HomeMy WebLinkAbout10/24/2006 CC Reports
1
!
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
ROBERT E. "BOB" MAGEE, MA YQR
ROBERT L. SCH[FFNER, MAYOR PRO TEM
THOMAS BUCKLEY, COUNC[LMEMBER
DARYL HICKMAN, COUNC[LMEMBER
GENIE KELLEY, COUNC[LMEMBER
ROBERT A. BRADY, C[TY MANAGER
WWW.LAKFrELSINORE.ORG
(95[) 674-3114 PHONE
(95[) 674-2392 FAX
LAKE ELS[NORE CULTURAL CENTER
[83 NORTH MAIN STREET
LAKE ELSINORE, CA 9Z53Il
*************************************************************
TUESDAY, OCTOBER 24, 2006 - CLOSED SESSION AT 5:00 P.M.
PUBLIC SESSION AT 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.
Thankyouforyourcooperation!
CALL TO ORDER
ROLL CALL
CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov't Code g54956.8):
Property: APNs 373-310-007, 373-310-006, 373-300-009, 373-300-
015,373-300-017,373-300-012,373-300-012, 371-020-001; southern
stub portion of Lucerne Street south of Lakeshore.
Negotiating parties: City of Lake Elsinore and Watersedge Elsinore
Associates, LLC./ Watersedge Investments, LLC
Under negotiation: price and terms of payment
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Gov't Code g54956.8):
Property: A portion of Lot 1 of Tract 38314-4 of the Alberhill
Community Park consisting of approximately 7,000 square feet
underlying the Boys & Girls Club facility presently under
construction
Page 2 - City Council Agenda - October 24, 2006
Negotiating parties: City of Lake Elsinore and Boys & Girls Club of
Southwest Riverside County
Under negotiation: price and terms of payment
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - (Subdivision (a) ofGov't Code g54956.9)
Wildomar and Lake Elsinore Residents for Responsible Growth v.
City of Lake Elsinore (Riverside Co. Superior Court Case No. RlC
449594).
D. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED
LITIGATION - Significant exposure to litigation pursuant to
subdivision (b) ofGov't Code g54956.9: (1 potential case)
E. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED
LITIGATION - Initiation of litigation pursuant to subdivision (c) of
Gov't Code g54956.9: (1 potential case)
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
PLEDGE OF ALLEGIANCE
INVOCATION - MOMENT OF SILENT PRAYER
ROLL CALL
PRESENTATIONS/CEREMONIALS
A. Proclamation - National Family Week
B. Presentation - Lake Elsinore Unified School District
C. Chamber Update
CLOSED SESSION REPORT
PUBLIC COMMENTS - NON-AGENDlZED ITEMS - 1 MINUTE
(Please read & complete a Speaker's Form at the Podium, prior to the Start
of the City Council Meeting)
Page 3 - City Council Agenda - October 24, 2006
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.)
I. Minutes.
a. Joint City Council/Redevelopment Agency Study Session-
September 12,2006.
b. City Council Meeting - September 12, 2006.
c. Joint City Council/Redevelopment Agency Study Session-
September 26, 2006.
RECOMMENDATION:
Approve.
2. Claims against the City.
RECOMMENDATION:
Reject the claim.
3. Disposal of surplus electronics as scrap.
RECOMMENDATION:
Approve the disposal of surplus
electronic equipment to be scrapped
as e-waste.
4. Professional Services contract for Code Enforcement Supervisor.
RECOMMENDATION:
Authorize the City Manager to
execute a new professional services
contract with Anthony Romero as a
Code Enforcement Supervisor.
Page 4 - City Council Agenda - October 24, 2006
S. Construction contract award for "City Park" restaurant/restroom
building.
RECOMMENDATION:
Award the contract to 4-Con
Engineering, Inc for $496,032.
Transfer $321,000 from Park CIP
Fund to City Park restaurant/restroom
building project.
Authorize the Mayor to execute the
contract with 4-Con Engineering, Inc.
6. Supplemental Law Enforcement Service Fund (SLESF) Expenditure
Plan.
RECOMMENDATION:
Approve the expenditure plan for
2006-2007 and authorize staff to
submit said information to the
Riverside County Sheriff's
Department Grants Unit.
7. Resolution ofIntention to annex property into Community Facilities
District No. 2003-1 (Law Enforcement, Fire and Paramedic Services)
and to authorize the levy of a special tax within Annexation Area No.
21 (Riverlake Villas).
RECOMMENDATION:
Adopt Resolution No. 2006-177 to
annex property from Annexation Area
No. 21 into CFD No. 2003-1.
Schedule the public hearing on
Annexation Area No. 21 (Riverlake
Villas) fO,r November 28,2006.
Page 5 - City Council Agenda - October 24, 2006
8. Approve a Deposit and Reimbursement Agreement, Resolution of
Intention to establish Community Facilities District No. 2006-10
(Riverlake Villas) and Resolution ofIntention to incur bonded
indebtedness.
RECOMMENDATION:
PUBLIC HEARING
None
BUSINESS ITEMS
Approve a Deposit and
Reimbursement Agreement.
Adopt Resolution No. 2006-178 to
establish CFD No. 2006-10 and
calling a Public Hearing for
November 28, 2006.
Adopt Resolution No. 2006-179 intent
to incur bonded indebtedness with
proposed CFD No. 2006-10.
3 I. Change Order for Professional Engineering Services.
RECOMMENDATION:
Approve the additional funds in the
amount of $700,000 ($350,000 each)
for the contracts with Harris and
Associates and Bureau Veritas.
Authorize City Staff to process
purchase orders in the amount of
$350,000 for each contract.
32. Extension of time for Tentative Tract Map No. 32129.
RECOMMENDATION:
Adopt Resolution No. 2006-180
approving an Extension of time for
TIM No.3 2129 for a period of one
year.
Page 6 - City Council Agenda - October 24, 2006
33. "No Parking Zone" on Spring Street between Flint Street and
Minthorn Street.
RECOMMENDATION:
Adopt Resolution No. 2006-181
prohibiting parking on the east side of
Spring Street, from Flint to Minthorn
and on the west side of Spring Street,
from Minthorn to approximately 100
feet south of Minthorn Street.
34. Tri-Party Agreement and Ground Lease of park property for use as a
Boys & Girls Club.
RECOMMENDATION:
Approve Tri-party Agreement and
Ground Lease.
Authorize the Mayor to execute the
agreement and lease, subject to any
minor modifications as approved by
the City Attorney.
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
COMMITTEE REPORTS
CITY TREASURER COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT
MINUTES
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 12, 2006
********************************************************************
CALL TO ORDER
Mayor Magee called the Joint Study Session to order at 4:01 p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS: HICKMAN, KELLEY,
SCHIFFNER, MAGEE
ABSENT:
COUNCILMEMBERS: BUCKLEY
(Councilmember Buckley arrived at 4:26 p.m.)
Also present were: City Manager Brady, City Attorney Leibold, Administrative
Services Director Pressey, Community DevelopmentDirector Preisendanz,
Lake & Aquatic Resource Director Kilroy, Community Services Director Sapp,
City Engineer Seumalo, Recreationrrourism Manager Fazzio, Finance
Manager Riley, City Treasurer Weber and City Clerk Ray.
DISCUSSION ITEMS
Mayor Magee gave an overview of the presentations; and confirmed that the
awardees would be present at the 7:00 p.m. meeting.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
Agenda Item NO.~
Page I of II
PAGE 2 STUDY SESSION MINUTES - SEPTEMBER 12, 2006
I. Minutes.
No comments.
2. Warrant List - August 15,2006.
August 31, 2006.
Councilmember Hickman requested clarification of various checks issued on
the warrant list. Staff clarified the items.
City Treasurer Weber inquired if Harris and Associates was supposed to be paid
out of bond proceeds.
Administrative Services Director Pressey confirmed that they are paid out of
bond proceeds. He noted that the check run was a culmination of all funds of
the City. He noted that a list of all CFD funds that may have related to Harris
and Associates invoices were in the staff report.
3. Claim against the City.
City Manager Brady clarified that the incident was not located within City
limits.
4. Implementation Agreement for Old San Jacinto River Project Grant.
Councilmember Kelley commented on the 3,000 feet of fencing. She inquired
what that was going to look like. She further inquired where the fencing would
be placed.
Lake & Aquatic Resource Director Kilroy indicated that the plan was very
conceptual. He noted that the type of fencing had not yet been determined. He
clarified the areas where fencing was needed.
Council member Kelley inquired what type of fencing was considered to be
used.
Lake & Aquatic Resource Director Kilroy indicated that the fencing would be
fairly simple.
\
Agenda Item No. \ ()
Page 2 001
PAGE 3 STUDY SESSION MINUTES - SEPTEMBER 12, 2006
Councilmember Kelley commented on the pond reconfiguration installation of
water control structures. She requested further clarification on what the water
control structures would be.
Lake & Aquatic Resource Director Kilroy noted that he wanted to be able to
control and pump down channels to recover fish orfor water fluctuation. He
noted that he wanted the ability to shut a gate valve to move water at the end of
a channel.
Mayor Magee commented on the body of the staff report that referred to
interpretative signage. He noted that he had hoped interpretative signage meant
trails and the public's access to the area.
Lake & Aquatic Resource Director Kilroy confirmed.
Mayor Magee inquired ifthere would be stands with baggies for pet's
excrement.
Lake & Aquatic Resource Director Kilroy noted that he had done some research
on providing such an amenity and felt that there would be an opportunity to
provide such item.
5. Construction contract award for Lincoln Street Park.
Councilmember Kelley inquired on the timeline for the project once it was
awarded.
Community Services Director Sapp noted that once the contract was awarded,
within 2 weeks he would hold a pre-construction meeting. He noted that within
2 to 3 weeks following the meeting, construction would begin. He noted that it
should take 60 days for construction with a 90 day maintenance period.
Councilmember Kelley inquired on the status ofEVMWD's progress on the
well located at the park across the street from Lincoln Street Park.
City Manager Brady noted that currently there were not any specific plans. He
noted that the City had not received anything specifically from EVMWD on
that matter. He noted that it was his belief that they were still doing some work
in terms of the well.
Agenda Item No. \ c,
Page 3 of 11
PAGE 4 STUDY SESSION MINUTES - SEPTEMBER 12, 2006
Councilwoman Kelley noted that she had a diligent property owner in that area
that e-mails her on a regular basis asking for updates. She noted that they have
been more than patient for years on both park lots. She noted that she would
like to give them positive information on the status of the parks.
