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Home My WebLink About09/27/2005 CC ReportsCITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT E. "BOB" MAGEE, MAYOR ROBERT L. SCHIFFNER, MAYOR PRO TEM THOMAS BUCKLEY, COUNCILMAN DARYL HICKMAN, COUNCILMAN GENIE KELLEY, COUNCILWOMAN ROBERT A. BRADY, a ry MANAGER W W W.LAKE- ELSINORE.ORG (951) 674 -3124 PHONE (951) 674 -2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 iek:F *kde nF k�F k *kaF of �F ak dekie �F aF :F de k�F aY kaF d: k *k *kaF *knF aFk *kie �F �c*k:Fk *kJexaF nk kaF :F *�Fk TUESDAY, SEPTEMBER 27, 2005 — 7:00 P.M. If you are attending this City Council Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the! impact of meetings on the Downtown Business District. Thank you for your cooperation! CALL TO ORDER ROLL CALL CLOSED SESSION a. PUBLIC EMPLOYEE APPOINTMENT (Gov't Code §54957) Title: City Clerk b. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code §54956.9: (1 potential case). C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't;Code §54956.8) Property: A.P.N. 363-020-011 Negotiating parties: South Shore Properties, LLC and the City of Lake Elsinore Under negotiation: price and terms of payment Page Two — City Council Agenda — September 27, 2005 PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER PRESENTATIONS /CEREMONIALS A. Proclamation — Constitution Day B. Proclamation — Jack Martin, Ink Sanity C, Presentation to Historical Society Representative PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) PUBLIC COMMENTS — AGENDIZED ITEMS.— 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Mayor will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item.) Warrant List — September 15, 2005. RECOMMENDATION: Ratify. Page Three',- City Council Agenda — September 27, 2005 2. Approval of Final Maps 30493 and 30493 -4, 5, 6, 7 & 8. RECOMMENDATION: Approve the final map, subject to the City Engineer's acceptance as being true and correct and accept all dedications at time of recordation. Authorize the City Clerk to sign the map and arrange for the recordation. 3. Approval of Final Map 29996. RECOMMENDATION: Approve the final map, subject to the City Engineer's acceptance as being true and correct and accept all dedications at time of recordation. Authorize the City Clerk to sign the map and arrange for the recordation. 4. Request for no parking at mail box. RECOMMENDATION: Adopt Resolution No. 2005 -144, prohibiting parking between 15154 and 15156 Etienne Street. Resolution of Intention to establish Community Facilities District No. 2004 -2 (Viscaya) and Resolution of Intention to incur Bonded Indebtedness. RECOMMENDATION: Adopt Resolution of Intention 2005 - 145 to establish CFD 2004 -2 (Viscaya). Adopt Resolution No. 2005 -146 to incur Bonded Indebtedness. Schedule the public hearing on the District Formation for November 8, 2005. Page Four — City Council Agenda — September 27, 2005 N 7 Purchase of a Pickup Truck. RECOMMENDATION: Authorize $16,699.23 for the purchase of one full size Pickup Truck. Request for Alcohol Approval /Waiver of Fees. RECOMMENDATION Tourism update. RECOMMENDATION Approve the request by the Lake Elsinore Rotary Club for the sale and consumption of alcohol in City Park on October 22, 2005. City Council to consider the request by the Lake Elsinore Rotary Club to waive the $200 Processing Fee and $40 Electrical Fee for their Chili Cook - Off on October 22, 2005. Receive and file as an informational item. 9. Authorization to prepare CEQA compliance documents for Residential Design Review No. R- 2005 -12 and LEAP 2005 -11 for Broadstone's Rivers Edge Apartment Complex (Classic Pacific). RECOMMENDATION Authorize the City Manager to approve an agreement with Mooney, Jones and Stokes to prepare the CEQA compliance documents for Residential Design Review No. R- 2005-12 and LEAP 2005 -11 in the amount of $44,635. i Page Five —'City Council Agenda — September 27, 2005 10. Authorization to prepare CEQA compliance documents and one (1) "Public Outreach" meeting for Annexation No. 74, the annexation of forty-five (45) parcels of "Island" area located within the County of Riverside. RECOMMENDATION: Authorize the City Manager to approve an agreement with HDR Engineering, Inc. to prepare the CEQA compliance documents and the Public Outreach Meeting for Annexation No. 74 in the amount of $53,854. PUBLIC HARING None. BUSINESS ITEMS 31. Second Reading — Ordinance 1161 - Approving Specific Plan No. 2004 -01. RECOMMENDATION: Adopt Ordinance No. 1161, upon second reading by title only. 32. Second Reading — Ordinance 1162 — Authorizing the levy of a special tax within Annexation Area No. 13. RECOMMENDATION: Adopt Ordinance No. 1162, upon second reading by title only. 33. Second Reading — Ordinance 1163 — Authorizing the levy of a services special tax and a special tax. Page Six — City Council Agenda — September 27, 2005 RECOMMENDATION: Adopt Ordinance No. 1163, upon second reading by title only. 34. Second Reading — Ordinance 1164 — Authorizing the levy of a special tax. 35 36. 37 RECOMMENDATION Renaming of City Parks. RECOMMENDATION Streets Maintenance Contracts. RECOMMENDATION Adopt Ordinance No. 1164, upon second reading by title only. Mayor and City Council consider renaming City Park to Mayhall Park. Authorize City Manger to renew for one year, the six street maintenance contracts. Legal Services Agreement — City Attorney. RECOMMENDATION: City Council considers the requested fee increase and, if approved, authorize the City Manager to execute Legal Services Agreement. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting) CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS Page Seven'— City Council Agenda- September 27, 2005 SEPTEMBER 15:.2005 CITY' ®]F LAKE ELSIN®RE FUND# FUND DESCRIPTION : n" 100. GENERAL FUND WARRANT SUMMARY TOTAL $ 1 ,039,053.96 105 MISCELLANEOUS GENERAL PROJECT FUND 39,659.52 110 -. STATE GAS TAX FUND -117.85 142 . ' TRANSPORTATION /MEASURE A FUND 770.21 130 LIGHTING /LANDSCAPE MAINTENANCE FUND 58,598.48 204 SIGNAL C.I.P. FUND - 475.02 205 TRAFFIC IMPACT FEE FUND 21,519.15 221 PARK C.I.P. FUND 16,411.25 231 LIBRARY C.I.P. FUND 733.95 254 89 -1 RAILROAD CANYON IMPROVEMENT FUND 4,940.45 360 A.D. 93 -1 DEBT SERVICE FUND 3,520.00, 362 C.F.D. 95 -1 (1996 -E) DEBT SERVICE FUND 85,856.50 363 C.F.D. 88 -3 (1111997 -A) DEBT 'SERVICE FUND 1,500.00 364. C.F.D. 88 -3 (1111997-B) DEBT SERVICE FUND - 1,500.00 369 C.F.D. 2004 -3 ROSETTA CANYON DEBT SERVICE FUND 50,000.00 373 C.F.D. 2005 -5 WASSON CANYON DEBT SERVICE FUND 57.75 605- PUBLIC IMPROVEMENT TRUST FUND 395.44 606 MOBILE SERVICE AIR POLLUTION FUND 3,318.56 620 COST RECOVERY SYSTEM 4,804.06 GRAND TOTAL $ - 1;323,232.15' 9 /20 /2005 WARRANT 091505 - 1 oft,,. _ AGENDA ITEM NO. PAGE—/,- OF -_ - SEPTEMBER 15, 2005 CITY OF LAKE ELSINORE ` WARRANT -LIST CHECK# VENDOR NAME ' ". AMOUNT 82929 VAN BARCOM, LEIBOLD, MCCLENDON & MANN 32,231.13 83095 CALIFORNIA P.E.R.S. 3,441.38 83096 CALIFORNIA P.E.R.S 63,585.49 83097 CYNTHIA BLOOD - WILSON 235.25 83098 CASH (FOR CASHIERS CHECK PAYABLE TO OLYMPIC BOAT CENTER) 6,944.44 83099 THE MARK FISCHER COMPANY 2,879.00 83100 CALIFORNIA P.E.R.S. 33,963.62 83102 `v` . - ALTURA CREDIT UNION f,D'I 3.UU 925.00 83103 LUINA-LOCAL 777 649.00 83104 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 525.00 ' 83105 STATE COMPENSATION INSURANCE FUND 20,631.47 83106 PRE -PAID LEGAL SERVICES, INC. - 171.35 83107 V.S.P VISION SERVICE PLAN 1,339.94 83108 FORTIS BENEFITS 8,312.05 83109 STANDARD INSURANCE COMPANY 302.49 83110 STANDARD INSURANCE COMPANY 1,843.90 001I4 vvv -i 0.00 83113 -83114 A & A JANITORIAL SERVICE 2,488.75 83115 ACCENT INDUSTRIES, INC. 7,765.00 83116 ACTION PARK ALLIANCE, INC. 4,166.00 83117 ERICA ANDERSEN 360.00 83118 ANIMAL FRIENDS OF THE VALLEY 7,500 00 83119. APPLE ONE EMPLOYMENT SERVICES 5,689.62 83120 - AQUATIC SAFETY RESEARCH GROUP, L.L.C. 8,000 00 83121 ARAMARK 162.59 , 83122 ARTISAN GOLDSMITHS & AWARDS 127.28 (`.✓) 83123 BANK OF AMERICA (0619) CITY MANAGER'S OFFICE & COMMUNITY DEV. DEPT. 1,531.89 83124 BANK OF AMERICA (6673) LAKE &AQUATIC RESOURCES 428.49 83125 BANK OF AMERICA (6707) ADMINISTRATIVE SERVICES R HI IMAN RFSnI IRr.FC 1 0a7 l i 83126 BANK OF AMERICA (8314) COMMUNITY SERVICES 1,123.70 83127 BANK OF NEW YORK TRUST COMPANY- N o 090 nn 83131 C.R. GANN DEMOLITION, INC. 4,240.00 83132 STATE OF CALIFORNIA, DEPARTMENT OF JUSTICE 105.00 83133 JOHN CARLSON nw n 83141 D -N -A FLOORING 4,162.00 83142 DO IT CENTER 14.49 K. JNS COMMERCIAL F '3145 DRESCO REPRODU( '3146 -83149 ELSINORE VALLEY 6 '3150 E.S. BABCOCK & SO 3151 ELSINORE ELECTRI( 9/2012005 WARRANT 091505' ' 1 OF3" 1,081.20 4,719.57 130.04 21,141.26 600.00 `54.89 AGENDA ITEM NO. 1 PAGE nZ ' OF y SEPTEMBER 15,12005 CITY OF I,AKF `E� j��][� : WARRANT LIST CHECK# VENDOR'NAME AMOUNT 83152 -83154 ELSINORE PIONEER LUMBER CO. 1,841.03 83155 "" ELSINORE VALLEY SELF STORAGE 77.00 -" 83156 '' EXCEL LANDSCAPE, INC. 14,998.00 - 83157 EXECUTIVE EVENT SERVICES, L.L.C. 5,429.00 83158 FAIRFIELD RAMSGATE, L.P. 13,518.85 83159 FED EX KINKUS " 1,029.02 83160 " FEDERAL EXPRESS CORPORATION 66.17 83161 • GOLF VENTURES WEST 530.70 83162 -83164 GREENSCAPE LANDSCAPE, INC. 3,325.00 ' 83165 ARLINE GULBRANSEN - - 243.55 83166 HANDERY UNION SQUARE HOTEL 332.22 83167 HARRIS &ASSOCIATES, INC. 9,770.00 83168 HARTZOG & CRABILL, INC. 5,681.06 83169' IMPACT PROMOTIONAL PRODUCTS 2,369.28' 83170 INLAND.EMPIRE LOCK & KEY 74.76 • ' 83171" DE JANDA 180.00 '= 83172 - JEFF HAUSER MOBILE WELDING 120:00 '•- 83173 JEHN ENGINEERING 13,875.00% 83174 `" JOBS AVAILABLE, INC. 448.80 - 63175• • STEVE KARVELOT - - - = - - '' 105.00- 83176 MITCH KROLL 37.68 `- 83177 THE L.I.U. OF N.A. NATIONAL RE NSION FUND 2,193.75 83178' LAKE AIR COMPANY 7,241.00 83179 `. LAKE CHEVROLET 14.37 - 83180 LAKE ELSINORE FLORIST & GIFTS 337.20 �\ 83118t' ,. LAKE ELSINORE VALLEY CHAMBER OF COMMERCE' 12,500.00 `• i 83182 = LIBRARY SYSTEMS & SERVICES, L.L.C. 733.95 - 83183 - LUSK ELSINORE, INC. 624.08 -' 83184 CHARLES MACKEY JR. .___,.5,394.18 83185 MIKE & JULIE MARDOCK 526.00 83187 LINDA M. MILLER 4,015.00. 83188 MORROW PLUMBING, INC. 28.49 83189 MORROW PLUMBING, INC. 658,37 83190 "' NELSON PAVING, INC." "` " "" - 19;895.45" 83191: NOBLE CONSULTANTS, INC. 391510.02 83192 NORTH COUNTY TIMES 70.00 83193 PARDEE HOMES 200.00 83194 DENNIS A. PETERSEN D.O., INC. 500.00 83195 POWERLAND EQUIPMENT, INC. 267.65 83196 PREMIUM PALOMAR MT. SPRING WATER 256.50 THE PRESS 83198 MATT PRESSEY - 64.59 83200 QUILL CORPORATION 589.43 83201 QWEST COMMUNICATIONS BUSINESS SERVICES 1,429.83 83202 RANCHO SPRINGS MEDICAL CENTER SAFE -T CENTER 10,000.00 83203 RIGHTWAY 2,033.18 83204 COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY 12,500.00 83205 COUNTY OF RIVERSIDE FIRE DEPARTMENT 444,407.22 83206 COUNTY OF RIVERSIDE SHERIFF CORRECTIONS ACCOUNTING 8,721.60 83207 COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH 1,008.00 83208 ROBBINS PEST MANAGEMENT. INC. 410.00 AGENDA ITEM NO, 9/2012005 WARRANT 091505 - 2 OF 3 PAGE 2''' -OF - . IWANTTr sErTEDER Is, Zoos k-11 Y ®F LASE ELSIN®IlkE ; , CHECK #. VENDOR NAME AMOUNT 83209 JESUS ROQUE 120.00 83210 SAFETY -KLEEN SERVICES, INC. 157.96 83211 SC ENGINEERING 781.92 83212 SIERRA PACIFIC ELECTRICAL 8,847.45 83213 KATHLEEN R. SMITH 281.25 83214.: DAVID S. SOLOMON 4,006.08 83215 SOUTHERN CALIFORNIA EDISON CO. 27,092.06 83216 SOUTHERN CALIFORNIA GAS CO. 780.86 . 83217 -83218 STAUFFER'S LAWN EQUIPMENT 948.19 83219 -, BOB STOVER, INC. 7,224.85 83220 WILLIAM OR JOANNA SUSKAW ICZ "; 30:00 83221. ; TEAM AUTOAID, INC. 338.42 83222 TEMECULA COPIERS 123.91 83223 TICOR TITLE COMPANY 300.00 83224 TURF STAR, INC. 1,462.14 83225.. UNION BANK OF CALIFORNIA CORPORATE TRUST DIVISION 92,376.50 83226 UNION TRIBUNE PUBLISHING CO. 233.30 83227 ., ,;! MANUEL VASQUEZ 27.50 83228 VERIZON CALIFORNIA, INC. 2,096.98 83229 VERIZON EQUIPMENT SALES & SERVICE 613.93 83230 .. DENNIS WAITE 37.70 ; 83231 " WEST COAST ARBORISTS, INC. 12,603.95 832321 ,' WEST COAST WINDOW CLEANING 450.00 83233, WEST GROUP PAYMENT CENTER 174.54- 83234 WESTERN BANK OF CHINOOK 2,607.49 83235 WESTERN HIGHWAY PRODUCTS, INC. 3,077.95 83236 ... WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 26,684.44: TOTAL $1,180,070.24 P/E DATE: 09/02/05 PAYROLL TAXES 41,196.15 09/02/05 PAYROLL CASH 102,447.98 GRAND TOTAL $1,323,714.37 AGENDA ITEM NO. 9/20/2005 WARRANT 091505 30F3- -, PAGE -7 OF y CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER . DATE: SEPTEMBER 27, 2005 SUBJECT: APPROVAL OF FINAL MAPS 30493 - and 30493- 4„5,6,7;& 8 j BACKGROUND At their regular meeting on November 23, 2004, Council approved Tentative Tract Map 30493:._ The additional maps referenced above are the different phases of the original tract map as shown on the vicinity map. This tract is a four hundred and one lot residential subdivision located north' of Canyon Hills Road and east of Cottonwood Canyon Road. The mylars of the original final tract map are available for review in the Clerk's office.' FINDINGS i 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. RECOMMENDATIONS 1. Approve the final map, subject to the City Engineer's acceptance as being true and correct and accept all dedications at time of recordation. 2. Authorize the City Clerk to sign the map and arrange for the recordation. PREPARED BY: Robert Moehling, CITY ENGINEERING APPROVED FOR AGENDA LISTING: CIT Y NC44A GE S OFFICE AGEWA ITEM NO. PAGE OF. a Q e tiz J � �l ~ J j i' O O W c1l) QZ kk U� d` tl�lj CL O Q� S O zpc y �cv)Qm p�MLL�lj �O ` j V -4 all a O to o (n CD f �4W o � i mho QY O m -�1 �o h A A/ a!ti d O� 9. h s% ol 'H CJ 'H CITY OF LAKE ELSINORE i REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM:, ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 27, 2005 I SUBJECT: APPROVAL OF FINAL MAP 29996 i i ' BACKGROUND At their regular meeting.on February 10,.2004, Council,approved,Tentative Parcel Map 29996. This is an eight lot map for industrial zoned uses. The project site is located on Pasadena Street, south of Collier Avenue;. between Central Avenue and Riverside Drive, while ,Hunco Way divides the parcels. FINDINGS Staff has reviewed the final map and; it conforms substantially to the tentative tract map and all Conditions of Approval required at the final map stage have been completed. FISCAL IMPACT . None. RECOMMENDATIONS 1.: Approve the final map, subject to the City Engineer's acceptance as being true and correct and accept all dedications at time of recordation. 2. Authorize the City Clerk to sign the -map and arrange for-recordation. PREPARED BY'. Bob Moehling, Interim City Engineer APPROVED FOR AGENDA BY: CITY MANAG 'S OFFICE AQENDA ITEM NO. 3 ame I ~ . z l nom' i n �x 8 LtlR "01 Z6SbdM 6➢Rf trflnml3t"n taNrp ewe axnmaa 3bIN6T3 l 133tus - �N:31:I6a`11D'J11NM ygyypgyp� AIIW F+ • 9666Z dVW 133NVd 3A11tl1N3 ' $ € ; s5 IV C i _ -85 3 `n g$n �S °ddd °R3timg' ee �w e,wyoo` "YEb� e mh i M mh a j 'Y CNM o VR w z ao W- G¢ I F W r 'ape.0 u. / Oar II I Y `a 9� a NO. q'T�G+ro OF _ 'G E 'I.J.RfSiF FFC EFJ.JT /lCilfM1'GRRG 10 6 Jf. i / I l nom' i CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 27, 2005 SUBJECT: REQUEST FOR NO PARKING. AT-MAIL BOX BACKGROUND From time to time, the City Council has approved several no parking zones in front of residential mail boxes where staff had received complaints regarding the- lack of mail delivery caused by cars parked in front of the mailboxes. Staff has again received a complaint regarding this problem. ;As in the.past, the mailbox is located close to the street curb and vehicles park in front of the mailboxes prohibiting mail delivery. The mail then has to be picked up at the post office. The area with this problem is located on Etienne Street between 15154 and 15156. DISCUSSION The California Vehicle Code recognizes red curb for no parking and no stopping, and white curb for depositing mail in an adjacent mailbox. The Lake Elsinore Municipal Code permits the City Council to designate No Parking Zones; the code is silent regarding mail delivery in no parking zones. As a general policy, staff is reluctant to install no parking in residential areas. Parking is seen as an amenity for residential areas. The uninterrupted delivery of mail is also a valued amenity. It appears appropriate to limit some parking in order for the mail to be delivered. The curb marking of no parking zones in front of mail boxes would be limited to the length of the box plus three feet on either side. The curb color will be red with white n letters stenciled on the top of the curb "No Parking -Mail Service." AGENDA ITEM No. PAGE I tW REQUEST FOR NO PARKING AT MAIL BOX SEPTEMBER 27, 2005 (� PAGE 2 FISCAL IMPACT The fiscal impact is approximately $100.00 RECOMMENDATION Approve the attached Resolution No. 2005M prohibiting parking between 15154 and 15156 Etienne Street in order that mail service not be affected by parking at certain locations. PREPARED BY: Chuck Mackey, City Traffic Engineer' APPROVED FOR AGENDA LISTING: City Manager's ice AGENDA ITEM NO. PJWE � OF.. 5 . RESOLUTION NO 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS WHEREAS, Section 10.40.010, of the Lake Elsinore Municipal Code provides for the establishment of No Parking Zones on certain streets by resolution of the City Council; and, WHEREAS, in certain residential areas vehicles park in front of mailboxes; and, WHEREAS, mail cannot be delivered when that parking occurs, and; WHEREAS, uninterrupted mail delivery is a valued residential amenity, and; WHEREAS, while parking is also an amenity, installing small areas of no parking is appropriate in order to provide uninterrupted mail service, and; WHEREAS, it has now been determined that the designation of No Parking —Mail Service zones are necessary; . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake Elsinore, hereby establishes certain No Parking —Mail Service Zones as follows: NAME OF STREET LOCATION OF NO PARKING — MAIL SERVICE ZONE Etienne Street Between 15154 and 15156Golden Sands Street. PASSED; AND ADOPTED THIS day of 2005 AGENDA ITEM NO...�L.m ��cw� RESOLUTION NO. 2005 NO PARKING ZONES ON CERTAIN STREETS SEPTEMBER 27, 2005 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: FREDERICK RAY, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY 1 AGENDA ITEM NO..e.,�,� DAM , IN CITY OF LAKE ELSINORE - - REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT "A. BRADY; CITY MANAGER,'. DATE: ' SEPTEMBER 27; 2005 SUBJECT: RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2004-2 (VISCAYA) AND RESOLUTION OF INTENTION TO INCUR ` BONDEDINDEBTEDNESS , BACKGROUND On March 9 2004, City Council approved the tentative tract maps for the Viscaya development. The City's finance team has met with the developer and their' financial consultants several times in the last two years to discuss the formation of a . Community Facilities District for the project.' ' nrcrrrecrnw , » The developer plans to build 168 `singke familyhomes. Special Tax x The average residential special tax is estimated at $2,301. The annual CFD tax amount, when combined with all other.property.taxes applicable,to,the project, is ; estimated to be approximately 1;+85 %0, which is within the 2 %. City CFD guidelines: _ r AGENDA ITEM NO 5 PAGE_L_OF 3 REPORT TO CITY COUNCIL SEPTEMBER 27, 2005 PAGE 2 Facilities The proposed facilities list is attached. The list totals, $4,407,72& The list contains City facilities of $325,000, City fees of $780,182, MSHCP fees of $277,368 and TUMF fees of $1,217,664. The list also includes $1,807,512 of EVMWD impact fees and improvements. Bond Issue In order to finance the facilities it is necessary to incur bonded indebtedness. The not to exceed amount is $7,000,000. FISCAL IMPACT The administrative cost to the City will be paid by the $80,000 deposit made by the developer._, Repayment of the bonds are secured by the special taxes levied on all property, within the district, other than those properties that are exempt as provided in the rate and method of apportionment. The City will, however, be faced with a long -term obligation, going forward to maintain the City public facilities constructed as part of the development. PROCESS The formation othhe 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 the formation 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 November 8, 2005. ...0J AGENDA ITEM NO._ 5- Q.✓ PAGE 1 �� n REPORT TO CITY COUNCIL SEPTEMBER 27, 2005 PAGE 3 RECOMMENDATION It is recommended that City Council: 1. Adopt Resolution of Intentions 2005 — t4S _ to Establish CFD 2004 — 2 (Viscaya) and 2005. — VAG to Incur Bonded Indebtedness 2. Schedule the public hearing on the District Formation for November, 8; 2005 PREPARED BY: MATT N. PRESSEY DIRECTOR OF AD INISTRATIVE SERVICES APPROVED FOR AGENDA BY• - CI AGENDA ITEM N0. ' PAGE�� OF David Taussig & Associates, Inc. PROPOSED COMMUNITY FACILITIES DISTRICT CITY OF LAKE ELSINORE (VISCAYA) BOND FINANCED FACILITIES SUMMARY 09/20/2005 ' t r` CfD Ehglblg" I �:JQj� Tonal F es , I tr I�F Fees PertJnit ` , (16 tSFDS),� T, a Available Bond Financed Facilities [1] NA $4,403,815 City of Lake Elsinore Fees,,. $13,543 $2,275,214 Library Fee _ $150 $25,200 a _ City Fire Protection Fee - $150 $25,200 Master Plan of Drainage - - - ' $650 $109,200 Park Fee $1,600 $268,800 Street Improvement Plan Check 121 $650 $109,200 Traffic Impact Fee -. $1,369 $229,992 Kangaroo Rat Fee ($500 Per Acre) /31 $75 $I2,590 Transporta6on Uniform Mitigation Fee $7,248 $1,217,664 Multiple Species Habitat Conservation Plan Fee_ $1,651 $277,368 City of Lake Elsinore Facilities NA $325,000 Traffic Signal Improvements - - NA $150,000 Lakeshore Drive Improvements NA $175,000 Elsinore Valley Municipal Water District Fees $10,759 $1,807,512 Water Connection Fee [41 - $5,904 $991,872 Sewer ConnectionFee - $4,855 $815,640 Total Fees and Facilities t $24,302 $4,407,726 Bond Financed Facilities Surplus/(Shortfall) NA ($3,911) [1 ] Based on tax spread 16 utilizing a 1.85% Total E.T.R. and a 6.0% average coupon. [2] Assumes City of Lake Elsinore will not be constructing improvements. [3] Based on 25.18 gross. acres. [4] Based on discussions with EVMWD and necessity for a 3/4 inch line. KACLIENTS2 \CLC\LAKE ELSINORE\BUDGEnBUDGET092005.123 S AGENDA (TEM NO--4 - �OF � WE O O M b O m i �p i h "_� 'fA : . �. f9' � fA . fA f9 f9 fA .'• Vi Vi f9 •f9 (A _, � e '- � m a� m N .r ✓..- tN+l M N� � U ° O a yo o r�or goo N �n o o �n vi N 4 a $ rJti e0 N.Gm�OMzQi.N N,b N� N� -N¢ V O� M �y d � S U " t + u u O R ro - Q -•� o o Yi 3 a o ro Q c°v `° .= O o ao a� EvzU ° c.a U °' F�,,. •�3J `D > ° GU E L1 •7-• Q ° r V� L' O T (� � Vl N N � .S CC y °. •N •U O VI ervo °0 3 33o U a3 4 4 Q U . $D 8Udw WwCRC 62? EVO _ U U ;, j j o P''k t 33p.9 o o: `o ••' ° r°., m E E E E v 3 $ ¢i �' 3 $ U U W W x° z° x z' m" z u v U V w t a a a AGENDA NO PAGE r OF -- RESOLUTION NO. 2005 -14 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004 -2 (VISCAYA) 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 community facilities district (the "CFD ") pursuant to the Mello -Roos Community Facilities Act 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 approved 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 construction of the Facilities (as defined below) or any coi4ination 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 boundaries 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 . on that certain map now on. file in the : office of the Clerk entitled "Proposed AGENDA ITEM N0._.-- �5--- 45658951.1 PAGE OFs�— Boundary of Community Facilities District, No:. 2004 -2 of the City of Lake Elsinore (Viscaya)," which map indicates by a Boundary line -the: extent of the territory included in the proposed community facilities district and shall govern for all details as to the extent of the CFD. Ori 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 of the County Recorder, County of Riverside, State of California: SECTION 2: The ;name of the proposed CFD shall be "City of Lake Elsinore Community-Facilities District No.-2004-2 (Viscaya). SECTION 3. ;; Except where, funds are otherwise_ , available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Services Special Tax "),sufficient to finance a portion. of the cost of providing parks, open space and storm drains maintenance services (the "Services ") that are .in addition to those. provided; in the territory within the . CFD prior to ,the formation of the, CFD and .do not supplant services already.. n available., within the territory proposed to,..be; included in the CFD, the costs of . administering the levy and collection of the. Services Special Tax an d all other ; costs _of the levy . of the Services Special Tax, including. any foreclosure proceedings, legal, fiscal, and financial consultant fees, election costs, and all other administrative costs ,of the tax levy. The -Services Special Tax,will be secured by recordation of a continuing lien against all reah,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: of the Act. SECTION 4. The facilities proposed to ,be financed by the CFD `are public infrastructure facilities and other governmental 'facilities with an estimated useful life of five years or longer, Which the CFD is'authorized by law, to construct, own or operate and-that are necessary to` meet increased, demands placed upon the City as. a result of development or rehabilitation occurring within the proposed CFD, including but not limited to City street and storm drain improvements, City n Capital Facilities Fees, EVMWD Water' and Sewer Capital Facilities Fees, and., related costs including designs, inspections, professional fees, annexation fees, 2 ACENDA ITEM N0. S PAGE__`?_0F connection fees and acquisition costs (the "Facilities" ). Such Facilities need not be ( 1 physically located within the CFD. �.✓ SECTION 5. Except where funds are otherwise available, it is the intention of the Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax ") sufficient to pay. for the costs of.. financing the; acquisition and/or construction, of the Facilities, including the principal of and interest on the bonds proposed to be issued to finance the Facilities and other periodic costs, the establishment and replenishment of reserve funds, the remarketing, credit enhancement and liquidity fees, the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax and issuance :of the bonds, including , any foreclosure proceedings, architectural, engineering, inspection, legal; fiscal, and financial consultant fees, discount fees, interest on bonds due and payable prior to the expiration of one year from the date of completion 'of facilities (but not to exceed two years), election costs and all costs of issuance of the bonds, including, but not limited to; fees for bond counsel, disclosure counsel, financing consultants and printing costs, and all other administrative costs of the tax levy and bond issue. The Special Tax will be secured by recordation of a continuing lien against all real'property in the CFD. In the first year in which such a Special' Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the CFD pursuant to Section 53314 of the Act and interest thereon. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit A attached hereto and by this reference incorporated herein. The Special .Tax' is based upon the cost of financing the Facilities in the CFD, the' demand that each parcel will place on the Facilities and the benefit (direct and/or indirect) received by each parcel from'th'e Facilities: The Special Tax is apportioned to each parcel on the foregoing basis' pursuant to Section 53325.3 of the Act. In the event that a portion of the property within the CFD shall become 'for any reason exempt; wholly or partially, from the levy of the Special Tax, the Council shall, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD .which is not delinquent or exempt, in order to yield the required payments, subject to the maximum tax. Under no circumstances, `however, shall ' the , Special Tax levied against any parcel, used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the CFD by more than 10 percent. Furthermore,, the maximum special tax authorized to be levied against' any :parcel used for private residential purposes shall not be increased over time in excess of 2 percent per year. prENDA ITEM NO.-------- --- __ _. _ 3 PAGE._. -OF,— SECTION.6. ,The Council hereby finds that the proposed Facilities are necessary to meet increased demands put up6n 'the City. as a "result of the new : development or rehabilitation within the proposed CFD: 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 Special, Tax shall be held on November 8, 2005, at 7:00 p.m., or as soon thereafter as practicable, at the chambers'-of the Council, 130 S. Main Street, Lake Elsinore, Califomia 92530. SECTION 8. At the time and place set forth above for the hearing, any interested person, including all persons owning Jands or registered to vote within the proposed CFD; may 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, if it 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 all incidental expenses, including the cost of planning and designing the Facilities to be financed pursuant to the. Act, including the cost of environmental evaluations of such facilities, all 'costs associated with the creation of the CFD," issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the CFD, and any other expenses incidental to the construction, completion and inspection of the authorized work to be paid through the proposed financing. 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 for any authorized purpose, including 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 purpose at the time of the election on the levy of the Services Special Tax and the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Services Special Tax and the Special Tax shall be approved by the qualified electors of the CFD. S AGENDA ITEM N0. �1 4 PACE _OF 3 L- . 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 contain information set forth in Section 53322 of the Act. Such publicati on 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 . tot each landowner within proposed CFD as shown on the last equalized assessment roll.. Said mailing shall be completed not less than fifteen (15) days prior to the date of the Hearing. SECTION,13. Pursuant 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 whi& 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 ai'par and credit to be given for the accrued interest shown thereby computed to', the date" of tender: , SECTION 14. The voting procedure with respect to -the establishment of the CFD and the imposition of the special tax shall be by hand delivered or mailed', ballot election: I PASSED, APPROVED AND ADOPTED this day of 2005. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:.,. ABSTAIN: COUNCILMEMBERS: i Robert E. Magee, Mayor City of Lake Elsinore . ATTEST: n Fredrick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore 6 AGENPA %�OF 3 STATE OF CALIFORNIA ( l COUNTY OF RNERSIDE ) SS: Q.0/ COUNTY OF RIVERSIDE ) I, FREDERICK RAY, DEPUTY 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: _ COUNCILMEMBERS: ABSTAIN: COUNCILMEMBER& FREDERICK RAY, DEPUTY CITY CLERK CITY OF LAKE ELSINORE (SEAL) AGENDA ITEM NO. 5 PAGE I7-- OF Q.�) L _. r .. _'; 'L �. _ - - -' _. _, ,.. ,_� , , .- ., . .. d _. f RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2004 -2 (VISCAYA) A Special Tax shall be levied on all Assessor's Parcels in City of Lake Elsinore Community Facilities District No. 2004 -2 (Viscaya) ( "CFD No. 2004 -2 ") and collected each Fiscal Year commencing in Fiscal Year 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. 2004 -2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "Act" means the Mello -Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2004 -2: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2004 -2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2004 -2 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2004 -2 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2004 -2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2004 -2 for any other administrative purposes of CFD No. 2004 -2, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County City of Lake Elsinore Community Facilities District No. 2004 -2 September 110005 S MnA I CIIII IBflpe I OF ( designating parcels by Assessor's - Parcel number. "Assigned Special Tax for Facilities" means-the Special Tax for Facilities for each Land Use Class of Developed Property, as determined in accordance with Section C. L(b) below. "Authorized Facilities" means those authorized improvements, as listed in an exhibit to the. Resolution of Formation. "Backup Special Tax for Facilities" means the Special Tax for Facilities applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C. L(c) below. , "Certificate of Occupancy" means a certificate issued by the City that authorizes the actual occupancy of a dwelling unit for habitation by one or more residents., "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special'Tax Requirement for Facilities, the Special Tax Requirement for Services as determined in accordance with Section I below, and providing for the levy and collection of the Special Taxes. "CFD No. 2004-211 means City of Lake Elsinore Community Facilities District No. 2004 -2 f (Viscaya). "CFD No. 2004 -2 Bonds" means any.bonds or other debt (as defined in Section 53317(d) of the Act); whether in one or more series, issued by CFD No. 2004 -2 and secured solely by the Special Tax for Facilities levy on property within the boundaries of CFD No. 2004 -2 under the Act. "City" means the City of Lake Elsinore. "Council" means the City Council of the City of Lake Elsinore, acting as 'the legislative body of CFD No. 2004 -2. "County the County of Riverside. "Developed Property" means, with respect to the Special Tax for Facilities, for each Fiscal Year; all. Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner • Association Property, for which the Final Subdivision was recorded on or before January 1 of the prior Fiscal Year and a building permit for new construction was issued on or before May 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax for Facilities is being levied. "Final, Subdivision" means (i) a final map, or portion thereof, approved by the City ( pursuant to the Subdivision Map-Act (California Government Code Section 6641'0 'et seq.) that creates individual, lots for :which building permits may be issued, or-'(ii) for City of Lake Elsinore �� J ,Community Facilities District No. 1004 -2 (Viscaya) Pate 1.. , condominiums, a final map, or portion thereof; approved by the City and•a condominium plan recorded pursuant to California Civil Code Section 1352 that creates individual lots for . which building permits may be issued. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2004 -2 Bonds are issued, as modified, amended and/or supplemented from time to time, and anydristrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. " Non - Residential Property" means all Assessor's Parcels of Developed Property for which a building permit permitting the construction of one or more non - residential units or facilities has been issued by the City. "Outstanding. Bonds" means all •CFD No. 2004 -2 Bonds which' are, deemed to be outstanding under the Indenture. ( 1 "Property Owner Association Property" means, for each Fiscal Year; anypropertywithin the boundaries of CID No. 2004 -2 that was owned by a property owner association, including any master or sub- association; as of January l of the prior Fiscal Year. "Proportionately" means for Developed Property that the ratio of the actual Special Tax for Facilities levy to the Assigned Special Tax for Facilities is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax for Facilities levy per Acre to the Maximum Special Tax for Facilities per Acre is equal for all Assessor's Parcels of Undeveloped Property. The term "Proportionately" may similarly be applied to other categories of Taxable Property as listed in Section D below. "Public Property ". means property within the boundaries of CID No. 2004 -2 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 ]eased by a public agency to a private entity,and subject to taxation tinder Section 53340.1 of the Act shall be taxed and classified according to its use. 1 "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 AVARWITW2W& Community Facilities District No. 2004 -2 (Viscaya) ,,,,,� PdML 9 yt. 1 Assessor's Parcel shall be made by reference to the building perfnit(s) issued for such Assessor's. Parcel. "Residential Property " means all Assessor's Parcels of Developed Property for which a building permit permitting the construction_thereon of one or more residential dwelling units has been issued by the City. . < "Resolution of Formation" means the resolution of formation for CFD No. 2004 -2. "Special Tax" means any of the special taxes lauthoiized to be levied by CFD No. 2004 -2 pursuant to the Act. "Special Tax for Facilities" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property; Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Propertyto fund the Special Tax Requirement for Facilities. "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No. 2004 -2 to: (i) pay' debt service on all Outstanding Bonds due in the calendar year commencing in such Fiscal Year; (ii) pay periodic costs on the CFD No. 2004 -2 Bonds, including but not limited to, credit enhancement and rebate payments on the CFD No. 2004 -2 Bonds.due in the calendar:year commencing in such Fiscal Year; (iii) pay a proportionate share of Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds, (v) pay for reasonably anticipated Special Tax for Facilities delinquencies based on the delinquency rate for the Special Tax for Facilities levy in the previous Fiscal Year; (vi) pay directly for acquisition or construction of Authorized Facilities to the extent that the inclusion of such amount does not increase the Special Tax for Facilities levy on Undeveloped Property; less'(Lii),a credit for funds available to reduce .the annual Special Tax for Facilitieslevy, as determined by the CFD Administrator pursuant to the Indenture. "State" means the State of California: "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2004 -2 which are not exempt from the Special Tax for Facilities pursuant to law or Section E below. . "Taxable Property Owner Association Property" means'all'Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section-E below. "Taxable Public Property" means all Assessor's Parcels of Public Property that are not exempt pursuant to Section E below. t "Trustee" means the trustee or fiscal agent under the Indenture. City of Lake Elsinore Community Facilities District No. 1004 -2 i September 10, 2005 Jr- NDA ITEM N%re 4 179 "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Q.d) 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. 2004 -2 shall be classified as Developed Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with this Rate and Method of Apportionment determined pursuant to Sections C and D below. Residential Property shall be assigned to Land Use Classes 1 through 4 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 5. With respect to Residential Property, the Residential Floor Area shall be determined from the most recent building permit issued prior to the issuance of a Certificate of Occupancy for such Assessor's Parcel. C. MAXIMUM SPECIAL TAX FOR FACILITIES Prior to the issuance of CFA No. 2004 -2 Bonds, the Assigned Special Tax for Facilities on Developed Property (set forth in Table 1), and the Backup Special Tax for Facilities attributable to, a Final Subdivision,, may be reduced in accordance with, and subject to the conditions set, forth in this paragraph. if it is, reasonably determined by the CFD ( 1 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 d 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 for Facilities on Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision, may be reduced to the amount necessary to satisfy the City's objective with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the,City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Exhibit "A ". Developed Propertv (a) Maximum Special Tax for Facilities The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax for Facilities or (ii) the amount derived by application of the Backup Special Tax for Facilities. City of Lake Elsinore , September 20, 2005 5— Community Facilities District No. 2004 -2 (Viscaya) AGENDA ITEM We 5 RE n (b) Assigned Special Tax for Facilities The Fiscal Year2005 -2006 Assigned "Special Tax for Facilities for each Land Use Class is shown below in Table 1: TABLEa Assigned Special Tax for Facilities for Developed Property Community Facilities District No. 2004 -2 . Fiscal Year 2005 -2006 1 Residential Property More than 2,349 sq. ft. 2 Residential Property 1',950 - 2,349 sq. ft. 3 Residential Property 1,550— 1,949,sq.,ft. 4 "' Residential Property Less than 1,550 sq. ft. 5 Non - Residential Property NA $2,608 per unit $2,396 per unit $2,185 per unit $2,016 per unit $247901 per Acre ..._City of Lake Elsinore ' - - ACIVQAITE�� 05 "Jr Community Facilities District No. 2004 -2 (Viscaya) - - (c) Backup Special Tax for Facilities;,' ' The Fiscal Year 2005 -2006 Backup Special Tax for Facilities attributable to a Final Subdivision will equal $26,210 multiplied by the Acreage of a11- Taxable Property, exclusive of any Taxable Property Owner Association Property and Taxable Public Property, therein. The Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed by dividing the Backup Special Tax for Facilities attributable to the applicable Final Subdivision by the number ofAssessor's Parcels for which building permits for residential construction have or may be issued (i.e., the number or residential lots). The Backup Special Tax for Facilities for each Assessor's Parcel of Non-Residential Property therein shall equal $26,210 multiplied by the Acreage of such Assessor's Parcel: If a Final Subdivision includes Assessor's Parcels of.Taxable Property for which building permits for both residential and non - residential construction maybe issued, exclusive of Taxable "Property Owner Association Property and Taxable Public Property, then the Backup Special Tax for Facilities for each Assessor's Parcel of Residential Property shall be computed exclusive of the Acreage and Assessor's Parcels of property for which building permits for non - residential construction may be issued. Notwithstanding the foregoing, if all or any portion of the Final Subdivision(s) described in the preceding paragraphs is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, and only if the CFD Administrator determines that such change or modification results in a decrease in the number of Assessor's Parcels of Taxable Property for which building permits for residential construction have or may be issued within such Final Subdivision, then the Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property that is part of the lot line adjustment or similar instrument for such Final Subdivision shall be a rate per Acre as calculated below. The Backup Special Tax for Facilities previously determined for an Assessor's Parcel of Developed Property that is not a part of the lot line adjustment or similar instrument for such Final Subdivision shall not be recalculated. 1. Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified portion of the Final Subdivision area prior to the change or modification. 2. The result of paragraph I above shall be divided by the Acreage of Taxable Property which is ultimately expected to exist in such changed or modified portion of the Final Subdivision area, as reasonably determined by the CFD Administrator. City of Lake Elsinore Community Facilities District No. 2004 -2 Jp 1i 3. ' The result of paragraph 2 above shall be the Backup Special Tax for Facilities per Acre which shall be applicable to Assessor's Parcels of Developed Property in such changed or modified portion of the Final Subdivision area for all remaining Fiscal Years in which the:Special Tax for Facilities may be levied: (d) Increase in the Assigned Special Tax for Facilities and Backup Special Tax for -Facilities The Fiscal Year 2005 -2006 Assigned Special Tax for Facilities, identified in Table 1 above, and Backup Special Tax for Facilities shall increase thereafter, commencing on July L 2006 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year: " (e) Multiple Land Use Classes In some instances an Assessor's Parcel'ofDeveloped Property may contain more than one Land Use Class. The Maximum Special ' Tax for Facilities levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax for Facilities for all Land Use Classes located on that Assessor's Parcel. The'CFD'Administrator's allocation to each type of property shall +be final 2.., .. Taxable Property Owner Association Property' Taxable Public Property, and Undeveloped Property The Fiscal Year 2005 -2006 Maximum Special Tax for Facilities for Taxable Property Owner Association Property, Taxable Public Property, and Undeveloped Property shall be $26,210 per Acre and 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 Maximum Special Tax for Facilities in effect for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES Commencing with Fiscal Year 2005 -2006 and for each'following Fiscal Year, the Council shall determine the Special Tax Requirement for Facilities and levy the Special Tax for Facilities until the amount of Special Tax for Facilities levy equals the Special Tax Requirement for Facilities. The Special Tax for Facilities shall be levied each Fiscal Year as follows: First: The Special Tax for Facilities shall be levied on each Assessor's Parcel of Developed Property in an amount equal to 100% of the applicable Assigned' Special Tax for Facilities; ^ Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities s } -after the first step has been completed, the Special Tax for Facilities shall'be �0� —� AGENDAI �q f PAGE 2-1 _ OF..� -Fa City of Lake Elsinore September 20, 2005 , Community Facilities District No. 2004 -2 (Viscaya) Page 8 Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special. Tax for Facilities for Undeveloped. Property; Third;, If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax for Facilities on each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is determined through the application of the Backup Special Tax for Facilities shall be increased in equal percentages from the Assigned Special Tax. for Facilities up to the Maximum Special Tax for Facilities for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first three . steps have been completed, then the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property and Taxable Public Property at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property or Taxable Public Property. Notwithstanding the above, the Council may, in any Fiscal Year, levy Proportionately less .than 100% of the Assigned Special :Tax for Facilities in step one (above), when (i) the Council is no longer required to levy the Special Tax for Facilities pursuant to steps two through four above in order to meet the Special Tax Requirement for Facilities; (ii) all authorized CFD No. 2004 -2 Bonds have already been issued or the Council has covenanted that it will not issue any additional CFD No. 2004 -2 Bonds (except refunding bonds) to be supported by the Special Tax for Facilities; and (iii) all Authorized Facilities have been Q,0/ constructed and/or acquired. Further notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against any Assessor's Parcel of Residential Property for which a Certificate of Occupancy has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No.- 2004 -2. E. EXEMPTIONS No Special Tax for Facilities shall be levied on up to 8.14 Acres of Property Owner Association Property and/or Public Property in CFD No. 2004 -2. Tax- exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. However, should -an Assessor's Parcel no longer be.classified as Property Owner Association Property.or Public Property, its tax- exempt status will be revoked. Property Owner Association Property or Public Property that is not exempt from Special Tax ,for Facilities under this section shall be subject to the levy of the Special Tax fonFacilities and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the Maximum Special Tax for Facilities for Taxable Property Owner Association Property, or Taxable Public Property. AGENDA ITEM N0. S City of Lake Elsinore • September 20, 2005 Community Facilities District No. 2004 -2 (Viscaya) - , _ , page 9 ( F. MANNER OF COLLECTION The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD.No 2004 72 may directly bill the Special Tax for Facilities; -may collect Special Taxes of a different time or in a different manner if necessary to meet its financial obligations; and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. G. PREPAYMENT. OF SPECIAL TAX FOR FACILITIES - " The following additional definitions apply to this Section, G: "Buildout" means,. for -:CFD -No. 2004 -2, that all "expected' building permits have been issued.. , "CFD Public Facilities" means either $4,404,000 in 2005 dollars, which shall increase by the Construction Inflation Index on July 1, 2006, and on each July I thereafter, or such lower number as (i) shall be determined by the CFD Administrator'as sufficient to provide the public facilities to be provided by CFD No. 2004 -2 under the authorized bonding program for CFD No. 2004 -2, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more CFD No. 2004 -2 Bonds (except refunding bonds) to be ( supported by the Special Tax for'- Facilities levy under this Rate and Method of Apportionment as described in Section D "above.' "Construction Inflation Index" means the annual percentage change in the Engineering News Record Building Cost Index, for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus (i) public facility. costs previously paid from the hnproyement Fund, (ii) moneys currently on deposit in the Improvement Fund, and (iii) moneys currently on deposit'in an escrow fimd 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 FiscalYear;`ali Outstanding Bonds that are deemed to be outstanding under the Indenture after the first interest and/or principal payment 5- date-following the current Fiscal Year. AGENDA ITEM N0: -- PAGE OF City.ojLake Elsinore September 20, 2005 Community Facilities District No. 2004 -2 (Viscaya) - - Page 10 _' 1. Prepayment in Full Only an Assessor's Parcel, of Developed Property, or Undeveloped Property for, which a building permit has been issued, may be prepaid. The obligation of the Assessor's Parcel to paythe Special Tax for.Facilities may be permanently satisfied as described herein, provided that a prepayment maybe made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel of the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall'provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel., The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of CFD No. 2004 -2 Bonds from the proceeds of such prepayment may be given by the Trustee pursuant to the Indenture, The .Special'Tax for Facilities Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount / plus Defeasance Amount `rJ plus Administrative Fees and Expenses less Reserve Fund Credit less., Capitalized Interest Credit Total: equals Special Tax for Facilities Prepayment Amount . ; As, of the proposed date of prepayment, the Special,Tax for Facilities Prepayment Amount shall be calculated as follows: r I I , Paragraph No.: 1. Confirm that no.Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax for Facilities and Backup Special .Tax . for Facilities. 'For Assessor's Parcels of Undeveloped Property for which a building permit has been issued, compute the Assigned Special Tax for Facilities and Backup Special Tax for Facilities for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax for Facilities computed pursuant to paragraph 2 by the total estimated Assigned Special Tax for Facilities for the entire CFD No. 2004 -2 based on the Developed Property Special Tax for Facilities which could be City of Lake Elsinore September 20, 2005 s Community Facilities District No. 2004- 2(Viscaya) - AGENDAITM"QI levied in the current Fiscal -Year- on all expected development through Buildout of CFD No. 2004 -2; excluding'anyAssessor's Parcels which have beeiiprepaid, and (b) Divide the Backup Special Tax for Facilities computed pursuant to paragraph 2 by the -total estimated Backup Special'Tax for Facilities at Buildouffor the entire CFD No. 2004 -2; excluding any Assessor's Parcels which 'have been prepaid. 4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Previously Issued Bonds to compute'the amount of-Previously Issued Bonds to be ).retired and "prepaid (the "Bond Redemption Amount"). - 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium (e,g. ;'the "redemption price- 100 %), if any, on the Previously Issued Bond's to be redeemed (the "Redemption Premium "). 6. Compute the current Future Facilities Costs. 7. Multiply'the larger quotient computed' pursuant to paragraph 3(a)'or 3(b) by the amount determined pursuant to paragraph 6 to. compute the'amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount"). f 8:. Compute the amount needed to 'pay interest on the Bond Redemption Amount from the first bond interest 'and/or principal payment date following the current Fiscal Year until the earliest redemption'date for the Previously Issued Bonds. " 9: Determine the Special Tax -for Facilities levied on the Assessor's Parcel in the current Fiscal Year which has not yet been paid. 10 Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Special'Tax for Facilities Prepayment Amount less the Future Facilities Amount and the Adrnihistrati6eFees and Expenses (defined below) • from the date of prepayment until the 'redemption date for the Previously Issued Bonds to be redeemed with the prepayment. I I - ' I L! Add the amounts computed pursuant tto paragraphs 8'and 9 and'subtractthe amount computed pursuant to paragraph 10 (the "Defea`sance Amount '):' 1:.12. The administrative fees and expenses' of CFD -No: 2004 -2 are as calculated by the CFD Administrator and:include the costs of computation of the prepayment; the costs to invest the prepayment proceeds, the costs of redeeming CFD No.'2004 -2 Bonds, and the costs of recording any notices to evidence the prepayment an d the redemption (the "Administrative Fees and Expenses "). ( 13 The reserve fund credit (the "Reserve Fund Credit ") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture) 'if any, City of Lake Elsinore September 20 2005 ' S Community Facilities District No. 2004 -2 ([ tseaya) AGENDA IT(�IQL_ associated, with the redemption of Previously Issued ,Bonds ;as .a result of the Q.6) prepayment, or (b), the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Previously Issued Bonds as a result of the prepayment from. the balance in the reserve fund on the prepayment date, but:in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amountthen.on deposit in the reserve fund for the Previously Issued Bonds is below 100% of the reserve requirement (as defined in the Indenture). 14. If any capitalized, interest for the Previously Issued Bonds will not have been expended as of t he, date .immediately following the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the. expected balance,in the capitalized interest fund or account under the ,Indenture after such first interest and/or principal payment (the, "Capitalized Interest Credit "). 15. The Special Tax for Facilities prepayment is equal to the sum of the amounts computed pursuant to paragraphs, 4, 5, 7, 11: and 12, less the +amounts computed pursuant :to., paragraphs 13;.and 14 (the "Special Tax for,Facilities Prepayment Amount").. From the Special Tax for Facilities Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5; 11, 13 and 14 shall be deposited into the appropriate fund as established `..f under the Indenture and be ,used to retire, CFD No. 2004-2, Bonds or make, debt service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Improvement Fund.. The amount computed•pursuant to ;paragraph 12 shall be retained by CFD No. 2004 -2. The Special,Tax for Facilities. Prepayment Amount may be, insufficient e to redeem a full $5,000 increment of CID No. 2004 -2 Bonds. In such cases; the increment above $5,000 or integral multiple thereof, will be retained in the appropriate fund established under the Indenture to be used with.the next prepayment of CFD No. 2004 -2 Bonds or:to make debt service payments. As a result of the,payment of the current Fiscal .Year's Special Tax for Facilities levy as determined under. paragraph 9 (above), the CID Administrator shall remove the current Fiscal Year's Special Tax for Facilities levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Couneffshall cause a suitable notice to be recorded incompliance with the, Act, to indicate the prepayment of the Special Tax for Facilities. and, the release,of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessors Parcel to pay the Special Tax for Facilities shall cease. r Notwithstanding the foregoing, no Special Tax for Facilities prepayment shall be allowed ,.unless, at the.time of such proposed prepayment, the amount of Maximum Special Tax for City of Lake Elsinore - S S Community Facilities District No. 2004- 2(Viscaya),,� ..L� age _ OF� 1 Facilities that may be levied on Taxable Property withiaCFD No. 2004 -2 (after excluding 8.14 Acres of Property Owner Association Property and/or Public Property in CFD No. 2004 -2 as set forth in Section E) both prior to and.after the proposed prepayment is at least equal to the sum of (i) the Administrative Expenses, as defined in Section A above, and (ii) 1.10 times maximum annual debt service, in each remaining Fiscal Year on the Outstanding Bonds. ; 2. Prepayment in Part The Special Tax for Facilities on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which -a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section G.1; except that a partial prepayment shall be calculated according to the following formula: A) x F] + A „ These terms have the following meaning: PP = the partial prepayment. PE = the Special Tax for Facilities Prepayment Amount calculated according to Section G.I. f R= . the percentage, expressed as a decimal, by which the.owner.of the Assessor's Parcel is, partially prepaying the Special Tax for Facilities. A= the Administrative Fees and Expenses calculated according to Section G.1. The owner of any Assessor's Parcel who desires such prepayment shall-notify the CFD Administrator of such owner's intent to partiallyprepay the Special Tax for Facilities and the percentage by which the Special Tax for Facilities shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessoi's Parcel that is partially prepaid, the Council shall (i) distribute the funds remitted to it according to Section G.1, and (ii) indicate in the records of CFD;No. 2004 -2, that there has been a partial prepayment of the Special Tax for Facilities and that a portion of the Special Tax for Facilities with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax for Facilities,. shall continue to be levied oil such Assessor's Parcel pursuant to Section D above. f AGENDA ITEM NO. 5 0AGE_.0._OF City of Lake Elsinore September 20, 2005." ' Community Facilities District No. 2004 -2 (Viscaya) - Page 14 H. TERM OF SPECIAL .TAX FOR FACILITIES The Special Tax for Facilities shall be levied for a period not to exceed forty years commencing with Fiscal Year 2005 -2006, provided however that the Special Tax for Facilities will .cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2004 -2 Bonds have been paid; (ii) all Authorized Facilities have been acquired and all reimbursements to the developer have been paid; and (iii) all other obligations of CFD 2004- 2 have been satisfied. L SPECIAL TAX FOR SERVICES The following: additional definitions apply to this Section I: "Developed Multifamily Unit" means a residential dwelling unit within a building in which each of the individual dwelling units has or shall have at least one common wall with another dwelling unit and a building permit has been issued by the City for such dwelling unit on or prior to May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Developed Single Family Unit" means a residential dwelling unit other than a Developed Multifamily Unit on an Assessor's Parcel for which a building permit has been issued by the City on or prior to.May 1 preceding the Fiscal Year in which the Special Tax for Services is being levied. "Maximum Special Tax for Services " .means the maximum Special Tax for Services that can be levied by CFD No. 2004 -2 in any Fiscal Year on any Assessor's Parcel. "Operating Fund" means a fund that shall be maintained for CFD No. 2004 -2 for any Fiscal Year tb pay for the actual costs of maintenance related to the Service Area, and the applicable Administrative Expenses. .. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Service Area" means parks, open space, and storm drains. "Special Tax for Services" means any of the special taxes authorized to be levied within CFD No. 2004 -2 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means the amount determined in any Fiscal Year for CFD No. 2004 -2 equal to (i) the budgeted costs directly related to the Service Area, including maintenance, repair and replacement of certain components of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) pay a proportionate share of Administrative City of Lake Elsinore September 20; 2005 Community Facilities District No. 2004 -2 (Viscaya) AGENDA 1W* PA _ 1 l Expenses, and (iii) anticipated Special Tax for Services delinquencies based on the delinquency rate for the Special Tax for Services levy in CFD No. 2004 -2 for the previous Fiscal Year, less (iv) the Operating Fund Balance, as determined by the CFD Administrator. 1. Rate and Method of Apportionment of the Special Tax for Services Commencing with Fiscal Year 2005 -2006 and for each subsequent Fiscal Year, the Council shall levy the Special Tax for Services on (i) all Assessor's Parcels containing a Developed Single Family Unit or Developed Multifamily Unit and (ii) all Assessor's Parcels of Non - Residential Property, up to the applicable Maximum Special Tax for Services to fund the Special Tax Requirement for Services. The Maximum Special Tax for Services for Fiscal Year 2005 -2006 shall be $242 per Developed Single Family Unit, $121 per Developed Multifamily Unit, and $545 per Acre for each Assessor's Parcel of Non - Residential Property. On each July 1, commencing July 1, 2006, the Maximum Special Tax for Services shall be increased by two percent (2.00 %) of the amount in effect in the prior Fiscal Year. 2. Duration of the Special Tax for Services f The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement for Services, unless no longer required as determined at the sole discretion of the Council. 3. Collection of the Special Tax for Services The Special Tax for Services shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2004 -2 may collect the Special Tax for Services at a different time or in a different manner if necessary to meet its funding requirements. J. APPEALS AND INTERPRETATIONS Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may submit.a written appeal to CFD No. 2004 -2. The CFD Administrator shall review the appeal and if the CFD Administrator concurs, the amount of the Special Tax levied shall be appropriately modified. The Council may interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. _ (� `J K. IClientsllCLClLake ElsinorelRMAIE(sinare_4.1 AGENDA ITEM N0. Revised- 9111105 PAGEOF . City of Lake Elsinore `' September 20,1005 Community Facilities District No. 2004 -2 (Viscaya) Page 16 f CITY OF LAKE ELSINORE AND CFD No. 2004 -2 CERTIFICATE 1. Pursuant to Section C of the Rate and Method of Apportionment, the City of Lake Elsinore ( "City") and City of Lake Elsinore Community Facilities District No. 2004 -2 ( "CFD No. 2004- 2 ") hereby agree to a reduction in the Assigned Special Tax for Facilities for Developed Property, and the Backup Special Tax for Facilities attributable to a Final Subdivision within CFD No. 2004 -2: (a) The information in Table 1 relating to the Assigned Special Tax for Facilities for Developed Property within CFD No. 2004 -2 shall be modified as follows: 1 Residential Property More than 2,349 sq. ft. $_ per unit., 2 Residential'Property 1,950 — 2,349 sq, ft. $ per unit 3 - Residential Property 1,550 —1,949 sq,. ft. $ per unit Residential Property Less than 1,550 sq. ft. $ per unit 5 Non - Residential Property, NA ._ $_perAcre (b) The Backup Special Tax for Facilities attributable to a Final- Subdivision within CFD No. 2004 -2, as stated in Section C. L(c), shall be reduced from $26,210 per Acre to $ per Acre. 2. 'The Special Tax for Facilities may only be modified prior to the first issuance of CFD No. 2004-, 2 Bonds.. 3.1 Upon execution of the Certificate by the City and CFD No. 2004 -2, .the City shall cause an amended notice of Special Tax lien for CFD No. 2004 -2 to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City and CFD No. 2004 -2, receipt of this Certificate and modification of the Rate and Method of Apportionment as set forth in this Certificate. CITY OF LAKE ELSINORE CFD Administrator Date: 1 COMMUNITY FACILITIES DISTRICTS NO 2004 -2 OF THE CITY OF LAKE ELSINORE By: ' I I I Date: AGENDA ITEM N0. 5 PAGE OF - RESOLUTION NO. 2005-146 RESOLUTION; OF. INTENTION OF THE CITY COUNCIL OF .THE CITY OF LAKE ELSINORE TO INCUR -BONDED INDEBTEDNESS - IN, THE AMOUNT NOT TO EXCEED $7;0009000 `WITHIN THE PROPOSED 'CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004 -2 ,(VISCAYA) WHEREAS, the City Council (the "Council ") of the City of Lake Elsinore (the "City") has heretofore adopted Resolution No. 2005- , stating the Council's intention to form Community Facilities District No. 2004 -2 (Viscaya) (the "CFD "), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the' "Act "), to finance`. the purchase, . construction, expansion or, rehabilitation of certain real- and other'tangible property with an estimated useful life of five years or longer, including public . infrastructure facilities and other governmental facilities;, which are necessary to meet-increased demands placed upon the City as a_ result of_ development or rehabilitation occurring within the proposed CFD (the "Facilities "); and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness in the amounts not to -exceed $7;000,000; the, repayment of which is to be secured by special taxes levied in accordance with Section 53340 et seq. of the Act on all property within the CFD, other than those properties exempted from taxation as' provided in the 'respective rate and method of apportionment attached as Exhibit A to Resolution No. 2005- ; NOW, THEREFORE,. THE. CITY COUNCIL OF THE CITY, OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION L The above recitals are true and correct. SECTION 2. It is necessary to incur bonded indebtedness within the proposed CFD in the amounts not to exceed $7,000,000 to finance the costs of the Facilities. SECTION 3. The indebtedness will be incurred for the purpose of financing the costs of designing, constructing and acquiring the Facilities, the acquisition of necessary equipment and property, therefor and fulfilling contractual AGENDA ITEM N0. 45658999.1 PAGE /LiJ O f commitments and carrying out the powers and purposes of the CFD, including, but n not limited to, the financing of the costs associated with the.issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act. SECTION 4. It is the intent of the Council to authorize the sale of bonds in one or more series, in the maximum aggregate principal amounts not to exceed $7,000,000 at a maximum interest rate not 'in excess of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued. The term of the bonds shall be determined pursuant to a resolution of the Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 years or such, longer term as is then permitted by law. SECTION 5. A public hearing (the "Hearing ") on the proposed debt issue shall be held November_ 8,! 2005, at 7:00 p.m. or as soon thereafter as practicable, at the chambers of the Council, 130 S. Main Street, Lake Elsinore, California 92530. SECTION 6. At the Hearing at the time and place set forth above, any interested persons, including all persons owning land within the proposed CFD, may appear and be heard at the Hearing. SECTION 7. The proposition to 'incur bonded indebtedness in the maximum aggregate principal amounts not to exceed $7,000,000 shall; be submitted to the qualified electors of the CFD. A special community facilities district election shall be. conducted on November 8, 2005. The special election shall be conducted by hand delivered or mailed ballot election. The,ballots shall be . returned to the office of the election officer no later than 11:00 o'clock p.m. on November 8, 2005. SECTION 8. The Clerk is hereby directed to publish a copy of this resolution, which shall serve as notice ( "Notice') of the Hearing and the special bond election, pursuant to Section 6061 of the Government Code in a newspaper of general circulation in the proposed CFD. SECTION 9. The Clerk may send a copy of the Notice of the Hearing by first -class mail, postage prepaid, to each registered voter and to each landowner within the proposed CFD as shown on the last equalized assessment roll. t � AGENDA ITEM N0. 