' . -', -,",~" ,'C",
__-c'"
''--' -'.,-!--,."'"
. '-- ..,',."
, -","','
':--"",,-
, ',' , ~'i
;-'. .-,,'-:.<-.;" -. ,',.'~, ; '--'':'-, ,--" ,-':' ,.
,;, ~: ,,' ': :: ::::::. .'- '. ,-" .
',,>:,-:,
CONSEN1:CALENDAR ' . "'. c'
''''','",'
(Allma(tetsPI1,the:GQllsent Galeri.9.a.rlifeapproved on one motion, unless a
CouriCilmemberotany wem~eFOfthepublic requests separate;lction on a
spe.cificitem,} '.,' , . ....;., .,' ' . 'c..
_ v , , ;::''-'> <;,:_, 'c'_ ;_':.
,'->;':" .~ . ,,,/,-',:<:,-'~.- \,"-''-,,-'' -'-.'
l.Minut~s .' ...
a; .
. " ','.
- .. , - . " . '
foinfCity;CouncillRedevelopmentAgem:y.study Session -
.' MayIO,2005... .... . . .
; Regula!' (.::ity CouncirMeeting ..:. May 10, 2005.
b. .
,-",' -,'-' ,"-"
'R.E(X5MMENDATI()N: ;
Approve; .
",.,'" ".
2. WaiTlult'List:-"May31~ 2005. ' .
'~~O~MENuAtI8Nt;~~~};.;R~ti&.: '. .
- , "",":, '--',,;,'_', :;,',':~\;:)':::Y:'i.:'/':,';:;Y:>- .,;" .- ,'- ".' ,
3. ....Ai>pi()yalofFiriaIMap31?{)6-.3, A residel1tialsubdivision by ]>ardee
. ijQWes, hjcatednomh2Qf g~riypnl:Iills i~padanq{ east of Railro,!d .
. . .CaIiyonRoadinth:eCQttqny.i~odGanyonSp~cificPlarl' . .
... .r;~e@~i~Ij~~?t~\:f~f;ii~f%':;di~::..rt"
~'-< i"
" "-.:....<,-'--,,,.
, . .'
RECOMMENDA nON:
.
Approve Final Map, and Allthorize
.... . '.:Dedicationsand Rec01'datiori.
,-, _,',', ., "-,':", "J-" ~ -"-. .. :-',,, ' -. '," -", ',' C", , -: ..,; -,- i,-' "', ",,-
,''':-y.'r",''<,-
5. Fee Deposit arid Reimbufsenient Agreement with EVMWDand
· , Cast1~ ~ieooke ~lb~ibilli:anch,I:;LC, c < .
'f:-' ',;-- :::,"',<',,:1::.,:_.-_"'--;:,..,' > "_'.
'-',':--.:',_.,',:-- ,".'/"'"
" ':-'.\'~"
'.....c' ,~,.:-[;;-::; ,
Page Four - CityCoun!:i1 Agenda- June 14, '2005
.c,",.,""'.:' " _': ,
:-".:. -..:.'..... .,....,.-.., ..
~,,:::.: -;,'i -..: :'_,:,' ..,'.. ',.,-~' ", .., ".... :.........: ':,> ',',. _..', '-.' <,,'__ _,'-',",:..;'..., "
RECOMMENDATION: 'Approveagreement~ith EVMWD',
and Castle & Co6keAlberhmRarl.ch; ,
, LLC."" '"
,_,.. ,'_\....:' """.': "..,c':', <.': ," _,' _"_':_":\':-'::__)'::;';:";-':-/:'::"';'''>:''?:_'' '" .,_:",~;::,<,:",_:":",,,,~,:::::>_,-,,:,;,:,:-_:-_,;:'_;._,,','_:_,:',,:: ,', ,::_:,:' .:,:>_",::,:.,:,,',;:,':_:",:<"
HTE; mc. Software llpgrilde:,Contracts forNaviline; QRep, DMS, '
Licensing, Training; ,and T~clinical Support " ' "
6.
RECOMMENDATION: '
Authorize City Managerio execute '
contract with HTE, Int and ' '
Supplemental Agreeinent for Naviline
Select, QRepa~d DMS software.
7. Federal Surplus Property Program.
RECOMMENDATION:
Authorize City Manager to sign
application and direct the City Clerk
to execute the document
. , --.. ......".........
8. Agreement with T.G.A.Development & Engineering, Inc:, to provide '
Plan Check Services to the Engineering Div'ision.
:','-'_f.- :~....: ," .,'" ,. . :':,..c.>:'.::.:,.:>'...':'..::'-",:..,'....., ,
, _.. ':.,c_.:..... .:.....:.,.. ~. _." -. ','::...:. .. -,.:,":, ':""'.:':,..'c':,..,: ,.'....::i':..., ..'.:' :'..-;::; , .. ........:._ -i. '
:-:' , ,,::,,-, " '" - ','.::"::''':>,''''''<':..'''';''',,:,,,,-,''..-,::'-:'::,,- .' ,:,_,
RECOMMENDATION: ,',', ApproveAg;.eein~ht withT,G.A.
" ,.' Development & Engineering Inc.. ,
. Authorize City Ma:qager to sign the
Contract.
9. Approval of Final M~p 30395, An Industrial Complex located west6f
Pasadena Street andnorthbfThird Street.
RECOMMENDATION: '
,
Approve Final Map, and Authorize'
Dedications and Recordation.
10. Request for No Parking on Grandville Avenue and Skylark Drive.
RECOMMENDATION:
Adopt Resolution Nd. 2005-48.
. - ..' '~ ". ". " .
fagll....Fiv~.,-City....C.ounci.l.Ag~Dd~;~June14i2005
1I. . "Illlpr~~el.p~nr~~imqursem:~*t A~eem~~t .-Parc~l Map 301in:
'RECOI\1NENDAnON:: '
.,. .
.. )1
, ., - .
;\uth91;i:;:~theMClyor t(r~xecute .the
Reimbul'~ementAgreeITIent with
Neai.i(f)a]i'CoqJQtation. .
-<. ,.
. ..,,:-.,.,
".;,'.",'.',' .'
....:,....,':"..,.
".12.
;lmproyement, Reimbufsement;\;md Ccioperation Agreement for
:..". ."..,:~-...- :--::'" .e,:,'_ ..',.-.._..;....:_-..::'..... " . "_"'::'.:.::;..,:'" :,".",,-,':,::"""'-""',""''':'.,''.'''':--'--.y..:.--..':.... -",' ",......:.:....,':./,_._' .',.".:';:-,'" .:", ':".:., ,.....,.,' . '.,
. Constnictionor:~'Hu!1c((V\T~Y':' Ston;n Draiii;. '.
.- ':, -/i;.(.-; .:."::'~-'-'~ .::->,:;:;'?~'\<;~:'~:'/~~\~
'RECON,Ii\:1ENBAn0N:., ,i; '.' Allth()rize iheMayor to,exec,ute 'the
, .' ' "..i.}mproy~ir1eIit, -Reimbursement, and
.', ",,', ',.. ..CooperationAgreement with .
: c '. .SkYKing;,Home.Depot U.S.A.
.' . ;''NPO;', MKJ - AdnoffInvestments
. "SPO'" and Davcon Development.
,Authorize City Managet to execute
., '/ any impl~menting.documents subject
. .. ....... 'to miliciI'. modifications.approved by
." . .theCity:A:ttomey.
".'"
13.
, "~. " .
~-"",.<..::-....,
Request forfillldingQfT~me;scalCanyQ.~ Orad'l'fight.
- ~ -
RECOM:r\1HIDAnON:" '. Authorize the use of$2,500 of
.' . unallocatedrevenues for sponsorship
','.. . Of the TemescalCanyon High School
:i;;c >/;L dnlM~'ighi.' .
:~::~. ",;;' .:;",.~.,' , . ,.:-." ,-
',-",.' ",. '. '. i '''.--T-,;;':'-l';::;;",,,:
. '- . -;,.\"..."., -/,',.
PUBLI<::!HE1\:RING .. ;.i::~>:
2L
-,....,.....' '-,:..,
..... ".' '\ ~\-," "'-":~;L'~"'>~~;-;:;\-~'~"':'::'" .." ,'cO:;' :.
, . AR~~61uti~nof;the :<;:irY"C~l1.ncil of,the qty.ofI;ai<;e HIsinore to
. · Vacate aPortibn'of3~~ StteeitEastof COliier. A Y,enue f6rthe .
. C0l1stru~tionof:aWat~rm;4,'S~\VerPti~pStaho~" . . .
, .. .--~
RECOMMENDATIQN, .,_,:CityC~un~iLab~ndonthe vacation
,...\" ':"", .-"-i. "'..' .., '-' ..:.... "'do. .". -
. '. . . 'IJTocee: mgs.
,,"-"
'''-, ,
, .
.,
. .
Page Six - City Council Agelldlf-,., June 14,2QQ5 .
..' -
BUSINESS ITEMS
3 I. . 2005 July 4th Celebration. '.
RECOMMENDATION:
'!;""
ApprovetheAgr~emerit with.Pyro
Spectaculars in the amount of
$20,000/
. . .
32. Resolution ofIntentiontoestablish COnUUl1I1ityFacllities District No.
2005-5 (Villages at WassonCanyon);
RECOMMENDATION:
... .. ,
. ., . .
- ,- . .
33. Potential SiteforBoys'3l)d'OiFlsClub.>
RECOMMENDATION:'
. City Cquri'cil:identifiesthe5A Acre
City"oWhed:patfe1.astheprimary site'
for theB9yscand Girls Club fgciliry. .
.
34. Personnel Recl1liting.arl4Re9rganizatiol1:
RECOMMENDATION: .
,- '",
'Establ;sIia'~Ubcorill1llitee to work'
. with the recruiter:I)irectStaffto
prepare a revisedjobdescription for
the City CIerkposition. Discuss
salary range and benefits. Direct staff
to prepare'a.resoltition for Council
considetati<mdetliilinga
compensatiorp~ckage.at the' June
28th City COtinci!iMeeting.
. .
. . , - .
PUBLIC COMMENTS -NON,:.A~ENDIZED ITEMS'..., 3 MINUTES
. tPle~se~ead~c;~niBfefe a Spe~keF'~forin atthe Podium, PJior 'to the Start
. of the City,.Co.linc;i),Meetingf' . < .... . .. ..
".,
.._ I no: \
''''')
, , { ~: -;'~ ,~ { ~ : , ,; , , ' , {;' ; ;' : :
':;f_'::_' :::,:L;' ;,':'-, .
. .' 'WHEREAS;tl\e~ity:'.(}iLakeElsinorehas~ally,Iieeiised'
p"'mateurRadio OperatOrs wh? havy;,tlei:rH:~~~tF~tedit~eirvalue. inpllblic~sistance '.
'!>y providing Emergency Radio Com'ij!i!hi~~tiori~; 'arid ,
'.,' . .,.,' ,.WHEllEAS,t~~~~:~~;tir~~ioo~er~ti9n;~~n?~~tli~ir'
serVices fie~. o( charge to theCqnimtJ#~~~\ih\tl\'r i11t~rest9f,,~heCi~.i,iF;ns':ot; the.,
Comtnuility~ !is well as the world;',arr<:fi,':';,':,.Yi >'" " , "",""',
.h'. ii,!","", 10C!i&~:t~~"~'~f~~~~~:~:b~.
. ,duor)gth'e AmerIcan RadIO Relay :4fl~~~1 ,~p~W; 'r:1l\tIRn~l~efl~ltfP:l,tYi,ex~tc,~e; ,f,
'..and ;. , . . '"i;,-:'!'., ' ", . "
~ , ','- '~ ':, : , ; ',,' ','; :, , " " ~ ' "
: '._, _-', ;'~' ir; ,'f l it l r:,'/;'{t':(i ::r{{(( (rl{ri\'f~';::':;- ;';,' ,'!' i,',: ,"{:; (:',;': i :,'-:~:;,' i {i :-',;t i{(;{,.-:'t-;,:.-" ii,';:,/t
" ' '" WHEREAS, tliis;ye;:itl$\l-\,iri~teur Radio Fidel ;Day' \\111 take,
: "plac,e' on Jtirie . 25~ a~d26th,' 200S;' condll~t~~ \lp\ouJ\ mlea, by th~Goid~n T:~an'gi~.
Am~teiirRadioClub, ","',' " . '. .' . .,. ....
. . . '. ,'i;<,'~: '/'H' ... i" ......... ........ '.
..... ...... NOW,THeKEJiJ!:P,,1!;THE~AY()RAl':{D(:1rr. '.
. COUNCIL of the City of Lake{EJsin!?t.~;,th)s ],4.thid~y6fJ'W1ei200$,dolie'ieby .
declare the ~eek of June i9th,ihrouglUhe;26th:-i\sAlhat~tiiRadio w~~kin:the City.
ofLak~Elsi~ore; And, do herel:lyrec9gni~ethe'imp<?rtant~'ofetiieFgenCy: .
preparedness exercises .and as~ thatllll i citl,zeris .ofLake' Elsih'oreacf.nowledge and;
honor the, Amateur Radio Operato~s~foi.1rC01TI'nmiliiy..'
_ ACENDA ITEM NO.
t nO:
ACENDA ITEM NO.
PAGE \ OF \
I:
I
,
,-
,
-I
,.
i"
,-
I
I
I.
I'
"
I'
\:
.....;. . .. WHEREAS;.tlie Intemiltiqnal Club \VilS e~iaiili~ii~\fi~iM~Y; .....
..~~~:~Y~;d,""Of:;:::;:~~~gm~:;,~:~:i~r,~~~~~!'
'''$.>4'!1" oflb< C,ty of Uk, !i\l'"~~ ""d '''"'''''''''''' "">\11l1_I\})_l\I~il?1\>>
,fijriililitlentals of the Ertglish'langi,lageto!lielp. improve,tlll; '€ju~htN!~X"i;;;.i::);I; ;!!;l.'::, '.',"
:;~~:j"'iM ,"d::'::;:;~::HE#~;~II~!iiii!!!:i:'S\::i'
! :}SlJ,1fflX9f, lof the City; ofLakt1 'E1~Inp~~., thl~ '14th;,daY,~H"M\~,~S'J;~I~~~~,r~ i i) \'; ;,i; i.
.l~~~?~rp~~, !;h,e!ntem.atIonal CII1?,f?~ ,~~e~r effort~.II1~~~~W.wlR\"q\l\'~n&J~n\wnm~' \;'
,!;cl,t\~eflS'In: thw,deSIre and .<!etennmat.lon ~o learn; thelI\ng,(is~ 1(~~~~g~:lln~,~ : (ClL,! ,"
';Iherebyappiaudotheir efforts ahdcontribution to tI1eCo/i:i.tiIiliiitM;i(!!:!';!!'!ii:;;i!;i'i";".'
'."i.' ... ..... . . ..... ..... ..... ;,;h"; !';"!U:'.\,!:'/::',',:il,>,i;
, "" ,. ,; . ; ; : .- " :;" .. ,'J ..::; ~ lj ~ ; , : ) :; \ \ i , : ;
".' \ ,) '::i ! I),: , ~.: :1;1 ~ \~:;;~)~,~; ';1 " \ .
;. '.
,,:"
.
, . ~ , '."- \
")
_ ACeNDA ITEM NO.
_a__1'" I of_ -
ACENDA ITEM NO.
nl\r.C
I
,
I
I
I,
"
,
"
I,
'I
,I
:1
"
I,
"
i ~
'i
I'
OF
-
1"Hl~C
-
AGENDA ITEM NO.
PAGE \
I
,
I
i
'I
I
I;
':
,.
ii
I'
I.
I
I:
I'
Ii
!
OF
AGENDA ITEM NO.
PAGE I OF
\:;5q,,"~"'.'."""'~"'.'..."'~."..""'<~"""'" ":~'.'.',d~..'".;,.,,(,';),,\,.;,..:,,
, , 'l " j ,. . " - , ,i . . , - . , , ; ) . 1 ~, ,;, - ':
'""',;",',",;~,',,,.,',..,;:. u," r" ,~. _ ,: ,,' , _' _", ,';:,' _ . ,,' , " _ : .' . '; , - , ,; i'
. _' . .' '. ,r " : _ .. , I, ,;. '.'". _ , . . ' . ; __ -' _ ; .' , ' _.. ,,. ~ ..- : . ;' : { r , .
".' " . " ....~_',.> ._-,..:,;-_o'<__-",1__>.,:,\'_'..,,:o:,-~\;.;,;,,~ .;:..~"_'.",. .' --, ;'p "
'il{; _", , .' ,,};. . '-r-' :;': "
i\...i:\:!i~;!'i)!\I!!,',... . ~(ER:Ti~lt€k Ti;;...'....i:,.,i!:\i~:' ...,.
,;: :',> ;;\, :::{::; '"" ," :' ,,'~: <>?':;,i":,, ;',:, , " ',/"":\ t:,\~U:;~,<:>'<:
"I,,' ,," ',' 'Ofi)A'~~IVBr '~'~~' "1iJ~~'~'II""''''
:' ,\\I\\'~r,,'l\""\\'\~ I'," I" Ii , "1', ,':' 'I' Pi 1\ ~ "\"l:t \\\ \\1 <' l~' " "J \\\\\\\\1,:)\\ ,\:~ "
. . ,d,;1 t> ,,,'. ." , ," ,I I" ; "" 1\ ", ,,) ,f,1 ,!'llll'
, ~'- ,l ";' i\' !d, d ""I ,', ." " ,,'l" .j ,I.:. 1 ,,\' I'" j .." ~>,{ \t.\,:~{, ",: ,.
\;.>f ,;"",;,;!)., :', :'.'.: ': :';; ,li; ;',::,'~; . ,;,,:; ; .':.'\ ':.;;''':;.'\')\;;1 \i' :\):;,'
j. ,V.l\" \"/,1 ,,,.d \ "I " '''. <' " .. -\I \ 1" \ t" ,:.,\\.11\.' t.,
." "-'ll' " J" \ .", ' ~rFO ' 1 "l' ," \ ',,'''\ ,I . ,,,
,JI'JI;!'!;;! 1 ! ,ll,: I ,; " ",,'i.1 :1',:' I ;1" ' , /j)}'(; , ,LI: " ' !
l.I,: .\.,:\\,~.'~',:, ',". ,,~, \ " ll~,\ ,;,> ,~ ',' ",.", '~'" \d;~l;~,:,j! . ';d" /1'
1,;. ' j pl:.;,;; f . I ;'/ ' 1 I l' 'i " J.;,':"" , 1 I~ " I ; \ , I .l};: l(': ,\.. \ I ,'1: \ i. t,
',.Lfl,>,fl{\f, ;::1; '"i ' ':! '.1, " :11:"". "I ',d, /) " ' i./> ":.'I/,! lU"! " '/ ,,"': .1 "
\ ' , 1 ' \ < , 1) 1 ",' , ' " " ' ,,\. . . . , , ,~, , \ 1 . ' ~ . > < I < , \' , , . ' , " \" \ t \ I \ 'I' ',' \ i ' \ ' ; , ,
'\'i )('(ft::~;:ti! ";( }jt'",e.r.ivalfiJ!)<<~~(jfti1Jo.~ti\#~f)(l::i::' Iii': ':(i:i!!!)ii,,;':,,:-
',':1 '1~;'l;':l;"}j 1;1 . j;" 1 """,': ";IJ;;'II ,}J", ;,U ;1'/':;:: Jl ."'J j"li' J' '1t'"lq:ptlJi 1":!\
:: ,,<.~\;:\\\.~\l,:. L, " \' I .: , ,I '~',~\'/{;'.I; I " ',,' i,l' ('I .,' ,I 1.:\\,~,I~,r!\qII,~~: ,;";"
'.' f' it/,)l/I' ,I) ;'ll/i"} f I"~ I' I "" j l!j ',1,,' J}', '}d,: I " ';" .' J 'f'l!t,ld;JII';lj;':;!~J' ,';
, ' , if I ' , 1 \ \ ' I ., , ' , ' ; , ',,' I ' , ' : I '\ J "' , \ ' ' : ' " , :, . ) ',' I " 'I ~ < ; . , ' , f ,', . i 1 i ; . ,;, '
ll,Ll'll\ 1"1'",')\'1,:,'1''' \' ,; ~m' ~\ \~,,:,~ ~'l\l' ~"ffi' ,',; ,\,\\~ ,',\',\\\'\Hl\i i\,\,,\', ,\\\,,' ~
I ,''',,Ii 'I I ,e,'!, "lHon '8~ ifiWfti 'Vli.. . 'l l I ." ""(11' . .. "
i",I'1 i\r".:/;"\',,\lt:.,lf,"'!1 r f I.' ,r "{ I Jf!~U., Ui'f(' ~'il ,II, J,"!"ft,I:J oiL;'.),'j . ,,11; fJj,l,ll'
, '" ' i i \, \ I.,. , . < , \' '\ ,,' '\' II \l . lI',,: \'. > \" " < ," ,,, I '( 1 '\ \" .' \ ~ I , .( I ,'\ .' \l .
l j', 'l,li'lllj: ';1~11.,! I \' '\ ',' ,:' I\"idtj'. "j~ \:\'" ',\ ' 1'1> ''''''~I\:''')I'!\' I\'i,q'; \,' '"
,,\::";e::;\h;;' ;\'bri1!:.tii1f;:::;'~ri~~'ri,ii~ii ';,'iiii11'~;I{~I,\;;ii lh,~.'i;'l;' i~T~i~\i/!i,~{ii! I!(;(((;;I((O;I;(: I';:
.'~I' "f" :i!;)Jl]:J:,!f' "QE!U:l)'fOU; !(fJ}J,). 1 '$I; lil.i..li1L11t7I~iWi!fL '1';~,~!11;11 ;ii;"}('("
,'( ";,:i:'.l,..'Q:l\H,I:,l""" ,,. ,~.. ':,' ~"','i\~\1qWi; !.'t,\' i \OO~ ~r."'~",;;"'(l,~'\', :,\"l:\\\~t;\ '\':jj,:I\~:,i'!~ 'I.' ;'"
'. 'I'" l' \ " '1 l l' \ 9'1 \' ,., " '" ' \' \ \, , . .
';!::i,jl:;!!li/:il!;::} I l' .' i, ;,',':: ",I,J' "}'!;I: I 1 jj~;, i}~:l;J,' .:'",:,~';,; ~/ ffJ!:t(J,} ,1}i'llJjl:;I', ,;!: ,:..:
'~\\"")"I'I',\:,'\\' "'1'1\' \ 'j"f&E'\>" \ ",,'II 'm;' \'\~'!,', ,,\I",\l~>~'\\\~' \\~\'\\~""'\\;m\"11!l'"'':\I1r''\itii'''\M''' ~;'''\'\ \\'1\"\\1\'.'" '.';, ",'..'
"""'}' '.J "'i' !1i11A , '<OjJi'C' 'nDV" " '1 " ' , ' 'I"" ". '
..:{';/ "I:,!I,U:l ,t(~~1 I "'.LV..#~: ~.4!A~1 11, ' ! ,I f}. 1- ( I tfll.i,! l('"', ".11:- '
'll'ii::}:'~;;);:;I:;jli;l:J}; ',j;: :~JI!~'~.~~"11\~'il1if \'ni~j1 '~', ,j~j~).~'~\;~Y)Y;j~\;;n/,,\I~))I'~:,~ii." ", :,:~'"
" '''''!\\'' ,. '''\1' \\' j. l".I.\E)lr:~-.!iDI1i I {!JLStl.U~ ~~'J.1J''C./..I'" ','" I (I, 1"/' ". ; 'li '
d.' ~ ':<:~Y.iJ)I"i;i'!j:"'~Ji',~~ i;' "I! )1'10)' ;'.!a! tlf.l.~11111 'UI'~\irMJ\\l\i') ,~:illl:":lJm"'17\'?i\ ~'" :l~I;')\!"'~\\\,;;'dY }'.f) , ,\'.', '
;,i',~'!1!'i'\{:' '1',1 "j,l. iL!ltn'fT:,iFf",fNI1 '(Tfi 1 ,I~I riJ4IJ.:\,/~n,~. "H"fJ,nf~I,;\':ff [,('ffl/(d;l; ,.It' ::/1
" .,.;' \", .... ,H" \, I,I} ~,_",D'GV. 1'.6.\1 ,v;.. ,~ ~ 1 J'tt(". J\,&i (f.J., .l'\'j "JII "'\l'~ ,ll'
j!:' ,), q,j'Jl~ II /, J;I' ;Pf I'll' ,\,,; I') 'Ii )1' )/l:.!, "'lll!'" <',( ,,;;. !1 'Ill t ,q;ljj' 'I'l.. \'1'1 i.'lllt:, :
q!'I,,(,l,.IJi' ;: {';::",Ij , " ' 'f . " ' . 1 ,j', :,1 ::,jl:,',II:;, II; f',. :,/lt'I,,'!,1"f..,21;/ 1//' JI(':I/': ' .'
\;"','>1. .,I'\i \\\,\" \' \;\" " I'" ''I "'II.\"')"~~ ,I \ ','"" \ 1'\ ,\', ,"~"\',',.\\\ '\\~, ,'i\\ i\,'\'. " :.
1'!!\ O,l:i}/l;;)jI:"n}II,);,l, :: >.:J' ", ,) ',\;,jP J; ,;'f ,',;,1), ': ' :",'\'f: \IJ;;qlll";"I'ii:(:l)llli~lIr:J' )
I" . \ 1,,1"'\' ,,,' , ' ;, " ,,,,,,' ,/ ,< "I l' 'j',,',. I I," '1" '>'f'; I
,Ii .,~ ~\\Y'\J~il:e',J4\aQ051\" \" , 1\ <, ..\, \',', ,,\',~',.\1,' :.\' .1, "\"""'.'t",,,'.\.'t\~~' \ ,\.\\-: t\', ',,' ~I",:
,i.. I I "I' 11 I. ., ,I ( ~ ;' , . l i ' . " ) ,', ' , " 1 I] " " " I. ' .' l "1 { ;,}" , j " 'I ' . ' J ! j J; ,/1;' J J(l j l,t' f f ; ! ;:: : ~ t , '
,'(; I "1"\\ ,\:'/:,':\\'\\,'l": ';,\ ",,' "",1,,,:\\ l~S\I\\\\",\\ '\ , '::',;~,~:::,\::, ",\\"'.~"~\:;!\i,;~,\/l,~.'\';' ;,',,::\
,,' 1', ,,", 'nn:.,' ,II :, ",1.., .'," !'I' ,,' ',! .j: '1' 'f :;[, "'i" ,> ';1
,r' ,', 1 ,;~, \\',~ ,," "j' '\, .,' ", "; " ~,~" \\'1;,r,\~\(;.> \\ ," I \ /1' ,
~' ,< ,q ~ I "',1 " "~'" : ( ,,', " ill, ., 1"\' '\'<\ t,
:" . '\'1; it;: ,: ri"', J 'f .1 ,t,':.'( II ::, .'/:".', (lii'J, 'il'JI'li'lf'l;!/.,{" :1'
" ','i " \ \,' ~ i. '" , \. "\' " " " \ {",: ,: ,'" '\ ,{ '\1' I \~ I; l ( I" I' "': I'
, j d ,)1 . l' '\ ,\',;,. \: ' 'jl' ,"', ~"", \,', , \p' '\" "~I';' " , '
,; 'f , II . ,1 , ' " 1 ' ',' I, " , ':. I : t I ' " I I, I ; , J , ~ j , . . _ '; , i " ". J I "r " : I' l
',,, ,\<. . H, 'hh'!';'" '1<' ,1",\ \ ,; ,1 " ';";.q:"'t{", 'i'r.:f", I":'
. ~ '\. ." ' '. \" \i \, \ ,<" ,I \ \ 1 r .,' , ' I'~ ,\.. \,'" I'" \,," '- \ t \ 1, . .
:.,1: i : 'I'. '1[1'\ ~", 'jl',I,:;" ,J', "'t:"',~lt"" "1 j~!,'J!'II'!~: i, : ' . '
,.( ," lf1, I', ,f ,', >, ',' ';'\' ,j, If,ll. '\ ,JI( '/11
.\\', ' ,J ~~,,,. 1\'," ..' .\~,.\ """l ",\, \,\',\~~~'~\~lt,! J'\~l,h ,,\I'd'
, i J I ' ' , i' ,., .,,' J ," J' "1",' I , ' 11 ' I \ ,,1 ), l(: ~, '
li@["i!!ni) ;ii!ii:;;;,\:i';'ii:'::'illi)i)\ ,~!)!)\;;!. ' .:Y\\;i(;\!~1 ;)%:\;i!I.\j))\\i.)).',i~.;,)',i,
i'" ,. ,',,"'.:, "~. DR',t" .",.. . ,,' 'OR' 'I' '.<'" ,.,
)\ll\l~ . "'!";?"'i; ;l\,\\~\\ijl\\\\~~;i'!,i'i(l\l~~~iil\~!\i!JI~;:;~:
\.'c,tI1L'\i.\\\I.C .~;..1i.\~!\l.;L,<5,~,\ ,d'\,\ i~;.t'l
;:
I
I
II
II
!,
I:
,
I,
I'
i:
,
"
'I
II
"
\,
11
I,
I!
II
1\
II
,
,..;
~, '1.#~
'.~ r: H/ . .....,H
: " , .. ,~.~ ' ; ,:;
.~.....
'-' ,- -.' ,
- ,- ,
.......~....;:.'.
, . ;
. , .
. .
)J{::i
.;., '. .'-
, ~ " '- , ~ ~. '. . ; i',
.::~."",.,,',;:.""':i:C':'d1.E: 11.'," "Ll1'~""I'I,);~:i;:\\~.'::','[E;'E
.',', i' '. " ", 1 \', \ ".":,,.' , ' co,,, ',','
. , ' c' . ' -;~; }
l" . " '- _ ~" !"~ ". i.'
'~fn!
" "fi_,'
; ~ '
'." of:
, : ~ ' I \ .; , , ' \: " " \', ,
",'/','!;j:"i;;(;W,'.'.', '!,','-'_ ,::.:.';.',~"r~ '!j: "
$O.,.,,,.,'i:' ,,;.: "",
: ~, ,:, \ ~ \ ; ':. i ~ J .' .,";:;.; ~ . , , . .
.) " ~ I,) .', \' , 1 \. ' ,T t . , ' '" ,
" ,,,., ",\ IDl'';'" 'D" t..:", "''''l''~' ~I:G d ' .." "'"
,,:: ::Ci: :.'~A{,~,n,(Jtr~ 1~::"~ \'~~~~~U 'J,;,:(JJ,(= ,0 L. \":,IU,' :<\'~\;{1
" ''':) 1 ,,\:: j'JJl " " l' ',,;,;:;: ;:,l in,,; < : il:";\!,' 1;i
, . >" '~'/ \,,~.,',1' ' . ' , , ,,(~\' ,\ ,t;;~', '; t, . )1 1 . 'j::: .,;,
1, ,) , 'I, ' i/'; I j ; ; .,' "~, " ;,,;' L l!.!' ',. . , .' . '. \ I; \ ~" J "
.', ,[> f . f \ t j " ,', " '.', ,I ~ ;' , .' . i' j'-.. . I, ,;' ,-
, ,\ ",' !' \\;;:\,,1\", J, ~F" \,"~; '.~'\n:',; ~~'\ . ,j , \\t\~\',!, ~"','
}';:;;;il';I.{iii\!i,;'ii, '.;' ''l.n. r.e(iogni'f.~(!1'l;'l"Or: ,'.} ":"1;;,'11(:1'"'' 'i
'(\"~'li\'\\"\'l\ \~,.\\\l", " 1"", ,1" " <\,.I'~\.l\l\\\~\~ ':. , '\1' , '.li',.,~l\ ;:,:1\;., 'i
" ,!.' '., 'l""'i;i;,':jjt:::;;;il" ,i... ';;, ,,"L" , ::1' .J';,,;,;;,}::,,:]'. " '" ;. . ;h,I;:'jj'i..d:~ l.
..' ' ;i . "'!ftilB.:!,&'d(jjNsaMJV(; ),f$IbYJt14)itiriiJIPA,TING ;)\\\~\\\,,:: IJ))'
"'~':L,~f\\'l),:\". {f{{l\l::" " ",:'.' ;1i:\'j\I'lm:,\.,t\'\~\"I\:'{I", " , .. 'I" ~\(fr ,\:I\\.J
, "~I ':';1' I' Ji""j,;')" ;:', '. ," ''11\T, ~ Ill;:";" " ''', : : '. , . ':, ".'PI.)!\:\}';
';'; ,,", }H.',,(lf{lqni:d\\Y I~I " I;(:l{f~( ru\1" \1; , 'I', ' i ,I Ilii;':1/ it';{lr (i
"; " ;)'ii(!f!)J,f,illEii!.ESIN,(J)!lie,'s;;Cj' i' IM.Nr/f/r~iiil7J.'WJ1)iJ;:''': ',1{,';)))));;\\:):):
'I' ~ '.'': IY~ ;\Jff"\<~\i~'l"ll' . \~ ,,\~, ')1J,j"1' .(ll!\"'" \~hr\, ' ,~, , ' '\~,l "l}i \l'\J\I\\<h~"l~'
;i:', ':, ,.,!i',f;,,1:.';,;:;( 'lr.:lIl'r,lD:'t"t'Ii", 11~;w.f1 'iVlt,:t',I{!'E: . :,. ..!: ii','};" ';:Jiil'f"
.., ~ l' " . "', &'1f'.lU'ift_.I1'tIbl 'f1~\:Jt -,.\.Y,:.li\i...\., "". d 1 "'~" '\'"
..: ,,1\ J d;J',")i.J~I' ";J\'\:' ^ """"', ~'J\'l;l;j}...JjJ \ ~;:\h;'-li \!<:, 11 ':: ;>l):\h;'l'>r~ i~'
:<~':', "~ ;': .!.t\'({[\~.nrg!lj/DiMOifltillfA.(f;;'ir,f};" \/{J(ll ;1/!2005" ';.':' '/ (: .,J.{!I{{t1,':,::{I':
, >:{): ~>~~\'.~:}~'fi~~!.l~((l: JJ, ,,~:l/ <';'1,'j:!:.. ,."~.:~,F( ::,:~,..:lj\W!((i(i!,,'{i;'(!::m::i'!'.:" ,',i:" .'::::liiiill!;liiii);!i.:ef,.'
:\;j' I L. ,j1iPil)l}jll Jd,'",~, ";;ll\'.!iJjlj!';l;'.\:,;L~'.~' _~:,\,:"".:: :)il)\'J:.l:\!'.lj~'\'I~l
.' 'J:;";\~i'~ijb~I(\{',:;(''': ..' ';/';!i:1i!(U/I{iU;i' !i'f':i,;iii(,!i!il:'c'ii:
'.' 'T" & Ii iii i \ i i %ir,;;f': 'li, .,' :. ..';i: ;jl} :;1\11: l;~\ii;: iii',..., '. ":, ,:' ,ij',' 1:\ il \il1 ~'Iij\! j I:~
, , ~ . 0 ; ; , , ' . ' l' ,_",., \ ; , 1 ; t . !, ,- ,\ \ \ " " \, ,', , ,,\. 'I' ". \ \' \\1. ;
rJ: {, .'.' ~:: ~'({~U .:':'~ ',' e )::1:' i" ; >:~ ~,: > ~: ~,~~,,~.\a;.\ ;:,':{ ((i !,l{!\\ ,J i .',
. " ~,:-. ., p )!' 'I ::, I, " I' ,,) lJ ll!. i h ~.
," ,_ ',i",' J.. .,' ,J r , ':, .r'fl, ,t I"'
"\'" '...,' , 'I' r ," 1" i \1 ,"
" I" 1~) 'L j\' t~'. ". ""', ",'.;" \" " ,. \' ,
'({f NNr i;;'NN!il_i' ii; ." -,;;;'{:',\i:;,<:,>\,;!~};;i.J;;
. 'rr; "M' 'EE'MAY~R'\C:'\i""!"\\''''::'
c;,:
:,
. ". ;" d~
,
1:-'
"
.'
I
Ii
"
"
"
'I
:i
"
II
"
,
il
:;
j;
;\'
~ '. - .
-,;I,ci
, '\ ':, '\} jl!~! il {
,.,j;.
}"
ACENDA t'TEM NO._
. ~e
~
nl\~C
OF
ACENDA ITEM NO.----LL
,../r'
ACENDA ITEM NO.
".........-~ L__ ~c 1..___
,,'. :,' if;' . :'.
l~~~/;C?~
'e?U?,-_'..:',:-.W,::::,'/(("-~-;"-
, . , " '.; -', -,", ,-';' - - "~ . , " " _, I'
~ ' "
. '-. .
".'~"";",:,,,:
. .' . ..
.' - "
'<,;,
,-f1:'{
- :.;
",'J) _.
"
,_ ,V~.
cERJtlEICA TE.
, ,:',€Jl{~f}ii:ii~'Biiii
.'} 1 .;:: f.~ - ';. , ; j; , i : r:' . , ~, ", h
i,'";',, :;",i,I':<; /';', " '
I' ',.,".:);:;'!i;/;\ii~~~i;i(~;;,:,:; :e"..:!,:
,:,:,JX!l(c;q.(~.\i~~1g!{t~1Yp!J",. ;; :',," .
; ;' . . t ' ~ ; / . .- ; .. ( i ! ! ;' i, ; f { i ! i l : ! ;' ; ;' I! i' ! i ;: { [,' : i ! .' ; .' .' . " ':.' "I i ! - ,;; ,'.', ; :' i . ,: ; ) ,; i ; . i i .
. ..' 1::;\tten~'~<<ifii~W<<t~~t~;S~~f ", ,'Iii"".: 'f:',:'! :.'
. .",;' :\\)::\,\;.";;:;.:.",.1 'j", :':;::(\\i\i~i~~ill~~~i~);~;:'. :;.' . ':\::;i\iii,\:\.).:!(i~\\;i';-" "~I;'"~
:; .,1::\: ,I: l < 1", ,', ,'/j(i({\qldnmf!\J'r~fHfi~\:,~[k{1:!;\:!, '. : ,} '!, I 1j" ,". ,
j;" ) , 1 ~', l \ , . ) l ,,' \ I 'l \ 'I ,\ ~ \ i < \;' \. (i 1 i,,"\ \ - " h " , 1>,
"; ',' "I ":'( ;,' )~;:." ii!,!,JJ, '1~)f~/'; I':; Jllfd;;.:.:};;'fJ!'" ii,'! 'I,.; 'ir', I } ",fi'!'.t"'II;j .
'4\' ,,",jl' \\~I;ll\~! ,\ III ~ljrtJ;i~lIW \Utln~' ~f;){W.iI~\~\I \I,~~\, \\~~\\ 'j t '\';'~l\~ ;;1
',',:;'-,', ; ""i;I'({;'!:."':"~!' M!m~if';{J"t1j':'~I'I" I"" '~' 1f.'1~' "'t!;I'ff'!~(,'tff'~"I,I'" I:: .'." fi; "" ::.}.I;, "(;;.
'\ ,'~ J ';'1 \"I\;i';A1~. .! ,\ fA' I :~ti)tr:L",\T1\\T. ,;,' ",\/"'P,, \ \':'.\\'~~;
"f' ',jJ 1 ,.," ;',1'1 1 1. J ~t I ,1 11lilJ{)"J;U''J..:j;'"f!';l'I'' '11 "J" '!!llj, "l'f
,; l I "l' 1 I f;,\ 1 1, q t;. 1.(1 , II ; '))J)' I :,t: :~' "l( ("'<,"F' j , ,',:' ";"! !', f' '; ''-i, ' :
'l ' ''''''\''''''1 ., W"" ,,,1,, t 1 ,. < I'"~ \ ';
: ',.,: 'ld 1;. I ;1/',JJII;.';l:"; ;,! ,.1: I] .,1:' '1"11 j , , j, ,J', ')",~j,: I', : lj'!;\lU;, .
", , J",', \l'l '. I ','"" " ' " :
\',\'" ;.\\', ;';,',1.\j\';\;\>,\\\.\,,\, lJ.\rm"u'\\\l{#1 '\'\-\'\ 1\ , lil'_t\. l~~Vf:~~\l-~,,~\i,',j,.,\q: .j\; \.:l.":1.\;:"t-,;P,~_ii;'
1;;' ;:-'U'/tiUiU!lU{r:\!>;--i/(lJW{!~rf{~'? ,Jj.(f. I J l! ~\~fl,fl!~l.rr;:;; ;!fi. '~'-<'I:"':.'(f,!,~h{'_::!':/f:'};'-'
,..,.j,'Ii'"',, ".'''''''';\ii'''''''''~lil~a '~J" , '.' :;pi'''''!;';''; C, .\ ',; "" ',,\\",',,\. ;",'
":~;',;,'i~!~:i'.:: Y:',':::;:" : (. ':'i:d'i;::::i;::<f;,:';:ii'!; ,'. ., ':::;';,i!!:!i;i;::",:
._,\~"\,,,\, n~\'~;'q" -, -,' ,>,' !) ',",','.'..,,: 1\' ";;;i.' "d"" ,',.! L
, " 1, I' \\--.:\~,,',:,._:,,-, f,.1 . _,' " '..\_.;;~,,:,',,'."~"\'~":;~'~' ," ..,
',i;~;'.' "J _ ;if/h,:;;i t"ii",.,'i,';:l .-,<.-, r".';"__-).;;~ ,in'":~,i:
j _\.' \'\,~{ _ ,,' 'd, :1.11';\ "\'
:ii!;\,;'.:' ";'::.,,,
'" {,:,;)N\
':;;
,: ,',
, I' ,': 'l~ {~\": ,:,~:',~ \ (\ \ \;
E;'MA~PK,,,:, "
'::' i!.:",)~~I;:':,();;;'::~
,':" , ',', ",
. . , ' , . . "
0:';,:
in
,:"
',1"
{i
OF
n
MINUTES
JOINT CITYCOUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE-
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
- TUESDAY, MAY 10, 2005 -
*************************************************************
CALL TO ORDER
Mayor Magee called the Joint Study Session to order at 4:00 p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY,
SCHIFFNER, MAGEE
(\ ABSENT:
(\
COUNCILMEMBERS: BUCKLEY
(Councilman Buckley arrived at 4:12 p.m.)
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Services Director Sapp,
Lake & Aquatic Resources Director Kilroy, Information/Communications
Manager Dennis, Recreation/Tourism Manager Fazzio, Parks & Open Space
Manager Fazzio, Building & Safety Manager Chipman, City Engineer
Manager Seumalo, City Treasurer Weber, and Deputy City Clerk Ray.
DISCUSSION ITEMS
Mayor Magee gave an overview of the presentations;- and confirmed that the
awardees would be present at the 7:00 p.m. meeting.
PUBLIC COMMENTS
Mayor Magee indicated that there was a request to speak on aClosed Session Item.
He deferred to City Attorney Leibold. City Attorney Leibold explained that Mr.
Agenda Item No..\A
Page~Of\t..\
PAGE TWO STUDY SESSION MINUTES-MAY 10, 2005
u
Larry Hathorn was listed as a negotiating party on the Agency Agenda; and
requested to make a publiccommentto the Agency Board.
Redevelopment Agency Chairman Hickman gave Mr. Hathorn the opportunity to
speak at that time. Mayor Magee invited Mr. Hathorn to the podium for his
comments.
Mr. Hathorn thanked Mayor Magee and gave an overview of the documents that
would be presented in Closed Session. He gave some background information: ,
about himself. He noted that the City was aware that affordable housing was
needed.
Mayor Pro Tern Schiffner questioned if the proposal had been submitted to staff.
Mr. Hathorn noted letters dated March 2004 and May 2005 that were submitted to
the Agency and to the City.
u
CONSENT CALENDAR
I. Minutes.
BiII Tiitto, Lake Elsinore, commented on item lb. He questioned if there was
anything questionable about the audit after the Council had completed their
review; and if so did Council request that those individuals pay back money to
the City. Mayor Magee explained that he and Councilman Buckley had written
a report; and there were some irregularities in the way that things had been
handled due to the lack of written policies. He indicated that new policies were
in the process of being written. He also indicated that Council would not be
requesting a repayment .from individuals.
2. Warrant.List ~ April 28, 2005.
Councilman Hickman requested clarification of various checks issued on the
warrant list. Staff clarified the items.
u
Agenda Item No. \ t5\
Page~Of~
n
PAGE THREE STUDY SESSION MINUTES- MAY 10,2005
(""\
n
3. Investment Report - March, 2005.
No comments.
4. Claim against the City - Wayne Romanski, Sr. & Serrie Lynn Romanski
(CL#2005c15).
No comri1ents.'
5. Award of Contract - LED Traffic Signal Modules - WestemPacific Signal-
$43,133.
Councilman Hickman indicated that there'were different quantities for the red
and green lights; and the numbers varied drastically: Public Works Manager
Payne explained that it was based on actual inventofY,. .
Mayor Pro Tern Schiffuer questioned if Item 5 and Item 6 would take care of
complete installation. Public Works Manager Payne indicated it did; and
recommended that Council approve both projects. Councilman Hickman
questioned the duration during 'a power outage.' Mr. Payne indiCated that it .
would operate for 24 hours.
6. A ward of Contract - Battery Back~up System for Traffic Signals - Steiny &
Company - $73,065. .
No comments.
'i
7. Fee Deposit and Reimbursement Agreement with Castle & Cooke Alberhill
Ranch, LLC. 'i.
No comments.
8. Fee Deposit and ,Reimbursement Agreement with Elsinore LakeviewVillas.' .
"
. Agenda Item No. \ -A
. !
Page~OfR
PAGE FOUR STUDY SESSION MINUTES - MAY 10, 2005
u
No comments.
9. Fee Deposit and Reimbursement Agreement with Wasson Canyon Investments.
No comments.
10. Extension of time for Tentative Parcel Map No. 30302 - GW Commercial. 87.
City Manager Brady indicated that there were items that needed to be modified.
He referred to the Conditions of Approval. He noted a date correction on the
top of the Conditions of Approval.
City Engineer Seumalo noted that the applicant have requested Condition No.
24 be changed to read "provide .for reciprocal ingress/egress to Crane Street";
and Condition No, 26 be changed to read "access to Central Avenue shall be'
subject to approval by the City and CalTrans"; and Condition No. 27 toread U
"preserve the opportunity to align the northwest driveway with the extension of
Allen Street". He noted that both staff and the applicant were in agreement
with the changes.
Councilman Hickman referred to Item 21, he questioned if retention bases were' ,
being required in most projects. City Engineer Seumaloconfirmed.
Councilman Buckley questioned the extension. City Manager Brady explained
that the map would be expiring; and the applicant was a new owner. Planning
Manager Preisendanz indicated that the applicant was requesting a two year
extension. Councilman Buckley questioned why the new owner did not do a
new map. Mr. Preisendanz explained that they would be doing a new map, but
needed the extension or the map would become expired. Councilman Buckley
indicated that he did not see TUMF fees and MSHCP fees. City Attorney
Leibold indicated that it was not a vested tentative map; and did not create any
vesting rights or exemption to TIF, TUMF, or MSHCP all the applicable impact
fees would apply to the project. Councilman Buckley reiterated that he did not
see it listed as a Condition of Approval. City Manager Brady eXplained that, ,
although those fees were not listed, the fees were adopted by ordinance, so the U
Agenda Item No:'\ f\
Page~Of~
.
0p AGE FIVE STUDY SESSION MINUTES..:.. MAY 10,2005
applicant was stilI responsIble for the fees. Planning Manager Preisendanz'
indicated that the fees couid be added as required Condition of Approval.
Councilman Buckley referred to Condition No. 26. He indicated that he did not
want to create another Railroad Canyon. He suggested the condition be
changed to include "right in right out". .
City Attorney Leibold proposed an added condition No. 68 that read "Applicant
shall payout all applicable development impact fees including without
limitation TIF, TUMF, and MSHCP fees."
1 I. Machado Street Pavement Rehabilitation between Lincoln Street and Grand
A venue.
('\ BilI Tiitto, Lake Elsinore requested that the City Engineer be authorized to start
a drainage system in that area. Mayor Magee eXplained that was part of the
process.
Councilwoman Kelley inquired when the Riverside County Board of
Supervisors would be considering the item. City Engineer Seumalo indicated
that staff had been in contact with the County. He indicated that there was not a
date certain at this time.
Councihnan Hickman inquired if the City had paid their share of the Mission
Trail project with the CountY. City Engineer Seumalo indicated that he would
need to research the Mission Trail project. City Attorney Leibold explained
that the City paid a portion of the City's share and the RDA incurred the
obligation to pay the balance.
12. Memorandum of Understanding for Joint Monitoring of Emergency Ambulance
Services. .
('\
City Manager Brady indicated that the MOU expired in 2003, and after
contacting the County he was informed that they had organizational restructure
Agenda Item No. I A
Page~OfJl:l
PAGE SIX STUDY SESSION MINUTES - MAY 10, 2005
and the City did not get the MOD extended or anew MOD adopted. .
Councilman Hickman questioned if it :was the responsibility of the Human
Resources Department. City Manager Brady indicated that the letter was
addressed to the City Clerk's Office, but it was something that the County
monitors.
Mayor Magee indicated that in 2003 the County Grand Jury had issued a report
of AMR's services. He noted that they had asked for several changes. .He
questioned if AMR had implemented those changes and if the County was
satisfied.
, ,. ,
City Manager Brady indicated that he would need to research those changes and
report back to Council.
PUBLIC HEARINGS
21. Vacation of3'd street - Continu~d from April 12, 2005.
City Attorney Leibold indicated thatEVMWD had adopted a Resolution on
April 21 st. She further indicated that staff was recommending a continuation
pending the actions of EVMWD.
.'
22. Tentative Parcel Map No. 32911 "for Condominium Purposes", and Industrial
Project No. 2004-07 - Collier Avenue Business Park.
Councilman Buckley inquired if they were going to be any onsitesales.
Associate Planner Coury indicated that they would have some sales from the
site.
Mayor Magee questioned the square footage of the smallest unit and ifit was
consistent with the LEMC. Ass9ciate Planner Coury explained that the LEMC
referred to lot size not unit size.
Agenda Item No. \ f'\
,
Page i!L- ofR
u
u
u
n PAGE SEVEN STUDY SESSION MINUTES - MAY 10, 2005
Mayor Magee indicated that the design seemed as though it was a step back
into the plain industrial building's that were approved in the late 80's early
90's. He questioned if staff had any concerns about the design. Associate
Planner Coury indicated that staff did have concerns. He indicated that the
applicant had built the product in Lake Forest and he took a drive out to view
the project. He indicated that it was a good looking product. He further
indicated that staff wanted to accomplish a different design, so the City would
not get so much of the same thing. .
n
Councilman Buckley suggested older vegetation. Mayor Magee concurred.
with Councilman Buckley. Mayor Magee indicated that the standard was 24
inch box trees for every forty feet. He suggested 36 inch box trees imd 48
inch box trees for a quicker impact. Associate Planner Coury requested
clarification that the Council would like to see that along Collier Avenue as
well. Mayor Magee clarified. Mayor Magee suggested adding to Condition
No.26, Item 1 to read "Applicant shall include significant amounts of mature
landscaping above and beyond the minimum standard required by the City.
23. Creation ofa New M~3 "Mineral Resources and Related Manufacturing"
Zoning District - Ordinance No. 1150.
Planning Manager Preisendanz indicated that this was a reaction to the Pacific
Clay Annexation and other annexations that might occur in the City as well as
property in the City. He indicated that staff was looking for zoning districts
for
those types of operations.
n
Councilman Buckley inquired if Pacific Clay had planned on mining longer
than expected. Planning Manager Preisendanz indicated that the item before
Council was for the Development Code amendment, the annexation would.
come before Council as a prezoning in the future. City Attorney Leibold
indicated that under the terms of the Pacific Clay Development Agreement
there was an expectation that the mining activity would continue for a period
of time and the City would permit the mining consistent with its existing
licenses which were incorporated as part of the Development Agreement.
Agenda Item No. \ 0
Page ~ Of \ '-t
PAGE EIGHT STUDY SESSION MINUTES -:- MAY 10, 2005
.u
. Councilman Buc~ley questioned if this should be brought to the General Plan
Committee. City ManagerBrady explained that anytime you amend the
Municipal Code, depending on where the M-3 was applied it would still need
. to be consistent with the General Plan.
Councilman Hickman questioned if this would interfere with the possibility of:
having the freeway to Orange County through that area. City Attorney .
Leibold explained that this was simply the adoption of a zoning district not an
application to any specific land.
Mayor Pro Tern Schiffuer indicated that Pacific Clay Products were in favor
of alignment of road coming through that area.
Mayor Magee indicated that the code amendment was long overdue. He
noted that the County Courthouse was built out of granite steps pulled from
quarries in Wlldomar and Temecula. . . U
Mayor Magee referred page 14, Items d and e. He suggested that d and e have
. some discretionaryapprov\ll. He suggested that they be pulled from their
current section. City Attorney suggested it be moved to the Section
17.61.040. Mayor Magee agreed.
Mayor Magee referred to Section 17.61.050. He suggested a.line be included
that required a building permit for any structure. City Manager Brady
indicated that it could be added, but in the other zone designations it did not
believe the City required a building permit for structures.' City Attorney
Leibold suggested adding to Item d and Item e "subject to the issuance of a
building permit", instead of adding line Item f. . .
Mayor Magee requested clarification that lawn and garden materials were not
permitted. City Attorney Leibold clarified.
Mayor Magee indicated that there was nothing in the staff report regarding
blasting and questioned if that was covered under Ordinance No. 555. City
Attorney Leibold indicated that staff would have an answer for Council at the U
Agenda Item No. \ P'I
Page~OfA
(', PAGE NINE STUDY SESSION MINUTES - MAY 10,2005
7:00.p.m: meeting;
t-
J.
., J ,'I:
Mayor Magee noted that the standard hours of operations were listed 7a.m: ' ,
to 7 p.m., Monday through Saturday. He indicated that it was inconsistent
with residential projects, but was common in the mining industry. He also
indicated that mining operations were also 24 hours a day 7 days a week. :.
Mayor Pro TemSchiffner suggested something that allowed a case by case _
basis. Planning Manager Preisendanz indicated that staff could place more
restrictive measures near residential areas.
)"l"
,- :
. - '- '-,' ",
n
City Treasurer Weber suggested some type of screen be placed on die sites to
control the dust particularly when blasting. He also suggested designated
truck routes. Mayor Magee indicated that the mining industry had
regulations in place to control those types of situations. City Attorney.
Leibold indicated that this operation was operating pursuant to an existing
surface mining.pennit. , '
"t.,
" ,'-"'"
'J:
Planning Manager Preisendanzindicated that any future development would'
go through the CEQA process. ' ., ,,'
BUSINESS ITEMS
. .
,', '
31. Second Reading - Ordinance No. 1149.
,., ~
No comments.
': ,.
32. Waiver of Deposit to Lake Management Fund.
::,
!'
Councilman Hickman inquired if this would only be done for one yeaLCity'
Attorney Leibold indicated that the staff report was for this year only.
,
Mayor ProTemSchiffner suggested a requirement that this would be
replaced within a ceitainlength oftime. He indicated that he would prefer
(\. to see the money set aside ina fund. ,'.' "
Agenda Item No. \ A
Page~ofA
PAGE TEN STUJ>Y SESSION MINUTES - MAY 10, 2005
u
Mayor Pro TemSchiffuer suggested that Council delete the last sentence of ..
the recommendation and the final document be brought back to the Council
for approvaL, !'." ',.",
. '..,' 1 I' :'.
Councilwoman Kelley suggested , adding astatementthat limited the number
of time the deposit c<?uldbe waived within a certain period of time. ' ,: ,
City Attorney Leibold explained that as long as all parties agreed the .
agreement could be amended and. modified: " .
" '."-, l" r'-.- J!
EVMWD representative Kris Anderson agreed with City Attorney Leibold.
She noted that the Water District had only consideredwaivingIthis year:
because the Lake was full.; , . , .
~) .
,\; .j."
33. Animal Shelter Options.
. ,'j
':1.) .
, '-',.-
. "
:',
u
City Treasurer Weber indicated that he like the report presented by, ,
Community Services Director Sapp. He commented that he did not
understand the distribution compared to other citiesthat.hadalarger,:'
population. He indicated that his father-in-law was,an Animal Control
Officer for 30 years for the County of San Bernardino. He indicated that he
had dealt with Humane Societies. He indicated that his father-in-law
suggested to him that a 10 year Contract would be better.
-,', ;
Councilman Buckley indicated that the Animal Friends of the Valley were a
private organization and not a Humane Society.
Kris Anderson, Lake Elsinore Animal Friends of the Valley gave some.
background on Animal Friends ofthe Valley. She noted that they had
increased t.\J,eir fees in 2000,after:a study was,completed.