Mayor Magee noted that since the project was significantly more than what the
City's engineers estimated, it should be instilled in the contractor that the City
was not interested in seeing change orders. He noted that he appreciated
Community Services Director Sapp going out for a second bid.
Community Services Director Sapp noted that he was not anticipating any
change orders.
6. Notice of completion for Spring Street Improvements.
Mayor Magee complimented Community Services Director Sapp on ajob well
done. He also thanked the Engineering Department for taking care of the
project.
Community Services Director Sapp thanked the engineering department for
helping to carry out the project.
7. Machado Street Improvements - Change Order No.1.
Mayor Magee noted that there were 3 homes on the north side of Machado that
he had discussed with the City Manager where the ultimate right-of-way had
not been taken. He inquired on an update in regard to that status.
City Manager Brady noted that he would need to get an update in regard to the
status.
PUBLIC HEARINGS
21. Tentative Condominium Map No. 34309 and Residential Design Review
(RDR) No. 2005-25.
Mayor Magee inquired if the standard that the design elements were being held
to were consistent with the Corman Leigh development.
Agenda Item No. \ C~
Page 4 of 11
PAGE 5 STUDY SESSION MINUTES - SEPTEMBER 12, 2006
Community Development Director Preisendanz confirmed.
Mayor Magee inquired if the applicant was in compliance with parking
standards.
Community Development Director Preisendanz confirmed.
Mayor Magee commented that there were two covered parking spots per unit
and one visitor spot for each building.
Community Development Director indicated that the Development Code
requires 1.33 open parking spaces per unit.
22. The Village at Lakeshore Specific Plan.
Community Development Director Preisendanz stated that normally all
Planning Commission background information is included the staff report. He
apologized for not including that information in the staff report. He noted that
all the exhibits that Council was provided were the same items that were
provided to the Planning Commission.
Mayor Magee commented that the developer controls all 3 comers of the area.
He noted that the developer had been working with Caltrans and the
Engineering Department on the ultimate configuration. He noted that they were
able to come up with a configuration which would maintain the curve and
install a traffic signal. He noted that the additional pieces of right-of-way, that
would be vacated, would be landscaped and maintained.
Mayor Magee commented that the density was 7.4 dwelling units per acre. He
noted that the units were of a decent size. He noted that he was excited that the
landscaping plan was not just a minimal approach. He noted that he felt the
project would be a good addition to the area and a desirable destination.
Mayor Pro Tern Schiffuer noted that he was pleased to see that there were
single-story units included in the project.
\ c-
Agenda Item No_ I <..-{
PageS of!l
PAGE 6 STUDY SESSION MINUTES - SEPTEMBER 12, 2006
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1190 - Approving Ramsgate Specific Plan
No. 89-1 Fourth Revision.
No comments.
32. Second Reading - Ordinance No. 1191 - Amending Chapter 17.66 (Parking
Requirements) of the Lake Elsinore Municipal Code.
No comments.
33. Second Reading - Ordinance No. 1192 - Amending and restating Chapter 2.20
of the Lake Elsinore Municipal Code regarding Disaster Relief.
No comments.
34. Resolution adopting the National Incident Management System (NIMS).
No comments.
35. Amendment to L.E.M.C. Sections as listed in the staff report regarding appeal
of Nuisance Abatement and Planning Commission decisions.
No comments.
36. Biennial Review of the Conflict ofInterest Code.
No comments.
37. City Council Policies.
Mayor Pro Tern Schiffner commented on Policy 300-1. He noted that Council
would be processing a change by Election time to increase Council's
compensation to $400 month. He inquired if that could go into effect
immediately.
City Attorney Leibold noted that her office recommended deletion of the Policy
since the item was addressed in the L.E.M.C. She noted that the L.E.M.C. was
Agenda Item No. \ (\
Page 6 of 11
PAGE 7 STUDY SESSION MINUTES.- SEPTEMBER 12, 2006
the appropriate section to address Council compensation. She noted that the
City Council was eligible for a salary increase to $400 a month based on the
existing population. She noted that it was part of a statutory established
schedule. She noted that in order to bring that increase into effect, an ordinance
would need to be brought forth. She noted that, if it was Council's desire, she
could draft an ordinance for the next regularly scheduled meeting. She noted
that the ordinance needed to be adopted prior to the election in order to take
effect once the new term begins.
City Attorney Leibold noted that all of the topics addressed in the Policy were
addressed in the L.E.M.C. She noted that Commission compensation was
addressed in the L.E.M.C which states that their compensation would be
established by resolution.
Councilmember Kelley noted that the last sentence in No.5 on page 25 was
ambiguous. She requested that the last sentence be corrected. She inquired if
"and" was supposed to be "an".
City Attorney Leibold confirmed that "and" should be "an".
Council member Buckley inquired if the motion for the item should be made as
a whole or by individual policy.
City Attorney Leibold noted that the staffreport identified some changes that
her office made in response to recent legislation and summarizes some of the
changes that had been made since the study session.
City Attorney Leibold noted that the Policies could be split up if need be when
making a motion.
Councilmember Buckley commented that he thought the agenda and the staff
reports would be given to the public and not the other many pages of backup.
City Attorney Leibold noted that the problem with that was, as a practical
matter, is if the City was requiring that the person requesting copies provide self
addressed stamped envelopes and pre-paid postage - the postage would change
depending on the size of the agenda.
Agenda Item No. \c.,
Page? of II
PAGE 8 STUDY SESSION MINUTES - SEPTEMBER 12,2006
Councilmember Buckley suggested mailing the "bluesheets" out and putting the
staff reports on the City's website in PDF format so that they could be
downloaded.
City Attorney Leibold confirmed that could be done as long as the technology
allowed.
Councilmember Buckley commented that the digital recording should be
retained indefinitely.
Councilmember Buckley commented on Policy No. 200-11. He noted that
limiting the time of appointment was not addressed.
City Attorney Leibold noted that topic was addressed on page 81, under
"Policies and Procedures" in the first paragraph.
Councilmember Buckley commented on the "Grant Program" located on page
133. He noted that since the Council had access to eCivis and it was made
available to the public, there should be a sentence added that the "eCivis Grant
Search Program contracted by the City, when the City contracts for it, would be
available to the public".
REDEVELOPMENT AGENCY
CONSENT CALENDAR
1. Minutes.
No comments.
2. Warrant List - August 15, 2006.
August 31, 2006.
No comments.
3. Investment Report - July 2006.
No comments
Agenda Item No. \ c.'-
Page g of II
PAGE 9 STUDY SESSION MINUTES - SEPTEMBER 12,2006
PUBLIC HEARING ITEMS
4. Tentative Condominium Map No. 34309 and Residential Design Review
(RDR) No. 2005-25.
No comments.
5. The Village at Lakeshore Specific Plan.
Boardmember Buckley inquired if it was right in, right out.
Executive Director Brady confirmed.
Boardmember Buckley suggested having ivy or a climbing plant going up
the block wall along Riverside Drive. He noted that requirement should be
added in as a Condition of Approval.
Community Development Director Preisendanz commented that they could
condition the project to have ivy, or a plant of that likeness, to grow on the
block wall on Riverside Drive in addition to the Riverside County Flood
Control Channel.
Boardmember Buckley noted that he would like the ivy to cover the block
wall on the sides of Riverside Drive, the Flood Control side and Grand
Avenue side.
Boardmember Buckley commented that it appeared that, on the map, a little
bit of the project encroached into the right-of-way at the front comer.
Community Development Director Preisendanz noted that it did appear to
look that way on the map. He noted that he could have that corrected.
Boardmember Buckley noted that the correction would change the project
dramatically.
Boardmember Buckley inquired if the HOA would maintain the outside of
the complex.
Community Development Director Preisendanz confirmed.
Agenda Item No. k~.
Page 9 of lJ
PAGE 10 STUDY SESSION MINUTES - SEPTEMBER 12,2006
Community Development Director Preisendanz noted that he would need to
get back to Boardmember Buckley in regard to the project encroaching into
the right-of-way.
Boardmember Buckley commented that there was no communal building
located within the project.
Chairwoman Kelley noted that a clubhouse within a development is a source
of continual security problems.
BUSINESS ITEMS
6. Biennial Review of the Conflict ofInterest Code.
No comments.
CITY TREASURER COMMENTS
City Treasurer Weber commented on the golf course getting ready to open up
on the flood plain. He noted that the City could. take it over immediately or
within 5 years. He noted that the start-up cost would be tremendous. He noted
that the golf course is supposed to be completed before people move in. He
noted that if the golf course is not complete, the City should think of some sort
of compensation until the course is completed.
City Treasurer Weber commented on RDA funds. He inquired ifRDA funds
would be used to operate the course. He noted that the course would be a major
cost to the City.
ADJOURNMENT
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 4:47 P.M.
Agenda Item No. \ ().
Page 10 ofll
PAGE 11 STUDY SESSION MINUTES - SEPTEMBER 12,2006
ROBERTE.MAGEE,MAYOR
CITY OF LAKE ELSINORE
GENIE KELLEY, CHAIRWOMAN
REDEVELOPMENT AGENCY
Respectfully submitted,
MICHELLE SOTO, DEPUTY CITY CLERK
ATTEST:
FREDERICK RAY, CITY CLERK
Agenda Item No. IC)
Page 11 of 11
MINUTES
CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 12, 2006
******************************************************************
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Magee at 5:00
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
HICKMAN, KELLEY
SCHIFFNER, MAGEE
ABSENT:
COUNCILMEMBERS: BUCKLEY
(Councilmember Buckley arrived at 4:26 p.m.)
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Services Director Sapp,
Community Development Director Preisendanz, Lake & Aquatic Resource
Director Kilroy, City Engineer Seumalo, Recreationtrourism Manager
Fazzio, Finance Manager Riley, City Treasurer Weber and City Clerk Ray.
CLOSED SESSION
THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO
CLOSED SESSION AT 5:00 P.M.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Loraine Watts.
Agenda Item NO.-1..h-
Page 1 of 53
Page 2 - City Council Meeting Minutes - September 12, 2006
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Magee led the meeting in a moment of silent prayer.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
HICKMAN, KELLEY,
SCHIFFNER, MAGEE
ABSENT:
COUNCILMEMBERS: BUCKLEY
(Council member Buckley arrived at 7:02 p.m.)