45658999.E 2 «' PAGE35 PASSED, APPROVED AND . ADOPTED this day of ,.2005. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS:' Robert E. Magee, Mayor City of Lake Elsinore ATTEST: Fredrick Ray, Deputy City Clerk City,of Lake Elsinore" APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney' City of Lake Elsinore 45655999.1 AGENDA ITEM NO. -5 3 PAGE,�OF n STATE OF CALIFORNIA- ) COUNTY OF RIVERSIDE ) SS: COUNTY OF RIVERSIDE ) I, FREDERICK RAY, DEPUTY 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: COUNCILMEMBERS: .NOES: - COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: FREDERICK RAY, DEPUTY CITY CLERK CITY OF LAKE ELSINORE (SEAL) 45658999.1 - AGENDA ITEM NO. S PAGE_35 OF 9i NET TAXABLE ACREAGE AT BUILDOUT Date: Seutember 6. 2005 Name of Proiect: Viscava Landowner: Corman Leieh Communities Acreage as reflected in Tract Map No. 32008 A. Gross acreage in project (excluding commercial lots 169 & 170) 25.18 B. Acreage in all public streets (portions of Lakeshore & Walnut Dr.): 1.44 C. Acreage in other publicly -owned properties: 1. Parks 0.00 2. Schools 0.00 3. Open space '0.00 4. Other publicly -owned properties 0.00 Total 0.00 D. Acreage in Property Owners' Association properties: \.n/ 1. Private streets 7.08 2. Private parks 0.14 3. Other Property Owners' Association properties 0.50 Total 7.72 E. Acreage in Detention Basins: 0.42 NET TAXABLE RESIDENTIAL ACREAGE (A - B - C - D - E)* 15.60 * Net Taxable Residential Acreage equals the acreage in 168 taxable lots within Tract No. 32008 n AGENDA ITEM NO. S PAGE &OF n SOURCES AND USES OF FUNDS .City of lake Elsinore Community Facilities Distiic12004 -2 ' (Viscaya) ' Sources: Bond Proceeds: . _ .. .... Par Amount ' - 6,370,000.00 _ _ ' Original Issue Discount ' (10,916.60) ' - - - 6,359,083.40 ' .Uses: I Other Fund Deposits: Reserve Fund 570,351.07 - Capitalized Interest' "187,455.32 - - :- 757,806.39 Delivery Date Expenses:` - -- Cost of Issuance - -' 185,000.00 - - Underwriter's Discount " - ' 127,400.00. - „ . 312,400.00 Other Uses of Furids: - Developer & City Reim bursemetit 110,000.00 - Additional Proceeds ' ' 5,178,87201 ^ ( 1 5,288,877.01 6,359,083.40 1 ' Sep 19, 2005 4:113 tan Prepared by Rod Gunn Associates Page I i AGENDA ITEM NO. S PAE OF Period Ending Proposed Principal BOND SOLUTION City of Lake Elsinore Community Facilities District 2004 -2 (Viscaya). Proposed Total Adj Revenue Debt Service Debt Service Constraints Unused Revenues Debt Sery Coverage 09/01/2006 187,455 187,455 (187,455) - 09/01/2007 10,000 340,804 340,804 374,984 ;, 34,181 110.02939% 09/01/2008. 25,000 355,449 355,449 _392,400 36,952 110.39574% 09/01/2009 25,000 354,524 354,524 390,100 35,577 110.03502% 09/01/2010 30,000 358,574 . 358,574 397,900 39,327 110.96749% 09/01/2011 40,000 367,374 367,374 405,800 38,427 110.45979% 09/01/2012 50,000 375,714 375,714 414,000 38,287 110.19034% 09/01/2013 60,000 383,589 383,589 _ 422,200 110.06586% 09/01/2014 70,000 391,009 391,009 430,700 39,692 110.15106% 09/01/2015 80,000 397,929 397,929 439,300 41,372 110.39672% 09/01/2016 90,000 404,329 404,329 448,100. 43,772 110.82573% - 09/01/2017 105,000 415,162 415,162 457,160 41,939 110.10173% 09/01/2018 115,000 420,174 420,174 466,200 46,026 110.95403% 09/01/2019 130,000 - 429,654 429,654 475,500 ,45,846 110.67045% 09/01/2020 145,000 438,310 438,310 485,000 46,690 110.65228% 09/01/2021 160,000 446,060 446,060 494,700 48,640 110.90436% 09/01/2022 180,000 458,060 458,060 - 504,660 46,540 110.16024% 09/01/2023 195,000 463,700 463,700 514,700 51,000 110.99849% 09/01/2024 215,000 473,560 473,560. 525,000 .51,440 110.86240% 09101/2025 235,000 482,380 482,380 535,500 53,120 111.01207% 09/01/2026 260,000 495,160 495,160 546,200 .51,040 110.30778% 09/01/2027 280,000 501,380 501,380 557,200 55,820 111.13327% 09/01/2028 310,000 516,540 516,540 ,. 568,300 51,760 110.02052% r 1 09/01/2029 335,000 525,110 525,110 579,700 54,590 110.39592% 09/0112030 365,000 - - 537,355 _ _ _ 537,355 . - 591,300 - 53,945 110.03899% 09/01/2031 390,000 543,010 543,010 603,100 60,090 111.06609% 09/01/2032 425,000 557,145 557,145 615,200 58,055 110.42009% 09/01/2033 460,000 569,408 569,408 627,500 58,093 110.20227% 09/01/2034 495,000 579,798 579,798 640,000 60,203 110.38337% 09/01/2035 530,000 588,315 588,315 652,000 63,685 110.82498% 09/0112036 560,000 589,960 589,960 652,000 62,040 110.51597% 6,370,000 13,946,985 13,946,985 15,206,284 1,259,299 Sep 19, 2005 4:13 pm Prepared by Rod Gunn Associates AGENDAITEIvI , If1, S Page 2 PAM Q.J/ n n PROPOSED BOUNDARY OF - COMMUNITY FACILITIES DISTRICT No. 2004 -2 OF THE CITY OF LAKE ELSINORE (VISCAYA) COUNTY OF RIVERSIDE, STATE OF CALIFORNIA scAt 7' -200' N Scl LLm a MMCT BQW rna aav u sNas al a /stags to ascal a aaw u sewat- 34333 s0.lA u earoaYa 0' arOYw cs aa0.os oraa 3a:11 1 sagas 0 m Y0' saaa lava it Po at !JI 90'A961 0 N"7. a w s9 9 US a a 0 6 N ww "57 6 LtY. W 6ag19E dzm 6 CiTWa NAarua JNCMAIZQPGILIX07N a W.W 34'8013 SOa! o 30.34' 34333 s0.lA L3 arOYw cs aa0.os oraa 3a:11 w sagas w m s0a.ss saaa lava it Po 0 1011 W cio b. "- M B MY W TIE WMCT MWMES WTI TIE BU GARY to iMaT a EtCL00W0 Lola ISAJ7" A.Y W z FMD W TE aiflCE a W CRY a W 11N arc W t X E19NCFE Tag SAY aF � YT�1W1Y 1�AYAJ a to EY El NL to Rl p9p�F. STS A1F W C & WASU�� er nlE am W n¢ cm W H ¢sWanz: Ar A TEOaAN.r SUIEDUEO YE£IWa nTTSW. W7a al nc aAY W CF 2t 9Y RS R6[WTM W N T9a_0AY W —TC0.5. ATTNN 6 vQaLr KWB0 —CFY S W A4Ea5lIEYT NIa MSN Wtt FA JW3 MS M PACE Y0S_TWtl AS WSTtl14Nl NQ W TIE 6riCE (f TIE wM1T FECaPOEA M Ta: LYAMTY CF bWf$IpF, SLAT: W G MWA cUWTT PECaflttl! TK CaAltt W MNR iW a__ RVQQICE TN NY4ASCE C0.NTY ASS.SSLRY YMa fp! A aEIMEa xsCIOP W PY t,ws Ma CWEIl9pK 4U O Z�glll��-,YYYW111NNi W %a (.,.6) CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND. CITY COUNCIL FROM: ROBERT A. BRADY, -CITY MANAGER DATE: SEPTEMBER.27, 2005 SUBJECT: PURCHASE OF A PICKUP TRUCK BACKGROUND This year's budget funded the purchase of a pickup truck for use by the City's Code. Enforcement Division. DISCUSSION Staff solicited for bids for the purchase of one full size pickup truck. One bid was submitted by Lake Chevrolet in Lake Elsinore. FISCAL IMPACT The pickup truck will be purchased,out of the Vehicle & Equipment Maintenance account number 100 -4451- 439 -40 -40 for the amount of $16,699.23 RECOMMENDATION It is staffs recommendatioN't of one full size pick up truck PREPARED BY: REVIEWED BY: APPROVED FOR AGENDA BY: it City, ounci de ed in IL.P E, APP DIRE XT UDf Cr n authorize $16,699.23 for the purchase MANAGER COMMUNITY SERVICES AGENDA ITEM N0. PACE_ I OF C2a NOTICE INVITING.BIDS�o PUBLI.0 NOTICE IS HEREBY GIVEN that sealed bids will be received'by- the City of Lake Elsinore.for.the:purchase of one new vehicle. -'This project''is referred for as: LAKE ELSINORE 4 X 2 TRUCK PURCHASE - Bids will be publicly,op"ed, examined -and- declared .in the City' Hall .'Conference Room,` 130.' South Maini Street;; Lake 'Elsinore; California at the hour of 2:00 p.m. on August 31, 2005. Each bid shall be made: on , the, proposal, forin furnished in the Specifications'arid •enclosed - in an envelope supplied by the bidder; bearing the title 'of'the work and the name and address of the bidder. It is the sole - responsibility; of.the: bidder to' ensure that ' the bid is received in proper time in .the ,City Clerk's :'office at the address and time hereinabove •set forth. - Any bid- received after the scheduled closing time ;for. receipt of- bids -.may be returned to the bidder'unopeled. . The.vehicles are to be bid in,.accordance with the Specifications ''on '' file in the office of the,City Clerk,and,said Specifications may be examined 'at -the City of Lake, Elsinore City Hall, 130 S. Main Street, Lake 'Elsinore, California., Specifications document may be obtained at the Lake Elsinore City Hall Cashier's. Window located at 130 South Main Street in Lake Elsinore. nAll bids ;must be made in accordance with and as directed in the Specifications, `and all - bidders shall comply with State, Federal` and local "law's applicable thereto. The.City Council reserves the right' to reject any. or all bids, to waive any irregularities in a,bid and to award the Contract as'may:' best serve. the interests of the City. All proposals are binding for a period of '(30) days after they, are,.opened' and -may be retained'' by the City, ',for -examination' and,,comparison. ; For :technical, information relating to 'the details" of. -the Specificat ons °and /or bidding requirements, please contact Bill Payne in;the Public -Works Department of the.City of Lake Elsinore. By Order of the City:' Council of the, City of. Lake :Elsinore; California. Date: / AFr ede Ray Deputy ity Clerk City of Lake Elsinore 1 C. \Documents and Settings \nfields \Loral Settings \Temporary Internet Files, \oLKD2 \0506 Vehicle Bid Packagedoc - 2 AGENDA ITEM N0. PAGi�_OF� INSTRUCTIONS TO BIDDERS BIDDERS KNOWLEDGE Bidders must satisfy., themselves by personal "examination,.of the Specifications. No bidder shall, at any time after submission of a proposal, make any claim or assertion that there. was any �f misunderstanding or lack of information regarding the specifications. Any errors, omissions, or discrepancies found in the Specifications, or -other Contract documents shall be called to the attention oft the City Public Works Manager and clarified prior to the submission of proposals. - If any person contemplating submitting. a -bid`is in -doubt as to the true meaning.of any part of the` Specifications, or other Contract . documents, he• may submit' to the Public Works .Manager ;a written:, request for -the interpretation thereof, and the person submitting the request will be responsible for its prompt: delivery: Any interpretation -of 'the, Contract' documents will be made only by addendum duly issued and a copy of suchraddendum will bemailed or delivered to each person receiving a set.of such documents. PROPOSAL FORMS Bids shall be submitted in writing on the proposal forms provided.. by the City of Lake Elsinore. ' All information requested therein must be. clearly and legibly set .forth in the ;manner. °and form indicated SUBMISSION; OF- BIDS The envelope enclosing the proposal shall be sealed. and addressed to the City Clerk, City of Lake Elsinore, 130 South ,Main Street, Lake Elsinore,. California 92530. The envelope shall lie, plainly marked in the upper left -hand corner with the name and address -of the bidder and bear the words, "PROPOSAL.FOR ",'.followed by the name of the project being bid and the date and hour of bid opening. Proposals may be mailed or delivered by messenger;` however, it is the bidder's responsibility alone to ensure delivery .of the proposal to the City's designated official prior, to the time stipulated- for bid opening in the Notice Inviting Bids. Late. proposals will not be considered. IRREGULAR PROPOSALS Unauthorized conditions, limitations or provisions. attached to a proposal;, will render'_' it : "irregular and may be cause., for its rejection. Alternate proposals may 'not be° ,considered unless specifically requested. Proposals may be rejected by tho'City for the following reasons: (a) If the proposal form furnished is not used or -is altered. (b) If there are unauthorized additions, .conditional. or alternate bids or irregularities of any kind. (c) If the proposal is not properly signed by the bidder: (.r) C: \DO ents and Settings \nfields \Local Settings \Temporary Internet F,1es \OLKD2 \O5 o6 vehicle Bid Padage doc 3 AGENDA ITEM N0. LP PAQE�OF�� WITHDRAWAL OF PROPOSALS -- A proposal may be withdrawn by a written request signed by the bidder. Such requests.,. shall ' be delivered to the City's designated official prior to -the bid opening hour stipulated :in the Notice nInviting Bids. The withdrawal of:a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so prior to bid opening; r RELIEF OF BIDDER - If the bidder claims a.mi'stake was made in his proposal; the bidder shall give the City written notice within five (5j days after the date for submittal of proposals of - the-alleged-mistake, specifying in the notice in detail how the mistake occurred. Relief will be, granted only for clerical errors and at City's discretion,.. AWARD OF CONTRACT The Award of, Contract, if - made, will be to'the` lowest responsive, responsible bidder whose proposal complies with the requirements of the specifications. ; Within'. thirty (30) days' after. the' bid submittal date, the City_ will act either "to accept'a bd` proposal or to reject all proposals. The acceptance'of a`bid proposal will be evidenced by a Notice of Award of Contract in writing,delivered to the bidder whose proposal is accepted. No other act of the City. shall .necessarily constitute `acceptance of a bid.proposal. City reserves the -right :to_ reject! any, or all proposals; to :waive any advisement for a :perio of irregularity, and to ,take ttie, bids under d 30 .days, all as may be required to provide for the .'best_. _interests: of the City. No contract shall be binding upon the City until -Che same has been / 1 approved by the Board: ( t C: \Documents and Settings \nfields \Local Settings \Temporary lntemet Files \OLKD2 \0506 Vehicle Bid Packagedoc 4 AGENDA ITEM N0. a— PACE C OF._ c TO ACCOMPANY BID SUBMITTAL LAKE.ELSINORE.4 X 2 TRUCK PURCHASE a PROPOSAL Name of Bidder Address of. Bidder 7%N �f gZiS� To: City of Lake Elsinore, California The undersigned bidder,, in accordance with the City's` Notice Inviting Bids, hereby proposes to furnish vehicles; and incidentals required for the above- stated project as set forth in the Specifications, in the manner and time prescribed therein' The undersigned ,bidder , certifies that this proposal.is made in,good faith, without collusion or- connection•'with any other person or persons bidding on the work.. The undersigned bidder understands that the City_Couhc' il reserves the right .to-' accept. -or reject any or all p oposals or to waive formality. or "technicality in-any prop i the; interest Cit of the / Name of.Vendor ur of B' de(r� % C\Dccuments and Settings \nfields \L.ocal Settings \Temporary Internet Files \0LKD2 \05 06 Vehicle Bid Package.doc 5 ACENDA ITEM NO. PACE. (e OF _ TO ACCOMPANY BID SUBMITTAL LAM' ELSINORE 4 X 2°TRUCK PURCHASE ^ BID SCHEDULE ( ` ITEM DESCRIPTION 1. Provide One Truck for Purchase as described in: ,the. I specificationsc, - " y3; UNIT CO_ ST OF VEHICLE $ ��_ (P / /. Q' ;T'�• Note: Purchase price shall be the "out the door" price with all tax, license and other fees -and costs The Undersigned has checked carefully all of the above figures `-and understands that the City will not be responsible for any error'or omissions on the part of the Undersigned in making up this.. -bid. The Undersigned bidder declares, under penalty of perjury, that they are licensed to do business or.act in the capacity off, an automobile vendor within the State of California and that they'are validly licensed. Name of Vendor ur f Bi' er rint Bidd r am Here • �i� le C-\Documents and Settings \nlields \Local Settings \Temporary lntem t Files \OLKD2 \0.5 06 Vehicle Bid Package;doc . - 6 _ AGENDA ITEM NO. PACE�pF r I ' TO ACCOMPANY BID SUBMITTAL All bidders are to check "CO! I or "'Exceptions' on the line provided for each line item of the specifications Specifications Lake Elsinore 4 x 2 Truck Purchase 2005 Pickup Truck, 6400LB. G.V.W.,14 x 2 with exempt license plate I. MANUFACTURERS'WARRANTY: Please- describe the ,manufacturers warranty here: i, II. SERVICE FACILITIES: The vendor. shall operate' a- service facility capable of perf orming' most repairs. associates with " the equipment they represent. This facility shall be located within 20 miles, of the 'City, and be stocked witth' common replacement and .high. -wear .parts, as may tie :designated by equipment. manufacturer, and approved by the.Gity. Comply Exception III. TECHNICAL REQUIREMENTS: The following. are minimum specifications _:for , the unit described. All features below shall be incorporated in the equipment "and all items furnished and installed into a complete unit ready for operation. A. TYPE: New and unused 4 x 2 pickup truck„ with 'a minimum factory rated advertised capacity of 6400 lb. GVW. Acceptable makes and models are listed below, all others shall be equal to, or exceed them: -2005 Chevrolet Silverado 1500 r 2005 Ford F 150 2005 Dodge Ram 1500 Please provide Make and Model of truck being proposed here: 6WW1W 45" Q.) C \Docn mts and Settirigs \nfields \LocalSeNings \'Temporary Internet Files \OLKD2 \05 06 Veltic]e Bid Package doc 7 AGENDA ITEM NO. PACE_ OF l B. WHEELBASE: minimum 133 inches Comply V , Exception - ( C. ENGINE: Gasoline, minimum 5.3 Liter,' with factory low emission vehicle (LEV) rating. comply', `ExIception D TRANSMISSIO /N: 4 Speed,Automatic' with tow mode Comply ✓.. Exception. E. AXLES; As required for the GVW proposed, with locking type rear differential, City to have: choice.'o'f avail'ah. le` ' ratios. 2 Comply Exception �..3 F SUSPENSION: as specified for the GVW proposed, with heavy duty front and rear shock absorbers, 'Comply' ✓ta" "Exceptiom_ G POWER ASSISTS: Brakes and steering. Comply .k/ .Exception: H WHEELS AND TIRES: P265/70/R17 tubeless steel belted radials.with black sidewalls: All- season treads'shall`'be provided.if available, including one full size spare wheel and tire, equal! to the other.fqur - 'A tire`car'rier and jack shall be provided. n Q Comply. Exception_ (4,Y5 / /� "'��.• I ELECTRIC. EQUIPMENT: To comply with SAE standards. 1. ALTERNATOR: Minimum 95 a mp rating,. Alternator rating= /1 /5 amps 2. BATTERY: Full maintenance. free type, minimum 525 . cold cranking amps at .0 deg.,, and ;100 minutes reserve' capacity /. .Comply, ✓ . Exception C:\ Documents and Settings \nfields \Local Settings \Temporary lntemet. Files \OLKUQ \0.506 Vehicle Bid Pa' d' - AGENDA ITEM NO. PACT: /' I OF_a J CAB- CHASSIS EQUIPMENT: 1. WINDSHEILD WIPERS: Two speed minimum, with: - intermittent /delay. Comply. ✓ Exception 1 2. MIRRORS: Inside day /night flip type,..left.and tight below eyeline type, approximately-5" x 6 ". Comply Exception 3. SEAT: Full width bench or- 60/40 spTit`bench- type seat upholstered in heavy duty vinyl, City to have a choice of available colors. Comply & :Exception: .. 4. WINDOWS: Power windows and.door locks.'' Comply Exception - 5. FLOORING: Black rubber type, full coverage flooring. Comply_ Exception 6. RADIO: AM/FM type, with clock., M/ Comply ✓ Exception 7. DOME LIGHHTT: Oner.With door switches. Comply ,/ ::Exception 8: GLOVE BOX : With door. Comply ✓ / Exception 9. CIGARETTEE LIGHTER: Mounted -in, 'dash area' Comply ✓ Exception,- PER$:. Stan front• and step type rear, both, finished al he r ar s ep bumper sh)l1jhave a non - op/ surface. Comply e Exception -C \Doc mts and Settings\nfields \Localsettings\ Temporary Intemet Filer \OLIm2 \0506vehicle Bid Packagedoc 9 AGENDA ITEM NO, PAOE_jD_OF o1 ll.FUEL TANK: Capacity as regularly furnished, containing full amount of fuel.at time of delivery'to the City.. Fuel tank Capacity_ yG n Comply Exception 12. Air._Conditioning, K'PICKOP BODY: Eight foot a length,. _. g. f g approximate strai ht side Ifff pickup with standard tailgate. Comply Exception 1: BEDLINER: A black'spray on commercial grade bed liner material shall be applied to the entire-.cargo bed including sides and top rail. Brand Name - Comply_ Exception IV. PAINTING: This equipment shall be. painted with.a City approved,white acrylic enamel. Comply_ke�Exception V. OTHER EQUIPMENT: Bidders shall 'provide the following: ^ I.A. PARTS LISTS AND SHOP MANUALS: The vendor shall ( 1 provide a total of one complete parts list, and one complete shop manual, each containing complete information on the engine, transmission, emission system, and electric wiring schematic diagram. ComplyException -/tt = 2. TOOL BOX: Steel cross box, with weatherproof doors, stainless steel hinges. The tool box shall be:litounted directly behind cab. ✓! ��f Comply Exception 3. TRAILERING PACKAGE: includes 2" receiver.type heavy duty trailering hitch,` 7 wire harness (harness includes wires for: park lamps, backup lamps, right turn, electric brake lead, battery, and ground) with independentfused trailering circuits mated to a 7 -way sealed connector, 7 way to 4 -way trailer adapter, instrument panel jumper wiring harness for electric brake controller: Also, includes high capacity air cleaner Comply Exception' t � C. \Documents and Settings\nfieldi\Loral Settings \Temporary lntemet Fil, s OLKD2 \0506 Vehide Bid Package doc 10 - AGENDA ITEM NO. PAOE_JL_OF a Prepared By: Dennis Hampton Lake ChevroletlChevyFleetTruck PO Box 4000 Lake Elsinore, CA 925314000 Phone: (951) 674 -3116 Fax:. (951) 674 -9753 Email: dha m pton @la ke chevroletcom 2006 Fleet/Non- Retail Chevrolet Silverado 1500 Reg Cab 133.0" WB Work T 2006 fleet /Non - Retail Chevrolet Silverado 1500 Reg Cab 133.0" WB Work T I , Report content is based on current data version referenced. Any performance- related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 103.3, Data updated 819/2005 10:57:00 AM ®Copyright 1986 -2005 Chrome Systems Corporation. All rights Customer File: reserved_. August 17, 2005 9:23 :19 PM Page 6 AGENDA ITEM NO._�� PACE—La_OF_aG _t Prepared By: Dennis Hampton Lake ChevroletlChevyFleetTmck PO Box 4000 Lake Elsinore, CA 925314000 Phone: (951) 674 -3116 Fax: (951) 674 -9753 Email: dhampton @la ke chevroleLcom 2006.Fleet/Non- Retail Chevrolet Silverado,1500 Reg Cab' 133.0" WB Work T SELECTED MODEL & OPTIONS SELECTED MODEL -2006 Fleet/Non- Retail CG15903 Reg Cab 133.0 W8 Work:Truck Code Description CC15903 2006 Chevrolet Silverado 1500 Reg Cab 133.0" WB Work Truck SELECTED VEHICLE COLORS - 2006 Fleet/Non-Retail C65903 Reg Cab 1'33.0' WB Work Truck Code Description 69V Interior: Dark Charcoal 50U Exterior 1: Summit White Exterior 2: No color has been selected. SELECTED OPTIONS - 2006 Fleet/Non-Retail CC15903 Reg Cab 133.0" WB Work Truck CATEGORY Code Description SUSPENSION PKG Z85 SUSPENSION PACKAGE, HANDLINGrrRAILERING, includes 36mm piston monotube shocks EMISSIONS YF5 EMISSIONS, CALIFORNIA STATE REQUIREMENTS ENGINE LM7 ENGINE, VORTEC 5300 V8 SFI (295 HP [219.7 kW] @'5200 rpm, 335 lb: ft- [452.3 N -m) @ 40001pm) (Standard with C'15953 Models and included with (POU) Light Duty Power Package_ -Not available on . CK15753 Models) TRANSMISSION M30 TRANSMISSION, 4 -SPEED AUTOMATIC, ELECTRONICALLY CONTROLLED WITH OVERDRIVE AND.TOW /HAUL MODE (Standard on Extended Cab Models only.) DIFFERENTIAL Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. 'Actual unit performance will depend on your operating. conditions. GM AutoBook, Data Version: 103.3, Data updated 8192005 10:57:00 AM ®Copyright 1986 -2065 Chrome Systems Corporation. All;rights reserved. Customer File: August 17, 2005 9:22:53 PM Page 2 AGENDA ITEM NO. PA0fi_4,!t _OF ar% Prepared By: Dennis Hampton Lake ChevroleVChevyFleetTruck PO Box 4000 Lake Elsinore, CA 925314000 Phone: (951) 674 -3116 Fax. (951) 674 -9753 Email: dhampton@la kechevroletcom 2006 Fleet/Non- Retail Chevrolet Silverado 1500 Reg Cab 133.0" WB Work T SELECTED MODEL & OPTIONS -- •---------- _.__- ___.. - -� SELECTED OPTIONS - 2006 FIeeVNon- Retail CC15903 Reg Cab 133.0" WB Work Tnrck . CATEGORY Code Description DIFFERENTIAL G80 DIFFERENTIAL, LOCKING, HEAVY -DUTY, REAR AXLE GU5 REAR AXLE, 323 RATIO (Refer to Engine/Axle chart for availability. - Standard on 2WD Models only) PREFERRED EQUIPMENT GROUP 1 WT WORK TRUCK PREFERRED EQUIPMENT GROUP Includes Standard Equipment TIRES / \ QPR TIRES, P245/70R17 ALL- SEASON, BLACKWALL (STD) (Requires 2WD SEAT TYPE Models) � AE7 SEATS, FRONT 40/20/40 SPLIT- BENCH, 3- PASSENGER DRIVER AND PASSENGER MANUAL RECLINING WITH OUTBOARD HEAD SEAT TRIM RESTRAINTS (STD) _V SEAT TRIM, VINYL (STD) . PAINT ZY1 PAINT, SOLID (STD) AIR CONDITIONING CJ3 AIR CONDITIONING, DUAL ZONE, MANUAL, INDIVIDUAL CLIMATE RADIO SETTINGS FOR DRIVER AND RIGHT FRONT PASSENGER (STD) ' UM7 SOUND SYSTEM, ETR AM/FM STEREO, includes seek- and -scan, and digital clock (STD) ADDITIONAL OPTIONS KNP COOLING, EXTERNAL TRANSMISSION OIL COOLER; AUXILIARY, HEAVY -DUTY AIR -TO -OIL (Requires (M30) Transmission, 4 -speed automatic. - Included with (Z82) Tralering equipment - Included with (VYU) Snow Plow Prep Package) Report content is based on current data version referenced. Any performance- related,calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 103.3, Data updated 8/9200510:57.-00 AM ®Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. Customer Fie: August 17, 2005 9:72 :53 PM Page 3 APENDA ITEM NO. PACE L 1 DF a42,_ Prepared By: Dennis Hampton Lake Chevrolet/ChevyFleetTruck. PO Box 4000 Lake Elsinore, CA 925314000 Phone: (951) 674 -3116 Fax: (951) 674 -9753 Email: dha mpton@ la kechevroletcom 2006 Fleet/Non- Retail Chevrolet Silverado:1500 Reg Cab 133:0" WB Work -T SELECTED MODEL & OPTIONS --------------- __ ._. SELECTED OPTIONS - 2006 Fleet/Non- Retail CC15903 Reg Cab_133.0," WB Work Truck - CATEGORY Code Description ADDITIONAL OPTIONS K47 AIR CLEANER, HIGH - CAPACITY (Included with (Z82),Tradering equipment, heavy -duty or (VYU) Snow plow Prep package) - VB3 BUMPER, REAR, CHROME'STEP;,ncludes pad AU3 DOOR LOCKS, POWER (Available with Fleet and Government order types only) Z82 TRAILERING EQUIPMENT, HEAVY -DUTY, includes tralering hitch - platform; 7 -wire harness (harness includes wires for: park lamps, backup lamps, right turn, left turn, electric brake lead, battery and ground) with independent fused tralering circuits mated to a 7 -way sealed connector; 7 -way to 4 -way trailer adapter, instrument panel jumper wiring harness for electric trailer brake controller, and -1 -way sealed connector for center high - mounted stop/brake lamp. Also includes (K47) Air cleaner, high capacity and (KNP) Cooling, external transmission oil cooler (Requires (M30) Transmission, 4 -speed automatic' -Not available with (LU3) Engine, Vortec 4300 V6 MFI or (Z83) Suspension Package, Solid Smooth Ride.) SPECIAL EQUIPMENT OPTIONS 565 POWER WINDOWS AND MIRRORS, Provides power driver and Passenger windows on a base trim level, includes SEO (5M1), LH and RH outside power adjustable, manual folding, non heated mirrors and up level door panels. The mirror head is the same size and configuration as the base power mirror on LT decor (Requires RPO (AU3) Door locks, Power, Power Mirrors can be upgraded to SEO (6P3) Camper Mirrors, remote control, power extendable, n`on- heated) Report content is based on current data version refer, enced. Any performance,re[ated calculations are offered solely as guidelines:- Actual unit performance will depend on your operating conditions.. ^ GM AutoBook, Data Version: 103.3, Data updated.M200510.57 -00 AM ( 1 CCopyright 1966-2005. Chrome Systems Corporaf_ion- All rights reserved- , August 17, 2005 922:53 PM Customer Fle: , o I Page 4 AGENDA ITEM NO. pAGE —OF-c�cj._ i Prepared By: Dennis Hampton Lake Chevrolet/ChevyFleetTruck PO Box 4000 Lake Elsinore, CA 925314000 - Phone: (951)674 -3116 Fax (951);674 -9753 Emal: dhampton @la kechevrol etcom 2006 Fleet(Non= Retail Chevrolet Silverado 1500 Reg Cab 133.0" WB Work T SELECTED MODEL & OPTIONS SELECTED OPTIONS - 2006'Fleet/Non- Retail CC15903 Reg'Cab 133X" WB Work Tiuck CATEGORY Code Description SPECIAL EQUIPMENT OPTIONS 5M1 MIRROR, EXTERIOR, POWER ADJUSTABLE, MANUAL FOLDING, NON- HEATED Provides-the left andright hand side outside power. adjustable, manual folding, non - heated, rear view mirrors that are included with SEO (5B5): Power windows and mirrors. Mirror head is the same size and configuration as the base mirror supplied on first tire Uplevet Decors except that the mirror head is not heated (Requires SEO (5135) Power windows and mirrors and RPO (AU3) Door locks,'power) OPTIONS TOTAL �. Report content is based on current data version referenced. -Any performance- related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 103.3, Data updated 819200510:57:00 AM, ®Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. ` r/ Customer File: August 17, 2005 9:22:53 PM Page 5 AGENDA ITEM' /NO._ PAGI=T_OF —_ Prepared By: Dennis Hampton Lake Chevrolet/ChevyFleetTruck PO Box 4000 Lake , Elsinore, CA 925314000 Phone: (951) 674 -3116 Fax (951) 6749753 Email: dhampton @lakechevroletcom 2006 Fleet/ Non - Retail Chevrolet Silverado 1500 Reg Cab 133.0" WB Work T i 2006 Fleet/Non- Retail Chevrolet Silverado 1500 Reg Cab 133.0" WB Work-T: STANDARD EQUIPMENT STANDARD EQUIPMENT - 2006 FleeUNon- Retail CC15903 Reg Cab 133.0" WB Work Truck OXTERIOR ., • Paint, solid j • Bumper, front, chrome, with Gray lower • Bumper, rear, painted step, includes pad • Air dam, Gray Grille, Gray surround, with chrome accent bar . . • Headlamps, dual halogen composite, includes flash- to-pass feature and automatic lamp control • Daytime running lamps, includes automatic exterior lamp control • Lamps, dual cargo area lamps • Minors, outside rearview, foldaway, manual,, Black, adjustable • Glass, Solar -Ray light tinted, all windows • Wipers, intermittent, front wet-arm with pulse washers' Report content is based on current data version referenced. Any performance- rMated calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Dater Version: 103.3, Data updated 8/9/200510:57:00 AM _ @Copyright 1986 -2005 Chrome Systems Corporation. All rights reserved. CustomerFle_. - August 17, 2005 922:53 PM page 6 AGENDA ITEM N0. PAGE Prepared By: Dennis Hampton Lake Chevrolet/ChevyFleetTruck PO Box 4000 Lake Elsinore, CA 925314000 Phone: (951) 674 -3116 Fax: (951) 674 -9753 Email: dh ampton @la kech evroletcom 2006 Fleet/Non- Retail Chevrolet Silverado 1500 Reg Cab 133.0" WB Work T STANDARD EQUIPMENT STANDARD EQUIPMENT -2006 Fleet/Non- Retail CCIS903 Reg Cab 133.0" MIS Work Truck INTERIOR ( .0) • Seat trim, vinyl • Seats, front4020 /40 split - bench, 3- passenger, driver and passenger manual reclining with outboard head restraints • Floor covering, rubberized vinyl, Blade • Steering column, Tit Wheel, adjustable, includes brake/transmission shift interlock • Steering wheel, includes theft- deterrent locking feature • Theft- deterrent system, PASSIock 11 • Instrumentation, analog, includes speedometer, odometer with trip odometer, fuel level, voltmeter, engine temperature, of pressure and tachometer • Driver Information Center, monitors numerous systems depending on vehicle equipment • Warning tones, headlamp on, key -in- ignition, driver and passenger buckle up reminder, turn signal on • Air conditioning, dual -zone, manual, individual climate settings for driver and right front passenger • Sound system,. ETR AMIFM stereo, includes seek- and -scan and digital dock • Sound system feature, 4- speakers • Cupholders, front (Also includes rear cupholders on Extended and Crew Cab Models) • Cigarette. lighter, on instrument panel ` • Power outlets, auxiliary, covered, 2 dash- mounted, 12 -voft • Mirror, inside rearview, manual day /night • Visors, padded, Shale - colored, driver and passenger side with cloth trim, extenders, pocket on driver side and vanity mirror on passenger side • Assist handle, front passenger (Also includes outboard rear assist handle;on Extended or Crew Cab Models.) • Coat hook, driver side (Also includes passenger side coat hook on Extended and Crew Cab Models.) • Lighting, dome lamp, reading, backlit instrument panel switches and door handle - activated illuminated entry Report content is based on current data version referenced. Any performance- related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version. 103.3, Data updated 8/9200510:57:00 AM ®Copyright 1986 -2005 Chrome Systems Corporation. Alt rights reserved. �J August 17, 2005 9:22:53 PM Customer Fie: Page 7 AGENDA ITEM ND. G PAGE��GF a�. Prepared By: Dennis Hampton Lake Chevrolet/ChevyFleetTmck PO Box 4000 Lake Elsinore, CA 925314000 Phone: (951) 674 -3116 Fax: (951) 674 -9753 Email: dhampton @la kech evrolet.com 2006 Fleeti(Non- Retail Chevrolet Silverado 1500 Reg Cab 133.0" WB Work T STANDARD EQUIPMENT STANDARD EQUIPMENT :2006 FleetfNor- Retail CC16903 Reg Cab 133.0" WB Work Truck MECHANICAL • Engine, Vortec 4300 V6 MFI (195 HP [145.4 kW] @ 4600 rpm; 260 lb.-ft 351:0 N-m) @ 2800 rpm) (Required and standard on C•15703, C•15903, and CGI5753 Models only. Not available with (VYl1) Snow Plow Prep Package or (Z82) Trailering equipment, heavy-duty.) •; Transmission, 5 -speed manual wilh overdrive (Requires Regular Cab Models and (1-1.13) Engine, Vortec4300 V6 MFI or (1.114) Engine, Vortec 4800 V8 SFL) • Rear wheel drive • Battery, heavy -duty, 600 cold - cranking amps, includes rundown protection and retained accessory power •. Altemator, 145 amps • Recovery hooks, front, frame - mounted • Frame, ladder -type, hydroformed • Pickup bed, Fleetside box • GVWR, 6400 lbs_ (2903 kg) (Requires C "15903, CK15703, CK15753, C "15953, or or CK1.5553 Models) • Suspension Package, Solid Smooth Ride, includes 35mm piston twin tube shocks • Suspension, front, independent (2WD Models include coil springs_ - 4WD Models include torsion bars_) • Suspension, rear, semi elliptic 2- stage multi4eaf springs • Tires, P245f70R17 all- season, blackwall (Requires 2WD Models) • Tire, spare, full -size, 17" (432 em) with steel wheel, located at rear underbody of vehicle • Wheels, 4 -17" x 7" (432 cm x 17.8 cm) 64ug steel, painted, includes painted center caps and steel spare • Tire tamer, outside spare, winch -type mounted under frame at rear • Steering, power • Brakes, 4 -wheel antlock, front hydraulic disc and rear drum • Exhaust, aluminized stainless -steel muffler and talpipe • Tools, mechanical jack and wheel wrench, spare tire assist book, floor - mounted in back of cab Report content is based on current data version referenced. Any performance - related calculations are offered solely as guidelines.