Councilman Hickman inquired why it could not be broken into 4 equal
payments fromA equal cities regardless of the animal intake. Councilman
Buckley commented that operation was based per animal and capital. based
per animal because the cities would be renting space., Councilman Hi'ckman U
:<.
Agenda Item No, \ f::1
Page~Of~
, I
(\ PAGE ELEVEN STUDY SESSION MINUTES- MAY 10,2005
indicated that he. had not plan on increasing taxes. He noted that he had
received phone calls from concerned residents.
(\
Councilwoman Kelley indicated that the total cost would be $23 million
over 30 years. She questioned the figures presented by the Community
Services Department. Community Services Director Sapp indicated that the
County of Riverside had provided him with a contract with an estimate of
services. Mr. Sapp indicated that the Executive Committee had only met
twice, the IPA Board had a meeting scheduled fornext Wednesday, He
indicated that there were too many unknown's at this point. He further
noted that the plans were only '60% complete. He indicated that he would be
more comfortable coming back before Council two weeks after the IP A has
had an opportunity to meet; and there might be more information.
Councilwoman Kelley questioned the duration of a temporary facility to,
serve and meet the needs oftheCity. Mr. Sapp indicated that the current
temporary facility has been operational for 15 years. Councilwoman Kelley
indicated that if the Community Services Director was not comfortable with
the figures then she was notcomfortablewith the figures. She suggested
that she would be in favor of continuing the item.
Mayor Magee indicated that Council had made the request for alternatives'
five months ago; and he had expected a report that was bullet proof. He
indicated that Council had requested alternatives from staffnot the IPA; and
to have a proposal that assumed no land cost and did not identify a site
eroded his confidence. He noted that the budget did not provide for food,
veterinarian services or for disposal. He also noted an annual operating
budget four times higher than what Animal Friends were currently
providing.
Mayor Magee indicated that in regards to the capital cost, there was the IP A
which had not formalize anything and stafftemporary proposal with no site.
He indicated that it was incomplete. He indicated that there was also no
contingency. He indicated that he would agree to continue it until it was
more accurate. He indicated that staff needed to have the answers.
n
Agenda Item No, \ f1
Page-1L-ofA
PAGE TWELVE STUDY SESSION MINUTES -MAY 10,2005
u
Councilman Schiffuer indicated that there were three options 1) join the IP A
proposal, 2) continue with Animal Frie!1ds and participate, 3) don't join the
IP A and start a City facility. He indicated that he agreed with the Mayor
and staff needed to take this seriously.
34. Award of contract - Kobata & Associate - Fire. StationlLincoln Street Park
Design, Plans and Specifications - $20,000.
. .
Councilman Buckley inquired if Mr. Kobata conducted his owned plan
checks. Community Services Director Sapp explained that Mr. Kobata did
not conduct his own plan checks; and they were sent out to a contract plan
checker.
Councilman Hickman questioned how long Mr. Kobata had been doing this.
for the City. Community Services Director Sapp indicated that Kobata &
Associates had been doing this for the City since 1986.
u
City Attorney Leibold clarified for Council that if Mr. Kobata was selected'
to prepare the plans and specs, it was contemplated that the actual work
would be bid.
REDEVELOPMENT AGENCY
CONSENT CALENDAR
1. Minutes.
No comments.
2. Warrant List - April 28, 2005.
No comments.
3. Investment Report -March, 2005.
u
Agenda Item No. \ f\
Page~OfA
(''pAGE THIRTEEN STUDY SESSION MINUTES:':' MAY 10, 2005
No comments.
4. Waiver of Deposit to Lake ManagementFund.
No comments.
I
I
I
BUSINESS ITEM
5. RDA Loan Request - George Alongi.
Boardrilember Magee indicated that he had spoken with Mr. Alongi. He
indicated that Mr. Alongi had requested an up or down vote rather than a
continuance. He indicated thatthe items covered in the Chairman's memo
for additional information, he was willing to conceive to those as being
Conditions of Approval. He would satisfy those conditions before the loan.
n took effect.
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 5:45 P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
DARYL HICKMAN, CHAIRMAN
REDEVELOPMENT AGENCY
n
Agenda Item No. \ ~
Page~Of~
PAGE FOURTEEN STUDY SESSION MINUTES - MAY 10,2005
u
Respectfully submitted,
FREDERICK RAY, DEPUTY CITY CLERK
ATTEST:
,
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE. ,
, :,'(
u
u
Agenda Item No. \ C\
Page~ofi:L
(",
n
n
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MAY 10, 2005
* *** ** **** *** ** **** ******** ******** *** ***-* ** * ***** ** *** **** ***** ** -
. .
CALL TO ORDER
c
The Regular City Council Meeting was called to order by Mayor Magee at 5:46
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
. MAGEE
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Services Director Sapp,
Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo,
Information/Communications Manager Dennis, Parks & Open Space
Manager Fazzio, Planning Manager Preisendanz, Public Works Manager
Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber, City
Clerk/Human Resources Director Kasad.
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION'
Significant exposure to litigation pursuant to subdivision (b) of Government'
Code Section 54956.9: (1 potential case).
City Attorney Leibold announced the Closed Session Discussion as listed above.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO .
_AGENDA ITEM No..Jb ~
DAGE \ _OF
Page Two - City Council Minutes - May 10,2005
CLOSED SESSION AT 5:47 P.M.
The Closed Session discussion was completed at 6:45 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
u
Mayor Magee reconvened the Regular City Council Meeting in Public Session at
7:03 p.m.,
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Information/Communications Manager
Dennis.
INVOCATION ~ MOMENT OF SILENT PRAYER
Mayor Magee led the meeting in a moment of silent prayer.
ROLL CALL
PRESENT:
COUNCILMEMBERS: .
u
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
ABSENT:
COUNCILMEMBERS:
NONE
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Services Director Sapp,
Fire Chief Gallegos, Lake &Aquatic Resources Director Kilroy, Police Chief
Fetherolf, City Engineer Seumalo, City Treasurer'Weber and City
ClerklHuman Resources Director Kasad.
PRESENTATIONS/CEREMONIALS
A. Presentation - Riverside Countv Transportation Commission.
u
ACENOA \lEM NO.J b
- PACE '2. OF ~q
n Page Three - City Council Minutes - May 10, 2005
I
I
I
.1
I
, B.
.:
I
,1
,
I
)1 n
(\
E.
The representative of Riverside County Transportation Commission was not
available for presentation.
Proclamation - Veterans Appreciation Month.
The Veteran's Affairs representative was not present, so Mayor Magee
requested that every Veteran in the room come forward for recognition.
Mayor Magee commended those who had served in the Armed ServiCes and
read and presented the Proclamation, recognizing each Veteran.
C. Proclamation - Older Americans Month.
Mayor Magee called Paul Gluck forward for presentation, noting his parents
teaching of respect for elders. Mayor Magee read and presented the
Proclamation to Mr. Gluck. Mr. Gluck expressed appreciation for this
recognition, on behalf of the Senior Center, and invited more Seniors to
participate in the activities at the Center.
Proclamation - National Public Works Week.
Mayor Magee called Community Services Director Sapp forward for
presentation, noting that he runs the largest department in the City, which'
includes Public Works. Mayor read and presented the Proclamation to Mr.
Sapp. Community Services Director Sapp accepted the Proclamation on
behalf of his staff in the field, noting he would pit his workers against those
in any other City. He indicated that he was proud to have them under his
supervision.
Proclamation - Peace Officers Memorial Day and Police Week.
Mayor Magee called Chief Fetherolf and Detective Cordova forward for
presentation, noting that they were two very special officers being the Chief
and a permanent fixture at City Council Meetings. Mayor Magee read and
presented them with the Proclamation. Chief Fetherolf noted May 15th was
National Peace Officers Memorial Day, which honors officers who have
ACENDA ITEM NO.~ h
PACE ~ OF ?,q
Page Four,-- City Council Minutes - May 10,2005
u
. given their lives in the I!ne of duty, and accepted the Proclamation on their
behalf.
F. Presentation - Chamber of Commerce Update.
Kim Cousin~, Presi~ent, Chamber of Commerce, announced the upcoming
EDC Luncheon on May 19th at the Diamond Club. He also announced the
Business Mixer at the Lake Elsinore Outlets on May 26th at 5 :30 p.m. He
then provided an update on the.newly formed Legislative Council, with
members from the Lake Elsinore, Temecula and Murrieta Chambers of
Commerce. He noted that they had launched an interactive website, to
engage Chamber members, which was located at .. .
. www.southwestcalifomiaadvocacv.biz. He indicated that they would also
provide members with legislative alerts on important advocacy issues, as
well as trapking legislators and providing voting records. U
CLOSED SESSION REPORT
City Attorney Leibold reported that the City Council discussed the one item as
listed on agenda, with no reportable action. - - .
PUBLIC COMMENTS - NON-AGENDlZED ITEMS - 1 MINUTE
. .
Phyllis Atadaro, 29180 Outrigger, indicated that she was present because of
information regarding taking trees down along Lake street from the freeway. She
commented that those trees and the drive into the area, attracted her into Lake
Elsinore, and the though of destroying them to build houses was unthinkable. She
indicated that she had noting against putting in houses or four lanes of traffic, but
suggested leaving the trees down the center of the street.. She stressed that the
trees were planted years ago, and indicated that she could not understand the value
in destroying them.
J
PUBLIC COMMENTS - AGENDlZED ITEMS - 3 MINUTES
Requests were received to address the following items and deferred to those
U
AGENDA ITEM NO..-lb--
PAGE Y OF 3=1
n Page Five ~ City Council Minutes - May 10,2005
discussions:
Item Nos. 11,21,32 and 33.
CONSENT CALENDAR ITEMS
The following item was pulled from the Consent Calendar for further discussion
and consideration:
Item No. 11.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT!
CALENDAR AS PRESENTED, WITH MODIFICATIONS TO ITEM 10 AS
DISCUSSED AT THE EARLIER MEETING. .
(\
1. The following Minutes were approved:
A. . Regular City Coiiricil Meeting ~ April 12,2005.
B. Joint Study Session ~ April 26, 2005.
C. Regular City Council Meeting - April 26, 2005.
The follo~ing Minutes~ere received and ordered filed:
D. Planning Commission Minutes" Aprill9, 2005.
2.. Ratified Warrant List forApril 28, 2005.
3. . Received and ordered filed the Investment Report for March, 2005.
4. Claim Against the City - Wayne Romanski, Sr. & Sherrie Lynn Romanski
(CL#2005-15). .
(\
5.
Award of Contract - LED Traffic Signal Modules - Western Pacific Signal -
$43,133.
AGENDA ITEM NO.
PAGE 'S
Ib
OF~
Page Six - City Council Minutes - May 10,2005
6. Award of Contract - Battery Back-up System for Traffic Signals - Steiny &
Company - $73,065.
7. Fee Deposit and Reimbursement Agreement with Castle & Cooke Alberhill
Ranch, LLC.
8. Fee Deposit and Reimbursement Agreement with Elsinore Lakeview Villas,
LLC.
9. Fee Deposit and Reimbursement Agreement with Wasson Canyon
Investments, LP.
10. GrantedExtension of Time for Tentative Parcel Map No. 30302 - GW
Commercial 87, based on the following Findings and subject to the
following Conditions of Approval. .
Findines
1. The proposed Extension of Time for the subdivision known as Tentative Parcel Map
30302 (project) is consistent with the General Plan. The proposed subdivision is
compatible with the objectives, policies, general larid uses and programs specified in the
General Plan.
The project as designed assists in achieving the development of a well-balanced and
functional mix of residential, commercial, industrial, open space, recreational and
institutional land by encouraging the development of commercial land uses that
strengthen the City's economic base and offer, a range of enterprises that serve .the needs
of the residents and visitors.
2. Subject to the attached conditions of approval, the proposed project is not anticipated to
result in any significant environmental impact.
The project has been adequately conditioned by all applicable departments and agencies
and will not therefore result in any significant environmental impacts.
Conditions of Approval
PLANNING DIVISION
I. Tentative Parcel Map No. 30302 will expire two (2) years from March 25, 2005 unless
AGENDA ITEM NO.
PAGE <0
u
u
u
Ih
OF ..33-
(',
n(
n
Page Seven - City Council Minutes - May 10,2005
''':
within that period ,of time a final map has been filed with 'the County Recorder, or M
c, extension-of time is granted by the City of Lake Elsinore City Council in accordance with
the Subdivision Map Act Tentative Parcel Map No,' 30302 will expire on March 25,2007.
2, Tentative Parcel Map No.-30302 shallcorriply with the State of California Subdivision Map
Act and shall comply with all applicable requirements of the Lake Elsinore Municipal
Code, Title 16 unless modified,by approved Conditions of Approval. '
3. Approval of this subdivision.is ,subject to' the mitigations measures listed; within the
Mitigated Negative Declaration NO. 2002-04.
4.
The applicant shall defend (with counsel acceptable to the City), indemnify, and hqld
harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or
proceeding against the City, its Official,: Officers, Employees, or Agents to attach, set aside,
void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative
body concerning TPM No:30302, which action is bought within the tinie 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 willc60perate fully 'with the 'defense. If the City
fails t6 promptly notify the Applicant of any such claim, or proceeding, the Applicant shall
not, thereafter, be responsible todefend, indemnifY, or hold harmless'the City.'
5. The applicant shall sign and return an "Acknowledgment of Conditions" to tlie Community
Development Department within 30 days of the Teritative Parcel Map approval. .'
. ~ . ,
. 6. ,Prior to final map approval of Tentative Pared Map No.30302, the improvements specified
herein and recommended approved 'by the Planning Commission and approved by the City
Council shall be installed, or agreements for said improvements, shall be submitted to the
City for approval by the City Engineer, and all other stated conditions shall be complied
'with. All uncompleted improvements must bilbonded'for as part of the agreements.
. '
7. All of. the improvements shall' be "designed by developer's 'Civil Engineer to the
specifications ofthe City of Lake Elsinore:
"
8. Applicant must meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
9:. ,'The applicantshaJl pay applicable fees and obtain proper Clearance from the Lake Elsinore
Unified School District (LEUSD) prior to issuance of building permits. '
10. Pay all applicable park fees in force at time of issuance of building permits.
AGENDA ITEM NO.~
PAGE T OF ;::91
Page Eight -City Council Minutes-May 10,2005
ll. The applicant shall provide connection to. public sewer for each lot within the subdivision
prior to building permit. No service laterals shall cross adjacent property lines and shall be
delineated on engineering sewer plans and profiles for submittal to the EVMWD.
12. MeetalI requirements of the providing electric utility company..
13. Meet all requirements ofthe.providing gas utility company,
14. Meet all requirements of the, providing telephone utility company.,
" ,
, .
15. The applicant shall comply with all requirements of the Riverside County Fire Department.
16. . All trailers, mailboxes and signage used during construction shall, be subject to Planning
Division review and approval prior to installation.
17.. All development . associated. with this map. requires separate Design Review approval
pursuanttciSection 17.82 of the Lake Elsinore MunicipalCpde.
':"1 ,
18. Prior to building permit the applicant shall submit a Sign Program for the entire complex.
This Program shall include size, location, and. color restricts for each. building, The
program shall include size, location and color for any monument signs.
19.. An Environmental Constraint Sheet shall be attached to and reviewed as pat of the. Final
Map process. The Environmental Constrain Sheet shall note that Parcels 7, 8, 9 and 10 are
to be avoided until replacement habitat is found at a minimum ratio of I: I per the
requirement ,of the Department of Fish and Game. The owners may seek approval of
alternate mitigation from U,S. Fish & Game and'the City of Lake Elsinore if the existing
environmentally impacted situation (heron rookery) changes.
20. The applicant shall record a CC&R' that provides for irrevocable reciprocal parkiHg,
circulation, ingress and egress, loading and landscaping maintenance easements in favor of
all lots. It shall also enforce standards of building maintenance and participation in
landscape maintenance. The CC&R shall be approved by the Community Development
Director prior to building permit.
ENGINEERING DIVISION
21, Location of inlet and outlet structures of drainage system including detention basin sh'all be
included on the improvement plans., Information' shall be supported with technical
calculations.
J,
u
u
u
ACENOAITEM No._'b
PACE ~ OF ~
(1 Page Nine - City Council Minutes ~ May 10,2005
(\
(\
22. Applicant shall provide for transitions between existing and proposed improvements along
Central A venue.
23. Dedicate and improve Cambem Avenue for a width of 50-foot right-of-way from the
centerline to the project property line. Street improvements shall require a 20-foot width
from the centerline towards the project's property line.
24. Dedication for the extension of Crane and Allen Street shall be shown on a1lrriaps. Both
, streets are required to be 40-feet of street cross section on 60-feet of right-of-way.
25. Provide for reciprocal access between parcels. On site circulation shall be approved by the
, City Engineer.
26. Access to Central A venue shall be restricted.
27. Driveway with respect to Central Avenue shall 'be located to align with the extension of
Allen Street " . ' , -
28. Show that the site is not within the I DO-year flood plane. All building finished floors
impacted by the 100-year flood plane shall be graded to I-foot above the 100-year flood
plane elevation. In the event the building pads are within the I DO-year flood plane, aLOMR-
F shall be processed through FEMA.
29. All onsite drainage will be required to drain to the public right of way via surface flow or
storm drain system. Off site drainage will need to be conveyed through the site and outlet in
a manner consistent with historic-flow. '
30. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
31. Pay alrCapital.lmprovement and Plan Check fees (LEMC 16.34, Resolution 85-26).
32. Submit a "Will Serve" Ietter 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. :' " -'
,'.. .-
33. If the existing street improvements are to be modified, the existing street plans on file shall
be modified accordingly and approved by the City Engineer prior to issuance of building
permit, An encroachment permit will be required to do the work. '
34. Construct all public works improvements per approved street plans (LEMC 12;04). Plans
ACENDA ITEM NO._' b
PACE3-0F 30j
Page Ten - City Council Minutes - May 10,2005
u
. must be approved and signed by the City Engineer.prior to final map approval (LEMC
16.34).
35. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil
Engineer. Improvements shall. be designed and constructed to Ri,verside County Road
Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
36. Applicant shall. construct public improvements or enter into an agreement with the City for
the construction of public works improvements and,shall post the :appropriate bonds prior to
final map approvaJ:
,d
37..Pay all fees and meet requirements of encroachment permit issued by the Engineering
Division for construction of public works improvements (LEMC 12.08 and Resolution 83-
78).
38. All compaction reports, . grade certifications, monument certifications. (with tie notes
delineated on 8 y," x 11" Mylar) shall be submitted to the Engineering Division before final
inspection of public works improvements will be scheduled and approved.
. ..
'" (
u
39, Applicant shall obtain all necessary off-site easements. for off-site grading from the adjacent
property owners prior to final map approval. . "J
40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property, owner or his agent.
41. Provide fire p;otection facilitIes as required in writing by Riverside County Fire.
42. Provide street.lighting and show lighting improvements as part of street improvement plans
as required by the City Engineer.
43. Developer shall install blue reflective pavement markers in the street. at all fire hydrant
locations.
44. Applicant shalL submit a traffic control.planshowing all traffic control devices' for the tract to
be approved prior to final map approval. All traffic control' devices shall be installed prior to
final inspection of public improvements. This includes No Parking and Street Sweeping
Signs for streets w.ithin the tract.
45. All improvement plans and tract maps shall be 'digitized. At Certificate of Occupancy
applicant shall submit tapes and/or discs which are compatible with City's ARC lnfo/GIS or
developer to pay $300 per sheet for City digitizing. . ,. .
u
AGENDA ITEM No.~b
PAGE If> OF ~
n Page Eleven - City Council Minutes - May 10, 2005
n
n
46. All utilities except electrical over 12 kv shall be placed underground, as approved by the
, '. serving utility. ;
47. Apply and obtain a grading pennit with appropriate .security prior to building pennit
issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be
required if the grading exceeds SO cubic yards or the existing flow pattern is substantially
modified as .detennined 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 cursory drainage
and flow pattern inspection can be conducted before grading begins.
48. Provide soils, geology and seismic report including street design recommendations. Provide
finalsoils report showing compliance with recommendations.
. . .
,49. An Alquis-Priolo study shall be perfonned on the site to identify any hidden earthquake
. faults and/or liquefaction zones present on-site.
50. All grading shall be done under the supervision of a geotechnical engineer and he shall
certify all slopes steeper than 2 to I for stability and proper erosion control. All manufactured
slopes greater than 30 ft: in height shall b.e contoured.
. . . .
51. 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.
52,' On-site drainage facilities located..outside ofroadright-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".
53. Meet all requirementsofLEMC 15.64 regarding flood hazard regulations;
54. Meet all requirements of LEMC. I 5.68 regarding floodplain management..
55. The.applicantto provide ,FEMA elevati9n certificates prior to certificate of occupancies
56. Submit Hydrology .anq Hydraulic Reports for review. and approval by City Engineer.
Developer shall mitigate any flooding and/or erosion caused by development of site and
. . diversion of drainage.
57. All drainage facilities in thi~ tract shall be constructed to Riverside County Flood Control
District Standards.
58. Stonn drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the
AGENDAITEMNO.~
PAGE \ \ Of :z,q
Page Twelve - City Council Minutes - May 10,2005
drain system, the wording and stencil shall be approved by the CityEngineer.
. :
59.10 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:
60. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all
Master Planned Drainage facilities constructed. .
61. Applicant will be required to install BMP's using the best available technology to mitigate
any urban pollutants from 'entering the watershed.
62. Applicant shall provide the city with proof of his having filed a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
System (NPDES) program with a storm water pollution prevention plan prior to issuance of
grading permits. The applicant shall provide a WQMP for post construction which describes
BMP's that will be implemented for the development including maintenance responsibilities.
63. 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.
64. Applicant shall provide first blush BMP's using the best available technology that- will
reduce storm water pollutants from parking areas and driveway aisles.
65. 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.
66. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides
for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement
in favor of all lots subject to the approval of the director of Community Development & the
City Attorney. The CC& R's shall enforce standards of building maintenance, participation
in landscape maintenance, prohibition of outside vehicle or material storage.
67. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste
material, debris, vegetation and other rubbish generated during' cleaning, demolition, clear
and grubbing or all other phases of construction.
AGENDA ITEM NO.
PAGE \ 'J
u
u
u
\b
OF~
n Page Thirteen - City Council Minutes - May 10, 2005
68. Applicant shall pay all applicable development impact fees including (without limitation)
TIF, TUMF, and MSHCP fees.
12. Approved Memorandum of Understanding for Joint Monitoring of
Emergency Ambulance. Services.
ITEMS PULLED FROM THE CONSENT CALENDAR
II. Machado Street Pavement Rehabilitation between Lincoln Street and Grand
Avenue.
., . ~
City Manager Brady indicated that this was for the pavement rehabilitation
on Machado Street, as had been requested for a while. City Engineer
Seumalo indicated this item was an increase in the budget, but actually it
n was bringing the item forward that was budgeted for the next fiscal year.
Chris Hyland, 1 ~ 192 Wave crest, commented on her first amendment rights
and indicated that she'~as delighted that,this street was being paved. She
noted that while she was pleased about the paving, she was concerned for
. .the kids at the new high schooL She noted concerns when construction
began and stressed the dangers of Riverside Drive and Machado Street. . She
commented that the kids would jump over the gates to access Machado
Street, rather than going around, and stressed the danger of speeding
. yehicleson Machado. She indicated that there needed to be some
adjustment in the speec! limit and possibly more enforcement in the area.
She expressed concern that kids would get killed and stressed that the
vehicles were. going 50 to 60 mph on Machado. She indicated that Grand
Av(':nue also needed to be paved and there needed to be an adjustment with
the parking on the street. . . .
n
. ,~ ... ' , .
MOVED BY SCHIFFNER, SECONI)ED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO AUTHORIZE THE BUDGET INCREASE FOR
2004/2005 OF $6,5,000 FROM THE TIP FUNDS ALREADY BUDGETED
FOR THIS PROJECT IN FISCAL YEAR 2005/2006. .
. .'
AGENDA ITEM NO.~ 6
PAGE \3 OF ~
Page Fourteen - City Council Minutes -May 10,2005,
u
PUBLIC HEARINGS
21. Vacation OD'd Street - Continued from April 12, 2005.
Mayor Magee noted that the recommendation wastocontinuelhis item to
May 24th.
MOVED BY BUCKLEY, SECONDED BY KELLEY TO CONTINUE THIS
ITEM TO MAY24, 2005.
Mayor Magee noted that he had requests to speak on the item, and inquired
if the Council wished to take testimony.' .
..-"
THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH
BUCKLEY ABSTAINING.. U
John O'Dougherty commented that about two weeks ago there'wasa'
, meeting at EVMWD regarding the purchase of 3~d Street He noted that the
matter was a surpfise.tohim, aswnen he met with representatives of
EVMWD, he inquired of Mr. Miller why he did not endeavor to purchase a
piece of property for the pump station. He answered why purchase a site,
when we can have the street for nothing. 'He suggested that this \'vasa late
stage in the process to be proposing the purchase of the property from the
City. He indicated that after that meeting, he drove by the site and found a
contractor on the site commencin'g construction of the project. ' He
suggested that there was a huge contradiction that did not make sense. He
noted that the first time the City Council continued this item was to give
'Centex and EVMWD the opportunity to sit down with hini and discuss
options and solutions. He indicated that he had never had contact with
EVMWD or Centex regarding a solution to the situation, but he did forward
. some options that were'not entertained. He noted that he still had further"
options that would resolve the issue, and commented that he talked with the
Contractor and the matter came up at the Water Board thatthis project must '
go forward to put the pipe under the freeway; as going back to Caltrans for U
approval would take two years. He indicated that he does not have a
\6
AGENDA ITEM NO. .
_ PAGE 1<+ ~OF?PI
n Page Fifteen - City Council Minutes - May 10,2005
problem with the pipeline' going under the freeway, but suggested that there
must be a better solution than putting the pump station on Third Street. He
'advised that another aspect was astom1 water culvert under the rreeway, and
running onto his property. He proposed running it down Third Street, but
they indicated with the pump station, that was not possible. He indicated hat
his final point was that while there were grandfathered rights for storm water
on the property, there were not grandfathered rights for large development to
put additional storm water on his property. "He commented that this was a
huge problem that he would fight to the bitter end. He indicated that the
design was wrong, but there were some solutions,to it, and offered a copy of
his proposal. ' ,
(1
" Cheryl Kirkpatrick, 92 Argonaut, Ste. 215, AIlso Viejo, invited City
Engineer Seumalo and Water District representatives to look over the
alternate plan. She noted that they were, initially'happy with the
continuance, but they had never been contacted, as intended.~heexpressed,
hopes that someone would review their alternative, as it was a valid '
alternative.
, Harvey Ryan, representing EVMWD, indic~ted that he was requesting a
contjnuance, which has been done. ' '
Mayor Magee requested a copy of materials be provided to the City
Engineer to share with the Council.
, .
City Attorney ~eibold noted ~hat the work being conducted,at this time was,
pursuant to an encroachment permit and is not beyond the scope of such a
permit.
22.
Tentative Parcel Map No. 32911 "for Condominium Purposes". and
Industrial Proiect No, 2004-07 - Collier Avenue Business Park.
n
City Manager Brady highlighted the proposed project, and detailed the
location. He noted that during the agenda review, there was a concern with
the design of the structure and additional photos were provided, as well as a
AGENDA ITEM NO.
PACE IS-
\b
OF ?F\
Page Sixteen - City Council Minutes - May 10,2005
u
recommendation for larger trees to be added.
, ,
Mayor Magee opened ,the public hearing at 7:38 p.m., asking those persons
interested in this item to speak. '
There were no public comments.
Councilman Buckley noted the issue of mature landscaping was important;
,and requested a new ,condition of approval for 48" box trees.
Mayor Magee closed the public hearing at 7:41 p.m.
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP 32911
"FORCOND()MINIUM PURPQSES"; AND APPROVE DESIGN REVIEW U
NO. I 2004~07,BASED ON THE FOLLOWING FINDINGS AND EXHIBITS,
AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:
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 th.e General Plan, Zoning
Code, City Municipal Code, and Subdivision MapA ct.
2. The proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5). '
The project is consistent with the land use plan, development and design standards and
programs, and all other appropriate requirements contained in the General Plan.
3. The effects this proposed subdivision is likely to have upon the housing needs of the region,
the public service'requirements of its residents, and the available fiscal and environmental
resources have been considered and balanced., ,
The project is consistent with the City's General Plan and Zoning Code, will provide
necessary public services and facilities, will pay all appropriate fees, and will not result in U
. any adverse enviro'!mental impact, '
AGENDA ITEM NO. ' I b
PACE \~ ~
n Page Seventeen - City Council Minutes .:.... May 10,2005
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. .
CONDITIONS OF APPROVAL
GENERAL
n
. .' .
1. The applicant sh~U defend (with counsC;1 acceptable t~ the City), , indemnifY, and hold
.harmless the City, its Official, Officers, Employees, and Contract Agents from any
claim, action, or proceeding against the City, its Official, Officers, Employees, Contract
Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its
advisory agencies, appeal boards, or legislative body concerning the subject project
located at Assessor Parcel Number 378-030-014, 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.2ll67. The City will promptly notifY the Applicant
of any such claim, action, or proceeding against the. City and will cooperate fuUy with
the defense. If the City Jails to promptly notifY the Applicant of any such claim, or
proceeding, the Applicant shan not, thereaftc;r, be responsible to defend, indemnify, or
. hold harmless the City.
TENTATIVE PARCEL MAP NO. 32911 "FOR CONDOMINIUM PURPOSES".
2. The Tentative Parcel Map No. 32911 "For Condominium Purposes" will expire two (2)
. years from date of approval .unless within that period of time the CC&R's and an
appropriate instrumenC has. been filed and recorded. with the County Recorder, or an
extension oftime is granted by the City of Lake Elsinore City Council in accordance with
the Subdivision Map Act. .
3. Prior to the recordation of a final map, a lighting plan shall be submitted to the Planning
Division for review . and approval. Night lighting shall. be directed away from the
. MSHCP Conservation Area. Shielding shall be incorporated in the project design to
ensure ambient lighting in the MSHCP Conservation Area is not increased. These
requirements shall be incorporated into the lighting improvement plan submitted to the
Engineering Division.
n
. 4. The Tentative Parcel Map No. 32911 "For Condominium Purposes" 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
ACENDA ITEM NO.
PACe \ 4-
\6
Of ::;:::l
Page Eighteen -City Council Minutes - May 10,2005
Conditions of Approval.
5. Prior to final certificate of occupancy of Tentative Parcel Map No. 32911 "For
Condominium Purposes", 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.
6. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's
against the condominium complex. 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,
loading and unloading zones, landscaped areas including parkways, and methods for
common maintenance of all underground, and 'above ground utility 'infrastructure
improvements necessary to support the complex. In addition, CC&R's shall established
methods to address design improvements.
7., No lot or unit in the development shall be sold unless a corporation, association, property
owner's group or similar entity has been formed with the right to financially assess all
properties individually owned or jointly owned which have ally rights or interest in the
use of the common areas and common facilities in the development, such assessment
power to be sufficient to meet the expenses of such entity, and with authority to control,
and duty to maintain, all said mutually available features of the development. Such entity
shall operate under recorded CC&R's which shall include compulsory membership of all
owners of lots and/or dwelling units and flexibility of assessments to meet changing costs
of maintenance, repairs, and services. Recorded CC&R's shall permit 'enforcement by
the City for provisions required as Conditions of Approval. The developer shall submit
evidence of compliance with this requirement to, and receive approval of, the City prior
to making any such sale. This condition shall not apply to land dedicated to the City for
public purposes.
8. Provisions to restrict parking upon other than approved and developed parking spaces
shall be written into the covenants, conditions and restrictions for each project.
INDUSTRIAL DESIGN REVIEW NO. 2004-07
9. Design review approval for Industrial Project No. 2004-07 will lapse and be void unless
building permits are issued within one (1) year. An extension of time, up to one (I) year
per extension, may be granted by the Community Development Director prior to the
expiration of the initial Design Re,:,iew approval upon application by the devel?per one (I)
AGENDA ITEM NO.
PAGE \ P1
u
u
u
'k
OF~
(\ Page Nineteen - City Council Minutes - May 10,2005
month prior to expiration.
'1,.
. 10. All Conditions of approvid shall. be reproduced on page one of building plans prior to their
acceptance by. Building' Division. All Conditions of Approval shall be met prior to the
issuance of a Certificate of Occupancy and release of utilities.
11. Manufactured slopes associated with the proposed site development shall not'extend into
. the MSHCP Conservation Area. The final grading plan shall be submitted to the Planning
Division for approval.
. .
i2. All site' improvements approved With this request shall be constructed as indicated on the
approved site plan and elevations. Revisions to approved site plan or building elevations
shall be subject to the review of the Community Development Director. All plans
submitted for Building Division Plan Check shall conform with the submitted plans as
modified by Conditions of Approval, or the Planning Commission/City Council through
subsequent action. .
(\
13. StructUres shall be placed on-site as depicted on the site pIal! and/or as modified by the
. . . . CorrimunitY Development Director or designee. . ..
14. Trash enclosures shall be constructed per City standards as approved by the Community
Development Director or designee, prior to issuance of building permit.
. .
15. The Planning Division shall approve construction trailers utilized during construction.
All construction trailers shall require a $1,000.00 cash bond for each.
16.' All roof mounted' or' ground t support air conditioning units. or other mechacical equipment
incidental to development shall be architecturally screened or shielded by landscaping so
that they are not visible from neighboring property or public streets. Any roof mounted
central swamp coolers shall iilso be screened, and screening plan shall be approved by the
Community Development Director, prior to}ssuance of building permit. _
17. All loading zones shall be clearly marked with yellow striping and shall meet City
Standards for Type 'A' loading zones (12' x 20') and Type 'B' loading zones (12' x 40').
18. Any alteration or expansion of this Design Review approval shall be reviewedaccording
to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal
Code. . . ,:,., " '.
n
11. Materials and colors depicted on the plans and materials hoard shall be used unless
modified by the Community Development Director or designee'-
. .
AGENDA ITEM NO.-1 b
PAGE \q OF~
Page1\venty - City Council Minutes - May 10, 2005
u
, '
12. All exterior on-site lighting .shall be shielded and directed on-site so as not to create
. glare onto neighboring property and streets or allow illumination above the horizontal
plane of the. fixture, All light fixtures shall be consistent with the architectural style of'
. the building. .
13. All exterior downspouts shall be concealed or architecturally screened and painted to
match the exterior color of the building as approved by the Community Development
Director or Designee.' ,. .'
14. The applicant shall submit a Sign Program for the approval of the Planning Commission
prior to the issuance of the rrst building permit. -
" , , , .' . " -
15. All building signage shall comply with the Sign Prograin submitted to the Planning
, Division. .'
16. No outdoor storage of any materials/merchandise is permitted with this application. All
. outdoor storage shaJl be subject to the approval of a Conditional Use Permit pursuant to U
Chapter 17.74"(Conditional' Use Permits) and' Chapter 17.54 (Commercial
Manufacturing District) Section 17.54.040(A) (Outdoor Storage).
. 1 . , '.
17, All drive aisles and loading areas shall be. kept and maintained free and clear of any
materials/merchandise so as not to obstruct on-site Circulation and deliveries.
18. Parkingstall~ shall be double-striped with ,four-inch (4') lines t~o feet (2') apart.
19. Provide a 12-inchconcrete paver alo~g the sid~ of. parking ,stalls that are adjacent .to
, " planters (paver to include curb width)." .. .
20. Applicant shall meet ADA (Americans with Disabilities Act) req~irements. . '. "
..' . ,
21. No exterior roofla:dder~ shall be permitted.
, . ., " .
22. All serVice and loading d()ors shall be pain,ted to match the building. , .
23. On-site surface drainage shall not cross sidewalks.
.' ."', .. -. .'. " .'
PRIOR TO BUILDING/GRADING PERMITS
24. Prior to issuance of any grading permit or building permits, the applicant shall sign and U
complete an "Acknowledgement of Conditions" form and shall return the executed
original to the Planning Division for inclusion in the case records. '
ACENDA ITEM NO.--1b ~
_ PAGE ~ OF
n Page 1\venty-One- City Council Minutes - May 10,2005
25. Prior to grading. permit, a finaL Landscaping Planshllil be submitted to the Planning
Division for review and approval.. The plant palate shall avoid the list of invasive plant
species identified in the MSHCP as those species to be avoided adjacent to the MSHCP
Conservation Area (MSHCP Final in~ Volume I ~ Section 6 in Table 6.2 on Page6-44
through 6-46).
< c. ~
26. Three (3) sets of the Final Landscaping/Irrigation. Detail Plan shall be submitted,
reviewed and approved by the City's Landscape Architect Consultant and the
Community Development Directoror designee; prior to issuance of building permit. A
Landscape Plan Check & Inspection Fee will be charged prior to final landscape
approval based on the Consultant's fee plus forty percent (40%) City fee.
. .
a) Ail planting areas shall have permanent and automatic sprinkler system with
100% plant and grass coverage using a combination of drip and. conventional
irrigation methods. . .
(\
b)
Applicant shall plant street trees selected from the City's Street Tree List, a
maximum of forty feet (40') apart and at least twenty-four-inch (24") box in
sIze.
c) All planting areas shall be separated froin paved areas with a six inch (6")
high and si~inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be no higher
than thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parki~g lot shade tree
pursuant to th~ LEMC and Landscape Design Guidelines.
f) Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
g) The landscape plan shall provide for ground cover, shrubs, and trees and meet
all requirements. of the. City's adopted Landscape Guidelines. Special
attention to the use of
Xeriscape or drought resistant plantings with combination drip irrigation
system to be used to prevent excessive watering.
n
h)
All landscape improvements shall be bonded 100% for material and labor for
two years from installation sign-off by the City. Release of the landscaping
AGENDA ITEM ND.~
PAGE ?\ OF ?A
Page 1\venty- Two - City Council Minut~s - May 10, 2005
u
bond shall be requested by the applicant at the end of the required two years
with approval/acceptance by the Landscape Consultant and Community
. . Development Director or Designee. .
i) All landscaping and irrigation shall be installed within affected portion of any
phase at the time a Certificate of Occupancy is requested for ariy building. All
planting areas shall include plantings in the Xeriscape concept, drought
tolerant grasses and plants. .
j) Final landscape plan must be consistent with approved site plan.
k) . Final landscape plans to include planting and irrigation details.
27. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water
. District. Proof shall be presented to the Chief Building Official prior to issuance of
building permits and final approval. .
28. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of U
each building permit. . .
29. Prior to issuance of building permits, applicant shall provide assurance that all required
fees to the Lake Elsinore Unified School District have been paid.
30. Prior to issuance of building permits, applicant shall provide assurance that all
requirements of the Riverside County Fire Department have been met.
31. Prior to issuance of building permits, applicant shall pay park-in-Iieu fee in effect at time
of building permit issuance.
32. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake
Elsinore Municipal Code.
ENGINEERING
33. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit.
34. 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 applying for a building permit.
u
35. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of
ACENOAITEM NO.~
PACE '7 f). OF.?5=t
('. Page Twenty-Three - City Council Minutes - May 10,2005
. the roadway or alley shall be the responsibility of the property owner or his agent.
36. Provide fire protection facilities as required in writing by Riverside County Fire.
37. Provide approval of construction activity within the wetlands from the Fish and Games
. and Corp of Engineers. .
38. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with CR&R Inc. for removal and disposal of all
waste' material, debris,' vegetation arid other rubbish generated during cleaning,
demolition, clear arid grubbing or all other phases of construction.
39. Dedicate a seven (7) foot wide strip of additional street right-of-way along the northerly
property line to the City for a total of 5 0 feet of right of way measured from centerline of
Collier Ave. prior to issuance of building permit.
(\
40. Provide a seventeen foot (17') slope easement along the northerly' property line for future
. street alignment of Collier Ave. prior to issuance of building permit (Res: 87-64).
41. Provide easement agreement for ingress and aggress .through adjacent properties. .
42. Public right-of-way dedications and easement shall be prepared by the applicant or his
agent. Deeds shall be submitted to the Engineering Division for review and approval
prior to' issuance of bUilding permit.
43. The developer shall furnish a signing. and striping plan for median, including a stripped
left turn pocket, subject to the approval of the City Traffic Engineer.
44. The driveway aisles shall be designed so that at least 40 ft. is available between the street
curb and the first parking stall in order to provide adequate on-site storage for entering
vehicles. ..
,."
45. Street improvement. plans. and specifications shall be prepared by a' Calif. Registered
Civil Engineer. Improvements shall be designed and constructed to Riverside County
Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).
. Street improvement plans shall show existing and future profiles at centerline of street'
and at top of curb. as well as grading contours to 50' beyond the property limits.
(\
46. If the existing street. improvements are to be modified, the existing street pJanson file
shall be modified accordingly and approved by the City Engineer prior to issuance of
building permit. An encroachment permit will be required to do the work.
AGENDA ITEM NO._\b
PAGE 'Z. 3 OF::R
Page Thenty-Four ~ City Council Minutes - May 10,2005 ,
u
47. Work done under an ,encroachment permit for off-site improvements shall be delineated
on the street improvement plans and approved and signed by the City Engineer prior to
issuance of building permits. "". ,
, 48. Pay all fees and meet requirements of an encroachment permit issued by the Engineering
Division for construction of off-site public works improvements (LEMCI2.08, Res.83-
78). All fees and requirements for an encroachment permit shall be fulfilled before
Certificate of Occupancy. . '
49. All compaction reports, grade, certifications, monument certifications, (with tie notes
.delineated on 8 1/2" x II" Mylar) shall be submitted to the Engineering Division before
final inspection of.off-site improvements will be scheduled and approved.
so. The applicant shall obtain,all necessary off-site easements for off-site grading from the
,; adjacent property owners prior to grading permit issuance. "
":
5 I. Apply and obtain a grading permit, with appropriate security prior to building permit
issuance.,A grading plan signed and stamped by a Calif. Registered Civil Engineer shall
be required if the grading exceeds ,SO cubic yards or the existing flow, pattern is
substantially modified as determined by the City Engineer. If the grading is less than SO
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. ,
u
52. 'Applicant to provide erosion control measures as part of their grading plan:, The ,applicant
shall contribute to protection of storm water quality and meet the goals of the BMP in
" ",: Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.
53. Provide soils, geology and seismic report, including recommendations for parameters for
seismic design of buildings, and walls.
'.
54. An Alquisit-Priolo study shall be performed on the site to identify any hidden earthquake
faults and/or liquefaction zones present on-site. A certified letter from a registered
.' geologist or geotechnical engineer shall be submitted confirming the absence of this
hazard
: 55. Site development along. the wetlands will require. special grading and erosion control
requirements (LEMC Title IS)
56. On-site 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.
u
AGENDA ITEM No.--11o
. PACE :Lt..+ OF~
('"'\, Page Twenty-Five - City Council Minutes - May 10,2005.
57. All natural drainage traversing the site shall be conveyed thiough the site, or shall be
collected and conveyed by a method approved by the City Engineer. . .
,
58. Submit Hydrology and Hydraulic Reports for review and approvalby City Engineer prior
to issuance of grading permits. Developer. shall mitigate any flooding and/or erosion
downstream caused by development of the site and/or diversion of drainage.
59. The developer shall incorporate into the project plans combination of Site Design BMPs,
Source control BMPs and Treatment Control BMPs to address the potential Pollutants of
Concern identified for. the project, as required by NPDES requirements for industrial and
commercial projects within the San Jacinto, and Santa Ana River Watersheds. These
new requirements all for on-site Water Quality Management Practices (WQMP's). On-
site Filters specialized in removing specific pollutants from your site must be in place to
filter runoffs prior to entering any city storm drain facility.
(\
60. The developer shall incorporate into the CC&R of the industrial condominium specific
requirements and funds for periodic maintenance and/or replacement of the BMP system
by the Property Owners Association as required by manufacturer, and accepted by the
City Engineer. .
61. The developer must submit a conditional letter of map revision (CLOMR) to FEMA prior
to issuance of building permits. A letter of map revision (LOMR) must be approved from
FEMA prior to occupancy.
62. Meet all requirements of LEMC 15.68 regarding floodplain management. Finish floor
elevation of all. buildings shall be a minimum I-foot above the 100-year flood elevation
as shown on the applicable FEMA FIRM maps. Any fill placed in the 100-year flood
plane for the purposes of elevating the building floor out of the flood plane shall require a
LOMR-F to be processed with FEMA.
63. The developer to provide FEMA elevation certificates prior to issuance of certificate of
occupancies. .
64. Developer shall provide the city with proof of his having filed a Notice of Inteni with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
System (NPDES) program with a storm water. pollution prevention plan prior to issuance
of grading permits. The applicant shall provide a SWPPP for post construction which
describes BMP that will be implemented for the development and including maintenance
responsibilities.
(\ 65. Developer shall obtain approval from Santa Ana Regional Water Quality Control Board
AGENDA ITEM NO'~ b
PAGE rzs;.. OF 3C"i
Page Twenty-Six - City Council Minutes - May 10, 2005
for their storm ,water pollution prevention plan including 'approval of erosion control for
the grading plan prior to issuance of grading permits,' The applicant shall provide a
SWPPP for post construction which describes BMP that will be implemented for the
development and including maintenance responsibilities.
66. Education guidelines and Best Management Practices (BMP) shall be provided to
residents of. the development in the use of herbicides, pesticides, fertilizers as well as
other environmental' awareness education materials on good housekeeping practices that
contribute to protection of storm water quality and met the goals of the BMPin
Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.
67. Pay all Capital.Improvement and Plan Check fees (LEMC 16.34). The Traffic Impact
Mitigation fee is $0.71 per square foot of buildings, and the drainage fee is $7,i20 per
acre (Arroyo Del Toro District) and the TUMF amount is $0.46 per square foot, of
building until June 30, 2005, School Developer. Fee is $OJ6 per square foot of building
and Park Capital Improvement Fund fee is $0.10 per square' foot. '
68. The City of Lake Elsinore has adopted ordinances for stormwatermanagement and
discharge control. In accordance with state and federal law, these local sormwater
ordinances prohibit the discharge of waste into storm drain system or loc'al surface
waters. This includes non-stormwater discharges containing oil,grease, detergents, trash,
or other waste remains. Brochures of "Stormwater Pollution, What You Should Know"
describing preventing measures are available at City Hall.
PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system or
waterways - without Regional Water Quality Control Board permit or waver - is strictly
prohibited by local ordinances and state and federal laws.,
'23. Creation of a New M-3 "Mineral Resources and Related Manufacturing"
Zoning: District - Ordinance No. 1150.
City Manager Bradydetailed the proposed new zone to be added to the
Municipal Code, noting that it would address the properties that mine
various resources. He noted that the zone was specific to a parcel size or
area of 300 acres in size. He explained that this was a City-wide zoning
designation and related to consideration of new annexations into the City.
, Mayor Magee opened the public hearing at 7:42 p.m., asking those persons
AGENDA ITEM NO.
PAGE '7({')
u
u
u
Ib
OF.eq
n Page Twenty-Seven - City Council Minutes':" May 10,2005
interested in this item to speak.
,
"
There were no public comments.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT
ORDINANCE NO; 1150, UPON FIRST READING BY TITLE ONLY, WITH
THE CHANGES AS DISCUSSED FOR THE REQUIREMENT OF A'
BUILDING PERMIT FOR ACCESSORY USES, THE RESTRICTION OF
WHOLESALE AND RESALES, THE REQUIREMENT FOR A PERMIT
FOR BLASTING AND ITEMS D AND E AS CONDITIONAL USES.
(1
Councihnan Buckley suggested that the permits should be issued per blast.
Mayor Magee indicated that staff would regulate the dates and times for a
number of events over a specified time period. He noted that it would also
include a requiremenHo notify adjacent property owners. City Attorney
Leibold c1arified'the blasting activity, noting that there would bean
administratively issued permit. She questioned if this should be an
administrative permit or if it should require Planning Commission approval.
, Mayor Magee indicated that the intent was to have an administrative permit,
rather than requiring Planning Commission action. City Attorney Leibold
indicated that the proposed language, notwithstanding the permit would be
issued by the DirectorofComniunity Development.
n
Hardy Strozier, representing Pacific'Clay,indicated that they were satisfied
with the Ordinance, as proposed, but requested clarification of the proposed
changes, particularly relating to the sale of material. Mayor Magee clarified
that the sale of resources produced on site were allowed. Mr. Strozier noted
their application for the Pacific Clay annexation and noted that they
currently manufacture ceramic items on site, but also bring in other materials
they bring on site from other producers that are sold, such as materials used
in construction and landscaping. He questioned the possibility of sitting
down to clarify the language between now and the second reading. Mayor
Magee noted that in the case mentioned there would be a requirement for a '
Conditional Use Permit. City Attorney Leibold noted the language as
presented, which allowed materials as produced on site, but indicated that
AGENDA ITEM NO.~
PAGE ?,. OF ?:,q
Page Twenty-Eight ~City Council Minutes - May 10,2005
()
the notion had always been wholesale or retail products produced on site.
Mr. Strozier further questioned products not produced on site, and gave a
theoretical situation of material brought from off~site, and suggested the
ability to be grandfathered in. Mayor Magee suggested that it might be a
pre-existing non-conforming use. City Attorney Leibold confirmed that it
could be part Qf the annexation application. Mr. Stozier questioned the
other areas that were modified. Mayor Magee indicated that it involved
pemiits forblasting~ Mr. Strozier indicated that they had no problem with .
that.
Mayor Pro Tem Schiffner questioned whether they could include other
products custo.marily used in.conjunctionwith those'on-site. Mayor Magee
questioned where it would be appropriate to draw the line, and suggested
that by limiting iUo products. manufactured on site, the Council and
.' Planning Commission would get to make the determination on what is U
appropriate. . He notedtlmt this was a City-wide ordinance, and not an
. application from Racific Clay, although they will be themost'directly .
. impacted. City Attorney Leibold concurred with Mayor Magee, that with
production on site, it would be easier to determine compliance; and allow for
ease of enforcemenL. . ",
,. r' .
. ORDINANCE NO. 1150
AN ORDINANCE OF THE CITY. COUNCIL OF THE CITY OF LAKE
. ELSINORE, CALIFORNIA, APPROVING THE ADOPTION OF A .
NEW "M-3" MINERAL RESOURCES AND RELATED
MANUFACTURING DISTRICT AND. AMENDING THE CITY OF
LAKE ELSINORE MUNICIPAL CODE BY ADDING CHAPTER
. 17.61. ., .,
UPON THE FOLLOWING ROLL CALL VOTE:. .
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
()
.' i
AGENDA ITEM NO.---Lb.-
PACE '7lP. OF .3={
n Page Twenty-Nine - City Council Minutes - May 10,2005
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1149 - Annexation No. 12 (Belcaro) to
Community Facilities District No. 2003-1 (Law Enforcement, Fire and
Paramedic Services). . ,.. .
,
n
MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT
ORDINANCE NO. 1149, UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
. ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF
LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-
1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
ANNEXATION AREA NO. 12 (BELCARO) ANNEXED TO SAID
DISTRICT.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHJFFNER, MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
n
ABSTAIN: COUNCILMEMBERS:
NONE
NONE
ACENOA ITEM No.-1h _
PAOE 'l.q Of 2EL-
Page Thirty - City Council Minutes - May 10,2005
u
32. Waiver of Deposit to Lake Management Fund.
City Attorney Leibold noted that the City Council, the Redevelopment
Agency and EVMWD entered an agreement which provides that each year
the City and EVMWD will deposit $650,000 into the Lake Management
Fund. She explained that informal discussions had been held to consider
allowing each party to waive that requirement. She advised that this was
consideration of that waiver and EVMWD would also have to agree to the
WaIver.
Councilman Hickman noted that this was only consideration for one year,
and indicated that was moving with caution. He compared the City to a
small business and concurred with the need to move with caution. He
indicated that he didn't want to .go over one year, but it would help with the
budget this year.
MOVED BY BUCKLEY, SECONDED BY MAGEE TO APPROVE A ONE
YEAR WAIVER AND AUTHORIZE STAFF TO INITIATE
NEGOTIATIONS TO AMEND THE AGREEMENT FOR WAIVERS TIED
TO THE LAKE LEVEL, OR A PAYBACK OR SOMETHING ELSE.
Councilwoman Kelley indicated that she was happy to see that motion, and U
agreed that it was important to move forward with caution, but honor the
ACENDAITEM NO.~
PACE::>i:) OF ..39..-
(\
Page Thirty-One - CityCouncil Minutes -May 10,2005
."
, agreement., She indicated that'she agreed wi'th the motion and concurred
, with the need to limit how often such a waiver could be made. ' ,
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
33. Animal Shelter Options.
'.'
(\
'. City Manager Brady explained this item was to allow for consideration of
options, in contraSttothe lPA for developmentof a facility.', He noted that it
. included a proposed budget for operation of a facility, if the City 'vas to
. operate on its own: Community Services Director Sapp noted the options
for consideration, and explained that staff was requested to do more research
and provide concrete figures for consideration. He noted the options'
included participation in thelPA with other cities, based onthe number of
. . . animals turned in, for a: cost of $523,900 per year. He indicated that the
other options included the City being in the business for ann\.1aloperation
costs of $368,000 per year and large capital costs of about $368,000 for
offices,'kenrlels; vehicles,etc'''He noted that no site was identified 'in' the
materials.' . He suggested that staff could come back with specific sites and
costs for consideration.
Tim Fleming, 11970 Lakeshore, indicated that he is an II year resident who
has called on animal control, and commented that he would find it hard to . ,
imagine replacing Animal Friends. He noted that there was already one
, substandard shelter and'questioned whyanyone'\Vould w'ant to build another
, one.' He express~d s~pport fodhenew shelter: . " .
, "
,., ,
(1
KrisAnderson, President;'Animal Friends of the Valleys, noted a two page
list of things they provide as an animal control service. ,She suggested that.
based on the information provided, there were a lot of discrepancies; She
'. 'invited the Council and staff to 'come out and see the true picture of Animal
'Control. She invited staff to ride with an Animal Control Officer for a day.
. 'She clarified the need to fee and;care for the animals 24 hours a day, seven'
days a week. . She noted the upcoming lPA meeting and indicated that there
would be the ability to discuss the plans with the architect. She noted that
ACENDA ITEM NO.
PACE 3 \
Lb
OF?:>=?
Page Thirty-Two - City Council Minutes -,May lQ,200S, .
. .
u
they, \Vere currently working on a shelter in Silicon Valley. She stressed if
the City goes onit,own with animal control, it,was notpossible to house
dogs and cats together, and noted that there was only one trailer proposed for
aniInals.She suggested that three trailers and appropriate staff be
considered.
, "
Dixie Schleiger, representing the Board of Animal Friends of the Valley,
, ,stressedth~tit all came down to tl}elevel of service provided Jothe residents
and how well ciisease is controlled... She n<;>ted thatthe plans show one 12 x
.40 kennel, aql,larantine area with 8 kennels, and a 12 x 40 office with one
;, ~ecretary. She. notedtl}e things that would be handled by,the secretary. She
'. noted the need for an)solation area, and stre~sed the importance of
investigating, what is inyolved. She further noted t4e requirements for
holding strays and the .number, of dogs and cats brought in each month. . She
\ :qut)stioned how the additional animals would be housed, such as. exotics and U
,:. other animals.. She stressed the level of services that needed to ,be provided.
. " ": ; ~ : J . .
.. Councilwoman Kelll:lY commented that it was oqvious today, that there was
n,ot enough information before them, al1dnoted that staff had requested that
the item be pulled. . ., . .
MOVE)) BY KELLEY, SECONDED BY ~CHIFFNERTO PULL THE
ITEM. :... . , " ,_ ". " :' ' , ", .'
, ;." .. ,
: ,c:;ouncilman 13uckleyindicated the proposal. from stilff was ,disappointing,
undersized, had no on site vet and nobudget:for food. ,He ,advised that he
was opposed to the proposal. He noted that on the County contract option, it
would be ppintless to pay all the costs. and ,have no control over it.: He
commented !hat the operations were cheaper with Animal Friendsthan a
City operation. H~ suggested the possibility of an Animal Rescue Fee
(ARF) to assist with the capital, costs, and indicilted that the IPAwould do
everything possible to keep the cost down. He noted that years ago it would
, have been much less expensive, but noted that when this facility isbllilt,
some parts have to be up to hospital standards. He. reiterated, that the IPA
. meeting wOljld be held)1ext weelf to go over some of the details, but he did
"', :
U
. ACENDAITEM NO.~
PACE :;1.>'7- OF ?)C\
(', Page Thirty-Three- City Council Minutes'~ May 10,2005 .
not see the point of continuing this discussion.