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Services Director Sapp,
Community Development Director Preisendanz; Lake & Aquatic Resources
Director Kilroy, City Engineer Seumalo, Public Works Manager Payne, Chief
of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk
Ray.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION - (Subdivision (a) of Gov't Code ~ 54956.9) Elsinore
Christian Center v. City of Lake Elsinore, Redevelopment Agency of the
City of Lake Elsinore United States District Court Case No. CV 01-04842;
Ninth Circuit Court of Appeal No. 04-55320.
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Significant exposure to litigation pursuant to subdivision (b)
of Gov't Code ~ 54956.9: (1 potential case)
CLOSED SESSION REPORT
City Attorney Leibold announced the Closed Session discussion items as listed
above. She noted that items "A" and "B" were discussed and there was no
reportable action.
PRESENTATION/CEREMONIALS
A. Proclamation - Friends of the Library.
Agel1da Item NO.\ '~._~..:~
Page 2 of 53
Page 3 - City Council Meeting Minutes - September 12, 2006
Mayor Magee called Leiloni Purcell forward to join him at the podium.
Mayor Magee gave some background on the Friends of the Library. Mayor
Magee read and presented the Proclamation to Ms. Purcell.
Ms. Purcell provided some history on the Friends of the Library. She
commented that Verizon would be providing $15 thousand to the Friends of
the Library.
Ms. Purcell asked the Council for prayer in regard to the Friends of the
Library. She thanked them for the Proclamation.
B. Proclamation - Youth Court Month.
Mayor Magee called Lieutenant Peebles and, his Youth Court Volunteers to
the podium.
Mayor Magee gave some background on Youth Court. Mayor Magee read
and presented the Proclamation to Lieutenant Peebles and his Youth Court
Volunteers.
Lieutenant Peebles indicated that he was gratefully standing in for Chief
Fetherolf who was away at a conference.
Lieutenant Peebles introduced the Youth Court volunteers.
Tim Hodges, Youth Court Volunteer, thanked the City Council for the
Proclamation and support. He noted that Youth Court was a great program.
He thanked Chief Fetherolf for all of his help with the progam.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Phil Stephens, 18 Del Brienza, requested an update on the proposed Civic
Center.
Mayor Magee noted that since the item was not on the agenda, the item
could not be discussed in detail.
Mayor Magee noted that he could not address that item during the Public
Comments section of the meeting. He encouraged Mr. Stephens to continue
Agenda Item No. I r)
Page 3 of 53
Page 4 - City Council Meeting Minutes - September 12, 2006
with his comments. He noted that the rest of Council could comment on the
item at the end of the meeting.
George Etzel, 29315 3rd Street, noted that he had been a resident of Lake
Elsinore for 17 years. He noted that he felt Council was doing a good job.
He noted that the "Music with a View" concert series was a fantastic event
in the community. He thanked Councilmember Kelley for her efforts with
the "Music with a View" concert series and presented her with a token of his
appreciation.
Councilmember Kelley thanked Mr. Etzel. She noted the committee
members that were involved with the event. She noted that they worked
very hard.
David Okerlund, 32928 Rose, noted that he was the Chairman of the
Southwest Riverside Friends of the NRA. He noted that they are a non-
profit organization. He noted that they raise funds for youth activities,
safety training, education and conservation on a local basis. He noted that
they were having a fundraising dinner at Pechanga Resort on September 28th
from 6-10 p.m. He noted that the proceeds would go toward people who
were primarily geared toward shooting sports. He noted some of the items
to be auctioned. He noted the number where he could be contacted if
anyone wanted further information.
Loraine Watts, NAACP, commented that the NAACP would have a
Candidate Forum on September 23rd at the Library off Graham Avenue. She
noted the items that would be discussed during the forum. She invited
everyone to attend.
Joyce Hohenadl, Lake Elsinore Citizen's Committee, noted that they would
be sponsoring a Candidate's Forum at their 4th quarterly meeting on
Thursday, October 12th at 7 p.m. in the new auditorium of Lakeside High
School. She noted that all candidates for Council would be invited to attend.
Peter Dawson, 18010 Grand Avenue, noted what the US Coast Guard
Auxiliary was doing for the community. He'commented that they had
inspected 130 boats this past Saturday. He noted 13 boats passed and 14
boats failed inspection. He commented on the everyday duties of the
Coastguard.
1 I, "
Agenda Item No.~
Page 4 of 53
Page 5 - City Council Meeting Minutes - September 12, 2006
CONSENT CALENDAR ITEMS
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A
UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS
PRESENTED.
1. The following minutes were approved:
a. Joint City Council/Redevelopment Agency Study Session - August 8,
2006.
b. Joint City Council/Redevelopment Agency Study Session - August 17,
2006.
c. Joint City CounciVRedevelopment Agency Study Session - August 22,
2006.
2. Ratified Warrant List for August 15, 2006 and August 31, 2006.
3. Rejected claim against the City.
4. Approved Implementation Agreement.
Authorized the Mayor to execute the agreement.
5. Approved transfer of$313,500 from Park In-Lieu Fund.
Awarded the Lincoln Street Park bid to C.S. Legacy, Inc for $750,026.
Authorized the City Manager to execute the contract with C.S. Legacy, Inc.
6. Authorized the Mayor to execute the Notice of Completion and the City
Clerk to file the Notice with the County of Riverside.
7. Approved Change Order No.1 for $57,983.05.
Authorized the City Manager to execute Change Order No.1.
PUBLIC HEARINGS
Agenda Item NO.m
Page 5 of 53
Page 6 - City Council Meeting Minutes - September 12, 2006
21. Tentative Condominium Map No. 34309 and Residential Design Review
(RDR) No. 2005-25.
Community Development Director Preisendanz commented on the item. He
noted that the project was proposing two 2-story detached condominium
triplexes. He noted that the design and layout was consistent with other
homes in the area. He noted that the Planning Commission supported the
project and recommended approval.
Mike O'Neal, Planning Commission, noted that the Planning Commission
unanimously concurred with staffs recommendation on the project.
Councilmember Buckley inquired if there would be an HOA.
Community Development Director Preisendanz confirmed.
Councilmember Buckley inquired if it was better for each individual unit to
have its' own HOA as compared to an HOA for the whole project.
Community Development Director Preisendanz noted that he encouraged
one HOA for the entire project.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-145
APPROVING TENTATIVE CONDOMINIUM MAP NO. 34309.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006~146
APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005-25.
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Official, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Official, Officers,
Employees, or Agents to attach, set aside, void, or annul an approval of the
City, its advisory agencies, appeal boards, or legislative body concerning the
Tentative Condominium Map, Conditional Use Permit and Residential
Design Review which action is brought within the time period provided for
in California Government Code Sections 65009 and/or 66499.37, and Public
Agenda Item No.lli
Page 6 of 53
Page 7 - City Council Meeting Minutes - September 12,2006
Resources Code Section 21167. The City will promptly notify the Applicant
of any such claim, action, or proceeding against the City and will cooperate
fully with the defense. If the City fails to promptly notify the Applicant of
any such claim, or proceeding, the Applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City.
2. The applicant shall submit a money order, cashier's check or check, made
payable to the County Recorder, for filing of a Certification of Fee
Exemption "De Minimis Impact Finding." in the amount of $64.00 to the
Planning Division within 48 hours of the City Council approval date for the
required Environmental Filing.
TENTATIVE CONDOMINIUM MAP NO. 34309
3. Tentative Condominium Map No. 34309 will expire two (2) years from date
of approval unless within that period of time the CC&R's and an appropriate
instrument has been filed and recorded with the County Recorder, or an
extension of time is granted by the City of Lake Elsinore City Council in
accordance with the Subdivision Map Act.
4. The Tentative Condominium Map shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of
the Lake Elsinore Municipal Code, Title 16 unless modified by approved
Conditions of Approval.
5. Prior to the first certificate of occupancy, the applicant shall prepare and
record CC&R's against the condominium complex. The CC&R's shall be
reviewed and approved by the Community Development Director or
Designee and the City Attorney. The CC,&R's shall include methods of
maintaining common areas, parking and drive aisle areas, landscaped areas
including parkways, and methods for common maintenance of all
underground, and above ground utility infrastructure improvements
necessary to support the complex. In addition, the CC&R's shall establish
methods to address design improvements.
6. No unit in the development shall be sold unless a corporation, association,
property owner's group or similar entity has been formed with the right to
financially assess all properties individually owned or jointly owned which
have any rights or interest in the use of the common areas and common
facilities in the development, such assessment power to be sufficient to meet
Agenda Item No. \ 't~;
Page 7 of 53
Page 8 - City Council Meeting Minutes - September 12, 2006
the expenses of such entity, and with authority to control, and duty to
maintain, all said mutually available features of the development. Such
entity shall operate under recorded CC&R's which shall include compulsory
membership of all owners of lots andlor dwelling units and flexibility of
assessments to meet changing costs of maintenance, repairs, and services.
Recorded CC&R's shall permit enforcement by the City for provisions
required as Conditions of Approval. The developer shall submit evidence of
compliance with this requirement to, and receive approval of, the City prior
to making any such sale. This condition shall not apply to land dedicated to
the City for public purposes.
7. Provisions to restrict parking upon other than approved and developed
parking spaces shall be written into the covenants, conditions and
restrictions for each project.
8. Membership in the Home Owner's Association shall be mandatory for each
buyer and any successive buyer.
9. Reciprocal covenants, conditions, and restrictions and reciprocal
maintenance agreements shall be established which will cause a merging of
all development phases as they are completed, and embody one (1)
homeowner's association with common area for the total development of the
subject project.
10. In the event the association or other legally responsible person(s) fail to
maintain said common area in such a manner as to cause same to constitute a
public nuisance, said City may, upon proper notice and hearing, institute
summary abatement procedures and impose a lien for the costs of such
abatement upon said common area, individual units or whole thereof as
provided by law.
11. Each unit owner shall have full access to commonly owned areas, facilities
and utilities.
RESIDENTIAL DESIGN REVIEW NO. 2005-25
12. Design Review approval for Residential Design Review No. 2005-25 will
lapse and be void unless building permits are issued within one (1) year of
City Council approval.
Agenda Item No.\ 'y.)
Page 8 of 53
Page 9 - City Council Meeting Minutes - September 12, 2006
13. Conditions of Approval shall be reproduced on page one of building plans
submitted to the Building Division Plan Check. All Conditions of Approval
shall be met prior to the issuance of a Certificate of Occupancy and release
of utilities.