- Actual unit performance will depend on-yo operating conditions. . ^ GM AutoBook, Data Vernon: 103.3, Data updated 8/9200510 :57:00 AM ( , ®Copyright 1986 -2005 Chrome Systems Corporation: All rights reserved_ Customer File: ` gust 17, 2005 922:53 PM - Page'8r. AGENDA ITEM NO. �Y PAOE__OF� Prepared By: Dennis Hampton Lake Chevrolet/ChevyFleetTruck PO Box 4000 Lake Elsinore, CA 925314000 �l Phone: (951) 674 -3116 Fax: (951) 674 -9753 Email: dhampton@lakechevrolet.com 2006 Fleet/Non- Retail Chevrolet SiNbrado 1500'Reg Cab 133. WB Work T STANDARD. EQUIPMENT STANDARD EQUIPMENT -2006 Fleet/Non-Retail CC15903 Reg Cab 133.0" WB Work Truck y SAFETY • "Brakes, 4 -wheel antilock, front hydraulic disc and rear drum • Airbags, frontal, driver and right froM passenger, Includes Passenger Sensing System (Always use safety beNs and proper child restraints, even with air bags. Children are safer when properly secured in a rear seat See the Owners ' Manual for more safety information) • Daytime running lamps, includes automatic exterior lamp control Report content is based on Current data version referenced_ Arty performance related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions_ GM Auto Book, Data Version: 103.3, Data updated 8/92065 1 o :57:00 AM ®Copyright. 1986- 2005'Chrome Systems Corporation: All rights reserved. �•r� Customer File: August 117_2005 922:53 PM Page 9 ' AGENDA ITEM NO.�_ PACE_c(ZOF 61% _ Prepared By: Dennis Hampton Lake Chevrolet/ChevyFleetTruck PO Box 4000 Lake Elsinore, CA 925314000 Phone: (951)674 -3116 Fax: (951)674 -9753 Email: dha m pton @la kech evrolet -com 2006 FleetlNon- Retail;.Chevrcilet Silvera(& 1500 Reg Cab 133.0" WB Work T WEIGHT RATINGS WEIGHT RATINGS - 2006 Fleet/Non- Retail CC15903Reg Cab 133.0 WB Work Truck Front Gross Aide Weight Rating: 3,150.00 • , Rear Gross Aide Weight Rating: 3,686.00 Gross Vehicle Weight Rating: 6,400.00 Report content is based on current data version referenced. Arty performance related _calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. n GM AutoBook, Data:Version: 103.3, Data updated 819/200510 :5T00 AM C)Copyright 1986-2005 Chrome Systems Corporation. All rights reserved.' " August 17; 2005 9:22:53 PM Customer File: Page 10 AGENDA ITEM NO -- PAOEa. -0E—CiC61— Prepared By: Dennis Hampton Lake Chevrolet/ChevyFleetTruck PO Box 4000 i 1 Lake Elsinore, CA 925314000 �J Phone: (951) 674 -3116 Fax: (951) 674 -9753 Email: dh ampton @la kech evroletcom 2006 FleetlNon- Retail Chevrolet Silverado 1500 Reg Cab 133,0" WB'Work T WARRANTY INFORMATION WARRANTY INFORMATION -2006 Fleet/Non- Retail CC15903 Reg Cab'133.0 "'WBnWork Truck WARRANTY •- <<< PRELIMINARY 2006 WARRANTY >>> Basic: 3 Years/36,000 Miles Drivetrain: 3 Years/36,000 Miles Corrosion. 6 Years/100,000 Miles Roadside Assistance; 3 Years/36,000 Mies Report content is based on current data version referenced. Any performance- related'calc6lations are offered solely , as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 103.3, Data updated 8/9200510:57:00 AM OCopyright 1986 -2005 Chrome Systems Corporation. Ail rights reserved. Customer Fie: - August 17,.200!j 922 :53 PM Page 11 AGENDA ITEM NO. _(0 PACE _aa._OF_ CITY OF LAKE, ELSINORE ` REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY'MANAGER DATE: SEPTEMBER 27, 2005 SUBJECT: REQUEST FOR ALCOHOL APPROVAL/WAIVER OF FEES , BACKGROUND On September 20, 2005, the Lake Elsinore Rotary Club submitted a Special Events Application for a Chili Cook -Off. :The Chili Cook -Off will be held on Saturday October 22 from 12 noon to 4:00 p.m. and will be done jointly with other local Rotary Clubs. This event is expected to draw approximately 150 to City Park this first year. A copy of the application and the insurance policy is attached. n DISCUSSION This is the first time the Rotary'Club has offered a Chili'Cook =Off. Along with the chili, they are requesting to sell alcohol. Alcohol sales or consumption is prohibited in the public parks by city ordinance 9.28.020. According to city ordinance 9.28.030, only the City Council can approve the sale or consumption of alcohol in the parks. The Lake Elsinore Rotary Club is asking for special approval to sell alcohol in City Park on October 22, 2005 for this event. The submittal of a Special Events application requires a $200 Processing Fee and a $1,000 Refundable Damage Deposit. The Lake Elsinore Rotary Club submitted a $1,000 refundable deposit for their Art and Wine Festival to be held on October 8`n Barring any damage, this deposit will be rolled over to be used for the Chili Cook -Off. The Rotary Club is requesting a waiver of the $200 Processing Fee. There is a $101hour charge for electrical use at City Park. The Rotary Club will use electrical for four (4) hours at a cost of $40.00 and are asking for waiver of this fee. al AGENDA ITEM N0. PAOE I OF �� REPORT TO CITY COUNCIL SEPTEMBER 27, 2005 PAGE 2 City Council Policy No. 400 -11 states that non - profit groups based in the City limits of the City of Lake Elsinore can use City facilities.at actual staff cost, plus the cleaning fee and necessary insurance to cover the event. Facility rental fees and administrative processing fees are typically waived for non - profit organizations. All proceeds from this event will go to the Lake Elsinore Rotary Club to help them sponsor special projects within the community. FISCAL IMPACT If the fees are waived, the city would lose $240 in revenue. RECOMMENDATION City Council approve the request by the Lake Elsinore Rotary Club for the sale and consumption of alcohol in City Park on October 22, 2005. City Council consider the request by the Lake Elsinore Rotary Club to waive the $200 Processing Fee and $40 Electrical Fee for their Chili Cook -Off on October 22, 2005. PREPARED BY: TERI FAZZIRLeCAMTI ON /TOURISM MANAGER, REVIEWED BY:... C✓ . AVI SAPP, DIRECTbYdF COMMUNITY SERVICES APPROVED FOR AGENDA BY: - //L/ a� li::�W�� CIT ANAGER'S &FIC E 1 AGENDA ITEM NO. F PAGE— 2—O l ' CITY OF LAKE ELSINORE APPLICATION FOR SPECIAL EVENTS PERMIT Description ofevent: lia�2 sixer+r�o x T Cam Location of event: mo: !z 0 saN f► Date of Applica. Starting Closing Time- -Event Time Event Date Date To Open To Close Name of Sponsor (print please) Name of Speciai'Event Director (or local. contact) 3l8?7 oulow (.Usaa q=.t ?ol Lj • lara6.•.r L £ 92634 Address (City /State /Zip) Address (City /State /Zip) QS( ?_qq X13z ea ?68 gY?7 "Q/ -1149 Telephone Telephone 30 Atm. /so S,$2 Number of persons Anticipated daily Estimated park ng employed to, conduct attendance spaces needed event (peak tame) All.of the following documents auat be on file prior to start of event. 1. Application for Business Tax to be completed by business owner. Includes, but is not - limited to, all commercial and itinerant vendors, carnivals," displays, sellers, anyone who offers a service, and /or contractors performing work. 2. A list of all employees who will be working -the event, to include name, current address, date of birth, driver's license, and a current photo of each. 3. A written explanation of the!Appiicant's plans to provide:. a. Security b. Fire Protection C. Water supplies and facilities d. Food supplies and facilities. e. Sanitation facilities f. Vehicle access g. Parking spaces h. Traffic control i. Clean -up plans for the premises 4. List the number -and type of food concessions. _ AGENDA ITEM NO.— % w��4f W 1'. 171 Ifl ( - I':' • f 1'. I;' 1 1'. ? 14 1 1,37 1 I Il October 22'' , 2005 12-4 Tun Lake Usinore City Park 243 South Main Street, lake dsinore Chili Contest (non - sanctioned) : three categories awarded Entertainment provided by aub member SKITS Master of Ceremonies: TBA Sint Auction Don't miss out on the long owned Chili 'Eat -0ff And all around Rotary fun! Q.0/ Sponsored by: Southwest Healthcare System and D36rofx, Inc- Rotary duls of lake fkmore, Munieta, Temealo Sunrise, Sun Oiy4l ifee, and Perm, as WI as dm Interact auhs of Murrieto Valley High, Va10 Murrieto Mgh, tlmparral Hglh, hbroo High, Wal Oaks H'g6, Bridge Hgh Pena, Te oud fa wyal High and take EhImm Nigh. AGENDA ITEM NO., PAC}=__�_OF_ ` October 22^c ;200512 - 4pm Lake 8sinore Gty Park • 243 South Mam3treet; lake 8sinore Tickets are $5.00- Includes 5 chili taste tickets; salad, bread, cookies, and- entettainmentl - - ._ sponsored by Southwest Healthcare System and D3 Grafx, Inc. Join the Rotary Clubs of Murrieta, Lake Elsinore, Temecula Sunrise, Perris, and Sun City/ Menifee, as we gather for.a-day chili eating, contesting and all around Rotary fun while raising funds for the Rotary Foundation. in addition to the local clubs, we will have our Interact clubs with their own Chili entries to taste inluding; Murrieta Valley High, Chaparral High, Paloma ^ Valley High, Vista Murrieta High, Great Oaks High, Brideg High Perris, Temescal Canyon I High and Lake Elsinore High. _ Each participating Club Will Provide:— 2 gallons of chili, each recipe prepared ` = no restrictions on recipe ' • Rotary Clubs will be responsible for selling 80 tickets ® $5 each - Interact Clubs will be responsible' for selling 20 tickets 0 $5 each • Each club will be responsible for one silent auction item at a value of at least $100 Clubs must bring their own electrical cords and serving utensils. Each club is to provide signage for their chili, which will be judged along with the chili! • Chili Comest tnon-saidionall'three award live entertainment; Club Skits Silent Auction And don't miss out on the long awaited Cast Iron Man competition : ChM 'eat -off' •'" all around Rotary fun! ' For more information - or lust to get involved, can Mickie Evans 909 -285 -2210 AGENDA ITEM NO PACE _OF �_ N AOENOA ITEM N0._�_- PAGE___Lg__OF_ , 07/07/2005 hon Risk services, Inc. of Illinois CERTIFICATE IS ISSUEDASAMATTEROFDOORMATION 200 East Randolph _ Chicago A 60601 USA YAND CONFF.R.4NORFMM UPON THE CERTMCATEROLDEIL CSBTIFSCATE DOES NOT AMEND, XJMWU OR ALTERMW AFFORDED EYTHE PO12CIL4 ESIDW - 94SURERS AFFORDING COVERAGE 1qA1Ctt Pam- 866 283 -7122 FAZ- 953 -5390 RNDRID Rotary Internat,Onal Attn-. Elaine Marin HrsoaaA westchester Fire insurance Co 21121 aroma Great American Insurance Co. 16691 Demme ._. 1560 Shares: Avenue Evanston IL SOMl -3698 USA Il,SI�A o O ,� aCSYEBYE MM PWa] C' t< BCWBCURA ,RL7Y41EDBPWWRAYEBEMEBMTO MVZC WDKMMMABOVSPMMMPUFZRPOnODDMWAIM NOTWECHWoR RIGA,Y MQDUMANf TMMORCffiMn "OFAHYCMnVACFtel01MMDOMINO TRT®RESM=] WHXHT {SCMnMCNMI"YBEL- =MOR NAYPSMA,N. '1 ffiD$ DRANCEAFFWtOFDBYiHHF 'CAR�$Dll9(�ffitP8C8 SOBH<ATtCI A,L'�+'l4RW4.IDCCSA�(a6 AND COaID�9$ OP $0Q P0E1CIE4. AOCWeOA7E ,DNC9BEEWNMAYEAVREEMRWMWBTPAW CZABM CR LDati • rFetaiaY X OMD(d(TAi.CatZaGtAi.UeEHICT 4666604 ',E . 07762703 07/0]/06. lecaoomxsacs s7s0.000 DAMAC&TOFFPIYfl $75D.000 CLAUSIUm ® 00= F ®OSS ms. ( u ffi 1750, OOD Fi93 &ADPRHUAT $750,000 N A � l'SAFFALAGCAB[d16 $12500, IiTFCAGGaT4llEIlEQAwf�ea: R0. YWK[ ❑ HZT ❑ Lot .. M A Q N 7aDIWWY -c0NP PAGO $750,000 Clquor. Crab,liiy _ Invaded • � ANTADro OLPS74666804 07101/05 07/01/06. G SaAFII]a0T 5750,000 -- x A ovomv AROS a MIDD.TDDOET �•msA HGGDAVICS NWCFWUD a U ,eoeFatDANACy ffi fz50,000 LUER Y - AR1O0KLS- FAAOfENBit ART AWD - FA .. anffamaN .s+ecc A0G fto II MArmm CLwae21.o 0 00 X Cccaa OAH6MA08 ss,o00.000 510.000. WOaYM1iC®OmwAIIM, AaD _ ELEMwACCRAW _ ANTMIPARTl48)ER6CODVE '� F,radecbssb�CfALP&OV190R2 - 6LDRTCRa7 beM OEM pE5C80•IlONGP ADDIDETHmGR�iD6AHSM- PA09@WS RE: lake Elsinore wine 6 Arts Festival, 10- 08-05, Lake Elsinore., CA. The Certificate Holder is included as Additional insured with respect to the General Liability policy. Lake Elsinore Rotary Club, District C 5330. city of Lake Elsinore seoDUANr�t�AeovEtt ,FSHECmnaroeEteES�mRaaaN Attn-. Terry FeZio nATE't #.'Dg 6SOaRiIlb9lFEWRI, em6avosro ,Ma 130 S. Main stmt xDwTSwaaanROR�rozesoaosrwnRnmxne�ro '��az aDTFARDAfi]ODD90588t1DRO5 MOSUGMWCGan/a071t Lake Elsinore, CA 92530 USA oFAHTADBfOFOn ,a6II80�A1TSA2II,6��Ha'A'DY6 RE RE wumD�ATFass4e,ramE ",� �� N AOENOA ITEM N0._�_- PAGE___Lg__OF_ , CITY OF LAKE ELSINORE . REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY CITY- MANAGER DATE: SEPTEMBER 27, 2005 SUBJECT: TOURISM UPDATE BACKGROUND This item was requested by the City Manager to update the City Council on tourism,efforts. A report documenting tourism promotion by City Staff is attached.' Currently, the majority of the tourism promotion is done by the Community Services Department through the Recreation/Tourism Division. Additional promotion is done through the City Manager's office by the n Information/Communications Manager (marketing) arid-the G.I.S. "Analyst (economic development). - There is currently no dedicated budget for Tourism.< In the Community Services Department all tourism related expenses are paid from the Community Promotions line item in the Administration budget. In 1986, city staff attended their first Travel, Show` at the Pomona Fairgrounds with the goal of promoting the city as a tourism'venue for boating, fishing and camping. Staff ended up being theaarget for'a•wide variety of negative comments, generally, from people who had not been to Lake Elsinore but had "heard" about the city and the lake. Staff has been persistent and has continued to attend Travel, Boat, and Camping shows, slowly changing the perception of the attendees at these shows by proving consistent, positive information and free boat and launch passes to interested customers. In the past five (5) years staff has seen a marked improvement at these shows with attendees actually expressing how much they like the lake, the Outlets and the Storm games. Other promotion efforts have been incorporated throughout the last ten (10) years including publications, videos, involvement with the Inland Empire Tourism Commission and creation of several large, special events. These efforts in addition n to the Lake Elsinore Outlets, the Lake Elsinore Storm, Sky Dive Lake Elsinore and AGENDA ITEM N0. PA:, € —OF- -� REPORT TO CITY COUNCIL SEPTEMBER 27, 2005 PAGE 2 the Lake Elsinore Moto Cross Track, have helped make Lake Elsinore a more recognizable tourism destination instead of a "pass through on the way to San Diego. DISCUSSION In California, travel and tourism expenditures amounted to an estimated $78 billion in 2004. California is the most visited state in America and accounts for, 11.5% of all domestic travel in the U.S. ' t In. Riverside County the average traveler spends $77.10 per day. The average length of overnight stay is 3.0 nights and the average party size is 3.0 persons. If you add these numbers forjust.one party it equals almost.$700 per day. Thetop states of origin are Arizona, Washington and Oregon:. In order to get a piece of this tourism revenue pie, Lake Elsinore should create a tourism promotion/strategy plan for the future with an effective reporting and record keeping mechanism and create a dedicated budget for tourism. The administration of this. plan and its budget would be done through the Community Services Department under the Recreation/Tourism Division and coordinated with other community tourism entities including the Chamber of Commerce, the Lake Elsinore. Storm and the Lake Elsinore Outlets.. This strategy should also compliment the cities future Marketing and Branding Program.. FISCAL IMPACT, No impact. RECOMMENDATION City Council review the attached report and receive and file as an informational item. PREPARED BY . TERI FAZZIO, CREATION/TOURISM MANAGER, AGENDA ITEM N0. 0 PAGc_,�, OF_�_ n n n REPORT TO CITY COUNCIL SEPTEMBER 27, 2005 PAGE 3 REVIEWED BY: TrY SERVICES DIRECTOR APPROVED FOR AGENDA BY: W Cl MANAGER'S OFF E AGENDA ITEM NO. PA0E_,a_0F_-3- City of Lake Elsinore Memorandum To: Bob Brady, City Manager From: Teri Faizio, Recreation/ToQrism Manager Date: 9/21/2005 Re: Promotion of Tourism Listed below are events, programs and publications that staff is currently using to ,.t promote tourism in Lake Elsinore: Franted,Material Exolore.Lake Elsinore — This is a tri -fold piece that was created in 2000 to promote Lake Elsinore at Boat, Travel and Fishing Shows. Over 20,000 of these brochures have °been distributed. This piece really needs to be updated and changed to a Visitor s;Guide. Staff has met with two (2) publishers to receive informal bids but ewe are on hold due to the Branding program. One bid was to create a piece inclutling advertisements. These ads would allow the piece to be done for a m in irnal cost to the city. The second bid was for a piece without ads and the cost 'was approximately $3,000. We do need to have the Visitor's Guide ready for distribution at the L.A. Times Travel Show at the end of January. Dining /Lodging Guide — This piece has been changed to just a Dining Guide that is produced by the Community Services Department. The dining establishments are updated quarterly. This publication is also distributed at Travel and other shows and is included in Welcome Packets and available at City Hall. This piece would be incorporated into the Visitor's Guide along with lodging information. San Dieqan Magazine — The City and the Outlet Center have partnered on this promotional section in the San Diegan Magazine that was done on an annual basis through the City Manager's Office. The section highlights activities and venues in the city as well as accommodations and dining. The ad contained a "tear -out" coupon that could be returned to the Outlet Center for a reward. The Outlet Center felt that they received a good return for their investment. The ad was continued this year, however, the Outlet Center has given notice that they will no longer be a partner in the project. According to Mark Dennis, continuation of this advertisement vehicle will be considered as part of the branding process. � AGENDA ITEM NO. D PACE___ OF: �� . ' � AGENDA ITEM NO. D PACE___ OF: �� W September 21, 2005 Inland Emoire Tourism Council`" -The Iniand'Empire'Tourism Commissionis an =% extension of the Inland Empire Economic Partnership (IEEP). The RecreationfTourism Managei'serves as the Vice President of the Commission and attends all Board meeting and assists in policy, budget and event decisions. Each year the IETC produces a`Visitor's Guide with the assistance of a local ad agency. The'IETC Visitor's Guide includes`information and ads from many.lnland Empire cities. 'Lake Elsinore has'purchas6d a 1/3 page ad the last four (4) years. This year the publisher also requested and will use photos taken in and around Lake Elsinore. IETC staff takes these guides to Travels Markets and mails them to Travel writers and other Travel publications. They are also ,distributed throughout California.' Also through the IETC, Lake Elsinore partners with five (5) other cities to host an- Inland Empire Tourism Window at the California Welcome Center in Barstow. Since 2003, 'average visitation ''at the* den ters has'increased by 21 % annually and the Barstow center is t ie'second most visited center in' the state behind San Francisco.'' Inland Empire Film Commission' The IEFC isalso an extension of the IEEP. The same IEEP staff that assists with IETC also oversees the IEFC so both Commissions work hand-in-hand on many projects. The'IEFC is responsible for promoting the Inlarid'Empire "as a location for filming of commercials; movies, ads, etc. Lake Elsinore has placed an ad in the Filming Guide for the past three (3) years to highlight locations available for filming. The IEFC staff forward all of the inquiries they receive on Lake Elsinore-to the Recreation/Tourism Manager for follow -up Many times film companies also call on their own to the Stadium, Lake Department or Sky Dive Elsinore. .Most of these are forwarded to our Department. Fishing Guide - The'Cake and Aquatic Operations Department'created and produced this piece which" is- distributed 'at Boat and Fishing Shows. The guide includes information on the types of fish inLake Elsinore, tips for catching these fish and rules and regulations for fishing on the lake. This piece would'also be included in the Visitor's Guide. 1t'- Calendarof Events - -This piece is also produced by the Community Services Department. It highlights all of the special activities being offered in the city and is updated oni a quarterly. basis or as- needed. Ninety -eight (98 %) percent of the activities listed are'events to attract tourism to the city.. Since these are distributed to both residents and visitors, some local- "resident only" events are included. Most of the local, recreational`events are promoted in the Community Services brochure that -is mailed quarterlyto city residents only: Copies-of all of these publications are provided to the Chamber of Commerce, home developers, IETC,. California Travel and Tourism Commission and any other organization that requests them AGENDA ITEM N0. j PAC£ OF I 3 Sepfember27, 2005 Audio/Visual Q.d Tourism Video — This video was created in 2004 for use at the Fred Hall Fishing, Boat and Travel Show in Del Mar. It is a 20 minute video highlighting everything there isao do and everywhere there "is.to eat, sleep and shop in Lake Elsinore. This video` was. shown at an EDC meeting in'2004 that focused on Tourism and was most recently used at the L.A.Times Travel Show in January, 2005. Staff will continue to use this video at Travel Shows acid have it available for other groups and organizations. Staff will contract with Video, Productions to update the video as needed. Trade Shows _ Fred Hall Fishing and Travel" Show (4 days) Staff and volunteers hosted an "Explore Lake Elsinore" booth at this.show for the past four (4) years. Traffic is very lieavy;at this show and the booth always attracts a lot of attention and comments.. Information is.distributed on activities, fishing, boating, shopping, "skydiving, camping, STORM baseball, etc. This show targets the San Diego market. Each year we give free launch and lake use coupons to many of the attendees. The return on these coupons has been around 50 %. At the last Fred Hall show; we received help from the,Chamber-(1/2 day), LEMSAR members (1 day) and LERA staff (1/2 day). ,,This was very helpful and continued assistance from the Chamber of.Comnierce and other community, organizations would be helpful.., Southern California Marina Association Boat Show (7 days) ' .Staff has participated with this organization at Boat, Shows in Anaheim,; Los Angeles.and Long Beach. These shows also attract a -big, crowd and the information distributed is focused more on boating at Lake Elsinore. These shows targeted the LA and Orange County market. We have not attended, these shows in the last year due to staff constraints. Seven days is ,a long time to cover with current staff. Each time that the city does a show, staff asks for participation from,the Chamber,,Storm, Outlet Center, Boat Launches/Campgrounds, etc. L.A. Times Travel Market (3 days) — Lake Elsinore was a participant in this show as part of the Inland Empire display on January 28, 29, and 30, 2005.,: Each of the six (6) cities represented had their own booth space and display. All of the cities were tied together by a "Road Trip" theme through the Inland. Empire. This show featured travel destinations from all over the world with the target market being Travel Writers. This show had large crowd with one day being devoted solely to the writers. This gave, staff an opportunity to "sell" their cities.or- destinations to the writers for future stories or tours.; In 2005, Lake Elsinore was marketed at an "Extreme Experience" with many people stopping to ask about skydiving, hang gliding,, motocross facilities and wakeboarding. ,By..the end,of the 2004 show, staff had only a handful of handouts left, the response and interest was In 2006, 11 staff is planning to have some way of receiving feedback,or response from our attendance at the show so we can gauge the value of attending. Staff also hopes to have assistance by Chamber staff (they were unable to assist this year) and City Council members. 3 AGENDA ITEM I _ v September 21, 2005 Special Events Waterski and Wakeboard Competitions —,These events are sponsored by the Canyon Lake Wakeboard Club and the INT Waterski/Wakeboard Association. Both events draw participants from all over California both to participate and spectate. Both the Community Services Department and the Lake and Aquatic Resources Department facilitate and oversee these events for compliance and safety and the Community Services Department also assists the events with marketing and promotion. Staff also provides information on camping; lodging and dining tathe organizers. GFI Lake Elsinore Grand Prix — This event has become the signature event for Lake Elsinore and continues to draw large crowds of riders and spectators from around the country, many of whom visit our city for the first time. The event has become so well known that a city in Arkansas sent representatives to the event the past two (2) years with the intent of recreating a similar event. Their Governor also hosted Goat Breker, the creator and organizer of the event, on a consulting visit to their city. The Special Events Committee has been facilitating this event since it began 10 years ago and having their involvement has helped Goat make it the event it is today. The Community Services Department also assists Goat with promotion each year and.provides Public Works staff to assist with barricades and road closures on the days of the event... As development continues to infringe on the race course, staff and the organizer will have to look at alternate courses. n ABATE Motorcycle Rally — This event is held by the ABATE Motorcycle group and advocates motorcycle safety. It is held at the Lake Elsinore Recreation Area and draws motorcycle enthusiasts from all over California. This year they had over 5,000 people at the three (3) day event. This group goes through the Special Events process and each year the Community Services Department assists them with use of the Community Center and a P.A. system for their rally. t Sports Tournaments — The local Little League, Girl's Softball, Kids and Adult Soccer leagues as well as national outside tournament promoters like Triple Crown Baseball, AABC, Super Series and USSSA baseball all host tournaments throughout the year at our park facilities. These tournaments draw participants and their families from all over California and sometimes from other states. Staff provides the leagues with lodging and.dining handouts for their visiting teams and works with the Parks and Open Space staff to insure that the parks are clean, safe and present a good image to the out of town visitors. These tournaments have an economic impact on local hotels, restaurants, gas stations and grocery stores. Future Tourism Needs Hotels — The City of Lake Elsinore can offer many special events, tournaments and programs to draw tourists, however, if they don't have a place to stay in Lake Elsinore while they are here, we will lose their lodging dollars as well as their food and gas dollars to the surrounding cities. AGENDA PAt';E0F --� September2l, 2005 Publications — The City of Lake Elsinore needs an all encompassing Visitor's Guide. This became apparent at the 2004 L.A. Times Travel Show as the Travel Writers and visitors didn't want one a handout for each tourism function. They wanted to grab one publication that contained all the information that they would need to visit our city. As mentioned previously, staff is gathering informal bids and samples from other cities to begin creation of a Visitor's Guide in October so that it can be ready for the_L.A. Times Travel Show in January. Dedicated Tourism Budoet —Include aline item budget for tourism expenses in the Community Services Administration budget under the Recreation/Tourism Division. If you have any questions or need more information, please let me know. C Director of Community Services 5 AGENDA ITEM NQ•_— CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL' FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER-21,2005 - SUBJECT. ' AUTHORIZATION TO PREPARE CEQA " COMPLIANCE DOCUMENTS FOR RESIDENTIAL DESIGN REVIEW NO. R- 2005712 AND LEAP 2005 -11 FORBROADSTONE'S RIVERS EDGE APARTMENT COMPLEX (CLASSIC. PACIFIC). n BACKGROUND " The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in -house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. The project is known as Residential Design Review No. R- 2005 -12 and LEAP 2005 -11 for Classic Pacific. DISCUSSION Due to the scope of this project, staff has requested that Mooney, Jones and Stokes prepare the CEQA documents (Initial Study and Mitigated Negative Declaration) for the project known as R- 2005 -12 and LEAP 2005 -11. The proposed cost of preparing the environmental documents is estimated at $44,635.00. AGENDA ITEM N0. _ PAGE i OF q REPORT TO CITY COUNCIL September 27, 2005 Page 2 of 2 FISCAL IMPACT The cost of preparing the environmental review will be paid by the applicant's fees through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees There is no cost to the City. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to approve an agreement with Mooney, Jones and Stokes to prepare the CEQA compliance documents for Residential Design Review No. R 2005 -12 and LEAP 2005 -11 in the amount of $44,635.00. PREPARED BY: MATTHEW HARRIS SENIOR PI�A�NNER //( /,E' APPROVED BY: � / -4 / �xx x 1V1H1VHlsr.K /� yrri�,� ATTACHMENTS 1.. Copy of Mooney, Jones and Stokes Scope of Work Agreement. 2. Copy, of Classic Pacific Authorization to Proceed Letter AGENDA ITEM NO. PAGE 2 OF W SS �� Mooney • Jones & Stokes n June 22, 2005 Mr. Rolfe Preisendanz City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 RE: Proposal to Prepare an Initial Study /Mitigated Negative Declaration for the Villages at Lakeshore Project Dear Mr. Preisendanz, Mooney • Jones & Stokes, a division of Jones & Stokes Associates, is pleased to present this Proposal -to the City of Lake Elsinore (City) to Prepare an Initial Study /Mitigated Negative Declaration (MND) for the_ Villages at Lakeshore Project. The Villages at Lakeshore Project proposes 146 multi- family dwelling units on approximately 20 acres and includes discretionary review of a Specific Plan, Tentative Parcel Map, Zone Change and Residential Design Review. We are currently assisting the City in review and comment on'the ' project application. It is our understanding that the Applicant is currently revising the technical studies and project application in accordance with the May 31, 2005 'and June 8,2005 comment letters. Based on our review of the project application and technical studies as well as 'several conversations with City staff, it is anticipated that the appropriate California Enviroruriental' Quality Act {CEQA) documentation for the ^ project would be an Initial Study and MND. ( \ SCOPE OF WORK When the Applicant has revised the project in accordance with City comments, Mooney • Jones & Stokes.will review the revised materials. Following our review of the revised technical studies, Mooney • Jones & Stokes will prepare an Initial Study and MND for the proposed project. The proposed scope of work also includes distribution of the MND for public review and finalizing the MND based on public review comments. All environmental documents will be prepared in compliance with CEQA Statutes and Guidelines (Title 14 of the California Code of Regulations, Section 15000 et seq.). Thresholds for determining impact significance will be in accordance with CEQA Guidelines, Appendix G; the City's CEQA Guidelines; and applicable federal; state, and local regulations: The detailed scope of work to be provided by Mooney • Jones &Stokes is provided below. Task I— Assemble Existing Information and Technical Studies Based on the information provided and our understanding of the project Specific Plan, we.are proposing to review technical, studies already prepared by the,project' Applicant -and determine if they are adequate to support the preparation of an MND. It is assumed for purposes of this scope of work that any additional technical studies would be prepared by the Applicant. It is understood that the following technical studies will be available for review and incorporation into the analysis, and the CEQA documents: r\ Preliminary Environmental Due Diligence — MBE, June,6, 2004. , ( 9903 Businesspark Avenue • San Diego, Califomia 92131 • tel. 858.578.8964 • fax 858.578.0573 www.jonesandstokes.com AGENDA ITE10 NO. ".. PAGE --,3 O cl Mr. Rolfe Preisendanz / \ City of Lake Elsinore (`.dl June 22, 2005 Page 2 Historical /Archaeological Resources Survey Report — CRM TECH, October 14, 2004 Phase 1 Environmental Site Assessment — SCG, November 4, 2004 • Geotechnical Investigation - SCG, July 28, 2004 Fault Study - SCG, August 17, 2004 • Acoustical Impact Analysis -Webb, February 14, 2005 Air Quality Impact Analysis - Webb, March 9, 2005 • Traffic Impact Study Report - Webb, 1/ 12/05 Task 2- Initial Study /Draft MND Task 2.1 - Initial Study Under this task, Mooney Jones & Stokes will: • Prepare a comprehensive project descri ption;, • Prepare appropriate figures to identify the proposed project in relation to the regional and local area; • ,Complete the CEQA Initial Study (IS) Environmental Checklist Form (CEQ 1 Guidelines Appendix G, as modified by the City for private development projects); and • Provide Quality Assurance and Quality Control review of all environmental documentation by principal level planner. Q/ Task 2.2.