Mayor Magee indicated that he would like to continue this discussion, and
. expressed his concerns to staff.. He commented that he thought that there
was a need for the JPA to take a few more steps and get tighter figures and
funding mechanisms. He suggested that staff needed to firm up this
proposal for an apples to apples comparison. He expressed concern with
the costs and indicated that he would like the matter continued to the second
meeting in July to give the JPA time to firm up numbers and all Community
Services Director Sapp to develop a tighter proposal for the City. He.
stressed the need to be sure that'all remedies have been exhausted.
(',
Councilman Buckley commented that Animal Friends hacla long working
relationship with the City and was less expensive. He.noted that they
control the land on Mission Trail and are looking at $2 million in donations
to a facility they will own, whereas, it the City builds it own, they will not
get any part of that funding. He stressed that there will be a proper shelter,
that is technically in the County. . He eXplained that one reason the City
number is so high, is that people drop dogs on the streets in Lake Elsinore
because they know'there is a shelter. . He stressed that a significant number
of animals are dumped in the City, from out of town. He suggested that if
the shelter is in the County, they will be dumped in the County. He noted
that the planned shelter will even include night deposit boxes.
City Treasurer Weber noted that it was important. to look' at how to fund this
amount of money. He suggested that even with the $300 fee proposed by
Councilman Buckley, the City would still.be short $500,000 or $600,000
which it does not have. He stressed the need to look at it by July, so we
know we can afford to do it. He indicated that three years from now there
will be a very difficult budget to deal with.
(',
. .
Councilman Hickman noted die Council's fiduciary responsibility, and
questioned howto finance this effoi-t'without impacting taxes. He stressed
the need to compare apples to apples. Councilman Buckley noted that he
did not say $300, as a Nexus study would have to be done. He noted that
AGENDA ITEM NO.~
PAGE ~ 3 OF :2PI
Page Tbirty-Four- City Council Minutes - May 10,20(15
every new home brings in2.7 people, as well as 1.6 animals, and stressed
the potential impact of those animals. . .
City Attorney Leibold inquired if the matter was being continued to a date
certain.
THE PRIOR MOTION WAS WITHDRAWN, WITII CONSENT OF THE
SECOND.
, 1
MOVED BY KELLEY, SECONDED BY SClJIFFNER TO CONTINUE THIS
ITEM TO THE SECOND MEETING IN JlJLY.
MOVED BY BUCKLEY, AS SUBSIDIARY MOTION TO REJECT THE
STAFF PROPOSAL. MOTION DIED FOR LACK OF A SECONP.
, .',
THE FOREGOING ORIGINAL MOTION WAS APPROVED BY
UNANIMOUS VOTE WITH DIRECTION TO STAFF TO PROVIDE MORE
INFORMATION.,
34. Award of Contract - Kobata '& Associates- Fire StationlLincoln Street Park
Design. Plans and Specifications - $20.000.
,:', . - ,. :" ,.'. -
City Manag;~r.Brady not~dthe April 26th meeting discussion of potential
park sites, and placement of a well. He reminded Council that the site
, selected was the old fire station site; and explained that this was a request to
allocate $20,000, for the design work, and either go outto bid or award the
contract.to Kobata & Associates. '
. "
,.'
Councilman Buckley indicated. that he would be abstaining from the vote on
this item, as he would still like, to see EVMWD have a chance to pay.
MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE THE
PROPOSAL TO HIRE THE ARCHITECT FOR THE DESIGN WORK,
EVEN IF THE PROJECT IS NOT INTENDED TO BE BUILT RIGHT
AWAY., ,.
AGENDA ITEM NO.
PAGE ~
u
u
U
16
OF_~q
n Page Thirty-Five - City Council Minutes - May '10,2005
Councilman Hickman suggested adding t6 Hie motion, something about'
negotiating with the Water Department, in exchange for their desire: to drill
for water.
,.
Mayor Magee requested c1~rification that this would be to hire ~obata &
'Associates to design the park on the large parcel with the Water District
drilling on the smaller property. ' City Manager Brady cOhfiimed.
THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH"
BUCKLEY ABSTAINING
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:22
P.M.
\ ,
('\ THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:31 P.M.
PUBLIC COMMENTS - NON-AGENDlZED ITEMS - '3 MINUTES
I
I:
II
:1
Ii
II
Ii
Dena Lopez, 16550 AmoldAvenue, noted that she lives in a rural area of Country
Club Heights. She indicated that she lived on a tree-lined street, until a few weeks
ago. She commented that it seemed very easy for people to knock down trees that
had been there a long time. '
n
Linnett Johnson, 16390 Stevens Street, addressed the trees in Country Club
Heights which give shade in the summer. 'She expressed concern with putting 100
year old eucalyptus trees at risk, and indicated that out-of-town speculative
builders don't care about the trees. She indicated that she thoughtthey were City
trees, but found out that they'belong to the property owners, due to the distance
from the center of the roadway. She noted that even the Code Enforcement Officer"
could not say for certain which were on private property and which were, City ,
trees, as they had been planted in rows with very little variation. She indicated that
it was shameful that the law allows cutting down any healthy tree, especially when
Country Club Heights has very little going for them besides trees. She
commented'that it was okay to 'trim and maintain them, but there was no excuse to
kilIthem. She suggested that it should be part of the permit process to
ACENDAITEM NO.~
PACE 35 OF 3=1
Page Thirty-Six - City CouncH Minutes - May lO,,2005
u
acknowledge the trees and build around them. Mayor Magee requesteq the Ms.
Johnson provide st~ffwiththe specific locations she was, concerned with. '
Ric Hammel, 16359 Stevens Street, addressed the trees and the overall
development of CO\illtry Club Heights. He noted prior comments by the Council
regarding water and the dog pound, and expressed concern that the Council does
not know enough abo-",t theissues being discussed, He noted the discussion. of the
Country Club Heights area, and indicated that people were putting in modular
homes at night with no perk tests. He addressed the eight trees on Swan and.
Arnold which where cut down, noting that they were beali~iful eucalyptus'tree~.
He stressed the benefit of the trees and the aesthetic value they provide. He noted
a booklet he. had compiled of Country Club Heights showing the trash being
dumped and the trees being removed. He provided the booklet to the City Clerk .'
for copying and distribution to the City Council and encouraged the Council to go
out and investigate the community.
u
Phy llis Atadero, 29J 80. Outrigger, noted the removal of trees on Lake Street. She
stressed that they were huge, ancient trees, and to destroy them did not make any
sense at all. She suggested moving the homes back 50. yards, and stI:essed her love
for trees.
Paula Graver, 117 N. Poe, addressed the "Run for the Wall 17", and explained that
it was a recognition of the soldiers unaccounted for in the past and current wars.
She advised that they would be m<lking the trip to the Vietnam Veterans Memorial:
Wall in Washington D.C. She detailed the trip and noted that they would be part, .
of the Rolling Thunder Parade on Memorial Day., She,indicated that she would be
doing daiiy journals and a video travel log. She advised that donations would be
greatly appreciated and requested thoughts and prayers for a safe trip. .
CITY MANAGER COMMENTS
" I
"
City Manager Brady commented on the following: '
. ,
" 1) . Responded to the residents regarding Country Club Heights, .and U
offered to meet with them, as he'was.unaware of the, issue. He noted
AGENDA ITEM NO. I h .
PAGE =<J. (l ~
(" Page Thirty-Seven - City Council Minutes - May 10, 2005
. the existence of the Palm Tree Ordinance, and stressed his willingness
to meet with them.
CITY ATTORNEY COMMENTS
No comments.
COMMITTEE REPORTS
. <"
None.
CITY TREASURER COMMENTS .
City Treasurer Weber commented ori the following:
. " .
(\
1) Addressed the 2003 'Summerhill Bond, noting that he got approval for
an audit to-look at the whole bond issue. He indicated that he and
Administrative Services Director Pressey talkedwitli the financial
" advisor who sold the bonds and he was doing an audit which started
on December 15th. He advised that the work was moving very
slowly, and they were looking into the construction fund for about $4
million and the reserves for about $5 million. He stressed the
difficulty in following the money trail. He commented that ifit were
done by an indeperidentauditor, it would probably cost $50,000, due
to the complexity ofthe financing. . He indicated that it was important.
to pick the issue apart and ask questions of people about where this
money really went. He suggested that it would take .him another
three weeks to get up to speed on the material. He advised that they
had sef'a: goal of September, 2005;.tohave it done.
';; ,
",
CITY COUNCIL COMMENTS'
Councilman Kelley had no comments.
n
Mayor Pro Tern Schiffner thanked the public for their attendance at this meeting.
AGENDA ITEM NO. 11
PAGE ;2,=1- OF ~
Page Thirty-Eight - City Council Minutes - May 10,2005
U
C.ouncilman Hickman commented on the following:,
I) Thanked everyone for attending the Mayor's Prayer Breakfast, and
noted. that it was a huge success.
2) Congratulated the Cottonwood Canyon Students and Elsinore High
School Students on their photo Contest winners, noting he hoped to
have the winners present at the next meeting.
3) Noted the golftournament.
Councilman Buckley commented on the following:
I) Addressed the Country Club Heights issu,e, and,noted that he had been
waiting for the final ordinances. He indicated that he hoped it would U'
. be the Council consensus to get them back to Council as soon as
,'possible. He noted that they discussed zoning, historic preservation
and heritage. He further noted the palm tree ordinance and indicated
. that ,trees had been stolen. He suggestec\ calling him if there were
specific concerns. ' '. ' ,,'
":.'
Mayor Magee commented on the following: ,
I)
Announced the following upcoming events: . '
May 14th - Lak(lElsinore Rod Run on Main Street
May 14th - Castle Skateb()ard ,COlnpetition , ' " .
. May) 1 st and 22~d ~!NT Waterski Competition at the,Inlet Channel
, . '.
2)
.'!
Noted a letter,from Joyce Anderson,~ resident ri"ar Forecast Homes,
indicating that there was a significant accumulation of weeds and
debris near culverts which are not being maintained. He indicated
that she would like the lots maintained and the fees assessed to'
Forecast.
" .
;,f
U
ACENDA ITEM r~o. 11
PACE~ OF~
(\. Page Thirty-Nine - City Council Minutes - May 10,2005
(\
n
ADJOURNMENT
The Regular City Council Meeting was adjourned at 8:57 p.m.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VICKI KASAD, CMC, CITY CLERK!
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE .
ADJOURNMENT
AGENDA ITEM NO. 1 b
PAGE3=i' OF~
u
u
u
MA Y 31. 2005 CITY OF LAKE ELSINORE WARRANT
SUMMARY
n FUND# FUND DESCRIVTION TOTAL
100 GENERAL FUND $ 2,021,401.10
105 MISCELLANEOUS GENERAL PROJECT FUND 15,948.58
110 STATE GAS TAX FUND 2,259.33
115 TRAFFIC SAFETY FUND 65.00
130. LIGHTING/LANDSCAPE MAINTENANCE FUND 35,303.75
150 C.D.B.G. FUND 30,432.56
205 TRAFFIC IMPACT FEE FUND 929.72
254 89-1 RAILROAD CANYON IMPROVEMENT FUND 7,940.45
606 MOBILE SOURCE AIR POLLUTION FUND 675.00
608 TRUST DEPOSITS & PRE-PAID EXPENSE FUND 6,000.00
620 COST RECOVERY SYSTEM FUND 2,525.07
650 C.F.D. 2003-1 LAW & FIRE SERVICE FUND . 345.45
GRAND TOTAL $ 2,123,826.01
(\
.,"
.;
(1
6/812005 WARRANT 053105
1 of 1
AGENDA ITEM NO. :::J..
. PAGE-LOF LJ
MA Y 31. 2005
CITY OF LAKE ELSINORE
CHECK# VENDOR NAME
81727 COUNTY OF RIVERSIDE DEPARTMENTOF ENVIRONMENTAL HEALTH
81878. LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
81879 . ALL PHASE REFRIGERATION & AIR CONDITIONING, INC: .
81880 '-C.M.A. RETIREMENT TRUST
81881 ALTURA CREDIT UNION
81882 SOUTHERN CALIFORNIA EDISON CO.
81883 CALIFORNIA P.E.R.S.
81884 EXECUTIVE EVENT SERVICES, L.L.C.
81885 MSA INLAND EMPIRE/DESERT CHAPTER
81886 C.R. GANN DEMOLITION, INC.
81887. REGIONAL CONSERVATION AUTHORITY
81889 VOID
81890-81892 A & A JANITORIAL SERVICE
81893 AERO FILM
81894 ALBERHILL HOMEBUILDING, INC.
81895 ALL PHASE REFRIGERATION & AIR CONDITIONING, INC.
81896 AMERICAN ASPHALT SOUTH, INC.
81897 AMERICAN FORENSIC NURSES
81898 ARTISAN GOLDSMITHS & AWARDS
81899 BILL BELVIN
81900 BIO-TOX LABORATORIES
81901 CYNTHIA BLOOD-WILSON
81902 BOATS PLUS
81903 LAWRENCE BOBO
81904 BUSINESS COMPUTER DESIGN INrL, INC.
81905 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
81906 CANON FINANCIAL SERVICES, INC.
81907 CITICORP VENDOR FINANCE, INC.
81908 CLEAR IMAGE WINDOW CLEANING
81909 COMPUTER ALERT SYSTEMS, INC.
81910 KIRT A. COURY
81911 CUTTING EDGE STAFFING,INC.
81912 D & SELECTRIC
81913 DANKA OFFICE IMAGING
81914 DELT BUILDERS
81915 DO IT CENTER
81916 CAROLE K. DONAHOE, AICP
81917 DUN & BRADSTREET
81918 D3 EQUIPMENT
81919-81925 E. V. M. W. D.
81926 E.D.C. SOUTHWEST RIVERSIDE COUNTY
81927 ELITE ELEVATOR, INC.
81928 ELSINORE VALLEY RENTALS
81929 ELSINORE VALLEY YOUTH COURT
81930-81931 EXCEL LANDSCAPE, INC.
81932 FASTSIGNS, LTD.
81933 FEDERAL EXPRESS CORPORATION
81934 FIRST AMERICAN REAL ESTATE SOLUTIONS
81935 FITNESS FACTORY
81936 LILIA FLORES
81937 GEO SEC, INC.
81938 GOLF VENTURES WEST
81939 ARMANDO GOMEZ
W ARRANT LIST
AMOUNT U
133.00
75.00
3,883.27
_____4,249.56
1,175.00
437.15
27,572.58
5,514.00
10.00
14,600.00
302,761.00
0.00
4,399.42
5,000.00
. 391.45
2,657.38
165,759.56
269.75
26.94
32.31
623.64
256.35
438.53
223.06
295.00 U
1,225.00
1,038.96
770.41
200.00
120.00
5,298.49
532.50
3,195.00
213.55
24,393.56
273.06
716.10
989.75
194.55
34,871.59
1,200.00
312.00
1,287.18
108.37
27,187.57
480.78
44.61
130.45
605.00
64.90
2,259.33 U
368.40
104.28
6/812005 WARRANT 053105
10F3
AQENOA ITEM NO.~_
pA(~:J... ,.',,, L/
MA Y 31. 2005
CITY OF LAkE ELSINORE
[\
[\
,
.CHECK#
81940 GRAINGER, INC.
81941' THE GRAPHICS COMPANY
81942-81944 GREENSCAPE LANDSCAPE,'INC.
81945 ARLINE GULBRANSEN
81946 GYM COR.COM
81947 SANDY HANEY
81948 HARDY & HARPER, INC.
81949 HARRIS & ASSOCIATES, INC.
81950 HARTZOG & CRABILL, INC.
81951 HI-POINT ENGINEERING
81952 HI-WAY SAFETY, INC.
81953 INLAND EMPIRE LOCK & KEY
81954 JEFF HAUSER MOBILE WELDING
81955 JONES & STOKES
81956 STEVE KARVELOT
. 81957 PAT KILROY
81958' LAKE CHEVROLET
81959 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
81960. LONGTIN'S AUTO SUPPLY
81961 THE MARK FISHER COMPANY
81962 MAYHALL PRINT SHOP
81963 . LINDA M. MILLER
81964 LEON & MARIA MINGURA
81965 MINNESANG PEST SPECIALISTS
81966 MORROW PLUMBING,INC.
81967 MORROW PLUMBING, INC.
81968 MORTON PEST CONTROL, INC.
81969 MYERS TIRE SUPPLY
81970 NATIONAL CRIME PREVENTION COUNCIL
81971 NELSON PAVING, INC.
81972 NETCOMP TECHNOLOGIES, INC.
81973' . NEW HOLLAND CREDIT, L.L.C.
81974 NEXTEL COMMUNICATIONS
81975. PAL OFFICE PRODUCTS
81976-81977 PETTY CASH
81978 PITNEY BOWES PURCHASE POWER
81979 THE PLANNING CENTER
81980 PM SERVICES
81981 PREMIUM PALOMAR MT:SPRING WATER
81982' THE PRESS ENTERPRISE
81983 PRODUCTION VIDEO
81984 PRUDENTIAL OVERALL SUPPLY
81985 QUAID TEMECULA HARLEY DAVIDSON
81986 QUILL CORPORATION
81987 R.H.F., INC. . - - --.
81988 RANCHO REPROGRAPHICS, INC.
81989 JENIFER E. REINER
81990 RIGHlWAY
81991 RIVCOMM, L.L.C.
81992 . RIVERSIDE COUNTY FIRE DEPARTMENT
81993 RIVERSIDE COUNTY SHERIFF
81994 RIVERSIDE COUNTY SHERIFF'S DEPT. OF TECHNICAL SERVICES BUREAU
81995 COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER
.vENDOR'NAME
",..;...
(\
" i
6/812005 WARRANT 053105
20F3
WARRANT LIST
. "
AMOUNT
266.61
67.45
11,984.46
178.16
2,688.36
137.25
74,900.60
14,463.00
2,025.00
1,930.00
3,000.00
502.69
2,451.08
15,948.58
213.75
297.22
3,618.49
12,500.00
55.20
1,407.00
880:32
4,925,00
20,07
1,031.50
63.34
187.00
125.00
68.11
144,25
4,940.45
1,591.91
3,251.42
1,441.82
95.72
273:31
3,000.00
600.00
682.50
229.30
646.80
40.00
206.56
237.22
983.21
210.00.
171.73
1,925.00
153.28
260.28
337,353.18
477 ,577 .05
. 61 ;503.00 .
1,790.00
i'
AGENDA lTEMNO. :1
"< ,..,., Lf
MA Y 31. 2005
CITY OF LAKE ELSINORE
W ARRANT LIST
.",-
AMOUNT U
672.00
172.51
523.00
10.554.26
480.00
196.58
575:00
153.75
506.43
1:31.683.00
615.00
3.105.00
4.608.87
3.705.00
22.130.97-
1.116.40
245.67
242.01
976.07
1.736.39
539.00
4.618.24
150.00
73.00,
1.300.00, U'
1.000.00
900.00
1,475.00
668.95
1.788.65
37.393.92
129.33
75.73
2.250.00
305.00
3,908.60
2,499.19 .
766.40
253.21
107.75
2.607.49
43.10
1,138.20
1,088.00
CHECK# VENDOR NAME
81996 COUNTY OF RIVERSIDE DEPT. OF ENVIRONMENTAL HEALTH-VECTOR CNTRL
81997 COUNTY OF RIVERSIDE DEPARTMENT OF INFORMATION TECHNOLOGY,
81998 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR, GARY L. ORSO .
81999 RIVERSIDE COUNTY SHERIFF, BOB DOYLE, LAKE ELSINORE STATION
82000. JESUS ROQUE
82001 SAFETY-KLEEN SERVICES. INC.
82002 SERVICE ONE SERVICE. INC.
82003 TRACI SIGWALT
82004', SIMPLOT PARTNERS
82005.' SMEAL FIRE APPARATUS CO.
82006 KATHLEEN R. SMITH
82007. SO. CALIF. ASSOCIATION OF GOVERNMENTS
82008 SOLAR MARKERS, CO.
82009 DAVID S. SOLOMON
82010-82016 SOUTHERN CALIFORNIA EDISON CO.
82017 SOUTHERN CALIFORNIA GAS CO.
82018 SPECIALTY PRINTING BY KATE
82019 SPRINT
.82020 STAPLES CREDIT PLAN
82021 STAUFFER'S LAWN EQUIPMENT
82022 . PEGGY J. STORAASLI
82023 ' BOB STOVER. INC.
82024 SUAREZ'S AUTO UPHOLSTERY
82025 ' TEAM AUTOAID. INC.
82026 TEAMAN. RAMIREZ & SMITH. INC.
82027 THREE LAKES SHERIFF'S POSSE
82028 TICOR TITLE COMPANY
82029 , TOM DODSON & ASSOCIATES
82030 TOMARK SPORTS, INC.
82031 . TRAFFIC CONTROL SERVICE. INC.
82032 UNION BANK OF CALIFORNIA
82033, UNITED PARCEL SERVICE
82034 VALLEY CENTER AUTO PARTS NAPA
82035 VALLEY ELECTRIC
82036 THE VERDIN COMPANY
82037-82040 VERIZON CALIFORNIA. INC.
82041 VERIZON EQUIPMENT SALES & SERVICE
82042 VISTA PAINT CORPORATION
82043 W AXlE SANITARY SUPPLY
82044 WEST GROUP
82045 WESTERN BANK OF CHINOOK
82046 WESTERN FARM SERVICE. INC.
82047 WESTERN HIGHWAY PRODUCTS. INC.
82048 WILLDAN
,."
,.i: }'
,..-
TOTAL
$ 1.953.289.24
P/EDATE:
OS/27/05 PAYROLL TAXES
0~2V05 PAYROLL CASH
55.327:25
115.209.52
GRAND TOTAL
$ 2,123,826.01
u
6/812005 WARRANT 053105
30F3
. '
A~NOA ITEM NO.. . 2.
" PAll!" 4 ro: 0
o CITY OF LAKE ELSINORE '
REPORT TO THE CITY COUNCIL
n
n
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: JUNE 14,2005
SUBJECT: APPROVAL OF FINAL MAP 31706-3, A RESIDENTIAL
SUBDIVISION BY PARDEE HOMES, LOCATED
NORTH OF CANYON HILLS ROAD AND EAST OF
RAILROAD CANYON ROAD IN THE COTTONWOOD
CANYON SPECIFIC PLAN
BACKGROUND'
Tentative Tract Map 31706 was approved at the regular City Council meeting on
May 11, 2004. The Final Map 31706 represents a consistent division of the
original tentative tract and consists of approximately 43.827 gross acres that are
being subdivided into 57 residential lots.
DISCUSSION
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.
AGENlli\ lTEi'ii NO.
PAGE L
3
0" 2-
v.
REPORT TO CITY COUNCIL
JUNE 14,2005
PAGE 2
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.
PREPARED BY:
APPROVED FOR
AGENDA BY:
. ,
Attachment: Final Map
,.' :
Ken A. S~u~alo, City Engineer y}~
L'
AGEND,'\ ITEM NO.
PAGE 2
:1 '
3
OF 2...
u
u
u
n
n
(1
. CITY OF LAKE ELSINORE' .
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A: BRADY, CITY MANAGER
DATE:
JUNE 14,2005
APPROVAL OF FINAL MAP 31706-4, A RESIDENTIAL
SUBDIVISION BY PARDEE HOMES, LOCATED
NORTH OF CANYON HILLS ROAD AND EAST OF
RAILROAD CANYON ROAD IN THE COTTONWOOD
CANYON SPECIFIC PLAN
SUBJECT:
BACKGROUND
. . .
Tentative Tract Map 31706 was approved at the regular City Council meeting on
May 11, 2004. The Final Map 31706 represents a consistent division of the
original tentative tract and consists of approximately 17.120 gross acres that are
being subdivided into 30 residential lots.
DISCUSSION
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.
ACENDA ITEM NO.
PAGE \
4
OF 2-
REPORT TO CITY COUNCIL
JUNE 14,2005
PAGE 2
RECOMMENDATION
, ,
u
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.
PREPARED BY:
APPROVED FOR
AGENDA BY:
Attachment:Final~ap
llJl-~
Ken A. Seumalo, City Engineer
'(/ ':
, , ,"
AGENDA ITEM NO.
PAGE 2.
u
u
q
OF 2-
(\
(\.
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: JUNE 14,2005
SUBJECT: . FEE D~POSIT AND REIMBURSEMENT AGREEMENT
WITH EVMWD AND CASTLE AND COOKEA,LBERHILL
RANCH, LLC
BACKGROUND
On January 17, 2004, City Council approved the final tract maps for the Alberhill
Ranch development. Also, on May 10,2005, the City Council approved the Deposit
and Reimbursement Agreement and the Fee Deposit and Reimbursement Agreement
with Castle and Cooke Alberhill Ranch, LLC.. An additional Fee Deposit and
Reimbursement Agreement that includes EVMWD is necessary.
\
DISCUSSION
\
Development costs are only eligible for reimbursement with CFD funding if paid
after the bonds are issued. Given the nature of the proposed reimbursable costs and
the timing of when bonds will be issued, a Fee Deposit and Reimbursement .
agreement is necessary for the fees to be reimbursed from the CFD bond proceeds.
Since EVMWD is participating in the proposed CFD, a Fee Deposit and
Reimbursement Agreement between the City, EVMWD and the Developer is
necessary. The agreement before you for approval relates to EVMWD fees. Under
the agreement, the City will hold as a fee deposit, the equivalent amount of the
developer fees paid for EVMWD fees. EVMWD will be paid the fees from the
future bond proceeds and the deposit collected from the developer will be
reimbursed to the developer. If the bonds do not go forward, the fee deposit will be
released to EVMWD.
n The developer plans to build 1,181 single family homes and 389 multifamily homes.
AGENDA ITEM NO. S
- . PAOE-L-OF Ilf
REPORT TO CITY COUNCIL.
JUNE 14, 2005
PAGE 2
FISCAL IMPACT
The administrative cost to the City Will be paid by the deposit.
RECOMMENDATION
It is recommended that City Council approve the Fee Deposit' and ReimbUrsement
Agreement with EVMWD and Castle and Cooke Alberhill Ranch, LLC.
PREPAREDBV, ~~+
MATTN.PRESSEY . "
. . DIRECTOR OF ADMINISTRATIVE SERVICES
APPROVED FOR.
AGENDA BY:
. .
."
'"
C
. ,
, ;1
,'j"
J .'"
r't
. .'
., :
"" ,-'
AGENDA ITEM NO.
PAGE ~
u
u
u
S
OF IL(
(\
n
n
L
FEE DEPOSIT AND REIMBURSEMENT AGREEMENT .
. by and among
CITY OF LAKE ELSINORE,
. ELSINORE V ALLEY MUNICIPAL W A 'fER DISTRICT
and
CASTLE & COOKE ALBERHILL RANCH, LLC, a California limited liability company
relating to
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2005-2
(AlberhillRanch)
45561974,]
:)
OF -.J Lf
AGENDA ITEM NO.
PAGE 3
FEE DEPOSIT AND REIMBURSEMENT AGREEMENT
u
TIllS FEE DEPOSIT AND REIMBURSEMENT AGREEMENT (the "Agreement") is
entered into effective as of the _ day of ,. , 2005, by and among the CITY OF
LAKE ELSINORE, a city duly organized and existing under the laws of the State of California
("City"), ELSINORE VALLEY MUNICIPAL WATER DISTRICT, County of Riverside,
State of California, a municipal water district ("EVMWD"), and CASTLE & COOKE
ALBERHILL RANCH, LLC, a California limited liability company ("Property Owner"), and
relates to the proposed formation by City .o~a community facilities district to be known as "City
of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch)" (the "CFD").
RECITALS:
A. The property described and depicted in Exhibit "A" hereto (the "Property") is
proposed to constitute the land within the boundaries of the CFD.
B. Property Owner intends to develop the Property for residential purposes and has
obtained the necessary..development approvals to, construct approximately 1,181 single family
residential units and 389 multifamily residential unitS'on the Property, as such development may
be modified from time to time (the "Project").
C. The Project will require the payment, pursuant to the rules and regulations of
EVMWD, as amended from time to time, applicable to the Project (the "Project Conditions") of U
certainEVMWD Charges (defined below): , " '.
D. In conjunction with the recording of the final subdivision map(s) for the Project,
the issuance of building permits for the construction of homes within the Project and/or receipt
of water meters for such homes, Property Owner, or its successors or assigns, may elect to
provide a security deposit to cover EVMWD Charges to EVMWD (the "Deposif') before any
Bond Proceeds are available to pay the EVMWD Charges. In such case, Property Owner shall
be entitled to (i) reimbursement of such Deposits and (ii) credit for payments made to EVMWD
from Bond Proceeds of the EVMWD Charges which would otherwise be due to EVMWD in
conjunction with the Project, all as further described herein.
AGREEMENT
. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties hereto agree as follows:
I. Recitals. Each of the above recitals is incorporated herein and is true and correct.
2. . Defmitions, 'Unless the context clearly otherwise'requires, the terms defmed in
this Section shall, for all purposes of this Agreement, have the meanings herein specified.
(a) "Act" means the Mello-Roos Community Facilities Act of 1982, Chapter.
2.5 (commencing with Section 53311) of Part I of Division 2 of Title 5 of the California U
Goveinment Code.
45561974.1
I
AGENDA ITEM NO.
PAGE 'I
:5
OF~ Lf
[\
(b) "Bond Proceeds" or "Proceeds of the Bonds" shall mean those net funds
generated by the sale of the Bonds and investment earnings thereon.
. (c). . "Bonds". shallmeari those bonds, or other securities, issued by, or on
behalf of, the CFD or any Improvement Area thereof, in one or more series, as authorized by the
qualified electors within the CFD.' .
(d) "Deposits" means an amount deposited with EVMWD by Property Owner
as'security for EVMWD Charges and which are eligible for refund by EVMWD upon t1ie sale of
Bonds. .' . .
(e) "EVMWD Charges" means water connecticinfees, sewer 'connection fees,
annexation. fees, sewer treatment capacity charges and all components thereof of EVMWD
imposed upon the Project to pay' for the provision of water and sewer services to and the
construction ofEVMWD water and sewer facilities required to serve the Project.
(f) .' "Improvement Area" means a geographkal area within the boundaries of
. the CFD as indicated on the CFD boundary map. ." .
(g)
"Party" or "Parties" shall mean anyone or' all of the parties to this
Agreement.
("',
(h) "State" means the State of California.
3.. . ProDosed Formation of the CFD.City will undertake to analyze the
appropriateness of forming the CFD. City will retain; at the expense of the Property Owner, the
necessary consultants to analyze the proposed formation of the CFD..
. . 4. Sale onionds and Use of Proceeds. In the event that the CFDis formed, the City
Council acting as the legislative body of the CFD may, in its sole discretion, fmance, arnong
. other t1iings, the EVMWD Charges by issuing the Bonds. .. '. .' . .
. As required by the Project Conditions, it may be necessary for Property Owner, or its
successors or assigns, to make Deposits before Bonds are issued. Upon the issuance and sale of
the Bonds, Property owner may execute and submit a payment request, in substantially the form
attached hereto as Exhibit "B", to the CFD requesting disbursement to EVMWD of an amount
equal to all DepositS from Bond Proceeds. Within ten (10) business days ofEVMWD's receipt
of funds pursuant to such disbursement request, EVMWD shall return the Deposits to Property
Owner. In the event Bonds are not issued within twelve (12) months of the date of any Deposit,
such Deposit may be applied to pay the EVMWD Charges, and shall no longer be reflected as a
deposit on the accounts of pVMWD. . .
[\
. .
5. Indemnification. Property Owner shall assume the defense of, indemnify and
save. harmless, the City, the CFD andEVMWD, their respective'officers and employees, and
each and every one of them,. from and against all actions, damages, claims, losses or expenses of
every type and description to which they may be subjected or put, by reason of, or resulting
from, any act or omission of Property Owner with respect to this Agreement; provided, however,
that Property Owner shall not be required to indemnify any person or entity as to damages
45561974.1
2
AGENDA ITEM NO.
PAGE ~ '5
:)
OF ~ '-I
" resulting from negligence or willful misconduct of such person or entity or their officers, agents
or employees. "
u
6. Disclosure of Special Tax: Calculation of Special Tax Reouirement.
," , ',.' ,
(a) Deliverv of Notice. From and after the date of this Agreement, Property
Owner and its successors and assigns shall give a "Notice of Special Tax" (as defmed in Section
6(b) below) to each prospective purchaser of a parcel in the CFD and shall deliver a fully
exec~ted copy of each notice to the CFD., Property Own(:r and its successors and assigns shall (i)
maintain records of each Notice of Special Tax for a period of five (5) years, and (ii) shall
provide copies of each notice to the CFD promptly following the giving of such notice. Property
Owner and its, successors and assigns shall include, the Notice of Special Tax in all Property
Owner's and its successors' and assigns' applications for Final Subdivision Reports required by
the Department, of Real 'Estate (''ORE'') which are filed after the effective date of this
Agreement.
. !..
, , Property Owner and its successors and assigns shall require, as a condition pretedent to
close an escrow for the sale of real property to a developer ,acquiring ,lots (a "Residential
Developer"), that such Residential Developer shall (i) maintain records of each Notice of Special
Tax for a period of five (5) years, (ii) provide copies of each notice to the CFD promptly
following the giving of such notice, and (iii) include the Notice of Special Tax in all of such
Residential Developer's applications for Final Subdivision Reports required hy DRE.
.'f .
u
(b) Notice of Special Tax. With respect to any parcel, the term "Notice of
Special Tax',', 'means a notice in the form prescribed by'California Government Code Section
53341.5 which is calculated to disclose to the purchaser thereof (i) that the property being
purchased is subject to the special tax'of the :CFD; (ii) the land 'use classification of such
property; (iii) the maximum annual amount of the special tax and the number of years for which
it will be levied; (iv) if available at the time such notice is delivered, an indication of the amount
,of special tax to.be levied on such property for the following fiscal year; ,and (v) the types of
facilities or services to be paid for with the proceeds of the special tax. " , " . '
(c) Notice to Subseauent Purchasers. The CFD will file with the Riverside
County Recorder a notice of special tax lien that gives notice of the existence of the CFD and the
, levy of the special taxon property within the CFD for the benefit of subsequent property owners,
pursuant to requireinents of Section 3114.5 of the Streets and Highways Code: .
(d) . Information Sheet and Sample Property Tax Bill.' Property Owner and its
successors and assigns shall provide each purchaser of property with a sample property tax bill in
a form approved by the CFD. Property Owner and its successors and assigns shall provide
prospective purchasers of homes an information sheet in the sales office in th'e form set forth in
Exhibit C attached hereto and incorporated herein by this reference."
. 7. Amendment and Assilmment. This Agreement may be amended at any time but
only in writing signed by each partY hereto.' This Agreement may be assigned, in whole or in
part, by the Property Owner to the purchaser of any parcel of land within the Property provided,
u
45561974.1
3
AGENDA ITEM NO.
, PACiE b
:5
OF -1... L/
('\
('\,
n
however, such assignment shall not bedfective unless and until the City and EVMWD have
been notified, in writing, of such assignment. ' , .
8. Entire, Agreement. This Agreement contains the entire agreement between the
parties with respect to the matters provided for. herein and supersedes' all prior agreements and
negotiations between the parties with respect to the subject matter of this Agreement.
9. Notices.. Any notice; payment or instnimentrequired or' permitted by ,this
Agreement io be given or delivered to either party'shall be deemed to have been received when
personally delivered or seventy-two hours following deposit of the same in any United States
Post Office in California, registered or certified, postage prepaid, ad~essed as follows:
City:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attn: City Manager
EVMWD:
Elsinore Valley Municipal Water District
3 1315 Chaney Street
Lake Elsinore, California 92530
Attn: General Manager
Property Owner:
Castle & Cooke Alberhill Ranch, LLC
17600 Collier Avenue, Suite CI20
Lake Elsinore, CA 92530
Attn: 'MJ. "Tom" Tomlinson
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the other party hereto. '
10. Attornevs' Fees. In the event of the bringing of any action or suit by any Party
against any other Party arising out of this Agreement, the Party in whose favor fmal judgment
, shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit,
including reasonable attorneys' fees.
II. Severability. If any part of this Agreement is held to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of this Agreement shall be given effecUo the
fullest extent reasonably possible.
12. Governinl! Law. This Agreement and any dispute arising hereunder shall be
governed by and interpreted in accordance with the laws of the State of California.
13. Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party hereto, or the failure by a party to exercise its
rights upon the default of another party, shall not constitute a waiver of such party's right to
insist and demand strict compliance by such other party with the terms of this Agreement
thereafter.
45561974,1
4
. ACENDA ITEM NO.
-PAGE ' 7
~
O~
,--
" 14. , No Third Partv Beneficiaries. No person or entity ,other. than the CFD, when and
", if formed; 'shall b~ 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,
the CFD, EVMWD and Property Owner, (and theirrespective successors and assigns, exclusive
of individual homebuyers), any rights, remedies, obligations or liabilities under ot by reason of
this Agreement.
u
15. Singular and Plural: Gender. As used herein, the singular of any word includes
the plural, and terms in,the masculine gender shall include the feminine,
16. Counteroarts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which shall constitute but one instrument.
u
-", .
" '
:
,',
u
ACENDA ITEM NO.
-PACE K
:S
OF~
45561974,1
5
(\
(1
('
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year written above.
ArrEST:
VICKI KASAD, CITY CLERK
By:
. VICKI KASAD
APPROVED AS TO FORM:
VANBLARCOM, LEIBOLD,
McCLENDON & MANN,P.C.
City Attorney
By:
BARBARA ZEID LEffiOLD
45561974.1
CITY OF LAKE ELSINORE, a municipal
corporation
By:
Mayor
ELSINORE VALLEY MUNICIPAL WATER
DISTRIC
By:
By:
Merlin Jackson Tomlinson
, /Vi""e President - Land Development
Byj0v~ a/
. KenR.B on
Vice President - General Manager
6
AGENDA ITEM NO. ~
PAGE.-:l-OF~
\lh.
1 ;/ \
[<\!\<:,/ -
".. '~v1;/'
. "
~
!~~~fli "'+2
. f1rij
-.
~iil' Ii) '"
!iif ..
f"!.=i
. fjl.f~
FI it,
i.r; D i
.!l8'i.8 !l
H.....
hm~
. ~Hff
..Uh
Q . i
~ <
I!Fl~HUlJJlJLlLJ~=r=J
'1~~~~G.i; "-'~O-:~-_:,:~.:_,,__,
I .
0 ~\
-. 1=
-
'<
0 w
CX>
- '"
<>
r- :g
<>
m <>
-
(')
"T1
C
N
C)
C)
c.n
I
N
J ~
~ C"
. (1)
~ .,
I :J
-.
-
-
;;U
At
::J
0
:J
"0
.,
0
.....
(1)
0
-
',."
/
/
/
!~
'&1
"~~~
',-,".
<<..oJ ,,~,:/_'
fg /.:.':,.;:./
CX>
o
. 0
C) >~ /
N._'_,
~QY
~
/~.'
/"Y-
~I
CX>
8-..".
w
CX>
w
CX>
"'.
:-0
CX>
o
o
~!:j
'"
o
CX>
0_
o
Ww
CX>'"
"'.
~,
o
o-
w
'"
\'~
,'.1
--.-------J-
.----...--. ,
--..~,..-._-~----.._~-
/
,
,!;:
'<:7-
",'. '
.4-"
;4~<--
,17
.~~
:':~;~'C:~}??'
~
T
. t~.
- ----J~
I ---
- 1-' ___J
I
I
I
I
L_____.
U
L~
/(" "
/1//
///
,:1/
u
',-.
//
/
/.
5
AGENDA ITEM NO: . I U .
PAGE--1a.-OF --W--
n
n
n
. EXHIBIT B
DISBURSEMENT REQUEST FORM
. - ' ~., .
I. City of Lake Elsinore Community Facilities District No. 2005-2 (Alberhill Ranch)
, ("CFD") is hereby requested to pay from the'CFD bona proceeds to the Elsinore VaHey
Municipal Water District ("EVMWD"), as Payee; the sum set forth in 3 below. .
2. The undersigned certifies that the amount requested for EVMWD Charges is due
and payable and has not formed the basis.?f prior request or payment.
3. ' -Amount requested: $
For Lot Nos:
4. The amount set forth in 3 above isauthorizedand payable pursuant to the terms of
the Fee Deposit and Reimbursement Agreement by and among the CITY OF LAKE ELSINORE,
ELSINORE VALLEY MUNICIPAL WATER DISTRICT and CASTLE & COOKE
ALBERHILL RANCH, LLC, dated , 2005 (the "Agreement"). Capitalized terms
not defmed herein shaH have the meaning set forth in the Agreement.
'CASTLE & COOKE ALBERIllLL RANCH,
LLC, a California limited liability company
By: .
Title:
'~...-
'Date:
cc: City of Lake Elsinore Finance Del?t. ,
45561974,1
.5
AGENDA ITEM NO.
PAOE-1L-OF I""
EXHIBITC
FORM OF INFORMATION SHEET
u
1. WHAT IS COMMUNITY FACILITIES DlsTRlcr(CFD) No. ?
CFD No. _ was formed pursuant to the "Mello...Roos Community Facilities Act of 1982" to
finance
2. WHO IS RESPONSIBLE TO PAY THE SPECIAL TAX AND HOW IS IT BILLED?
The property owner is responsible for paying the CFD No. special tax, which
will appear as a separate line item on your Jlroperty tax bill along with your regular property
taxes.
3. How MUCH WILL MY SPECIAL TAX BE?
The special tax is based upon the size of the home. The assigned and maximum special taxes for
. CFD No. for the [2005-06] Fiscal Year are summarized below.
I Residential Property $ -"dwelling unit U
Greater than 3,600 sq. ft.
2 Residential Property $ -"dwelling unit
3,201 sq; ft. - 3,600 sq. ft.
3 Residential Property $ _/dwelling unit
2,80 I sq. ft - 3,200 sq. ft.
4 Residential Property $_/dwelling unit
Less than or equal to 2,800 sq. ft.
4. How WNG WILL I IIAVETO PAY THE CFDNo. SPECIAL TAX?
The CFD No. _ special tax will not be collected after calendar year 20_.
s. CAN THE SPECIAL TAXES BE PREPAID?
Homeowners have the option of prepaying their CFD No. _ special tax anytime. For
prepayment information please contact the administrator for the special taxes ,
6. WHERE CAN I GET MORE INFORMATION?
For more information in regards to CFD No. _, contact the the City. of Lake Elsinore
administrator
u
45561974.1
i
AGENDA ITEM NO. . I==)
PAGE~OF--1l{
APN~'
1. JJ!Q~"
2. Jlrl-tWJ-QQ.t
'.l .J8tl-o/ilJ-tJOf
<I. . fJlJ2
S.
Ii
7-
II
.9.
H1
ff.
12
1.1.
u
J$.
11J.
17-
18.
tJ(l6
.J8i1~ 121-/J(;1
JIrI- 1c2.f-lJ(q
.J89... ,<,,,,OO.J
JJ!Q-'i2-o(j,
$-I.f,f../J(;2
.1lI$-I.f;r..()().J
.J89...122...otH
.Jl1il-1~.,.(tQS
./(fI- ia....(J($
.J8D-12,2:-(J()7
.1lI$-1.32..o10
!(/NIPS *
1.
~
~'
#.
S.
~
[;J"
",'.""-.;',
^. . "
12{){} , " 0, 1300
~] ',IrrJIM)l
AGENDA ITEM NO. S
PAGE~'l.., OF~,
~t.>~YC!F'"
ctWOF I..i4KE
~~./1I::8 ,M:J. 2OIJ5..2
, (ALBERHlI.l ' RANCH)
J.!:';,fP..';'--O/8:tJf. '~~'" ~:-.
I
AP#~:
I. Jl!!I~1lJ:l
R. Jl9-.liI/tMl/?1
J.~
~~
6. .1IJi _ 4>>.f
.. ....,.....,;. A_
r. ___~"
8. JII/J'-I.tl'-(K!I
Q. .1IJii~ 1,M-Q(J2
10. .1IJii. l;2f'-OlQ
'" JI1!i- '(J(JI
12. .!,?
1.1.
I~ $'IJ''''~
15. J8D-l:a2-QfJ$
16. J$-IN'-Otie
17. J8D-/~7
18. ,J,fJg:-,22-UIO
K/JfI(}8 HWY.
'$111::.1:.11 i:l/:'1
',"j
,
~$
1.~"" a1!J
2,~$
.~.=.
5. J8$~
ti
1
c:J
u
o
'~ ".":!lfJO
. I """I'2d() ,
AGENDA ITEM NO. 5
PACE. ' / Lf OF-U::L
U
EKHI8IT ~"
.:;i,.fI, tH.lJCf '/fi: ,~~8l'!tS1.UbAdJlV
"~;<fJ..,.JIJ~i,A(
("'\
(\
n
CITY OF LAKE ELSINORE .
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JUNE 14,2005
SUBJECT: HTE, INC. SOFTWARE UPGRADE: CONTRACTS FOR
NAVlLINE, QREP, DMS LICENSING, TRAINING, AND.
TECHNICAL SUPPORT
BACKGROUND
In accordance with the City's Information Technology Strategic Plan, a significant
upgrade of the City's enterprise software is recommended for purchase. The
existing software is under a sole-sOlirc~ license from HTE, Inc. The cost for the
upgrade and migration 'of three new software products includes payment of one-
time license fees and annual fees for technical support and training.
DISCUSSION
Since the early 1990s,the City has used enterprise software from HTE, Inc. for
financial reporting, business licenses, code enforcement, building permits, cash
receipts, payroll and land planning, In anticipation of the software upgrade, an IBM
i520 server was purchased last year to replace an obsolete AS 400 server.
,
The Naviline Select upgrade will provide more functionality and auser-friendly
graphic user interface, similar to Windows.. QRep is a powerful reporting tool that
will enhance our ability to track and report City data, trends and statistics.
Document Management System (DMS) will provide flexibility in the design and .
laser printing of automated forms, notices, permits and reports.
The benefits include increased functionality and ease of use, and better integration
with other enterprise technology, including our Graphic Information System (GIS) .
system and future web site.
AGENDA ITEM NO. G7
PAGE -'- OF II
Web based and onsite training to support the migration is included, along with
telephone support for requesting software enhancements and help desk.
u
HTE, Inc. supports over 2,000 municipal customers nationwide.. ~ecause HTE
provides onsite migration assistance on a first-come, first serve basis, our turn for
implementation support is in August. This will allow staff to prepare the testing
environment and conduct training before and during the migration.
FISCAL IMP ACT
The attached exhibit summarizes the costs for this migration. Funding for this
upgrade is available in the Capital Improvement Budget. The first year cost for
one-time licensing, migration, training and support costs is$l 07 ,490, excluding
applicable taxes. Annual recurring training and support costs are $39,190, funded
from the IT Systems operating budget. Contract documents are also attached.
RECOMMENDATION '.
That the City Council authorize the City Manager to. execute HTE, Inc. Co~tract
No. LKEL-200502l2 and <:;ontractNo. 20050511 Supplemc;wtal Agreement for
Navi/ine Select, QRep and DMS s~ftware.
u
, ,',
PREPARED BY: MARKDENNIS
INFORMA TION/COMMUNICATIONS MANAGER
;1
APPROVED FOR
AGENDA BY:
, ,-,
.'
~
'" .
.;.
'. ::' !'
u
AGENDA ITEM NO. Co
PAGE '2- OF ~
City of Lake Elsinore
HTE_Naviline_licenses_finaI061405
Fiscal Year 2005-06
n
HTE Naviline Migration Charges
Naviline. OMS, QRep
Created 4/19/2005
Fina/6/1412005
Budget assumptions for FY 05-06
Current licensing
Naviline migration original estimate
OMS
ORep
04-05 Support line
04-05 Land files deanup
04-05 Land files update
04-05 Implementation services
Total
Prior FY Est. 1st Yr Cost Notes 2nd Yr Cost (annual recurring)
$ 26,000
41,530 $65,840.00 a) $ 28,540.00 NAVILlNE
5,500 $ 5,580.00 c) $ 930.00 OMS
$21,220.00 b) $ 4,920.00 OREP
6,000 $ 4,050.00 d) $ 4,800.00 TRAINING via web
12,000 $ 4,800.00 e)
6,000
6,000 $ 6,000.00 f)
$ 103,030 $ 107,490 $ 39,190
(\
Sungard Quoted Programs Contract No. LKEL.20050112
Web Web New Navillne
Training .Training Implemen- . Support
Sungard HTE Licensed Pr<>arams License Fees Hours Fees tation Fees Fees 11\
Naviline Select Migration
BuikUng Pennits-BPJ $ 6,110.00 3 $ 450.00 $ 4,580.00
Code Enforcement-GEJ . $ 3,730.00 '3 $ 450.00 $ 2,990.00
Cash Receipts-GRJ $ 1,670.00 3 . $ 450.00 $ 1,250.00
Asset Management-F AJ $ 1 :930.00 3 $ 450.00 $ 1,410.00
GMBA w/Extended Reportlng-GMJIERJ $ 7,960.00 3 $ 450.00 $ 5,970.00
Business Licenses-oU $ . 2,590.00 3 $. .450.00 $ 1,940.00
PayroJVPersonneJ-PRJ $ 5,080.00 3 $ , 450.00 $ 3,810.00
Planning & Zoning.-PZL $ 4,920.00 3 $ . 450.00 $ 3;690.00
LandlParool Management-LXJ $ 3,410.00 3 $ 450.00 $ 2,900.00
Services $ 6,000.00
Sunaard HTE Lincensed Proaram Total $ 37,300.00 27 $ 4,050.00 $ 6,000.00 $ 28,540.00
Sungard HTE QRe Pricing
Qrep Reporting Module
Qrep Administrator Training (onsite 4 days)
Qrap User @ 5 users tier
Catal s 6-10 tier
License 2
$ 500.00
$ 4,800.00
$ 400.00
$ 1,000.00
Quan . Ex!. Price
1 $ 500.00
1 $ 4,800.00
5 $ 2,000.00
9 $ 9,000.00
MaintlYr/ea Ex!. Main!.
$ 930.00 $ 930.00
$ 285.00 $ 1,425.00
$ 285.00 $ 2,565.00
$ 4,920.00
Sun rd HTE ORe Total 3
Sungard HTE OMS Pricing
Ext. Malnt.
$ 930.00
OMS Module
Sun ard HTE OMS Total 5
$ 930.00
NOTES
A) One time migration license fee plus first year annual maintenance fee.
B) One time migration license fee plus training plus first year annual maintenance fee.
C) One time migration license fee plus first year annual maintenance fee.
D} One time fee for web-based training for all modules with initial Naviline migration.
E) Training Passport annual (unlimited web training access for 12 months, any modules).
F} One time implementation fee for Naviline migration.
1) Recurring annually and will replace the current annual license fees.
2) Administrator module licensed separately but requires one user license, in addition.
3} License extended pricing one time only cost. Maintenance is annual recurring cost.
4) B!anket license for N.a~i1ine Se~ect version; for g~een screen version, cost i~ $5,097 & $1,019 for maintenance~_,~.,;,-:'YI'}.1J i"",i':::,,/' ";;.0 (/)
5) License extended prtClng one time only cost. MaIntenance is annual recurring cost. l'~....., ,,--" , . a ko-<o~ k'~ . - ~
. . . ~(iJ' II
,.!II"
n
-
Prepared by Mark Dennis 6/812005
Page 1
BUNGARD.
SunGard HTE, Inc.
1000 Business Center Drive
Lake Mary, FL 32746
(407) 304-3235 Tel
u
'U
u
CD
Cj' II
HTE INC.
May 18, 2005
/7\, r,2 rG~:7::;',;'~~' .::~
L)}. . L~"'!i ~.._.. .,;
h~1 , :u
U U! MAY 2 0 2005 IL:::; 1
] i
'-
r -'~----"""--,^,-"
\..::J'1'\ ;,> ";,,"
Mr. Mark Dennis
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
,'-.. . . - . -.... .~..J
Dear Mr. Dennis:
Enclosed are 2 SunGard HTE Supplemental Agreements which have been executed by an
authorized SunGard HTE representative.
Upon your approval, please fill in the Designated Machine infohnation on page I of each
Supplement, have ,them executed, return one to my attention and retain one for your files.
If you have any questions, please call me at 407-304-3003 or your SunGard HTE
Account Executive, Holly Thompson at 800-724-8088 ex!. 3828.
S7)rvo\
Paul Valis
Contracts Services
Enclosures
~:;..;~'tL\~.r.~ ~O.
p;a 4
SUNGARDO
H........"'.~~r...l ~~_
SUNGARDe
n
HTH INC.
SUPPLEMENT TO H.T.E., INe. SOFTWARE .LICENSE ANn. SERVICES AGREEMENT
BY AND BETWEEN SUNGARn HTE INC. AND CITY OF LAKE ELSINORE, CA
SCHEDULE A-PRICING AND PAYMENT SCHEDULE
CONTRACT NO. 20050511
TIris Supplement is to the H.T.E., Inc. Software License and Services Agreement dated of even date herewith (Agreement),
between SunGard UTE Ine. (liTE) and 'City of Lake Elsinore, CA (Customer). Unless otherwise stated below, all terms
and conditions as stated in the Agreement sball remain in effect
Designated Machine
Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written
pennissionfrom HTE, may be subject to an 'upgradecbarge.
Type:
Operating System:
Model:
Serial Number
Tape Drive:
SunGard HTE Licensed Programs
aviline Select
Document Mana ement Services - DXJ $
SunGard HTE Licensed Pro ram Totals $
License Fees .
4,650.00
4 650.00
Annual
Su' ort
$ 930.00
$ 930.00
(\
. No. Days of Training Annual
Third Party Applications : License Fees Trainln!! Fees Support
CG Admin-Oreo Administrator $ 500.00 4 $ 4 800.00 .$ 285.00
CG-Orep End User (5 licenses) . 2 000.00 ' . 1,425.00
CJ-Cognos Catalogs (9)
BP, CE, CR, FA, GM/ER, OL, PR, PZ, LX 9 000.00 2,565.00
Third Party Applications Total $ . J 1,500.00 4 $ 4,800.00 $ 4 275.00
Dne Upon Due As Due As
. Contract Incurred! Otherwise
Pavment Schedule" Total Contract ExeeutioD Delivered Noted
License Fees $ 4,650.00 $ 4.650.00
Annual Support 930.00 . $ 930.00
Third PartY License Fees 11 500.00 11.500.00
Third Party Training Fees .. 4,800.00. . , $ . 4 800.00
Third Party Annual Support 4,275.00 4,275.00
Grand Total $ 26.155.00 $ 16,150.00 $ 4,800.00 $ 5 205.00
APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED
TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER.
.Payments:
THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS:
(\ '. License Fees:
Upon execution oflhis Supplement.
~~NO. C:o
. 1Id~' C11 1/
SunGard HTE Schedule A
LKEL-20050511 Schedule A.doc
Support Fees:
Prior to the conunencement of the initial term of support. Support fees for subsequent U
terms of support will be due prior to the start of that term at the then prevailing rate. Rates
for subsequent years of support service are subject to change.
Third Party License Fees:
Upon exeCution of this Supplement.
Third Party Training Fees:
On invoice, as incurred.
Third Party Support Fees:
Prior to the commencement of the initial term of support. Snpport. fees for subsequent
terms of support will be due prior to,the start of that term at the then prevailing rate. Rates
for subsequent years of support service are 'subject to change.
" . Travel and Living Expenses;.
Travel and living expenses are in addition to the prices quoted above and will be invoice'd
as incurred and shall be governed, by the HTE Corporate Travel' and .Expense
Reimbursement Policy.
HTE Support Services , ,
The initial term of HTE support services shall commence one hundred twenty (120) days after the Delivery Date of the
Licensed Program(s), and extend for a twelve (12) month term. ' Subsequent terms of support will be for twelve (12) month
periods, commencing at the end' of the initial support period. Support Services do not include mail!tenance on modifications
made to the Licensed Progriun(s) at Customer's request. "Delivery Date" shall mean tIie date HTE delivers, F.O.B. HTE's
offices, the Licensed Program(s) to Customer. The date of such delivery shall be referred to as the :'Delivery Date." For
services, the "Delivery Date" refers to'the date services are performed.
Tbird Party Support Services
The initial term of Third Party application support services shall conunence one hundred twenty (120) days after the Delivery
Date of the Third Party application(s), and extend for a twelve (12) month term Subsequent terms of support will be for twelve
(12) month periods, commencing at the end of the initialsupportperi?d. , " , " .', u
-, - - -
, ,
Testing and Acceptance
There is no Testing and Acceptance period on the Licensed Program(s) herein.
Warranty
The Warranty as defined in,the Agreement shall be for a period of oile hundred twenty (120) days following Delivery Date.