14. All site improvements approved with this request shall be constructed as
indicated on the approved site plan, grading plan and elevations. Revisions
to approved site plans, grading plans or building elevations shall be subject
to the review of the Community Development Director. All plans submitted
for Building Division Plan Check shall conform to the submitted plans as
modified by Conditions of Approval, or the Planning Commission/City
Council through subsequent action.
15. All roof mounted or ground support air conditioning units or other
mechanical equipment incidental to development shall be architecturally
screened or shielded by landscaping so that they are not visible from
neighboring property or public streets. Any material covering the roof
equipment shall match the primary wall color.
16. All exterior on-site lighting shall be shielded and directed on-site so as not to
create glare onto neighboring property and streets or allow illumination
above the horizontal plane of the fixture. All light fixtures shall match the
architectural style of the building.
17. No exterior roof ladders shall be permitted.
18. Applicant shall use roofing materials with Class "A" fire rating.
19. All exterior downspouts shall be concealed' or architecturally screened and
painted to match the exterior color of the building.
20. The Planning Division shall approve the location of any construction trailers
utilized during construction. All construction trailers shall require a cash
bond processed through the Planning Division.
21. Materials and colors depicted on the plans and materials board shall be used
unless modified by the Community Development Director or designee.
Agenda lIem No. \~')
Page 9 of 53
Page 10 - City Council Meeting Minutes - September 12, 2006
22. Decorative paving shall be included at the drive entryways and pedestrian
crossings and shall be shown on the construction drawings submitted to
Building and Safety.
23. On-site surface drainage shall not cross sidewalks.
24. Parking stalls shall be double-striped with four-inch (4") lines two feet (2')
apart.
25. All exposed slopes in excess of three feet (3') in height shall have a
permanent irrigation system and erosion control vegetation installed,
approved by the Planning Division.
PRIOR TO GRADING PERMITS
26. The applicant shall comply with all requirements established by the Multiple
Species Habitat Conservation Plan (MSHCP) and shall pay the Multi
Species Habitat Conservation Plan fee of $859.00 per dwelling unit.
27. Prior to issuance of any grading permit or building permits, the applicant
shall sign and complete an "Acknowledgement of Conditions" form and
shall return the executed original to the Planning Division for inclusion in
the case records.
28. Prior to the commencement of grading operations, the applicant shall
provide a map of all proposed haul routes to be used for movement of dirt
material. Such routes shall be subject to the review and approval of the City
Engineer. A bond may be required to pay for damages to the public right-of
-way, subject to the approval of the City Engineer.
29. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be
submitted, reviewed and approved by the City's Landscape Architect
Consultant and the Community Development Director or designee, prior to
issuance of building permit. A Landscape Plan Check & Inspection Fee will
be charged prior to final landscape apprOVal based on the Consultant's fee
plus forty percent (40%) City fee.
a) All planting areas shall have permanent and automatic sprinkler
system with 100% plant and grass coverage using a combination of
drip and conventional irrigation methods.
Agenda Item No. \ k:)
Page 10 of S3
Page 11 - City Council Meeting Minutes - September 12, 2006
b) Applicant shall plant street trees,. selected from the City's Street
Tree List, a maximum of forty feet (40) apart and at least twenty-
four-inch (24") box in size.
c) All planting areas shall be separated from paved areas with a six
inch (6") high and six inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be
no higher than thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parking lot
shade tree to provide for 50% parking lot shading in fifteen (IS)
years.
f) Any transformers and mechanical or electrical equipment shall be
indicated on landscape plan and screened as part of the landscaping
plan.
g) The landscape plan shall provide for ground cover, shrubs, and
trees and meet all requirements of the City's adopted Landscape
Guidelines. Special attention to the use of Xeriscape or drought
resistant plantings with combination drip irrigation system to be
used to prevent excessive watering.
h) All landscape improvements shall be bonded 100% for material
and labor for two years from installation sign-off by the City.
Release of the landscaping bond shall be requested by the applicant
at the end of the required two years with approval/acceptance by
the Landscape Consultant and Community Development Director
or Designee.
i) All landscaping and irrigation shall be installed within affected
portion of any phase at the time a Certificate of Occupancy is
requested for any building.
j) Final landscape plan must be consistent with approved site plan.
k) Final landscape plans to include planting and irrigation details.
Agenda Item NO.l..t.:)
Page 11 of 53
Page 12 - City Council Meeting Minutes - September 12, 2006
PRIOR TO ISSUANCE OF A BUILDING PERMIT
30. Prior to the issuance of any building permit for the Project, Developer shall
enter into an agreement with the City and the Redevelopment Agency of the
City of Lake Elsinore to provide (a) 15% of the units constructed in the
Project as affordable housing units in accordance with the requirements of
Section 33413(b) (2) of the California Community Redevelopment Law
(Health and Safety Code Sections 33000 et seq.), or (b) an alternative
equivalent action as determined by the City which may include (without
limitation) dedication of vacant land, construction of affordable units on
another site, or payment of an in lieu fee at the rate of $2.00 per square foot
as assessable space for each dwelling unit in the Project. For purposes of this
condition, "assessable space" means all of the square footage within the
perimeter of a residential structure, not including any carport, walkway,
garage, overhang, patio, enclosed patio, detached accessory structure, or
similar area. The amount of the square footage within the perimeter of a
residential structure shall be calculated by the building department of the
City in accordance with the standard practice of the City in calculating
structural perimeters. (Modified by Planning Commission 4-4-06)
31. The Home Owner's Association shall be established prior to the occupancy
release of the first dwelling unit.
32. The applicant/developer shall pay the Public Building Impact fee in the
amount of $1 ,234 per dwelling unit.
33. Applicant shall comply with the requirements of the Elsinore Valley
Municipal Water District (EVMWD). Proof shall be presented to the Chief
Building Official prior to issuance of building permits and final approval.
34. Prior to issuance of building permits, applicant shall provide assurance that
all required fees to the Lake Elsinore Unified School District have been paid.
35. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in
effect at time of building permit issuance.
ENGINEERING
36. Developer shall merge and re-subdivide the existing subdivision as provided
in Article 1 of Chapter 6 of Subdivision Map Act. The new tract or parcel
. \
Agenda Item No. \ ()
Page 12 of 53
Page 13 - City Council Meeting Minutes - September 12, 2006
map shall include adequate delineation of the public streets and public
easements.
37. Developer shall be subject to all current development fees related to
condominium development. Any unused fees or deposits previously made
pursuant to the original subdivision pertaining to this property shall be
credited pro rata towards any current requirements for the same purposes
which are applicable at the time of the re-subdivision.
38. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to final map approval.
39. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution
85-26).
40. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Division for construction of public works improvements
(LEMC 12.08 and Resolution 83-78).
41. Developer shall install permanent property comers survey markings per
Riverside County standards. All certifications (with tie notes delineated on 8
Yz" x I I" Mylar) shall be submitted to the Engineering Division before
recordation oftract/parcel map.
42. All tract/parcel maps shall be digitized. Prior to recordation of new tract or
parcel map applicant shall submit tapes andlor discs which are compatible
with City's ARC Info/GIS or developer to. pay $1,000 per sheet for City
digitizing.
43. In accordance with the City's Franchise Agreement for waste disposal &
recycling, the applicant shall be required to contract with CR&R Inc. for
removal and disposal of all waste material, debris, vegetation and other
rubbish generated during cleaning, demolition, clear and grubbing or all
other phases of construction.
44. Submit a "Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have
been made for this project and specify the technical data for the water
service at the location. such as water pressure and volume etc. Submit this
Agenda Item No.l .L)
Page 13 of 53
Page 14 - City Council Meeting Minutes - September 12, 2006
letter prior to applying for a building permit.
45. Arrangements for relocation of utility company facilities (power poles,
vaults, etc.) out of the roadway or alley shall be the responsibility of the
property owner or his agent.
46. Provide fire protection access and facilities as required in writing by
Riverside County Fire.
Drainal!e:
47. Individual lot drainage shall be conveyed to a public facility or accepted by
adjacent property owners by a letter of drainage acceptance or conveyed to a
drainage easement.
48. All natural drainage traversing site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City Engineer.
49. Roof and yard drains will not be allowed to outlet directly through cuts in
the street curb. Roof drains should drain to a landscaped area prior to
entering public right of way, or other private properties.
50. Developer shall be subject to all Master Planned Drainage fees and will
receive credit for all City Master Planned Drainage facilities constructed,
and any drainage fees paid previously.
51. Provide roof over the all trash bin enclosures to prevent rain entering into the
enclosure as part ofNPDES & WQMP requirements
52. Education guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of herbicides, pesticides,
fertilizers as well as other environmental awareness education materials on
good housekeeping practices that contribute to protection of storm water
quality and met the goals of the BMP in Supplement "A" in the Riverside
County NPDES Drainage Area Management Plan.
53. Applicant shall provide first flush BMP's using the best available
technology that will reduce storm water pollutants from parking areas and
driveways before entering public right of way.
Agenda Item No. \ ~~')
Page 14 of S3
Page 15 - City Council Meeting Minutes - September 12, 2006
GRADING
54. Apply and obtain a grading permit with appropriate security prior to any
grading activity.
55. A grading plan stamped/signed by a California Registered Civil Engineer is
required since the grading exceeds 50 cubic yards and the existing flow
pattern is substantially modified as determined by the City Engineer. The
grading plan shall show volumes of cut and fill, adequate contours and/or
spot elevations of the existing ground as surveyed by a licensed surveyor or
civil engineer. Contours shall extend to minimum of 15 feet beyond property
lines to indicate existing drainage pattern. Apply and obtain a grading permit
with appropriate security prior to grading permit issuance.
56. Provide soils, geology and seismic report, as part of this report address the
requirement of the Alquis-Priolo Earthquake Fault Zoning Act. Provide final
soils report showing compliance with recommendations.
57. In accordance with the City's Franchise Agreement for waste disposal &
recycling, the applicant shall be required to contract with CR&R Inc. for
removal and disposal of all waste material, debris, vegetation and other
rubbish generated during cleaning, demolition, clear and grubbing or all
other phases of construction.
58. Applicant to provide erosion control measures as part of their grading plan.
The applicant shall contribute to protection of storm water quality and meet
the goals of the BMP in Supplement "A" in the Riverside County NPDES
Drainage Area Management Plan.