- Draft MND Under, this task, Mooney • Jones & Stokes will: Prepare a Screencheck Draft MND in accordance with CEQA Guidelines. This will include the following sections: ✓ Table of Contents' ✓ Section 1 - Introduction (includes, Project Location, Project Description, Site Characteristics, etc.) ✓ - Section 2 - .Determination (includes a discussion. of - Environmental Factors Potentially Affected by the proposed action and Mitigation Measures to reduce impacts to below a level of significance) 11 - . I ✓ Section 3 - Initial Study /Environmental Checklist Form (includes detailed analysis of all issues) .. .. ✓ Provide Quality Assurance and Quality Control review of all environmental documentation by principal level planner • Submit Screencheck Draft MND to City for review (5 complete copies with all technical studies) • Review all comments from the City • Prepare a revised Screencheck Draft MND with all changes and updates agreed to by the City' • Submit revised. Screencheck Draft MND to the City for review (2 copies). This document will include all sections, figure, appendices, etc AGENDA ITEki '40. PAGE _t J OF_9_, Mr. Rolfe Preisendanz City of Lake Elsinore June 22, 2005 . age 3 .. • Prepare a final Draft MND for public distribution • Prepare the Notice of Intent (NOI), Notice of Completion (NOC), and Notice of Availability (NOA) notices for the Draft MND. The NOA will include. the location, date, and time the comments to the Draft MND are to be received and where copies of the document can be reviewed Task 3 — MND Public Review /Final MND Under this task, Mooney - Jones & Stokes will: • , Distribute copies of the Draft MND (It is assumed for,purposes of this scope that 55 copies with all appendices would be needed for public review)_; This begins the 30 -day public review period. ✓ File the NOI for posting with the County,Clerk ✓ Mail a copy of the NOA to. any person who has filed a written request for notices with either the clerk of the governing body or,the.director of the agency. ✓ Send 15 copies of Draft 'MND to the State Clearinghouse (include CEQA Notice of Completion (NOC) Form) via M Certified Mail or Federal Express. ✓ Send copies of Draft ND to affected agencies and groups (e.g., cities, counties, local planning groups, etc.) ✓ Publish a copy of the NOI in local newspaper. ✓ Mail a.notification of NOA availability.to all owners, occupants and /or tenants_.4property within 300 feet of the site. (The City, may wish ;to expand the mailing area to include additional stakeholders). ✓ Deliver a copy of the Draft MND to the:Main and local Libraries. ✓ Make an electronic copy of the Draft MND for the City's website. • Compile and file a copy of all notices, newspaper ads, and all letters received in response to the Draft MND. • , Prepare a copy of all letters and comments, received, in response to the Draft MND. Each issue raised in the comment letters will, be assigned, a number that corresponds to, the appropriate response: • Prepare appropriate responses (RTCs) for all comments received. Response to, comments includes up to 30 individual comments. Costs to respond to an extensive number of comments or comments raising legal challenges which require attorney review will be evaluated at the end of the public review period. Submit a draft of the RTCs to the City for review. • Prepare a Screencheck Final MND in accordance with CEQA Guidelines. The Final MND will include a copy of the Draft MND with responses to comments and changes and additions to the text. The Final MND will not include appendices that were included with the Draft MND. If changes to the technical reports are required, errata sheets.will be include in the Final MND. , Prepare a Draft Mitigation Monitoring. and Reporting Program (MMRP).in accordance with CEQA Guidelines. Submit Screencheck Final MND and WARP to the City for review. (5 copies of all documents) • Review all comments from City. AGENDA ITEM NO._ C� PACE_OF_�� Mr. Rolfe Preisendanz City of Lake Elsinore June 22, 2005 Page 4 • Prepare the revised Final MND and MMRP with all changes and updates agreed to by the City. • Distribute'Final MND (10 copies) and notifications of the Final MND: "✓ A final copy of the MND must be filed with the appropriate planning agency'of any city, county, or city and county where significant effects on the environment may occur. ✓ At least 10 days before certifying the Final MND, provide a written proposed response to all public agencies that commented on the Draft MND. ✓ Send copies of Final MND to affected agencies and groups (e.g., cities, counties,'local planning groups, etc.) ✓ Mail a notification of availability to all owners, occupants and /or tenants of property within 300 feet of the site.' The notification letter should include the date, time and location for any public hearing for certification of the Final MND and approval of the proposed project. Again, the City may wish to expand the "mailing area to include additional stakeholders. ✓ Deliver a copy'of the Filial MND to the Main and local Libraries. ✓ Make an electronic copy of the Final MND for the City's website. Prepare a Notice of Determination (NOD) for filing with the County Clerk's Office and the State Clearinghouse. • Prepare a Certificate of Fee Exemption (De Minirnis Impact Finding) for submittal to the California Department Fish and Game (CDFE); pay CDF'E fee of $1,250 plus County fee of $25. Once ' the Final MNO is certified by the City's Board, file the NOD and the Certificate of Fee Exemption with the County Clerk's Office and send a copy to the State Clearinghouse. Task 4— Public/ Community Meetings and Hearings Under this task, Mooney • Jones & Stokes will: Attend up to two additional meetings with the local community groups. • Attend the City's Planning Commission and City Council public hearings for certification of the Final NIND; adoption of the MMRP, Findings, etc. Mooney • Jones & Stokes will be responsible for preparing any graphics requested for this meeting and answering any question related to the MND process or content. Task 5 — Project Coordination Under this task, Mooney • Jones & Stokes will: Q..d Attend periodic meetings with the City to review project progress and clarify any changes to the environmental process due to adjustments in the overall project design or schedule. • Provide the City with period progress reports, as requested. • Assist with City with the preparation of any documents for the Final MND Planning Commission and City Council hearings. / COST ESTIMATE �f AGENDA ITEM j N�O. PAGE LI' pF_C4_ is b1r. Rolfe Preisendanz City of Lake Elsinore - �une 22, 2005 age 5 The total cost to complete the scope of work described'above is estimated to be $44,635. A detailed cost estimate for all work described, above is attached. The costs are on a time and material basis, not -to- exceed the total amount shown on the cost estimate without prior written authorization from the City. Our cost estimate includes production of the limited number of.screencheck documents, mailings, notices, and filings described in the scope of work presented herein. SCHEDULE The Initial Study and Draft MND will be completed 'and submitted for review by the City within two (2) weeks of the submittal of a complete application, as defined by CEQA. Based an our knowledge of CEQA and our experience with completing environmental documents for projects, we estimate that it will take Approximately five (5) to seven (7) months to complete all phases of environmental - review process. KEY STAFF Jim Harry, Senior Environmental Planner, is our proposed Project Manager for day -to -day coordination with the City. Jim has over 13 years of experience in project management and preparation of CEQA documentation and recently served as staff responsible for processing development applications with the City of San Diego Planning Department. Paul J. Amberg, Senior Project Manager /Environmental Planner, has more than 35 years of experience will be responsible for ensuring quality assurance and project oversight. Paul reviewed and commented on the project application and, therefore, is very familiar with the project issues. Russ Hunt was also involved in reviewing the project application and will coordinate closely with City staff on planning issues as needed. I hope this proposal meets your needs. If you have any quesuons concerning our proposal and cost estimate, or if we can be of any further assistance, please donor hesitate;to,call Jim Harry or myself at (858) 578 -8964. Sin Y> Brian F. Moone A1CP Managing Princi al ! - Attachment: Cost Estimate G: \Pr m lr \Gq oflokrE ffo \PI23 IDf Gay ofLnke. Eld.xn Il&,&,aJ Lk<"b I iJLJJSId,&AIND \P113I.03 I'ill'S"uJ lokrdmrt P.P Lda + l AGENDA ITEM NO. PAGE _Z_OF_— — C u_ V 0 U 0 z i m C m 0 m ' u Q 6 Q 0 g N w ACEN ®Aitum Nt. PAGE "Y' - of Cl N CT m a � ul 4 C 0 O x m N N O N O d d m N m N m m W J W. ' N OI W m l9 « X w m W w O 0 .. U o:m:d: n:N: W:u�:o iN• 0 n o a f C u_ V 0 U 0 z i m C m 0 m ' u Q 6 Q 0 g N w ACEN ®Aitum Nt. 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PAGE "Y' - of Cl n n CLASSIC PACIFIC September 15, 2005 Mr. Matt Harris Senior Planner City of Lake Elsinore 130 South Main Lake Elsinore, CA 92530 Y OF LAKE ELSINOh RECEIVED SEP 16 2005 PLANNING DEPT RE: Authorization to proceed with Mooney, Jones & Stokes Proposal for Initial Study/Mitigated Negative Dec. for the Villages and Lakeshore Dear Mr. Harris: Classic Pacific, Ltd., a Delaware Corporation and the current owner of the Villages of Lakeshore Property, hereby authorizes Mooney, Jones & Stokes to proceed with the preparation of the Initial Study/Mitigated Negative Declaration for the subject property. Noting the proposal preparation date of June 22, 2005, we would hope that Mooney, Jones & Stokes along with City Staff will be able move quickly in preparation, review and approval of the subject property, while recognizing CEQA. time requirements etc. Should you or the Mooney, Jones & Stokes Team have any questions or if we could be of any further assistance please do not hesitate to call Sandy Chandler at Webb and Associates (951.686.1070) or myself. Pacific Ltd. Gordon Craig —' President Homebuilding Division Cc: Sandy Chandler 3197 B Airport Loop Drive, Costa Mesa, CA 92626 TEL .714.885.8900 FAX 714.885.8901 AGENDA ITEM N0. —� PAGE 61 OF `I n CITY OF LAKE ELSINORE" REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE:, SEPTEMBER 27,,2005; SUBJECT: AUTHORIZATION TO PREPARE CEQA COMPLIANCE DOCUMENTS AND.ONE (1) "PUBLIC OUTREACH" MEETING FOR ANNEXATION NO 74; " THE ANNEXATION OF FORTY -FIVE (45) . PARCELS OF "ISLAND" AREA LOCATED. WITHIN THE COUNTY OF RIVERSIDE.' BACKGROUND The City of Lake Elsinore serves as. the lead agency to evaluate the environmental n impacts of projects proposed within. the City.. The ,Community Development Department is responsible for the preparation of the necessary information .and, depending on the scope and size -'of the' will either prepare the environmental documents in -house or have'a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant through the application fee process. Centex Homes has agreed to fund the cost(s) associated with the subject annexation, which includes forty-five (45) parcels of land located within the County of Riverside (See Attached). DISCUSSION In response to a request by the Local Agency Formation Commission (LAFCO) for Riverside County, the City of Lake Elsinore, in cooperation with Centex Homes, will be initiating a request to annex 45 parcels of county "island" land into the incorporated City Limits of Lake Elsinore (See Attached). Due to the scope of the proposed annexation, staff has requested that HDR Engineering, Inc. prepare both the CEQA documents (Initial Study and Mitigated Negative Declaration) and coordinate a Public Outreach Meeting. The proposed cost of preparing the environmental review and the conducting the "outreach meeting" is estimated at n $53,854.00. PACC Report HDR Proposal Centex.Homes.Island Annexation.doc gGENDA ITEM NO. PAGE�_OF 4_ CITY COUNCIL STAFF REPORT Page 2 of 2 ANNEXATION NO. 74 FISCAL IMPACT The cost of preparing the environmental review and outreach meeting will be paid by the applicant's fees through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to approve an agreement with HDR Engineering, Inc. to prepare the CEQA compliance documents and the Public Outreach Meeting for Annexation No. 74. in the amount of $53,854.00. PREPARE_ D BY: ROLFE PREISENDANZ PLANNING MANAGER APPROVED BY: ITY MAKAGE OFFICE ATTACHMENTS 1. Copy of HDR Scope of Work and Agreement. PACC Report HDR Proposal Centex Homes Island Annexation.doc AGENDA ITEM NO. PACE OF August 31, 2005 Mr. Rolfe Preisendanz, Planning Manager City of Lake Elsinore Community Development Department Planning Division 130 South Main Street Lake Elsinore, CA 92530 RE:. Proposal for Preparation of California Environmental Quality Act (CEQA) Compliance Documentation Services - Initial Study and Mitigated Negative Declaration -Island Parcels Annexation City of Lake Elsinore .:Dear Rolfe: .. HDR appreciates the opportunity to prepare this proposal for the preparation of California Environmental Quality Act (CEQA) documentation services for the City of Lake Elsinore, Community Development Department, Planning Division. HDR is familiarmith City of Lake Elsinore CEQA procedures and requirements, and has prepared numerous residential and commercial project CEQA documents. Ms. Wendy Worthey.is the proposed HDR project manager for the Island Parcels Annexation CEQA documentation (Initial Study and Mitigated Negative Declaration [MND]) effort. Wendy has over 15, years of comprehensive CEQA compliance experience and has been involved with complex, environmental documentation efforts for a variety of residential projects throughout southern California. Pursuant to your "request; the attached scope of work and cost proposal outlines tbe,CEQA documentation requirements for the preparation of an Initial Study, and MND for the Island Parcels Annexation project.. , Please review the attached scope of work/fee proposal and contact the undersigned should you have any questions or require further information or clarification. HDR is prepared to begin work immediately on the CEQA documentation effort upon receipt of notice to proceed from the City of Lake Elsinore. Please. contact Wendy Worthey at 858.712.8380 if You have any questions or comments. " Sincerely, Be / /ttyD /honey Wendy orthe ;.. , E&RMProgram onager - Environmental Manager Attachments: Scope of Work / Cost Proposal Hourly Rate Schedule General Terms and Conditions 1 HDR Engineering, Inc. 8690 Balboa Avenue 858- 712 -8400 ' Suite 20D 858- 712 -8333 (tax) San Diego, CA 92123 AGENDA ITEM NQ. )10 kn_ PAGE -3 OF I 1 Scope of Work August 31, 2005 Q Initial Study and Mitigated Negative Declaration Centex Homes City of Lake Elsinore, California This scope of work for preparation and processing of an Initial Study (IS) and Mitigated Negative Declaration (MND) has been developed based upon information provided by the City of Lake Elsinore (City), Community Development Department; ' Planning Division, Centex Homes (Applicant), California Environmental Quality Act (CEQA) Statute (Public Resource Code Sections 21000 - 21177), the CEQA Guidelines (Sections 15000- 15387) and City of Lake Elsinore, California Environmental Quality Act (CEQA) implementing procedures and requirements. Although the City does not anticipate unavoidable adverse impacts resulting from the proposed project, a determination on the appropriate type of CEQA document will be made upon completion of the IS.' Should the IS conclude that there are unavoidable significant impacts an Environmental Impact Report (EIR) would be required. Project Understanding It is our understanding that Centex Homes has submitted a request to'the City of Lake Elsinore, Planning Division for annexation of 45 parcels of land from the County of Riverside to the City of Lake Elsinore. The annexation involves 26 occupied and 19 vacant parcels currently zoned under the County'of Riverside and totals 154.0 acres. Based upon ongoing discussions with the City and the Applicant, it appears that a Mitigated Negative Declaration (MND) would be the appropriate type of CEQA documentation for the 'proposed project. This MND will be prepared in' accordance with CEQA Guidelines and will include environmental impact analysis. HDR also understands that time is of the essence and that the Applicant has an aggressive CEQA document preparation and processing schedule. Should it be determined that an EIR is the' appropriate CEQA document, HDR will prepare a separate scope of services and cost estimate for this additional effort. The IS and MND are being prepared under I the assumption that the annexation is not for the' purposes of development. Should it be discovered that there are plans to develop any'of the 19 vacant parcels or modify the 26 occupied parcels the scope of services would be revised to include additional studies and impact analysis as required per CEQA. Further, any increase in this scope of services would result in additional costs for these efforts. It is assumed that technical studies and related information will be prepared and provided on behalf of the Applicant, and provided to HDR for use in preparing the IS and MND (must be available in both hardcopy and electronic formats). The exception, would be Biological Resources and Cultural Resources technical reports prepared on behalf of HDR. Task 1 and 2— Project Initiation and Coordination All project initiation and coordination activities will occur under this task. This would include the following components: 1 August 31, 200 AGENDA ITEirI NQ. pAcle- q__ CP__ _- ___- ``!!!!'!1__u— tt- tt�� -- --- • Coordination with City and Applicant to- gather all necessary data and information; - • Development of an appropriate "table of contents" for the document; n • Preparation of Biological Technical Report; , . • Preparation of Cultural Resources Report, • Discussion with regulatory agencies, as appropriate, to identify their approach to resource protection in this area; • Printing costs associated with distributing pertinent information to sub - consultants so they can complete their work; and • Identificationof additional data needs'. Task 3 — Initial Study HDR will prepare an IS checklist pursuant to Section 15060 -15065 of the.CEQA Guidelines and City of Lake Elsinore, California Environmental Quality Act (CEQA) implementing procedures and requirements. Based upon information provided by the. Applicant and the City, HDR will perform a Quality Assurance /Quality Control on the checklist and then finalize the IS. This will involve a determination that all necessary information has been provided in-the IS and that the document is appropriate for public review. Preparation of the IS will be 'based on existing available public information to,.the. maximum ,. extent practical.- In addition, technical studies prepared by others will be referenced in, the IS. The IS will (I) describe the proposed project and any related offsite infrastructure improvements, (2) document the environmental conditions on the project site for a variety of factors, (3) determine the level of impact to onsite environmental resources, if any, and (4) make the CEQA mandated findings. - HDR will assist the City of Lake Elsinore Planning Division with preparation/distribution of the Initial Study.. This scope of work assumes that HDR, will prepare and distribute the Initial Study (up to 50 copies), as needed: Task 4 — Mitigated Negative Declaration It is assumed that there will be no environmental impacts that cannot be mitigated to an insignificant level, thus a MND would be the appropriate type of CEQA document. If potentially significant environmental impacts are identified in the Initial Study, HDR will consult with the City to determine the appropriate course of action. The MND will be prepared in accordance with CEQA guidelines and requirements. Draft Initial Study and MND— Submittal to City for Review HDR will submit three copies of the Draft IS and MND for City and Applicant review. Following City review of the Draft IS and MND, HDR will finalize the IS and MND and incorporate necessary changes. HDR assumes that changes will be minimal due to early consultation with the City and previous review of technical reports by HDR and City personnel. HDR assumes that 50 copies of the Draft IS and MND will be provided for distribution. HDR ' Although not anticipated, HDR is aware that changed site conditions or regulations occasionally result in the need to amend the contract scope and costs.. HDR would coordinate any additional needs to both the . City and Applicant for approval. - - - _ ,•, ' 2 August 31; 2005.`a AGENDA ITEM NO. PAGE Jr OF 1�_ will prepare the. MND for public circulation and review, and will assist the City in transmitting the required copies to the State Clearinghouse'. HDR will prepare /distribute the Notice of hitent to Adopt (NOI) containing a discussion of the project description and CEQA requirements. Mitigation Monitoring and Reporting Program HDR will prepare a Mitigation Monitoring and Reporting Program (MMRP) and matrix in ,table format for submittal to the City and Applicant after comments have been received at the close of the public review period. The MMRP will contain a compilation of mitigation measures identified in the MND. These mitigation measures and the established MMRP will be fully consistent with City policies and programs and will meet the requirements of Section 21081.6(a) of the Public Resources Code. Task 5 — Public Outreach Meeting As recommended by the Local Agency Formation Commission (LAFCO) for Riverside County, HDR will assist the City in conducting one (1) public outreach meeting for existing land parcel owners that may be affected by the proposed annexation. HDR will produce an informational brochure, descriptive graphics, display boards, etc. for the public meeting. Further, a PowerPoint presentation will also be prepared by HDR for the City's use during the presentation. Task 6 - Attendance at City Hearings This scope of work includes an allowance for a total of two (2) meetings related, to the project. This includes the following: one Planning Commission public hearing and one City Council public hearing. The estimate includes attendance, preparation, travel, and follow -up. HDR will attend any additional required meetings beyond this allowance, if requested, and will be invoiced in accordance with current fee schedules, following receipt of written authorization to proceed. a Should it be necessary for the City,to require assistance for Response to Comments; HDR will prepare a separate scope of services and cost estimate for this additional effort. . 3 August 31, 2005 AGENDA ITEM W._ -_� PAGE_— Gl' — =; Lai Q Schedule HDR understands that time is of the essence and.the CEQA environmental documents,will be f prepared in an efficient manner. The following schedule depicts the IS/MND preparation and review process schedule and includes the major project CEQA milestones- TASK DURATION 1 and 2 -: Project Initiation and Coordination — Includes the 4 weeks timeframe for preparation and completion of the technical, studies 3: Initial Study Prepare Initial Study 'I week ' 4: Mitigated Negative Declaration Prepare Draft MND 1 week Internal QA/QC Process 1. week,' City Review of Draft IS and MND I week' Finalize IS and MND and Prepare MMRP 1 week ' CEQA Required Public. Review Period 30 days 5: Public Outreach Meeting (including preparations) 1 week 6: Attendance at Meetings, Public Meetings and Hearings Ongoing n Estimated Time -Line for IS & MND Preparation Approximately 14 weeks ° This review period is just an estimate, dependent on City of Lake Elsinore schedule Cost Estimate The following cost estimate has been prepared to outline costs to complete the above outlined ( 1 scope of work tasks. Reimbursable expenses, including travel /computer, technology charges, etc. `+c/ will be invoiced in accordance with HDR standard rate schedule. Document reproduction is an " estimate only and a detailed estimate will be obtained prior to document production. Costs are based upon the HDR standard hourly rate sheet (Attachment A). TASK COST 1 and 2 — Project Initiation and Coordination Project Initiation and Coordination $9,955 Cultural Resources $800 Total Task 1 and 2 $10,755 3 - Initial Study Preparation Total Task 3' $16,993 4 — Mitigated Negative Declaration Prepare IS/MND $7,928 Mitigation Monitoring and Reporting Program (MMRP) $4,830 Total Task 4 $12,758 5 — Public Outreach Meeting Total Task 5 $5,488 6 — Meetings Two public hearings (2 meetings) $2,160 Total Task 6 $2,160 Document Reproduction* / Reimbursables IS/MND (50 copies) $2,000 MMRP (20 copies) $500 Brochures and Display Graphics for Public Outreach Meetings $2,000 Mailing/Postage $600 Travel $600 Total Reimbursables $5,700 Grand Total $53,854 ' Document printing costs can be eliminated if the Applicant prefers to use a direct bill reproduction account. Should the need arise for additional professional services beyond those set forth in the scope of services due to revisions to the project, the regulatory environment, requirements exceeding our specified budget allowances, HDR will only undertake such additional services upon receipt of authorization by The City of Lake Elsinore. 1 LR 5 August 31, 2005, U AGENDA ITEM ND. PAGE � GF--Lft_ n n Authorization By signing below, the parties are accepting the attached Terms and Conditions, and are authorizing HDR to proceed with the proposed scope of work. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 31s' day of August 2005. "AGENCY" — City of Lake Elsinore BY: NAME: TITLE:' ADDRESS: 130 South Main Street Lake Elsinore, CA 92530 HDR ENGINEERING, INC. "ENGINEER/PLANNER" BY: NAME: Betty Dehm TITLE: E &RM Program Manager ADDRESS: 8690 Balboa Avenue Suite 200 San Diego, CA 92123 6 August 31, 2005` AGENDA ITEM NO. 1� PAGE�_OF ATTACHMENT A Hourly- Rate Schedule FDR August 31, 2005 AGENDA ITEM NO. I.� PAGE 10 GF_J�j_ ONE COMPANY Many Solutions'" n 2005 Schedule of Charges for Professional Services LABOR Engineers Senior Company Officer $226 Senior Principal Engineer $210 Senior Engineer Section Manager $190 Senior Project Manager $185 Senior Engineer $165 Project Manager $135 Task Manager $127 Project Engineer $115 Associate Engineer $100 Staff Engineer $82 Junior Engineer $71 Engineering Intern $50 Architects Arch. Senior Project Manager $150 Arch. Project Manager $130. Specification Writer $110' Project Architect/Senior Designer $110 Project Designer $170 Assistant Project Designer $80 Architectural Intern $50'' I ,entists and Environmental Planners Environmental Director $206 Regional Director $190 Environ. Senior Project Manager $165 Environ. Project Manager $135 Senior Scientist/Planner $120 Project Scientist/Planner $105 Associate Scientist/Planner $98 Staff Scientist/Planner/Field Monitor $87 Junior Scientist/Planner/Field Monitor $78 Environ. Intern $50, Technicians Senior Technician $108 Project Technician $99 Staff Technician $78 GIS GIS Manager $110 GIS Operator $105 GIS Staff Operator $99 Administrative Personnel Contracts Manager $109 Project Coordinator $85 Word Processor $67 Clerk $41 OTHER DIRECT COSTS In -House Expenses Vehicle Mileage (Per Mile) • Photocopies (per copy) Plotting (per square foot) Mylars Vellums Color Bluelines $0.405 $0.10 $3.00 $1.00 $2.00 $1.00 Outside Expenses (reimbursed at 15% marku • Contract Services - Subconsultants, typing services, printing, etc. • Miscellaneous Supplies - Equipment rental, project- specific supplies, etc. • Task Order related travel expenses - lodging, airfare, meals, car rentals, etc. -Mailing - postage, courier, overnight delivery, etc. Communication - long distance telephone, fax, etc. AGENDA ITEM _ OF 10 I PAGE �1 ��-Fi — ATTACHMENT B ,t General Terms and Conditions - August 31, 2005 ` AGENDA ITEM NO. U PACE t �' OF HDR ENGINEERING, INC.. General Terms and Conditions 1, STANDARD OF PERFORMANCE I 1 ._ The standard of care for all professional engineering, consulting and related services performed or furnished by CONSULTANT and its employees under this Agreement will be the care and skill ordinarily used by members of CONSULTANT's profession practicing under the same or similar circumstances'al the same time and in the same locality. CONSULTANT makes no warranties, express or implied, under this Agreement or otherwise, in connection with CONSULTANT's services. _ 2. INSURANCE - CONSULTANT agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employers Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property , damage covering all vehicles, including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by . negligent acts, errors, or omissions for which CONSULTANT is legally liable. Upon request, OWNER shall be made.an additional insured on Commerciaf General and Automobile Liability insurance policies and certificates of insurance , will be F furnished to the OWNER. CONSULTANT agrees to indemnify OWNER for the claims covered by CONSULTANT's insurance. ( ) 3. This section not used. 4. This section not used. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where CONSULTANTS services are performed. 6. OWNER - PROVIDED SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to the project in OWNER's possession, and any requirements or budgetary limitations. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER- furnished documents, information and services. In performing professional services hereunder, it is understood by OWNER that CONSULTANT is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNER's legal and financial interests. 7. SUCCESSORS AND ASSIGNS OWNER and CONSULTANT, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor CONSULTANT will assign, sublet, or transfer any interest in this Agreement without the written consent of the other. 8. REUSE OF DOCUMENTS None of the documents, including all reports, drawings, specifications, computer software or other items prepared or ^ furnished by CONSULTANT pursuant to this Agreement, are ( i intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by CONSULTANT for the specific purpose intended will be at OWNER's sole risk and without liability or. legal exposure to CONSULTANT, and OWNER will defend, indemnify and hold harmless CONSULTANT from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by OWNER and CONSULTANT, . 9. TERMINATION OF AGREEMENT .OWNER or CONSULTANT may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the •other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement, the, . final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable "adjustment shall also be made to provide for termination settlement costs CONSULTANT incurs as a result of " commitments that had become firm before termination, and for a reasonable profit for services performed. - 10. SEVERABILITY.; If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, - term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES CONSULTANT will submit monthly invoices for services.. rendered and OWNER will make prompt payments in response to CONSULTANTS invoices. CONSULTANT will retain receipts for reimtiursable'expenses in :general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request.. If OWNER disputes any, items in CONSULTANTS invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify CONSULTANT of the dispute and request clarification and /or correction. After any dispute has been settled, CONSULTANT will include the disputed item on a subsequent, regularly scheduled invoice, or on'a special invoio for the disputed item, only. .'.. _ ,.. . ;... ... .OWNER recognizes that late paymentpf invoices results in extra expenses for.CONSULTANT. ,CONSULTANT retains the right to assess OWNER interest at the rate of one percent (I )'per __,' month, but not to exceed the maximum rate allowed by law, on invoices'which are not paid within forty-five (45) days from the date of the invoice." In the event undisputed portions of - .. CONSULTANTS invoices are not paid when due, CONSULTANT also reserves the right, after seven (7) days prior written notice ; to suspend the performance of its services under this Agreement unfit all past due, amounts have been paid in full. 12. GRANGES v 1 AGENDA ITEM NO. (9/2004) PAGE OF�_ The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by CONSULTANT are estimates to perform the services required to complete the project as CONSULTANT understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. in any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. CONSULTANT will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable, adjustment shall be, made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT' These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any - proposal, purchase order, requisition, notice- to-proceed, or like document. In resolving inconsistent or contradictory provisions between this Agreement and the Task Order pertaining to a specific project, the terms of the Task Order shall control. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, CONSULTANT agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents that, to the best of its knowledge and. belief, it has disclosed to CONSULTANT the existence of known hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, biohazards'or radioactive material located at or near the project site, including type, quantity and location of such hazardous - materials. OWNER acknowledges that CONSULTANT is not and shall not be considered (i) the owner of hazardous materials, substances; or wastes in performing services for the project; (ii) the operator of a waste management facility; (iiiithe generator, storer, or disposer of hazardous or solid waste; or (iv) to have arranged for the transportation or disposal of any wastes; pollutants, or contaminants by virtue of the performance of CONSULTANT's services under this 'Agreement or anything contained herein, as those terms are used in the Resource Conservation and Recovery Act' ( °RCRA °), as amended, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA "), as amended, or any other federal, state statute or regulation governing the treatment, transportation, storage, or disposal of substances, materials or wastes. If CONSULTANT's services hereunder cannot be performed because of the existence of undisclosed hazardous materials, CONSULTANT shall be entitled to terminate this Agreement for cause on 7 days , written notice. To the fullest extent permitted bylaw. OWNER shall indemnify and hold harmless CONSULTANT, its officers, director's, partners, employees, and subcensultants from and against all costs, losses, and damages (including but not limited to all fees and charges of CONSULTANTS, architects, attorneys, and other professionals, and all court or arbitration' mother dispute resolution costs) caused by, alleged to be caused by, arising out of or resulting from such materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in HDR Engineering; Inc. General Terms & Conditions for 2 Engineering and Environmental Services this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between CONSULTANT and OWNER, supersedes and controls over prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. LIMITATION OF LIABILITY CONSULTANT's and its employees' total liability to OWNER for any toss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including CONSULTANT's and its employees' professional negligent acts, errors, or omissions, shall not exceed the lesser of $50,000 or the total compensation received by CONSULTANT hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless CONSULTANT and its employees from any liability above such amount. 