.... -
Application Training
Listed above are the numbers of days of training for the Licensed' Prograrn{s) listed. Additional application training, if
requested by the Customer, can be provided upon request at the standard billing rate in effect at that time. Any fee quoted does,
not include travel and living'expenses. .
Project Management
Project Management fees will be invoiced in the ,amounts and under tbe terms stated above. A mutually agreeable work plan
will be created by the HTE Project Manager aDd the Customer. Additional Project Management, if requested by Customer,
will be invoiced at the standard billing rate in effect at that time. Any fee quoted does not include travel and.living expenses,
Modifications lmd Modification Retrofit Maintenance .
Modifications if applicable will be controlled by the HTE System Change Request (SCR) form, which will be prepared for
Customer by the HTE Product Manager responsible for that module. There will be a Two Hundred Fifty dollar ($250.00) non-
refundable processing fee for preparation of eacb ,SCR requested by the Customer. HTE will proceed on the SCR when the
signed SCR is returned with Customer's authorization along with 50% payment, which includes the non-refundable processing
fee. The fmal 50% payment is due upon completion,
Customer is responsible for the cost for HTE to retrofit its modifications into new releases. Provided' Customer exercises its
option to have HTE maintain specific Modification Retrofit objects and pays HTE's annual Modification Retrofit Maintenance U
fee, support for each modified object shall be invoiced annually. .The current annual maintenance fee of $100.00 per object is
subject to change. Ait~~ t~ JJO. C ()
Scheduled Resource Changes AU C, OF I /
Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in
advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the .
SunGard UTE Schedule A LKEL-~OO50511 Schedule A.doc
,....... following can. cellation charges apply to training and on:site project mariagement sessions canceled at the request of Customer:
\ 1 Cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on-site
project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or
on-site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non-
refundable expenses incurred by HTE for travel expenses. Notwithstaoding the above, HTE will endeavor to reschedule HTE
personoel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such
rescheduling, Customer's payment obligations shall be reduced.
Third Party Software and Hardware
Unless otherwise provided for herein, warranty, modification retrofit and maintenance offerings by HTE for its Licensed
Program{s) do not apply to any third party hardware or third party software supplied under this Supplement. HTEdoes not
make any warranties nor provide any source code for any non-HTE products unless otherwise provided herein. The return and
refund policy of each individual third party hardware or third party software supplier shall prevail unless otherwise provided
herein.
Source Code
Unless otherwise provided herein, the Licensed Program(s) are provided in and may be used in machine-readable object code
form only. HTE offers the Customer, through a third party escrow agent, a Source Code Escrow Agreement that provides for
release of the source code version of the Licensed Program( s) from escrow upon the occurrence of certain release events, such
as HTE's failure to provide required maintenance services as agreed.
Limitation of Liability Additional Provision .
In addition to the provisions of Section XIV of the Agreement, the following shall be added: To the extent permitted by law,
and to the extent provided for under the Agreement and this Supplement, for claims related to bodily injury, death and damage
to real property and tanglble personal property, HTE shall indemnify and hold harrn1ess the Customer from and against all
direct damages and costs of any kind, including but not limited to reasonable attorney fees, arising out of or resulting from any
negligent acts, or negligent omissions of HTE, regardless of whether such claims are caused in part by any party indemnified
/"""'\ hereunder, but not to the extent that the Customer is legally lia1;>le for such damages and costs. In no event, however, will HTE
( 1 be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if HTE has been advised
of their possibility.
Publication
HTE reserves the right to publish certain information regarding this Supplement. Publication may include, but shall not be
limited to, using Customer's name in a press release announcing this Supplement and listing Customer's name on HTE's
complete customer listing that is made available to other HTE customers and potential customers.
Preprinted Terms and Conditions
Preprinted conditions and all oiher terms, not included in this Supplement or in the Agreement, on any purchase order or other
document submitted hereafter by Customer are of no force pr effect, and the terms and conditions of the Agreement, and if
applicable, this Supplement and the Hardware Purchase Agreement if applicable, shall control unless expressly accepted by
HTE in writing to the Customer.
Non-Hiring Statement
During the term of this Supplement and for a period of twenty-four (24) months after the termination of this Supplement, the
Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been
employed by HTE within the immediate past twenty-four (24) months without prior consent ofHTE.
Dispute Resolution
Prior to either party commencing any legal action under this Supplement, the parties agree to try in good faith, to settle any
dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as
may be otherwise provided herein, then either party may commence legal action against the other. Each party hereto agrees to
submit to the personal jurisdiction and venue of the state and/or federal courts in or for Seminole County, Florida for resolution
of all disputes in conoection with this Supplement.
n
~nmNO. (0
IWlI 7 Of l(
SunGard HTE Schedule A
LKEL-20050511 Schedule A.doc
The terms and eonditions eontained in this Supplement, ineluding the prlees, will he honored as set forth herein,
provided tbis Supplement is fully exeeuted hy Angust 9, 2005.' .
'U
This Supplement is suhjeet to the prior exeeution of the Naviline Seleet Migration Sehednle A Supplement number
L}(E~20050212. '
Customer warrants that the a'mounts to be paid hereunder will be paid out of appropriated funds and are not part 'of a
financing arrangement with any third party. .
CITY OF LAICE ELSINORE, CA
Authorized Signature
'UNGARD~,~
. Grant Harbin, Vice President
Print Name & Title
Date
SunGard HTE Schedule A
May 18,2005
'., ,.
~fl'ejJP.
IlWlII o'.
'U
u
co
OF/I
LKEL-200S0SI1 Schedule A.doc
a.WNGARD-
n
HTB INC.
SUPPLEMENT TO'I1iE AGREE~NT FOR lL ToE., INC. LlCENSEDPROG~S
BY AND BETWEEN SlJNGAiID mE INC AND CITY OF LAKEELSlNORE, CA
SCHEDULE A-l'lUClNG Al\iJ)PAYME.NT SCHEDULE
CONTRACT NO. LKEL-20050212
This Supp1emellt is to theAgre."".nl fur JLT.E., Inc. LicensedPrognUns dated April 25, 1990 (Agreomcnt),between
SlUlGardBTE.Ine. (UTE) and ell}' o{LakeElsinore, CA (Customer). Unless otherwise statedbelow,alltmitsanil
conditions as.stated in the Agreernentsbellremain in effect.
DeSignated Machine
Use or the LiCensed Program(s) providM. in this. Sllpplement on platfonns other than specified below, without written
pennissiou from HTE, may be subject to an upgra<iecharge.
Type;
Operating System:
Serial Number
Tape Drive:.
.Model:
(\
. Web Web .
Traiuiog Tral.nlog Implemel!~tiou
SUIlGlIldHTE LlceDS!!1I Lkense Fees Hours Fe~ F_
Nill1Liite Si!lecJMlgfiltkm .
BUildin2Pennits . 81'1 $ Ii liMO 3 $ 450.00
coo;, Enforcement .CEJ 3130.00 3 4$0.00
CMil Receints " CR.! 1(;10.00 3 450.00
A$setM.na~ement - FAJ .1830.00 3 450,00
GM8A ",/Extended ll.ellortiru!' - GMJ/ERl 1.9~:00 3 4$0.00
8,,",lle.. l,.icell""" . OLJ 2.590.00 3 450:00
Payrol1lPerSOllnel .PRl 5080;00 3 450:00
Plannin2 & Zoning. PZl 4920JlO 3 450.00
LandlParcel Man'''emeIJl'I.XJ 3 410.00 3 450.00
SetiliCd $ 6.000.00
.
SunGlird BTE Licensedl'to"".fu TotaJs S 37,300.00 27 $ 4 050.00 S "000.00
bueUpon Due As
Contract . Incurredl
PaymenlSch.dule. Total Contrad l:<tcUtiOD DeUver.1I
License Fees S 37 300.00 $ 31 300.00
Web Trainlu_Fees 4 050.00 $" 050.00
NaViLin" Implementation Pees 6000.00 6.000.00
Grand Tailll $ 47,350.00 $ 43:300;00 $4050,00
NewNaVlJ1ne
SUl!I>ort
Feu'
$ 4580,00
Z ?!la,QO
L250.QO.
I 410.00.
591a:oo
\!I4ll.oo
3.1110.00
3,1i90.00
2900:00
$ 28:$40.00
. .
APPLICABLE TAXES ARE NOT lNCLVDEDlN THlSSCBEDULE, J\ND, IF APPLICABLE, WILL BEADDED
TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENTSEl'ARATEL Y TOnIE CUSTOMER..
Upon execution of Ibis Supplement.
OIl invoice, .. incurred.
Upon eXecution oflhia Supplement.
Prior IX> the commencement of the initial term of SllppOrt. Support fees for subsequent
terms. of support will be due prior to the stlUtof that term atlhe then prevailinJl ",Ie. .
Rates for subsequent years of support service .ll:te subject to change.
~nmoo (0
"~o, 1/
L!(J;L 20050212- &:bodulc Ado"
Moroh l,>1)CS
(1
'payments: . ..
THE AMOUNTS NOTED ABOvESlULL BE PAYABLE AS FOLLOWS:
License Fees:
Training Fees:
Implementation Fees:
Support Fees:
SunGard t1TE 'sc.ht.duk l\
VCf. OSlZf;i(}4 .
10f3
Travel and Uving Expenses: Tiavel and living expenses are in addition to the prices quoted above and. will be invoiced U
as incurred and sball be governed <by the HTE Corporate Travel and Expense
R.eiml>u!semeDtPolicy.
HTE Support Sen'!cu
INew NaviLine Annual Support Fe", listed bereinreflect the new support fees on the LicenSed Progmns being migrate<ito
NaviLine. Customer's current support fee~ will be adjU$ted pro-rata accordingly. Such annual support fees are effective
uPOn HTE's.receipt of this SupplOmertt executed by Customer providedtbcre is mutllalagreemeuton any changes made to
this Supplement by Customer upon its mum to 1trE, Support feesfor:rubsequentteIID! ofsupport for aU software licensed
from HTE will be due prior to the.tan of that term at the-then prevailiDg fate, ProvidedCusmmer agrees to migra!eto lbe
NaviLine version of the Licensed Prograins, there will be no support service pricing based the Consumer Price Index or any
other, caps, for any software licensed Ihrough lITE.
TuUng llJId Acceptance
There is no Testing and Acceptance period OD the Licensed Program(s) herein.
Warranty ,. ., '
The Warranty as defuied in tbe Agreement shall be for a period of one hundred twenty (120) daysfo\lowing Delivery Date.
''DC1.ivery Date" shall mellJl th.e.date HIll deliven, F.O,ll.lITE's o.mces, the Lice. use. d Program(. s) to Customer., . Thi. daic of
such delivery shall be referred tOBs the '"Dell""'}' Date." ,For service$, the "Delivery Date" refers to the dlI.te scrVii;esare
perl'mmed.
Application Web Tralnlng .
Listed above are hours of training for the Licensed ~..u(s) listed. Additional application training, if requested by the
eostomer, can be provided upon request at 'the standard bil1ing rate in effect at thottime. Any fee quoted ~ not include
travel and living expellSes. '
Projeet Mallagement
ProjectManagemen~ ifrequestedcby CustOIner,will be invoiced at the standitrd billingrati:: in effect at that time. Any fe,; U
quoted does not include travel and living eXpenses.
Modifications and Modlflcatton.Refrollt Maintenance . .
Modifications, if applicable, wilLbe controlled by the HTE SystemCbange Requesl (SCR) fonn. .which will be prepared for
Customer by tbeHTE,Product Manager responsible fOr thai module. There willbea Two H1mcIred Fifty dollar.($2S0.00)
non-refundable processing fee forpri:parationofeach SCR recjUested by the Customer. lITE will proceed on the SCR when
the signed SeR is returned with Customer'sauthoriution along ,vith 50% paymen~ whiCh inclUdes the oon..refundable
processing fee. The final 50% payment is due upon completiOlL
'Customer is responsible for the cost for H1'Eto retrolit its modilicatiollS into new releases. Provided Customer exercises its
option to have HTE m.wroin specillcModlfication Retrolit objects and pays HTE's annual ModificatinnRetrofit
Maintenance fee, support for each modified 'object shall be invoiced annually. The cUrrent annual maiirtenanoe fee of
$100,00 per object is subject to cbange. .
Schedu1ed.~Resource.Changes _ .
Customer acknowledges thetlITE makes every effort to schedule training and project managCment .sessions sufficiently in
adVlUlce to malee effective use 'of lITE's personnel and to obtain favorable prices for travel and living. Accoidingly,the
following cancellation cbarges apply 10 training and on-site project management. sessions canceled at the request of
CustOlIltr. Cancellation within seven (7) days of start date, Customer pays fifty percent (50"A.) of the total priCe for the '
!raining or on,site project management; cancellation within three (3)dlI.ys of start date, Customer is responsible fOr entire
price aftbe treining or on-sile project tnanagement In addition to the foregoing, Customersball be obligated to reimburse
lITE for any non. refundable expenses incurred by HTE for travel expenses, Notwithstanding the above, HIll will i:ndeavor
to rescbedule HTE personnel in order to mitigate Customer's costs and expenses nneler this pmgraph. To the extent HTEis
successful in such rescheduling, Customer's payment obligations sh3ll be reduced:
Sonree Code
Unless otherwise provided berein, the Licensed PrOgram(s) are provided in and may,be used in machine-readable object code U
form only. lITE offers the Customer, through a third party e.seraw aJl1'D~ a Source ,Code Escrow Agreement that provides for
release of the source cooe version of the LicenSed Program(s) from escrow upon the occurrence of certain release events,
such as HTE's failure to provide required maintenance services as agreed. ~~,lo am NO. (~
PNJ!J. I (') OF _'
SunG1rd HT. SchOll"" i1.
Vcr. 05126/04
2 on.
LKEL 20050212,. S<hedule A.do<
M....b 3. :!Dos
('
('
n
Lln:litation of Liability Additional Prmisil>n
In addition to the provisions of Section XIV oftheAgreemtrit,the following sball be added: To the extenll"'utJilLW by law.
and 10 the extent provided fot IIIlder the Agreement and.tilis SuppIemcnt,fur claims related to bodily i!ljllry. death and
damage 10 real prop. CIty. and 11mgib. Ie personal property, lITE.. .sJmII ind""",.fy and hold htrml..... eso the Customer ftoinand
against an direct damages. and costs of any kind,~g bnt not limited 10 reas<i1ll1bleattotney tees, arising out of or
resultillg from any nellllgent acls, or neWl'nt(>Dlissi......oflffE, iega.rdlessofwltetIreUuc~ claims are causedinparlby any
partyillilemnified bereunder. bJrt not to the exteI1l tbatl!iCCustoJm:tis legallyiial>~ fur _h damages and costs. In no event,
however, will HTE be liable for any Co~ liamages, including lost profits, savings or .......~_.;..."t eo<Is, even if
lffE bas been advised of their pos.ibility'.
PubliClltion
H1'E mervestbe right to publish c_in iDfonnalion repdinglhls Snppre-m. PublicatiOn may include, but sball1lOtbe
linritedto, using Customer's name in.. PfCss ~ lIIUlO1IlICing lhls SUpplemelltand listing CusIomer's Dame oolffE's
complete customer listing that is made available .toother fl1'E customen and poteiltial customers;
Preprinted Terms andCondlllons
Preprinted conditions and all other terms,. Dol included in tilisSuPPlemoom 01' m the A,,_nt, 00. anypurebase 0me.0I'
other document ..wnuttedberellfu:r by Custo""7....ofAA~or efThOt,and the~ andCOllliitiou$ofthe A&i~~
and if applicable, this Snppl""",utand the Hardw.:m1'uJ:t:base AgteOmJmt if applicable, 'ball control unless expreuJy
accepted by lITE in writing to the Customer. . .
Non-llltllig Statemeot
During lhe tel'll1 of dris Supplement and for a period oftwenty-fuur(24) tnontbs afu:r the termiI'lation of dris SUpplement, lhe
Customer may. not off.r to hire or in anY "",yomploy or eompensateatIY oftbo employee. ofHTB or persons who have been
employed by mE within the imrnediJjte pl!Sl tweDty-four (24)tnontbs witbout prior consent ofHTB.
Dispute Resolution
Prior to .either party c()D1ttleIlcing any legal aclion uoder .this SUpplement, lhe parti.. agree to try in &9Od faith, to .ettIe any
dispute amicably between them. If a dispUte ha$11Ot beell.settied a1Ulrfurty-Jivc (45) daysnfgQOO..fajtb ntgotiatinus and as
may be otherwise provided herein. tbenei!herparty may C9'''''~'lePI aetion agalnst!hll otIior, ~ party hereto aareco
to wbmit to the persona! jwisdiclion and venue oftbc state and/or ft:deral courts in or for Sominolo County, ~ for
resolution of all disputes. in connection withlhis SUpp1emelll.
The termsnnd eondillons eoulllined In this ~~ lndudlng lJu> priCes, ....m 00 honored as set forth bereln,
pn>videdtbis Supplement Is fulljl execllted bY Jwie 6, 2lI05'
C~loltler warraut. that tbe aIDOUlljSlo be pllid hereunder will be patd ont of appropriated fnndund are nol part of
allnandog arrangement with any'tblrdpariY.
CITY OF LAKE ELSINORE, CA
SUNGARDBTE INC.
~.~
AllthOrI2e4Si
RONALDE. ~ROW
Executive Vu:eP'residtmt,H. TE..Inc.
Print NIlllli: & TItle
Authorized Signature
Print Name & Title
31>ldo5
Date
Date
'~i\n~NO. (n
MOl 1/ OJ 1/
SunG.rd lITE Schedule A
V<:t.05fltilO4
300
LKEL ~0050:l12- S<bedule A.4oc
Mud\ 1. 200S
u
"
u
u
(\
(\
n
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
. ., ,
DATE:
JUNE 14, 2005
SUBJECT:
FEDERAL SURPLUS PROPERTY PROGRAM
BACKGROUND
In April of 1998, the City became a participating entity of the State of CalifornJa
Department of General SerVices Federal Surplus Property"Program. The program
makes Federal surplus property available to other Federal agencies as well as State and
local agencies in that order of priority. Equipment is made available at costs reflective
of processing fees and/or transportation costs borne by the Procurement Division for
the State of California.
In November of 1998, the City took possession of a large pontoon boat for use by Lake
Operations at a cost of$2;500 through this program. The vessel was initially purchased
by the Federal Department ofFish and Wildlife at a cost of $82,000 in 1988.
DISCUSSION
Staff is requesting approval to continue eligibility in this program through City Council
authorization. The attached renewal application lists the suggested authorized
representatives ofthe City to acquire Federalproperty.
FISCAL IMPACT
There are no fees associated with the City's eligibility to participate in the program.
AGENDA ITEM NO. 7
- PA~OF \ ~
REPORT TO CITY COUNCIL
JUNE 14, 2005
PAGE 2
RECOMMENDATION
It is staff s recommendation that the Mayor and CityCoundl authorize the City Manager
to sign the application and direct the City Clerk to execute the document.
PREPARED BY:
D
e...,....-
o SAPP, DIRECTOR
APPROVED FOR
AGENDA BY:
CI
; )
. ' ..,}
"
(.;
. .,
- . ,,~
"
; 1;:
4\tiENDA ITEM NO.
- PAOl! d
/
OF 3
u
u
u
State of California
Department of General Services
Stole Agency for Surplus Property
~1 Burning Tree Rood
~ 'lIertori, CA 92~3 (714) 449-5900
SASP Form 201-.6. 3/92
ELIGIBILITY RENEWAL APPLICATION
FEDERAL SURPLUS PROPERTY PROGRAM
Name of organization City of Lake Elsinore
Address 130 S. Main Street City Lake Elsinore
Organization is a:
. PUBLIC AGENCY --2L-.
_ A. Conservation
_ B.. Economic Development
_ G Education
~ D. Parks and Recreation
~ E. Public Health
~ F. Public Safety
~ G. 2 or more listed
_ H. Other (includes
library/museums)
----'- I. Homeless Program
Telephone 951-674-31211
County RiversideZIP 92530
NONPROFIT AGENCY ~
_ J. Private Education
_ K Private Health
_ L. Older Americans Act fOT Sr. Citizens
~. M. Homeless Program
NOTE: Categories ]-K-L-M
Number-of sites
Enrollment or number of clients served
RESOLUTION
. "BE IT. RESOLVED by the Governing Board, OR by the Chief Adminisrative Officer of those
organizations which do not have a governing .board, and hereby ordered that. the official(s) and/or
emp.loyee(s).. wh..ose nam.e(s), t.itl.e(s),. and signature(s).a. re .I.isted belo.w shall be a.nd is (are) hereby
authorized.as our representative(s) to a~quire federal. surplus properly from the California State
Agency for Surplus Properly under the Ternls alldCoooitlons listed on the reverse side olthis form;"
NAME-(Print or type)
n Matt. Pressey
David Sapp
Pat Kilroy
Jon Fazzio
Bill Payne
TITLE SIGNATURE
Director of Administrative Svcs.
Director of Community Svcs.
Director of Lake/Aquatic Rec.
Parks/Open Space Manager
Public Works Mimager
PASSED ANDADOPTEP this ~ day of June
City of Lake Elsinore
,~5,hy the Governing Board of
by the following vote:
Absent: _'
Ayes: _; Noes: -----'-.-_;
I, ,Clerk of the Governing Board of
do bereby certify that the foregoing is a full,
true, and correct copy of a resolution adopted by the Board at a meeting thereof held
at its.regular place of meeting at the date and by the vote above slated, which resolution is on file in
the office of the Board.
(Signed)
AUTHORIZED this_ day of
Name of Chief Administrative Officer
(Signed)
(\
Application approved:
Com~eilts or additiomil. information:
FOR STATE AGENCY USE
Application disapproved:
ACEN9A ITEM NO.
PACE ,q
-7
OF ,~
Date:
Signed:
(mle)
..1;
.~ '
.'
..u
"
,
u
u
n
n
(\
TO:
FROM:
DATE:
SUBJECT:
BACKGROUND
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
MAYOR AND CITY COUNCIL
ROBERT A. BRADY, CITY MANAGER
. .
JUNE 14,2005
. .
. .
.
;.
AGREEMENT WITH T.G.A.m;VELOPMENT &
ENGINEERING, INC., TO PROVIDE PLAN CHECK
. SERVICES TO THE ENGINEERING DIVISION.
Due to current staffing and workload, most plan checking is performed by private
consulting engineers. Presently, the Engin~ering Division contracts with Harris &
Associates and Berryman & Henigar, Inc., to perform its plan checking services.
DISCUSSION
,:'-.-
The Engineering Division~ishes to contract with TG.A. Development &
Engineering, Inc., for plan checking' services. The service will include review of
grading plans, street improvement plans, storm drain plans, hydrology and
hydraulic studies for compliance with City regulations and project conditions of
approval. The addition of T.G.A. Development & Engineering,Inc., will provide
increased service in the processing of private development projects. The fee
schedule provided by T.G.A. Development & Engineering, Inc., is. consistent with
the existing plan check rate.
The agreement withT.G.A. Development & Engineering, Inc., is for a period of
one (l) year. It is not an exclusive contract and the City may retain its other
consultants to perform other work or the same work being performed by T.G.A.
Development & Engineering, Inc. The City Attorney's office has reviewed and
approved the Agreement.
AGENDA ITEM NO.
PAGe I
C?
OF \::=t
REPORT TO CITY COUNCIL .
JUNE 14,2005
PAGE 2
FISCAL IMPACT
None. The services being performed by T.G.A. Development & Engineering Inc.,
are funded by developer's plan check fees. '.
RECOMMENDA nON
Staff recommends that the City Council approve the Agreement with T.G.A.
Development & Engineering, Inc., and authorize the City Manager to sign the
contract.
PREPARED BY: .
<
'>
APPROVED FOR
AGENDA BY:
.,
. Ken~. s~uma~o,CitYEngineer~)
j.
~,
'Attachment: Agreement for Professional ServIces
:,
;;. ~~
; ,
. 01:
, ,
'," .
,,' "'i'
,<
i'
'. ''''
., ":
" ,
:.) : ~
AGENDA ITEM NO.
PAGE 2
'1
R
OF \~
u
u
u
("1
AGREEMENT FOR PROFESSIONAL SERVICES
. This Agreement for Professional Services (the "Agreement") is made and entered into as of
the _ day of , by and between the City of Lake Elsinore, a municipal
corporation ("City") and TGA Development & Engineering, Inc., a corporation ("Consultant").
RECITALS
,:
A. Consultant is specially trained; experienced and competentto perform the special services
~hich will be required bylbis Agreement.'
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to proVide the services described in this Agreement on the terms and conditions described herein.
C. .City desires to retain Consultant to render professional consulting services and related work
. as set forth in this Agreement.
AGREEMENT
1. Scope of Services: Cbnsultantshall perform the services described on Exbibit A which is
attached hereto and incorporated herein by reference.. Consultant shall provide said services at the
time, place, and in the rilani1erspecified in Exhibit A, subject to the direction of the City through its
n staff that it may provide from time to time.
2. Time of Performance: The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of one (1) year.
(1
3. Compensation. Compensation to be paid to Consultailt shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference.' In no event shall Consultant's compensation exceed $ without additional
authorization from the City. Payment by City under this Agreenient shall not be deemed a waiver of
defects, 'even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month; Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City' shall pay Consultant no later than 30 days
after approval ofthe monthly invoice by City staff. When payments made by City equal 90% of the
maximum fee provided for in this Agreement, no. further 'payments shall be made until the final work
under this Agreement has been accepted by City.'. . .
5. Extra Work. At imy time. during the teim of this' Agreement, City may request that.
Consultant perform Extra Work As used herein, "Extra Work" means any work which is dete'nnined .
by City to be necessary for the proper completion of the Project, but which the parties did not
reasonably anticipate would be neCessary at the execution ofthis Agreement. Consultant shall not
perform, nor be compensated for, Extra Work without written authorization from City. Extra work .
will be invoiced separately from services performed in accordance with the Scope of Services
1
ACENDA ITEM NO.
PACE ~
R
OF \-=t
6. Termination. This Agreement may be terminated by the City immediately for cause or by U
either party without cause upon thirty (30) days' written notice oftermina,tion. Upon termination,
,Consultant shall be entitled to compensation for. services performed up to the effective date of
terminati()n.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal doc1l1llents" shall become the property of the City
upon payment to Consultant for such work, and the City shall have ,the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Con~ultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City upon written request. City acknowledges that any use of such materials in a manner
beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further
agrees to defend; indemnifY and hold harmless Consultant, its officers, officials, agents, employees
and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expenses in connection therein), arising out of the City's use
of such materials in a manner beyond the intended purpose as set forth herein. '
a. Licensing of Intellectual Property.: This ,Agreement ,creates a nonexclusive and
perpetual license for City to copy, use, modifY, ~euse, or sublicense any and all copyrights, designs,
and other intellectual property embo,died in plans, specifications, studies, drawings, estimates, and
other documents or works of authorship fixed in any tangible medium of expression, including but U
not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caus!ld to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require that all subcontractors agree in writing that City is granted a
nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this
Agre!lffient.. Consultant represents and warrants that Consultant has the legal right to license any and
all Documents & Data. Consultant makes, p.o such representation and warranty in reg~d to
Documents & Data which were prepared by design professionals other than Consultant.or provided
to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at
any time, provided that any suqh use not within the purposes intendedby this Agreement shall be at,
City's solerisk.
'.
b. ' Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input r:ecord data, written information, and other Documents &
Data either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed, to any person or entity not.
connected with the performance of the services under this Agreement. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs relating to project for which Consultant's services are rendered, or any publicity,
pertaining to the Consultant's services under this Agreement in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent
of City., \ ; ,;"
u
2
ACENDA ITEM NO.
~, Dar." l..\
'6
OF \ '=T
o
8.
Consultant's Books and Reccirds.
a Consultant shall maintain anyandall'ledgers, books of account, invoices; voucherS,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period ofthiee (3) years, cirfor any
longer period required by law, from the date of final payment to Ccinsultant t6 this Agreement.
, li.-'
b. - Consultant shall maintain all documerits and recordS which derrlonstrate performarice
under this Agreement for a minimum period of three (3) years, or for any longer period required by
laW, from the date Mtermination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at ariy time during regular business hours, upon written
, request by the City Manager, City Attorney, City Auditor or a designated 'representative of these
officers. Copies of such documerits shall be provided to the City for inspection at City Hall when it is
practical to do so. OtherWise, unless an alternative is mutually agreed upon, the records shall be
available at Corisultant'saddress indicated forreceipt of notices in this Agreement.
o
d. Where City has reason to believe that such records or documents may be lost or
discarded dueto dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above-named officers; require that custody of the records be given to
the City and that the records and documents be maintained in city Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor-in-interest. \, :
c,
9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may
have to any such rights.
_ 10. Interests of Consultant. Consultarit (including principals, aSsociates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest,' direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real prop~rty or investment which would be affected in any
manner-or degree by the performance of Consultant's services hereunder. Consultant further
covenarits and represents iliat in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meamng of the Political Reform Act
because Consultant:
o
, . a. will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control and direction of the City
or of any City official, other than normal agreement monitoring; and
3'
ACENDA ITEM NO;
...",..-. c:::::
~
OF \ "\-
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counseL (FPPC Reg. 18700(a)(2).) U
II.; Professional Abilitv of Consultant. City has relied upon the professional training and ability
of Consultant to perform the serviC(ls hereunder as a material inducement to. enter into this
Agreement. Consultant shall therllfore provide properly skilled professional and technical p,ersonnel
to perform, all services under this Agreement. All work performed by Consultant, under this
Agreement shall be in accordance with appli~able legal requirements and shall meet the standard of
quality ordinarily to beexpe~tedof competent professionals in Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard .of,care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
'"
13. Licenses. Consultant represents and warrants to City that it hall the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant
to practice its profession. Consultant represents and warrants to City that Consultant shalI,'at its sole
cost and expense, 'keep in effect or, obtain at all times during the term of this Agreement, any .
licenses, permits, insurance andapproval~ which are legally required of c;onsultant to practice its
profession.
,~, i;'
14. Indemnitv. Consultant agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employees. and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the performance of this Agreement.or its failure to comply with U
any of its obligations contained in this Agreement, excllpt for any such claim arising out of the sole
negligence or willful misconduct of the .city, its officers, agents, employees or volunteers.
IS.
Insurance Requirements.
,-. ~~
a. Insurance. Consultant, .atc;onsultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
,Compensation Insurance and Employer's Liability Insurance for hislheremployees in
accordance with the laws of the State of California. In addition, Consultant shall
,require each subcontractor to similarly maintain Workers' Compensation Insurance .
and EI:llployer's Liability Insurance in accordance with the laws of the State of
, California for all of the subcontractor's employees. Any notice Of cancellation or
non-renewal of all Workers' Compensation policies must be receivedb~ the City at
least thirty (30) days prior to such change. The insurer shall agree to wliive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Consultant for City. : .1" :
" ii. , General Liabilitv Coverage. Consultant shallmaintain commercial general
,.liability insurance in an amount not less than one million dollars ($1,000,000) per,
occurrence for bodily injury, ,personal injury and .property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
U
4
ACENDA ITEM NO. '8
- PACE (Q_OF \ ~
n
either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit. shall be at. least twice the
required 'occurrence limit.
111. Automobile Liabilitv Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury'and 'property damage for all activities of the
Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage' for owned, hired and non-owned vehicles,. in an
amount of not less thari one rriillion dollars ($1,000,000) combined single lirillt for
each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional
errors' arid . omissions liability insurance for protection against claims alleging
negligent acts, errorS or omissionswhich may arise' from Consultant's operations
under this Agreement, whether such. operations 'by the Consultant or by its'
employees, subcontractors, or subconsultants. The amount of this insurance shall not
be less than two hundred and fifty thousand dollars ($250,000) on a Claims-made
annual aggregate basis, or a combined' single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the
following specific language: ' ,
(\
i The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability arising out
of work performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such:work or operations. ' ,
, . \' '~;
11. . This policy shall be considered primary insurance as respectS the City, its'
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance onlY' and shall not contribute with it.
111. This insurance shall act foieach insured and additional insured as though'a
separate policy had been written for each, except with'respect to the limits ofliability'
of the insuring cOmpany. " ,
iv. The insurer waives all rights of subrogation against the CitY, its elected or
appointed officers; officials; employees or agents:
" .
:\,
v. ," Any failure to comply with reporting provisions of the policies shall notaffect
coverage provided to the CitY, its elected or appointed officers, officials, employees,
agents, or volunteers. '
n
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in. coverage' or in limits except after thirty (30) days written'
notice has been received by the City:
5
AGENDA ITEM NO.
4-
~
or- \ '::i-
Ii,
,c. '. Deductibles and Self-Insured Retentions. Any deductibles ~r self-insured retentions U
must be declared to and approved by the City. At the City's option, Consultant shall demonstrate
financial capability for payment of such deductibles or self-insured retentions.
.Ct' ., .
d. Certificates of Insurance. .C~nsultant shaIl provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such, insurance shall lJe filed with, tj1e City on or before cOl!llIlencen;Ient of performance of this
Agreement. Current certification of insurance shall, be kept on file with the City at all times during
the term of this Agreement. "
16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
. - .
party at the address set forth below, Notice shall be deemed COmmunicated within 48 hours from the
time of mailing if mailed as provided in this section.
,.' ,
If to City:
"
,
, City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
--;."
'1
If to Consultant:
TGA Development & Engineering, Inc.
Attn: Rene Guerrero
1181 California Avenue, Suite 10lB
Corona, CA. 92881
U
..c ,"
.17. Entire Agreement. . This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
'-
18. Amendments. This Agreement may be modified or ~ended only by a written document
executed by both ,Consultant and CitY and approved as ,to form by the City Attorney.
6,
ACENDA ITEM NO. ~
PACE 8 OF ~
("'\ 21. Severability. If any term or portion of this' Agr~ent is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect. .
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the iliws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expense; and Attornevs' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorney's fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall
have the option to strike two of the five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. Ifthe dispute remains unresolved after mediation, either party may
commence litigation. .
(\
25. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. ill approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart.
26. Authoritv to Enter Agreement. Consultant has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and to bind each respective party.
27. Prohibited illterests. Consultant maintains and warrants that it has not employed norretained
any company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, City shall have tlie
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom.
("'\
28. Equal OpPOrtunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
7
_ AGENDA ITEM NO.
",^"e Q
B
OF \ 4-
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise U
program, Affirmative Action Plan or other related programs or. guidelines currently in effect or
hereinafter enacted. . . . .
IN WITNESS WHEREOF the parties have caused 1:his Agreement to.be executed on the date
first written ab~ve. . . . . , . .
CITY OF LAKE ELSINORE:
CONSULTANT:
~.
. ftzlNClrAL-
TGA f>€YEl<JrVUBN'T -f/3^,GlMEiEett-J.
lAIC _
ATTEST:
City Clerk
Hj
APPROVED AS Tp.FORM:
,
.,
f',: 1
."
U
City Attorney
'j,f
/- I ~l
.'
I'
", ,
. 'j
"!O':,. I
.!, '
.,'
()
8
ACENDA ITEM NO.
PACE 10
R
OF l ~
n
n
n
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Schedule'. .
Exhibit C - Certificate of Exemption from Workers' Compensation Insurance
Exhibit D - List of Subcontractors .
-
, ,
..,; .
,1.
AGENDA ITEM NO. n
PAGE \ \_ OF \-=i--
EXHIBIT "A" .
SCOPE OF SERVICES
for
CITY OF LAKE ELSINORE
TGADevelopment & Engineering, Inc. shall perform the following tasks:
I. DEFINITIONS
As used in this Agreement, the following definitions shall be applicable:
I. TGA. Consultant shall mean TGA Development & Engineering, Inc., located at
1181 California Avenue, Suite 10 I B, Corona, CA. 92881.
2. Client. Client shall mean the City of Lake Elsinore, a municipal corporation,
located at 130 South Main Street, Lake Elsinore, CA. 92530.
3. City Council. City Council shall mean the City Council of the City of Lake
Elsinore.
4. Services. Services shaH mean the services to be performed by TGA pursuant to
this Agreement.
5. Satisfactory. Satisfactory shall mean satisfactory to the City Manager of the City
of Lake Elsinore or hislher designee.
II. PLAN CHECK SERVICES
In checking of IMPROVEMENT PLANS, TGA shall perform the following work
for each project: These procedures may be modified as deemed necessary when
mutually agreed upon. This does not include traffic signals and traffic signal
facilities.
I. Upon initial receipt of a request for plan check, the Client shall perform a
preliminary review of the plans to ensure that complete plans are submitted
before forwarding them to TGA.
2. TGA shall pick up plans for checking immediately from the Date of
Notification by the Client to do so.
3. From the time of pick-up of plans from the Client to delivery back to the Client,
TGA shall complete each check within two weeks. Large plan sets may require
more time as agreed to by the Client.
City of Lake Elsinore
~xhibit A
TGA Development & Engineering, Inc.
ACEND~lll&.
PACE \2....
u
u
u
~
OF \-:t-
("\
(\
("\
4. For "fast track"projecis, TGA will b~ at City Hall within one working day to
perform the review.
5. Determine ifthe plans are in conformance with applicable conditions of
approval and any approved tentative map. ' , '. ' , '
t"
6. Check hydrologyaild hydraulic calcuhitions, 'and the desi~ of any stOITn drain
system. .
. I'.
7. Determine any diversions, concentrations or increaSe's in drainage flow; and any
potentia1'for damage to off~site property resulting from such'drainage.
8. Determine requirements for any off~site'easements and whether they have been
obtained. ' ,
9. Determine any encroachtllents'on adjacen~ property.
10. Check stopping sight distance, horizontal radius, and vertical curves on streets
applicable. Check for street lights, paving 'sections and super e'il:vation., '
II. Determine that the plans as submitted are in conformance with the Municipal
, Codes and other applicable $tandards used by the Client (Riverside County and
Lake Elsinore Design Manuals). '" " "'," .', '
, > ,I . . "J .
12. Determine that the improvement plans are in conformance with the approved
grading plan and final map, if applicable to the project: A'copy of the grading
plan and final map will be furnished by the Client.
In checking ofGRADINGPtANS, TGA shall perform the following:
1. Determine if the plans are in conformance with applicflble conditions of approval
and any' approved tentative map. ' , " ", "" .
.:r . I_'l:'
" '
r. ,.
3. Compare the grading plan with the'recomniendations in the 'soils report provided
and check that the specifications and details in the soils report are included in ,the
plans. If applicahle, check with City's GeotechnidiI Engineer for comments on
applicant soil report and check for compliance with Geotechnical Engineer'
requirements. Make r'1commendatiol! on necessity for additional soils review. ,
~ . ,.;' , , .
4~ Compare the grading plan with the grading shown on any tentative map,
. r '. i .
5. Compare the grading plan with the improvement plans for the project: '
City of Lake Elsinore'
Exhibit A .
TGA Development & EngineeriIig; Inc.
, ACEiVe'A~~~O.
PACE 13
8
OF I ':1-
2
6. Compare the grading plan with the approved environmental information.
." - .' '" . .." ' " ,. f , ., .'
7. Check for the following technical items:
.., . -. ," . .
a. Slopeset'back from property line per ~ading ordinance..
b. Identification of property and easement lines.
. c. Amounts noted for excavation, fill, and import or export (cubic yards).
d. . Cut slope and fill slope' ratios.' . .,' ". . ..
e. Existing contours.
f. Finalgrades shown by contours' or spot elevations. . ' '. , '
g. "Location of cut and placement of fill (dayligb,t ll!Id linui lines'shown on the plan).
h. Typical lot drainage. '.,' ' ,
L Typical "erm or swale at the top of tpe fill.
J. Typical brow ditch. ' , . .
k. Terrace drains.
I.. Percent of grade of streets and driveways, length of vertical curves.
m. Horizontal and vertical ~ite diStance; cros~ checl("thiswith improvement plans.
, ,~.
. I _ '! . . f"... .
8. Check hydrology and hydraulic ~alculations, and the designofl/).e drainage
. system. ' . .
9. . Determine any diversio~s, concentiatio~s or increas~s in drainage flow, ~d any
potential for damage to off~site property resulting from such draiu'age. Check for
adequate capacity of brow ditches and doWn drains.'
, .. J '-... c
10.', Check for non-erosive,veiociti~ at point of discharge oradequate energy'
, . dissipation. '.' ' . : ,; "" .., .
II. Review erosion ,control measures and check for ,conformance with ilPplicable
codes and the City's Erosion COlitrol Standard Plan. ' , ,
. ' ,'. .' 10<' ' ,~ . \, , '",,". . _ ~; . : ')
12. When requested by the Client, perform reviews at City Hall for "fast track"
projects. Begin review within one day of notice: ,. " .. .
. .'"! ',' ,! '._ . _ l ",.., .' ,. .' ,
13. Review plans for conformance with applicable City CO,des, LIke Elsinore.
General Plan Standards, written policies, improvement plans, final map, and other
adjacent improvement dOCuments furnished by the Client.
.' " '. ' .' _' - _ . ,I .,
14. Provide up ~o four plan checks. If more plan chec~s ar~ required, the Cli~nt may
collect additional fees. .
. ) . . >.J ' , ~.
. . . .
.. I '..'. ,;' ,
In 'checking of FINAL MAPS, TGA shall perfoml the following: .
, . .
I. Check for compliance with Subdivision Map Act, the Lmd Surveyors Act and'
City ordinances. ", , ., 'I '" "
City of Lake Elsinore
Exhibit A '
TGA Development & Engineering, Inc. .
AC~I~NO.
PACE \ 4
3
u
u
u
R
OF I +
n
(\
('.
2. Determine that the map is in conformance with applicable conditions of approval
and the approved tentative map.
3. Check that the format is in compliance, with the Client requirements.
4. Check Title Report and Subdivision Guarantee, andverif'y that all easements are
noted on the map, the legal description conforms with the map, and all parties
required to sign the map have done so.
5. Check traverse clostire for lots, blocks, and boundaries .and easements for
acceptable closure.
6. Provide up to four plan checks. If more plan checks are required, the Client may
collect additional fees.
..
City of Lake Elsinore
Exhibit A
4.
TGA Development & Engineering, Inc.
June 6, 2005
ACENDA ITEM NO.
""",..~ \ c:;
8
ns:\+
Work Item
Plan Check Services
. Improvement Plans
. Grading Plans
. Final Maps
EXHffiIT "B", .:
FEE FOR PROFESSIONAL SERVICES
CITY OF LAKE ELSINORE
65% * of City Fees
i. 65% * of City Fees
75% of City Fees-
* 70% of City Fees for Fast Track Projects
'.,1
Other Services
. Not described above
City of Lake Elsinore
Exhibit B
0,
Time and materials basis in accordance
with the latest "Schedule of Hourly Rates"
as detailed in Exhibit "C", or a fixed lump
sum fee as mutually agreed upon prior to
the start of work.
2
TGA Development & Engineering, Inc.
June 7 2005.
ACENDA IteM NO.
l-~~I:': \ \ i)
u
u
u
g
nl' \~
n
EXHIBIT "COO
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION
INSURANCE
I hereby certify thlit in the performance of the work for which this Agreement is
entered into, I shall not employ any person in any manner so as to become subject to the
Workers' Compensation Laws of the State of California
day of
,~~-
Consultant .
MAI'JtlEL GplJ~>
f/2-f/JclJ>AL
I
lifA {)EvEUPIMEJ../T '; ENGIIJC.EfZ.ING, INC.
Executed on this
California.
(\
n
, 2005 at
ACENDA ITEM NO.
PAGE \ 4-
R
OF \ '"4-
~'
u
'.
--
u
u
(\
(\
(\
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
.TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JUNE 14,2005
SUBJECT:
APPROVAL' OF FINAL PARCEL MAP 30395,' AN
INDUSTRIAL COMPLEX LOCATED WEST OF
PASADENA STREET AND NORTH OF THIRD STREET.
BACKGROUND
Tentative Parcel Map 30395 was approved at the regular City Council meeting on
November 23, 2004. The Final Parcel Map 30395 represents a consistent division
of the origInal tentative map and consists of approximately 11.496 gross acres that
are being subdivided into 12 industrial parcels.
DISCUSSION
Staff has reviewed the parcel map and it conforms substantially to the tentative
parcel map and all Conditions of Approval required at the final parcel map stage
have been completed.
FISCAL IMPACT
None.
"
A~!:'.!f'.(' !TiSM NO. a ,
y~l',," ~
- PACE \ Or-
REPORT TO CITY COUNCIL
JUNE 14,2005
PAGE 2
RECOMMENDATION
u
1. Approve the parcel 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.
PREPARED BY: Ken A. Seumalo, City Engineer ~
APPROVED FOR, .
AGENDA BY: , ,. U
Attachment:Final~ap
, ',';,'
; ,
AGENDA ITEM NO.
PAGE ~
u
9
OF -z...
[\
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:.
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JUNE 14, 2005
SUBJECT:
REQUEST FOR NO PARKING ON GRANDVILLE
AVENUE AND SKYLARK DRIVE
BACKGROUND
{\ Staff has received compl~ints regarding. public nUIsance nOIse from parked
vehicles on the two subjeCt streets.
DISCUSSION
Input from neighborhood meetings indicates that from time-to-time vehicles park
on the easterly side of Grandville Avenue south of Half Moon Drive and on either
side of Skylark Drive north of Palomar Court. The people in these vehicles gather
and cause noise and other nuisances disturbing the peace and quiet for the
neighborhood.
The subject streets are local, residential. streets and provide no access to the
adjoining properties. There are no fronting structures and the need for
neighborhood parking amenities is not justified.
There is adequate parking available for the neighborhood if no parking zones are
established in these areas of nuisance.
n
The Lake Elsinore Municipal Code permits the City Council to approve No
Parking Zones by. resolution. A resolution has been prepared for Council
consideration of the above No Parking Zones.
ACENDA ITEM NO. 10
- Pf;GE----LPF_~
REPORT TO CITY COUNCIL
JUNE 14,2005
PAGE 2
FISCAL IMPACT
The fiscal impact is approximately $500.
RECOMMENDATION
Approve the attached Resolution No. 2005- . prohibiting parking on the east side
. -
of Grandville Avenue from Half Moon Drive south to the end and on both sides of
Skylark Drive from Palomar Court north to the end of pavement.
PREPARED BY:
Chuck Mackey, City Traffic Engineer
APPROVED FOR
AGENDA BY:
u
u
u
AGENDA ITEM NO.
PACE Q
\0 .
OF --3...-
(\
(\
{\
RESOLUTION NO 2005,-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE ESTABLISHING
NO PARKING ZONES ON CERTAIN STREETS
-, ,
WHEREAS, Section 10.40.0 I 0, of the Lake Elsinore Municipal Code provides
for the establishment of No Parking Zones on certain streets by resolution of the City
Council; and,
WHEREAS, Gr~ndvil1e A venue and Skylark Drive are local streets; and,
WHEREAS, the easterly side ofGrandville Avenue south of Half Moon Drive
. .
and both sides of Skylark Drive north of Palomar Court have no driveways, and;
WHEREAS, the streets described above have developed into places where
occasional gatherings produce unwarranted noise and other nuisances, and;
WHEREAS, these nuisance gatherings are generated from occupants of parked
vehicles, and;
. .
WHEREAS, the it is necessary to restore public safety to these areas and;
ACENDA ITEM NO.
PAGE _:S
\0
OF -:y
Resolution No. 2005-
No Parking Zones on Certain Streets
u
WHEREAS, it has been detetmined that the designation of No Parking zones
are necessary to promote the public safety and good.
NOW, TIlEREFORE, BE IT RESOLVED that the City Council of the City of
Lake Elsinore, hereby establishes certain No Parking Any Time Zones as follows:
I ~ '
-'.. ' )
NAME OF SlREET . SIDE OF SlREET '
LOCATION OF NO PRKGZONE
, .
u
Grandville Avenue
East Side
From Half Moon Drive south to
end. ",
Skylark Drive'
Both
'. From Palomar Court north to end
of pavement.
',1
\, . . .
".,
PASSED, APPROVED AND ADOPTED THIS
" 2005. .
day of
AGENDA ITE,,! ~o._l 0
- PAOe3--0F ~
(1
(1
(1
ROBERT L. MAGEE, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
FREDERICK RAY, INTERIM CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM AND
LEGALITY:
BARBARA LEIBOLD, CITY ATTORNEY
. -
. ,
AGENDA ITEM NO. \ 0
PACE "S OF ~
'lj
~
@ft
'lj=
(b~g~
E: ~ffi@
~ ~l9'Yi
Ci)~a::F
~~@~
~~'lj~
Nl9~ffi
@~~ffi
l::)=~1F
(j'i~=~
ffia::=
~a::
N@
@~
a::ffi
ffi
.0
""/, . .~', 0
P' \or l:I "
o .p
. .
tN. ,j,
p.
o
.,r ,
1'"
",Gl,.~~# ~
0
.
0 .
0 0 0
,0. .
9~~ 0
. 0
AGENDA !TEM NO
PAGE (0 . OF
In
.
=T
(\
'V
;i90
0=
(!) ~.=a
~en=(
t:.di:fiIO
!: ~ 'Tl
~ ~di:F
CD=O~
~~'V~
.. fiI ~ filii
II.) ~ ;i9 F '."
Q <: ~ en >;
Q ""::;; = ~'"
(II III '" di: ~".
~t:)0 '
c:: 0.. ;i9 lilt
fiI (3 fiI r:;,
~
fiI
r'\
~;~. 0
. \
ITEM NO. "":'\
P<CENDA _ ~ OF---=:L--
PAC"--L--:
o
u:
u
(\
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL.
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JUNE 14,2005
SUBJECT:
IMPROVEMENT REIMBURSMENT AGREEMENT -PARCEL
MAP 30187
",
\
,
BACKGROUND "
As a condition of development of the P.M. 30187 in vicinity of Chaney Street and Flint
Street Near-Cal Corporation, (Developer) was required to construct certain master
planned storm drain improvements,that will benefit other properties in addition to this
parc~1 map. The Developer has constructed the storm drain improvements 'within the
right of way, and incurred actual costs of $69,533.20 the (Reimbursement Amount).
n
The Developer has requested to enter into a reimbursement agreement with the City by
the terms of which it can be reimbursed and amount not to exceed $54,403.20 that is
equal to the total of Reimbursement Amount $69,533.20 less the drainage fee of
$15,130.00 in connection with the development.
DISCUSSION
Near-Cal Corporation has paid $3,696.00 as part of Drainage Fees of$15,130.00 in
connection with the development, as well as the drainage improvement cost of
$69,533.20. The developer has built the drainage improvements in accordance with City
of Lake Elsinore standards. The City of Lake Elsinore will assume maintenance of the
storm drain facility upon acceptance of the improvements.
Near- Cal Corporation, consistent with Area Drainage Fee requirements, is eligible for
reimbursement of previously paid drainage fee of $3,696.00, a drainage fee credit of
$ 1 5,300.00, and reimbursement of$54,403.20 for the cost of constructing the remainder
,of the storm drain improvements.
FISCAL IMPACT
The Area Drainage Fees will fund the reimbursement of$3,9696.00 and $54,403.20 to
Near-Cal Corporation for construction of the Master Planned Storm Drain Improvements.
n REPORT TO ,CITY COUNCIL
ACENDA ITEM NO.~
- DACE \_OFj \
REPORT TO CITY COUNCIL
DATE: JUNE 14,2005
PAGE No.2
u
RECOMMENDATION
:"",.",
It is recommended that the City council authorize the Mayor to execute the
Reimbursement Agreement for the design and 'construction of the Master Planned Storm
Drain facility on Chaney Street in vicinity of Flint Street "fA' I /1 /
PREPARED BY: Jerry Foroutan, P,E" Acting Senior Engine '/ ()tI'
. . . . . . .
" , ~ , . .. . ".' . .,.' . ' ':.
APPROVED FOR
AGENDA BY:
"';,
, ;
u
"
.,
;:
',. "
, ,
u
AGENDA ITEM NO._JJ
- PAGE z. _OF -1 \
(\
IMPROVEMENT REIlVlBURSEMENTAGREEMENT
.' ,
THIS IMPROVEMENT REIMBURSEMENT AGREEMENT (this "Agh:ement"), dated
as of April 6, 2005 for' identificll;tion purposes only, between the City of Lake Elsinore, a
municipal corponltion, hereinafter referred to as the "City," and NEAR-CAL Corporation, a
California corPoration, hereinafter r~ferred to as the'''Developer.'' '
" ., " :,1 ,.'. " ',. <. >
'RECITALS,
"
. ".' ,
WHEREAS, Developer presently owns or has, owned property that is located within the
, ,'- ..' ,., " '.
City of Lake Elsinore, and this property has received development approval from the City as
Parcel Map No. 30187 (the "Property" or the "Tract")..
. . , . . '.
wHEREAS, as a condition ~f development, of the P~operty, the Dev~loper is required to
construct certain master planned storm drain improvements and more particularly shown on the
Storm Drain plans for 'Parcel Map No; 30187 on' file in the City Engineer's' office (the
"Improvements). " .
WHEREAs, the Impro~em~nts will benefits other property in ;mditio~ to the Tract and
will be dedicated to the City; ,
WHEREAS, the Developer has constructed'the Improvements and incurred actual costs
of$69,533.20 (the "Reimbursement Amount"); , ;,
f'I
, . . . - . , -, ,
. WHEREAS, the total required drainage fees (the "City Fees") in connection with the
de~elopment of the tract is $15,I30,OQ;, ." '. .
. WHEREAS, Developer paid $3,696.00 as part of drainage fees, (the "City Fees") in
connection with, development of the tr!lct; <lIl;d" ,
, '. WHEREAS, the Developer has requested to enter into 'ari agr~ementwith the City by the
terms of which it can be 'reimbursed for the City Fee and such addition actUal construction costs
of the Improverrientsfor City' Feesthilt the City has collected or will collect in 'the future in an
amount that is not to exceed the amount $54,403.20.
AGREEMENT
- ,
NOW, 'THEREFORE; for good and'valuable consideration and' the mutual promises
contained herein, it is agreed as follows: ' ' , '
Section -I. Purnose of the Al!reement. Following execution of this Agreement, the
Developer shall cause the Improvements to be designed, engineered and constructed and the City
shall payor credit the Developer the Reimbursement Amount consistent with Section 5,
. ,S~ction 2, ' Preparation and App~oval of Plans and Specifications. The parties
acknowledge and agree that the plans for the Improvements ,have .been prepared by the,
Developer and approved by the City (the "Plans"). '
. Section 3. Duty of Developer to Construct. . The Developer shall construct or cause to
be constructed the Irriprovements in acc.ordance with the approved Plans imd specifications as
. - I ' . .. . . . . . .'
approved by the City Engineer. The Developer shall perform all of its obligations hereunder and
('\
AGENDA ITEM NO.
PAGE 3
I I
OF \ \
shall conduct all operations, with respect to, t,he construction of the Improvements in a good,
workmanlike and commercially reasonable maimer, with the standard of diligence and care U
normally employed by duly qualified persons utilizing commercially reasonable efforts in the
performance of comparable work and ih accordanye, with generally accepted , practices
appropriate to the activities undertake~...The.DevelopersIiall,not be relieved',ofits obligation to
constrUct the Improvements and cause title to the Improvements to be conveyed to th<r ,c::ity even
if the Reimbursement Amount is less than 'the actual cost of the Improvements. Notwithstanding
the foregoing, nothing set forth in this Agreement shall be construed to require the Developet to
perform any work requiring a contractor's license, nor shall the Developer be deemed to be
performing construction setvices 'pursuapf,to this Agreement.' " ,
. :.~. ",
. .
Section 4. Acquisition of City Facilities: . The Developer hereby agrees to : convey to
the City and the City hereby agrees to pay to the Developer the ReimbursementAmount for the
Improvements, subject to tlie terms and conditions hereof. ",,"
.';
,[ ,.-
"The Reimbursement Amount shall be paid solely from fees collected or to be collected by
the City and designated for the cost of construction of the Improvements. The City shall not be
obligated to pay the Reimbursement Amount except from amounts held by the City for such
purposes.c ." ' " ., ,'" '
Section 5.
Payment ofthe Reimbursement Amount.
,I
" '
.' '.
(a) Upon recordation of a Notice of :Completion for the Improvements: and
acceptance of the Improvements by the City Engineer, the City I;:ngineer shall reimburse the
Developer for Developer's prior' pliymeht of City Fees, thitt' is, $3,696:00, and shall credit
$15,130.00 towards payment of the Reimbursement Amount. ,"
U
(b) 'The iemaining un-reimbutsed Reimbursement AmoUnt., that, is, $54,403.20, shall
be payable solely from future unencumbered City Fees paid'in'connectionWith development
within the Warm Springs ~est Drainage District for a. ten (10) year period fol~owing the
effective date of this Agreement. Developer acknowledges that such unencumbered City Fees do,
not ifIc1ude fees paid by oth~r developers that are entitle~ to reimbursement of sll;ch drainage fees,
under preViously agreed to reimbursement agree~~nts. ,,' , "
Section 6. Construction Requirements.