59. All grading shall be done under the supervision of a geotechnical engineer
and he shall certify all slopes steeper than 2 to 1 for stability and proper
erosion control.
Conditions. Covenants and Rel!ulations:
60. Applicant shall record CC & R's for the tract prohibiting on-street storage of
boats, motor-homes, trailer, and trucks over one-ton capacity, roof mounted
or front yard microwave satellite antennas. The CC & R's shall be approved
by the Community Development Director prior to recordation of final map.
Agenda Item NO.fu
Page 15 of 53
Page 16 - City Council Meeting Minutes - September 12, 2006
61. Applicant shall cause to be recorded a CC&R's with recordation of final
map which provides for irrevocable reciprocal parking, circulation, loading
and landscape maintenance easement in favor of all lots subject to the
approval of the director of Community Development & the City Attorney.
The CC& R's shall enforce standards of building maintenance, participation
in landscape maintenance, prohibition of outside vehicle or material storage,
and maintenance or replacement of BMP facilities for post construction
runoffs.
Fees:
62. Pay the following fees prior to building permit issue, Drainage fee IS
$5,120.00 per acre, TIF is $959.00 per unit, TUMF is $5021.00 per unit.
Prior to Occupancy:
63. Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Division for construction of public works improvements
(LEMC 12.08, Res.83-78). All fees and requirements for an encroachment
permit shall be fulfilled before Certificate of Occupancy.
64. The improvements specified herein and approved by the Planning
Commission and the City Council shall be installed, or agreements for said
improvements, shall be submitted to the City for approval by the City
Engineer, and all other stated conditions shall be complied with. All
uncompleted improvements must be bonded for as part ofthe agreements.
65. All compaction reports, grade certifications, monument certifications (with
tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the
Engineering Division before final inspection of off-site improvements will
be scheduled and approved.
66. All public improvements shall be completed in accordance with the
approved plans to the satisfaction of the City Engineer.
67. Water and sewer improvements shall be completed in accordance with
Water District requirements.
COMMUNITY SERVICES DEPARTMENT
Agenda Item NO.\ k-..)
Page 16 of 53
Page 17 - City Council Meeting Minutes - September 12, 2006
68. Developer to pay park fees of$1,600 per unit.
69. Developer will be required to participate in the "Public Facility" fee
program.
70. All interior landscape, recreation areas, facilities and/or open space to be
maintained by the HOA. No park credits.
71. Developer to comply with all NPDES storm water requirements.
72. HOA will be responsible for maintaining all common landscape areas
73. Developer to participate in City-wide LLMD.
74. Developer to armex into LLMD District 1 for all exterior landscaping to be
maintained by the City. .
75. All interior streets and/or roadways to be maintained by the HOA.
76. HOA to maintain all catch basins, collectors, v-ditches or any other related
flood control or storm water control device.
77. Developer to design a multi-family recycling plan through the City and
CR&R.
78. Developer to comply with all City Ordinances regarding construction debris
removal and recycling as per Section 8.32 of the Lake Elsinore Municipal
Code.
DEPARTMENT OF ADMINISTRATIVE SERVICES
79. Prior to approval of the Final Map, Site Development Plan, or Conditional
Use Permit (as applicable), the applicant shall armex into Community
Facilities District 2003-1 offset the armual negative fiscal impacts of the
project on the pubic safety operations and maintenance issues in the City.
80. Prior to approval of the Final Map, Site Development Plan, or Conditional
Use Permit (as applicable), the applicant shall annex into the Lighting and
Landscape Maintenance District No. 1 to offset the armual negative fiscal
Agenda Item NO.fu
Page 17 of 53
Page 18 - City Council Meeting Minutes - September 12, 2006
impacts of the project on the public right-off-way for which the City will pay
for electricity and maintenance fee to Southern California Edison.
81. Upon completion of the Fire Station Impact Study and other impact fee
studies, Developer shall pay impact fee.
82. Prior to approval of the Final Map, Site Development Plan, or Conditional
Use Permit (as applicable), the applicant shall annex into the Mello-Roos
Community Facilities District to fund. the ongoing operation and
maintenance of the new parks, parkways, open space and public storm drains
constructed within the development and federal NPDES requirements to
offset the annual negative fiscal impacts of the project.
RIVERSIDE COUNTY FIRE DEPARTMENT
83. The applicant shall comply with all Riverside County Fire Department
conditions and standards.
CONDITIONAL USE PERMIT NO 2005-24
84. Conditional Use Permit No. 2005-24 approved herein shall lapse and shall
become void one (1) year following the date on which the use permit
became effective, unless prior to the expiration of one year, a building
permit is issued and construction commenced and diligently pursued toward
completion on the site.
85. The Conditional Use Permit shall comply with the all applicable
requirements of the Lake Elsinore Municipal Code; Title 17 unless modified
by approved Conditions of Approval.
86. The Conditional Use Permit granted herein shall run with the land and shall
continue to be valid upon a change of ownership of the site or structure
which was the subject of this approval.
87. The applicant shall at all times comply with Section 17.78 (Noise Control)
ofthe Lake Elsinore Municipal Code which requires noise or sound levels to
be below 50 decibels between the hours of 7 :00 am to 10:00 pm and below
40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential
areas.
Agenda Item No. \ \:.~)
Page 18 of 53
Page 19 - City Council Meeting Minutes - September 12, 2006
88. Security lighting shall be required. All exterior on-site lighting shall be
shielded and directed on-site so as not to create glare onto neighboring
property and streets or allow illumination above the horizontal plane of the
fixture.
STORMW A TER/ CLEANW ATER PROTECTION PROGRAM
89. City of Lake Elsinore has adopted ordinances for stormwater management
and discharge control. In accordance with state and federal law, these local
storm water ordinances prohibit the discharge of waste into storm drain
system or local surface waters. This includes non-stormwater discharges
containing oil, grease, detergents, trash, or other waste remains. Brochures
of "Stormwater Pollution, What You Should Know" describing
preventing measures are available at City Hall.
22. The Village at Lakeshore Specific Plan.
Community Development Director Preisendanz commented on the item. He
noted that the project required a number of entitlements. He noted that the
project would include 146 attached condominiums located within a gated
community. He commented on the 4 o'clock study session and the
discussion of right-of-way at Riverside Drive as shown on TPM No. 33267.
He noted that staff had prepared and recommended a Condition of Approval.
He read the following Condition of Approval into the record: "Prior to the
recordation of the Final Map, the applicant shall process a roadway vacation
such that the right-of-way is consistent with the boundaries as described in
the approved Specific Plan. In the event that a roadway vacation cannot be
accomplished, the applicant shall submit revised plans to the City for
approval".
Michael O'Neal, Planning Commission, commented that the Planning
Commission unanimously concurred with staff's recommendation on the
project.
Councilmember Buckley commented that Community Development
Director Preisendanz had forgot to add "for approval" for the Condition of
Approval that he read into the record.
Councilmember Buckley inquired who the right-of-way belonged to.
Agenda hem No.m
Page 19 of 53
Page 20 - City Council Meeting Minutes - September 12, 2006
Community Development Director Preisendanz indicated that they did not
yet know who it belonged to and that they were looking into it. He noted
that he believed it was Caltrans.
Councilmember Buckley noted that he would like to add a Condition of
Approval to include that there be ivy or other vine-type plants along Grand
Avenue, Riverside Drive and the Flood Control Chanel block fences.
Community Development Director Preisendanz noted that the applicant had
made him aware of a planting scheme within the Specific Plan which
included vines to be planted. He noted that the condition could be added in.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-147
ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-148
ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006-05.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON
FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1193.
ORDINANCE NO. 1193
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN
NO. 2005-01 CHANGING THE ZONING DESIGNATION OF THE
PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF GRAND A VENUE AND RIVERSIDE DRIVE FROM
C-P COMMERCIAL PARK DISTRICT TO SPECIFIC PLAN UNDER
THE ZONING ORDINANCE.
. Agenda Item No. \ ~'.)
Page 20 of 53
Page 21 - City Council Meeting Minutes - September 12, 2006
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-149
ADOPTING TENTATIVE CONDOMINIDM MAP NO. 33267 SUBJECT TO
THE CONDITIONS THAT WERE OUTLINED FOR THE RIGHT-OF-
WAY AND AN IVY-LIKE PLANT ON THE EXTERIOR BLOCK WALLS.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT
RESOLUTION NO. 2006-150 ADOPTING RESIDENTIAL DESIGN
REVIEW NO. 2005-09.
Mayor Magee noted that 7 dwelling units per acre was more than acceptable.
He noted that the landscape plan included additional enhancements and
larger tree sizes than the minimum requirement. He noted that the size of
the units went from 1,200 to 1,800 square feet. He noted that there were 3
different architectural styles throughout the development. He noted that he
felt the end result would be a quality project.
THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE.
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Official, Officers, Employees, and Contract
Agents from any claim, action, or proceeding against the City, its Official,
Officers, Employees, Contract Consultants or Agents to attach, set aside,
void, or annul an approval of the City, its advisory agencies, appeal boards,
or legislative body concerning the subject project.
\ Vt'"
Agenda Item No.4-.1-)
Page 21 or 53
Page 22 - City Council Meeting Minutes - September 12,2006
2. The applicant shall deliver to the Planning Department a cashier's check or
money order made payable to the Riverside County Clerk in the amount of
One Thousand Three Hundred and Fourteen Dollars ($1,314.00) to enable
the City to File the Notice of Determination. Said filing fee shall be provided
to the City within 48 hours of project approval.
SPECIFIC PLAN NO. 2004-01 & ZONE CHANGE NO. 2005-01
3. The Draft Village at Lakeshore Specific Plan shall be revised to incorporate
any corrections and changes required by the Planning Commission and/or
City Council. A Final Village at Lakeshore Specific Plan document shall be
submitted for review and approval by the Community Development Director
or designee within 30 days of approval by the City Council. No permit shall
be issued until the Village at Lakeshore Specific Plan document and any
required revisions are administratively approved by the Community
Development Director or designee. '
4. Future development shall comply with those standards and guidelines
contained in the Village at Lakeshore Specific Plan document.
5. Those issues, standards, guidelines, etc. not addressed in the Village at
Lakeshore Specific Plan will revert to the City Municipal Code and/or
Zoning Code in effect at the time future projects are proposed.
6. The applicant shall participate and annex into the City of Lake Elsinore
Citywide Landscaping and Street Lighting District, as appropriate.