18. LITIGATION SUPPORT In the event CONSULTANT is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which CONSULTANT is not a party, OWNER shall reimburse CONSULTANT for reasonable costs in responding and compensate CONSULTANT at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 19. This section not used.. (912004) AGENDA ITEM NO. ta PAGE ILA l 1 ' ORDINANCE `NOA161 ; - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO. 2004 -01 CHANGING THE ZONING DESIGNATION OF THE PROPERTY, GENERALLY LOCATED NORTHWEST. OF. RIVERSIDE- AVENUE, SOUTHEAST OF MACHADO STREET,,AND NORTH:OF GRAND AVENUE, BETWEEN :ULLA AND TILLER LANES FROM R -1. SINGLE. FAMILY.; RESIDENTIAL DISTRICT AND R -2 MEDIUM DENSITY. RESIDENTIAL DISTRICT TO SPECIFIC PLAN UNDER THE- ZONING ORDINANCE 'WHEREAS, Bart Hornstein, has initiated proceedings to change the zoning designation of the subject property generally located northwest of Riverside Avenue, southeast of Machado Street, and north of Grand Avenue, between Ulla and Tiller Lanes from R -1 Single Family Residential District and R -2 Medium Density Residential District to Specific Plan; and .WHEREAS, the Planning, Commission of the City of Lake Elsinore at a•regular meeting held on July 19, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of said Specific Plan No. 2004 -01 by adopting Planning Commission Resolution No. 2005 -89 recommending to the CityCouncil approval of Specific-Plan No. 2004 - 01; and _ WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to, this item on August 23, 2005; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY ORDAIN as follows: SECTION 1. The City Council has considered the proposed Specific Plan No. 2004 -01, prior to making a decision to approve the proposed amendment to the Land Use Designation and establish a Zoning Designation. The City Council 'finds and determines that Mitigated Negative Declaration No. 2005 -02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project and recommends City Council, certification, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings, for the approval of Specific. Plan No. 2004 -61 have been made as follows: 1. The proposed 'one change will not be; a) ,detrimental to the health, safety, comfort or general welfare. of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements C:\Documents and Settings \fray\My Documents\Fray \Ordinances \Ordinances for Council approval \CC RESO Change of Zone Ordinance I I61.0823.doc AGENDA ITEMjjNO. 3 I PAGE I OF 3 CITY COUNCIL ORDINANCE NO. 1161 Page 2 of 3 SPECIFIC PLAN NO. 2004 -01 in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed project. Staff, concluded, based on the Traffic Study, that the Level of Service for the intersections in the Study Area will not be degraded as a result of the mitigations and conditions of approval placed on this project as well as the ultimate goals and objectives of the General Plan Circulation Element. 2. The proposed action will be consistent with the Goals, Objectives; and Policies of the General Plan and the development standards, established with the ,Lake Elsinore Municipal Code (LEMC). ! Based on its analysis, staff has concluded that the requested Zone Change, allowing the development of the subject Specific Plan project is consistent with GOAL 1.0 of the General Plan Housing Element, obligating the 'City to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore ". SECTION TWO: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: generally located northwest of Riverside Avenue, southeast of Machado Street, and north of Grand. Avenue, between Ulla and Tiller Lanes from R=1' Single Family Residential District and R -2 Medium Density Residential District to Specific Plan. Approval is based on the following: t 1. The proposed Zoning is consistent with the Goals; Policies, and Objectives in the General Plan. . 2. The proposed Zoning is consistent with the General Plan and the various land uses authorized by the Ordinance are compatible with the objectives, policies, general land uses, and programs specified in the Plan. (Government Code Section 65860). 3. 'Reason's why the City has considered the effect of Zoning Ordinances on the regional housing; needs in which the City is located and how the City has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 65863.6). ^ CITY COUNCIL ORDINANCE NO. 1161 f Page 3 of 3 SPECIFIC PLAN NO. 2004-01 n SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of August, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27`h day of September, 2005, upon the following roll call vote: I Yl a cAK 8I fl k [ 8j i� i :l & 1:7 :l 7.1 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Robert Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, Deputy City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney /1 City of Lake Elsinore (SEAL) AGENDA ITEftI NO._ _3 � _ PAW �.ri� ,i .. , ,. _ r." . � %: �_ i, '' �.ri� n ORDINANCE NO. 1162 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. 13 (VILLAGES AT WASSON CANYON) ANNEXED TO SAID DISTRICT WHEREAS, on July 12, 2005, the City Council (the "Council') of the City> of Lake Elsinore, California (the "City') adopted .Resolution No. 2005 -64 stating . its intention `to annex certain property ( "Annexation Area No. 13 (Villages at Wasson Canyon) ") into City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) (the "District ") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended; (the "Act'); and WHEREAS, notice was published;. as required by law. relative to the 1. intention of the .Council to annex, Annexation Area. No. 13- (Villages: at Wasson, . n Canyon) into the District; and WHEREAS, on September 13, 2005 'this Council held a noticed .public hearing as required by law relative to the determination to` proceed with the annexation of Annexation Area No. 13 (Villages at ,Wasson Canyon) into the District and the rate and method of apportionment and manner of collection,of the special tax to be. levied .within Annexation Area .No.,,13 (Villages at Wasson. Canyon) to finance certain public services; and, WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the, annexation of Annexation •Area No. 13 (Villages at.,Wasson Canyon) were heard and a full and fair hearing was held; and . WHEREAS, the Council .subsequent, to. said hearing adopted Resolution No. 2005- . determining , the validity, of prior proceedings relative to .the, annexation of Annexation Area No.. 13 (Villages at., Wasson Canyon), annexed Annexation Area No.' 13 (Villages at Wasson Canyon) into the District- and authorized the levy of a special tax within Annexation Area No. 13 (Villages at Wasson Canyon); and WHEREAS, the Council_ subsequent to said hearing adopted Resolution No. 2005- which called an election within Annexation Area No. 13 (Villages at Wasson Canyon) for September 13, 2005 on the proposition of levying a special tax; and WHEREAS, on September 13, 2005 an election was held within each Annexation Area No. 13 (Villages at Wasson Canyon) in which the eligible electors approved by more than two - thirds vote the proposition of levying a special tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES), DOES ORDAIN AS' FOLLOWS: Section 1. A special tax is levied within the boundaries of Annexation Area No.. 13.(Villages at Wasson Canyon) pursuant to the formula set forth` in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to, finance a portion of the cost - of'providing'law enforcement, fire and paramedic services that are in addition to those provided in the: territory ' within Annexation'. Area No. 13 (Villages at Wasson Canyon) prior to the annexation of Annexation Area No. 13 (Villages at Wasson. Canyon) into the District, periodic costs, and costs of the tax levy and collection. Section 2. This legislative body is hereby further authorized each year, by resolution' adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit Section 3. ' -.' All of the collections of the special 'tax shall be used as provided for in the Act and Resolution'No. 2005- of the Council. Section 4. The above authorized special tax shall be' collected in the same manner as ordinary ad valorem taxes are collected and shall be'subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes. " Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within 3 2 AGENDA ITEM NO. a PACE OF n fifteen (15) days after its passage at least once in 'a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the 'full. text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance. Section 6. This ordinance relating to`the levy of the special'tax takes effect and shall be' in ` force 'from'and after 30 days from the date of final' passage., A copy of. this '"ordinance' shall be' transmitted to the Clerk of the' Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County. PASSED, APPROVED AND ADOPTED this 13 day of September, 2005 AYES: WiII3 ABSENT: ABSTAIN: ATTEST: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE Frederick Ray, Deputy City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney Robert E. Magee, Mayor 3' AGENDA ITEM NO. �_ PACE�_OF l V STATE OF CALIFORNIA ) )ss• COUNTY OF RIVERSIDE ) _ I, Frederick Ray, Deputy City,, Clerk of the City.of Lake Elsinore, do hereby certify that the foregoing ordinance was duly adopted by the City Council of said City at a regular or adjourned regular meeting thereof held on the - day. of 2005, and that it was so adopted,by, the following vote: AYES: NOES: ABSENT: ABSTAIN: By: Frederick Ray, Deputy City Clerk -, 1 - Q.s/ 4 AEAt ®A ITEM N0. PACE LA OF n NOTICE OF ADOPTION OF ORDINANCE NO. 1162 NOTICE IS HEREBY GIVEN that on September I3, 2005,• at;tli Council Chambers of the City `of Lake Elsinore, 1'83 Norih Main Street, Lake Elsinore, California 92530, the City Council of the City of Lake Elsinore; m1ts capacity as the legislative body of the City of Lake Elsinore Community Facilities District No.. 2003 -1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. • ,A summary of Ordinance No., 2005, - , follows and is marked as Exhibit "A ": At- said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard Ordinance No. 2005 — was adopted by the following vote:' AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL OF THE'CITY OF LAKE ELSINORE, ACTING AS THE' ' LEGISLATIVE BODY OF' THE CITY, OF' LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT,'- FIRE AND - PARAMEDIC SERVICES) '' Dated: 2005: • By: Frederick Ray; Deputy City Clerk 5 AGENDA ITEM N0. 3 � PACE S._ 0F � ().. - 'EXHIBIT 6. A BEFORE THE CITY COUNCIL OF THE CITY OF , LAKE ELSINORE IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE: CITY, OF LAKE. ELSINORE COMMUNITY FACILITIES DISTRICT NO. ,2003 -I (LAW ENFORCEMENT, ,FIRE -AND PARAMEDIC SERVICES) • 1 IN THE MATTER OF ) ORDINANCE NO. 1162 Authorizing the Levy of a ' SUMMARY - Special Tax Within )., . Annexation Area No. 13 (Villages at Wasson Canyon) ) Annexed to City of Lake ) Elsinore Community ) Facilities District No. 2003 -1 ) (Law Enforcement, Fire and Paramedic Services) Qs/ The ordinance authorizes levy of. an annual special tax within Annexation Area No. .13 (Villages at Wasson Can annexed to City of Lake Elsinore Community, Facilities District No. 2003•• -_l (Law Enforcement, Fire and Paramedic Services) (the "District "), collected in,the same manner as ordinary ad valorem taxes,, in an .amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic .services that are in addition to those provided in the territory within An Area, No. 13.(Villages at Wasson Canyon) prior to the annexation of Annexation Area No. 13 (Villages at Wasson Canyon) to the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within Annexation Area No. 13' (Villages at Wasson Canyon). DATED: 45367598.1 2005 IN CITY OF LAKE ELSINORE Frederick Ray, Deputy City Clerk AGENDA ITEM N0. 3 PAGE_�P__OE_LQ_ n ORDINANCE NO. 1163 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SERVICES. SPECIAL TAX AND A SPECIAL, TAX WHEREAS, on July 12, 2005, the City Council (the "Council') of the City, of Lake Elsinore (the "City") adopted Resolution No. 2005 -62 stating its intention` to form the City of Lake Elsinore Community Facilities District No. 2005 -2 (Alberhill Ranch) (the "CFD ") .pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"), to finance a portion of the cost of providing parks, open space and storm drains maintenance services (the "Services ") that are in addition to those provided in the territory within the CFD prior to the formation of the CFD, and to finance the purchase, construction, expansion or rehabilitation of certain real and ot her. tangible property with an estimated ;useful life of five years or longer, including, public infrastructure facilities, and other governmental facilities, which the city is authorized by law to construct, own or, operate (the "Facilities "), and designating portions of the CFD as Improvement Area A, Improvement Area B and Improvement Area C; and �1 WHEREAS, on July 12, 2005, the, Council also adopted Resolution.No. 2005 -63 stating its intention and the necessity to incur bonded indebtedness in the amount of not to exceed $28,000,000, $36,000,000 and $26,000,000 for Improvement. Area A, Improvement Area B and Improvement ` Area C, respectively, to be issued for the purpose of financing the purchase, construction; expansion or rehabilitation of the Facilities; and WHEREAS; notice was. published —as required by law relative to the intention ,of the Council to form the CFD and to incur bonded; indebtedness in the amount not to exceed $28,000,000, $36;000,000 and - $26,000,000 within ,the boundaries of Improvement Area A, Improvement Area B and Improvement Area. C, respectively, of the CFD; and WHEREAS; on, August 23,. 2005, which was then . continued to September 13, 2005, this Council held a noticed public hearing as required by relative'to the determination to proceed with the, formation of the CFD, the rate and method of apportionment and manner of collection of the special tax to be` levied within the - CFD to pay for the Services and the rate and'method of apportion and manner of collection of the special tax to be levied within each Improvement Area to pay the n principal and interest on the proposed bonded indebtedness of'each Improvement Area ' of the CFD, and relative to the necessity for authorizing the bonds, the AGENDA ITEM NO. (!)3 PAGE _A_OF�_ CITY COUNCIL ORDINANCE NO. 1163 Page 2 of 6 purpose for which the bonds are to be issued, the amount of the proposed debt, the maximum term of the bonds and the maximum annual rate of interest to be paid; and WHEREAS,. at said hearing all persons desiring to be heard on all matters pertaining to the formation of the CFD and the incurring.of bonded indebtedness by each of the Improvement Areas of the CFD were heard and a full and fair hearing was•held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2005 - determining the validity of prior proceedings and established the CFD; and WHEREAS, the Council subsequent to said hearing adopted Resolution No: 2005- . which called an election within the CFD for September 13,'2005 on the proposition of incurring bonded: indebtedness, levying "a special tax and setting an appropriations limit;-and WHEREAS, on September 13, 2005, an, election, was held.within the CFD in which the eligible electors approved by more than two- thirds vote the proposition `of incurring bonded indebtedness; levying a special tax, and setting an appropriations limit; THE CITY. COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax (the "Services Special Tax ") is levied within the boundaries of the CFD pursuant to the formula set forth in Exhibit "A" attached hereto and, incorporated by reference in an amount necessary to pay all of: the costs.of providing the Services, periodic costs, and costs of the tax levy and collection; and all other.costs: SECTION 2. A special tax (the "Special "Tax ") is levied within the boundaries of each Improvement Area of the CFD,.pursuant to the formulas set forth in Exhibit "A" attached hereto and incorporated, by reference. in an -amount necessary to pay, all of the costs of providing the Facilities, periodic costs, and: costs of the tax levy and collection, and all other costs including amounts payable with respect to, the bonded indebtedness. ; SECTION 3. This legislative body is hereby further. authorized each year, by resolution adopted as provided in section 53340 of the Act,,to determine AGENDA ITEM NO- _Z3 3 --- PAGE � ®F-J,JD_ all CITY COUNCIL ORDINANCE NO. 1163 . Page 3 of 6 the specific special tax rate and amount to'be; levied for,the then current, or future tax years, except that the - special tax rate.'to be, levied shall -not exceed the% maximum rate set forth in Exhibit "A ". SECTION 3. All, of the collections of the Services Special Tax and. Special Tax shall be used as provided for in the Act and Resolution No. 2005 - of the Council (Resolution of Formation). SECTION 4. The above authorized-- Services Special Tax and the Special Tax shall be collected in the same manner. as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes; provided, however, the CFD may collect the Services Special. Tax and the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. SECTION 5. The Mayor shall sigp this ordinance and the'City Clerk. shall attest to such signature. The City Clerk is directed to-cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City 'a cekifi'ed copy of the full text of the adopted ordinance along with the names of the council Members voting for and against the ordinance. SECTION 6. This ordinance relating to the levy of the services special tax and the Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County. AGENDA ITEM NO. J 3 PAGE =_�� CITY COUNCIL ORDINANCE NO. 1163 . Page 4 of 6 INTRODUCED . AND ;APPROVED UPON FIRST READING this 13- Q.✓ day of September, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: 'COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:' NONE' ABSTAIN: COUNCILMEMBERS:' NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this _ day of 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: l ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: Frederick Ray, Deputy City Clerk City of Lake Elsinore Robert Magee, Mayor City of Lake Elsinore AGENDA ITEM NO. 33 PAGE L OF CITY COUNCIL ORDINANCE NO. 1163 Page 5 of 6 m APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) IN AGENDA 17EM N0.� PAGE � OF� CITY COUNCIL ORDINANCE NO. 1163..: Page 6 of 6 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX (IMPROVEMENT AREA A) (IMPROVEMENT AREA B) (IMPROVEMENT AREA C) 45644454.3 AGENDA ITEM NO•� -- PAGE Ca__OF_(=:42_._. r_'� ORDINANCE NO. 1164 ORDINANCE. OF THE CITY COUNCIL OF THE. CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF. A SPECIAL TAX WHEREAS, -on July 26, 2005, the City Council (the "Council') of the City of Lake Elsinore (the "City ") adopted Resolution No. 2005 -76 stating its intention_ to. form the City of Lake Elsinore Community Facilities District No. 2005- 6;(City Center Townhomes) (the "CFD ") pursuant to the Mello -Roos . Community. Facilities Act of 1982, as amended (the "Act'), to finance the purchase, construction, expansion or, rehabilitation of certain real and other tangible property with an estimated useful life of five years or longer, including public infrastructure facilities and other governmental facilities, which the City is authorized by law to construct, 'own or operate (the "Facilities "); I and WHEREAS, on July 26, 2005, the Council also adopted Resolution No. 2005- 77.stating its intention ,and the necessity ,to. incur bonded indebtedness in the amount not to exceed $5,000,000 to be issued for: ;the purpose- of financing the purchase, construction, expansion or rehabilitation of the Facilities; and - .WHEREAS, notice .was .published as'- required by law relative to the intention of the Council to form the CFD and, to incur. bonded indebtedness in the amount not to exceed $5;000,000 within the boundaries of the CFD and WHEREAS, on September 13, 20051 this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of. the CFD, the, rate and method of apportionment and manner of collection of the special tax to be ;levied within the CFD to pay the principal and interest on the proposed bonded indebtedness of the CFD, and relative to the necessity for authorizing the bonds,-the purpose- for which the bonds are to be issued, the'amount'of the'proposed'debt, the maximum term of the'bonds and the maximum annual rate of interest to be paid;' and WHEREAS, at said.hearing all persons desiring to be heard on all matters- pertaining to the formation of the CFD and the incurring of bonded indebtedness by the CFD were heard and a full and fair hearing was held; and WHEREAS, the;Council subsequent to said hearing adopted Resolution No: 2005- ( the "Resolution of Formation") determining the.validity of prior proceedings and established the CFD; and AGENDA ITEM N0. 3'� - PAGE \ OF CITY COUNCIL ORDINANCE NO. 1164 Page 2 of 5 WHEREAS, the Council subsequent to said hearing adopted Resolution No. Qw) 2005 - which called an election within the CFD for September 13, 2005 on the proposition of incurring bonded indebtedness, levying a special tax and setting an appropriations limit; and WHEREAS; on September 13, 2005, an election'was held within the CFD in ' which the eligible electors approved by more than two- thirds vote the proposition of incurring bonded indebtedness, levying .a special'tax, `and setting an appropriations limit; THE CITY COUNCIL OF THE CITY OF LAKE .ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. A special tax (the "Special Tax ") is levied within the boundaries of the CFD pursuant to the formulas set forth in Exhibit "A" attached hereto and incorporated by reference in an amount necessary to.pay all of the costs of providing the Facilities,: periodic. costs,. and costs of the tax levy and collection, and all other costs including amounts payable with respect to, thei bonded indebtedness. ( l SECTION 2. This legislative body,,is hereby further authorized each �✓ year, by resolution adopted as provided in section 53340 of the. Act,. to determine the specific, special tax rate and amount to be levied for the then current or future tax years, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit "A SECTION 3. - All of the collections of the Special Tax shall be used as provided for in the Act and Resolution of Formation. SECTION 5. The above authorized, Special: Tax shall be collected in the same manner as. ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale. in cases of delinquency and provided for ad valorem taxes; provided, however, the CFD may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations: SECTION 6. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature.. The City. Clerk' is directed to cause the title and summary or text of the this: ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of Q..) AGENDA ITEM NO.�',�4_ PACE c=�) OF_ CITY COUNCIL ORDINANCE NO. 1164 Page 3 of 5 �. general circulation published and circulated, within the territorial jurisdiction`of the City, and to post at the main office of the City.a certified copy of the full text of the adopted ordinance along with the names of the council Members voting for and against the ordinance. SECTION 7. This ordinance, relating. to the levy of the Special Tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer -Tax Collector of Riverside County. INTRODUCED AND APPROVED UPON FIRST READING this 13 day of September, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE AGENDA ITEM NO. ---- PAGE__-�_QF— CITY COUNCIL ORDINANCE NO. 1164 Page 4 of 5 'PASSED, APPROVED. AND ADOPTED UPON SECOND READING �•✓" this day of 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS:' ABSENT: 'COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS:. Robert Magee, Mayor City of Lake Elsinore ATTEST: Frederick Ray, Deputy City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL) AGENDA ITEM N0. �` PAGE_ ,—OF--PL-1— CITY COUNCIL ORDINANCE NO. 1164 Page 5 of 5 n EXHIBIT "A" 45651960.1 RATE AND METHOD OF APPORTIONMENT pGENDAC E� 3� P (..►) N r IN CITY OF LAKE ELSINORE' REPORT TO CITY COUNCIL TO: . MAYOR AND CITY COUNCIL - FROM: ROBERT A. BRADY, CITY MANAGER DATE: SEPTEMBER 27, 2005 SUBJECT: RENAMING OF CITY PARK BACKGROUND On March 2, 1906, Hattie S. Traphagen and C. S. Traphagen deeded the land which is now known as City Park to the City strictly for park purposes. It wasn't until 1938.that the parkwas constructed-as part of the United States Works Project Administration. As part of the Country's Bicentennial; a tune capsule was implanted in the park in 1976 with the intent to be opened and updated every 25 years. This did occurrn 2001 with the time capsule replaced and scheduled for reopening on July 4, 2026. Approximately 100 years after the incorporation of the City in 1883, the park was remodeled as part of a Founder's Day Project on July 1, 1983, inclusive of the Founder's Day Jubilee. DISCUSSION As part of the Public Comment portion of the September 13, 2005 City Council meeting, Mr. Steve Wallace suggested that the City Council consider renaming City Park after the late Dolores Mayhall, Currently, the only City Council Policy that exists (400 -10) in reference to memorializing individuals pertains to tree plantings within existing park facilities. AGENDA ITEM NO. 3S PAGE I OF 3 REPORT TO CITY COUNCIL SEPTEMBER 27, 2005 PAGE 2 In October of 2004, the City Council approved-renaming the Annex Building at the Senior Center to the Thelma Ball Memorial Hall after her passing. FISCAL IMPACT None. RECOMMENDATION It is staff's recommendation that the Mayor and City Council consider renaming City Park to Mayhall Park. PREPARED BY: APPROVED FOI AGENDA BY: W.SAPP (.0) OF COMMUNITY SERVICES ( l 1 AGENDA ITEM N0. 35 PACE OF r, 1 AGENDA ITEM N0. 35 PACE OF n CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Memorial Tree Plantings POLICY Policy No. 400 -10 Effective Date: 6 -14 -94 Page No.1 of 1 The Lake Elsinore City Council will allow memorial tree plantings under the following conditions: 1) Trees should be planted within existing park facilities, in compliance with approved park plans. 2) Type of trees should be selected from the existing approved landscape nguidelines. 3) Plaques should be discouraged due to the cost of maintenance and replacing damaged or stolen plaques. n AGENDA ITEM NO 3S PAS 3 OF 3 (...4) l CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE:.,.. <SEPTEMBER 27, 2005 SUBJECT: STREETS MAINTENANCE CONTRACTS BACKGROUND The Community Services Department has six contracts for the performance of specific street maintenance functions. These contracts were, obtained through, the formal bid process with advertising and sealedbids. After the bid process each, contract was reviewed and authorized by City Council. The terms of the agreements.. are for one year,: renewable by the City Manager in one year increments, not to.exceed three :years, and-subject to the review of the City Council:.: The first year of these contracts has elapsed. DISCUSSION Each of the six contractors has performed to 'the satisfaction of the Community Services Department. Therefore, it.has been requested that the City Manager renew each contract for the term of one year. ` This re port as a notification, to CitytCouncil of staffs anticipated action to renew these contracts for a period of one year. With City Council's consent the following six maintenance contracts will be forwarded to the City Manager for execution of a one year extension.to each of the contracts: Contractor Service Provided South Western Seal Coat Dust Control on Dirt Streets Sudhakar Company,, Traffic 'Striping and Markings- Hardy and Harper Unpaved Road- Maintenance NPG Curb, Gutter, Sidewalk Maintenance American Asphalt South Street Slur Seal Hardy and Harper Asphalt Maintenance AGEN DA ItT EN, W0. 3�P PAGE__oF�. REPORT TO CITY COUNCIL SEPTEMBER 27, 2005 _. PAGE 2 FISCAL IMPACT The annual budget for contracted street maintenance activities is the City Council approved Street Maintenance Budget, account number 100 - 4421- 434- 20 -20. The budget for the six maintenance activities that are'subject to this report, for Fiscal Year 2005/2006, is as follows: $ 90,000 - Dust Control on Dirt Streets $100,000 - Traffic Striping and Markings $ 60,000 - Unpaved Road Maintenance $100,000 - Curb, Gutter, and Sidewalk Maintenance $ 20,000- Street Slurry. Seal (pavement management program) $580,000- Asphalt Maintenance (pavement management program)- The budgets shown above are the anticipate& expenditure for each of- the listed activities: No contractor is guaranteed a specific amount of money. RECOMMENDATION Authorize the City Manager to renew for one year the six street maintenance contracts listed in this repo PREPARED BY: ILLIAM L. PAY E, P1JBLIk WORKS MANAGER REVIEWED BY: AVID W. SAPP, DI R OF COMMUNITY SERVICES APPROVED FOR AGENDA BY: CI MANAG R'S FFIC ( l AGENDA ITEM NCI. � —LL L- t'At"_._ CF_ —LJ-- TO: CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH DATE: OCTOBER 12, 2004 SUBJECT: AWARD OF CONTRACT — DUST CONTROL BACKGROUND On June 22, 2004, City Council approved funding in the amount of $1- 50,000 for the maintenance of dirt streets. The funding increased the service level of dirt street maintenance by providing annual grading of all dirt streets along with an annual application of Magnesium Chloride for dust control. DISCUSSION In order to accomplish the dust control portion of our dirt street maintenance program, staff solicited for bids to retain; a contractor for the application of magnesium chloride. The sealed bid opening was held at City Hall on Thursday September 16, 2004 at 2:00 PM. The scope of work includes the application of magnesium chloride on dirt road surfaces located within the City limits of Lake Elsinore. Staff wishes to retain a contractor for one year with a renewable contract not to exceed three years. FISCAL IMPACT One contractor submitted a bid. The bid results were as follows: South Western Sealcoating Inc. $ 72,483.84 - Funding is available in the Streets Operation Budget account number 100- 4421 - 434 -20- 20. RECOMMENDATION Staff recommends that the Mayor and City Council authorize the City Manager to execute a contract agreeme with South Western Sealcoating Inc. to provide dust control services as described in this orti PREPAIRED BY: APPROVED BY APPROVED FOR AGENDA LISTIN SAPP, J. WATENPA WORKS MANAGER Y SERVICES DIRECTOR AGENDA ITEM NO 3c(% PAGE f This Contract Elsinore and construction t ' CITY OF LAKE ELSINORE ,CONTRACT ,AGREEMENT '. Agreement is made and entered into this Z,.-' day of '., X004 by,and between the City of Lake �- rte= ,_�sjf— Contractor for the __rerrea to as '� DUST CONTROL PROGRAM FOR DIRT STREETS WITNESSETH that the City; of.Lake Elsinore: and,. the Contractor have mutually ,agreed'as follows.: ARTICLE I ' The Contract documents, for the aforesaid project shall consist of the Notice Inviting'Bids, Instructions to.Bidders Proposal, "General Specifications, Plans, Special Provisions and all referenced specifications, details, standard drawings, and appendices, together with this Contract. Agreement. and all, required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements 'clarifying, amending' or extending `the' work contemplated as may be required 'to'- ensure its completion in an acceptable manner. All of the provisions of said Contract documents are madeja part ,hereof as though fully set forth herein. ARTICLE II --For and in consideration of the payments and agreements to be 'made and Performed b ` P y the City or Lake ,Elsinore, Contractor; agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations a`s set forth in the aforesaid Contract.documents.'- ' ARTICLE III Contractor agrees to receive and accept the prices set forth in the proposal, as full `compensation for furnishing all materials, performig all work, and fulfilling all-obligations hereunder. Said' compensation - shall cover- all expenses, losses, damages; and consequences arising out .'of the nature - of, the .work during, •'its progress or prior to its acceptance including those for, well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract documents and also including those arising from: act ions; of, the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE IV The City of Lake Elsinore hereby promises and agrees 'to "employ; and does hereby employ, Contractor to provide the materials, ". do the work; and fulfill the obligations according, to the ,''terms and conditions herein contained and referred to, for the prices 22 AGENDA ITEM NO �P or- aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions _set :forth in the Contract documents. ARTICLE V Contractor acknowledges the provisions of. the.. State Labor Code requiring every employer, to ,be insured against liability for worker's compensation or, to undertake self--insurance in accordance with the provisions-of that code and certifies compliance with such provisions. . ARTICLE VI Contractor agrees, to indemnify and hold harmless the City of Lake Elsinore or its officers and agents from anyi "claims',' demands, or causes of action including related expenses attorney's fees, and, costs based on, arising out of, or' in any way related to the work. undertaken by Contractor hereunder. ARTICLE VII' Contractor, affirms that. the signatures, titles, and seals set forth herein after the execution :of this Contract Agreement represent all individuals, firm . members, partners, joint ventures,. and /or corporate officers having a principal interest herein. IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate y setting hereunto th i -r names, titles, hands, and seals this -- - day of. 2009. Contractor: /-. O �' —Z By: /7 <� ubscribed and.sworn to this NOTARY POBIIIC City of LaY� El LLff 26TH Lic. #6Z_ day of 2009 Attested City Clerk of the City -of Lake Elsinore, Llat R. S. PAJEL Commission # 1502449 .s Notary Pubec - Coptomia I RNealde County My Comm. Expires Jut 20.2008 23 Mayor `.�✓ AGENDA ITEM NO. ^� PAOF_j� _OF__ TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER: South Western Sealcoating, Inc. The Undersigned" has checked carefully all 'of the above figures and understands that the City will not be responsible for any'error or omissions on.the_ part - of" the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing., the required Contract with necessary, insurance policies 'within ten.(10j calendar days' from the date- of the Notice of `Award of Contract „by, the City Council of the City of Lake .Elsinore, the proceeds - "of the check or bond accompanying this-bid shall become the property of the City of Lake Elsinore. p The Undersigned bidder declares,,•under, penalty' Of perjury, that they are licensed to do business.or act ins the capacity -of , a..co- tractor within the State 'of Calif' rnia`,and. that they:are validly licensed as follows: License Number. 