(a) The Developer shaH require, and,the specifications and contract documents shall
require all contractors, subcontractors, 'vendors,' equipment op~rators and' owner operat~rs, 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 tolill workers employed in the
execution of the contract, to post a copy of the, general prevailing wage rates 'at the job-site in a
conspicuous place available to all employees and applicants for:employment, and to:otherwise
comply with applicable provisions of the California Labor Code, the California Government
Code and the California Public -Contracts Code relating to general prevailing, wage rates as
required by the specifications approved b)-the City Engineer., ", '': . '
, , "" ", T" ,
(b) The Developer shall reql!ire each ,contractor, subcontractor, vendor, 'equipment
operator and owner operator, to the' extent such individual or entity is engaged to pei-'roim work
on the Impro~ements, to providi;':pr~o~ of i;nsurallce cov~Fg~, satisfyi~g the requi~ement~;?~ U
2,
AGENDA ITEM NO.
PAGE L\
II
OF \ \
(\
Section II hereof throughout the term of the construction of the Improvements. Rather than
requiring its contractors to provide such insurance,. the Developer may elect to provide the same
for the benefit of its contractors.
(c), The Developer shall comply, and, shall cause each contractor,. subcontractor,
vendor, equipment operator and owner operator, to the extent such individual or entity is
engaged to perform work on the Improvements, to comply, with such 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, 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 provide 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?, . Licenses and Permits. The De~elopershall have secured (or cause to be
secured) any and all permits which may, be required by the City or 'any other governmental
agency affected by the construction of the Improvements. The Developer shall be responsible
for paying all applicable fees and charges to the City to obtain any land ,use entitlements and
permits which are necessary to construct the Improvements.
Section 8. Reserved.
Section 9.' Inspection; Completion of COllstruction. The City Engineer shall have
responsibility for providing inspection of the work of construction of the Improvements to insure
that the work of construction is accomplished in accordance with the Plans and specifications
approved by the City Engineer. City inspection personnel shall have access to the Improvements
Construction. site at all reasonable times for the purpose of accomplishing such inspection upon.
presentation of proper identification, .
No later'than ten business days kiter recelvmg notification from the City thar the
Improvements has been construCted in' accordance with the Pla~s, the Developer shall file with
the Lake Elsinore City Clerk a Notice of Completion pUrsuant to the provisions of Section 3093
of the California Civil Code. . ,
Section 10. Maintenance of Facilities; Warranties. The Developer shall maintain the
Improvements in good and safe' condition until their acceptance by the City. Prior to the
acceptance of the Improvements, the Developer shall be responsible for maintaining the
Improvements in proper operating conditiim, imd shall perform such maintenance as the City'
Engineer and the Developer agree is reasonably determined to be necessary. As of the date of
acceptance of the Improvements, the Developer shall assign to ,the City all of the Developer's
rights in any warranties, guarantees, maintenance obligations or, other evidence of contingent
, ,
. ...
n
1 r\
. ,,',' ..
3
AOENDA ITEM No.--11
PACE r=:; OF \ \
obligations of third persons with respect to the, Improvements, except for those rights necessary
to the fulfillment of any' outstanding obligation under this Agreement.: ' U
Section 11. Insurance Requirements, 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 followlng insurance coverages during the
term of this Agreement. ,
(a) Commercial General Liability: 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 shall
name by endorsement the City and its special districts, respective directors, officers"
Board of ,Supervisors, elected officials, employees, agents or representatives' as
Additional, Insureds. Policy's limit of liability shall not be less than $1,000,000 per,
occurrence combined single limit. If such insurance contains a general aggr.egate limit, it
shall apply separately to this Agreement or be no less than two (2) times the occurrence,
, limit as described above. ' ,
(b) Vehicle Liability: Developer shall maintain liability insurance for all
oWned, Iion~owhed or hired vehicles in an amount, not less' than $1,000,000 per
occurrence 'combined single limit. If such insurance contains a' general aggregate'limit, it
shall apply separately to this Agreem"nt or be no less than tWo (2) times the occurrence
limit as described above. Policy shall name by endorsement the City, its special districts,' U
their respective directors, officers: Board of Supervisors, elected officials, employees,
agents or representatives as Additional Insureds.
(c), ,Worker',s Compensation Insurance: Developer shall maintain Workers'
Compensation Insurance (Coverage A) as prescribed by the, laws of the State of
California.
Section 12. Ownership of Facilities: Notwithstanding the fact that a portion or all of
tlie Improvements may be constructed in dedicated street rightscof-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 affecte~,byany agreement that the: Developen
may have entered into or may enter into with the City pursuant to the provisions of the
Subdivision Map Act, Section 66410 et seq.'ofthe Code, and the provisions of this Section shall,
control.
Section 13. Representations, Warranties and Covenants of the Developer. ,The
Developer makes the following represen,tations, warranties and covenants for the benefit of the
City, as of the date 'hereof and as of the date of the 'Payment Request is delivered ,to ,the City
, , ,
hereunder:
. ~
"'". .
" (a)' ,'Organization. 'The Developer represents and warrants that the Developer
is a California corporation duly org~ized' and validly existing under the laws of the State' U
of California, is in good standing under the laws of the State, and has the power and
4,
AGENDA ITEM NO.
"'^~c (n
1\
Of \ \
n
authority to oWn: its properties and 'assets and to carryon its business as now being
conducted and as now contemplated. .
(b) Authoritv. The D,eveloper representsaild 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 e~ecuted and deli.vered, and this Agreement has been duly
~nd validlyexectited and delivered on behalf of the Deyeloper. ,
(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 enfo~c~ment of creditors', rights in
general 'and by general equity ~ririciplt!s. ". .,' . ' ,
(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 causethe'Improvementsto be completed in accordance with this Agreement.
, . . '., ,. '. . . . .
n
(e) . Compliance with Laws.' The D~veloper 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'commitimy'~ct to be donein: upon or tothelmprovements
in violation in any material respect of any law, ordinance, nile, regulation or order of any
governmental authority or any covenant, condition or restriction now or hereafter'
affecting the Property or the Improvements. "
(f) Payment ReQ~ests. The D~v~l~per,represents and warrants that it will
diligently follow all procedures set forth in this Agreement with respect to Payment
Requests. . ' . ,
(g) Financial Records. Until fhe 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 regular 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 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 ImpfO'Vements or to the development of the Property as contemplated
, by the Developer.
n
(i) , Environmental Matters. The Developer represents and warrants that it has
complied with, has caused compliance with, or wilLcause compliance with, the California
5
ACENDA ITEM NO.--1L-
- PACE ~ OF \\
Environmental Quality, Act as required for the construction of the Improvements and its U'
conveyance to the City. .
Section 14. Representations" Warranties and Covenants of, ~ity. City makes' the
following representations, warranties and covenants for the benefit of the Developer: ,
., '. '-' ,. .. ,
(a) Authority~ City represents and warrants that City has the power and authority to
enter into this Agreement, and has'takim all 'action necessary to cause this Agreement to be
executed and delivered, and this Agreement l)as been duly and validly executed and delivered on
behalf ofthe City. ' , , " , '
,
. , , .
(b) Binding Obligation. City represents and warrants that this Agreement is'a valid
and binding obligation Of City and is enforceable against City in accordance' with its terms,
subject to bankruptcy, insolvency, reorganization or other similar laws affecting' the' enforcement
of creditors' right~ in general and by general equity principles.
'(c) 'Completion of the Inlprovements. The City covenants that ii will use its
reasonable and diligent efforts to take expeditiously all actions that maybe iawfully required of
it in issuing permits, processing and approving plans and specifications and inspecting the
. ,.' .
Improvements in accordance with this Agreement: '
, "
(d) , ,PaymeritRequests: Cityrepreseilts and wamiiltsthat it,~lI diligently follow all
procedures set forth in this Agreement with respect to 'each payment request and payinent of the
Reimbursement Amourlt. ' , ' '." "', '
'" ,
Section 15. Indemnification. The Developer'agrees to protect, indemnify, defend and U
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,
reasonable attorney's fees, and court costs' which the City, or its respective officers, employees
and agents, or any combination thereof, may suffer or which may be sought against of recovered
or obtained from the,City, or its respective officers, employees or,agents, or any combination
thereof, 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 warr!lllty made by the ,Developer in this Agreement or in any certifications
delivered by the Developer hereunder, or (c) any act. or omission of the Developer or any of its
subcontractors, or their respective officers, employees, or agents, in connection with the
Improvements. If the Developer fails to, do so, the City shall have the right, but not the
obligation, to defend the same and charge all of the reasonable direct or incidental costs of such
defense, including any reasonable attorneys fees or court costs, to and recover the same fromthe
Developer. The parties acknowledge and' agree that the Developer shall be released from the
indemnity obligation set forth herein upon the expiration of the performance bond as described in
Sections7(e) and I I. . .
SectionJ6. 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 U
its own funds or'any other costs incurred in connection with the Project. No member,!official or
6,
AGENDA ITEM No.-11
PACE ~OF \ \
o
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 A2reements. 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 subdivision. requirements relating to the development
of the Property, which obligations are and shall remain independent. of the Developer's rights
and obligatio!lS, and t~e 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 affectthe acquisition, construction and
inst3J.lation of the Improvements. ,. .
Section 18. Bindin20n Successors and Assi2ns. Neither this Agreement nor the duties
and obligations of the Deyeloper 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 <<;lfthe parties hereto. .
(\ . S~ction 19. Amendments. This Agreement can only be ~ended byaninstriunenti~
writing executed and delivered by the City and the Developer. '. .'
I
I
\0
I
I
I
"
:,
. .
Section 20. Waivers. No waiver of, ;;r co~senJ with ;esp~ct to, any provision of this
Agreement by a party hereto. shall in any .event be effective unless the sam\: shall be in writing'
. -, .".' " ,.. .. .. '
and signed by such party, and then such waiver ()r consent shall be effective only in the specific,
insfunceand for the specific' purpose for whiCh itwas given. . '. ' .' ,. ,,".
1: ~
. " Section 21. No Third Party Beneficiaries. . No person or, ~ntity, other than, the City,
shall be 'deemed to be. a third party benefiCiary' hereof, and, nothing in this Agreement (either
express or implied)' is intended to confer upon any person or entity, other than the city and the"
Developer (and their, respective .successors and assigns), any. rights, remedies, obligations or
liabilities under or by reason of this Agreement:. ., .
'" Section 22. Notices. Any writtel1., notice, . statement, demand, consent approval,
authorization, offer, designation, request or other communication to' be given hereunder shall be
given to the party entitled thereto at its address set forth below, or at such other address as such
party may provide to the other party in writing from time to time, namely:
Developer:
Near-Cal Corporation
Attn: Carl Johnson, President
512 Chaney Street
Lake Elsinore, CA 92530
7
AGENDA ITEM NO.' II
PAGE q OF \\
"City:,
~ \ '
City of Lake Elsinore
Attn: City Manager
130 South Main Street ,
Lake Elsinore, CA 92530
u
.,_.;.
:P,
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
after such notice is deposited with the United States mail, (d) if given by overnight courier, with
courier charges prepaid, 24 hours after deliverjrto said overilightcourier, or (e) ifgivenby 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 (to the extent allowed by law) or in the Courts of
the United States of America in thedistricHn' 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 smt, 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. 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 U
judgment or in any other marmer proyided by.Unv.
Section 24. Attorneys' Fees. If any action is instituted to interpret or enforce any of the
provisions of this Agreement, the party prevailing in such action 'shall be entitled to recover from
the other party thereto reasonable' attorney's fees ,and costs of' such suit (including both,
prejudgment and post judgment fees and costs) liS det~rmined by the court, aspart of the:
judgment. . ' ". " '" ,
S~ction 25. Governirie Law. ,ThisAgreell),ent and any dispute arising hereun,der shall
be governed'by and interpreted in lIccordance with the laws of the State ofCaliforn\a. ., .
; "., . ' . - ..) , .
: Section 26. 'Usaee of Words. ; As used herein, the singular of any word includes the I
plural, and terms in the masculine gender shall include the feminine. ' ' ' .
Section 27. ,Counterparts:. This Agreement may be executed in counterparts, each of
which shall be deemed an original.
j' ,.
'L
u
8,
,ACENDAITEM NO.~
PACE 10 OF \ \
o
n
o
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the.
respective dates set forth below.
Dated:
,2005
ATTEST:
CITY CLERK
By:
APPROVED AS TO FORM:
VAN BLARCOM, LEIBOLD,
McCLENDON & MANN, P.c,
By:
BARBARA ZEID LEIBOLD
City Attorney
Dated:
,2005
"CITY"
CITY OF LAKE ELSINORE, a
municipal corporation
By:
Mayor
"DEVELOPER"
NEAR-CAL CORPORATION, a
California corporation
By:
Its:
9
t\
AGEMDA ITEM MO.
PAGE-\ \ OF \\
':.
u
..' I
u
.,,".
u
(\
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
FROM:
MAYOR ANI,> CITY COUNCIL
ROBERT A. BRADY, CITY MANAGER .
TO:
DATE:
JUNE 14,2005
SUBJECT: IMPROVEMENT, REIMBURSEMENT, AND;
COOPERATION AGREEMENT FOR CONSTRUCTION
OF "HUNC.O WAY" STORM DRAIN
;- '
'. ,.
BACKGROUND
(\
As a condition of devdopm~nt of the tenta~ive Tract No. 29325 and
Tentative ;Tract No. 29996, both oWned bySkyKing, LLC, ("SkyKing"),
Davcon Development Inl,:. was required to const~ct certain master plann~d
. storm drain improvements in Hunco WayfrPlll Collier.Avenue to Elsinore
Channd. This storm drain will benefit property on'north of Collier being
developed by Home Depot U.S.A. ("NPO") and property on south. of
Pasadena Avenue owned by MKJ-AdnoffInvestments, LLC, (~'SPO").
The Davcon Devdopment Inc., devdoper oJ SkyKing properties, (Project
Manager) ~illdesign and constructed the storm drain improvements Within
the Hunco Way right of way ,and through easements in SkyKing's and
SPO's 'land. The cOJ?struction c~st is, estimated to be $341,604.60
(Maximum Reimbursement Amount). An amount of $242,444.35 of Warm
Spring Area Drainage Fee is allocable to reimburse the construction cost for
this storm drain improvement.
. The land owners and or develo,pers who will benefit from;this facility, Home
Depot U.S.A. (NPO), SkyKing,and MKJ-Adnoff Investments, LLC (SPO)
and Davcon Development Inc:, pave collectively ,requested to enter into an
"Improvement, Reimbursement and Cooperative Agreement" with the City
by ,the, terms of which" the projec~. manager' or its. replacell1ent . can be
reimbursed' an amount not,to exceed $341,604.00 ("Maximum
Reimbursement Amount")
(\
AGENDA ITEM NO.
PAOE_ \
\2
OF )i()
REPORT TO CITY COUNCIL
JUNE i 4, 2005
PAGE 2
DISCUSSION
In the spirit of cooperation and in order to facilitate the construction of the
storm drain Home Depot U.S.A. (NPO) has volunteered to contribute an
additional amount of $194,403:50, besides their regular Area Drainage Fee
of$1 19,610.00, to pay for the construction of the storm drain improvements.
The sum of the above two amounts plus $27,590.00, paid by Davcon
Development Inc. as partial Area Drainage Fee for Tentative Tract No.
29325, is equal to $341,604 -- the total Maximum Reimbursement Arrtount.
As part of the agreement, all Area Drainage Fees which have been collected
or will be received from the above-mentioned property owners will be set
aside for payment towards the Maximum Reimbursement Amount. If there
are any change orders that increase the actual cost of the construction
beyond the Maximum Reimbursement Amount, such change orders must be
approved by HOIne Depot U.S.A. and the City Engineer. Upon the approval
of any change order, Home Depot U.S.A.' is obligated to immediately
deposita4ditional drainage fees to the City equal to' 100% of such additional
. . ,,' . . ,", ,. .
costs. '
FISCAL IMPACT
None. The Area Drainage Fees'plu~,the voluntarycontnbutions by Home
Depot 'U:S.A.will fund the reimbursement of$341,604.00the Maximum
Reimbursement Amount and any approved additional constru~don cost for
construction of the Master Planned' Storm' DraIn ImjJrovements in Hunco
Way.,' ",'., , '
RECOMMENDATION
: ,. ~ i .i,,' .
. - J. .
'It is recommended that the City Cmincilauthorizethe, Mayor to execute the
.,., -. .. . 'I '.'
"Improvement, Reimbursement, and Cooperation Agreement" for the 'design
mid construction of the Master Planned Storpl Drain facility on Hurico Way
from Collier Avenue to Elsinore Chani1eland authorize the City Manager to
execute anY implementing documents related thereto subjeCt to' minor
modifications approved by the City Attorney. '
'. 'I ~ '
AGENDA ITEM NO.
PAGE '2
u
u
u
\2
QF
,e
(\
(\
(\
REPORT TO CITY COUNCIL
JUNE 14,2005
PAGE 3
PREPARED BY: Jerry Foroutan, P.E., Acting Senior Engineer
APPROVED FOR. ..
AGENDA BY:
~ ,.:
. .
')
;' ."'i'
i.
".>
,',1
. '~
. .,.".'
,'i
,
.,
,',\
'-.-"
""
i1: .
; ,;
;'j
\ .
__.i.;'
" "
AOENDA ITEM NO. I '2.
PACE 3 OF \'8
IMPROVEMENT, REIMBURSEMENT AND COOPERATION AGREEMENT
THIS IMPROVEMENT, REIMBURSEMENT AND COOPERATION AGREEMENT
("Agreement"), dated as of June 2, 2005 for identification purposes only, by and among the City
of Lake Elsinore, a municipal corporation ("City"), Lake Elsinore SkyKing, LLC, a California
limited liability company ("SkyKing,"), Home. Depot U.S.A., Inc., a'Delaware corporation
("NPO"), MKJ-Adnoff Investments, LLC, a ~alifornia limited liability company ("SPO") and
Davcon Development, Inc., a California corporation ("Construction Manager"). SkyKing, NPO
and SPO are collectively referred to as the "Property Owners."
u
RECITALS
WHEREAS, SkyKing presently owns property that is located within the City and this
property has received development approval from the City as Tentative Tract No. 29325, as
shown on Exhibit A-I, which is attached hereto and incorporated herein ("SkyKing Parcels").
SkyKing owns additional property that is located in the City and this property also has received
development approval from the City as Tentative Tract Map 29996, as shown on Exhibit A-2,
which is attached hereto and incorporated herein ("SkyKing Additional Parcels").
WHEREAS, NPO presently owns property that is located within the City and this
property has received development approval from the City as Tentative Tract No. 31983, as
shown on Exhibit A-3, which is attached hereto and incorporated herein ("NPO Parcels").
WHEREAS, SPO presently owns property that is located within the City and has applied
for development approvals from the City. The property is shown on Exhibit A-4, which is U
attached hereto and incorporated herein ("SPO Parcels"). The SkyKing Parcels, the NPO Parcels
and the SPO Parcels are collectively referred to as the "Property."
WHEREAS, as a condition of development of the Property, the Property Owners are
required to construct improvements, the design and location of which are identified on Exhibit B,
which is attached hereto and incorporated herein ("Improvements"). The location of the right of
way necessary for the construction of the Improvements also is shown on Exhibit B.
WHEREAS, the Property Owners intend to develop the Property.
WHEREAS, the Property Owners and the City desire to enter into an agreement that will
provide for the reimbursement of a portion of the cost of the Improvements subject to the
conditions as provide herein.
WHEREAS, the Property Owners have agreed to cooperate in the implementation of this
Agreement in order to coordinate the timely construction of the Improvements.
WHEREAS, Construction Manager has agreed to cause the Improvements to be
completed in accordance with this Agreement.
u
S0\4&158&.4
AGENOA iTEM NO. \ 2
PACE L\ OF \ <R
{"\
(\
AGREEMENT
NOW, THEREFORE, for good and valuable consideration and the mutual promises
contained herein, it is agreed;as follows:
Section 1. Purpo'se of the Agreement. Following' execution of this Agreement,
Construction Manager shall cause the Improvements to be designed, engineered and constructed
and the City shall reimburse' Construction Manager for the actual costs of the Improvements in,
an amount not to exceed $341,604.00 CMaximum Reimbursement Amount"), consistent with
Section 7 below.
Section 2" Payment of Fees,
(a) With respect ,to the SkyKing Parcels, SkyKing previously paid the City drainage
fees of $27,590.50 ("SkyKing Prepaid Drainage Fee").' Additional City drainage fees of
$21,481.20 are owing on the remilinderof the SkyKing Parcels and $52,650.00 are owing on the
SkyKing Additional Parcels (collectively, "SkyKingRemainder Drainage Fee") which shall be
deposited with the City as reqtiiredby Cityiule's and regulations prior to SkyKing's development
of the remainder of the SkyKing Parcels and theSkyKing Additional Parcels 'and shall be
separately accounted for and used exclusively for reimbursement of the Improvements' as
prpvidedherein. , __,
(b) 'With respect to the NPO Parcels, the City drainage fee has been established at
$119,610.00 ("NPO Drainage Fee"). Additionally, and in consideration oftrns Agreement arid
the Construction Manager's agreement to'constrUct the Improvements, NPO'Will contribute aiJ.
additional $194,403.50 to the <::ity's drainage fees account ("NPO Additional Contribution").
Accordingly, the sum of the NPO Drainage Fee and the NPO Additional Contribution for the
Improvements is $314,013.50 (collectively, 'Total NPO Drainage Contribution"). The Total
NPO Drainage Contribution shall be deposited 'with the City within fIfteen (15) days of the
Effective Date, unless NPO exercises the NPO Right as' defined in Section 5 of this Agreement,
and shall be separately accounted for and used exclusively for reimbursement of the
Improvements as provided herein. '.,
(c) With respect to the SPO parcels; the City drainage fee has been established at
, $21,217.95 ("SPO Drainage Fee"). 'Th'e SPO Drainage 'Fee shall be deposited with the City as
required by City rules and regulations prior to SPO's development of the SPO Parcels and shall
be separately accounted for and used exclusively for reimbursement of the Improvements as
provided herein.
"(d) The SkyKing Prepaid DraimigeFee, the SkyKing Remainder'Drainage Fee, the
Total NPO Drainage Contribution and the SPO Drainage'Fee are hereinafter collectively referred
to as the "Property Drainage Fees." "
(e) , NPO acknowledges that its contribution of the NPO Additional'Contribution into
the City's drainage fees account is entirely voluntary arid has not been imposed by the City.
- . . , .
(f) The City agrees that each of the 'Property Owners shall be entitled to connect to
the Improvements from the Property upon the payment of .their, respective portion of the
("\ Property DrainageFees as specified in this Agreement.
2
~D\481588.4
AGENDA ITEM NO.J 2
PAGE ::; OF) f?
Section 3. Preparation and Approval of Plans and Specifications. Construction
Manager retained Land Development Design Corporation ("Design Engineer"), which prepared U
plans and specifications for the ImprovementS,("Plans"). The City Engineer 'has reViewed and
approved the Plans and the City is prepared to issue all permits ,necessary to allow,the start of
construction of the Improvements within five (5) days of the Effective Da~e.
, Section 4. Construction. Construction' Manager shall' constructor cause to be
constructed the Improvementsin accordance with the approved Plans as 'approved by the City
Engineer. Construction Manager shall cause the Improvements'to be constructed in a good, ,
workmanlike and commercially reasonable manner, with the standard of diligence' and care
normally employed by duly qualified persons utilizing commercially reasonable efforts in the
performance of comparable work and in accordance'with genenilly accepted practices
appropriate to the actiyities undertaken. <<;:onstruction Manager shalL not be relieved of its
gbligation toconsirl)ct the Imp~?vements and,cause title to the Improvementsto be. conveyed to
the City, even if theMaxim~ Reimbursement Amount is less .than the, actual cost of the
Improvements. NotWithstanding the for~going, nothing set forth in ,this Agreement shall be
construed t\> require Construction Manager to perform any work requiring a contractor's. license,
nor shall Construction Manager be deemed to be performing. construction services pursuant to
this. Agreement., . ;..
Section S. Commencement and Completion of Construction. Construction Manager
shall commence, construction no later than five (5) days after the Effective Date of this
Agreement ("Start'Date") and shall substantial,ly complete construction no later than forty-five
(45) calendar days thereafter ("Completion Date"). ,Prior to the Start Date, or in the event that
Construction Manager has not started .construction, by the' Start Date or has not substantially U
completed construction by the Completion Date, NPO may elect in its sole discretion t~ st~ or
complete construction of the Improvements (")\IPO Right") by providing the City,.Construction
Manager and the other Property Owners with a written notice of. the intent to exercise the NPO
Right. In the event t~at NPO exercises. the }fPO Right:
a: . And iitthe event that Construction Manager has not cOlnmenced construction,
NPO shall not be required to pay the NPO Drainage Fee or the NPOAdditional
Contribution to the City as described in Section 2(b) of this, Agreement but rather
shall be given a credit against the NPO Drainage. Fee, requirement to the extent
that NPO inc~s unreimbursed allocable costs.in the construction of the
Improvements. ,
b. NPO shall direct all aspects of the start and/or completion of the construction of
the Improvements and construct the Improvements consistent with the standards
described in Section 4 and Section 8 of this Agreement; . >
. ~. - . . .
c. Construction Manager hereby assigns, transfers, and . conveys to NPO all of its
right, title,> and interest in the Plans prepared by the Design Engineer and any
,portion of any agreement entered into between the Construction Manager and the
Design Engineer for the preparation of the Plans, together with any and all future
amendments, modifications, supplements; general'conditions and addenda thereto,
heretofore or hereafter prepared by the Design Engineer in connection with the
design or construction of the Improvements. NPO shall have the right'to enforce
u
3
SD\481588.4
AGENDA ITEM NO.J '2
PACE (POF \ <P.,
n
n
n
all of Construction Manager's rights and 'remedies against the Design Engineer
with respect to the Plans. " Construction Manager shall be responsible for any
'payments due the Design' Engineer for work done on the Plans or any other
obligations that accrued prior to NPO's exercise of the NPO Right. Construction
, Manager shall obtain the Design Engineer's written consent to the assignment
described above in substantial conformance with the attached Exhibit C.
d. Construction Manager agrees to assign any rights to any permits or approvals
issued by the City for the construction of the Improvements as deemed necessary
by NPO., '
e. NPO shall fund the start and/or completion ofthi: Improvements and be entitled to
reimbursement from the 'City in the same manner provided, to Construction
Manager in Section 6 and Section 7 of this Agreement. Under no circumstances
shall City reimburse NPO in an amount' that exceeds the Maximum
ReimbirrsementAmount, including any increase approved pursuant to Section 10
of this Agreement, less the NPODrainageFee.
f.' In the event that the cost of construction 'of the Improvements exceeds the
Property Drainage F~es, the Property Drainage Fees shall be adjusted as provided
in Section IOaild paid to NPO in accordance with Section 6 and Section 7 of this
Agreement. '
g. NPO shall be responsible for all work it performs or causes to be performed in the
course of exercising the NPO Right until such time that the City accepts the
Improvements as provided for in Section 11 below. '
h. The City shall pay-Construction Manager for all work undertaken in respect of the
Improvements through the date of the exercise of the NPO Right in the manner
provided in Section 7 of this Agreement.
, Section 6. Acquisition of City Facilities. ConstrU~tion.Manager shall convey the
Improvements, to the City and the City shall pay to Construction Manager the ReimbursemeI)t
'Amount,' as defined in Section, 7 of this Agreement, subject, to the terms and conditions of this
Agreement. The Reimbursement ,Amount shall be paid solely from the Property Drainage Fees
collected or to be collected by the City and designated for the cost of construction of the
Improvements. The City shall not be obligated to pay the Reimbursement Amount except from
the Property Drainage Fees held by the City.
Section 7. Pavment of the Reimbursement Amount. The 'Improvements to be
constructed by Construction Manager benefit the entire Property 'and as such Construction
Manager is to be reimbursed for all allocable costs of the Improvements in an amount not to
exceed 'the Maximum Reimbursement Amount. ' The Parties acknowledge that this Agreement
does not estop the City:from making further, adjustments to the City drainage fee, by amending
the fee consistent with State law, and that the City Council may consider adjustments to the City
drainage fee. Any adjustment to the City drainage fee adopted by the City Council shall apply to
any unpaid portion of the Property Drainage Fees. . .
i
4
SD\4815&&,4
[2-
p"CENOIl. rrEM NO._ F \ en
PACE_ -=+- _0_
(a) 'Construction Manager shall periodically submit a billing to the City Engineer of U
the actual costs of the Improvements along with all documentation reasonably requested by the
. City Engineer, on the condition that the first billing; submitted to the City Engineer shall occur
only after Construction Manager has fully installed at least one"hundred (100) feet of the
drainage improvements comprising part of the Improvements.. The City Engineer shall then
determine whether there 'are costs not properly allocable to the Improvements and whether
sufficient progress has been made with respect to the Improvements as compared to the
Maximum Reimbursement Amount for the Improvements. Following that determination, the
City Engineer shall determine the amourit of the reimbursement .to Construction Manager
("Reimbursement Amount"), charging such actual costs against the Property Drainage Fees, less
a ten percent (10%) retention from the Property Drainage Fees which sh?ll be payable upon
acceptance of the . I~provements by the City. - . The total Reimbursement Amo'unt paid to
Construction Manager shall not exceed'the Maximum Reimbursement Amount, except as
inodified pursuant to Section 10 of this Allfeement. The City Engine~r shall use commercially
reasonable efforts to determine the each applicable reimbUrsement within fifteen (15) calendar
days of receipt of the bill and related documentation submitted by Construction Manager to the
City Engineer. - . .' . .
(b) The City Engineer shailprovide Constructio~ Manager written notice, in the form
of Exhibit D attached hereto and. incorporated herein' ("Reimbursement Notice"), of the
applicable reimbursement and pay a cash reimbursement to 'Construction Manager. Once
completed, the Reimbursement Notice is to be executed and dated by the City Engineer and
Construction Manager. ".'"
(c) If the reimbursement amount is less' than the actual costs as submitted by U
Construction Manager, the Reimbursement Notice will so note. In the event the periodic
. reimbursement as determined by the City Engineer is less than the actual cost less the applicable
ten percent (lO'Jio)'retention; Construction Manager, shall have the right upon written request
within five (5) days of receipt of the Reimbursement Notice .to have. the determination of the
reimbursement amount reviewed by the City Council. The City Council shall upon written
submissions'by Construction'Manager'and City Engineer, and public hearing if the Council
deems' necessary in its sole" discretion, make a final reasonable determination of the
reimbursement amount. Subject to any modifications made in accordance With Section 10, the
Maximum Reimbursement Amount for the Improvements shall be presumptively reasonable. .
,,\ .:" ,. . ,
.(d) The Reimbursement Notice and cash payment for the accepted Improvements
shall be provided to Construction Manager within fifteen (15) days of tbe City Engineer's
determination of the applicable reimbursement amount.
(e) Within fifteen (15) days after the payment to the City of the SkyKing Remainder
Drainage Fee or the SPO Drainage Fee, the City. agrees to reimburse NPO from such payments
in an amount up to but not exceeding any NPO Additional Contribution previously paid to the
City and utilized for reimbursement of the Improvements. -. Additionally, to the extent that the
Improvements provide .unused .drainagecapacity':and another. property owner utilizes the
Improvements in connection with development of such owner's property,' a percentage share of
the drainage fees paid to the City by such property owner based on-the percentage of the acreage
of such owner that drains to the Improvements shall be (a) refundable to NPO up to but not .
exceeding any unreimbursed portion of the NPO Additional Contribution or (b) in the event that U
5
SD\481588.4
ACENOA ITEM NO.
PACE B
1'2
OF\8
n
n
('
NPO has exercised the NPO Right and the Construction Manager has not started construction of
the Improvements, refundable to'NPO for mireimbursed allocable costs of the Improvements up
to the Maximum ,Reimbursement Amount, including any increase approved pursuant to Section
10 of this Agreement, less the NPO Drainage Fee. " ;,
Section 8.' Construction Requirements. . ..
(a) Construction Manager shall, require, and, th" 'specifications: and "contract
documents shall require all, contractors, subcontractors, vendors, equipment operators and owner
operators, in, each such case to the ext~nt such individuals or, entities are engaged to perform
work on the Improvem.enis, to pay at least general prevailing wage rates to all workers employed
in the execution of the contract, t<,:> post a copy ofthe general pre~ailing wl!ge 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, tht; California
Government Code and the California Public Contract,s Cpde relating to general pn,vailing wage
rates as required by the specifications approved by the City Engineer.
(b) Construction Manager shall. require each contractor, subcontractor, vendor,
equipment operator and owner operator, to the extent such individual or entity is engaged to
,perform work on the Improvements, to provide proof of insurance cov~rage satisfying the
requirements of Section 13 hereof througnout the ,term of the ,construction of the Improvements.
Rather than requiring its contractors to provide such insUl1lIice, Construction Manager may elect
to provide the same for the benefit of its contractors. ' ,
. (c) ConstruCtion Manager 'shall comply, , and ,shall, cause ,'each; ,contr~ct6r,
'subcontractor, vendor, equipment operatoraitd oWner operator, 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 Construc~ionManagef, ta.'the extenhegally ~equired as a resuItof changes in
applicabl~ federal, state or City laws, ,rules ,or procedures. ,
" -' ' ~ .. .. . .. ' ... .. - , '.
(d) ConstruCtion Manager shall require, and the specifications and bid and contract
.' '," .
documents shall require' all contractors, subcontractors, vendors; equipment operators 'and owner
operators, to the extent 'such individuals or' entities, are engaged to perform work on the
Improvements, to ,submit certified weekly payroll records to the Ci~ Engineer promptly upon
request. ,,' ,
(e) Construction Manager shall, provide 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.
: . ~ I . ."" .'
..
Section 9. , Licenses and Permits.'i Within five (5), days after the ,Effective Date,
Construction Manager shall have secured (or cause' other appropriate parties to secure) all
permits required to be held by the Construction Manager, from, the City or. : any other
governmental agency with jurisdiction related. to the construction of the Improvements.
Construction Manager shall be responsible for paying all applicable fees and charges to the City,
which fees shall be subject to' reimbursement, as provided in Section 7 of this Agreement.
Construction Manager with the cooperation of the Property' Owners 'will obtain any land use
entitlements and perrilitsthat are micessary to'construct the Improvements'- Within three (3) days
6
S0l481588.4
\2-
OF (Y'>
AGENDA ITEM NO.
PAGE q
after .the Effective Date, the Property Owners shall provide all necessary'temporary easements
for the construction of the Improvements and shall provide permanent rights of way in the form U
of easements or other recordable documents to the satisfaction of the City for the. Improvements
at the locations indicated in Exhibit B.
Section 10. Modifications to the Maximum Reimbursement .Amount. .The cost of
the Improvements shall not exceed the Maximum Reimbursement Amount or as otherwise
'provided for in this Section 10 without the written'consent'ofNPO.and the CitY. If during the
course of construction of the Improvements, Construction Manager presents or is presented with
by a contractor with a change order or set of change 'orders that would increase' the 'construction
cost in excess of the Maximum ReimbUrse~ent AmoUnt, then Construction Manager must
receive the approval ofNPO and the City Engineer before approving the change order(s). If the
Parties agree upon ' the approval'of,the subject'change order(s), NPO shall be immediately
obligated to deposit additional drainage fees to the City equal to 100% percent of such additional
costs, which shall constitute additional contributions to be included in the, NPO Additional
Contribution. .";" (, ' I
Section 11. Inspection; Com'plCtion oC-Construction. The City Engineer shall inspect
the work of construction ofthelmprovenients to'insure that they arec~hstruCted 'in accordance
'With the Plans," City inspection personnel shall have access to the Improvements and the
construction site at all reasonable times (0 'make such inspections upon pnisentation of proper
:identification,'No later than ten (10) business days after receiving notification from the City that
the Improvements has been constructed in 'accordance with the Plans, 'Construction Manager
shall file with the Lake Elsinore City Clerk a Notice of Compl~tion pursuant to the provisions of
Section 3093 of th.e California Civil Code, at .which time, the Irpprovements ,shall be deemed U
ac~~pted'by the City.. . . ". '. ' . , . . . ,
Section 12. Maintenance of Facilities; Warranties; Construction Manager shall
maintaintheImprovements in good and safe and proper operating condition, and shall perform
such maintenance as the City, Engineer and Construction Manager agree is reasonably
determined to be nec<:~s\'fY.until the Improvements are accepted by the City. As of the date of
acceptance of the Improvements, Construction Manager shall assign, to the City all of
, " . , ','./"'. '. '..". " "", . i ",
Construction Manager's rights in any warranties, ,guarantees, mainten\illce objigations, or other
evidence of contingent obligations of third. persons with respl<ct to the Improvements, except for
those rights necessary to the fulfillment of any outstanding obligation under thiS Agreement, the
City shall assume all obligations with respect to the maintenance of the Improvements, and 'the
Property .OwnersshalJ. have no' additional maintenance obligations' with respect' to the
Improvements., ;;, . , , "
Section 13. Insnrance Requirements. . Without limiting or dirnini;hing Construction'
Manager's obligation to indemnifY or hold the' City. harmless, the Construction Manager shall
procure and maintain orc~usetobe maintained, lit its sole cost and expense the following
insurance coverages during the term of this Agreement..
" (a) COlIllllercial General Liabilitv: Comm'ercial General Liability ins~ance
. coverage, 'including but not limjted'to, premises liability, contractmll liability, produ~ts
and completed operations, explosion, collapsti,use of cranes, and other heavy.equipment
. an~ underground hazards,~rs~)JlaL~dadyertising injury ~overing daims which milY. U
7
50\481588.4 '
ACENDA ITEM NO. ( 2
PACE \0 OF 1'8
(\
, arise from or out of Construction Manager's performance of its obligations hereunder.
Policy shall name by endorsement the City and its special districts, respective directors,
officers, Board of Supervisors, elected officials, employees, agents or representatives as
additional insureds. Policy's limit of liability shall not be less than $1,000,000 per
occurrence combined single limit: If such insurance contains a general aggregate limit, it
shall apply separately to this Agreement or be no less than two (2) times the occurrence
limit as described above.
(b) Vehicle Liability.' Construction Manager shall maintain liability insurance
for ,all owned, non-owned or hired vehicles in an amount not less than $1,000,000 per
occurrence combined single limit: If such insurance contains a general aggregate limit, it
shall apply separately to this Agreement or be no less than two (2) times the occurrence
limit as described above. Policy shall name by endorsement the City, its special districts,
their respective directors, officers, Board of Supervisors, elected officials, employees,
agents or representatives as additional insureds.
(c)" Worker's Compensation Insurance, Construction Manager shall maintain
Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
California.
(\
Section 14. Ownership of Facilities. Notwithstanding the fact that a portion or all of
the Improvements may be constnicted in dedicated street rights-of-way or on property that has
been or will be dedicated to the City, the Improvements shall be and rem'ain the property of
Construction Manager until acceptable title thereto is conveyed to the, City as provided herein.
Such ownership by Construction Manager shall likewise not be affected by any agreement that
the Property Owners 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 14 shall control. To. the extent necessary, the City, Construction Manager and the
Property Owners agree to use their commercially reasonable best efforts to secure and/or provide
access to the necessary right of way to allow for the construction of the Improvements.
Section 15. Representations. Warranties and Covenants of the Construction
Manaeer. Construction Manager represent, warrant and covenants the following for the benefit
of the City, as of the ~ate hereof and as of the .date of the Payment Request is delivered to the
City hereunder:
(a) Organization. Construction Manager is a California corporation, duly
organized and validly existing and in good standing under the laws of the State of
California, with the power and authority to own its properties and assets and to carry on
its business as now being conducted and as now contemplated,
(\
(b) Authority. ,Construction Manager has the power and' authority to enter
into this Agreement, and has taken all action necessary to cause this Agreement to be
executed and deliyered, and this Agreement has been duly and validly executed and
delivered on behalf of Construction Manager,
(c) Binding Obligation, This Agreement is a valid and binding obligation of
Constru<:tion Manager and is enforceable against the Construction Manager in
accordance with its terms, subject to bankruptcy, insolvency, reorganization or other
8
SD\481588.4
ACENDA ITEM NO.
PAOEjI
('L
OF \~
similar laws affecting the enforcement ,of creditors' rights in general and by general U
equity principles,
(d) Completion of Improvements. Construction Manager will use its
reasonable and diligent efforts to do all things that may be lawfully required of it in order
to cause the improvements to be completed in accordance wjth ,this Agreement. ,
(e) Compliance with Laws, While the Improvements are o~ed by
Construction Manager or required pursuant to this Agreement to be maintained by
, Construction Manager, Construction Manager 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 r~spect of ~y 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) Pavrnent ReQuests, Construction Manager 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,
Construction Manager will maintain proper books of record and account for the
Improvements and all costs related thereto. Such accounting books will be available for
inspection by the City and the City Engineer, at any reasonable time during regular
business hours on two business days' prior written notice, subject to mutually acceptable
arrangements regarding the confidentiality of proprietary data. '
(h) Permits. Construction Manager will obtain or cause others to obtain all U
" governinental or other' permits required to proceed with the construction of the
Improvements and that it will pay all fees relating thereto. Construction Manager and the
City mutually represent and warrant to each other that to their actual knowledge, as of the
date hereof, there is no materiaJ-legal impediment to Construction Manager's proceeding
with and' completing the construction of the Improvements or to the development of the
Property as contemplated by Construction Manager.
(i) Environmental Matters. Construction Manager represents and warrants
that it has complied with, has caused compliance with or will cause compliance with, the
California Environmental Quality Act as required for the construction of the
Improvements and its conveyance to the City.
, Section 16: Representations. Warranties and Covenants of the PropertY Owners.
The Property Owners represent, warrant and covenant the following for the benefit of the City,
and Construction Manager as of the date hereof:
(a) 'Organization. Each of the Property Owners validly exists and in good
standing under the laws of the state of its formation, and each is authorized to do business
in California with the power and authority to own its properties and assets and to carryon
its business as now being conducted and as now contemplated,
(b)' Authoritv. Each of the Property Owners has the power and authority to
'enter into this Agreement, and has taken all action necessary to cause this Agreement to U
9
SD\4815884
~CENDA ITEM NO.
PACE {2-
\2
OF \~
("'\
oe executed and delivered, and this Agreement has oeen duly and validly executed and
delivered. '
,
(c) Binding Ooligation. This Agreement is a valid and binding ooligation of
each of the Property Owners and is enforceable 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 pririciples. '
("'\
"
(d) Permits. Each of the Property Ownerscwill obtain or cause others to obtain
allgovemmental or other permits required ,to be obtained by the Property Owners to
allow Construction Manager to proceed with the construction of . the Improvements and
that it will pay all fees required to be paid by the Property Owners relating thereto. 'Each
,of the Property Owners mutually represent and warrant to each other, Construction
Manager and the City that, to their actual knowledge, as of the date hereof, there is no
material legal impediment to the proceeding with and completing the construction of the
Improvements or to the development of the Property as contemplated.
Section 17. Representations. Warranties and Covenants of Citv., City makes the
following representations, warranties and covenants for the benefit of Construction Manager and
the Property Owners that:
. (a)' Authority. The 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 oeen duly and validly executed and delivered on behalf of the City.' .
. . ' . ,
. (b) , Binding Obligation. This Agreement is a valid and oindingobligation of City and
is enforceable against City in accordance with its terms, subject to oankruptcy, insolvency,
reorganization or other similar laws affecting the enforcement of creditors' rights in general and
oy general equity principles.
(c) Completion of the' Jmprovements. The City will use its reasonable and diligent
efforts to take expeditiously all actions that may be lawfullyrequired of it in issuing permits,
processing and approving ,plans and specifications and inspecting the Improvements' in
accordance with this Agreement. '
- ~ ..
. ' ' (d) Pavrnent Requests. City will diligently follow all procedures set forth in this
Agreement with respect to each payment request and payment of the Reimbursement Amount.
, .."'.
, '
Section 18. .Indemnification. Construction Manager agrees to protect, indemnify,
defend and hold the City, and its respective officers, employees and agents, and each of them,
harmless froin and against any and all claims, losses, expenses, suits, actions, decrees,
judgments, awards; reasonable attorney's fees, and court costs which the City, or its respective
officers, employees and agents, or any combination thereof, may suffer or which may be sought
against or recovered or obtained from the City, or its respective officers, employees or agents; or
any combination thereof, 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 warrailty'made by Construction Manager in this Agreement or in any
certifications delivered by Construction Manager hereunder, or (c) any act or omission of
Construction Manager or any of its subcontractors, or their respective officers, employees or
("'\
10
SDI4815884
ACENDA ITEM NO. \ 2-
PACE \~ OF \~
agents" in connection with the Improvements. If Construction Manager fails to,do so, the City U
shall have the right, but not the obligation, to defend the'same and charge all of the reasonable
direct or incidental costs of such defense, including any reasonable attorneys fees or court costs,
to and recover the 'same from the Coristruction Manager.
"
Section 19. Construction Manaeeras a, Private Construction, Manaeer. ' In
performing under this Agreement"Construction Manager is acting as a private contractor, and
not as an agent of the City. The City shallliave no responsibility for payment to any contractor,
subcontractor or supplier' of Construction Manager. 'Accordingly,' this Aireement does not
constitute a debt or liability of the City: Other than Property Drainage Fees deposited with the '
City and such other drainage fees from property owners as provided under Section 7(e) above,
the' City shall not be obligated to advance any of its own funds or any other costs'incurred in
connection with 'the Improvements. No member, official or employee of the City shall be
personally liable to Construction Manager or Property Owners, or any successor iri interest of
Construction Manager or Property Owners in the event of any default or breach by'the City of
any obligations under the terms of this Agreement.' '
Section 20. Other Aereements. Nothing contained herein shall "be construed as
atfectingthe City's, oithe Property Owners' respective duty to perform its respective obligations
under other agreements, land use regulations or subdivision requirements relating to the
development of the Property, which obligations are and shall remain independent of each of the
Property ,Owners' rights and obligations, and the City:s rights and obligations, under this
Agreement; provided, however, that each of the Property Owners shall use its reasonable and
diligent efforts to perform each and every covenant to be performed by it under any lien or U
encumbrance, instrument, declaration, covenant, condition, restriction, license, order, or other
agreement, the nonperformance of which ,could reasonably be expected to materially and
adversely affect the acquisition, construction and installation of the Improvements.
Section 21. Bindine on Successors and Assiens. Neither this Agreement nor the duties
and obligations of Construction Manager hereunder may be assigned to any person or legal entity
other than an affiliate of Construction , Manager 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 Construction Manager, 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 assigris,and successors-in~interest of the parties hereto.
Section 22. Amendments. This Agreement can only be amended by an instrument in
writing executed and delivered by the City, Construction Manager and the Property OWners.
. ',I
Section 23. 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 waiver or consent shall be effective only in the specific
instance and for the specific purpose for which it was given.
'Section 24. No Third Party' Beneficiaries. 'No pers~n or ,entity, other'than the City,
sliall be deemed to be a third party beneficiary hereof and nothing in this Agreement (either
expr~ss or iniplied) is intend,ed to confer upon any,Person or entity, other than, the,City, U
II
S0l481588.4
ACil'-W"'A ITEM NO.
PACE \ L\
\2
OF -l ?,
n
Construction Manager anl,l the Property OWners (and their respective successors and assigns),
any rights, remedies, obligations or liabilities under or by reason of this Agreement. .
Section 25. Notices. Any Written notice; statement, demand, consent approval, authorization,
offer, designation, request or other communication to be given hereunder shall be given to the
. party entitled thereto at its address set forth below, .or at . such other address as such party may
provide to the other party in Writing from time to time, namely: .. .
Construction Manager: ,. Davcon Development, Inc.
Attn: David W. Wakefield
42389 Winchester Rd.
Suite B
. . . Temecula, CA 92590-4810
. Lake Elsinore SkyKing LLC
Attn: David W. Wakefield
42389 Winchester Rd.
. ' Suite 13 ,
'. Temecula, CA 92590-4810
.,
Sky King:
.,
~\'l
. With a copy .to:
. Robert J. Joyce
Joyce & Joyc.e Attorneys at Law PC,
P.O. Box 9056
'La Jolla, CA 92038
. ,
n
SPO:
MKJ Developers, LLC
13215 East Penn Street
Suite 300
Whittier, CA 90602
Atth: Michael B. Mueller
NPO:
Home Depot U.S.A.
3800 West Chapman Avenue
Orange, CA 92868
Attn: Construction and Legal Departments
City:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92539
Attn: City Manager
n
All communications under this Agreement will hand delivered in which case it be
deemed delivered on receipt or rejected; or deposited with the United States mail postage prepaid
return receipt requested, in which case it will be 72 hours after such notice is deposited prepaid
with the United States mail.
12
S0\481588,4
~f.'~ftA ITEM NO.
PAGE \s:-
12
OF 118
Section 26. Jurisdiction and Venue. Each of the City, the Property Owners and
Construction Manager (a) agrees that any suit aCtion or other legal proceeding arising out of or U
relating to this Agreement shall be brought in sta.te or local court in the County of Riverside or in
the Courts of the United States of America in the district in which the City is located, (b)
consents to the jurisdiction of each such court in any suit, action or proceeding.and (c) waives
any o.bjection that it may' hav,t::to the laying of venue or any suit, actioRor proceeding in any of
such courts and any claim that any such suit,. action or proceeding has been brought .in an '
inconvenient forum. Each of the City, the Property Owners and Construction Manager agrees
that a final and non-appealable judgment in any such action or proceeding shall be' conclusive
and may be enforced in other jurisdictions by' suit on the judgment or in any other manner
provided by law.
Section 27. Attornevs' Fees. If any action is instituted to interpret or enforce any of the
provisions of this Agreement, the party prevailing in such action shall be entitled to recover from
the other party thereto reasonable attorney's fee~ and. costs of such' suit (including both
prejudgment and post judgment fees and costs) as determined by the court as part of the
judgment.
Section 28. Governine Law. l11is Agreement arid any dispute arisi~g hereunder shall
be governed by and interpreted in accordance with the laws of the State of California.
Section 29. Usaee of Words. As used,herein, the singular of any word includes the
plural, and terms in the masculine gender shall include the feminine.
Section 30. Counterparts. This,Agreement may be executed in counterparts, each of U
which shall be deemed an original.
[remainder of page intentionally left blank]
u
13
8D\481588.4
AGENDA ITEM NO.
PAGE I\.r
12
OF \ 'i3
(\
n
n
IN WITNESS WHEREOF, the Property Owners have executed this Agreement as of the
respective dates set forth belowo
Dated: _,2005:
("Effective Date")
ATTEST:
OOBy:
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
. ,
FREDERICK RAY, DEPUTY CITY CLERK
By:
FREDERICKRA Y .
APPROVED AS TO.FORM:
V ANBLARCOM,LEIBOLD,
McCLENDON & MANN, P.c.
By:
BARBARA ZEID LEIBOLD
City Attorney
Dated: June _, 2005
SDl481588.4
Mayor
"CONSTRUCTION MANAGER"
Davcon Development, Inc.
By: David W. Wakefield
Its: President
14
~CEND~ ITEM NO.
p~(jE I =+
\2,
OF\~
-
Dated: June _, 2005
~ ,.-, .
Dated: June _, 2005
Dated: June --,2005
SD\481588.4
.,.
1:',-
'.
"SKYKING"
u
. Lake EI~inore S~y~ng LLC
By:
Its:
,
."NPO" .
Home Depot U.S.A., Inc., a Delaware
corporation
By:
Its:
"SPO"
MKJ-Adnoff Investments, LLC
. ~ .
u
Its:
By:
Managing Member
MKJ Developers, LLC
Its: Managing Member
By: Michael B. Mueller,
u
15
P.CENDA ITEM NO.J 2 h
_ PACE \'R _OF_'
(\
n
(\
TO: '
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL ,
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JUNE 14,2005
, , '
SUBJECT: REQUEST ,FOR FJ,JNDlNG OF TEMESCAL CANYON
GRAD NIGHT '
.- :
BACKGROUND
The Grad night Committee of Temescal Canyon High School has sent a
letter to the City Council requesting funding to support this year's program
(see attached letter). The Grad Night program encourages graduating
seniors to spend graduationnight on campus at a fun filled party with their
friends. The all-night party is intended to keep the teenagers safe ,and off of
the streets.
FISCAL IMPACT
,
The Grad Night Committee is requesting the City to provide a sponsorship
of $2,500. . ,"
RECOMMENDATION
It is recommended that the City Council authorize the use of $2,500 of
unallocated revenues for sponsorship ofthe Temescal Canyon High School
Grad Night. . ,
PREPARED BY:
Robert A. Brady, City Manager
APPROVED FOR
AGENDA LISTING: .
b(~~;t1;fi:b.t;.. nu~ 00.. J 3
M~(f;: 1
-
May 16~ 2005
R
A
D
NI G H TU
G
Please allow me a few moments of YOUT time. I represent a volunteer parent
organization from Temescal Canyon High School in Lake Elsinore known as
the "Grad Night Committee". Each June, OUT group of parents and many
community volunteers organizes a chaperoned, ALL-NIGHT PARTY for OUT
graduating seniors. This event ,is held on OUT high 'school campus where we
transform the school gym into a festive, magical experience for OUT graduates.
We believe that a Grad Night celebration on campus prevents injUry and
saves lives py offering a~'local"(lxtrayaganZa, keeping OUT 'teens off the
highways, especially diJringthis very dang~rousseason of celebration.
. . - .
'Fhis~ all~ni~; even~~rird~ oillsttidentsoneiast opportunityt~ gatllef ~th;
their friends as "high,School Classmates?'. This spectacular:partyincludt;s: U
carnival, gaIi1es, roving magicians; fire-eaters", casino games, laser tag, a rock
climbing wall, a DJ and dance floor, caricature artists, make YOUT own video
technology, a professional hypnotist show, prizes, and food, food, food!
, , '
This 'year, OUT Grad Night tnidition is senously tlITeatened by a lack of
community contributions and independent sponsorships. For the first time in
many years, Lake Elsinore will be opening a new high school where many
of the current students of Temescal Canyon High School will be transferred.
In addition, many of the younger~iplings of OUT, Seniors will no longer be
attendees of OUT school. Some of OUT long"time paientfwid raisers have
. ~ ' ,> . -. , ~ " .
stepped aside because their children will now transfer schools. We have ,
always needed the ''tmderclassmen'' parental support for financial success.
At this time; we appeal to the ,g.enerQSity, of OUT localgovemment
representatives. We' ask that youheIpus keepcalivethetradition of Grad>
NighLManymembers of city government have worked oUT.1J8ltYm the past, ,
and they know how worthwhile, Grad Night truly is. We are having difficulty ,
meeting the remaining $ 10,000, 00 financial ~obligation to our':event "
coordinator", due on June 15th. We thereforeaskthat you consider a
sponsorsbipdonation-of-$2;500:OOmmoresothat we may ha;t~~~~_ ~lO"
, M~~ '""2-, 0::::,
'i:~,~' .
r~
J
, 31735 Riverside Drive #C-344 . Lake Elsinore, California 92530
nG
n
("'\
R
A
D
NIGH T
professionally crafted sign inside of our gym, announcing our city's support
of Grad Nightto the hundreds of volunteers who work this event. Presently,
we are the ONLY campus within our school district tmlt promotes this
activity. Weare a non "profit organization and our TAX ill # is: 33"0711181.
We thank you, in advance, for graciously considering our request. Fee1free
to contact me using the phone number below, with any concernspertai.ning
to Grad Night, or any type of contribution. Of course, we will gratefully
accept any donation toward our night of celebration. We do notwantto see'
our Grad Night disappear.
Respectfully, .
'{tz;:/prect
Grad Night Co"Chair
(951) 678-4965
Cc RobertBrady
City Manager
~,'k'Z.\IU~~ 13.....
~QP3
31735 Riverside Drive #C-344 . Lake Elsinore, California 92530
."
li
,,,"
,I(
:...
~
J"
t
J
,
",
~
u
u
u
(\
. ,
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND COUNCILMEMBERS
FROM:
ROBERT BRADY, CITY MANAGER
JUNE 14, 2005
DATE:
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE TO VACATE A PORTION OF 3RD
STREET EAST OF COLLIER AVENUE FOR THE
CONSTRUCTION OF A WATER AND SEWER PUMP
STATION
~ BACKGROUND
Third Street east of Collier A venue is an unimproved dirt road that terminates at
the west edge of Caltrans right-of-way for Interstate 15. Because the street and
surrounding properties are unimproved, this portion of 3rd Street is not generally
used by the public for street purposes. .