7. The applicant shall provide all project-related onsite and offsite
improvements as described in the Village at Lakeshore Specific Plan
document.
8. The applicant shall implement those mitigation measures identified in
Mitigated Negative Declaration No. 2006-05 and its Mitigation Monitoring
Program.
9. Provisions of the City's Noise Ordinance shall be satisfied during all site
preparation and construction activity. Site preparation activity and
construction shall not commence before 7:00 AM and shall cease at 5:00
PM, Monday through Friday. Construction activity shall not take place on
Saturday, Sunday, or any Legal Holidays.
Agenda Item No. \ ~')
Page 22 of 53
Page 23 - City Council Meeting Minutes - September 12, 2006
10. The applicant shall sign and complete an "Acknowledgment of Conditions"
and shall return the executed original to the Community Development
Department.
TENTATIVE CONDOMINIUM MAP NO. 33267
11.The Tentative Condominium Map No. 33267 will expire two (2) years from
date of approval unless within that period of time the CC&R's and an
appropriate instrument has been filed and recorded with the County
Recorder, or an extension of time is granted by the City of Lake Elsinore
City Council in accordance with the Subdivision Map Act.
12.The Tentative Condominium Map No. 33267 shall comply with the State of
California Subdivision Map Act and shall comply with all applicable
requirements of the Lake Elsinore Municipal Code, Title 16 unless modified
by approved Conditions of Approval.
13.Prior to final certificate of occupancy of Tentative Condominium Map No.
33267, the improvements specified herein and approved by the Planning
Commission and the City Council shall be installed, or agreements for said
improvements, shall be submitted to the City for approval by the City
Engineer, and all other stated conditions. shall be complied with. All
uncompleted improvements must be bonded for as part of the agreements.
14.Prior to approval of the Final Map the Tentative Parcel Map shall be
modified to a one lot Tentative Tract Map for condominium purposes.
IS.Prior to the issuance of the first certificate of occupancy, the applicant shall
prepare and record CC&R's against the condominium complex. The
CC&R's shall be reviewed and approved by the Community Development
Director or Designee and the City Attorney. The CC&R's shall include
methods of maintaining common areas, parking and drive aisle areas,
landscaped areas including parkways, and methods for common
maintenance of all underground, and above ground utility infrastructure
improvements necessary to support the complex. In addition, the CC&R's
shall establish methods to address design improvements.
16.No unit in the development shall be sold unless a corporation, association,
property owner's group or similar entity has been formed with the right to
financially assess all properties individually owned or jointly owned which
Age"da Item No\ \()
Pag,23 of 53
Page 24 - City Council Meeting Minutes - September 12, 2006
have any rights or interest in the use of the common areas and common
facilities in the development, such assessment power to be sufficient to meet
the expenses of such entity, and with authority to control, and duty to
maintain, all said mutually available features of the development. Such
entity shall operate under recorded CC&R's which shall include compulsory
membership of all owners of lots and/or dwelling units and flexibility of
assessments to meet changing costs of maintenance, repairs, and services.
Recorded CC&R's shall permit enforcement by the City for provisions
required as Conditions of Approval. The developer shall submit evidence of
compliance with this requirement to, and receive approval of, the City prior
to making any such sale. This condition shall not apply to land dedicated to
the City for public purposes.
17.Provisions to restrict parking upon other than approved and developed
parking spaces shall be written into the covenants, conditions and
restrictions for each project.
18.Membership in the Home Owner's Association shall be mandatory for each
buyer and any successive buyer.
19.Reciprocal covenants, conditions, and restrictions and reciprocal
maintenance agreements shall be establishe<;l which will cause a merging of
all development phases as they are completed, and embody one (1)
homeowner's association with common area for the total development of the
subject project.
20.In the event the association or other legally responsible person(s) fail to
maintain said common area in such a manner as to cause same to constitute a
public nuisance, said City may, upon proper notice and hearing, institute
summary abatement procedures and impose a lien for the costs of such
abatement upon said common area, individual units or whole thereof as
provided by law.
21.Each unit owner shall have full access to commonly owned areas, facilities
and utilities.
RESIDENTIAL DESIGN REVIEW NO. 2005-09
Agenda Item No. \ 1(:)
Page 24 of S3
Page 25 - City Council Meeting Minutes - September 12, 2006
22.Design Review approval for Residential Project No. 2005-09 will lapse and
be void after one (1) year of the approval date unless construction is
diligently pursued. (Modified by Planning Commission 8-15-06)
23.Prior to the issuance of any building permit for the Project, Developer shall
enter into an agreement with the City and the Redevelopment Agency of the
City of Lake Elsinore to provide (a) 15% of the units constructed in the
Project as affordable housing units in accordance with the requirements of
Section 33413(b) (2) of the California Community Redevelopment Law
(Health and Safety Code Sections 33000 et seq.), or (b) an alternative
equivalent action as determined by the City which may include (without
limitation) dedication of vacant land, construction of affordable units on
another site, or payment of an in lieu fee at the rate of $2.00 per square foot
as assessable space for each dwelling unit in the Project. For purposes of this
condition, "assessable space" means all of the square footage within the
perimeter of a residential structure, not iricluding any carport, walkway,
garage, overhang, patio, enclosed patio, detached accessory structure, or
similar area. The amount of the square footage within the perimeter of a
residential structure shall be calculated by the building department of the
City in accordance with the standard practice of the City in calculating
structural perimeters.
24.AIl construction shall comply with these Conditions of Approval and those
provisions and requirements contained in the Village at Lakeshore Specific
Plan and Municipal Code, prior to issuance of certificate of occupancy and
release of utilities.
25.AIl site improvements shall be constructed as indicated on the approved
building elevations and site plan.
26.Future site plotting and construction shall be consistent with these
Conditions of Approval, those conditions approved with Tentative
Condominium Map No. 33267 and those provisions and requirements
contained in the Village at Lakeshore Specific Plan and Municipal Code,
subject to approval by the Community Development Director or designee.
27.Future site plotting and construction within Tentative Condominium Map
No. 33267 shall comply with the standards and requirements of the Village
at Lakeshore Specific Plan. Future site plotting shall be shown on precise
I\h
Agenda Item No..lU
Page 25 of 53
Page 26 - City Council Meeting Minutes - September 12, 2006
grading plans, subject to approval by the Community Development Director
or designee.
28.All weep screeds shall be a maximum three inches above any hard surface
and four inches above any earth surface.
29.Any revisions to approved site plans or building elevations shall be reviewed
and approved by the Community Development Director or designee.
30.Materials and colors depicted on the materials board shall be used unless
modified by the Community Development Director or designee.
3l.Provide a flat concrete pad or area a minimum of 3'. 0" by 7'- 0" adjacent to
the dwelling for the storage of the City trash barrels. The storage pad or area
shall conceal the trash barrels from public view, subject to the approval of
the Community Development Director or designee. Precise grading plans
shall identify the location of the aforementioned flat concrete pad and air
conditioning units.
32.The building addresses (in numerals at least four inches high) shall be
displayed near the entrance and easily visible from the front of the unit and
public right-of-way. The applicant shall' obtain street addresses for all
production lots prior to issuance of certificate of occupancy.
33.The applicant shall comply with all requirements of the City's Grading
Ordinance. Construction generated dust and erosion shall be mitigated in
accordance with the provisions of Municipal Code, Chapter 15.72 and using
accepted techniques. Interim erosion control measures shall be provided 30
days after the site's rough grading, as approved by the City Engineering
Manager.
34.The applicant shall comply with all applicable City Codes and
Ordinances.
35.A cash bond of$I,OOO.OO shall be required for any construction trailers used
during construction. Bonds will be released after removal of trailers, subject
to the approval of the Community Development Director or designee.
36.The applicant shall pay school fees to the Lake Elsinore Unified School
District prior to issuance of building permit:
, ~"
Agenda Item No, \ -.:....)
Page 26 of S3
Page 27 - City Council Meeting Minutes - September 12, 2006
37.The project shall connect to sewer and meet all requirements of the Elsinore
Valley Municipal Water District (EVMWD). The applicant shall submit
water and sewer plans to the EVMWD and shall incorporate all district
conditions and standards.
38.The design and construction of the project shall meet all County Fire
Department standards for fire protection.
39.AlI mechanical and electrical equipment shall be ground mounted. All
outdoor ground or wall mounted utility equipment shall be architecturally
screened along with substantial landscaping, subject to the approval of the
Community Development Director, prior to issuance of building permit.
40.AIl front yards and side yards on comer lots shall be properly landscaped
with automatic (manual or electric) irrigation system to provide 100 percent
plant and grass coverage using a combination of drip and conventional
irrigation methods. The finallandscapinglirrigation plan is to be reviewed
and approved by the City's Landscape Architect Consultant and the
Community Development Director or designee. A Landscape Plan check
fee will be charged prior to final landscape approval based on the
Consultant's fee plus 40 percent.
41.Planting within 15 feet of ingress/egress points shall be no higher than 36
inches.
42.The landscape plan shall provide for ground cover, shrubs, and trees and
meet all requirements of the City's adopted Landscape Guidelines. Special
attention to the use of Xeriscape or drought resistant plantings with
combination drip irrigation system to be used to prevent excessive watering.
43.AlI landscape improvements shall be bonded with a 100 percent Faithful
Performance Bond for materials and labor for two years from Certificate of
Occupancy.
44.AlIlandscaping and irrigation shall be installed within an affected portion of
any phase at the time a certificate of occupancy is requested for any
building.
\ V-,
Agenda Item No.~
Page 27 of S3
Page 28 - City Council Meeting Minutes - September 12,2006
45.The Final landscape plan shall be consistent with any approved site and/or
plot plan.
46. The Final landscape plan shall include planting and irrigation details.
47.All exposed slopes in excess of three feet in height within the subject tract
and within private lots shall have permanent irrigation system and erosion
control vegetation installed, as approved by the Planning Division, prior to
issuance of certificate of occupancy.
48.The Final landscaping and irrigation plans shall include vine plantings and
necessary irrigation methods along the outside of the project perimeter walls
located along the entire length of the Riverside Drive and Grand Avenue
frontages and along the entire length of the eastern property line. The
specific number and location of the vine plantings shall be reviewed and
approved by the Community Development Director or Designee. (Added by
City Council 9-12-06)
49.Fences located in any front yard shall not exceed three feet in height with the
exception that wrought-iron fences may be five feet in height. Chain link
fences shall be prohibited.