678645 I Classification: C -12 ti Expiration Date: 10/31/2005 - - This statement is true and correct and has the legal effect of an affidavit. . n 13 AGENDA(TEMNO. ZkV PACE OF LI-A TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER: South western Sealcoating Inc DUST CONTROL PROGRAM FOR DIRT STREETS BID SCHEDULE DESCRIPTION- - QTY UNIT COST, - ,,TOTAL COST Apply Magnesium Chloride 2,787,840 sq' ft $0.026 $72,483.8 Total amount of bid in words: _Sey0ty -tw6 thousand foul hundred eighty ,Edur. cents. Total amount of bi'd in numbers. $--72.483 ` 84 NOTE: Unit cost is, to cover all related costs to the application of Magnesium Chloride on..a.'dirt- road.that has already been ,graded: Cost is to include cost for application of`wat'er'to the road prior to the application of Magnesium Chloride product. The City will cover the cost of the water; the Contractor will cover the truck and operator. cost :of a water Application rate of Magnesium Chloride is- to- be one Half (1 /2) �+✓ gallon per square yard. The product "will not be diluted with water' The mix will contain a minimum concentration of 30$ concentration. 12 AGENDA ITEM NO. a PACE• K_OF_ AGENDA ITEM N0. PACE�_QF TO: FROM: DATE: CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL MAYOR AND CITY COUNCIL RICHARD J. WATENPAUGH AUGUST 24, 2004 SUBJECT: CONTRACT FOR TRAFFIC STRIPING AND MARKINGS BACKGROUND Last month the City issued a notice inviting bids for maintenance services to be provided for the re- painting of traffic striping and markings. The bid opening was held at City Hall on Thursday August 5, 2004 at 2:00 p.m. The scope of work consists of furnishing all materials, equipment, tools, and labor required, to provide re- painting of traffic striping and markings on the City's 137 miles of paved road surface. Work will be assigned by work order on an as needed basis. All work will be billed pursuant to the unit prices bid by the successful contractor. The term of the agreement will be for one year and may be renewable in one year increments up to three years by the City Manager. SUMMARY Three contractors submitted a bid for the work. The bids are as follows: Contractor Sudhakar Company PCI C -18 Location Bid Amount Rialto $ 68,161.53 Long Beach $ 96,028.77 Beaumont $ 97,835.49 AGENDA ITEM. NO. PAM FISCAL IMPACT The 2004/2005 approved fiscal year budget authorizes an amount. of $100,000 for re- painting of traffic striping and markings: The dollars are budgeted -in -the Street Maintenance and Operations Budget account number 100- 4421 - 434- 20 -20. - - - Staff will spend the entire $100,000 budgeted. Spending in detail will be as follows: the bid amount of $68,161.53 will paint all striping, and markings one time. The one time painting will take place in November of this year. °The remaining $31,838.47 of the $100,000 budgeted in the traffic striping and markings budget will be used for a second painting of our major arterial roadways: The second painting will take place. in April 2005. RECOMMENDATION Staff recommends that the".-Mayor and City Council authorize the City-Manager, tw execute a- maintenance., contract `agreement' with Sudhakar, Company for the re-, painting of traffic stripin nd pavement, markings consistent with the above, referenced terms and approve b the City tto ey. n PREPARED BY: L William L. P bli Wor Manager APPROVED BY: /Dave app, Community ces Director APPROVED FOR AGENDA LISTING: Richard J. atenpaugli ity anager _ AGENDA ITEM NOI_(�tP RACE I 1 _ CF: CONTRACT AGREEMENT City of Lake Elsinore, California This Contract Agreement is made and entered into this 3 O day of _ f L3 -F ^�E tit .20 6 H .by and between the City of Lake Elsinore and j v a Wa�c .x as Contractor for the construction of: TRAFFIC STRIPING.AND PAVEMENT MARKING " WITNESSETH that the City of Lake Elsinore and thei Contractor have mutually agreed as, follows: ARTICLE I The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Plans, and all referenced specifications, details, standard drawings, and appendices, together with this contract agreement and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda' or supplemental ,.agreements clarifying.,. amending or extending the work contemplated as may be required to ensure its completion in anracceptable "manner. All of the provisions of said contract documents are made a part, hereof as 'though fully set forth herein. ARTICLE II For and in consideration.of the payments and agreements to be made and performed by the City. of Lake Elsinore, Contractor agrees to furnish all materials and perform all work required-for 'the above stated project,- and to fulfill all other obligations as set forth in the aforesaid contract documents: ARTICLE III Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the foresaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 15 AGENDA ITEM NO. PAGE, OF ARTICLE IV The City of Lake Elsinore hereby promises and agrees to employ, and does hereby_ employ,, Contractor " -to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and'refer-red -to, for the prices aforesaid, and hereby contracts to pay-the, same, at the .time, in. the manner, and 'upon the `conditions "s 'et forth in the contract documents: ARTICLE V Contractor acknowledges the provisions of the State Labor Code requiring every employer, to be insured against liability for worker's compensation or to undertake `self- insurance'_in` accordance with the provisions of that code and certifies compliance with such provisions. ARTICLE VI Contractor agrees to indemnify and,hold harmless the City of Lake Elsinore or its officers and, agents from any claims, demands, or causes of action including related expenses.' attorney's fees, and costs based on, arising out,of, or in any way related to the work undertaken by Contractor hereunder. ARTICLE `VIII Contractor affirms that the signatures,' titles, and seals set ( forth herein after the execution 'of- this` contract agreement represent all individuals, firm members, partners, joint venturers, and /or corporate officers having a principal interest herein. IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators,. successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in triplicate by settin hereun o their names, titles, hands, and seals this day of �C_ D� e_ � 20k. r- n It /1 n1 Contrac( ,{tor:JOa By: ] - r A" Subscribed and JVorn to NOTARY PUBLIC Title CA Lic.n7523 &7 / day of , 20 D4. City ofe�`si l>�ze; icy: Attested b'r /, City Clerk o the City —'®of —Lake E1 . TERESA L CORMER / 16 CoMMWOn • 1401125 Notary Nib#c - CoIRorM RNerside County My Comm. Expires Feb 18.2007 re, Da Mayor AGENDA IT EM NO >Se PACE_13 OF G f 1 - Name of f 1 TRAFFIC STRIPING AND PAVEMENT MARKING PROPOSAL Address of Bidder TO: City of Lake Elsinore, California The, undersigned bidder, in accordance with the City's Notice' Inviting -Bids, hereby'proposes,to furnish all materials equipment tools;, labor, and incidentals ,required -for the above- stated ,project as set forth in 'the plan, specifications, and. contract documents therefore' to perform all work in -'the manner and time prescribed therein.. The attached Bid Schedule is hereby made a part of,this proposal., The undersigned bidder declares that this proposal is-[ based upon careful examination of the work site, plans, specifications;. instructions to bidders, and all other contract documents. If this - proposal is accepted for award, bidder agrees to enter.into a contract, with the City at-the- unit and /or lump sum 'prices set forth in the following bid - schedule. Bidder understands that failure_ to enter into .a contract and furnish' bonds in the manner and time prescribed will result in forfeiture to the City of the guarantee accompanying this proposal. The undersigned bidder ' certifies ;that this proposal is (made in good faith, without collusion or connection with`any other persons or persons bidding on the work. The undersigned bidder understands that the City Council reserves the right to accept or reject any or all proposals or to waive formality or technicality in, any proposal in the interesC owaive Agency.-,, u- 8 0 AGENDA ITEM N0. PAGE %,Yj OF�� NAME OF BIDDER( \i�NAye�N CITY OF LAKE ELSINORE .TRAFFIC STRIPING AND PAVEMENT MARKING BID SCHEDULE Note: All street striping and markings are to be applied to a thickness of .15 Mil. - BID UNIT/ UNIT IT DESCRIPTION APPROX. QTY, PRICE..; TOTAL'' COST 1. 4" Skip line, white or yellow 97,000 LF _ ..O?, . Q 2 -' 4" Solid, line,• white or yellow 103, 000 LF{, 170: pp 3. 4" Double solid line, yellow 138,000 LF_ �. with 3" wide black line between QO yellow .lines - 4: 6" Solid line 28;000 LF O�n7 a ►L1 ap 5. 8" Solid line 24, 0,00 LF q 6:' 12 ".Solid line, white,or 31,431 LF �,�,�. ,qt � 3 yellow 7. Double 4n wide solid and 191000 LF �. broken_ line, yellow with 3" wide —4-,o 0 black line between'.yellow lines ' 8. 4' Letter legends 400 EA 9. 8' Letter legends, white or 4,200 EA� yellow • Oa 10. 8' Arrow legends 700 EA Total .1 amount of bid in words: SIXTY �-rn t� TNc2�?Seti�D ONF Total amount of bid in numbers: The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omissions of the part of the Undersigned in making up this bid. w w CONTRACTOR: Hardy and Harper SERVICE PROVIDED: Unpaved Road Maintenance AGENOA iTENI N0. PACE J OF�� CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL _ FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: MARCH 9, 2004 SUBJECT: CONTRACT FOR UNPAVED ROAD MAINTENANCE BACKGROUND On January 12, 2004 the City issued a notice inviting bids for maintenance services to be provided for the City's unpaved roads. The bid opening was held at City Hall on Wednesday, February 25, 2004, at 2:00 p.m. The scope of work consists of furnishing all materials, equipment, tools, and labor required to provide maintenance to the City's twenty -one (21) miles of unpaved road surface. Work will be assigned on a job order basis as needed. The term of the agreement will be for one (1) year and may be renewable in one year increments up to three years by the City Manager. SUMMARY The bid package consisted of two parts. Part I, a sample work order, was used to determine the lowest bidder. Part II of the bid schedule allowed for unit bid prices on several items. The unit prices were used to calculate the sample work order in Part I of the bid schedule. The unit prices in Part H of the bid schedule will be the unit prices used throughout the term of the contract for all work to be completed. Four contractors submitted a bid for the work. The bids are as follows: Contractor Location Bid Amount Hardy and Harper Santa Ana $ 5,920 NPG Perris $ 5,941 International Pavement Solutions San Bernardino $ 8,600 Copp Buena Park $ 10,080 \.i/ V/ G G t 1TV4 H0. Aa PA0Z -J8 =_OF 1 FISCAL IMPACT The budget for the project is dependant upon the City Council approved budget. The City. does not guarantee any, work or a specific dollar amount to the contractor. RECOMMENDATION Staff recommends that the Mayor, and, City Council: authorize the City Manager 'to execute a maintenance contract" agreement with Hardy and Harper for maintenance services for unpaved road surfaces consistent with the above referenced terms and,approved by the City Attorney. PREPARED BY. William L. Payne, Public, Works Manager- APPROVED BY av �app, Director o mmunity Sery ices APPROVED FOR AGENDA LISTING: "Wwo Richard J. Waten ugh; City agei , t _ i, CITY OF LAKE ELSINORE CONTRACT AGREEMENT This Contract Agreement is made and entered, into this daY of 2004 by. and between the City of Lake Elsinore and Oct C u £ F Gar nc P_ 3c c as Contractor for the construction referred to as: MAINTENANCE PROGRAM FOR UNPAVED ROAD SURFACES WITNESSETH that the City of Lake Elsinore and the' Contractor have mutually agreed as , follows: ARTICLE I: The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Plans, Special Provisions and all re -renced specifications, details, standard drawings, and appendices, together with this Contract Agreement and all . required •bonds;' insurance certificates, permits, notices, and affidavits, and also including any and all. addenda or supplemental agreements clarifying, amending or extending the work contemplated as maybe required to ensure its .completion- in an acceptable manner. All of the provisions of said Contract_ documents are made a part hereof as though fully set forth herein: ARTICLE II , For and in consideration of the payments and agreements to be made and performed by the City of Lake Elsinore, Contractor agrees to'fnhish all materials''and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract documents. ARTICLE III Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE W The City of Lake Elsinore hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract documents. ARTICLE V Contractor acknowledges the provisions of the State Labor Code requiring every emplo yet to be insured against liability for worker's compensation or to undertake self-insurance et in accordance with the provisions of that code and certifies compliance with such provisions. AGENDA ITEM N0. PAGE _a0 o OF_•_5 — ARTICLE VI _ Contractor agrees to defend,, indemnify and hold harmless the City of Lake Elsinore or its officers and agents from any claims, demands, ,or, causes of action including related -' expenses attorney's fees, and costs based oil, arising out of, or in any way related to the work undertaken by Contractor hereunder. ARTICLE VII Contractor affirms that the signatures, titles, and seals set forth herein after the execution of , this Contract Agreement represent all individuals, firm- members, partners, joint ventures, and/or corporate officers having a principal interest herein. IN WITNESS WHEREOF, the parties hereto.,for themselves, their heirs, executors, administrators, successors; and assigns" do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in "triplicate by setting hereunto their names, titles, hands, and seals this 19 day of ,.2004. y C"X/`�— - ItTe VICE PRESIDENT STEVE KI CHNER CA Lic. 4 21 9 5 2 Subscribed and sworn to this ( NOTARY PUBLIC City of Lake Elsinore, B y' - s City Attested `, . ,l o �/ A \ City Clerk of the City of Lake Elsinore, Date li Z( 3 / Q y '1I KRISTEN S. PAULINO It #1413262 g °m NOTARY PUBLIC - CALIFORNIA K �. ORANGE COUNTY N My Comm. Exp. May 20, 2007. I[ AGENDA ITEM NO. 3 0 PACE. OF IJ-f) TO ACCOMPANY BID SL MITTAL The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omissions on the_part of the Undersigned in making up this bid. The Undersigned bidder declares,' under penalty of.'.perjury, that they_ are licensed to do,,business'or act in. ,the, -capacity of a contractor within the State of California and that they are validly licensed as follows: !License Number: 215952 Classification:, Class A Expiration Date: Decenber 31,2005 This statement is true and correct and has the legal effect.of an affidavit. 15 ACiNDA _jC N0._- -L PACE 2 OF TO ACCT MPANY BID SU, ,iITTAL .d ��y- BID SCHEDULE PART II 1 ITEMS TO BE BID FOR MAINTENANCE PROGRAM FOR UNPAVED ROAD SURFACES Setup Mobilization. Charge for each job 400.00 $ lump sum Motorized grader with operator $120.00 per hour Three point hitch grading drag with operator $ 72.00 per hour Water truck with-operator $ 72,00 per hour Rubber tire roller with operator $80.00 per hour Steel wheel roller with operator $ 72,00 per hour Tractor broom.with operator $ 72.00 per hour Dump truck with operator $72.00 per hour Traffic control devices with two man crew $ 130.00 per hour Notes: The line item "traffic control devices" is to include the.price for all signage, cones, barricades' and other devices needed to properly warn traffic of road construction activity in the public right -of- way when a traffic lane is closed. Price is to include all equipment necessary to close one traffic lane and include a two man flagging team. Electronic message board is not to be included and will be an additional cost to the City if required. Traffic warning devices to protect the equipment operator's work zone including cones and signage such as "Shoulder Work Ahead" or "Men Working" are to be in place for all jobs and are to be included in the cost of each piece of equipment. The City will not be charged extra for these items. PAM _OF AGENDA ETErd NO. PAGE OC n TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH,:CITY MANAGER MARCH 9, 2004: S1T8,I1 CT: CONTRACT FOR CURB, GUTTER, & SIDEWALK MAINTENANCE s �.�'YSa.aROTIND nary 12, 2004 the City issued a notice inviting.sealed bids for curb, gutter, and sidewalk c 'E' C, services. The bid opening was held at City Hall on Wednesday, February 25, 2004, at s, ope oi' work consists'• of furnishing'.all materials, equipment, tools, and labor required to .-ro�ic e curb, gutter, and sidewalk maintenance services to the City Public Works Maintenance Division. Work will be assigned on a job order basis as needed. J` � of the agreement will be for one (1) year and maybe renewable in one year increments up 111 years by the City Manager. ?!`d package consisted of two parts. Part I, a sample work order, was used to determine the ' r; er. Part H of the bid schedule allowed for unit bid prices on several items. The unit e "ASed to calculate the sample work order in Part I of the bid schedule. The unit prices in t bid schedule will be the unit prices used throughout the term of the contract for all oc completed. llre•:'+ contractors submitted a bid for the work. The bids are as follows: Contractor Location Bid Amount NPG Perris $ 6,750 International Pavement Solutions San Bernardino $ 7,152 Hardy and Harper Santa Ana $ 9,256 ,AQNDA ITEM NO. _°� 5 FISCAL IMPACT The budget for the project is dependant upon the City Council approved budget. The City does not guarantee any work or a specific dollar amount to the contractor. RECOMMENDATION Staff recommends that the Mayor and' City Council authorize the City Manager to execute a maintenance contract agreement with NPG Corporation for curb, gutter, and sidewalk maintenance services consistent with the above referenced terms and approved by the City Attorney: PREPARED BY: William L. Payne, Public Wo�r cs Manager APPROVED BY: APPROVED FOR AGENDA LISTING: G/ Dave Sapp; Director unity Services !1GUM ITEM NO. a_ Mm-A,�--QF5 CITY OF LAKE ELSINORE CONTRACT AGREEMENT 'This Contract .Agreement is made ands entered' into this 25th day of March 2004 by and between the City of Lake Elsinore and NPG Corporation as.Contractor for the construction referred to as: CURB, GUTTER, SIDEWALK MAINTENANCE WITNESSETH that the City of Lake Elsinore and the Contractor have mutually agreed as follows: ARTICLE I The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids,. Instructions to Bidders, Proposal, General Specifications, Plans,-Special Provisions and all referenced specifications, details, standard drawings, and appendices, together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying,' amending or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said Contract documents are made a part hereof as though fully set forth herein-. ARTICLE II For and-in consideration of the payments and agreements to,be made and performed by the ^ City of Lake Elsinore, Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract documents. ARTICLE III Contractor agrees to receive and accept the prices set forth yin the . proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences, arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE IV The City of Lake Elsinore hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract documents. ARTICLE V Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation or to undertake self - insurance in /1 accordance with the provisions of that code and certifies compliance with such provisions. AGENDA ITEM NO._ FAOE_C4_0r. 5 ARTICLE VI Contractor agrees to defend, indemnify and hold harmless the City of Lake Elsinore or its officers and agents from any claims, demands, or causes of action including related expenses attorney's fees, and costs based on, arising out of or in any way related to the work undertaken by Contractor hereunder., ARTICLE VII Contractor affirms that the signatures, titles, and seals set forth herein after the execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in, triplicate by setting hereunto their names, titles, hands, and seals this 25th day of. Marc 2004. ntractor NP(; Corporation By: ' Title ' President J . Nelson CAL' .# 664779 JILL BENM CommISSIon t 126856 No+Qr PLtk . Caffaria Subscribed au�swom to this 25th day of March- 2004. skle C0e"ly ��,, Ml CarrvnF�►es kn2<,�04 NOTARY PUBLIC d B * Comm ion Expires Jne 24, 2004 `•+� City of Lake Elsin re, By: VA� 9W City riairager Attested City Clerk of the City of Lake Elsinore, Date. 9 -0 ACCOMPANY BID 8UB14ITTAL nThe Undersigned has checked carefully all.of the above figures and understands that the City will not be responsible for any error or omissions on the part of the Undersigned in making up this bid. The Undersigned bidder declares, under penalty of perjury, that they are licensed to i do -business or ,act in the capacity of a contractor within the State of California and that they are validly licensed as follows: Ticense Number: 664779 Classification: C12 / B /.A Expiration Date: February 28,;2005 This statement is true,and correct and has the legal effect of an aff1' dacit.. TO ACCOMPANY BID SUBMITTAL :BID SCHEDULE PART II ITEMS TO BE BID FOR CONCRETE SIDEWALK, CURB, AND GUTTER Curb and Gutter 28.00 per ln.ft. 16 ln.ft. 26*00 32 ln.ft. 48 ln.ft. per Setup Mobilization Charge for each job $ 500.00 lip ln.ft. 96 ln.ft. 20.00 112 ln.ft. .s um Install Sidewalk 41, thick ln.ft_ per ln.ft. I $16.00 - 80 sq.ft. $ 3.45 pe I r sq.ft. 21 - 160 sq.ft. $ 3o40 per sq.ft. 240 sq.ft. 3:20 per sq.ft.' J 320 sq.ft. $ ':3.00 per sq.ft. 400 sq.ft. $ 2.90 per sq.ft. 480 sq.ft. $ 2.80 per sq.ft. 4,4- 560 sq.ft. 2.70 per sq.ft. 61 640 sq.ft. $ 2.60 per sq.ft. 641 720 sq.ft. $ 2.50 per s Ft 14 q. 2.40 per sq.ft. $ 30e00 sq.ft. 1 Curb and Gutter 28.00 per ln.ft. 16 ln.ft. 26*00 32 ln.ft. 48 ln.ft. per 64 ln.ft. $ 80 ln.ft. ln.ft. 96 ln.ft. 20.00 112 ln.ft. 128 ln.ft_ 14 q. 2.40 per sq.ft. $ 30e00 per ln.ft. $ 28.00 per ln.ft. $ 26*00 per ln.ft. $ 24*00 per ln.ft. $ 22*00 per ln.ft. $ 20.00 per ln.ft. $ 18.00 per ln.ft. $16.00 per ln.ft: (.✓ ) AGENDA ITEM No. 3(,P PAM OF � 15 AGENDA ITEM NO PACE 431 of 129 - 144 ln.ft. $ 14.00 per ln.ft. 1 145 + ln.ft. $ 13.50 per ln.ft. Remove and Disposal of existing 4" thick Sidewalk l - 80 sq ft..; Per sq.ft. 81 - 160 sq.fIt $ 2.70 er sq.ft. P q- 161 - 240 sq.ft. $ 2.65 per sq.ft. 241 - 320 sq.ft. $ 2.45 per sq.ft. 321 - 400 sq.ft. $ 2.25 per sq.ft. 401 - 480 sq.ft. $ 2.10 per sq.ft. 481 - 560 sq.ft. $ 2.00 per sq.ft. 561 - 640 sq.ft. $ 1.85 per sq.ft. 641 - 720 sq.ft. $ 1.65 per sq.ft. 721 + sq.ft. $ 1.45 per sq.ft. Remove and Disposal of existing Curb and Gutter ( 1 - 16 ln.ft. $ 12.00 per ln.ft. 17 - 32 ln.ft. $ 11.50 per ln.ft. 33 - 48 ln.ft. $ 11.00 per ln.ft. . 49 - 64 ln.ft. $ 10.50 per ln.ft. 65 - 80 ln.ft. $ 10.00 per ln.ft. 81 - 96 ln.ft. $ 9.75 per ln.ft. 97 - 112 ln.ft. $ 9.50 per ln.ft. 113 - 128 ln.ft. $ 9.25 per ln.ft. 129 - 144 ln.ft. $ 9.15 per ln.ft. 145 + ln.ft. $ 9.00. per ln.ft 15 AGENDA ITEM NO PACE 431 of WE AGENDA ITEM N0. -1_ PACE OF-T� a WE AGENDA ITEM N0. -1_ PACE OF-T� CITY OF LAKE ELSINORE ( REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH' DATE: SEPTEMBER 28, 2004 SUBJECT: STREET MAINTENANCE - SLURRY SEAL BACKGROUND This year; City Council adopted an aggressive street maintenance budget that included. funding of our Pavement Management Plan. The plan includes an amount of $400,000 for preventive street maintenance that includes asphalt crack seal, minor asphalt R &R, and slurry seal' application to our asphalt roadways. In order to accomplish the slurry'seal portion'of our Pavement Management Plan, staff solicited for bids to retain a contractor for the application of slurry seal. The sealed bid opening was held at City Hall on Wednesday, September 8, 2004, at 2:00 PM. The scope of work includes the application of Type 2 asphalt slurry sea], on asphalt road surfaces located within the City limits of Lake Elsinore. Staff wishes to retain a'contractorfor one - year with a renewable contract not to exceed three years. DISCUSSION Slurry seal is a mixture of asphalt emulsion and fine aggregate applied to pavement as a preventive maintenance program. It delays weathering and cracking that will inevitably occur when asphalt is exposed to the elements. Slurry sea] application helps to extend the life of asphalt pavements and helps to reduce the cost of maintaining those pavements over the long ban]. Streets to be slurry sealed are determined by reviewing data provided by the ci Pement managem t so e coupled,with evaluation and input from City taff, ity Council tithe C mmunity. treets scheduled for slurry seal application thr ar are as follows: CLASSIFICATION SECTION FROM TO Major Auto Center Drive Franklin Avenue Diamond Drive Major Collier Avenue Nichols Road Hwy 74 Major Collier Avenue Wasson Creek Spring Street Major Graham Avenue Lakeshore Drive Main Street Major Lakeshore Drive Graham Avenue Chaney Street Major Lakeshore Drive Main Street Diamond Drive Major Lakeshore Drive Machado Street Lake Street Major Mission Trail Diamond Drive Malaga Road Major Railroad Canyon Grape Street City Limit Line Major Lincoln Street North Lake Drive Grand Avenue Major Lincoln Street Terra Cotta Road North Lake Drive AGENDA ITEM NO. PAGE —,2a OF- FISCAL IMPACT ( 1 Two contractors submitted bids for this year's slurry seal project. The bid results were as follows: American Asphalt South, Inc. $ 219,923.48 Roy Allen Slurry Seal $ 232,540.02 Funding is available in the Streets Operation Budget account number100- 4421 - 434- 20 -20. RECOMMENDATION Staff recommends that the Mayor and City Council authorize the City Manager to execute a contract agreement with American Asphalt South, Inc -to provide slurry seal services as described in this report. PREPARED BY: WILLIAM PA IC WO S MANAGER APPROVED BY; 4/ D 'VID 371rP, COMMUNIT ICES DIRECTOR APPROVED FOR AGENDA LISTING: j HARD J. WATENPAPGH, CICY MANAGER `✓ AGENDA ITEM NO. 3 ` OF PAGE �= RECEwEp CITY OF LAKE :ELSINORE OCT 13 2004 ^ CONTRACT AGREEMENT, n'rD ''A, RK This Contract Agreement. is: made and entered into PUBIC WOaaY of S;: Lake Elsinore and 2004 by and between the City of for the construction referred to s•; as Contractor,. - STREET SLURRY SEAL. PROJECT ' WITNESSETH" that the City of Lake Elsinore and the Contractor hav mutually agreed as follows: e ARTICLE I The Contract documents.for.the aforesaid'project shall consist of the = Notice Inviting Bids, - 'I to' : Bidders, Proposal; General Specifications,. Plans, "Special Provisions "and a11: referenced 'specifications, details,. .standard -drawings, and appendices, together with this Contract Agreement and all required bonds, insurance certificates, permits,- notices, and affidavits;_ and also including any .and all %addenda or supplemental agreements. clarifying, amending or extending the work - contemplated as, may .be required'to ensure its completion in an acceptable manner., All of the provisions of said Contract, documents a're'made a part• hereof as though fully set forth herein. ARTICLE II For and in consideration of the payments and agreements•to be made and performed by the City of Lake .Elsinore, Contractor, agrees to ( furnish all 'materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract documents. Contra ARTICLE III ctor agrees: to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials] performing all work, and fulfilling all obligations hereunder; Said compensation shall cover all expenses, losses, damages, _and consequences arising out of, the nature of the work during its faithfully prior to its acceptance including those for well and - faithfully completing the work and the. whole thereof in the manner and time specified in the aforesaid Contract documents and also. including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension. or discontinuance of the work; and all other unknowns or risks of any description connected with the work. The City of Lake Elsinore ARTICLE IV to y promises and agrees to and does hereby mploy; y em P y, Contractor to provide the materials, do 22 AGENDA ITEM NO. (3Y PAGE .3 OF C the work, `and, fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices r 1 aforesaid, and hereby contracts to pay the same at the time, in the manner, and .upon the conditions set forth in the 'Contract documents. ARTICLE V Contractor' acknowledges' the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code and certifies compliance, with such provisions. ARTICLE VI Contractor agrees to indemnify and hold harmless the City of Lake... Elsinore or, its officers and agents from any claims, demands, or causes of action including related expenses attorney's fees, and costs based on, arising out of, or in any way-related to .the - ,work -, undertaken by Contractor hereunder. ARTICLE VII Contractor affirms that the signatures, titles, and seals set forth herein after the execution of this Contract Agreement represent all individuals, firm members; partners, joint ventures and /or 'corporate officers,having a: principal interest herein. IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors, administrators, successors, and -assigns do hereby agree to the full performance of the' covenants herein contained and have caused this Contract Agreement to be.executed in triplicate by. setting hereunto their names,- titles, hands, and seals this day of, 2004'. Contractor: By: Title SCt'"!!Y CA Lic. Subscribed and sworn to this NOTARY'PUBLIC City of I Attested City Clex day of 23 0 AGENDA ITEM NO. PACE -OF � n TO ACCOMPANY BID SUBMITTAL STREET, SLURRY SEAL ,PROJECT A //PROPOSAL Name of Bidder: . Address of Bidder To:' City of Lake zi sinore, California The undersigned bidder, in accordance with the Inviting Bids, hereby' proposes to furnish all t materials{ equipment, tools, labor, and incidentals required for the above stated project as set forth in,!the.Plans, .Specific at'iona, and Contract -documents therefore to perform all work in .the manner and time prescribed therein. The attached Bid Schedule is`hmann a part of-this proposal. Y made The undersigned bidder declares that this proposal is -based upon careful examination of .the work site, :Plans, Specifications; Instructions to., Bidders, and all other .Contract documents. I, this proposal is-accepted for award ,.bidder agrees, to 'enter -into a Contract; with the City at the unit and /or lump sum prices -set forth in the .'following bid schedule: Bidder'undersPric that+ failure „to,, enter into' a' Contract and furnish bonds in the manner and time,pescribed will result in, forfeiture to the City „of the guarantee accompanying this proposal. The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder understands that the City Council reserves the right to accept or reject any or all proposals or to waiv formality or technicality in any propos e Agency. al in the interest of the 11 AGENDA ITEM NO. PACE 'i oFJ TO ACCOMPANY BID SUBMITTAL NAME OF BIDDER:_ f/j%�°) l((/✓I /�� /�� STREET SLURRY SEAL PROJECT BID SCHEDULE - ITEM DESCRIPTION UNIT TOTAL QTY PRICE 'r COST 1. Emulsion- Aggregate 2,473,830 0 Slurry Seal, .Type II Square Feet= Total amount of bid in words: 'TGG(�' 01aq Ora elkeleee. y Total `amount of bid in numbers; $ �Z NOTE:' All work to be .done in'accordance with• City of Lake Elsinore. Or Standard Specifications ••for- Public Works Construction; and City Engineer direction. All work is subject.to inspection by City Inspector. All work to be completed within twenty (20)..working days. Any damage to existing curb, sidewalk / or other improvements shall be repaired by ;the Contractor at cost to the City.. Any Contractor doing work in the:City must have a City business license. 12 AGENDA ITEM NO. PACE? t F LP') CONTRACTOR: Hardy and Harper SERVICE PROVIDED: Asphalt.Maintenance f AGENDA ITEM NO. Z�(P PACE, OF CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: MARCH 9, 2004 SUBJECT: CONTRACT FOR ASPHALT MAINTENANCE . BACKGROUND On January 12, 2004 the City issued a notice inviting sealed bids for asphalt maintenance services. The bid opening was held at City Hall on Wednesday, February 25, 2004, at 2:00 p.m. The scope of work consists of finnishing all materials, equipment, tools, and labor required to provide asphalt maintenance services to the City Public Works Maintenance Division on an as needed, on -call basis. The term of the agreement will be for one (1).year and maybe renewable in one year increments up to three years by the City Manager. SUMMARY The bid package consisted of two parts. Part I, a sample work order, was used to determine the lowest bidder. Part H of the bid schedule allowed for unit bid prices on several items. The unit prices were used to calculate the sample work order in Part I of the bid schedule. The unit prices in Part II of the bid schedule will be the unit prices used throughout the term of the contract for all work to be completed. Five contractors submitted a bid for the work. The bids are as follows: Contractor Hardy and Harper International Pavement Solutions NPG Pacific Asphalt Copp Location Bid Amount Santa Ana $ 72,100 San Bernardino $ 75,350 Perris $ 94,260 Ontario $ 122,200 Buena Park $ 127,000 ACRNDn lrEM NO. �' f FISCAL IMPACT The budget for the project is dependant upon the City,Council approved budget. The City does not guarantee any work or a specific dollar amount, to, the. contractor. RECOMMENDATION Staff recommends that the Mayor and City Council authorize the City Manager to execute a maintenance contract agreement with Hardy and Harper for asphalt maintenance services consistent with the above referenced terms and approved by the City Attorney. PREPARED BY: William L; Payne, .Public rks Manager APPROVED BY: w ve Sapp, Director ommunity Services APPROVED FOR AGENDA LISTING: AWWA REM NO. 3`e PAM OF_P_ CITY OF LAKE ELSINORE CONTRACT AGREEMENT This Contract Agreement is made and' ' entered" into' this -1 � day- of A/LLF{ 2004 by and between the City of Lake Elsinore and G` r � t I FE r p e,r J ytC • as Contractor for the construction referred to as: ASPHALT MAINTENANCE WITNESSETH that the City of Lake Elsinore and the ,Contractor have mutually agreed as follows: ARTICLE I The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Proposal, General Specifications, Plans, Special Provisions and all referenced specifications, details, standard drawings, and appendices, together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said Contract documents are made a part hereof as though f illy.set forth herein. ARTICLE II For and in consideration of the payments and agreements to be made and performed by the City of Lake Elsinore, Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract documents. ARTICLE III Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract documents and also including those arising from actions of the elements, unforeseen . difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE rV The City of Lake Elsinore hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract documents. ARTICLE V Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of that code and certifies compliance with such provisions. AGENDA ITEM N0. PAOE q�22 _OF 10�)_ 1 ` ARTICLE VI Contractor agrees to defend, indemnify and hold harmless the City of Lake Elsinore or its officers and agents from any claims, demands, or causes of action including related expenses attorney's fees, and costs based on, arising out of, or in anyway related to.the work undertaken by Contractor hereunder. ARTICLEYII Contractor affirms that the signatures, titles, and seals set forth herein after the execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. IN WITNESS WHEREOF, the parties hereto for themselves,' their heirs; ,executors, administrators, successors, and assigns do-hereby 'agree to the full performance of the covenants herein contained and have caused this Contract Agreement to be executed in triplicate by setting hereunto,their names, titles, hands, and seals this day of` MA, C-(+ , 2004. Contr & HARPER By le VICE PRESIDENT CALic.