The Elsinore Valley Municipal Water District has determined that this portion of
3rd Street is a potentially desirable location for water facilities which are
necessitated by the increased growth rate within the City.
The City initiated vacation proceedings in order to evaluate the necessity of
continued use of 3rd Street as a public road.
DISCUSSION
(',
The City's vacation proceedings were originally noticed for April 12, 2005. That
hearing has been continued several times in order to allow ongoing discussions
with EVMWD. On April 21, 2005, EVMWD adopted a Resolution of Necessity
in order to commence condemnation proceedings against that portion of 3rd
Street identified for the proposed installation of water facilities. On June 3,
ACENOA ITEM NO..-a...L-
PACiE-L.,OF J
,
REPORT TO CITY COUNCIL
JUNE 14, 2005
PAGE 2
u
2005, EVMWD filed. an eminent domain complaint to acquire the necessary .
portion of 3rd Stre.et by condemnation. The eminent domain action filed by
EVMWD renders the City's vacation proceedings moot.
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends that the City Council abandon the vacation proceedings.
PREPARED BY:'
Barbara Zeid Leibold, City Attorney
APPROVED FOR
AGENDA BY:
u
, i'
"
'.
',' ','
','
\ '
0'
u
2
'8)
AGENDA iTEM NO.. _ .-
PAG~ EJ- OF ~
(\
CITY OF LAKE ELSINORE
REPORT TO CITY COill:lCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
JUNE 14,2005
2005 4th OF JULY CELEBRA rION .
SUBJECT:
BACKGROUND
Atthe May 24th CitY Council ni~etirtg; the City CounCil took action to not
th.
offer a fIreworks show on the 4 of July as the Lake Elsinore Storm Baseball
Club was planning to host their own fIreworks show at the Diamond
Stadium. This decision was made with the intent of saving the city $20,000,
(\ . the cost of the fireworks.
The City Council did approve funding for the Patriotic Boat Parade, also
offered on July 4th.
DISCUSSION.
Both the Boat Parade and the Fireworks Show were very well received by
the public last year. During the week following the May 24th City COUllcil
meeting, the Mayor, members of the City Council and staff received
numerous complaints from the public regarding the decision to not offer the
fIreworks show on the 4th.
The Mayor has requested that the item be brought back to the City Council
for reconsideration. Staff has obtained bids from two (2) fireworks
providers for the show. Fireworks America, located in Lakeside California,
will provide 626 shells including fIve (5) 10" shells and four (4) 12" shells.
Pyro Spectaculars, located in Rialto California, will provide 1,527 shells
including eight (8) 10" shells, six (6) 12" shells and a rnultishot device.
n Should a fIreworks show be approved, a contract will be signed and a
deposit of $10,000 will be made.
AGENDA ITEM NO. .3 \
. - PAOE-L-OF..J4-
u
REPORT TO CITY COUNCIl'.,
JUNE 14,2005
PAGE 2
FISCAL IMPACT
The City Council has allocated $10,000 in the 200412005 budget and
. $10,000 in the 200512006 budget for fIreworks.
RECOMMENDATION
It is staff s recommendation that the Mayor and City Council approve the
July 4th fIreworks..show and authorize staff to enter into an agreement with
Pyro Spectaculars in the amount of $20,000 to fund the event.
, .
PREPARED BY:
~.
AVID SAPP, DIRECTOR
,SERVICES,
u
"
, .;',
APPROVED FOR
AGENDA BY:
'~ ' I :'"
.::f'
, .
."\
.....l'
I;,
.;:: -.',
\::
,r,'
u
c'
AGENDA ITEM NO.
PACE ~
3\
Of .-d+-
June 2, 2005
Pyro Spectaculars by Souza .
PO Box 2329, Rialto, CA 92377
Phone: 909.874.1644
Fax: 909,355.9813
www.PyroSpectacula..s.com
City of Lake Elsinore
Dave Sapp
130 South Mairi Street
Lake Elsinore, CA 92330
Dear Mr. Sapp,
Thank you for the opportunity to submit our pyrotechnic proposal for your July 4, 2005 .
fireworks display. We are honored to highlight your event with a Pyro Speetacularsby
Souza fireworks extravaganza celebrating America's Birthday and Independence. . A
very sincere effort has gone into the enclosed proposal which outlines your ~ustom
designed show in detail. .
We are proposing our special Sky Concert™ Program "AU in. the amount of
$20,000.00. Our plan is to use the winning combination of our products, people and
production capabilities to produce the best fireworks entertainment package possible.
This program price includes. the . services of a licensed pyrotechnic operator, an .
electronic firing system, show Choreography and design, insurance coverage, sales tax
and delivery. We will process the necessary fire department permit application. City of
Lake Elsinore will be responSible for proviSions for security, and payment of the
Riverside County Fire Department permit fee, and/or standby firemen fees, if any. The
Fire Department may bill you directly for any standby fees.
Enclosed you will find a Product Synopsis, Display Checklist and Display Agreements
for signature and initialing. Please have one copy of this fully executed agreement
returned to our office by June 6, 2005 along with your deposit.
Please take the time to review this proposal in detail. If you wish to make any changes
in your program or need more information, please call either myself or your Customer
Service Representative Cindy Allie at (909) 874-1644 ext. 31.'
Sincerely,
JM/kb
Enclosures
AGENDA ITEM NO. 3\
PAOI! --5 OF 4-
Page 2
.P,oposaIOutllntl..IQ' ,
City 01 Lake Elslno'tl
,~. ,,-
. Product Synopsis :.; "
. Display Checklist
. ,Company Profile
.' Types of Fireworks
.' Marqu~e Event Photos
-
,
. Marque~ Achievements
.' Conclusion and Commitment
c
. Other Available Options
. , Display Agreement
..',.
I
()
Holiday Bow/2003- Qua/comm Stadium - San Diego .
u
OA ITEM NO. 31
PAOE~OF4
. Product Synopsis
Pyrot.dlnlc Proposal
City 01 Lak. Elslnor.
Program A
IRO,OOO.OO
Opening
DescriDtion
. 2.5" Sky Concert Opening Salutes
Quantitv
150
Total. of Opening 150
Quantitv
110
80
70
54
9.
8
.6.
337
Quantitv
720 Shots
. Total of Pyrotechnic Devices
720
Grand Finale
DescriDtion . .
. 2:5" Sky Concert Bombardment Shells.
. 3" Sky Concert Finale Shells
. 3" Sky Concert Bombardment Shells
. 4" Sky Concert Finale Shells
Quantitv
180
60 .
50
30
320
Total of Grand Finale
Grand Total 1,527
ACENDA ITEM NO. 3\
PAC! I) OF-ilL
Page 4
Display Ch.ckllst
City of Lake Elsinore A5J~es to:.
Q Retum contract by June 6/2005.
Q. Send 50% deposit by June 6/ 2005.
Q Send balance of payment toa.rrive by July 512005..
Q Provide suitable firing site/pay necessary deposits and fees in accordance
with all applicable laINS. .
Q Provide adequate security as required by local fire authority.
Q Provide two-way communication to thepyrotechnicianfrom command
center to firing site(s).
Q Provide sound and playback system.
()
u
ACENDA ITEM NO. <-"3l
PAoe If OF4
Page 5
I,
Company Prolllff
Pyro Spectaculars by Souza is a full-
service outdoor, indoor; and theatrical
professional fireworks. display.
company providing all types of
pyrotechnic effects for all types of
shows. Our extensive experience,
performance achievements, safety
standards, and reliability are a
testimony to the thousands of
satisfied Pyro Spectaculars
customers. We provide a complete
range of services from Stage Flash. .
Pots to 36" Aerial Shells. From Nights at the Hollywood Bowl
Homecoming Queens to Presidential Inaugurations~ Pyro Spectaculars by
Souza is the World's Premier Pyrotechnic Production Company!
oWorld's Premier Theme Park Supplier .4,000 Annual Theme Park Shows
.0500 Annual Independence Day Shows 05,000 Varieties of pyrotechnic effects
02,000 Seasonal Pyrotechnicians and oWorld's Largest Public Display Company
. Crew ~PioneeredElectronic Firing to Music
075 Full Time Employees . oHighest Industry Safety Record & Standards
oInnovators of close proximity . oAmerica's Largest Pyrotechnic Production
pyrotechnics Company.
013 countries of featured pyrotechnics 06 "Global Pyrotechnic Network" Facilities
Industry Associations and Committees
o American Pyrotechnics Association oCalifornia Fire Prevention Officers Association
oNational Fire Protection Association oCalifornia Fireworks Advisory Corrunittee
oCalifornia Fire Chiefs Association
Industry Members
oWestern Fairs Association
olnternational Festivals and Events
Association
olnternational Special Events Society
oLightingDimensions International
olnternational Association of Amusement Parks
and Attractions
ACENDA ITEM NO. 3\
'\ . PAoe~OF-'4-
Page 6
.
STICklRATOf
'. II " ,...... ~r .
5 ". i!'::'.:, ~...~
.. ',.. -,..-, .'
i-.:~' .~,., r;'
Set Pieces
o
. 0 D ..
. . 0
Large Multishot Device
to .0
""
.
. .-0
..
'10
Star Wheel
Mines
()
.
. ..
~....
..
o. _j
-.' '-'
. D. CI
11I8 tt1. DO .
rJ.
Small Multishot Device
'.
u
Roman ~TEM NO. ~\
- " " PAOl! rge 7 OF-eU-
-~. 0
~ ~ :~.
~~
~,'h
'r
"...,
000 ~
· .1'c....." · ., d
O't) :; .~.rt-...;lS'B... I . '.)J..I) .' ",
DO ':.: Pi). 0<4 ".--:..'
0> .. b .-..,.
. . . . --
Wait Disney Concert Hall Opening Gala 2004 Summer Olympics in Athens, Greece
"
,. I
' ;.-
. a I
~ ,.
~~&p'C.til ~.,~
000 01 0..0.0 '. @,
oil. 'ho '_"'_f'ltQ.Q . OQ .
"r:3/" . . 0 ..
.
. .
',...
New Years Eve at the Space Needle . ,',.2002 Winter OlympICS in SaltLake City
, .
America's Party Las Vegas New Years ElLe 2003
---/
Marquee Adlle"tlillals
MAJOR EVEN~ INTERNATIONAl:
2004 Summer Olympics - Athens, First Place - Hamliurg International
Greece ' Fireworks Festival- Hamburg,
Germany
2002 Winter Olympics- Salt Lake
City
1996, Centennial Olympics - Atlanta
1984 Summer Olympics - Los,
Angeles
America's Party Las Vegas New
Years - Las Vegas, NV
Grand Prize Winner - Coca Cola
International ,FirewOrks Festival -
Yokohama, Japan , ,
Montreal International Fireworks
Competition - Montreal, Canada
Seoul International Fireworks "
Festival - Seoul, South Korea,
Chinese New Year - Hong Kong for
, over 15 years
New Y:ear's Eve at The Space Needle 50th AnniversarycLiberation of
- Seattle, wA 'South Korea-South Korea
Macy*s Fourth of July - New York City Centennial Celebration - Liberation
. . , of the Philippines- Philippines _
AmericaFest at the Rose Bowl -
Pasadena, CA
Philadelphia New Years Eve
Celebration - Philadelphia, PA
San Francisco Millennium
Celebration - San Francisco; CA
City of San Francisco Fourth of July
Celebration - San Francisco, CA ' , ,
100thBirthday of the Statue of
Liberty - New York Harbor
Inauguration of President,Ronald
Reagan- Washington, DC
Over 500 Fourth of
1 uly Shows, '
Performed Annually
()
Jerusalem 3,000 Anniversary~ Israel
Singapore National Day- Thailand
Commonwealth Festivals - Australia
British Commonwealth Games -
Canada
',SPECIAL EVENTS .'
, Alfred Zampa Memorial Bridge Grand
Opening - Crockett/Vallejo, CA '
Grand Opening Celebration Paris
Hotel Br. Casino - Las Vegas, NV
Grand Opening Celebration
Disney's Wide World of Sports Complex '-
Orlando, FL
, 50th Birthday Celebration Golden Gate
Bridge - San Francisco, CA
()
50th Birthday Celebration aGeNDA ITEM NO. ~\
F~an~iscoIOaklan_d Bay Bridge PA~~OF~
Marqutltl Adlltlvtmltlnts
THEME PARKS SPORTS
Disneyland - Anaheim, CA
Walt Disney World 8< Epcot - '
Orlando, FL
NFL Super Bowls - XVII, XVIII, XIX,
XX, XXVII, XXX, XXXI, XXXII, XXXV,
XXXVII,XXXVIII
, World Cup Soccer -Opening and
Kno,tt's Berry Farm- - Buena Park, CA Closing Ceremonies
Six Flags Theme Parks -NatiOnwide Anaheiin Angels World Series
Championship Celebration
Batman Stunt Shows
Knott's Camp Snoopy at Mall of
America - Minneapolis, MN
Universal Studios - Burbank, CA
Lethal Weapon Special Effects
Shows
Queen Mary -Long Beach, CA
, Legoland California, San Die'go, CA
Sea Wo-rld Baywatch Shows
MOTION PICTURES & TV
The Matrix 2 '& 3, Terminator,3,
Mission Impossible, The Grinch,
Swordfish, World Wrestling Federation,
ABC's 50th Anniversary, Miss
Congeniality, Ally McBeal, Coors Light,
Battledome, Bud Light, Drew Carey,
James Bond, Metal God, Three Wishes,
Meet Joe Black, Small Soldiers,
Sleepless in Seattle, Titanic, Murder in
the First, Con Air, Men In Black,
Twister, The Fugitive, GI Jane, Mars
Attacks, Leprechaun
L.A. Galaxy - Major League Soccer
Major League Baseball: A's, Angels,
Astros, Brewers, DO,dgers, Giants,
Mariners
MLB All Star Games and Galas:
Oakland; San Francisco & Seattle
Minor League Baseball: Sacramento
River Cats, Fresno Grizzlies, Modesto
A's, Lancaste'r Jet Hawks,Rancho
Cucamonga Quakes, Inland Empire
66'ers, High Desert Mavericks, Visalia
Oaks, Bakersfield Blaze
Tours & MUSIC VIDEOS
, Audioslave-"Cochise" MTV Music Video
Ice Capades Tour
Michael Flattley's Lord of the Dance Tour
'-Pokemon Live Tour
'.,.
Bon Jovi Japan 8< European Tour
Pink Floyd World Tour - 20 countries
Rolling Stones- "Steel Wheels Tour"
'Disney on Ice - Singapore, Hong Kong, J?lpan
KISS, Lenny Kravitz, Boyz II Men,
Elton .lohn
AND THOUSANDS MORE.. .AGENDAITEMNO.~\
" '_ PA~OFJJ-
.eoncluslon .
& eOllllllltnHtnt
>.',' '
()
W sincerely thank The City of Lake Elsinore for allowing us to
. make this presentation. .
A sincere effort has gone into preparing this proposal. We are
eager to hear your comments and answer any questions you may
have. . .
Jeff Marttll'v
RegionaL saLes Manager
~ are confident that after your complete 'revi~of our ideas
and performance capabilities you will select Pyro Spectaculars by
Souza asyour fireworks company.
U
ACENDA ITEM NO. 3 \
PACE I t'l) OF ~
Page 11
..
'L
By carefully selecting the shape, color,
siZe .and 'substance of our confetti and
by paying special attention to its
aerodynamic qualities, we produce
dazzling visual displays. Unique '. .
confetti shapes that dance in the air!
Colorfulstrea.mers that burst overhead
. then f1oatto the ground! . .
," .'
. Super Bowl XXXV
, ' ":'.
.;-~~,> :-\, } <: ~:.. \~ ',:; .~~~
,.... "', ~.,~~\<; .;,...
;- ';--"-""i":~..,,, :::. "J, '"'Y..-/'
.. ':.'.,. " "",:,.., - '"'-- ~',-'''', -'~> '- '\.,~. ' ~:;:.--:,~ '~--.' .. .
: 'c.: '~.{.. \ ",,'i..itl( ,'-' ~ .,\ - _r:""l't ~.J- , S('- <c:-
;~~~I..:i~lt
""""''''i'''t'../~. .,
, :/_:io t.'.~r':~'~)r'~:',l:<:';:'\> ",f:.,~'.I~! _,':.\('
-:... ,_......f -., .':J:..... .;;,.J'.,.. .. j ", .,,",
.. .:::-~. ',:~r ~.,>ijl<~&'~,:~[ ,.~\":;): '/ ,\~ "
"
We offer full-service confetti programs,
handheld confetti cannons, a variety of
remote fired confetti systems, and
continuous flow confetti units are
available. .:r.'c:::iJ
.
NDA ITI;M NO. .P,\
PAoe_L~ Of~
Page 12
tt A A
Victoria Gardens Cultural Center Groundbreaking
PYRO SPECTACULARS, INC.
Display Agreement
o
I) THIS AGREEMENT, entered into this day of
California corporation hereinafter referred to as "PYRO" and
City of I ,ake Elsinore
. 2~ by and between PYRO SPECTACULARS, INC., a
hereinafter referred to as "PURCHASER.
2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, ..,...2.-flreworks display
as per Program ----A- , submitted, accepted and made part .hereof, including the services of a licensed pyrotechnic operator to take
charge of and, along with sufficient helpers, safely discharge the. display.
The said display is scheduled to be performed on .Julv 4. 2005. ,2~ at
I,ake Elsinore I,evee
3) PURCHASER, at its own expense, agrees to provide to PYRO: _' .
A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to
PYRO in which the fueworks and fuework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection,
roping, fencing andlor other crowd control measures to prevent the access of the public or iis property or any other people or property.
not authorized by PYitO into the DISPLAY SITE. C) The services and ccist' of standby firemen andlor anyapplieable permit fees
as reqnired by state and loeal statutes, ordinanees or regulations; .D) Access by PYRO, at all times; to the DISPLAY SITE to set
up the display. If PURCHASER fails to fully comPly with requirements A, B, C andlor D .set forth above, PYRO shall have no
obligation to perform and PURCHASER agrees to pay to PYRO the entire contract price plus any additional expenses incurred
because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display
("Spectator Area") andlor an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area
does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures
thereon, including, but not limited to grandstands and bleachers are safe for use by spectators; G) have sole responsibility for ensuring
that the Parking Area is safe for use; II) Have sole responsibility to police, 1110nitor and appropru.teiy control spectator access to the
Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas; It is ( ,\'.
expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise 'any 31"-"
the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and J) .
After completion of the Display, that the Display Area is cleared of any live fuework debris originating from the program.
4) PURCHASER shall pay to PYRO the sum of Twenty Thousand Dollars
($ 20.000.00 ). A deposit of $ 10.000.00 . and fire department fees approximated at $ 0.00 must be paid by
June 6. 200S. Full final payment is due the first regular business day after the date set for the display. A finance charge at a
periodic rate of 1.5% per month, 18% annual percentage rate, or the maxiroum rate peimitted by law, whichever is less, will be
charged on the unpaid balance after ten days from the date of the display. PURCHASER, by signing this agreement, authorizes PYRO
to receive and verify fmancial information concerning PURCHASER from any persori or entity. .
5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO' s control, which may prevent the display from
being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased
, .
the display, or which may affect or damage such portion of the exlubits as must be placed and exposed a necessary time before the .
display. It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled
date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is
unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be
cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
agree on a new display date, PYRO.shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
display on the date set for /he display, as provided in the following paragraph.
6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display. If PURCHASER exercises
this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price. I)
25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days
of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical sett)..
of the display actually begins, 4) 100"10 thereafter.. If cancellation occurs prior to the date set for the display, PURCHASER agre (
pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents
including but not limited to music/narration tape production and/or sponsors logos.
(continued on reverse)
ACENDA ITEM NO. .-=3\ .
. PAoeJ.!f..:Of~
PYRO SPECTACULARS, INC.
Display Agreement
,....:!) In the event PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount ofPYRO's
\ lamages. The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display.
8); PYRO reserves theownersbip rights and trade names that are used in or are a product of the pyrotechnic display to be performed
herein. Any reproduction by sound, video or other duplication or recording process without the express written permission ofPYRO is
prohibited. .. . .. '
9) PYRO agrees to furnish insurance coverage in connection with the Display onlv. for the following risks and amounts: bodily injury
and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such insurance
shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage
arising from the operations ofPYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall
not include claims made against PDRCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including
through or by its employees, agents and/or independent contractors, to perf 01111 its obligations, under this agreement, including, without
limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide discretionary Specta~or and
Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims
and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph. .
10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled
to reasonable attorney fees ,and costs in addition to any other relief to wbich they may be entitled.
" ,
II) In the' event PYRO breaches this agreement, or is otherWise negligent in performing the fireworks display provided for herein,
PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER
, agreed to pay PYRO imder this Agreement., PURCHASER shall not, undi:r any circumstances, be entitled to recover any consequential
damages from PYRO including; without limitation, for loss of income, business or profits.' Nothing in this paragraph shall be construed
, as a ~oditication or limitation on the iIisurance c~verages afforded to Paragraph 9 above.
12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a
"..-..partnersbip or joint ventUre betWeen PURCHASER and PYRO. The parties hereto shall be severally responsible for.their own separate
( ~ebts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein.
1 . . .
13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the
State of California shall have exclusive jurisdiction to adjudicate any disputes ariSing out of this contract or performance of the display
provided for herein. It is further agreed thatthe Central Iudicial District of San Bemardino County, Califomia, shan be proper venue for
any such action. . - .
14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United Staies
Mail,postage prepaid, fust class, addressed as follows: PYRO - pyro SpectacnIars,lnc., P. O. Box 2329, Rialto, California 92377.
PURCHASER _ City of Lake Elsinore: 130 South Main Street. Lake Elsinore. CA 92330 - Julv 4. 2005 - Prcwram "A"
15) . All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. . Both parties
acknowledge they have received a copy of said written' Agreement and agree to be bound by said terms of written Agreement only.
, '
, '
" 16) Ifthere;s more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligatio
under.this agreement; This Agreement shall become effective after it is executed and accepted by PURCHASER and idler it is
by PYRO atPYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including fax
each one of which shall be deemed an original against the party executing same. This Agree;"ent shall be biDding upon
hereto and upon their heirs, successors, executors, s and assigns. PURCHASER recognizes that beea .
fireworks, an mdustry accepted level of 3% of the produ ny display may not furiction as designed and
nonperformance is acceptable as full performance. '
:,>
x
In Witn.ess Whereof the parties hereto,llY and thr
of ,2~. .
~uthoriz~d agents, have set their ~ands and
PRESIDENT
. Purchaser is responsible for payment of
fire department permn and standby fees,
if applicable.
. Purchaser to provide firing sne,
communication, and security.
. Price firm through June 6, 2005.
. Price includes full electronic firing.
Show Produc NO.
PAOEJS-OF
0,
..;,,'....:
, Title
PURCHASER
PRINT NAME
PYRO SPECTACULARS, INC.
Display Agreement
'U
1) THIS AGREEMENT, entered into this dayof 20~ by and be~e'm PYRO SPECTACULARS, INC., a
Caiiforma corporation hereinafter referred to as "PYRO" and'
City of I ,ake Rlsinore hereinafter referred to as "PURCHASER.
2) PYRO agrees to furnish PURCHASER, in ~~cordance with the term:' and conditions hereinafter set forth; ---L.-frreworks display
as per Program ~ , submitted, accepted and made part hereof, including the services of a licenSed pyrotechnic operator to take
charge of and, along,with sufficient helpers, safely discharge the display.' , ,
The said display is scheduled to be performed on . Julv 4. 2005 ,2005 , at
I.ake Rlsinore I.evee '
3) PURCHAS!'R, at its own expense, agrees to provide to PYRO:
A) A suitable DISPLAY SITE in which to stage the frreworks display, including a firing and fallout zone reasonably acceptable to
PYRO in which the frreworks and frrework debris may be exhibited, rise and fall safely. B) Adequate policing, guard protection,
.. roping, fencing and/or other ,crowd control measures to prevent th~ access of the public or its property or any other people or property
not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and/or' any applicable permit fees
as required by state and local statntes, ordinanceS or'regulations. D) Access by PYRO, at all tiines, to the DISPLAY SITE to set
up the display. If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no
obligation to perform and PURCHASER agr",?s to pay to PYRO the enfue contract price' plus any additional' expenses incurred .
because of said failure. If, in its sole discretion, PURCHASER designates an area for members of the public io view the Display
("Spectator Area") and/or an area for vehicular parking ("Parking Area"), the PURCHASER shall: E) Ensure that the Spectator Area
does not infringe on the Display Area; F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures
thereon, including, but not \imited to grandstands and bleachers are safe for use by spectators; G) have sOle responsibility for ensuring
that the Parking Area is safe for use; H) Have sole responsibility tO'police, monitor and appropriately contro\ spectator access to the
Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is _
expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any';: ,)
the site other than the Display Area, except to ensure: I) That any Spectator or Parking Areas are outside the Display Area; and 1J'-'"
After completion of the Display, that the DiSplay Area is-cleared of any live frrework debris originating from the program.
, 4) PURCHASER shall pay to PYRO thesurn ~fTwentV Thousand, Dollars
($ 20.000.00 ). A deposit oU t 0.000.00 and fire department fees approximated at S 0.00 must be paid by
June 6. 2005. Fnll final payment is due the first regular business day after the date set for the display. A fmance charge at a
periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be
charged on the unpaid balance after ten days from the date of the display. PURCHASER, by signing this agreement, authorizes PYRO
to receive and verify fmancial information concerning PURCHASER from any person or entity. - , . . .,
5) PURCHASER agrees to assurne the risk of weather, or other causes beyond PYRO's control, which may prevent the display from
being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased
the display, or which mayatrect or damage such portion of the exhibits as must be placed and exposed a necessary time before the
display. It shall be within PYRO's sole discretion to aeteimine wlieiher or not the display may be safely discharged on the scheduled
date and at the scheduled time. If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is
unable to safely discharge the display on the scheduled date or should any.event for which PURCHASER lias purchased the display be
cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date.
. PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement. If they are unable to
agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the
display on the date set for the display, as provided in the following paragraph.
6) PURCHASER shall have the option to urlilaterally ~ancel this display priOl' to the date ofllie display: If PURCHASER exer~ises
this option, PURCHASER agrees to pay.to PYRO, as liquidated damages, the following percentages of the agreed contract price. I)
25% if cancellation three (3) or more days prior to the scheduled lhY of the display, 2) 50% if cancellation occurs within two (2) days
of the actual date set fo~ the display, 3) 75% if cancellation OCcurs on the date set for the.display but pnor to the time physical set.uo
of the display actually begins, 4) 100% thereafter. If cancellation occurs prior to the date set for the display, PURCHASER agre; I
pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its a~
including but not limited to music/narration tape production and/or sponsors logos.
(continued on reverse)" -.
ACENDA'IJEM NO.~
PAO!+OF~
'-
PYRO SPECTACULARS, INC.
DisJllay Agreement
7) In the event PURCHASER cancels the display, it will be impractical or extremely difficuli to fix the actual amount ofPYRO's
(\ damages. The foregoing represenlli a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display.
8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed
herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is
prohibited.
9) PYRO agrees to furnish insurance coverage in connection with the Display onlv, for the following risks and amounts: bodily injury
and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such insurance
shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage
arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall
not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including
through or by its employees, agents and/or independent contractors; to perform its obligations under this agreement, including, without
limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and
Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnifY and hold PYRO hannIess from all claims
and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph.
10) Ifany legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled
. to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
II) In the event PYRO breaches this agreement, or is otherwise negligent in performing the frreworks display provided for herein,
PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER
agreed to pay PYRO under this Agreement. PURCHASER shall not, under PUy circumstances, be entitled to recover any consequential
damages from PYRO including, without limitation, for loss of income, business or profits. Nothing in this paragraph shall be construed
as a modification or limitation on the insurance coverages afforded to Paragraph 9 above.
12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a
partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate
n debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein.
13) This Agreement shall be governed and interpreted under the laws .of the State of California. It is further agreed that the courts of the
State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or perfonnance of the display
provided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for
any such action.
14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States
Mail, postage prepaid,frrst class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P. O. Box. 2329, Rialto, California 92377.
PURCHASER - Citv of Lake Elsinore: 130 South Main Street. Lake Elsinore. CA 92330 - Julv 4: 2005 - Pr....ram "A"
15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties
acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement ouly.
16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations
.under this agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is exe
by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed c
each one of which shall be deemed an original against the PartY executing sarne. This Agreement shall be binding upon the
here:to and upon their heirs~ successors, executors, administrators and'assigns. PURCHASER recognizes that because 0
f.reworks, an industry accepted level of3% of the product used in any display may not function as designed and this
nonperformance is acceptable as full performance. . .
('
In W ilness Whereof the parties hereto, by and through th .
ed agents, have set their hands and se
X
PURCHASER
. Title
.. Purchaser is responsible for payment of
fire department permit and standby fees,
if applicable.
. Purchaser to provide firing site,
communication, and security.
. Price firm through June 6, 2005.
. Price includes full electronic firing.
Show Producer: Jeff Martin
PRINT NAME
PAOI I Y"J __OF ~
~:>/:dln~~:> lq::>:dbl~~:d~~:n:d
~ u Yli<:EWURK5~-AMi:.Ii(l(:;A
PAGE-02
City of Lake,E/~!nore
:.
u
r ,_': ('
. ':
;;1
Presents'
, : ,",
Independence Day
A ,Fireworks Extravaganza
, ~
',July 4, 200~ '
., "
r . .~.
u
"
!;,.:,,'
Produced by
.', '
.a..
~ ;~
" . (' (,,.,i; ; ':' -",r~ ;'
J. : )', ~;-~,~) ~ ~. _ .~~
.J. .. .J. .... I ~ -~~, _ ~. '__ .
.~ .....co.. '-',> ..
:5.. ~i:51:fJ.e h ^
.
". r:' I '_.~..l ~- oJ ; _,I
'" ".-i l.i.l~' l ;..,,~; ~,~.
"The Difference is Quality" ~
u
MAY 31 '05 15:06
ACEN9A ITj r: ,;.s \
" PAO!OF4
6199388273 .. PAGE. 02
o
('1
('1
D~I~~/~O~~ ~~~~~
r J.KJ:.WV'"''':::l Hl~IJ:.ro::.L'-'H
OJ.::J::J.;IOO,Lf.:l
r-HUt. t:1.::S
City of Lake Elsinore
Show Concept, Services List,
and Miscellaneous Details'
Services List:
I
Fireworks America to Provide:
Citvof Lake Elsinore to Provide:
1) Permit Filings as Required
2) Storage and Delivery of fireworks
3) All Equipment to produce the display
4) Insurance Aggregate amount of
$1,000,000 (Sample attached)
5) Worker's Compensation Insurance
(Statute)
1) A Suitable Firing Site
2) Adequate Security for Firing Site
3) Permit Fees
4). Standby Firefighter Fees, if req'd
.
Ooerators and Assistants:
I
.
Fireworks America will provide the services of a State Licensed Pyrotechnic
Operator and eXPerienced crew to fire your display. The entire crew will be
covered under Fireworks America's Worker's Compensation Insurance.
Payment Terms:
'I
.
50% Deposit on Contract Execution, Balance Net 10 Days
Method of Discharae:
I .
.
. . ..'
The show will be fired electrically.' Each fireworks event will have its own
ignitor for precise timing. Fireworks America will provide the firing panel,
cable, distribution system and power for the show.
MAY 31 '05 15:05
AGENDA IltM "v. 3\
PAOE4-OF4
519938827:3.PAGE.03
~~/31/~tltl~ lq:~~ ~bi~~38~2/~
r!~~WU~KS-AME~~~R
~#-\15~l:Jq.
City of Lake Elsinore
Independence Day
. July 4, 2005 .
Aerial Show Presentation
I
Aerial Grand Finale
u
ProoramA
Pl'OOf'8mA
Aerial Titanium Flash Salutes
3" 20
: 'Color and Multi-Color Finale Shells
': Color and Multi-Color Aerial Shells
3" 30.
4" ,30.
5" 24
6" 18
.3" 150
. 4" 24
Aerial Flash Salutes -
3" 100
Flitter. Glitter. Electric Color and
Color Changing Shells
3" 30
4" 24
5" 20
6" 14
Finale Crown
6"
12"
2
1
Grand Totals
. herial Shells
I
DistinctiVe and Unique Aerial Shells
3" . -30
4" 16
5" 16
6" 10
u
..
.3"
4"
5"
6"
Premium Aerial Shells
3" 20.
4" 10
5" 10
6" 10
8"
380
.104.
70.
54
9
5.
4
10"
12"
irotal Aerial Shells
626
.
.
u
MAY 31 '05 15:06.
AGENDA ITEM NO. 31
PAOE-4iLOF ~(
6199388273 PAGE. 04
65/31/2665 14:53
&199388273
FIREWoRKS AMERfCA-
PAGE 65
City of Lake Elsinore
Independence Day
July 4, 2005
.
("\
Laroe Diameter Shells .
I
Pro.aram Price
I
.
Proaram A
Total Program Price Inclusive of
Insurance, Operator and
Transportation
. Color and Multi-Color Aerial Shells
8" 3
10" 2
12" 1
Cost
$20,000
Flitter, Glitter, Electric Color and
Color Changing Shells
8" 3
10" 2
12" 1
. ,_. V'_""""~'...>~"~
('\
Distinctive and Unique Aerial Shells
8" 3
10" 1
12" 1
.
, I
~.. ! /.. /_00). ~, _'~_' 'J .1'~' i
1.' &.1 ~~-:' i ,i !.l..'~..,
84.' S~..t.ag~ IFX
-.,- .
. '. 'r' ", {"'I ,.~.::~ j--" , -' ;, ~. \
~"~.~.L-1. \.;...J. .:. L-- .:..:...
(\
. Fireworks America Products
ACENDA ~M NO. ~ ~ I
,- '. . ~^....r ,~11 'O.F' ~'J I
.__...,..~E~~
MOV ~1 ,~~ 1~:~?
t::1QQ~CQ'J"'<
onr:c: lAc:::
, .
-,
,- :.~
.-' ,
u
.......
u
u
.. 'I
('\
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CI'fY MANAGER
DATE: juNE 14,2005
SUBJECT: RESOLUTION OF INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 2005-5
(VILLAGES A T WASSON CANYON)
BACKGROUND
(\
On October 12, 2004, City Council approved the tentative tract maps for the Wasson
Canyon development The City's fInance team has met with the developer and their
fInancial consultants to discuss the formation of a Conpnunity Facilities District for .
the project.
DISCUSSION
The developer plans to build 191 single family homes. B~ild out is projected in the
tax spread analysis in 2007-2008.
Special Tax
The average residential special tax is estimated at $2,479. The annua1'CFD tax
amounts, when combined with all other property taxes applicable to the project, are ,
estimated to be approximately 2%, which is within the 2% City CFD guidelines.
The tax rate includes an estimates for the Lake Elsinore Unified School District's
CFD for the Wasson Canyon development and the new proposed Parks, Open
Space, and Storm Drains CFD. '.
.
Parks, Open Space and Storm Drains Operation and Maintenance'
Built into the rate and method of apportionment (RMA), as special tax B, is a
component to cover a portion of increased cost of maintaining parks, open space and
('\ storm drains as a result of the new development.
AOENDA ITEM NO.. . ~ ':7
_ PAOE-L-OF .5 5
REPORT TO CITY COUNCIL.
JUNE 14, 2005
PAGE 2
u
The Mello-Roos Community Facilities Act of 1982 ("the Mello-Roos Act") was
specifically drafted to assist agencies with the impacts of new developments. In
addition to providing a mechanism to fund the construction of public infrastructure,
the Mello-Roos Act allows an agency to fund the incremental increase in cost of
services due to the new development. These services are limited topolice, fire
(including paramedic), maintenance of parks, parkways, open space and storm
drains.
This is the first development where this maintenance component ofthe RMA is
proposed and will be recommended for all new facilities CFD's going forward as a
part of the RMA. If a development is not forming a facilities CFD, a separate
operating & maintenance CFD would be formed and other new developments that
. , , . . I
are not forming a facilities CFD would)e annexed into that new district similar to
tht<Police, Fire and Paramedic CFD. is presented in Table 2 on page 9 of the .
RMA, residential property will be assessed $242 a unit and non-residential property, U
will be assessed $545 per acre.
Bond Issue
In order.to finance the facilities it is necessary to incur bonded indebtedness. The
not to exceed amount has not been 'determined yet although it is currently estimated'
that bonds will be issued for about $6,920,000. ' .. . . . . ;
FISCAL IMPACT
The administrative cost to the City will be paid by the $50,000 deposit made by the
develoj>eL ..
Repaym~nt of the bonds are seclired by the' special 'taxes levi~d on all property
within the district, other than those properties that are exempt as provided in the
respective rate and method of apportionmem.
The City will, however, be faced with a long-term obligation going forward to
maintain the City public facilities constructed with ~roceeds of the CFD bonds.
u
AGENDA ITEM NO.
PACE a
:::<)2-
OF .3 C)
("1 REPORT TO CITY COUNCIL
JUNE 14,2005
PAGE 3
PROCESS
The formation of the Mello-Roos Community Facilities DistriCt requires a specific'
process as outlined in the attached resolution to establish a CFD. The City Council
will need to hold a public hearing on th~ fOnTIation' of the District and for the. ,.' ."
approval of the bond documents. At the public hearing the participating property .
owner will have the opportunity to vote. The public hearing can be scheduled for
July 26, 2005.
RECOMMENDATION
(1
It is recommended that City Council:
1. AdoptResolution ofIntention 2005 :..- ~.. _to Establish CFD 2005-5
(Villages at Wasson Canyon) .
2. . Schedule the public hearing on the District Formation for July 26, 2005
PREPARED BY:
MATT N. PRESSE
. DIRECTOR OF MINISTRATIVE SERVICES
CI
. "
APPROVED FOR
AGENDA BY:
.j'
.1
]"
,
, . " h
n
ACENDA ITEM NO. ,.:j2.
PACE3 OF ~ C;
RESOLUTION NO. 2005 - ~
u
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE TO ESTABLISH CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT
WASSON CANYON)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore (the "City")
has received a petition (the "Petition~') requesting the institution of proceedings for (i) formation
of a connnunity facilities district (the "CFD") pursmmt to the Mello-Roos' Connnunity Facilities
Ac"t of 1982, as amended (the "Act"), (ii) authorization of issuance of bonds for the CFD, and
(iv) establishment of an appropriations limit for the CFD;and
. WHEREAS, the Council has determined that the Petition complies with the requirements
of Government Code Section 53318(c) and now intends to initiate such proceedings; and
WHEREAS, it is the intention of the Council to finance parks, open space and storm
drains maintenance services that are in addition to those provided in the territory within the CFD
prior to the formation of the CFD and do not supplant services already available within the
territory proposed to be included in the CFD through the formation of the CFD subject to the
levy of a special tax to pay for such services, being appro>;~d at an election to be held within the
boundaries of the CFD; and
WHEREAS, it is also ,the intention of the Council to finance the acquisition and U
construction of the Facilities (as defined below) or any combination thereof through the
formation of the CFD, subject to the authorization of bonds and the levy of a special tax to pay
lease payments, installment purchase payments or other payments, or principal and interest on
bonds, being approved at an election to be held within the b?undaries of the CFD;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
, - .. '. -., ,.
Section 1. The Council hereby determines to institute proceedings for the formation
of a: community facilities district under the terms of the Act. The exterior boundaries of the CFD
are hereby specified and described to be as shown onthat certain map now oil file in the office of
the Clerk entitled "Proposed Boundaries of City of'Lake Elsinore Connnunity Facilities District.
No. 2005-5 (Vlilages at Wasson Canyon)," which map indicates by a boundary line the extent of
the territory included in the proposed connnunity filCilities district and shall govern for all details
as to the extent of the CFD. On the original and one copy of the map of such CFD on file in the
City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption
of this resolution. The City Clerk shall file the original of such map in her office and, within
fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such
map so endorsed in the records ofthe County Recorder, County of Riverside, State of California.
Section 2. The name of the proposed CFD shall be "City of Lake Elsinore
Connnunity Facilities District No. 2005-5 (Villages at Wasson Canyon)." U
45619645.1
ACENDA ITEM NO.
PACE Lf'
~Q...
OF 15
('
('I
('I
Section 3. . Except where funds are otherwise avaiiable,' it is' the" intention of the
Council to levy annually in accordance with procedUres' contained in the Act a special tax (the
"Services Special Tax") sufficient to finance a portion of the cost ofprovidil1g parks, open space
and storm drains maintenance services (the "Seririces") that are in addition to those provided in.
the territory within the CFD pnor to the formation of the CFD and do not supplant services
already available within the territory 'proposed to be included in' the CFD, the costs of
administering the levy and collection ofihe Services Speci::II Tax and all other costs ofthe'levy
of the Services Special Tax, including anyforeclosure proceedings; legal, fiscal, and financial
cimsultant fees, election costs; and all other administrative costs of the tax levy. The Services
Special Tax will be secured by recordation' of a continuing lien against all non-exempt '
undeveloped real property in the CFD. . The schedule of the rate and method of apportionment
and manner .of collection of the Services ,Special Tax is described in detail in Exhibit A attached
hereto and by this reference incorporated herein. .. ,
The Services Special, Tax is apportioned to each parcel on the foregoing basis pursuant to
Section 53325.3,ofthe Act.... ,
. Section 4. The facilities proposed to be financed, by the CFD are public infrastructure
facilities and other governmental facilities with ari estimat~d useful life of five years or longer, .
which the CFD is authorized by law to construct, own or operate and that are necessary to meet
increased. demands placed upohthe City as a result of development or rehabilitation occurring
withln the proposed CFD, including but not limited to City and EVMWD Capital Facilities Fees,
public street and storm drain system improvements, and related costs including designs,
inspections, professional fees, annexation fees,. connection fees. and acquisition costs (the
"Facilities"). Such Facilities need not be physically located within the CFD.
Section 5. Except' where funds are otherwise available, it is the intention of the
Coundl to levy annually in accordance with procedures contained in the Act a special tax (the
"Special Tax") sufficient to pay for the costs of financing the acquisition and/or construction of ,
the Facilities, including the principal of and interest on the bonds proposed to be issued to d
finance the Facilities and other periodic costs, the 'establishment and replenishment' of reserve
funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy.
and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance
of the' bonds, including any foreclosUre proceedings, 'arbhitectural,engineering, inspection, legal,
fiscal, and finanCial consultant fees, discount fees, interest on bonds due and payable prior to the
expiration of one year from the'date of completion of facilities (but not to exceed two years),
election costs and all costs of issuance of the bonds, including, but not limited to, fees for bond
counsel, disclosure counsel, financing consultants and printing costs, and all other administrative
costs of the tax levy and bond issue. The Special Tax will, be secured by recordation of a
continuing lien against all non-exempt real property in the 'CFD. In the first year in which such a .
Special Tax is levied, the .levy shall include a sum sufficient to repay to the City all amounts, if
any, transferred t~ the CFD pUrsuant to Section 533.14 of the Act 'and interest thereon.. The .
schedule of the rate and method of apportionment a1,1d manner of ~oiIection offue Speciai Tax is
described in detail in Exhibit A attached hereto and.by, this reference incmporated herein. The
Special Tax. i~ based upon the cosi of financing the Facilities in the CFD, the demand that each
parcel will place ~n the Facilities and the benefit (direct and/or indirect) received by each parcel
from the Facilities. .
45619645.1
2
ACENDA ITEM NO.
PACE 5
32-
OF~~
The Special Tax is apportioned to each parcel ~n the foregoing ~asis pursuant to Section U
53325.3, of the Act. , In the event that a porti!,n of the property within theCFD, shall become. for
any. reason exempt, wholly or partially, from the levy of the Sl?ecial Tax, the. CounCil shall, on
behalf of the CFD, increase the levy to, the extent necessary upon the remaining property within
the CFD which is not delinquent or exempt in order to yield ,the required'payments, subject to the,'
maximum tax. Under no. circumstances, however, shall the Special Tax levied against any parcel
used for private residential purposes be increased as a consequ~ce 'If d~linquency or default by
the owner of any other parcel or parcel~ within the CFD by more than 10 percent. ,Furthermore,
the maximum 'special tax authorized to be levied against any parcel used for private residential
. ". ' ,
purposes shall not be increased over time in 'excess of2 percent per year. ",
. .. .J' . ..
, Section 6, . The Council hereby finds that the pr~posed' Facilities' are necessary to '
. ,... . ,-" . .' -" -, ..
meet increased demands put' upon the City as a result ofthe new development or rehabilitation.
within the proposed CFD. "
.. ,. , . 1 , . , ~ " ,," .-'
Section 7, A public hearing (the "Hearing") on the establishment of the CFD,and the
proposed rate and method of apportionment of the Services Special Tax and the Speciai Tax
shall be. held on JlIly 26,2005, at 7:00 p.m., or as soon thereafter as practicable, at ihe chambers
ofthe Council, 1'30 S. Main Street, Lake Elsinore, California 92530, '
..' .,,' '-"
. " , . , ','".'
Section 8." At the time' and place set forth' above for the, hearing, any interested
person, including all persons oWning'lands or registered to vote within the proposed CFD, may
. . . I ;
appear and be heard. .' '.,', . ,'.
Section 9, ' Each City officer who is or will' be responsible for the Services and the
Facilities to be financed by the CFD, ifit is established, is hereby directed to stUdy the proposed
CFD and, at or before the time of the above-mentioned Hearing, file a report with the Council,
and which is to be made a part of the record of the Hearing, containing a'brief description of the
SerVices and the Facilities by type which will in his or her opinion be required to adequately
meet the needs of the CFD and his or her estimate of the cost 'of providing the Services and the
Facilities.., The City Manager is directed to estimate the fair and reasonable cost of air incidental'
expenses, including the cost of planning and desigfiing the Facilities to be financed p1!~suant to
the Act, including the cost of envirorimental evaluations .ofsuch facilities, all costs associated
with the creation of the' CFD, issuance, of bonds, determination of the amount of imy special
taies, collection of, ani special taxes, :01' costs, otherwise incurred in order to carry out the
authorized purposes of the City with respecfto the 'CFD, and any' other expenses incidental to the
construction, completion and inspection of the authorized work to be. paid tlirough the proposed
financing: ,', ,
'r'
, Section 10. The City ,may accept advances of funds from any sources, including
private persons 'or private entities, and is authorized and directed to use such funds foi any
" '. . . " . j,
authorized purpose, inchiding any cost incurred by the City in creating 'the CFD: The City may
enter into an agreement to repay all of such funds as are not expended or committed for any
authorized purpos{ at the time of the eiection on the levy of the Services Speciai T~ and the
Special Tax, if the proposal to levy such tax should faiJ;' and to repay all of such funds advanced
I' .. ,. ,- : ,.' -,
if the levy of the Services Special Tax and the SpeCial, Tax shall be approved by the qualified
electors of the CFD.' '. ,. . , "
45619645,1
3
AGENDA ITEM NO,
PAGE' ~
37-
OF~S
u
u
("'\
n
n
Section 11. The City Clerk is hereby directed to publish a notice (''Notice'') of the
Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the proposed CFD. Such Notice shall containinfonnation set forth in
Section 53322 of the Act. Such publication shall be completed at least 7 days prior to the date of
the Hearing. .
Section 12. The Clerk may send a copy of the Notice by first-class mail, postage
prepaid, to each registered voter and to each landowner within proposed CFD as shown on the
last equalized assessment roll. Said mailing shall.becompleted not less than fifteen (15) days
prior to the date of the Hearing. .
Section 13. PursuaIit to Section 53344.1 of the Act; the Council hereby reserves to
itself, in its sole discretion, the right and authority by subsequent resolution to allow any owner
of property within the CFD, subject to the provisions of Section 53344.1 of the Act and those
conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond
indenture or comparable instrument or document, to tender to the CFD treasurer in full payment
or part payment of any installment of the special taxes or the interest or penalties thereon which
may be due or delinquent, but for which a bill has been received, any bond or other obligation .
secured thereby, the bond or other obligation to be taken at par and credit to be given for the
accrued interest shown thereby computed to the date oftender.
Section 14. The voting procedure with respect to the establishment ofthe CFD and the
imposition of the special tax shall be by hand delivered or mailed ballot election.
~2
OF35
45619645.1
4
AGENDA ITEM NO.
PAGE 7
PASSED, APPROVED AND. ADOPTED this
CITY OF LAKE ELSINORE
".',
By:
Title: Mayor
ATTEST:
City Clerk of the City .of Lake Elsinore
.., .
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
. 45619645.1
5
day of.
)<1,
,','
. ,,'.
ACENDA ITEM NO.
_p~5?
,2005. .
32
Of '7, C;
u
',..
u
u
n
n
(',
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
)
) ss.
)
I, Vicki Kasad, City Clerk of the City of Lake. Elsinore, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of said City at a regular meeting
thereof held on the _ day of , 2005, and that it was so. adopted by the
following vote:. .
AYES:
NOES:
ABSENT:
ABSTAIN:
45619645.1 _
By:
City Clerk of the City of Lake Elsinore
AGENDA ITEM NO. 32
PAGE-s'-OF ~ C;
45619645.1 ,
. "
EXHIBIT A
" ,
RATE AND METHOD OF APPORTIONMENT
,':, "f..
roo;
ACiENDA ITEM NO. _~ Z
_ PACiE_4 0 OF?> c;
u
u
u
('I
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2005-5
(VILLAGES AT WASSON CANYON)
,'.'
A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community
Facilities District No. 2005-5 (Villages at Wasson Canyon) ("CFD No. 2005"5") and collected each
Fiscal Year commencing in Fiscal Y ear 2005-2006, in an amount determined through the application
of this Rate and Method of Apportionment as described below. All of the real property in CFD No.
2005-5, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the
extent and in the manner herein provided.
. !>.
~, (
A. DEFINITIONS
. The terms herein'after set forth have the following meanings: .
"Acre or Acreage" means the land area ofanAssessor's Parcel as shown on an Assessor's
Parcel Map, or ifthe land area is not shown on an Assessor's Parcel Map, the land area .
shown on the applicable final map, parcel map, condominium plan, or other recorded'County
parcel map.
I'
, .'.
n
"Ad" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1,
Division 2 of Title 5 of the California Government Code. ,.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration ofCFD No. 2005-5: the costs of computing the Special
'Taxes and preparing the annual Special TaX collection schedules (whether by the City or
designee thereof or both); the costs of collecting the SpecialTaxes (whether by the City or
otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee
(including its legal counsel) in the discharge of the duties required of it-under the Indenture;
the costs to the City, CFD No. 2005-5 or any designee thereof of complying with arbitrage
rebate requirements; the costs to ,the City, CFD No. 2005-5'or any designee thereof of
, complying with disclosure requirements of the City, CFD No. 2005e5 or obligated persons
associated with applicable federal and state securities laws and the Act; the costs associated
with preparing Special Tax disclosure statements. and responding to, public f inquiries
regarding the Special Taxes; the costs of the City, CFD No. 2005-5 or any designee thereof
related to an appeal of the Special Tax; the costs associated with the release offunds from an
escrow account; and the City's annual administration fees' and third party expenses.
Administrative Expenses shall also include amounts estimated by theCFDAdministrator or
. advanced by the City or CFD No. 2005-5 for any other administrative purposes of,CFD No.
2005-5, including attorney's fees and' other costs related to commencing,andpursuing to
completion any foreclosure of delinquent 'Special Taxes.
n
"Assessor's Parc~l" means a lot or pa~cel shown in an Assessor's Par, cel Map with an :::S2.
aSSigned Assessor sParcel number., " '," AGENDA ITEM NO. .
'. " ' ,PAOE-LL-OF ?,5
, "Assessor~s Parcel-Map" means an official map of the County Assessor of the County
City of Lake Elsinore CFD No. 2005-5
(Villages at Wasson Canyon)
, '. 'June 7, 2005 .
.. i Page.l
l
.,
u
designating parcels by Assessor's Parcel number.' .' .
"Assigned Special Tax A" means the Special Tax A for each Land Use Class of Developed
Property, as:deterrnined,in accordance with Section C; l.a.(2), below.,. . , ,
" '
. ',' Authorized Facilities" ,means those authorized improvements, as listed on Exhibit "A" to '
,the Resolution of Formation. ,', ' . ,<'
J'.
"Backup Special Tax A" means the Special Tax A applicable to each Assessor's Parcel of.
Developed Property, as determined in accordance with Section C.1.a.(3) below,
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement for Facilities and the Special Tax Requirement for
Services and providing for the levy and collection of the Special Taxes.
! ,I, '
J, ~,
,"CFD'No. 2005-5" means City of Lake Elsinore Community Facilities District No. 2005-5
. (Villages at Wasson Canyon). .'. '"
" .
"
"CFD No. 2005-5 Bonds" means any bonds or other debt (as defined in Section 53317( d) of
the Act), whe~her in one or more series;issued by,CFD No, 2005-5 and secured solely by
Special Tax A levy on property within the boundaries of CFD No. 2005-5 under the Act.
"City" means the City of Lake Elsinore."
u
1'1",
, '.
. '"
"Council" means the City Council 'of the City of Lake Elsinore, acting as the legislative
'bodyofCFD No. 2005-5.. '
, .; , "t . i ~ l.
"County" means the County of River side. "
',.', ',.-,
:., "Developed Property" means,. for each Fiscal Year, all 'Taxable Property, exclusive of
'r '.Taxable Public'Property'and Taxable Property Owner Association Property, for which the
,Final Subdivisioriwas recorded on or beford anuary 1 ofthe prior Fiscal Year and a building
,,' permit for new construction was,issued after January 1, 2005 and on'or before May 1 ofthe
': Fiscal Year preceding the FiscaFYear for which the Special'Taxes are being levied. '
-' , ,'-'
"Final Subdivision" means (i) a final map, or portion'thereof, approved.by the City
pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
,.that 'creates individual lots. for which building permits. may be issued,. or .Oi) for
.',' condominiums; a'final map, or portion thereof, approved by the City and, a condominium
plan recorded pursuant to CalifomiaCivil Code Section 1352 that creates individual lots for
which building permits may be issued.
. ~"
,
", "
. >,:
"Fiscal Year" means the period starting July ,I and' ending on the following June 3?; 2
ACENDA ITEM NO.
, " . , ( ( ',' . PAGE~ OF 3> ~
u
City of Lake Elsinore CFD No. 2005-5
(VilwgaatWa~onCanyo~
June 7, 2005
Page 2
(1
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which CFD No. 2005-5 Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
. . "....
"Land Use Class" means any of the classes listed in Table I or Table 2 below.
"Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special
Tax B, as applicable.
"Maximum Special Tax A" means the maximum Special Tax A, determined in accordance
with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel.
"Maximum Special Tax B" means the maximum Special Tax B, determined in accordance
with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit permitting the construction of one or more non-residential units or facilities
has been issued by the City.
(\
"Outstanding Bonds" means all CFD No. 2005-5 Bonds which are deemed to be
outstanding under the Indenture. '
"Property Owner Association Property" means, for each Fiscal Year, any property within
the boundaries of CFD No. 2005-5 that was owned by a property owner association,
including any master or sub-association, as of January I'cifthe prior Fiscal Year.
"Proportionately" means for Developed Property that the ratio oftheactual Special TaxA
levy to the Assigned Special Tax A is equal for all Assessor's Parcels of Developed Property
and that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is equal for
all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately"
means that the ratio of the actual Special Tax A levy per Acre to the Maximum Special Tax
A per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term
"Proportionately" may similarly be applied to other categories of Taxable Property as listed
in Section D below.
"Public Property" means property within the boundaries of CFD No. 2005-5 owned by,
irrevocably offered or dedicated to, or' over, through or under which an easement for
purposes of public right-of-way has been granted, to the federal government, the State, the
County, the City, or any local government or other public agency, provided that any property
leased by a public agency to a private entity and sU,bject to taxation under Section 53340.1 of
the Act shall be taxed and classified according to its use.
[\
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio; enclosed patio, or similar area. The determination of Residential Floor Area for an
City of Lake Elsinore CFD No. 2005-5
(Villages at Wasson Canyon)
, ACENDA ITEM NO.
PACE.J ..
~7-
o;q,5
June 7, 2005
Page J
"
Assessor's Parcel shall be made by reference,to the building permit(s) issued for such U
Assessor's ParceL ,.' ' '" "
"Residential Property'" means all Assessor's Parcels of Developed Property for which a
building permit permitting the construction thereon of one or more residential. dwelling units
has been issued by the City. " ' , ' , , '- ..