50.Garages shall be constructed to provide a minimum of 10' x 20' of interior
clear space for two cars for a total interior clear space of 20' x 20'.
51.Prior to issuance of any precise grading permit or building permit, the
applicant shall sign and complete an "Acknowledgment of Conditions" and
shall return the executed original to the Community Development
Department for inclusion in the case records.
52. These Conditions of Approval shall be reproduced on subsequent building
plans prior to issuance of building permit.
53.The Homeowner's Association shall maintain all project improvements and
facilities, including the project streets, landscaping, park facilities, and
drainage improvements.
54.Applicant shall comply with the requirements of the Elsinore Valley
Municipal Water District. Proof shall be presented to the Chief Building
Official prior to issuance of building permits and final approval.
\ \-
Agenda Item No.~
Page 28 of 53
Page 29 - City Council Meeting Minutes - September 12, 2006
55.The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon
issuance of each building permit.
56.Prior to issuance of building permits, applicant shall provide assurance that
all required fees to the Lake Elsinore Unified School District have been paid.
57.Prior to issuance of building permits, applicant shall provide assurance that
all requirements of the Riverside County Fire Department have been met.
58.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in
effect at time of building permit issuance.
59.The applicant shall at all times comply with Section 17.78 (Noise Control)
of the Lake Elsinore Municipal Code.
CONDITIONAL USE PERMIT NO. 2005-21
(APPROVED BY THE PLANNING COMMISSION 8-15-06)
60.Conditional Use Permit No. 2005-21 approved herein shall lapse and shall
become void one (1) year following the date on which the use permit
became effective, unless prior to the expiration of one year, a building
permit is issued and construction commenced and diligently pursued toward
completion on the site.
61.The Conditional Use Permit shall comply with the all applicable
requirements of the Lake Elsinore Municipal Code; Title 17 unless modified
by approved Conditions of Approval.
62.The Conditional Use Permit granted herein shall run with the land and shall
continue to be valid upon a change of ownership of the site or structure
which was the subject of this approval.
ENGINEERING
General Requirements:
63.A grading plan signed and stamped by a Calif. Registered Civil Engineer
shall be required if the grading exceeds 50 cubic yards or the existing flow
pattern is substantially modified as determined by the City Engineer. If the
grading is less than 50 cubic yards and a grading plan is not required, a
Agenda Item No, '\ V,--')
Page 29 of 53
Page 30 - City Council Meeting Minutes - September 12, 2006
grading permit shall still be obtained so that a cursory drainage and flow
pattern inspection can be conducted before grading begins.
64.Prior to commencement of grading operations, applicant to provide to the
City with a map of all proposed haul routes to be used for movement of
export material. Such routes shall be subject to the review and approval of
the City Engineer.
65.All grading shall be done under the supervision of a geotechnical engineer
and he shall certify all slopes steeper than 2 to 1 for stability and proper
erosion control.
66.This project shall comply with the recommendations of the traffic study
prepared by Webb and Associates, dated October 12,2005.
67.Phasing Plan shall be approved by the City Engineer. Bond public
improvements for each Phase as approved by the City Engineer.
68.An Encroachment Permit shall be obtained prior to any work on City right-
of-way.
69.Arrangements for relocation of utility company facilities (power poles,
vaults, etc.) out of the roadway or alley shall be the responsibility of the
property owner or his agent. Overhead utilities shall be undergrounded.
70.Underground water rights shall be dedicated to the City pursuant to the
provisions of Section 16.52.030 (LEMC), and consistent with the City's
agreement with the Elsinore Valley Municipal Water District.
71.Applicant shall obtain any necessary Caltrans permits and meet all Caltrans
requirements for any work within Caltrans right-of-way.
n.Applicant shall obtain any necessary County permits and meet all County
requirements for any work within County right-of-way.
73.The applicant shall install permanent bench marks per Riverside County
Standards and at locations to be determined by the City Engineer.
74.Provide fire protection facilities as required in writing by Riverside County
Fire.
Ageod.Item No. \ k:)
Page 30 of 53
Page 31- City Council Meeting Minutes - September 12, 2006
75.The applicant shall inc.orp.orate bus bays In the street design unless n.ot
required by RTA.
76.Applicant shall pay all applicable devel.opment fees, including but n.ot all
inclusive: TUMF, MSHCP, TIP and area drainage fees.
77.10 year storm run.off shall be c.ontained within the curb and the 100 year
st.orm run.off shall be contained within the street right-.of-way. When either
of these criteria are exceeded, drainage facilities shall be provided.
78.All drainage facilities in this project shall be c.onstructed t.o Riverside
County Flood Control District Standards.
79.All c.ompaction reports, grade certifications, m.onument certificati.ons (with
tie n.otes delineated on 8 \/.," x II" Mylar) shall be submitted t.o the
Engineering Divisi.on before final inspecti.on of public works improvements
will be scheduled and appr.oved.
80.Slope maintenance al.ong right-of-ways shall be maintained by a
homeowner's associati.on.
81.All open space and slopes except for public parks and scho.ols and flood
control district facilities, outside the public right-of-way shall be owned and
maintained by home.owner's associati.on.
8l.All waste material, debris, vegetati.on and .other rubbish generated during
cleaning, dem.oliti.on, clear and grubbing or .other phases .of the c.onstruction
shall be disp.osed .of at appropriate recycling centers. The applicant should
contract with CR&R Inc. f.or recycling and st.orage c.ontainer services, but
the applicant may use the services .of another recycling vend.or. Another
recycling vend.or, .other than CR&R Inc., cann.ot charge the applicant f.or bin
rental .or s.olid waste disp.osal. If the applicant is not using CR&R Inc. for
recycling services and the recycling material is either s.old .or d.onated to
another vend.or, the applicant shall supply pr.o.of of debris disp.osal at a
recycling center, including verification of tonnage by certified weigh master
tickets.
83.0n-site drainage shall
accepted by adjacent
drainage acceptance, or
be conveyed to a public facility,
property owners by a letter of
conveyed to a drainage easement.
\ 1,-,
Agenda Item No.~
Page 31 of S3
Page 32 - City Council Meeting Minutes - September 12, 2006
84.All natural drainage traversing the site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City Engineer.
85.Roof drains shall not be allowed to outlet directly through coring in the
street curb. Roofs should drain to a landscaped area.
86.Applicant shall comply with all NPDES requirements in effect; including the
submittal of an Water Quality Management Plan (WQMP) as required per
the Santa Ana Regional Water Quality Control Board. The requirements of
WQMP may affect the overall layout of the project. Therefore, WQMP
submittal should be during the initial process of the project.
87.Education guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of herbicides, pesticides,
fertilizers as well as other environmental awareness education materials on
good housekeeping practices that contribute to protection of storm water
quality and met the goals of the BMP in Supplement "A" in the Riverside
County NPDES Drainage Area Management Plan. (Required for lot of one
acre or more)
88.Applicant shall provide BMP's that will reduce storm water pollutants from
parking areas and driveway aisles. (Required for lot of one acre or more)
89.City of Lake Elsinore has adopted ordinances for storm water management
and discharge control. In accordance with state and federal law, these local
storm water ordinances prohibit the discharge of waste into storm drain
system or local surface waters. This inclul:ies non-storm water discharges
containing oil, grease, detergents, trash, or other waste remains. Brochures
of "Storm water Pollution, What You Should Know" describing
preventing measures are available at City Hall.
PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain
system, or waterways -without Regional Water Quality Control Board permit or
waver - is strictly prohibited by local ordinances and state and federal law.
Prior to Approval of final Map, unless other timing is indicated, the
subdivider shall complete the following or have plans submitted and
approved, agreements executed and securities posted:
90.Construct the traffic signal at State Route 74 (Riverside Drive) and Grand
Agenda Item No. \ I::)
Page 32 of S3
Page 33 - City Council Meeting Minutes - September 12, 2006
Avenue. A south bound deceleration lane on State Route 74 shall be
provided.
91.Interior streets shall be privately maintained and shall have a minimum
width of28' unless otherwise approved by the Fire Department.
91.Construct and dedicate right-of-way on State Route 74 (Riverside Drive)
from the channel to Grand Avenue per City's General Plan (half width + 12'
improvements). The improvements include sidewalk improvements over the
flood control channel to sidewalk improvements at the school site and a
temporary ac sidewalk improvement from Grand A venue to existing
sidewalk approximately 390 feet south of Grand Avenue. The applicant shall
construct the required landscaped median along State Route 74. Should
Caltrans not approve the median, the applicant shall pay cash in-lieu of
improvements for half-width of the required median improvements.
Construct a deceleration lane for the project entrance on SR 74. The project
entrance on SR 74 shall be right-in/out only.
92.Construct and dedicate right-of-way on Grand Avenue from the project
boundary to State Route 74 (Riverside Drive) per City General Plan (part-
width improvements). Full improvements shall be required from the old
Riverside Drive to State Route 74. Cash bond in-lieu of construction of
median improvements may be provided subject to City Engineer's approval.
Full access shall be provided at the project entrance off of Grand Avenue.
93.Applicant shall enter into an agreement with the City for the construction of
public works improvements and shall post the appropriate bonds prior to
final map approval.
94.Applicant shall obtain aU necessary off-site easements for off-site grading
from the adjacent property owners prior to final map approval.
9S.Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
96.Make an offer of dedication for all public streets and easements required by
these conditions or as shown on the Map. All land so offered shall be
granted to the City free and clear of aU liens and encumbrances and without
cost to the city.
. ,
Ih
Agenda Item NO....J,......L...
Page 33 of 53
Page 34 - City Council Meeting Minutes - September 12,2006
97. Applicant shall submit signing and striping plans for the required street
improvements and a traffic control plan showing all traffic control devices
for the project to be approved prior to final map approval. All signing and
striping and traffic control devices shall be installed prior to final inspection
of public improvements. This includes Street Name Signs, No Parking and
Street Sweeping Signs for streets within the project.
98. A Calif. Registered Civil Engineer shall prepare street and traffic
improvement plans and specifications. Improvements shall be designed and
constructed to Riverside County Road Department Standards, latest edition,
and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall
show existing and future profiles at centerline of street, at top of curb and at
centerline of the alley. The profiles and cOQtours will extend to 50' beyond
the property limits.
99. All Public Works improvements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to final map approval. The improvements shall include street and
drainage improvements, street lighting, and associated traffic improvements
related to the project.