# - '215952 ' Subscribed and sworn to this 19 NOTARY PUBLIC/ �4- . t City of Lake Elsinore, By: ` Attested day1of MARCH , 2004. �Ir - Wmanager, City Clerk of the City of Lake Elsinore, Date l 6 3/(: ` l KRISTEN S. PAULINO _ cOMbi. #1413262 NOTARY PUBLIC, CALIFORNIA _. , ORANGE COUNTY My Comm. EXP,;May 20, 2007 AGENDA ITEM NO. PAOSa OF_1:6__ TO ACCOMPANY BID SUBMITTAL ASPHALT °MAINTENANCE PROPOSAL' Name of Bidder Hardy &.Harper,. Inc . Address of Bidder 1312 E. Warner-Ave_ Santa .Ana, yCA 92705 To: City of Lake Elsinore, California. The undersigned bidder, in ''accordance 'with the City's Notice Inviting Bids, hereby proposes to furnish all' materials, equipment, tools; labor, and incidentals'- required'for the above -' stated , :project �as, set forth •in'the, Plans, Specifications, and Contract documents therefore, ;to perform ail work in,the manner and. time prescribed therein.. The attached. Bid- .Schedule. i•s hereby made a part of this proposal. The undersigned bidder declares that this proposal is based upon careful examination of the work 'site; Plans-,,.Specifications, Instructions to Bidders, and all other Contract documents. if this proposal is accepted.for. award,, bidder agrees to enter into a Contract with the City at the unit and /or lump sum prices set forth in the following bid schedule. Bidder understands that failure to enter into a Contract and furnish bonds in the manner and time prescribed will result in forfeiture to the City,of the guarantee accompanying this proposal. The undersigned bidder% certifies that thi's proposal.'is 'made 'in good'faith; without collusion or connection with any other person or persons bidding 'on the work.• The undersigned, bidder understands that the City Council reserves the right to accept or reject any or all proposals' or to waive formality or technicality_ in any proposal in the interest of -the Agency. 11 AGiNDA ITEM NO PAQE �J TO ACCOMPANY BID SUBMITTAL BID SCHEDULE PART II ITEMS TO BE BID FOR ASPHALT MAINTENANCE Setup Mobilization Charge for each job $ 1,100.00 lump sum Remove and Re lace A.C. up to 4" (note: asphalt only does includes all related costs not include base material) I - 1,000 sq.ft. $4.20 per sq.ft. 1,001 - 5,000 sq.ft. $3.20 per sq.ft 5,001 - 10,000 sq.ft. $2,00 per, sq.ft. 10,001 + sq.ft. '$2,00 per sq.ft. Remove and Replace (note asphalt A.C. 4 " -8" includes all related costs only does not include base material) I - 1,000 sq.ft. $5.20 per sq.ft. 1,001 - 5,000 sq.ft. $4.20 per sq.ft. 51001 - 10,000 sq.ft. $3.00 per sq.ft. 10,_001 + sq.ft. $3.00 per sq.ft. 1 Crack Sealing I - 1,000 ln.ft. $6.00 per ln.ft. 1,001 - 5,000 In.ft. $1.30 per ln.ft. 5,001 - 10,000 ln.ft. $ ,40 per ln.ft. 10,001 - 20,000 ln.ft. $ .30 per ln.ft. Install Asphalt Berm I - 1,000 ln.ft. $ 4.00 per ln.ft. 1,001 - 5,000 ln.ft. $ 3.50 per ln.ft. 5,001 - 10,000 ln.ft. $ 1.50 per ln.ft. 10,001 - 20,000 ln.ft. $ 1.50 per In.ft. 14 AC4KDA ITEM NO (..0) CITY OF LAKE ELSINORE _ JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: MAYOR AND CITY COUNCIL REDEVELOPMENT AGENCY CHAIR.AND BOARD FROM: 'ROBERT ROBERT A. BRADY, CITY•MANAGER/EXECUTIVEDIRECTOR DATE: SEPTEMBER 27, 2005 SUBJECT: LEGAL, SERVICES AGREEMENT — CITY ATTORNEY /AGENCY GENERAL COUNSEL BACKGROUND Van Blarcom,,Leibold, "McClendon & Mann.has served as the, City Attorney and Agency General Counsel since 1997. In the;eight years of service, the City Attorney has sought and received one pay increase- in 2001. Currently, the City Attorney . charges an hourly fee of $155 per "hour;,the monthly retainer for general services of approximately 50 hours a month is $7,000. There has been no increase in the monthly retainer since 1997. Van Blarcom, Leibold, McClendon & Mann has extensive experience representing cities and redevelopment agencies. The attached Profile-demonstrates that the firm's expertise and areas of concentration are exceptionally well - suited to serve the City's needs for legal services.. The City also benefits from its long -term relationship with the current City Attorney and her familiarity with. City matters. DISCUSSION The City Attorney seeks an increase in the hourly rate and monthly retainer. For work under the general services retainer, the City Attorney requests an increase to $8,500 per month. For specialized legal services, the City Attorney requests a rate of $170 per hour of attorney and $110 per hour for paralegals. Future increases are tied to the Consumer Price Index. The requested hourly rate remains substantially below those fees paid by the City to other professionals. For instance, the Ferguson Group recently proposed to provide lobbying services at rates beginning at $200 for senior associates and up to $350 for partners. The City's labor attorney, Steve Filarsky, bills at $220 per hour. AGENDA ITEM 1N0.__ JOINT REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY SEPTEMBER 27, 2005 PAGE 2 The requested hourly rate also compares favorably to other law firms providing city attorney services in Riverside County (e.g., Corona -- $180 per hour for general legal services and $195.00 per hour for special legal services; Temecula -- $160 to $245 per hour depending on the nature of the services; Hemet -- $235 per hour; Banning -- $225 per hour). The attached Legal Services Agreement is attached for your review. The scope of services is set forth in Exhibit A to the Agreement and the hourly rates and provision for CPI adjustments are set forth in Exhibit B. FISCAL IMPACT While the actual costs are largely contingent on the City's utilization of the City Attorney's office, the proposed increase may potentially increase the CityAttomey budget by approximately 10 %. RECOMMENDATIONS That the City Council and Agency Board consider the requested fee increase by the City Attorney -and, if approved, authorize the City Manager /Executive Director to execute the attached Legal Services Agreement. PREPARED BY: BARBARA ZEID LEIBOLD, CITY ATTORNEY,, /AGENCY COUNSEL APPROVED FOR AGENDA LISTING: 0 DIRECTOR'}$ OFFICE., N AGENDA ITEM No. 1�7 PACE rL OF 1 AMENDED AND RESTATED AGREEMENT FOR LEGAL SERVICES This Amended and Restated Agreement foi1egal Services (the `.`Agreement ') is made and entered into as of the — day.of September 2005; by and between the'City of Lake Elsinore, a' municipal corporation and the Redevelopment Agency of the City of Lake Elsinore, a public body, corporate and politic (collectively as the "City"), on the one hand, and Van Blarcom, Leibold, McClendon & Mann, a professional corporation ( "VLMM "), on the other hand:, RECITALS A. City engaged VLMM to perform the duties of the office of the City Attorney and Agency General Counsel by Agreement dated July 1, 1997 and amended by City Council action on June 26, 2001 (the "Existing Agreement").. B. VLMM is specially trained; experienced and competent to perform the special.services which . will be required by this Agreement: ; . . _.. .. I F, C. VLMM possesses the skill; experience, ability, background, certification and knowledge to provide the services described;in this Agreement on the terms and conditions described herein. D. City and VLMM desire to enter, into this Agreement to amend and restate the Existing Agreement. _ ,r n 'AGREEMENT 1. ,! Scone of Services. By this'Agreement; City retains VLMM to perform the duties of,City Attorney and Agency General Counsel and to provide the services described on Exhibit A which is attached hereto and incorporated herein by reference. VLMM shall provide said services at the time; place and in the manner specified in Exhibit A, subjectto the direction of the City Council.and the. Redevelopment Agency Board (collectively as the "City Council "). In connection with the performance of the duties oflthe City Attorney /Agency General Counsel, City agrees to be truthful with VLMM, to.cooperate•with VLMM's representation, and to make available, in prompt:and businesslike manner,, all necessary and available documentation and background data as may be, necessary from time to time. 2. Time of Performance. The terms and conditions under this Agreement shall commence on. Septemben1; 2005 and shall continue thereafter unless amended or terminated. . . 3:. Compensation. Compensation to be paid to VLMM shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. 4. Method of Payment. VLMM shall:submit; monthly billings to City ,describing.the work.' performed during the preceding month ;rVLMM'.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: F Servicesmill be billed in increments of one- tenth (1/10`h) of an hour. City shall pay VLMM no later than 30 days after approval of the monthly 1 invoice by the City Manager. I. AGENDA ITEM NO. . PAGE '42 OF `3 5. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. •Upon termination, ( 1 VLMM shall be entitled to compensation for services performed up to the effective date of termination:, - 6. Ownership of Documents. All writings prepared by VLMM in the course of implementing this Agreement, except working notepad, preliminary draft and internal documents, are the property of the City. 7. . VLMM's Books and Records. a. VLMM shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of payment to VLMM under this Agreement. b. - VLMM shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit by the City Manager, City Auditor or designated City Councilmember(s), at any time during regular business hours, upon written request by the City Council. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at.VLMM's address indicated for.receipt of notices in this Agreement. Nothing herein shall require or permit the release or inspection of any privileged document without the express written waiver of such privilege by the City Council: d.- Where City has to believe that such records or documents maybe lost, or discarded due to di ssolution; di sbandment.or termination of VLMM'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. S. Independent Contractor. It is understood that VLMM, 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. VLMM shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and VLMM hereby expressly waives any claim it may have to any such rights. . ,, 9. Interests of VLMMi VLMM.(including principals; associate's and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not: acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or'investment which would be affected in any manner or degree by the performance of.VLMM's services hereunder. VLMM further covenants and represents Z "J1 AGENDA ITEM N0. OF PAGE that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.., 10. Professional Ability of VLMM. City has relied upon the professional training and ability of VLMM to perform the services hereunder. as a material inducement to enter into this Agreement. VLMM shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by VLMM under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in VLMM's field of expertise. 11. Compliance with Laws. VLMM shall use the standard of care in its profession to comply with all.applicable federal, state and local, laws, codes, ordinances and regulations. 12. Licenses. VLMM represents and warrants to City that it has the •licenses,, .permits, qualifications, insurance and approvals of whatsoever nature which are legally required of VLMM to practice its profession. VLMM represents and warrants to City that VLMM shall, at its sole cost and expense, keep .in effect or obtain at all. times during, the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of VLMM to practice its profession.- 13. Indemnity. VLMM 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,arid expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 14. Professional Liability Coverage. VLMM shall maintain professional errors and omissions liability insurance for protection against claims alleging, negligent acts, errors or omissions which may arise from VLMM's operations under this Agreement, whether such operations by the VLMM or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. 15. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be.addressed to the other. party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as.provided in this section. If to City: City of Lake Elsinore Attn: City Manager , 130 South Main Street ; Lake Elsinore, CA 92530,• If to VLMM: Van Blarcom, Leibold, McClendon & Mann, P.C.,, Attn: Barbara Zeid Leibold 23422 Mill Creek Drive, Suite 105 Laguna Hills, CA 92653 3 AGENDA ITEM N0. PAGE _5 OF I 16. Entire Agreement. This Agreement is an amendment and restatement, of the Existing Agreement and constitutes the complete and exclusive statement of Agreement between the City and VLMM. All prior written and oral communications, including the Existing Agreement, correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 17. Amendment's. This Agreement may be modified or amended only by a written document executed by both VLMM and City and approved as to form by the City Attorney. , 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of VLMM. VLMM shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the VLMM under this Agreement will be permitted only with the express'consem bf the City. VLMM shall not subcontract any portion of the work to be performed under this 'Agreement without the written authorization of the City. If City consents to such subcontract, VLMM shall be fully responsible'to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. -' Waiver. Waiver of abreach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other' provision under this Agreement. 20. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by' a court of competent jurisdiction,'the remaining provisions of this Agreement shall continue in full force and effect. 21. Controlling Law Venue. 'This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall beheld exclusively in a state court in the County of Riverside. 22. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other py arising out of this Agreement, the prevailing party shall be entitled to recover its reasonabl artlitigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 23. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally,"It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation'. 24. Execution. This Agreementmay'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 AGENDA ITEM N0. 57 PAGE OF `3 copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 25. Authority to Enter Agreement. VLMM has all requisite power and authority to conduct its business and to execute, deliver, and. perform, the Agreement. Each. party .warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 26. Prohibited Interests. VLMM maintains and warrants that it has not employed nor retained any company or person, other.than a bona fide employee working. solely for VLMM, to solicit or secure this Agreement. Further, VLMM 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 VLMM, any .fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement, without liability. For the term of this Agreement, no member; officer or employee of City, during the term of his or her service.with City, shall have any, direct interest in this Agreement, or obtain any,present or anticipated material benefit arising therefrom.... 27. Equal Opportunity Employment. VLMM represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. VLMM /-� shall also comply with all relevant provisions of City's Minority Business Enterprise program, i 1 Affirmative Action Plan or other related programs or gdidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE /: VANBLARCOM, LEIBOLD, REDEVELOPMENT AGENCY OF THE MCCLENDON & MANN, P.C. CITY OF LAKE ELSINORE: By: Robert A. Brady, City Manager/ By: Barbara Zeid Leibold /Executive Director ATTEST: City Clerk/Agency Secretary 51 AGENDA ITEtvi No. __3 7 PAGE '7 of a EXHIBIT "A» SCOPE OF SERVICES (� Barbara Leibold is hereby designated as the City'Attorney'to the City and General Counsel to the Redevelopment Agency. Additional attorneys and licensed paralegals my be assigned to perform services in connection with the performance of the Agreement as deemed necessary and appropriate by Ms. Leibold. General Legal Services. This work consist of attending regularly scheduled meeting of the City Council, Agency Board and Planning Commission along with review of standardized agreements and the provision of legal advice on general municipal matters. City and VLMM mutually estimate General Legal Services to require approximately 50 hours'per month. Special Legal Services. (A) franchise, financial and'economic development matters; (B) natural resources and environmental issues; (C) land use, real estate or real property related matters;" (D) redevelopment and housing; (E) labor relations and employment law; (F) election law matters; (G)litigation; (H) water and utilities; and (1) other special matters requiring special expertise and /or anticipated to require significant attorney time: + . AGENDA ITEM No. FACE � of 13 EXHIBIT `B" ( SCHEDULE OF CHARGES Retainer Services. VLMM shall be compensated by City for the performance of General Legal Services byway of a :retainer in the amount of $8,5.00 per month. Additional Specialized Services. Additional legal services provided by the City Attorney and any Assistant/Deputy City Attorneys shall be compensated at a rate of $170 per hour; services provided by paralegals shall be compensated at a rate of $110 perhour. Third Party Reimbursements. All legal services provided to the City for which the City receives reimbursement from a developer or other third party;' as determined according to the mutual agreement of the parties on a case -by -case basis, shall be billed at VLMM's then current published standard private client rates, minus ten percent (10 %0). 1f VLMM believes that a matter falls within - ,the reimbursed services category, VLMM shall first seek_approval from the. City Manager, -f Issuer's Counsel.for Municipal Bonds.. A minimum fee of $15,000 and increasing to 1/10 of 1 %'of the amount of the bond issuance in excess of $15,006;000 (to be paid'as a cost of issuance from bond proceeds):' „- Adjustments to Rates. The rates provided in this Exhibit shall be automatically adjusted as follows:. On July 1, 2006 and every July 1 st thereafter during the term of the Agreement, all rates shall be adjusted for. changes in the cost of living for the most recently published twelve (12) month period, f ,as shown by the U.S. Department of Labor in its All Urban Consumer Index set forth for the Los Angeles- Anaheim - Riverside area - Cost' Reimbursement and Exceptions. The City and the Agency shall reimburse VLMM for all reasonable'and necessary out-of-pocket expenses incurred by VLMM in-providing legal services:;,. Authorized'reimbursable expenses shall include,'but are not limited to, printing and copying expenses (at $0.15 per page, or at cost if provided bythird party copy services), mileage expenses at the rate allowed by the Internal Revenue Service (except as provided below), court fees, computerized research time (e.g, Lexis or Westlaw); extraordinary mail or delivery costs (e.g:,., courier, overnight and express delivery), actual fees and expenses (no mark -up) for consultants retained by VLMM; and similar costs relating to'the services that are generally chargeable to a client. However; no separate charge shall be made by VLMM for secretarial or word processing services," and'no mileage shall be charged for attendance at anymeeting scheduled within the City of Lake'' Elsinore. n AGENDA ITEM Nib. pAGE__CA OF VAN BLARCOM, LEIBOLD, MCCLENDON & MANN A PROFESSIONAL CORPORATION Van Blarcoin, Leibold; McClendon & Mann specializes in public law. The firm's attorneys have extensive experience in representing cities, redevelopment agencies, water districts add other'spccial districts in the areas of municipal and redevelopment law, housing, environmental and land use law, water law and public law litigation. SUMMARY, OF PRACTICE AREAS - MUNICIPAL LAW, LAND USE AND PLANNING Van Blarcom, Leibold, McClendon & Mann is well - versed in municipal law; land use and planning matters: We have represented numerous cities as general and special' counsel on such 'diverse'issues as public facility leases;'public service and public works contracts and. competitive bidding requirements, developer fee exactions, general and specific plans, subdivision map approvals, conditional use permits, subdivision and zoning ordinances; and development agreements. In addition,.we have expertise in 'areas of general city: attorney,concem such.as conflicts of interest, Brown,Act open meeting.laws, public records requests, intergovernmental relations, preparation of resolutions, ordinances and agreements, , code enforcement and election law matters. REDEVELOPMENT LAW' As alumni of one of California's few law firms specializing in the representation of redevelopment agencies, the attorneys of VantBlarcom; Leibold, McClendon & Mann have a remarkable breadth of experience in redevelopment law. We have served over 30 agencies in negotiating and preparing exclusive negotiating agreements, property acquisition agreements, disposition and development agreements, owner participation agreements, affordable •housing agreements, cooperation agreements, and tax_ sharing agreements. These agreements have been with a variety of, entities, in many cases providing for, major commercial, industrial, residential, or recreational development and requiring sophisticated structuring. We have' also provided legal services in connection with numerous redevelopment plan adoptions, plan amendments and project area mergers. . HOUSING LAW - , , .i'. The firm has extensive experience in affordable housing projects and programs and compliance with housing law requirements. Under the leadership of Barbara Leibold; our expertise in affordable housing matters includes projects /programs involving redevelopment set aside funds, federal HOME and CDBG funds, low income housing tax credits, HELP funds and other public and private financing sources. We have assisted city and redevelopment agency clients in the formulation of a variety of affordable housing programs, including first time homebuyer and other down payment assistance programs, owner- occupied and rental rehabilitation loan /grant programs and rental assistance programs. We have negotiated and prepared agreements for affordable single family, multi - family, senior housing, and single room occupancy projects. Our housing law experience also includes preparation and review of affordable housing strategies, housing fund deficit reduction and expenditure plans, redevelopment agency implementation plans, replacement housing plans, replacement and inclusionary housing strategies, inclusionary housing ordinances, density bonus ordinances and density bonus agreements, and Housing Element compliance. Van Blarcom, Leibold, McClendon & Mann 23422 Mill Creek Drive, Suite 105 A Professional Corporation Laguna Hills, CA 92653. Qrs/ Q.t/ Telephone: (949)457 -6300 Facsimile :(949)457 -6305 AGENDA ITEM NO. 3 7 ?AGE 11 ) OF ( t ENVIRONMENTAL LAW We take particular pride in the firm's expertise in advising cities, redevelopment agencies and other public entities on procedural and substantive CEQA compliance, and in representing such agencies in CEQA litigation. Our attorneys are exceptionally well qualified to provide legal services in this highly specialized and continually evolving area of the law: We also have`extensive'experience in the preparation and review' of Environmental Impact Reports, Negative Declarations, project exemptions, and other environmental documents to assure compliance with, CEQA and State and' local CEQA guidelines. The firm also advises' public agencies on complex wetlands, wildlife and habitat mitigation matters arising in the context of NEPA, CEQA, and other Federal and State environmental statutes. " WATER LAW The firm is one of only a handful of Southern California law firms specializing in water law. , As the head of this practice area, Ron Van Blarcom, has been involved in virtually every aspect of the legal issues facing clients involved in the Southern California water industry, including extensive involvement on behalf of public water purveyors in the drafting and implementation of water conservation programs and the setting of water rates and charges. 'He has been involved in several water rights adjudications, including the Mojave River Basin adjudication, and has served as special counsel to city clients regarding water matters. RELOCATION LAW Van Blarcom, Leibold, McClendon' &Mann is well versed in federal and state relocation law "and has ^ advised many clients concerning relocation' matters in connection with public works and redevelopment 1 projects. "We have also assisted clients in the preparation', adoption and implementation of relocation plans and relocation guidelines,` including the provision of legal services to the Los Angeles County' Community DevelopinentCommission'in the promulgation of its Relocation Policies and Procedures.' LOCAL GOVERNMENT REORGANIZATION Our lawyers have been at the forefront of the recent government reorganization movement, and are familiar with the complex and sometimes contradictory provisions of the Cortese -Knox Local Government' Reorganization Act of 1985. We successfully guided one of the first special district reorganizations (the consolidation of the, Capistrano Beach Water District and the Capistrano Beach Sanitary District) through the Orange County LAFCO. We continue to represent'clients before LAFCO Boards and in' litigation on government reorganization matters. " PUBLIC L'AW'LITIGATION Van Blarcom, Leibold, McClendon & Mann provides full public law_ litigation services. The firm's representation of public agencies includes breach of contract, environmental, constitutional and water- related claims, as well as eminent 'domain, inverse condemnation, governinental estoppel and all aspects of redevelopment" plan adoption, amendment, and implementation. The firm also assists clients, in code enforcement matters, alternative dispute resolution proceedings and administrative hearings. 1 ' Van Blarcom, Leibold, McClendon & Mara 23422 Mill Creek Drive, Suite 105 A Professional Corporation - Telephone: (949) 457 -6300 Laguna Hills, CA 92653 Facsimile: (949) 457 -6305 AGENDA ITEM NO 2 PAGE i 0F_\_-�- ATTORNEY PROFILES RONALD A. VAN BLARCOM Ronald Van Blarcom is a 1986 graduate of the University of California, Hastings College of the Law Ron's practice focuses on, public law, CEQA and environmental law and emphasizes the related fields of water rights and water law. He has.been involved in every aspect of the legal,issues facing clients involved in the Southern California water industry. Ron remains regularly apprized of statewide water supply issues and water related legislation, and has served on the Legal Affairs and Environmental Issues Committees for; the Association of California Water Agencies. Ron's expertise,in CEQA matters has led to his involvement in more than a dozen CEQA lawsuits, including many appearances before California trial and appellate courts. BARBARA ZEID LEIBOLD Barbara Zeid Leibold is a 1987 graduate of the University of California, Hastings College of the Law and has a Masters Degree in City Planning from the University of California at Berkeley. She specializes in .the fields of municipal, redevelopment, and housing law and has advised over 25 California redevelopment agencies and cities in the capacity of special counsel, general counsel and city attorney: Barbara has extensive experience in general municipal and land use law, utilizing her joint degree in planning and law to provide the highest quality representation to city clients. She is a skilled negotiator and has represented city clients in connection with a wide variety of contract negotiations as well as land use and zoning matters involving complex constitutional and financial issues. , In addition- to, her municipal law practice, Barbara has represented redevelopment agencies in.connection with all aspects of redevelopment plan adoption, amendment and implementation, with special emphasis in low and moderate income housing matters. Barbara's expertise in affordable housing is recognized statewide. She has been an active member of the Housing Task Force of the California Redevelopment Association since its inception and has instructed numerous continuing education seminars in redevelopment and affordable housing, including the "Advanced Affordable Housing Development" course of the CRA Redevelopment Institute. JOHN G. McCLENDON ,. John McClendon is a 1989 graduate of the University of Southern Califomia,Law Center. John Specializes in redevelopment law and has provided legal counsel to more than 20 redevelopment agencies in, negotiations with such diverse entities as land developers, automobile dealerships,, cinema ,operators, nonprofit corporations, historic preservationists, environmental groups, governmental entities, CaISTRS and the Walt Disney Company. He has been responsible for overseeing numerous plan, adoptions, plan amendments and project area mergers. John McClendon also specializes in CEQA and environmental law. He has extensive experience in advising and assisting redevelopment agencies, cities, and special districts in the preparation of legally defensible CEQA documents and findings, as well as in representing such ,agencies when they face threatened or actual CEQA litigation. John is an active member of the California Redevelopment Association's Brownfields and Environmental Committee, a regular participant at the State Bar Environmental Law Section's annual environmental institute, and has presented continuing education courses on CEQA and redevelopment.law. Van Marconi, Leibold, McClendon &Mann 23422 Mill Creek Drive, Suite 105 A Professional Corporation - Telephone: (949) 457 -6300 Laguna Hills, CA 92653 Fats .1 a (949) 457 -63 AGENDA ITEM Nd. I 12_.. 4F DAVID H. MANN r David Mann is a 1988 graduate of the University of California, Hastings College of the Law and has an undergraduate degree in Business Administration from California State University, Sacramento. David was formerly a Deputy City Attorney for the City of San Diego and currently specializes in representing cities, redevelopment agencies and special district in municipal litigation matters. He has represented several redevelopment agencies in litigation involving challenges to plan amendments, enforcing provisions of owner participation agreements and disposition and development agreements, and housing fund expenditures. David Mann has prepared amicus briefs on behalf of the League of California Cites and the California Association of Bond Lawyers. He has several published appellate court opinions and written articles for the Los Angeles Journal and the Public Law Journal concerning municipal self - insurance, legislative privilege and post- Proposition 13 finance issues. David is also a Certified Public Accountant. STEPHEN M. MILES Stephen Miles graduated cum laude from Vermont Law School in 1996 with a joint law degree and Masters Degree in Environmental Law. Additionally, Steve clerked for the Vermont Supreme Court and was a visiting student at the University of California, Hastings College of the Law. Steve has an undergraduate degree in Social Ecology from the University of California, Irvine. Steve specializes in the representation of public entities, including cities and special districts, with a particular emphasis in environmental law, wetlands and endangered species regulation, CEQA compliance and LAFCO matters. He also serves as General Counsel to several nonprofit corporations, and CEQA counsel to numerous corporations and environmental organizations. Steve was recently appointed to a three year term on the Executive Committee of the Environmental Law Section of the State Bar of California where he will focus on State environmental law publications and environmental negotiation programs. JOY H. OTSUKI Joy Heuser Otsuki graduated from Loyola Law School, Los Angeles in 1995, where she was a member of the St. Thomas More Honor Society and a recipient of the American Jurisprudence Award. In addition, she was an extern for Santa Monica City Attorney's office and for a federal Magistrate Judge. Joy has an undergraduate degree in Business Economics from the University of California, Santa Barbara. Joy currently assists in the representation of various redevelopment agencies, cities, and nonprofit entities in connection with issues of redevelopment, municipal, land use, and housing law. Prior to joining Van Blarcom, Leibold, McClendon & Mann, she represented public entities in bond financings and corporate and other entities in various transactional aspects of business, corporate and securities law. Joy is a Certified Public Accountant. MARY ANNE WAGNER, OF COUNSEL Mary Anne Wagner graduated magna cum laude from the University of California, Hastings College of the Law in 1993 and has an undergraduate degree in Public Administration from San Diego State University. Mary has specialized in the representation of public entities since she began practicing law with a particular emphasis in municipal and redevelopment law. Van Blarcom, Leibold, McClendon & Mann 23422 Mill Creek Drive, Suite 105 A Professional Corporation Telephone. (949) 457 -6300 Laguna Hills, CA 92653 Facsimile. (949) 457 -6305 AGENDA ITEM NO. -7-7 OF