"Resolution of Formation'" means the resolution o'f formation' for CFD No. 2005-5.
".
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.
"Special Tax A" means the special tax to be levied in each Fiscal Year on each Assessor's
Parcel of Developed Property, Taxable Property Owner Association Property, Taxable Public
Property, and Undeveloped Property to fund the Special TaX Requirement for Facilities.
, " . '.-' , .,
" . "Special Tax B" means the special tax to be levied in each Fiscal Year on each Assessor's
, Parcel ofDevelopedl'roperty,to fund the Special,Tax Requirement for Services.
"Special Tax Requirement for Facilities" means that amount required in any Fiscal Year
,for CFD No. 2005-5 to: (i) pay d\lbt service on all Outstanding Bonds due in the calendar
year commencing in such Fiscal Year; (ii) pay periodic co~ts on th~ CFD No. 2005-5 Bonds,
including but not limited to, credit enhancement and rebate payments on the CFD No. 2005-5 U
Bonds due, in the calendar year commencing in such Fiscal Year; (iii) pay a proportionate
share of Administrative Expenses; (iv) pay any amounts required to establish or replenish any
. . , ' .
reserve funds for all Outstanding ~onds; (v) pay for reasonably anticipated Special Tax A
delinquencies based on the delinquency rate for the Special Tax A levy in the previous Fiscal
Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent
that the inclusion of such ~ount doc6s not i~crease the Special Tax A levy on Undeveloped
Property; less (vii) a creditforfunds availabieto red)lcethe annual Special Tax A levy, as
determined by the CFD A<Jministr!ltor pursu~t to the ~denture. , ' '
. . ...' . . .
, -. j , '.
"Special Tax Requirement for Services" means ,that amount required inimy Fiscal Year
for CFn~9' 2005-5 to (i) pay, the costs assoc}ated with the maint~ance ofparh, open space
and storm drains; (ii) pay a proportionate share of Administrative Expenses; (iii) pay for
reasonably anticipated Special Tax B delinquencies based on the delinquency rate for the
Special Tax B levy in the previous Fiscal Year; less (iv) a credit for funds available to reduce
the annual Special Tax B levy~ as determined by the CFD Administrator. ' .
"State" means the State of California. ,
, . .
"Taxable Property" means all ofthe Assessor's Parcels within the boundaries ofCFD No.
2005-5 which are not exempt fro~ the Spe~ial Tax pursuant to law or Section E 'b~low.
,.
U
i'Tax~ble Property. Owner Association Property" means all Assessor's Parcels of
Property Owner Association Property that are not exempt pursuant to SectionE below.
City of Lake Elsinore CFDNo. 2005-5
(Villages at Wasson Canyon)
AGENDA ITEM NO. 32-
,', P,NJE.,J. r ,~ ~ t:;' , '
June 7, 2005
Page 4
("\
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt pursuant to Section E below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Taxable Property Owner Association Property, or Taxable Public
. - . .'
Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2005-5 shall be classified as
Developed Property, Taxable Public Property, Taxable Property Owner Association Property,
or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate
and Method of Apportionment determined pursuant to"Sections C and D below.
C. " MAXIMUM SPEciAL TAX RATE
1.. . Special Tax A.
(\
Residential Property shall be assigned to Land Use Classes I through 6 as listed in Table I
below based on.the Residential Floor Area for each unit. Non-Residential Property shall be
assigned to Land Use Class 7. Prior to the issuance ofCFD No. 2005-5 Bonds, the Assigned
Special Tax A on Developed Property (set forth in Table I), and the Backup Special Tax A
attributable to a Final Subdivision, may be reduced in accordance with, and subject to the
conditions set forth in this paragraph. If it is reasonably determined by the CFD
Administrator that the overlapping debt burden (as defined in the Statement of Goals and
Policies for the Use of the Mello-Roos Community Facilities Act of 1982 adopted by the
Council, the "Goals and Policies") calculated pursuant to the Goals and Policies exceeds the
City's maximum level objective set forth in such document, the Assigned Special Tax A on
Developed Property, and the Backup Special Tax A attributable to a Final Subdivision, may
be reduced to the amount necessary to satisfy the City's objective with respect to the
maximum overlapping debt burden level with the written consent of the CFD Administrator.
The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice
of Special Tax Lien which the City shall cause to be recorded.
a. Developed Property
(I) Maximum Special Tax A
(\
The Maximum Special Tax A for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by
application of the Assigned Special Tax A or (ii) the amount derived by
application of the Backup Special Tax A.
City of Lake Elsinore CFD No. 1005-5
(Villages at Wasson Canyon)
AGENDA ITEM NO.
PACE 15
.32-
OF _~ r:;
June7,2005
Page 5
u
, (7) Assigned Special Tax A
The Fiscal Year 2005-2006 Assigned Special Tax A for each Land Use Class
is shown below in Table 1.. .
.". ...
TABLEt
.'
Assigned Special Tax A for Developed Property :
Community Facilities District No. 2005-5
Fiscal Year 2005-2006
I ~ Residential Property => 3,600 sq; ft. $2,633 per unit.
.'
2 Residential Property 3,475 - 3,599 sq. ft: $2,614 per unit
3 Residential Property 3,350 - 3,474 sq. ft" $2,475 per unit
4 Residential Property 3,225 - 3,349 sq. ft. $2,400 per unit
5 Residential Property 3,100 - 3,224 sq, ft., $2,369 per unit U
.. , < 3,100sq. ft: $2,260 pe~ unit
6 Residential Property
7 Non-Residential Property' NA $15,615 per Acre
'. , :
AGENDA ITEM NO. 32. U
PACE J6, . Of ~ 'i
..)
City of Lake Elsinore CFD No, 2005-5
(Villages at Wasson Canyon)
June 7, 2005
Page 6
(\
(3) Backup Special TaxA
. The Fiscal Year 2005-2006 Backup Special Tax A attributable to a Final
Subdivision will equal $15,615 multiplied by the Acreage of all Taxable
. Property, exclusive of any Taxable Property Owner Association Property and
Taxable Public Property, therein. The Backup Special Tax A for each
Assessor's Parcel of Residential Property shall be computed by dividing the
Backup Special Tax A attributable to the applicable Final SubdiVIsion by the
number of Assessor's Parcels for which building permits for residential
. construction have or may be issued (i.e:,the number or residential lots ). The
Backup Special Tax A for each Assessor's Parcel of Non-Residential
:.Property therein shall equal $15,615 multiplied by the Acreage of such
Assessor's ParceL
n
If a Final Subdivision includes Assessor's Parcels of Taxable Property for
which building permits for both residential and non-residential construction
may be issued, exclusive of Taxable Property Owner Association Property
. and Taxable Public Property,' then' the Backup Special Tax A for each
Assessor' sParcelofResidential Property shall be computed exclusive of the
Acreage and Assessor's Parcels of property for which building permits for
non-residential construction may be issued.
Notwithstanding the' foregoing, if all or any portion of the Final
Subdivision(s) described in the preceding paragraphs is subsequently changed
or modified by recordation of a lot line adjustment or similar instrument, and
only if the CFD AdmiiIistrator determines that such 'change or modification
. results iIi a decrease in the number of Assessor's Parcels of Taxable Property
for which building permits Tor residential construction have or may be issued
within such Final Subdivision, then the Backup Special Tax A for each
.' Assessor's Parcel of Developed Property that is part of the lot line adjustment
or similar instrument for such Final Subdivision shall be a rate per Acre as
calculated below. The Backup Special Tax A previously determined for an
Assessor's Parcel of Developed Property that is not a part of the lot line
adjustment or similar instrument for such Final Subdivision shall not be
recalculated.
1. Determine the total Backup Special Tax A anticipated to
apply to the changed or modified Final Subdivision area prior
to the change or modification: .
2.
The result of paragraph 1 above shall be divided by the
Acreage of Taxable Property which is ultimately expected to
exist in such changed or modified Final Subdivision area, as
reasonably determined by the CFD Administrator.
n
City of Lake Elsinore CFD No. 2005-5
(Villages at Wasson Canyon)
AGENDA ITEM NO. ~2
PAGE...LZ-OF ~S
June 7, 2005
Page 7
~
-,:
3. The result of paragraph 2 above shall be divided by 43,560.
The result is the Backup Special Tax A per square foot of
'. Acreage which shall be; applicable to Assessor's Parcels of
Developed Property in such changed or modified Final
Subdivision area for all remaining Fiscal Years in which the
Special Tax may be levied.
u
,(4) Increase in the Assigned Special Tax A and Backup Special Tax A
The Fiscal Year 2005-2006 Assigned Special Tax A, identified in Table I
above, and Backup Special Tax A shall increase thereafter, commencing on
July 1,2006 and on July I'of each FiscalYear thereafter, by an amount equal
to two percent (2%) ofthe amount in effect for the previous Fiscal Year.
. (5) Multiple Land Use Classes
.", .
In some instances an Assessor's Parcel of Developed Property may contain
more than one Land Use Class. The Maximum Special Tax A levied on an
.Assessor's Parcel shall be the sum, of the Maximum Special Tax A for all
Land Use. Classes located on that. Assessor's Parcel. The CFD
Administrator's allocation.toeach type of property shall be final.
u
b. . Taxable Propertv Owner Association Propertv. Taxable Public ProPertY. and
Undeveloped Propertv " , ..
The Fiscal Year 2005c2006 Maximum Special Tax B for :raxable Property Owner
Association Property, Taxable Public Property, and Undeveloped Property shall be
$15,960 per Acre or portion thereof, and shaIrincrease thereafter, commencing on
July I, 2006 and on July I. of each Fiscal Yeartheniafter,by an amount equal to two
percent (2%) of the Maximum Special Tax B for the previous Fiscal Year.
'",,) :
2.
Special Tax B
'. .
.1
Residential Property shall be,assigned to Land Use ,Class I and NoncResidential Property
shall be assigned to Land Use Class 2.
.. a. , . DevelopedPropertv
., ~
The Fiscal Year 2005-2006 Maximum Special Tax B for each Land Use Class of
Developed Property is shown below in Table 2.
tto;
AClENDA ITEM NO. 32 U
PAOE..lL-OF .3 C;
.' ,
City of Lake Elsinore CFD No. 2005-5
(Villages at Wasson Canyon)
June 7, 2005.
Page 8
(1
n
(1
TABLE 2
Maximum Spedal Tax B for Developed Property
Community Facilities District No. 2005-5
Fiscal Year 2005-2006
1
'2
Residential Property
Non-Residential Property
$242 per unit
$545 per Acre
b. Increase in the Soecial Tax B
The Fiscal Year 2005-2006 Maximum'Special Tax B, identified in Table 2 above,
shall increase thereafter, commencing on July 1, 2006 and on July I of each Fiscal
Year thereafter, by an amount equal to two percent (2%) of the amount in effect for
the previous Fiscal Year.
D.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year,2005-2006 and for each followingHscal Year, the Council
shall determine the Special Tax Requirement for Facilities and levy the Special Tax A until
the amount of Special Tax A levy equals the Special Tax Requirement for Facilities. The
Special Tax A shall be levied each Fiscal Year as follows:
First: The Special Tax A shall be levied on each Assessor's Parcel of Developed Property in
an amount equal to 100% of the applicable Assigned Special Tax A;
Second: If addition~l monies are needed to s~tisty the Special Tax Requirement for Facilities
after the fIrst step has been completed, the Special Tax A shall be levied Proportionately on
each Assessor's Parcel of Undeveloped Property at up to 100% ofthe Maximum Special Tax
A for Undeveloped Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement for Facilities
after the first two steps have been completed, then the levy of the Special Tax, A on each
Assessor's Parcel of Developed Property whose Maximum Special Tax A is determined
, . .,
through the application of the Backup SpeCial Tax Ashall be increased in equal percentages
from the Assigned Special TaX A up to the Maximum Special Tax A for each such
Assessor's Parcel;' AGENDA ITEM NO. ~ 2-
PAClE-B-OF 3 c:;
City of Lake Elsinore CFD No. 2005-5
(Villages at Wasson Canyon)
June 7, 2005
Page 9
Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities U
after the first three steps have been completed, then the Special Tax A shall be levied
Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property
and Taxable Public PropertY at up to 100% of the Maximum Special Tax A for Taxable
Property Owner Association Property or Taxable Public Property.
Notwithstanding the above, the Council may, in any Fiscal Year, levy Proportionately less
than 100% of , the Assigned Special Tax A in step one (above), when (i) the Council is no
longer required to levy the Special Tax A pursuant to steps two through four above in order
to meet the Special Tax Requirement for Facilities; (ii) all authorized CFD No. 2005-5
Bonds have already beell issued or th.e, Council has covenanted that it will not issue any
additional CFD No. 2005-5 Bonds (except refunding bonds) to be supported by the Special
Tax A; and (iii) all Authorized Facilities have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax A levied
against any Assessor's Parcel of Residential Property (or which an occupancy permit for
private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor's Parcel within
CFDNo.2005-5." "., .
2. Special Tax B
.'
U
Commencing with Fiscal Year 2005-2006 and for each following Fiscal Year, the Council
shall levy the Special Tax B until the total Special Tax B levy equals the Special Tax
Requirement for Services. The Special Tax B shall be levied Proportionately each Fiscal
Year on each Assessor's Parcel of Developed Property at up to 100% of tlie applicable
" " Maximum Special TaX Ihs needed to satisfy 'the Speciai Tax Requirement for SerVices.
", ,
E. EXEMPTIONS
1.
Special'Tax A. '
"
,
, No Special Tax A shall, be levied on up to 24.4 Acres of Property Owner Association
Property and/or Public Property in CFD No: 2005-5. Tax-exempt status will be assigned by
the CFD Administrator in the chronological' order in' which property becomes Property
Owner Associationproperty'orpublic Property. However, should an Assessor's Parcel no
longer be classified as Property Owner Association Property or Public Property, its tax-
exempt ~tatus will be revoked. , ' ,
Property Owner AssoCiation Property or Public Property thatis not exempt from Special Tax
A under this section shall be subject to the levy of the SpeCial Tax A and shall be taxed
Proportionately as partofthefourth step in Section D.l 'above, at up to 100% of the
Maximum ',special Tax A for Taxable Property Owner Association Property or,.Taxab~le ,
Public Property. ' AGENDA ITEM NO. 2-
PACE ao OF'
City of Lake Elsinore CFD No. 2005-5
(Villages at Wasson Canyon)
June 7,2005
Page 10
o
2; Special Tax B
No Special Tax B shall be levied on Undeveloped Property, Public Property and Property
. OWner Association Property in CFDNo. 2005-5: .
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes'; provided, however, that CFD No. 2005-5 may directly bill the
Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet its financial obligations, and may covenant to foreclose and may actually
foreclose on delinquent Assessor's Parcels as permitted by the Act.
G. APPEALS AND INTERPRETATIONS
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may submif a written appeal to CFD No. 2005-5. The CFD
Administrator shall review the appeal and ifthe CFD Administrator concurs, the amount of
the Special Tax levied shall be appropriately modified.
(\
The Council may interpret this Rate and Method of Apportiomnent for purposes of c1arifYillg
. .
any ambiguity and make determinations relative to the annual adminisp-ation of the Special
.. Tax and any landowner or resident appeals. Any decision ofthe Council shall be final and
binding as to all persons.
H.
PREPAYMENT OF SPECIAL TAX A
. , .. ". 'j
The following additional definitions apply to this-Section H:
-
"Buildout" means, for CFD No. 2005-5, that an expected building permits have been
issued;. . .
"CFD Public Facilities" means either $5,665,750 in 2005dollars, which shall increase by
the Construction Inflation Index on July I, 2006, and on each July I thereafter, or such lower
number as (i) shall be determi!led by the CFD Administrator as sufficient to provide the
public facilities to be provided by CFD No. 2Q05-5 under the authorized bonding program
for CFD No. 2005-5, or (ii) shall be determined by the Council concurrently with a covenant
that it will not issue any more CFD No. 2005-5 Bonds (except refunding bonds) to be
supported by the Special Tax A levy under this Rate and Method of Apportiomnent as
described in Section D. I.
o
"Construction Inflation Index" means the annual percentage change in the Engineering
News Record Building Cost Index for the City of Los Angeles, measured as ofthe calendar
year which ends in the previous Fiscal Year. . In the event this index ceases to be published,
the Construction Inflation Index shall be another index as. determined by the CFD
City of Lake Elsinore CFD No. 1005-5
(Villages at Wasson Canyon)
AGENDA ITRI Nn
IWiE a \
.~2
Of .~ c;
June 7, 1005
Page 11 .
Administrator that is reasonably comparable to the Engineering News Record Building Cost
Index for the City of Los Angeles.
u
, , ,
"Future Facilities Costs" means the.CFD ~ublic Facilities minus (i) public facility costs
previously paid from the Improvement Fund, (ii) moneys currently on deposit in the
Improvement Fund, and (iii) moneys currently on deposit in an escrow fund that are expected.
to be available to finance the cost of CFD Public Facilities.
"Improvement,Fund" means'an account specifically identified in the Indenture to hold
funds which are currently available for. expenditure to acquire or construct CFD Public
Facilities eligible under the Act:
"Previously Issued Bonds" means, for any Fiscal Year, all Outstanding Bonds that are
deemed to be outstanding under the Indenture after the first interest and/or principal payment
date following the current Fiscal Year.
1. Prepayment in Full
"
Only an Assessor's Parcel ofDeveioped Property; or Undeveloped Property for which
a building permit has beim issued, may be prepaid. The obligation ofthe Assessor's
Parcel to pay the Special Tax A may be permanently satisfied as described herein,
provided that a prepayment may be made with respect to a particular Assessor's U
Parcel only if there are no delinquent SpecialTaxes with respect to such Assessor's
Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to
prepay the Special Tax A obligation shall provide the CFD Administrator with
written notice of intent to prepay. Within '30 days of receIpt of such written notice,
the CFD Administrator shall notify such owner of the prepayment amount for such
Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing
this service. Prepayment must be made not less than 45 days prior to the next
occurring date that notice of redemption' of CFD No. 2005-5 Bonds from the
proceeds of such prepayment may be given by the Trustee pursuant to the Indenture.
The Special Tax B may not be prepaid for Assessor's Parcels inCFD No. 2005-5.
The Special Tax A Prepayment Amount (defiiled below) shall be calculated as
summarized below (capitalized terms as defined :below):
Bond Redemption Amount
phis Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less ' 'Reserve Fund Credit
less Capitalized Interest Credit
Total:"'equals "Special TaxA Prepayment Amount
, AGENDA ITEM NO.:2,7- U
PACEa~ OF 3 C;
City of Lake Elsinore CFD No. 2005-5
(Villages al Wasson Canyon)
June 7, 2005
,Page 12
n
I
I
I
I
I
I
I
(\
(\
"
As ofthe proposed date of prepayIllent, the Spe~ial T~ A prePayIllent Amount shall
be calculated as" follows: "
., c-;
P~ral!raph'No.:
, ,-
I ~ '
I. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
. " - ,"I' . - - . J
2. For Assessor's Parcels of Developed Property, comp"ute the Assigned Special Tax A
and Backup Special Tax A. F~r Assessor's Parcels of Undeveloped Property for
.. which a building permit has been issued, compute the Assigned Special Tax A and
" Backup Special TaJf A for that Assessor; s Parcel as thoughit was already designated
as Developed Property, based"upon the building permit which has already been issued
. , ~ - ... - .
" for that Assessor's Parcel. .'
3..
(a) Divide the Assigned Special Tax A computed pursuant to paragraph 2 by the total
estimated Assigned Special Tax A for the entireCFD No. 2005-5 based on the
. . Developed Property Sp~cial T~A which couid be levied in the cUrrent Fiscal Year
on all expected development through Buildoul of CFD No. 2005-5, excluding any
Assessor's Parcels which'havebee~ pr~aid, 'and .
.,
. .. '.' "., .
(b) Divide the Backup Special Tax A computed pursuant to paragraph 2 by the total
. estimated Backup Special TaX A at Buildout for the. entire CFD No. 2005-5,
bxcluding any Assessor's Parcels which have. been pr~aid.
4.
Multiply the larger quotient computed pursuant to paragraph 3(a).or 3(b) by the
Previously Issued Bonds to compute the amount ofPrevibusly Issued Bonds to be
retiredalldpr~aid(the"Bo~dRedemp,tionAmount").' . .....
". Multiply the Bond Redemption AmoUnt computed pursuant to paragraph 4 by the
'. applicable redemption premium (e.g., the redemption price- I 00%); if any, on the
Previously Issued Bonds tobe redeemed (the "Redemption'Premium").
5:
6.
Compute the current Future Facilities Costs.
7. .
, ' . ,
Multiply the larger quotient computed pursuanl"to paragraph 3(a) or :l(b) by the
amount determined pursuant to paragraph 6' to compute the amount of Future
Facilities Costs to be prepaid (the. "Future Facilities Amount").
. .
8.
Compute the amount needed to pay int~rest on the Bond R~dempti~n Amount from
the first bond interest and/or principal paYment date following thecurreni Fiscal Year
until the earliest redemption date for the Previously Issued Bonds. ." .
9.
Determine the Special Tax A levied on the Ass.essor's Parcel in the current Fiscal
Year which has not yetbeen"paid. . I, . ". .
City of Lake Elsinore CFD No. 2005-5
(Villages"at Wasson Canyim) .
June 7, 2005
Page 13
AGENDA ITEM NO. :~2.
PAGE~~ Of c..~
u
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Speciiil Tax A Prepayment Amount less the Future
Facilities Amount and the Administrative Fees and Expenses (defined below) from
the date of prepayment until the redemption date for the Previously Issued Bonds to
be redeemed with the prepayment. "
11. Add the amounts comput~d pursu~t to paragraphs 8 and 9 and subtract the amount
comp\lted pursuant to, paragraph 10 (the "DefeasanceAmount").
12. The administrative fees and expenses of CFO No. 2005-5 are as calculated by the
CFD Administrator and include the costs of computation of the prepayment, the costs
to il1vest the prepayment proceed~, the costs of redeeming CFD No. 2005-5 Bonds,
and the costs of recording any notices to evidence the prepayment and the redemption
(the "Administrative Fees and Expenses").
13.
The reserve fund credit (the "Rese:Ve F~nd Credit") shall equal the l~sser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Previously, Issued Bonds as a result of the
prepayment, or (b) the amount derived by subtracting the new reserve requirement (as
defined in the Indenture) in effect after the redemption of Previously Issued Bonds as
a result of the prepayment from the balance in the reserve fund on the prepayment
daie, but in no ,event shall such amount be less than zero. No Reserve Fund Credit
" shall be granted if the amount then on dePosit inthe reserve fund for the Previously
Issued Bonds is below 100% ofthe reserve requirement (as defined in the Indenture).
u
I': ,
14. I( any capitalized interest for the 'Previously Issued Bonds will nf)t have been
expended as of the date immediately following the first interest.and/or principal
payment following the current Fiscal Year, a' capitalized 'interest credit shall be
calculated by multiplying the larger quotient computed pursuant to p~agraph 3( a) or
3(b) by the, expected balance in the capitalized interest fund or account under the
Inde~ture after such first interest and/or principal payment (the :' Capitalized Interest
, Credit").
15. The Special Tax A prepayment is equal to the sum of the amounts computed pursuant
to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to
paragraphs 13 and 14 (the "Special Tax A Prepa;:ment Amount").
From the Special Tax A Prepayment Am'ount, the amoUnts computed pursuant to paragraphs
4,5,11, 13 and 14 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire CFD No. 2005-5 Bonds or '!lake debt service payments. The
amount computed pur~uant,!9 paragraph 7 shall be deposited int9 th,e Improvement Fund,
The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2005-5.
The'Special Tax A P;epayme~t Amo~nt may be insufficient to redeem a full $5,000
u
City olLake Elsinore CFD No. 2005-5
(Villages at Wasson Canyon)
AGENDA ITEM NO. .3'2.
PACE~Of~S
June 7, 2005
Page 14
("\
increment ofCFD No. 2005-5 Bonds. In such cases, the increment above $5,000 or integral
multiple thereofwill be retained in the appropriate fund established under the Indenture to be
used with the next prepayment ofCFD No. 2005~5 Bon!is or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax A levy as determined
under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's
Special Tax A levy for such Assessor's Parcel from the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of the Special Tax A and the release of
the Special Tax A lien on such Assessor's Parcel, and the obligation of such Assessor's
Parcel to pay the Special Tax A shall cease. .
Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless, at the
time of such proposed prepayment, ,the amount of Maximum Special Tax A that may be
levied on Taxable Property within CFD No. 2005-5 (after excluding 24.4 Acres of Property
Owner Association Property and/or Public Property in CFD No. 2005-5 as set forth in
Section E.1) both prior to and after the proposed prepayment is at least equal to the sum of (i)
the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times maximum
annual debt service, in each remaining Fiscal Year on the Outstanding Bonds.
('1
2.
Prepayment in Part
The Special Tax A on an Assessor's Parcel of Developed Property or an Assessor's Parcel of
Undeveloped Property for which a building permit has been issued may be partially prepaid.
The amount of the prepayment shall be calculated as in Section H.1; except that a partial
prepayment shall be calculated according to the following formula:
PP = [(PE-A) x F) + A
These terms have the following meaning:
("\
PP = the partial prepayment. .
PE = the Special Tax A Prepayment Amount calculated. according to Section H.I.
F = the percentage, expressed as a decimal, by which the owner of the Assessor's Parcel
is partially prepaying the Special TiIx A. .
A= the Administrative Fees and Expenses calculated according; to Section H.l.
The owner of any Assessor's Parcel who desires such prepayment shalf notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax A and the
percentage by which the Special Tax A shall be prepaid. The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment of the
Special TaXA for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing this service. With respect to any Assessor's Parcel that is
partially prepaid, the Council shall (i) distribute the funds remitted to it according to Section
. H.l, and (ii) indicate in the records of CFD No: 2005-5 that there has been a partial
City of Lake Elsinore CFD No. 2005-5
'(Villages at Wasson Canyon)
June 7, 2005
Page 15
PACE
:\
PROPOSED BOUNDARY OF
COMMUNITY FACILITIES DISTRICT No. 2005-5
OF THE CITY OF LAKE ELSINORE
(VILLAGES'; AT WASSON CANYON)
COUNTY OF RIVERSIDE,
STATE OF CAUFORNIA
u
, ,.
341-330-01.
347-330-045
i:~:~=';
l:J:~i
34'-
347S
it~-JeO-OO5
.....
u
:,.
. "
SCALE: 1'"-300'
FIlED IN 1HEoma: OFXOTYClERf( OFlHEaTYOFLAkt El..SINOR( THIS~YOF ~
. aN a.DlK OF lHE ON Of" lAKE Q.SIHOR[
".
, ,i'
t HE1lE8Y CER'III'Y 1HAT lH[ ~ YAP $HOlilNG lH[ PROPOSED lICltJH()AAf(S OF 1H[ aTY OF LAKe ~ CCIWtoMfITY
F'AClUntS DtSlRICT NO. 2~~ ("'LlAGES AT ~ c:.AAI'/'OH). arv OF LAKE USHORC. COUNTY OF Rrm;SI)E". STATE
(lFCAI.Jf'(fMA lMSAPf'RO\olD BY lHE ctTYQ)tJNOL of 'THE' OTYOF LAIC[ ~ AT A RCOOlARLY SCH[tUt.ED
r.IttlNG1HERlOf'.HnDON,lHE'_DAYOF 2005. BYIYSRlSOl.lJlJONNo.
CITY Q.fM(' OF 1ME DTY Of LA!([ ElSW(R[
Fll.ElIlH/S _DAY OF ______ 2005. AT lHE HOUR OF 0'a.00L...M.1H ElOCIl...- OfWAPS
"-ASSESSMfHT AND 'CClWUl,Ml'Y F'AClUllES DISlRICTS PME HOS--ntROUGtL..- AS NSTRIMENT NO
IIf lHE oma: OF tHE tollNTY RtCCRlDt IN lH[ CCUHTY OF 1II'oUSlD!. STAle' OF CAUFOANtA.
COUHIT l'IC'-UJWUr Of' THE OOUMTY OF Rl'KRSICE
fIT '--
RUERo<<:c lH[ N\'ERSr)[' CCUHTr ASStssoR's IMPS FOR A L'CTAUD 0ESCRlPna. CI' PARCEl. UNCS AND OIf<<H,$IOHS
AGENDAI1EMNO. ,-5'2- .
PADE ~ (.. OF ~ c:;
u
PROPOSED BOUNDARY MAP
'YICINITYWAP
NO "'"'"
llWIIl
......-
COIIUII'Q.II..1t,y PacWu.. D1atriet No_ 2005-6
of the Cil1 01 Lake !Ialoore
(vtUaaa ,_t-WanoD 'CUl7OD)
COVNTY OF JIVIISIDI. CAUPOJllU,t.
ma..t . OJ' I
_HARRIS 6: ASSOCIATES .
)4bNl11Mo.....~ISG
_rnw.CIIm"
(Nt)1S5-_.F~(IO)m-3115
Q;~\(I'DIOClt-:!..._c.-"""--'",~~""
-'"
('
~.
'"
('1
i
'" .
",Of::
.,z::;
i!itio
~~L
., f!l i:: U
'" '" <:> =
zf2......
~>=!n
"'....'" !.
z=!ij'"
i~d
"',.zo
~.... 0 .
"'~~]
~~~~
:;I U ill ..
d!:ld
r:E:I O? v
1}jz~~
"'~f2t
~ ~ ~ tj..
~~~
..r:;
~
o
n
~
l:i
~
8
..
..
..
o
z
.. ~
~ ~ fi:'
.. CI) i
9'1
iil ... "
g:e~
U) ~ ~
~~
"
i;';Iil:e8~~Iil~~8
f8~12~t[iflt~ ~~.
BUt .,..,. tit ~&t
.-'0 -
8
R
f-ffi Q:t1
~~ ~ ~E
t>:z~M' !a ~lD
~~~~w~~;;;~
O::_og~~Sl~:!!;
lzo:: , ,om ci~1:d
0>8l!:!ool-WZoll.
~m5~~~~~~~~
~~g~~5~~~~i:i
~w>t>~~~~ ~o
~~o<J..J~~<~~~z
li:n::~~wwt;t')::lw~
wl!:!5l-~\:;!tl::w~~u
a."q~533~~w3@
~:S:OOI1.u.~N~LL!S
a..~:eDOO>S<20ll.
m:U~~~i;@~~;:~
ii!I:eZu..uu::fi:ILWOo..
~~.~~~~
1<0 IO~."
~
"
a;
~ ~
z a
B ~
lb ~
" ;:-
- 00
I~n~~
ts r.o::JO
~~~~~
~o~ffi~
~g~~5
z
000
,,~
w~:'i
~~~
t>6:~
I~~~
~o~
~~E5
~ii=
,,~~
t;zli)
~a~
-lb"
~(::d.i!
~~Pl~!;I!j;f~
i
"
@
~
~
,~
<0
~
5
m
o
W
~
~
"
~
00
W
u:--u:-u:-u:--
(.1)(1)0(1)
...:..81~~~-
lt~~~~~
~""8
riti~H~~ri
4..ctdtiti.Y..
~~~~~~
ffiffiffiffiffiffi
Q.ll.ll.ll.ll.ll.
~~fiUf~~
~ll.o..ll.o..ll..ll.
~"";i;i;i;i<t<t
t-1-!-l-1-1-
zzzzzz
~~~~~~~
~ijj(i)ii)ili(i)U5
o..~~~~l;g~
~
1=....(">1"..,..,-1010
ffi(l.lU)lI)CI)lI)CI)
~S~~SSS
wodduuu
<<
~~~. f;_~_~_~_~
NlDN -. &t~~~N
.' II'>II'>W
r
~
z
~
~
z
i 3w
8~5w
O~~
06-'11::0
s;I<Cw< w
N~o.B::w<:1
)-Z><WB::~
i&.~;:!:o.~B::
~:'ht g 11:: ~
~~~~g
9;ifu~~
~~~o~
o~&lf~
W(j)-,II)<
~~~o.~
o.~~~g~
o
W
O'
~
~
u
-~
""~
~-
ffi~
~O
0-
~0
~W
~~
~2
Q~"
~oo
,~s
~u
z
~~~~~
www........
iLiLii'
000000
iL~~~LL
II) - --CI)
~"?'?"?8
Mij~~;;
"MMMV
i'>'n~i'
B::lra:: a:: 11::
wwwww
~~~~~
0.0.0.0.0.
~;i~~~
~~~~~
~ ~ :~n~n~
(ij(j)(j)(j)(ij
wwwww
It:B::a::B::a::
_N"'~IO
~~18~~
ooouo
~~-
Wi?
~~
~8
~~
~~
~w
moo
w~
Om
mw
000
@tv
~z
o
"
..0
m~~
~
~
w
~
~
'~i'l
~~
85
_^CI)<C
~;i'
.~
!!2: g~
~ m-
:&,W::lff}-
:Ega.a::-
:E~t::w
:~~~
~iil..~
lI:@mt!j
~(!)~Z
~
~
~
~ ~UUU
g ~NNNNNN
~I
S~~ ~~UU
:;i8~ ~~~'<t~~
020' T"_T"_T"T"
w ~
f);~
fil>
~~
~!S
'"
z
<:>
g
~
o
U
':1
....
..
<:>
i
'"
-l~HU~
:J~~~::\::\~
dddddd
iM~~~m"
lZq;ti.~jl;i
lililililili
O~ i
Wz S!l2~~""'!i
}If::> ION<o~~<3
00 ;;;--'..",..fi
g:!! 1I'>t.1~~~....
O'i
ii !~~~g~
!;;~ t.1at.1t.1t.1t.1
wo, .
,m
~~~:~~~~
~1"1I-~-
~i1~~a~
~~~~
CI)CI)CI)CI)
iL~;;;i~iL
lI)"';riririCl)
~....o
ri~~BJ~~
" f"'iriMMV
~~~~~~
~"'~~lf~~
o 0000
a:: a::a::a::lr
0.0.0.0.0.0.
<t~<t;i<t<t
lffiffiffiffiffiffi
oaoooo
(j)1j'jii)(j)ooij)
wji!wwww
. ~~~~~~
ga!i~ t:;
<1- :;f~ *
~ uiS u
;; ~
'"
z
<:>
~
~
U
~
~
lOa
w~ :a
S'" S
~5i1O ;;l.o
u~w
~a::~ w
Cl)w~ fti
~~~0 0
ffiti::uw w
o.a..w~ ~
~;;l.5i.... ul
a..~fiE~ ?:
~~l\M ~
~ii.i-'a.. ~
wWWCl) l&.
~~~~ ~
~g~g z
ll~
U
tg
NS~
~~"
~iuf
:<;e
;;-c-
iEt:1
01=
m:]
Wll
g~
liiffi
~u
~~
fil~
00
zz
gg
~~
ee
~
~
"
U~
olli5~
~[ijw
~~0
w~lii
mow
~wa
m~~
W:lW
o~z
~~~
o!!o
~~~
8
"
~
..
u
i
J
I
~
f
9
~
~
.S" i
~ ~.!2
& ~.g
.. S, I!!
i ill
~ ~. .
f f?~ a
Q O::i '"
~ ~I:: :
.. ~ 8 s
h~ll.~
."UjUi.i
~~~~~"::~
~~HH~
~ ~~~~~li
~ nH ~g~
~ ~"~~g~~
~ IHHE~
~ ~ (u~&d:8~
- w "=~!;;;O;:!l: @:NO.'2'2-
AGENDA ITEM . :.2
PAGE:ii1-OF ~ C;
N
~
'"
IE
..,
~
~
-g
~
"
'"
~
Cl
~
ii:
"
o
'"
'"
..
..
o
D-
O
r
'"
w
r
I::-
z
~
z
<5
z
o
~
~
~
'"
W
~
~
~
:>
....
~~
o
N
lilOllillilllil
i
NN
~~
o
N
OllilOlOliOl
i
I
I
I
i
::::
'0
~N
o
N
OlOllillililil
I
00
~C;
8N
N
0l0l0l0l1~
i
I
~~
~~
N
2~~~1 :7;
I
I
~w
...8
~N
000010
(l)OO{fl(fl Ih
I
I
I
i
I
~s
oli:
li:
0l0l0l0l Ol
~8
gli:
o
N
~g~g~ @
~~*~~ ~
~.16!!!.___~ ..0
~~ ~
fi
o
r
o
..z
~~
~~
h
::l"
8"
. ill
0:>
ill 0:
>;5
~z
~~
o:ll
~
z
oo~ - ~
(l)i5~~ :::i
W-W(/) (5
~~rrl~ Lt
lD~~~ @
~:::Ia~ ()
z~wo ~
-U:"lij z
~~~~ u:
zt-w!::: ~
@""".. @
-.J8~<3 -.J
lL~ffii2~ <(
OOwww 0
....:t--'-'-' t-
o 0
d 0
o
d
o
o
o
d
o
"
o
d
N
::
'"
oj
N
~w
~ ~~
l'i IE:';
" ,/,'
~~ ffi~
Rig goo
o..W wUJ
.~~ n
CZ 02
w::l Zo
Il<" orn
~~ W&
w- 2i...J
m[ij~ id?t
~a:: [iio
=::1 0
IONONNOI_
'<tMN'<tMN ~
I
i
o
o
IONONNO\ .....
.'<t(<)N'VC")N1 ~
!
o
d
!Qf:{~~PU~1 OJ
I-
I
!
i
o
d
~l'1Fl"l'1gl ~..
. i
i
o
"
IONON'""OI.....
'<tr0N'<tMN! ~
i
i
i
o
d
!tfPf:;;f!;;!Pf~i a;.
1'"":.-
i
I
o
d
~~~~'gj:!1 ~
i
i
i
o
"
~:::"~:::r- $
Iijlijlijlij
<L~~}I.~r.-
W(")(V)(")(")l1.i
R. . , .8
"'.i!25<:<)8r:
MVMN.....(')
~ctcs::tc~ ~
~>->- >->->->- z
WII:~lrlrlrlrlr :::I
~wwwwwUJ ...J
Q.Q.Q.ll..o...o.. ~
..~~fi?~fi?fi? I-
o..Q.Q.Q.Q.Q. m
-'~...J-'-'....J....J....J 0
:s;sss;s;g: 00
1-1-1-1-1-1- L.U
wZzzzzz 0::
~~~~~~~ @
wffH2fBffiffif:3 &m
II: a::: a:: a:: a:: a:: a:::
o
~ ~
0"-('.1(,,)"'-10<0 0
-'w"'~(/)C/)U)f/) ....J
~CI) (1)(1)(1)(1) <(
:'i :'i:'i:'i:'i 0
o 0000 I-
~ ~ 12~:R:R~!Q~"
or-,........<<>w ;;:
~~~~~~ ~
lil Ol
<0..........1'-;:)1;(0/..
~8~~NiX> :!
~U~:;itl ~
I
,.
lil Ol
OSQ'<:tI'-COSQIO
~~:!8~~1 ~
,ga;~gfri~ll"
......(RU}WOO(h
~
lillil
O~~"'_"" N
..........lD~("'),.... ~
0).".......0 _N_a_lor:
~~U!;;iiii
I
o 0
~ ~
m.....mml'-Ni III
~~~~~~ ,....
o<o!Ii:iON; I"
::~~m&;;4l
~ I
I
~ ~
,.:
o
;;
......N~COIOCOI w
~n3i3VNo; ~
~U5!iH11 i
E ~
on
~
~.
C21~f2'~:e~: ~
N_(,,)_(o_I'--_~......_1 ~
aBl~~~~1 !
o 0
~ ~
Oliillillillill>' a
'"
w
:a ~
~ ~
~ If
If ..
'" ~
~ ~
~ ..
0: -'
.. i!
o z
w w
.. o.
g -
~ !
z 0
::> z
Iijlijlijlij
liji!l.~_~~lijl
(")(")M(") I
R""8
"'~5<~8-
I3ri~<'l.~.-_ril
~ ;:-;-~;-;-;-I
~t-f-1-1-1-1-1
-I a::: a::: a::: 0:: a::: oci
o:r;lliWWWWW
c...a..c... a.. a.. 0..
bl ii1 ii1 i;U? iilf? '
9; a.. 0.. 0.. o..ll.. 0..1
....1....1....1....1....1--11
~ ~:!! ~ ~ ~,:g;:
itl-l-t-1-1-1-1ra
~~~~~~~I S
..ffiffiffiffiffiffii ;;i
~o::o::o:::a:::O::O::I _
10
. 'w
......N("')'<:tlOlD! 9J
c~U)(f)(/J(I)(f)o -I
iii CI)~(J)(I}~!;:!
i:! dddd"i ~
liliil toto~lill!:! liliil
i~~ I ~
S:~ ~;1;~~I'!i
............N i!
~aiai 0
<1;:;I~ !i
liliil
ONfgO: 0
~li3N~: Ih
*~~ r g
<1;~'" 1;1;
0l0l
iil8~lil' ~ iillil
!I;i~ ~
l>lil
l;!~~0l
01<0<0
~~;H9
~ ~
lilOl
~ONO
-"'~
ON
N!l5!l5
~~~
iillil
iiliil~OlI!!
N-lric6 .:
ii:;l~ !
@@
u
~
SH~~g: a
N N
cD (J$
~. ~
~
ffi
"'
>'
"
z
w
::>
a
z
g
"
~
.1=
o
~U:
G~
~~
iE'([
" "
~Ul
"w
::>~
"'~
;i:'i
""
z"
:;;a
AGENDA ITEM NO.
PAOE d- ~
lill>
0l0l
I
~ ~~ I
I .
I
! liliil ~
! ~
I
t!
lillil ~
~
"
~
,
~
,
00
~~
u
u
u
'52 .
OF~C;
...
~
'"
i:.
."
~
~
-g
i!
:;)
.
.,
~
o
~
Ii:'
:;)
o
0:
C>
U.
u.
f2
o
J:
(I)
W
J:
t:.
z
~
z
5
z
o
:g
~
:c
(I)
w
C>
:5
-'
'>
B
o
...
o
J:
o
..z
Wlil
~I!
Of!
liilj
~~
8"
.:li
"'>
:li'"
>ll
"'ilj
~...
iLl!
-N
:l:l<l
S
N
~~~~i ~
!
;
i
l1)l<l
~l<l
o
N
~~~~i~.
!
i
....
;i;;
_N
o
N
1il1il1il1il[1il
1
....
~~
o
N
1illillillil'Iil
~~
;j;-
ol<l
N
~~~~Ilj
1
,
!
....
:.;;-
_l<l
l<l
Iilliliiliilliil
....
:j:;;;
_N
l<l
Iillillillililil
I
i
!
....
~~
o
N
~~~~l ~
!
I
!
!
i
3 I
~ i W
~o~~ ~
ill-Will 5
@~~~ It
I-~~~ 0
lD::l::lZ W
~12filo "
;;;u:o:~ ~
DOLLl:] [[
~(/)fi::;:!: 0
z~~- z
~8~~ ~
~!2~m <(
Owww 0
1-....1--'-' I-
w
~
C> ~
!II
B
.~~
"z
0"
~~
0_
"'z
~~
OW
zo:
-=>
o
d
o
d
o
d
o
d
o
d
o
d
o
d
o
d
o
d
~q:~~~~~ 0;
o
d
~~;q>Jg~~g 0;
o
o
~ pn;;p;;nn~ ~
o
d
~~R~~g ~
o
d
Ol}NONNO
'<TMN'<TMN 0)
o
d
~~g~'~g ~
o
d
~~g!q!~g ~
o
d
~~g~pjg ~
~w
",'"
d
~~
.....
;;/'"
,,>-
i5~
Q(i)
..w
~~
zO
!i!~
ow
~~
0'"
...w
wa;
ii;o
o
Ihlhlhih
Q)'<T0l'<t
~~ ~.~.~.fb
(<l(,,)(,,)M
1il0"~8~
M'<T(l1N.....(")
6C ctctr:L~ ~
~~i:~~~~ z
"'wo::a::o::a::cr:a::: ::l
..wwwwww ...J
oQ..Q.Q.Q.Q.o... <(
",lElil&U?1iU? ;::
D..Q.Q.a...a..ll..o.. z
"'~...J...J...J...J..J..J ~
~~~s;s;s; Uj
1-1-1-1-1-1- ill
l'l~~~~~~ ~
mffiffi~HH3f3 ~
D::o::o::o::a::o::cr: 9
o w
~ ii;
O..-NM'<l"Ol}(O 0
~~~~~~~ ~
Q(J(Jodaa "e
Ol Ol
"';!S;<ill:j:;;\1 N
M<OON....ro (J)
':oioidS;;ri, :of
~lJn~~mlSl! ifS
'00 00 I'"
Ol iil
ro""'<XlNO>$!! It)
:t1 ~iPg ~€Po co \ &:t
......1.
i!lS;in ~."",13
.......(floo.....p;:~l It)
00 to') I'"
Iil iil
Nt-gS2.....m! N
~gr-~b3r::J :q
-.. - . .. N
~ilHll~lHili\
iillil
a;a;"';;~::l; ..
"",:H~O~I '"
~IHlSiU il
~ ~ w
f
o 0
~ ~
c<l~[")Il)~OOI_
. g8lI'118<'S:2 :g
... ..1.
iila;"'~"'''' iil
wEA~(;;~~1 :l
i
,
iil iil
5!'<tNC">NC">: I")
-~~~~&5Z! ~
,..:- - -8....-aSlo
;;;~iil;;;:J:a! ~
iiliil
_:2~f2~~~1 ;:
0(")('1..,.0...... co
l(fsfN <D 0"""- gf'
;;;"'Ill;;;lJl1li!1l
i
iil iil
~ ~::nsn2 8 ~ ~
tOLO.....N'<t...... CD
f:i:li.,;1i~~ Pi
;;(1)(1);;(1) :t
..
w
13 ~
~ ;/
... 0
~ ~
Ie ..
.. ~
~ w
15 1;
.. '"
0"
f< --'
~ ~
w z
1; l!!
ul i3
ii; 'I'
o z
z 0
=> z
ihihih!l5
~~- ~~~~
(")MM(,,)
1il....8
Cf)('f~_~_~~ri
I116.CCCC~
a~~~~~~
....0::0:::0::0::0::0::
<wwwwww
nC:o.o..n..n.a..
~lillillElElElE
Cf)a..a..a.o..o..a.
~...J...J...J...J-'-!
~::!:;:g;:s;::,!:s;
...............1-1-1- Cf)
~zzzzzz III
o~~~~~~ ~
frnrnff3ff3ff3ffi ....
;;!a::a::O::O::O::D::: 01(
" &l
~""'NM'<tI{}<D 9i
;~~~~~~ ~
,
"''''NO! ~ oj
Mc;COtfl'l (flW
."'.."! ,. ~
~&i~ I ~ .
I
iiliil ~
i
I
Iillil!
~
~
.
~
,
iiliil ~t~~iill ~
~&liji ;z
~ ~ III
I
Oliil
g......nol..
WlOoo N
COO)N ll"I
ili"'~ :~.
IOWW '
~ ~ !
i
Iiliil
....ON~I N
N~~ : ~
c&frieD IN
fil&le ! i\
i
Iillil !!t~~1il1 ~
lO.....(O ...
ill&le Ill!
iiliil
iiliil
OLONOI I")
~t;j~(I) :;2
:\iQ~ ~
('%~~ :l
Iil iil ill ~ filill ;:
"'-.CON co
!~~ Ii
iiliil
l'2o:;!jli l, l::
(o1"H'" co
:e ?1 ~ 'I' Pi
~(I)!t!. :t
~ I
z '
~ !
is a 1
R Z i
oo~ I.
"'
0:: ~ : w
w ~ . 0
oo to :-
~i58n~!~
w;:::~llii Iii
O-w ~~~~l ~
"~ffi lB~ir>.ll;;/
(f)z O-wN:::t
of:3 ...J~>:JI z
l!IO:: :32o::~' ~
>iiiiii H~~It;
zz <((,)0::(,) Z
ACiENDA ITEM NO.
PACE 30
iiliil
Oliil
Iiliil
Iillil
Oliil
p
U
_iL
5~
-:Ii
~3
~:f
"=>
;too
O:W
,,<:
oo>-
--'5
"'"
~'"
:;:0
u
.U
u
::S2.
OF3S
'"
m
co ~N 0 0 NQ)~H~(O$* 0 0 ,~~~~8!2r E: "''''
m ~ ~ .......... N r.... ~ ~ ~O ~
n"- lllll ..-0.....0 _ . co. -oj - - - - - -I - NN "
N ~&411tt::f;t&tQ) mE~~~Iii a Q~ ~
U).tI} (1)(1) ... h
, ~
,
~
~
'~"g"N&li ~ h
!\Ill 0 0 COCDC")~lBN* '10 10 .
"'''' ~
~ ~ ,t-IOCJ) (2;<0 ~,... ........... . ~m
l"1l ooco r- . .<'1.0.0. -I _ NN~
0 &i&i!;i!;i!;i!;iill lll!':ilHHHlli';! OM.~
N (1)00 woo I_ ~~~
~-II
~ ~
~~ 10 10 ~illllliilPlllll 10 OJ ~~~~~oi ~ - '" '" h ~
~ia ~ !3 8~,!;l (,,)N<q~
o tOr-.....ICl. NC")~
~UriU~~~ - - - - - -I N
Il f6:g~g~~j .... oM ~
~-~"
woo ;;)W{I) ~ ~~ .
, II
!
~~ OJ 'OJ ~~_~m_~_~~ OJ OJ lBZil~~re(:!;! ~ ~"'~~
~-
'0 N. 0.1'-. co.......t'l. I "'t Nill G
:ON &t~~~~&ttO li'!~~E;UII dM~fj
0
N (;$(1) W ' ;::;::g~
I
H
.- ~~
~~ 0 0 f~ne~o~~* 0 0 0l~""'N""'81 C'? ~~~~
:i~! ~ ~ ~ ~ ..... ............ It)
CO_((IJ-.(2;. _ _: <')O\o(")NN lD dri:S~
~ - blblbliHlbl'" \it1D':<i;1;:!i1 it
.........oo......ww It) ;::;::~~
ooV) (I) ...
~ .
~ ~
, .
~ ~
.~UU81:: ~ ~
'0 m.. 10 10 r-r--,...tON~* 10 10 "''''G~
m ~~ i2101B:Bill ': C").....~(,5
~ fiUbfUUU:8 -"..: -N-Nlll ,.: C'!~Ci~
('] Il . ~O~NmlO .... "P~
~~ ~ ~I ill ...........~~
~~ ~
;;;) , II
,
'"
I! "''''~~
0
~ID OJ Ol 21il~iil2!!l" 10 10 8lill"'~i1i:O ~
~b r-r--lO ~ 10 .....'<1' 0 ("')r-...~
_N ~fifiUfifim ~U~U ,,; d~ti~
Il III ;::;::U
~ ~ ~
.... 10 10 Eli21il~~~g; 10 6 Nm~M2ill ~ "''''
~ia ~ Rl881::: ::l<Z
0 !;i!;i!;i!;i!;i!;iill fB3l-li~~q~f;:f :ll 5?~
N .....00(1)..... W ill
~ ~
g
ii:
::>
0
'"
Cl
"- iJjiJjijjijj iJjiJjiJjiJj
"-
&> ill ~~!!~~~ ~~~-~-~f}j
0
:x: 9 MC")<"')-'{")
<J) f,j....g~ f,j....g
UJ 0 ~iil~g~", ~iil~8~
:I: .t-- ~ -0 _r- RJ -
:x: ~ Mo:r _M Mo:r .-M
t:- ,,0 -~ ~ricfliri'::::"~ ~ritiriti.::::..
wZ >->->->->->-CI) ~~~~~j::
Z E~ t:::b:b:b:b:b:b:@
~ a: 0::0::0::0::0::0::
w zwwwwww<: wwwwww "
z om "- :JQ...Q...Q.Q.Q.Q...(!) Q...Q...Q...Q...Q.Q. W
~m ~ a:&l&l&lh?h?h?- <( ~ &l&l&l&lh?&l ><
1l "- 15
~Q...o...o...o...Q...o...~ ~ 0...0.0...0..0..0..
Z ~~ ~...J...J...J...J...J...J"( ~~~~~.~~ -'
"- <:(<:(<:(<(<:(~t.l.. "- '"
0 ~ D::i=i=i=i=i=I-O ~ U
<J) D::I-I-I-I-I-I-
f Z 22 Z Z Z ~ "- wZZZ2ZZ W
<J) "- ~ "- 2;~!~H~~~~ "-
~ 8" ~ o~~~~~~lU ~ "
fffiffiBH3SHsu:: "- ftafiH3f3f3ffi ~
0< .ili 0 0
a:>- w Z ...I 0::0::0:: 0:: 0:: 0:: (!) W ..,JO::O::O::O::.lYlY ..
9 l!l jjl .' >' 9 w '" ~
ilia: 0
J) >-<l ~ ffi.....N~o:rIOIO.~ m ffi.....N;;o:r:101O
UJ w w
~ -'~ <(~ ~ZlZlZl~Zl~~ i:i n~~~~~ ~
~ii Z 0 ::!
-' Z 0 ll!dddd Z 0 ~
:; >:J Z >:J Z
AGENDA ITEM NO. ,-32
PAGE .3 I OF .J, 5
,\
'"
.. ~~d!~~fg~
'" ~!il 0000: ~ 0 0 tONONNO m ol 0 ~~@~~m l 18 00
.. (IlEl)(I)l1:)! cj cj '<J"C"lN'<t(")N ~ ~~
a. ~I<I (")"tVtO'<t'<t "'~N '"
[B-r-- a)"':c6 ('1' i -r--oi uj i U
N i ......:::~::!~~ ;:\&l~
0000 0000 w ~ w
!
!il~ OlOlOlOlIOl 0 0 !S1~~~pj~1 ~ ol ol @N'<tO)Cl)q-.C'; . 00 !;; ~ iJOli ;\ 00
.N cj cj ~~ffi~~ n ~~ 0) N CO). ~~
,"1<1 ! 13\<!~lli<i~ :; "'~<6 I":
0 N ~ '"
N i 00;';; ZiiU; = ~ ~ l:g
! ! I
~~ OlOlOlOlilO 0 0 ~~~~~~! ~ lo lo OOtONM'<t1 ~ 1O1O ~NNlO' ~ 1O1O
~N cj cj ~r::~@~lil! (O~n~ !
lEIl': I . " - - - - -I ~ - I ~
l': i I O>N~lO~n5' 1;0 ~a~ I
~;: ~",-(I)!;
I tl)OO (1)(1) I
! i
~~ 101O1O1O11O 0 0 !4fPO~lQiPHill 0; lo lo ~!il~lBlEI8! ~ 1O1O ;:!;~jJ~!~ lOOl
cj cj iT"" g~~il8:;;1 ;} ~~~ Ii
~ ~~ ~ ~ill III
0000 Ifllfl W
! i I
I I I
"'''' OlOlOlOl[ol 0 0 IONONNot...... 0 0 ~~~~~~f ~ OlOl aoRol G) OlOlI.
~N 0 cj '<fMN'<tMN! ~ ~ ~ t-NtoW N
sl<l to.".", co
t;i gi;t >f ili ilii I'i sf~'~ ! ~ C
N ..........(1).....00001 CD ~w!e i ~ ~
; i OOth 00 :"" I ~
I
I
~
.., ~~ OlOlOlOljOl 0 0 "'NONNOI ~ 0 0 138 0> iil ill lil! ~ 00 0> 8 NOli ~ 00 ~c:.
2 0 cj '<fMN,,,,"MN S!? ~ ~ N......!::: ..... . ~~ 3~lEI , ~~ ~
'3 ~]r8Nt--<6"':! I _-In-W- ! g ~
1<1 I ~~ill~lJlilll pjlh~ i:i U
~ 0000 EI) I
i I i I
::> I
.
..,
I" ~
Cl @~iJlOI8
IHl 1010101OilO 0 0 !Q pj ~;pqq;~ ~;n 0; lo lo iB!ll~i881'" 8 1O1O 1O1O ~
cj cj
~~ I ,~ ~8~~~il i N . ~
! m-l6<6 l!l
1<1 I Ei),;';;~U;m !... iB&l.. I e
(fl ~ ["" "
i ! i ~
,
~
,
j:lN O~OOI 0 0 0 tONONNO: ...... 0 0 O)(OtO'<t~~ ~ 00 r-ON'~I ~ OlOl
.!-~ Ifl OOOO!OO cj cj '<t("')N'<t(").N! ~ ~ ~ to<Df---to .~~ tON(O ,
NION!'- '<t_M_N_ ! ~
N ! ::f1i:alisf:li !J; iB;\~ lie
1<1 ! i ..........(I)......lala IOlae ,~
~~ ~ ~ ~ J~
~ !
1L
::>
0
'"
'"
u. !ij!ij1j)1j) !ij!ij1j)1j)
u.
0 i 8l~;(~ I
a. i5 ~lO.~ .~~! ~~.~.~.~~ i
0 !
:I: 9 ("")("")(")("") I -.. (")(")("")("") t5
(/) i 8' . . . 81 w !il ' .. '8 I
W 0 ~w (O.~~108~ m ~ .~~~8""", l- I
X (")'<1". .~......_(") 18("")'<1". .N........("") 2
X I 0:'" W
to ..0 ~ i wili 6CCCC~~ (f) ~ ;t 6CCCC~ "
wZ 2 lHi ~>->->->->->-! !::: Si:~~~~~ ~ 0
z ~~ " , 0::1-1-1-1-1-1-! z 2
~ ; '" -' 0 [
~ Il:j wa::a::a::a::a::a:: :J ~ Ie cta::a::a::a::a::a:: :J
I!:!:! D.. wwwwww,'...J wwwwww '" ~ r=-
!:2-1- : I- ;;/'" o n.n.a..o.a.. n.i :!!;; .. fdn.a.a.a.a..a..
z ~i wOZI-: ::::i adiUiUiUi~ ~ ~ I !z ~ o~oooo w ." [j
<( F!z ~ ~ D5a:: a:: a:: a:: a:: cr j~
() @~~~I ~ ~~~~~~~i ~ n.a..c...c...o..c... fH '" _u:
z i5~ ...J...J...J...J...J...J I- 5~
0 G~ effi ~:!!;;:!!;;:!!;;:!!;;:!!;;:!!;; (i) O:l'; ~:!!;;:!!;;:!!;;:!!;;:!!;;S . (f) : >
I- Q;I- 0 m ~ W~' ffi -iJl
~ ~:: ~:Ja6: ~ 1-1-1-1-1-1- W w 0: 0::1-1-1-1-1-1- Oili"'l ~3
l\!~ ~ZZZZZZl a:: l'; .. ~ZZZZZZ - Wlen
~ 8" !:2wO! z _~~~~~'n~n~! 0 '" -' o~~~l:~n~~ ~ iti=~ffi! l- ii>"
C6u::a::~1 ~ zo en------I w .. ;! ff:3f3f:3SHfH3 ~~o~! m ,,'"
.;:) @o~:Ji u: 02 ~f:3f3f:3f:3f3f:3! ~ 0 ;;/ ",Ol e
I- Zo w Z cta::IY~a::a::a:: I-I-Z-: 0 U
<( 0:> IJ) <: 0 OW cIYIYa::a::a::a::i m ~ w hi lD(f):JO: ..J '"w
(/) ;:)0: Z~W!:::i Z wt'; ~"""N(",,)'<tIO(o[ ~ 0 F ~zll-WI c( ,,>:
>25 g ~~! g ~ .. -wN, ::J "'I-
W ~al ~ ffi......NM '<t1O <0 .. <I.~ri:~i I -':5
~ -'z <I.......I</. ~ ~~ ~~~ ~I~ n~~~~~ ~ " fHt::1 :3::>
~~ omffiffilo ~~ z 20 n.: I- 2::<
-' iL~ Z 0 I:! ~~,~()i ~ :ld
:> I-...J...J...J I- 0 " Z
AGENDA ITEM NO. 3'2
PACE ~'J.. OF .~ r.;
"
"
ri
"
"
n
:>
ii:'
:>
o
'"
Cl
u.
u.
o
a.
o
:I:
en
w
:I:
t:.
z
~
z
('j
z
o
en
en
rl
en
w
Cl
:5
-'
:>
.~
'"
I!!
o
~
~lll
~~
'lIS
l:;~
~
l:;l:;
~~
o
N
~lEi
~li:
N
~~
:IN
S~
N
~~
ll!
~I;j
NO
NN
~
~N
,N
N~
o
N
K!
w
9
o
:I:
.,0
WZ
~~
~~
I~
..~
;:j'"
>-jlj
~~
o:<l
Iil Iil
Iillil
ffi~~~Pl8~
~~&fggg~
g g
~~~g~~~
&i&i&i&i&i&iill
Iil g
2rti$?~~~~
IOIOMN.....OOl
tiggggg~
:ei2m;::I1l"'~
'<3". '<3".N......o ......m_a::i
~~&l~~~(Q
g g.
CO:9:c<>.....lOlO*
~c>lg~:gs:-~
&i&i&i&i&iUill
g g
0<00)'<1";9;:1'-*.
;lljC;~(3~$<o
ggggglif8
g g
'~~:e:a:;"'&;
NNQmd)Ci5 .
ggggg~~
g g
~~E~r8~~
&i&i&iUUU::;
::!
~ ~
iii ":
.. /:
i ~
.. ~
~.~
ll; l!l
m m
~ .
o Z
Z 0
::> Z
lijlijfjjfjj
m~~~
g;riri"irig;~
" . .. . 8~
iD~~~8-"<
_I'- N _~
f"l'IT N.....Mv
~c:!:'fdc:L~.~
>->->->->->-(1)
!::~li:li:b::tr:li:Qw
zwwwwww-..
:;)0.. n..o.. 0.. a. 0.. ('!)
ffi @ fiUiUiUiUi? u;
D.Cl.o..a.n.o..Q.(I)
~~...J...J...J....J....J....J "'C
~<(<(<(<(c(u.
1-i=i=i=i=i=O
izzzzzz>-
~~~~~~G'i
ffi ffHlHfl RHB ~
~"'n:n:a"rn:*
ifi.....N('<)'<J"I()<O~
n~~n~~
g g
2@~~~~ ~
~g-c;;- 1t:8 ~ ~- co
ZiU; &i&i(/) ~
o 0
.. ..
~~~ni2~! ~
""':(..tlO_tO......_<Xl.:ICIl
~~:e:g~$1'"
..........(1)..........(1).,12
ww- (fl(l) I-
i
g Ii!
NIO(()"":'Nr--11O
. ~S~~~~I ~
.....Nt-IO.....<O ...
..........(I)..........E1),.....
(1)(1) woo 1-
Iil Iil
~~~~~~ ~
rD'<;J"-("'-oiN~ l")
~~t;)~::~ ~
U)E1) (1)(1) W
g OJ
"'<D8"'N~ -
m(().....oo'<tco IS
l=l~~~~-~ i
&i&i(l);;&i~ =
g g
fJ~fB~~~ S
m~R-~:g-~- :e
~&iEl')~~t!t ~
Iil Iil
~~~~~~ ~
i\i"lli:;'iS'" or
~~ll<~~:ll ..
~(A t!t(A .,.
:i;<:i;
~g~~8g t1
~~~~~-~ ~
~~ ~(A a
fjjfjjfjjfjj
[~- ~-~-~-g;
MMMM
iil"''''''8~
M-tq:MRl..-ri
~c:tis:'iC:~
,>->->->->->-
...................1-1-
a:: a:: a::: a: a: a:
wwwwww Cf.I
o...o...o...a...o...o... W
~ ~~~~~~ ~
~ ~"'''''''''''''''' Ie'"
~ itl--I-I-t-I--I- 0:
.. ..Ie~~~~~~ "'
;;J, ~ffiffiffiffiffiffi !
ffi ;ia:a::a:a::a::a:: !IE
~ ~"-NM~U1ID i
i U~~~~~ ~
"" ~
M<O
N"
~~ ~
~
~
~
,
"" '
~ro~~
>!~.~
~~U
~ ~
""'~
::::::g~~
~~~~
..-..-21....
< ~
~ "
~ ~
1i~U
~~~~
::::::~~
""
~ ~
- ~.~
''#<f!. <;;. q
:::::tJ;~~
dN~~
~~~~
..-..-~oo;
~~
~~
" "
1i~~~
~~~~
..-..-~tj
II
""m~
::l15"'
d(")~~
::::::u
""
::l:"
~~
~ ~'
~UJ
'J!'"
815
~~
fi'~
~~
>-UJ
"""
!'Jiii
~~
n:tii
",z
32
OF~ t;
AGENDA ITEM NO.
PAGE ..3~
.,
..
'"
..
a.
..,
,m
..,
~
i!
::>
'"
l'!
o
51
ii:'
::>
o
'"
"
"-
"-
o
a.
o
J:
'"
w
J:
t:.
z
o
>-
z
IS
z
o
'"
'"
~
~
'"
w
~
-'
5
....
:!
g
~~
~~
Iiil
H
nN
Iiil
nn
"In
NIiil
~
NN
"IS
~N
U
Iiil
lil:Sl
~Iiil
o
N
~
!j1
..0
wZ
~.~
~~
Ow
~~
8'"
"'~
;lio:
>-il
....ilj
~~
@@@~ ~
OWC"'l-fLi ri
Si;i;IllN 18
~~~~ ~
0l0l0l0l Ol
OliOOlOl Ol
0l0l0l0l Ol
~~~~ ~
0000 0
oowoooo W
iOiOiOiO Ol
~l7;~~ ~
~
Z
=>
fB~~~ ~
w-wfB G
~~i1ltr lt
w~ZcrW 0
m""SI- w
~:Jo~ 0
z~::go ~
@lLW~ Z
~~fi:;i ~
z~w!= z
~8~1i ~
~~~~ ~
Owww 0
_1-...J-l..J I-
<<
Z
o
d
o
d
o
o
o
d
o
o
o
o
o
o
<<
Z
HHH:!
o
o
IONONNOi .....
'<l"MN'<l"MN1.$
i
!
o
o
~~iq;~ ~_Q! f.1 R I c;;
. I-
I
I
I
o
o
~PfR!;;!Pf~1 ~
i
;
I
o
d
lONONNOJ ....
'<l"MN'<tMNi $
!
!
o
o
IONONNOI ~
'<l"MN'<l"C">N $
i
I
o
o
!q~RqPfR ~
o
o
~q:~ ~ ~q;~ R ~
fjjliJlliljj
H;~ ~~_~fjj
'''M('')(''')(Y)
@.~,;:il8~
M'<tMN.....M
~~~rif.i~ ~
~>->->->->->- z
ffib::b::b::b::b:b: .::>
A.~~~~~~ .<1
~a?ani~a?~lE f=
D..Q..a.a.a...o.Q. ifj
ci...J...J...J...J...J...J 0
F~~$S;$S; wU;
z~~~!z!z!z a:
~l'jl'j~l'jl'jl'j 0
f3f3ff3ffisHBf3 ~
D::a:::o::o:::a::a:::1r ...J
o W
&.....NM'<l"lOtD ~
I~~~~~~ ~
~ 0
m ..
.~
.oj
g.
~torelR~all;j
.lO.(J)_M_IO_fD_ ""-
NlDtOOlO CD
'3$R~(01B It:
.,z--NrriN....:'. uS
wwwwwoo .....
'"
o 0
.. ..
2fS~~~81 ~
. ~~. &i~':&illi
u)oo ww - ...
;
Ol Ol
CO.......... 10..........; co
Q\.&i~.s:. ~_18.! S!
~~~m~~i ~
..........00..........00, ""-
ww ww f'"
Ol Ol
U!il~~i'-JI~
;iofu)~r-.-ci! -
_~I;;~::I;;Il!!
f;hffl ww ...
Ol ol.
CDOl<:O'<t~CO: co
CJ)101Oa) ......_
MMMV a)t co
g~'~12~f8i ~ . "
oowi09wZ;;;i09i t;:
i
ol ol
~_iil~ ~~_ ~_I ~
:e~~[fi~nD ~
..........i09..........(h ....
io9io9 io9Eh 1_
ol iO
fj1ilU&i1li!!
(")NN~aR ~
~~t,;::!::::l):I: 10
(hEh EhEh ""
OlOl
fDlOVN,....m In
IOV.....MCJ)1O 0
"",o;oCJ)VIO,.... I")
$~R~:~r;t ~
..........(1)........(1) ""'
(1)(1) (h(l) ""
:z
:z ~.
~ ~
.... 0
S ~
0..
~ E
b;
D- 0:
o D-
o: ....
~ ~
D- W
00
.... -
W ~
iii .
o Z
~ !1
"' 'cT!L
UHf) en en
fjj81;!:~~fjj
IOVMN
f<iriM'ri
@.~~:il8~
:BZct:c1ad~
~~i::i::i::i::i:
~ffiffiffiffiffiffi
fd~~~~~~
3i~~~~~~
~S,,""""
m~~~~~~ fJ
td~~~~~~ ~
fffHflffH3ffiffi cl.
...10::::0::::0::::0::::0::::0:::: _
<< lil
~""'NMVlOfD Bi
~~~~~~~ ~
I-
m
~
I-~O
wZ
n
-w
",~ffi
Z<n
gill
~~
zz
@~
ON
81~
~
..
:e~88 ~
0:q:1OC"'l ""t
<<i":!.'r-:fD' ~
~.~SS~ ....
,........~~ iii
(;(1) ~
88 ::::~lJ~i-~
00 CJ)NC"'l : Cl)
R"si iIi~~ Iii
())tQ ""'(1)(1) 'I'"
fD'~ (I) '"-'
e :
OlOl
NSQN~i 10
~l'lill . ill
C'i..;t<O' I d
NV..... In
1;;..... ili;
OlOl
~_~_~ol!, ~
~MCD . U"I
,....a;A. I!:?
(I) '"-' '''''
I
OlOl
~~~~!~
VfDC"'l t co
'ir;j~- i ~
~(I)(I) :....
'"-' i""
I
I
-~~
NION~: In
~are t:6i::
O.,....:fD. i 8
"';1;;;; I ~
~ '"-' i W
iOOl
",~iijOli i!!
V_~C"'l. I'"
,.........fD N
18;1;;;; ;..
lfl '"-' !'"
i
.. ~~ fD.....N~: In
. ~N~ i ~
~-Q'ff i Je
~(h 'CD
'"-' !-
I
i
~ !
~ I
~ g i
ffJ ~ I
iE ~. i
m !ii ! ~
W WI-I &:
Q~ffiffil ~
~i=~ffi! ~
~~o~! ~
I-I-Z-:
CC(f)ir~: ...I
~~ ~! ~
~"oL!l:J: z
<< '"<<. Z
~<{Wt=", '"
20000.. ~
~~~(): ~
ACENDA ITEM NO.
PAGE 3 Lf
H
00
....
OlOl
OlOl
I
00 ~
....~
o
~
~
~
OlOl ~
i
I
~
OlOl ~
~
~
.
~
,
00
.....
'"
o
_u:
Q~
~!iJ
17i~
=>Il:
a'0l
Il:W
=>2:
<n~
'"'5
"I=>
z"
z=>
<<0
u
u
u
. .:<;2.
OF "2, r;
0>
"
rl
"
(\~
~
::>
,
'"
~
a
iL
::>
o
0:
Cl
"-
"-
o
"-
o
:x:
<IJ
w
:x:
C.
z
~
z
<5
z
o
<IJ
<IJ
..
,.-...,;;.
r ":c
<IJ
w
Cl
::5
-'
5>
II
~
...
1!
g
~~
o
N
i~
~~
l'l
~::l
gl'l
N
NN
'713
!;N
o
N
~~
l'l
~~
o
N
~
2
..\1
wlil
~g
~~
~~
g~
"'~
;aD:
>-1\
...~
a<:l
;! ;!
~~~~~~~
Ol Ol
......~:8l()OC')*
a(}d2l2a&l:ti
Ol Ol
..,...,...,.1ll1Os:2*
~~b12~li'St')
t%":;g&f&i&:~
Ol Ol
T'"".....~Cf)2.....*
88CO~<Di:()('.t
a;igggg*
Ol Ol
",,,o~..~..
csmR~g::g:~
.,;ggggg~
Ol Ol
COs;!:N....'<tN.....
b1;';$:R8[:;)~
gggg~g~
Ol Ol
"fl~"'I3<l"
co IXHPl1'S..,. C') "'":
gggggg~
Ol Ol
~!!i<D~(1;~*
r--t-Ui)..,.MN-
gggggg~
fbfbfilfil
~~~n!j
lliririririiJj~
~i?Q~8~_;;!
W (,)'Q"~N""'(")C
It: 6ririlili~~
~ >->->->->->-U)
It: !::~h:~~lr~Q
IU ZUJUJUJwww!:!;!
A. :Jc...c...a.c...a..c...('!)
<<~~ ~;H;Ui?~-
lfa.ll...ll..ll...Q.Q.~
....J...J...J...J...J...J'<(
~S;'S;S;S;S;S;u.
0::1--1--1--1--1-1-0
wZzzzzz>-
~~~~~~~it
fffif3ffHfHBfB~
~o::cro::o::o::o::C.!)
IS >'
ffi.....N(<)q-L()<D~
D~OOCl)(J)(J)(f)"",
iii 55555~
~ 00000
<IJ
<( <(
z z
~~~~~~ ~
Ol Ol
~~:;g:g~i rn
(O_"l~(O"~co_i Il)~
~ ~"'bl~~' C;
N~~r-~~i co
WW to9E04 1M
Ol Ol
IOCO~O~r--: N
",:;\",8",i\:; 1!
cia:ir--cri'<l"-~-'I' .;
.......,.COI'-("') i
N....W..........
Wtl). UtI;/) I
Ol Ol
l3illl:'''''Q;Pt;
N(O..-;oo>(O', "
~~~l%~1 '"
UtEI') wwl
Ol Ol
~2~fQ:e2i, !l!
(',1,.....,.0(")..... ;S
~N;;fNO),.:! !
~~f2~~&i! co
U11H Ifllflo i'"
!
Ol Ol
NS!(o'<rmt-lo
f';"'bllBl3l3 l'l
ffi~N~~:!!. sf
..........~..........~! ....
wV) wv) :_
I
Ol Ol
~!!lR~[iH'il i:
;i"': .....-lri '<l'<<J"-j cD
.....~m~~tii:, '"
(o')V) v)v) :_
i
Ol Ol
C')U')O<<J"'<3"g'l ..
[O;1)u;~a;.... ~
6f~?ifi~~1 ~
.......-(0').......-1;14,....
!;141;14 1;141;14 ,_
lLELlLlL
(J) (/)(1) (J)
lli!!J.~_~~r.
(<l(<lM(<lO'J
!;!';'Q';'8~
(")!q:~~""'(<l-
.c...ci:ci:ci:tL:~..
>->->->->->-
1-1-1-1-1-1-
a::a::a::a::n::a::
wwwWUJUJ II)
t:l.t:l.t:l.t:l.o.o.. !!:!
~~~~~~ ~"
~~~~~~$ ~
ffi~~~~~~ M
"-~~~i'ji'j~ :J;
~f3f3f3BH3f3 ~
cia:: a:: a:: a:: a:: a:: ~
~~N~~~" i
m~~n~~ ~
H
~
~
~
~
~
,
~~ ~
~"":tls
ON:>.'''''
::::~~
II
t5 ~ .
~~~~
~*c:.~
dN~~
;:;::~~
~~
~~II
ON~~
::::~~
" ~ ~
~~
~~
~~
~,
~~~~
d~S~
~~~~
..........~...
~~
, "
~~
""
**c:.~
rll<l~~
S2~~~
.......-~~
-!
~
""~~
C')<D..,~
N<D5~
~~tQ~
~- iJ
""
~~
N~
~~
AGENDA ITEM NO. . ~ 2-
PAGE ~ S OF ."3 c;
"U
'u
,
,j
;;
-,
u
[1
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: '. MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGE"!l
~ i .
DATE:
JUNE 14,2005
SUBJECT: POTENTIAL SITE FOR BOYS AND GIRLS CLUB
BACKGROUND
During the City Co~ncil's review of the pro~osed Fiscal Year 2005/2006
budget over the last two months, the Council stated their support for
establishing a Boys and Girls Club in Lake Elsinore. A presentation was
. made by the Boys and Girls Club to the City Council at the regular Council
n meeting of April 12, 2005. A feasibility committee comprised oflocal
business and community leaders has been foirned to determine the process
of opening a Boys and Girls Club in Lake Elsinore.
One ofthe first steps required by the Boys and Girls Club to establish a new
club is to identify a site for the facility. The feasibility committee has
discussed several possible locations to place the Club in the City. The
committee has determined that a 5.4 acre parcel on Mission Trail, which is
owned by the City, may be a viable site for the Boys and Girls Club (see
attached map ).
FISCAL IMPACT
[1
There is no direct fiscal impact associated with identifying the 5.4 acre site
on Mission Trail as the potential site for a Boys and Girls Club. The City's
Fiscal Year 2005-2006 does include $10,000 as start-up funding to create a
Boys and Girls Club in Lake Elsinore. Funding for the building and
operation costs would have to be identified. It is anticipated that building
and operation costs would be provided through fundraising and
sponsorships/donations by individuals, organizations the business
community.
Ci'~~1n~iH~ 3.3
oj ~. I .~ ~f .J. ~'"
\
..-
June 14,2005
Page 2
RECOMMENDATION
>
,
It is recommended that City Council identify the 5.4 acre City-owned parcel.
on Mission Trail as the primary site for the establishment of a Lake Elsinore
Boys and Girls Club facility.
,
PREPARED BY:
APPROVED FOR
AGENDA LISTING:
Attachment
Robert A. Brady, City Manager
~nSAoo. S3
~ 2- 01 ~
u
u
u
/ ";
"
/-',
"
")
',(
,/
'..'
...<i........................
.
" "
. - . ,
'--'-"'. ,-
Potential Site for Boys and Girls Club
~~NO. .:::x3
..' 1WlLL0I' '5
~
()
/
/
/
I
I
I
RD
"'~'r'-'-'
O.5M~es
I
o
o
u-
n
n
n
I
I"~
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
,. I '. ,", ""
ROBERT A. BRADY, CITY MANAGER
DATE:
JUNE 14, 2005
SUBJECT: PERSONNEL RECRUITING AND REORGANIZATION
BACKGROUND
i ~ .
The City Clerk/Director of Human Re~ources position has been vacated and
the City ,Engineer position will be vacant as ofJune17; 2005. The
recruitinent for the,' City Engineer 'position has already been initiated and will'
follow standard recruiting procedures; During the recruitment period, an
interim c!lntract CIty Engin~er will be available three days a: week. The'
interim City Enginee: h~s been recommended by the cuir~nt City Engineer.
, "
- Due to the vacancy of the City Clerk/Director of Human ResourceS position,
the City Council direct~d the City Manager to separate the functio~s of the .
City Clerk and Human Resources. At the Mlw24th City Council meeting, ,
the Council unanimously authorized the City Manager to enter into an
agreement with Wilcox, Miller & Nelson to conduct the search for the ,City
Clerk position and present the City Council with a plan to'reorganize Human
Resources. ' , , , "
DISCUSSION
Chapter 2.38 of the Lake Elsinore Municipal Code ~stablishes the position
of City Clerk and states that the "City Clerk shall be appointed by the City
Council and shall hold office at the pleasure of the City Counci1.'" The City
Council may want to establish a subcommittee consisting oftwo,council
members to work with the recruiter during search process. This approach'
would be similar to the City Manager recruitment process.
~' .
r ....
AGENDA ITEM NO.
PACE \
3-\
OF \ \
Personnel Recruiting
June 14,2005
Page 2
City Clerk
The City Council will have to establish the compensation package for the
,
City Clerk position prior to commencement of the recruitment process. In
accordance with Chapter 2.38 ofthe Lake Elsinore Municipal Code,
compensation for the City Clerk is established by resolution of the City
Council.
u
The City Council will need to determine the salary range and benefits that
will be provided to the City Clerk. The compensation package could be .
developed based-on a comparison with other cities in Riverside County. The
compensation package should also take int() consideration the required job
qualifications. The job descriptioI1 for the CityClerk position willhavl? to.
be revised and references to:the Human .Resource function will have to be
removed. The City ClerkJDirectorofHuman Resources position was .
classified as a depa1\':Dent head position ap.d compensated at the sarnerate as . U
other department heads (grade 80, $93,532-$113,689) bU,t also received .
deferred compensation in an amount equal to five percent ofihe base salary.
Attached for City Council information and reference is thejob description
for the City ClerkJDirector of Human Resources position and an e-mallfrom
Wilcox Miller & Nelson that provides a brief salary and job requirement
survey. Staff~ill conduct a salary survey other cities in Riverside C(junty. .
'. .
As part of the p'roces~ todetermine compe~sation, ~he' City Coun~il may also
want to compare the City Clerk's position to other positions in the City. Fo~', .,
example, the City Council may want to consider establishing the
compensation package for the new City Clerk position as.a lower mid-
management position (grade 73, $77,051-$93,656). 'This could incllideall
or some of the benefits provided at this.managementlevel. This level
receives a,monthly car aIlowance of $200, 63 hours of !ldministrativeleave.
annually and a life insur~ce policy of$75,000. . " .
Human Resources
Many City staff members and the employee Union have expressed concerns
that the Human Resource division has not been provided adequate resources
to function.properly. The City could benefit from improving and expanding
AGENDA ITEM NO.
PAGE '2
u
3-\
OF \ \
n Personnel Recruiting
June 14,2005
Page 3
its Human Resource services. The Human Resource function could be
realigned as part of the Administrative Services Department. A Senior
Human Resource Analyst position (grade 65, $64,168-$78,019) could be
created to administer and oversee the City's Human Resource functions.
Some Human Resource functions are already being handled by the City's
current Payroll Specialist. Due to the increased Human Resource duties that
the Payroll Specialist position (grade 47, $41,070-$49,921) would be
required to assume, the position could be reclassified to a Management
Analyst (grade 58, $54,239-$65,928). A part-time Office Specialist I
position (grade 23, $14,220-$17,285) could be added to handle filing and
other clerical work in the Administrative Services Department. The part-
time Office Specialist would not receive benefits.
FISCAL IMPACT
(\
Changing the classification of the City Clerk from a grade level 80 to a level
73 and eliminating the deferred compensation would reduce the cost to the
City by approximately $69,200. Adding one full-time senior level position
and one part-time clerical position and upgrading the payroll position would
cost approximately $153,100. The net cost of improving the Human
Resource function is approximately $83,900. Funding for these positions
has been included in the proposed 2005-2006 City Budget.
RECOMMENDATION
The following is recommended to the City Council:
1.
Establish a subcommittee consisting of two council members to
work with the recruiter during the search process for the City
Clerk.
Direct staff to prepare a revised job description specifically for the
City Clerk position.
Discuss the salary range and benefits and direct staff to prepare a
resolution for City Council consideration that details the
compensation package for the City Clerk position for consideration
at the June 28, 2005. City Council meeting.
2.
3.
(\
ACENDA ITEM No.3---l
PACE . 3 OF_ \ \
~
4. Direct the City Manager to transfer the Human Resource functions
to the Administrative Services Department and establish a Senior U .
. Human Resource Analyst position (grade 65), a part-time Office
Specialist I position (grade 23) and reclassifY the Payroll Specialist
position (grade 47) to a Management Analyst (grade 58).
PREPARED BY:
Robert A. Brady, City Manager
APPROVED FOR
AGENDA LISTING:
. !
Attachments
., ..
U
..1
.....
. ,
.,
'-',
>
".
'. 'i
,.
. ,
'.'.
'0 \
> .
U
ACENDA ITEM NO. 3-\
PAGE l\ OF-U..-
('\
CITY OF LAKE ELSINORE
CITY CLERKlDIRECTOR OF HUMAN RESOURCES
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities that are
associated with specified positions. Therefore, . specifications mllv not include all duties peifonned by individuals within' a
classification. /n addiiion, specifications are intended to outline the minimum qualifications necessary fOT entry into the class
'and do not necessarily convey the qualifications of incumbents within the position.' .' . !.
DEFINITION:
, '. . .'
Under administrative direction, plans, manages, oversees, and directs the operations and services of the,
City Clerk's Office, including the performance of statutory duties and the preparation, posting and
maintenance of agendas, minutes and records for the City Council as proscribed by statute; oversees and
directs the management, retention and distribution of City records and documents; develops and
coordinates the implementation and application of the' City's persorinel rules; coordinates program
activities with other City officials or outside agencies; serves as a techOical resource for assigned staff;
performs related duties as required.
DISTINGIDSHlNG CHARACTERISTICS:
The City ClerklDirector of. Human Resources is a department head level class that oversees all
ntions and operations of the City Clerk's 6ffice" including records management and retention,
1 Juction and publication of agendas and minutes for the City Council,. and is responsible for
enforcement of laws and regulations pertaining to elections and campaign financing, public records,
meeting notices, and conflict of interest. The incumbent is also responsible for the City's Human
Resources function, including recruitment; selection, classification, compensation and 'labor, relations.
This classification is distinguished from the next higher classification of City Manager/Executive
Director RDA in that the latter has overalIresponsibility for administering the City's operations.
SUPERVISION RECElVEDIEXERCISED:
Receives administrative direction from the' City Council and City Manager/Executive Director RDA.
May exercise functional or technical supervision over assigned staff. ' '
ESSENTIAL FUNCTIONS: (inClude but are not limited to the following)
.
Accepts full responsibility for all City Clerk's activities and services, including activities associated
with the prod'tction, publication anlmaintenance of City records, agendas, and minutes relating to
City Council and other boarll and commission activities; accepts full responsibility for all Human
Resources functions, including recruitment, selection, classification, compensation, benefit
administration, and labor relations; coordinates activities with other City officials, departments, and
other agencies and organizations.
.
Develops, implements and maintains the CitY Clerk's Office goals, objectives, .policies, and
procedures; reviews and evaluates work methods and procedures for improving organizational
performance, enhancing services, and meeting goals; ensures that goals are achieved.
n
:-
AOENDA ITEM NO.
- ~,'\ror:: ~
CITY CLERK/DIRECTOR OF HUMAN RESOURCES
Page 2
.
Prepares, manages and coordinates the development of the City Clerk's Office budget; prepares
forecasts of necessary funds for staffing, materials and. supplies; presents, justifies and defends
programs, operations and activities; monitors and approves expenditures; discusses and resolves
budget issues with appropriate, staff; implements adjustments as necessary.
Plans, directs and coonlina.tes the City Clerk's Offices work plan through appropriate staff; assigns
work activities and responsibilities to appropriate personnel; reviews and evaluates organizational,
effectiveness and productivity; identifies and resolves problems and/or issues. -
.
.
Keeps accurate records of the proceedings of the City Council; collects and prepares City Council
agenda packets, meeting minutes, and calendars; follows up, on Council actions to ensure timely
preparation, indexing and filing ,of agreements, resolutions, ordinances and vital records; updates the !
Municipal Code to reflect actions of the CounciL.
'J
. Records and maintains minutes, ordinances and res~lutions; publishes legal notices, hearings,.
ordinances and street vacations; receives and,ppens bid~; receives, accepts and 'processes subpoenas
and liability claims. ' '
. Acts as the City's Election Officer; coordinates election activities with the County; registers voters;
conducts elections; administers and files oath of office.
. Administers oaths or affirmations; certifies authenticity, of municipal corporate documerits for public
officials, governmental agencies, courts and the general public, including ordinances', resolutions,
agreements, d:~ds and other official documents. ' '
. Coordinates, manages, and oversees bond and special bid processes for all City contacts' and
monitors City bids.
. Develops and coordinates the implementation and application of th~ City's per~onnelrules; prepares
and oversees recruitments; develops and performs new employee orientation to benefit programs;
reviews overtime and leave requests; participates in collective bargaining, and represents the City in
labor related issues with unions; assists department directors with personnel issues.
, .. ."
. Serves as a resource for department personnel, City staff, other orglmizations and the public;
coordinates pertinent information, resources and work teams necessary to support a positive and
productive :environment.
. Attends and participates in professional and community meetings; stays current on issues relative to
the field of planning, building inspection, code enforcement and 'relative service delivery
responsibilities; responds to and resolves serisitive and ,complex community }lnd organizational
inquiries, issues and complaints; establishes and'maintains a .customer service orientation within the
department. . ,
.
.
Establishes posItive working relationships, with representatives
state/local agencies, CitY management and staff and the public.
of community organizations,
, ,
AGENDA ITEM NO.
PAGE lQ
.~
OF \ \
,
.I:'
IIi:
,
iI',:
:i:
(,)1'
..\
if
,:
Ii
j,
'j
I;'
ili
!;
i
I
I
I
I.
Ii!
II!
llii
ii!
ii
!i
I:.
, ~
'U\II
i'
.
Ii
p
I
"
I
d
:1
I'
i!
II
,
Ii
"
u
. CITY CLERK/DIRECTOR OF HUMAN RESOURCES
Page 3
('
PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:
,
Position requires prolonged sitting" standing, walking, reaching, twisting, turning, kDeeling, bending,
squatting and stooping in the performance Of daily activities. The .position also requires grasping,
, repetitive hand movement arid fine coordination in preparing statistical reports and data using a.computer
keyboard. Additionally, the position requires near and far vision in reading Written reports .and w<?rk, , .
related documents. Acute'hearing is required when providing phone and personal service. .The need to,
lift, drag and push files, paper and documents weighing up to 25 pounds, as well as speech sufficient to
. communicate in group settings without the aid of a microphone, is also required. .
, ! ",.:
Some of these requirements may;be accommodated for otherwise qualifi'ed individuals requiring and
requesting such accommodations. ' i
QUALIFICATIONS: (The following are. minimal qualifications necessary forjntry into the
. . classification.)
. Education and/or Exverience:
('
Any combination of education and experience. that has provided the knowledge, .skills and
abilities necessary for a City ClerklDirector of Human Resources, A typical way of obtaining ,
the required qualifications is to possess the equivalent of five years of increasingly responsible
administrative or supervisory experience in a Human Resource and/or a City Clerk Department.
The equivalent of an associate's degree, with major course work in public administration or
paralegal studies and certification by the International Institute of Municipal Clerks, is highly
desirable.
License/Certificate:
Possession of, or the ability to obtain, a valid California Class C driver's license,
KNOWLEDGE/SKILLS/ABILITIES: (The following are a representative sample of the KSA's
necessary to peiform essential duties of the position.)
Knowledee of:
Modern principles, practices and techniques of municipal records management and elections;
principles and practices of budget administration; methods and techniques of supervision,
training and motivation; principles and practices of personnel, labor relations, risk management,
and benefit administration; basic principles of mathematics; applicable federal, state and local
laws, codes and regulations, including the Brown Act, California Elections Code, FPPC
regulations and the California Public Records Act; methods and techniques of scheduling work
assignments; standard office procedures, practices and equipment; modern office practices,
procedures, and equipment, including a computer and applicable software; methods and
techniques for record keeping and report preparation and writing; proper English, spelling and
grammar; occupational hazards and standard safety practices.
('
.;"
"
AGENDA ITEM NO.
PACE ::r
3L\
OF -1..L-.-
CITY CLERK/DIREGTOR OF HUMAN RESOURCES
Page 4
Ability to:
"(
Plan, direct, manage and coordinate the work of the City Clerk's Office; accurately index,file,
certifY and maintain records; operate and maintain the Document Imaging Program; interpret,
explain and apply applicable laws, codes and regulations related to preparing, posting and
maintaining' public :documents and notice; supervise and participate in the establishment of
division and/or department goals, objectives and methods' for evaluating achievement and
performance levels; meet with public officials'and private citizens and provide information, ,and
organize material in compliance with'laws,'regulations, policies and procedures;, work long hours
and attend evening or weekend meetings as required; read, interpret and record data accurately;
organize, prioritize and. follow'up on work assignments; work independently aJld: as part of a
team; make sound decisions within established guidelines; analyze a complex issue, and develop
and implement an appropriate response; observe safety principles and work ina safe manner;
conununicate clearly' and concisely, both orally and in writing;: establish and maintain effective
working relationships.
Skill to:
Operate an office computer' and 'a variety of word processing and software applications; operate a
variety of automated' record keeping systems.' '
t' ""
If;
'_,..,:r,'
, ,
. ./.
,.""'.
'..
,;
','l 'I,
,.'.
'"(',
~',. '
\
~,.
., ""
" )_'".
.'
, ,
'1, ',';
AGENDA ITEM NO.
PACE 'R
2N
OF \\
I,
II: '
'I!
In '
;j
i
~ -. t
Page lof3
n Bob Brady
From: Chuck Dalldorf [cdalldorf@wilcoxcareer,com]
Sent: Friday, May 27, 200511:47 AM
To: Robert Magee; Bob'Brady
Cc: Lauren Morgan,
Subject: Quick City Clerk salary - requirement surVey
May 27, 2005
Dear Mayor Magee and Mr. Brady:
. . . . .' ,
First, thank you for the honor and privilege you have extended to Wilcox Miller & Nelson to
assist with your search for a new City Clerk, Under separate cover I am sending you a draft of
an agreement and timeline for the search.
I have done a quick search and listing for currently open City Clerk'positions, their
requirements, salary and other compensation issues if they are identified. These are different
cities by size and market, but provide you with a snapshot l?f what is currently available.
I hope this listing is helpful to your efforts to establish a bandwidth for the City Clerkpositiori:
n City Clerk City of Brentwood $85,584 - $104,016
5 years increasingly responsible administrative or operational experience in a public agency
including three years of supervisory responsibility in a City Clerk's office. Significant
experience supporting a City Council, Board, Commission, or other body which required
developing agendas, preparation of minutes, maintenance of official records, and frequent
contact with the public, as well as responsible work experience related to automated records
\ management systems. Bachelor's degree from an accredited college or university with major
course work. in political science, public administration, busi':1ess administration or related field
is required. possession of a ,California commission as a Notary Public and certification as a
California Certified Municipai Clerk (CMC) required. .
City Clerk City of Lathrop $61,934 - $75,281.
. ..,
Minimum requirements include ttie equivalent ,of five years experience in a City Clerk's office,'
including two years of administrative or supervisory experience, and an AA degree in Public or
Business Administration, or a closely related field. A BA is highly desirable. Must have
experience as a City Clerk or Deputy City CI~rk.
- ,
City Clerk City of Carmel-by-the-Sea Up to $74,724 (D.O.Q)
AT-WILL contract position, three years increasingly responsible administrative, supervisory, or
r'\ specialized clerical experience involving taking and transcribing minutes of meets, maintaining
( 1 complex records and files and explaining policies, procedures and regulations to staff or the,
public including experience in a City Clerk's office.
6/10/2005
. AGENDA ITEM NO. ~
PAGE~OF \ \
"'
Page 2 00
City Clerk City of D.ublin $74,292 - $92,868
(City pays 7% PERS,2% @55 Single HighestYear)
u
f,'.
The position requires the equivalent of an AA degree from an accredited college or university
with major coursework in public administration, public policy or a closely related field. A.BAlBS
degree is desirable. Five years of management or administrative experience, preferably in a
City Clerk's Office is required, as well as certification as a Municipal Clerk (CMC) by the
International Institute of Municipal ClerKs (IIMC). A current California Notary Public .
Commission is required, or must be obtained within the first six months of employment.
City Clerk City of Needles $33,264 - $40,284
Performs confidential secretarial work for the Mayor and Council, as well as standard city clerk
responsibilities~ .. '.. . .
Assistant Clerk City of Calabasas $54,960 - $68,784
Training and experience equivalentto five years of highly responsible administrative
experience involving the development and maintenance of detailed and complex records and .
legal documents, the meeting of critical deadlines and the interpretation of laws and .
regulations. Requires completion of a four year degree from an accredited college or university
with major course work in public administration, business,-political science, or a related field
may substitute for two years of experience,
u
Assistant Clerk City of Monterey ,$47,112 -$57,336,
3 years progressively responsible administration and management experience, preferably in'a'
City Clerk's Office is required, as well as certification as a Califo'rnia Certified Municipal Clerk'
(CMC), A current California Notary Public Commission is required, or must be. obtained within
the first six months of employment. '. . .
In addition, I just completed a search for an Assistant City Clerk (although the position
functions as the City Clerk, there is a ceremonial, elected City Clerk in the City), for the City of
West Covina. Annual salary range is $71,700 - $96,804. The City pays a'7% salary .
contribution towards PERS and a City car allowance of $300 per month. They required a
Bachelor's Degree in Business, Public Administration' or a related field with 3 'years
progres~ively responsible experience in a City of County Clerk's Office. Supervisory or
administrative experience in a City Clerk's Office may be substituted for the required education'
on a year-to-year basis. ' , ',.
If you would like, we can do a quick check of cities in youfimmediate area, looking through
budget documents to see what they are currently approved for the City Clerk position.
Again, thank you for the opportunity to continue working with you and I hope you have a great
weekimd, . ., .
, '.
Best wishes,
_:- .
:~u
Chuck
6/10/2005
ACENDA ITEM NO.
PACE \0
:34
OF \ \
Page 3 oD
Charles J. Dalldorf
('"\Wilcox Miller & Nelson
100 Howe Ave., Suite 155N
Sacramento, CA 95825
cdalldorf(fi)wilcoxcareer.com
www.wilcoxcareer.com
916-977-3700
916-977-3733 (fax)
"We create value for our clients and candidates by
providing an exceptional customer experience in talent
acquisition, retention and transition. "
Mission Statement
n
('"\
6/1 0/2005
ACENDA ITEM NO.
PACE "
3L\
OF \\
---
'U
u
u
-
(\
n
n
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
, ,',
FROM:
ROBERTA. BRADY, CITY MANAGER
DATE: ,'JUNE 14,2005
SUBJECT: GENERAL FUND AND LLMD OPERATING BUDGET FOR
.... FISCAL YEAR (FY) 2005-06 AND CAPITAL . .
IMPROVEMENT PROJECTS (CIP) BUDGET FOR FY 2005- j
06 THROUGH 2009-10
BACKGROUND
- .
City Council has c,onducted three budget study sessions on the General Fund and
LLMD operating budget and the CIP budget Good dlscussion and direction .
occurred as a result of the study sessions for preparing.a fiscally responsible budget.
Staff has made changes to the Geveral F~d operating budget since the last study
session on May 19, 2005, which are summarized on page 3 of the attached .
schedules. The sigriificant changes include Council's direction to add an additional
police patrol shift beyond the two patrol shifts necessary to maintain 1 officer per
1,000 population ratio. Furthermore, City Council directed staff to add an additional
code enforcement officer and an additional position in the Parks division of
Community Services Department. .j
The goal of presenting a balanced budget has been met. The General Fund budget is
balanced, $3 million of reserves are maintained, and the unreserved unallocated
revenue balance will grow from $3.4 million to $3.8 million.
DISCUSSION
~ ,., ~ - ,
Increasing services to keep pace with growth continues to be the main thrust of the
City's proposed budget for FY 2005-06.
ACENDA ITEM NO.
PACE I
3:2'
Of i
'!'
REPORT TO CITY COUNCIL
JUNE 14, 2005
PAGE 2
u
The number one budget goal is to increase public safety services. In fact,
expenditures for police, fire and paramedic services are up 36% over last year. The
Fire Department had the largest increase of$I,091,204 or 63% from fully funding
the Canyon Hills Fire Station. The police budget had the second largest increase
with $859,053 or 15% from funding 3 additional police patrol shifts.
Community Development had the third largest ,increase of $779,235, which is
mainly for three new positions and contractual serVices, which are funded with cost
recovery revenue except for the code enforcement officer position.
There are several other significant highlights to summarize:
. The Administrative Services Department increased by $230,815, mainly
from moving Human Resources from the City Clerks depaitment. .
· The Non-Departmental operating budget increased by: $386,000 as a result of
r - ",' . -'.. . .
. a rise in interest rates on the $15,660,000 Recreation Authority variable rate .
bonds and the first principal payment due. of $300,000, which the.General
Fund paysin the form oflease back payments.. . .
, . . ,'.
.. The City Councilqudget had a net increase of $ 137,439 from $268,261 to
$405,700 mainly for a branding and marketing program and for funding a
lobbyist.' .
.. All other departmental budgets had a net decrease of$863,748 mainly
occurring in the Lake and Aquatics Resources department by deferring for
one year the annual $650,000 for lake water purchase as acted upon by City
Council and jointly agreed by EVMWD.
u
Attached is a request from the Battalion Chief Gallegos regarding the funding ofa
Battalion Chief position for City Council to consider. At the last budget study
session, Council indicated that a Fire Captain is typically in-charge if Chief .
Gallegos is not working or is reassigned outside the City which does occur since his
position is State funded. Since Chief Gallegos was not available at the May 19,
2005 Budget study session to address City Council's questions regarding the hew
Battalion Chief position, the one-half year of funding of$96,821 was left in the
budget pending City Council discussion at the June. 14, 2005 City Council meeting
AGENDA ITEM NO. .3;;;
!PAGE 2 OF 7
u
~ -
-t-.-....-_~.. ' ~_...........__
("\
('\
n
REPORT TO CITY COUNCIL
JUNE 14,2005
PAGE 3
prior to adopting the budget. Chief Gallegos will be available to answer any
questions City Council may have. If City Council chooses to not fund the new
Battalion Chief, there would be a savingsof$96,821"in 05-06 and approximately
$199;451 in 06-07.
Summary of Follow-Up Action items From Last Study Session
The following is a response to the action items thatwere discussed at the May 19,
2005 budget study session and summarized by the Mayor at the end of the meeting:
Study Session
Item
Study Session Item
Question/Comment
1. LLMD -:- Lighting Can LLMD Funds be used for the
along Lakeshore Lakeshore Lighting Project? ,
2. Own'er
Participation
Agreement with '
Wal-Mart
3. Animal Control
4. Travel and
Training
5. Battalion Chief
6. Library
IfWal-Martvacates the existing
location, is the City obligatedto
continue paying off the loan? .
Response
Yes, see LLMD section on page 4
below.
City wouIif continue paying based
on the sales tax formula ifWal-
Mart vacated. 'City gets first
$200,000 generated. Obligation
. is discharged after 20th year.
Budget was reduced to $90,000
Remove excess budget beyond the
$90,000 currently being paid at $7,500
per month.
Review all travel, meeting, training and Staff has reviewed each division
education budget line items and reduce travel, meeting, training and
where possible. . education budget line items and
have reduced the budget line
items where possible (20-22.&
20-23 line items). Reductions
. totaled $14,100.
Fill using existing Fire Captain
position.
Council directed staffto increase
funding for books during next two
years to $80,000 and $60,000,
respectively.
Discussed in last paragraph on
page 2 above.
Discussed in the CIP section on
page 4 below.
ACENDA ITEM NO.
PACE "3
3S"
OF 7
REPORT TO CITY COUNCIL
JUNE 14, 2005
PAGE 4
u
LLMD Operatin!! Budl!et
. :;
No changes,were made,to,the,LLMD budget from what was presented at the May
19,2005 study session. At the last study session Council inquired about the use of,
LLMD funds for vintage street lights along Lakeshore. Staff has verified that
LLMD funds can be used for this capital projecL The Lakeshore Vintage street
lighting project is listed on the unfounded Ilst and will be brought back to City
Council when Engineering has prepared full cost estimates and other funding is
identified. . . " .
CIP Bud!!et
There were only two projects that were changyd and one project added since the
May 19,2005 budget study session. First, project GENC0008, StreetLight.
InsralIation on Samuel Avenue for $30,OQO was added. . Secondly, the project STR-. U
0015, Machado PavementOveriay-Lincoln to Grand cost,fUnded with TIF was
reduced to $410;000. Lastly, project GEN-OOOI, Annual Library Books,& Materials
Purchase has been modified to increase the funding from $40,000 to $80,000 and
$60,000 for the next two years as requested by Council at the last study session.
, '; . . : .
FISCAL IMPACT
,t. .
FY 2005~06 '
General Fund
.' LLMD.
.RDA'
CIP
. . Revenue
. , $ 26,736,300
1,303,300
16,040,000
9.349.068
Expimditures . .
26,199,100
1,303,300
15,119,852
9.349.068
$ 53.428.668 51.971.320
,t,
U
AGENDA ITEM NO. . ~
PACE If OF "1
(\
. REPORT TO CITY COUNCIL
JUNE 14, 2005 .
PAGES
. "
RECOMMENDATION
Staff recommends that City Council adopt the proposed General Fund and LLMD
Operating Budget for the fiscal year 2005c06 and the 5 year CIP budget for fiscal
years 2005-06 through 2009-19. ". ...... . .' . '.
PREPARED BY:
APPROVED FOR
(\ AGENDA BY:
n
~~~~
MATTN.PRESSEY t:/; ,.
DIRECTOR OF ADMINISTRATIVE SERVICES
CIT
.,
1.-'
,.
ACENDA ITEM NO. 3s:
PAOE ~ OF 7
-
m
-
~
1-\
~
Craig E. Anthony
Fire Chief
Proudly serving the
unincorporated
areas of Riverside
County and the
Cities of:
Banning
.:.
Beaumont
.:.
CaHmesa
.:.
Canyon Lake
.:.
Coachella
.:.
. Desert Hot Springs
.:.
Indian Wells
.:.
India
.:.
Lake Elsinore
.:.
La Quinta
.:.
Moreno Valley
.:.
Palm Desert
.:.
Perris
.:.
Rancho Mirage
.:.
San Jacinto
.:.
TemecuJa
Board of Supervisors
Bob Buster,
District!
John Tavaglione.
District 2
Jeff Stone,
District 3
Roy Wilson,
District 4
Marion Ashley,
District 5
RIVERSIDE COUNTY
FIRE DEPARTMENT
u
210 West San Jacinto Avenue. Perris. California 92570 . (951) 940-6900 . Fax (951) 940-6910
Matt Pressey,
Finance Director
This letter is a follow up on the request for a s.econd Battaiion Chief position for Lake
Elsinore. With the rapid growth and addition of a new fire stations and personnel, I feel .
it is imperative that the infrastructure continues to grow as well. For example, the City
ofTemecula has two dedicated Battalion Chiefs, a Battalion Chief Fire Marshall and a
Fire Captain Specialist for four City stations.
As you know, with my position being "State" funded, the poteritial for being sent to
various incidents throughout the state are greatly increased. A second Battalion Chief
would provide the necessary leade~ship and direction the city needs in my absence. I
know in the past we have been able to provide a Fire Captain to stand in during some of
my absences, but this has been only a temporary fix since the rank of Fire captain is the
same as the station managers and cannot act as there supervisor.
I would also like to add, the difference between a top step Battalion Chief and a top
step Fire Captain Paramedic is $31;456.00 a year. In my opinion, that is a relatively
small differential for someone that can make critical decisions without waiting for there
Battalion Chief to return which could be critical for matters such as, special events,
personnel hires, City functions, planning issues, etc.
u
Steve Gallegos,
Battalion Chief
Lake Elsinore
u
AGENDA ITEM NO.
PAGE (p
?G
OF -,
('
-
u
.;:;
-
III
i5
1Il
U
c
1Ill!~
~.!~U)
!:.5E8
en C'lJ ::l ~
.J::!!!Ul~
UJQQ)g
"I .5 .g N..~
Cl."
.J .. 1Il ~
LL ~ g'1ii
O"C;lU
> C l!.!!
t-nJQ)LL
i3..Jc.
'00
C
..
Cl
C
:;::
.c
Cl
::J
......
,
'" 'tl
g 3: i
N 0 ~'
ill c. "
oem
~ 11.
B~
iU
...
g ra
!::! "
S ~
<>
N
M
g'iii
~ "
o ~
<>
N
N
g'iii
!::! "
~ ~
<>
N
,
000
000
q~o~ '
..........0;
"{
~
8 U';
o . C\I~ '
~ ;::
"{
~
ml"--v-.:t
O)(OC")co
VOf'-.,t-
to ~cio>
N....
'"
I
...'"
"''''
0> ~
c5
~
'" "'N
'" ~....
... ' 0
ci L6
~ '"
~
.
.l!l
'" c
~ ~
.iJ '"
'6(1')$(1)
c OJ c Q)
Q) c: co IIJ
0.-- E U)
xE(/}<
W m U) m
.,g'!W 0)"13
.o-(/)m
!)l Iii .:2 c.
Q)E(ij~
Ei 1ii.o >-
~ ~I.~ ...:
a::.ECI)a..
0000
o 0
",,"0000
(0(000
::::s I I , ,
igg~~
>C")C")(")C")
..
a:
"'0
~'"
'"
N
'"
~,
~
U';lll
....,N
:;:
"{
~
o
o
'"
.;
o
"',
~
0000
0000
0-.:1'''"'0
iO"':C\i,..:
N '"
'"
U';
N
.;
0>
"{
~
00 0
00 0
OCO'D
It) ci
N ;S;
...
'"
o
r-:
o
....
('t) 0 ro C")
("')ooco
.....Nm('t)
oi...:....:cti
'"
N
....
"'
.;
0>
~
~
N
'"
0'
c5
~
<2i
'0
.n,
o
'"
'"
U';
.n
....
~
o
'"
0'
ai
N
....
'"
, ~
r-:
;;;
o
;;
N
""
N,
~
'"
N'
m
'"
ON
"''''
M~
m
0>
N
.
000
000
'000
","":a5
"'''''
, 00
00
I 00 I
.nt6
"''''
"'''''''
"'O>N
'(0"'1.0
o:itO<ri
~N
<O.....lt)C"')
co.....vco
10.....'<:1"("')
N"":c>>cO
""N
.....COC\lO
""N~'"
LON..--CO
g~~,...:
""00_....
00>0>1.0
cnr--MO
r'i..,ja5a5
~'"
o
o
~
en
0000000
0000000
O....r.....LOOLO.....
Oc:ONOC":lN
.....MO).....O
~"" ~
o
o
~
en
g ;1)gggg
0'1"--00(0..-
ci "":mL6"":
~ '" 0>
'"
0>
N
'"
if,
OCOv......NvC"')
.....C\I.....0t--vlO
C\I(,,)MI"--OO
Ll'i..ocOlfiN'
~'" '"
~N
'"
'"
""
r-:
'"
LO.....r.nr---mlOt--
~~~ffi;:K~~
lfiooN"mL6N"":
N ~
... ~
....
'"
'"
r-:
0>
C\Icocot-coO).....
ro..;tC1.lr--.................
I"--mo10..... lOC\I
....:~o)t....:
'" ~
'"
r:.
en
l.OCOLOI"--COCOCO
ro~~;g~d5a;
..,j"":cDmoo"":
_ 0> 0
.... -
en
Cl
CJ)cr) en u) 500
11.0 0 0 00
I~ ~ ~ ~~
~o:: 0:: a:: ......u..
Q;~~ Q;~ ~ g;:~
C:~b C:b b C:ClO
~~~ ~~ ~ wo~ CJ)
u.. I.L. a::a::. a:: ~
~~~ ~~ ~ ~~Q ~ m
t-zw ~w w ~~w > ~
~o~ z~ w ~ z~~ www
~ i= '^ u <( '. u z . <( w . u (J) Z (J)
~<w- ~~_o ~ ~a:~_~oa:
'Uw~ 'w~x - ~~X~
~-~~ ~~~OI1.IIl ~ ~~~~w~m
5m~oO ~o 0 5zo0~w~
O~~~ o~~m ~ o<(~~<mw
w~~w w~w~ ~&W~~W~~~
~wo~ ~o~~ og~~o~~~m
~~NN ~NNN N~~~NNNNN
0000 0000 ocoo06666
~~~~ ~~~~ ~s~~~~~~~
~~~~ ID~~~ NCNNNNNNN
-MMMM MMMMa~-~~~~~~~
c~~~~~~~~~C~~~~~~~~~
~MMMM~~VVV-N: ~~ ~~~
~~NNNNmNNNNEMeMMMMMMM
e~;;;;~;;;;i;..;;;~;;;
a_oooouoooo~o~ooooooo
_~MMMM~MMMM M MMMMMMM
~~~~~~~~~~~&~~~~~~~~~
i-= t! f ~
Q.C/) ~ ~..J
><
III
Q)
::l
C
Q)
>
Q)
a:
rn
;r:;
o
o
'"
.;
o
'"
~
U';
N
.;
0>
"{
~
..-
...
'"
r-:
'"
'"
N
'"
'"
.n
'"
o.
~
....
'"
0>
N
'"
"{
-
'"
o
0>
ai
""
"",
~
~
.iJ
'6
c
Q)
o.
><
"
rn
'5
~
iil
::l
C
~ '"
Q) e
~ ::l
- ~
o~
~~
co.
.~ ~
,,-
'" ~
Q) Q)
-0-0
_c
00 "
",-
1l Ii;
~l;
....
'"
'"
if,
N
....
l8
if,
N
....
l8
if,
N
lO
'"
if,
N
~~
fil
~
'"
'"
'"
r-:
'"
~
N ....
o '"
o '"
~ if,
~ N
~
~
N '"
8 (0
,..: 0)
N '"
~
'" N
0> 0
'" 0
ri ,..:
'" N
'" ~
.
~
..
"
,.,
-
o ~
'" ..
c ~
C
c '5
os. ~
.. C
.0 "
10 10
.. ..
.. "
" "
Jiif-Jii
.. Ii
.of--.o
'tl 'tl
5~5
IL IL
ACENDA ITEM NO. 3S
PACE '7 OF I
,;.
I ~ _
"
u
"
;.
u
,-,.
"
. ~
L..,
'-u