Prior to Issuance of a Grading Permit
100. Submit grading plans with appropriate security, Hydrology and Hydraulic
Reports prepared by a Registered Civil Engineer for approval by the City
Engineer. Developer shall mitigate any flooding and/or erosion
downstream caused by development of the site and/or diversion of drainage.
101. The grading plan shall show that no structures, landscaping, or equipment
are located near the project entrances that minimize sight distance
standards.
102. Construction Project access and hauling route shall be submitted and
approved by the City Engineer,
103. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
104. An Alquist-Priolo study shall be performed on the site to identify any
Agenda Item No. \ YO)
Page 34 of 53
Page 35 - City Council Meeting Minutes - September 12, 2006
hidden earthquake faults and/or liquefaction zones present on-site.
105. The applicant shall obtain all necessary off-site easements and/or permits
for off-site grading and/or drainage acceptance from the adjacent property
owners prior to grading permit issuance.
106. Applicant to provide erosion control measures as part of their grading
plan. The applicant shall contribute to protection of storm water quality
and meet the goals of the BMP in Supplement "A" in the Riverside
County NPDES Drainage Area Management Plan.
107. Applicant shall provide the city with proof of his having filed a Notice of
Intent with the Regional Water Quality Control Board for the National
Pollutant Discharge Elimination System (NPDES) program with a storm
water pollution prevention plan prior to issuance of grading permits. The
applicant shall provide a SWPPP for post construction, which describes
BMP's that will be implemented for the development including
maintenance responsibilities. The applicant shall submit the SWPPP to
the City for review and approval.
Prior to Issuance of Building Permit
108. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to building permit.
109. Submit a "Will Serve" letter to the CitY Engineering Division from the
applicable water agency stating that water and sewer arrangements have
been made for this project and specify the technical data for the water
service at the location. such as water pressure and volume etc. Submit
this letter prior to applying for a building permit.
110. No structures, landscaping, or equipment shall be located near the project
entrances that minimize sight distance standards.
Ill. Pay all Capital Improvement TIF and Master Drainage Fees and Plan
Check fees (LEMC 16.34).
Prior to Recordation of Final Map
\ \.-
Agenda Item No. I,L)
Page 35 of S3
Page 36 - City Council Meeting Minutes - September 12,2006
112. Prior to recordation of the Final Map, the applicant shall process a
roadway vacation such that the right-of-way is consistent with the
boundaries as described in the approved Specific Plan. In the event that a
roadway vacation cannot be accomplished, the applicant shall submit
revised plans to the City for approval. (Added by City Council 9-12-06)
Prior to Occupancy
lB. Pay all fees and meet requirements of an encroachment permit issued by
the Engineering Division for construction of off-site public works
improvements (LEMCI2.08, Res.83-78). All fees and requirements for an
encroachment permit shall be fulfilled before Certificate of Occupancy.
114. All compaction reports, grade certifications, monument certifications
(with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the
Engineering Division before final inspection of off-site improvements
will be scheduled and approved.
115. All public improvements shall be completed in accordance with the
approved plans or as conditions of development to the satisfaction of the
City Engineer.
116. All signing and striping and traffic control devices shall be installed. This
includes Street Name Signs, No Parking and Street Sweeping Signs for
streets within the tract.
117. Water and sewer improvements shall be completed in accordance with
Water District requirements.
118. The traffic signal at SR 74 and Grand Avenue shall be operational prior
to 15t Occupancy. The applicant shall notify the City at least one month in
advance should the signal turn on be delayed due to Caltrans review and
approval or any anticipated delays. The City Engineer may allow certain
occupancy prior to signal turn on if warranted.
119. Pay fair share costs of offsite improvements as identified in the traffic
study. The fair share costs calculations shall be provided by the applicant
and approved by the City Engineer.
120. Proof of maintenance responsibility and acceptance shall be provided for
\k
Agenda Item No,~
Page36 of 53
Page 37 - City Council Meeting Minutes - September 12,2006
all open space, slopes, and drainage facilities, outside the public right-of-
way.
121. TUMF fees shall be paid. The TUMF fees shall be the effective rate at
the time when the Certificate of Occupancy is obtained.
ADMINISTRATIVE SERVICES DEPARTMENT
122.Prior to the approval of the Final Map, Parcel Map, Site Development Plan,
or Special Use Permit (as applicable), the applicant shall annex into
Community Facilities District 2003-1 to offset the annual negative fiscal
impacts of the project on public safety operations and maintenance issues
in the City.
123. Pri or to approval of the Final Map, Parcel Map, Site Development Plan, or
Special Use Permit (as applicable), the applicant shall annex into Lighting
and Landscape Maintenance District No. 1 to offset the annual negative
fiscal impacts of the project on public right-of-way landscaped areas to be
maintained by the City and for street lights in the public right-off-way for
which the City will pay for electricity and a maintenance fee to Southern
California Edison.
124. Developer shall pay both Fire Station Impact Fee and Other Impact Fees
125. Upo n completion of the Fire Station Impact Study and other impact fee
studies, Developer shall pay impact fee.
126. Developer shall pay CFD for Park, Parkway, Open Space and Storm Drain
Maintenance
127. Pri or to approval of the Final Map, Parcel Map, Site Development Plan, or
Special Use Permit (as applicable), the applicant shall annex into the
Mello-Roos Community Facilities District to fund the on-going operation
and maintenance of the new parks, parkways, open space and public storm
drains constructed within the development and federal NPDES
requirements to offset the annual negative fiscal impacts of the project.
COMMUNITY SERVICES DEPARTMENT
128. Developer to pay park fees of$I,600 per unit ($233,600).
Agenda Item No. \ V)
Page 37 of 53
Page 38 - City Council Meeting Minutes - September 12,2006
129. All interior landscape, recreation areas, facilities and/or open space to be
maintained by the HOA. No park credits.
130. Developer to comply with all NPDES storm water requirements.
131. Developer to participate in City-wide LLMJ;:>.
132. Developer to annex into LLMD District 1 for all exterior landscaping to be
maintained by the City.
133. All interior streets and/or roadways to be maintained by the HOA.
134. HOA to maintain all catch basins, collectors, v-ditches or any other related
flood control or storm water control device.
135. Developer to design a multi-family recycling plan through the City and
CR&R.
136. Developer to comply with all City Ordinances regarding construction
debris removal and recycling as per Section 8.32 of the Lake Elsinore
Municipal Code.
137. Developer to meet City curb, gutter and sidewalk requirements.
138. Secondary access needs to be clearly defined as part of the development.
139. All existing palms (California Fan Palms and Canary Island Date Palms) to
be incorporated into the project landscaping or donated to the City and
relocated at the developer's expense.
LAKE ELSINORE UNIFIED SCHOOL DISTRICT
140. Under the provisions of sa 50, the owner or developer shall be required to
pay school fees or enter into a mitigation agreement prior to the issuance of
a certificate of compliance by the District.
RIVERSIDE TRANSIT AGENCY
141. The applicant shall work with Riverside County Transit Agency staff for
bus turnout. The applicant shall install bus turnout along Riverside Drive
and along Grand Avenue as required by Riverside Transit Agency.
Agenda [tern No.ill
P,ge38 of 53
Page 39 - City Council Meeting Minutes - September 12, 2006
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1190 - Approving Ramsgate Specific Plan
No. 89-1 Fourth Revision.
MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON
SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1190.
ORDINANCE NO. 1190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING RAMSGATE
SPECIFIC PLAN NO. 89-1 FOURTH REVISION, LOCATED
APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH
OF STATE HIGHWAY 74, AND WEST OF GREENWALD A VENUE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
32. Second Reading - Ordinance No. 1191 - Amending Chapter 17.66 (Parking
Requirements) of the Lake Elsinore Municipal Code.
MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT UPON
SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1191.
ORDINANCE NO. 1191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.66
(PARKING REQUIREMENTS) OF. THE LAKE ELSINORE
MUNICIPAL CODE REGARDING COMPACT PARKING DRIVE
Agenda Item No. \ to)
Page 39 of S3
Page 40 - City Council Meeting Minutes - September 12, 2006
AISLE WIDTH AND PARKING RATIO FOR MEDICAL USES.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
BUCKLEY, HICKMAN,
.KELLEY, SCHIFFNER,
MAGEE
NONE
NONE
NONE
33. Second Reading - Ordinance No. 1192 - Amending and restating Chapter
2.20 of the Lake Elsinore Municipal Code regarding Disaster Relief.
MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT UPON
SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1192.
ORDINANCE NO. 1192
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING
CHAPTER 2.20 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING DISASTER RELIEF.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NONE
BUCKLEY
NONE
Agenda Item NQ'\ ~:.)
Page 40 of 53
Page 41 - City Council Meeting Minutes - Sept~mber 12, 2006
34. Resolution adopting the National Incident Management System (NIMS).
Public Works Manager Payne commented on the item. He noted that NIMS
was developed to provide a consistent nationwide approach for federal, state
and local governments to work together more efficient and effectively
during disasters. He noted that NIMS ensured the City to receive Federal
Preparedness Funding in addition to Disaster Relief Funding.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT
RESOLUTION NO. 2006-151 APPROVING THE INTEGRATION OF NIMS
INTO THE CITY OF LAKE ELSINORE EMERGENCY MANAGEMENT
PLAN.
Mayor Magee inquired if a Councilmember should be recorded as absent or
abstaining when they leave the dais during a roll call vote.
City Attorney Leibold noted that the Councilmember should be listed as
absent and the minutes should reflect when they reconvene to the balance of
the Council.
THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE WITH
COUNCILMEMBER BUCKLEY ABSENT.
35. Amendment to L.E.M.C. Sections as listed in the staff report regarding
appeal of Nuisance Abatement and Planning Commission decisions.
City Attorney Leibold noted that the current appeal period of a Planning
Commission decision was 10 days. She noted that similarly a Nuisance
Abatement decision is subject to appeal within 10 days. She noted that the
Council expressed a desire to extend the appeal period to 15 days. She noted
that she and her staff had reviewed specific sections of the L.E.M.C. She
indicated that in order to provide for a consistent 15-day appeal period, they
were proposing that the individual sections of the LEMC be modified.
Councilmember Buckley reconvened with the body of the Council at
7:48 p.m.
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON
SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1194.
\ \,-
Agenda Item No.~}
Page41 of 53
Page 42 - City Council Meeting Minutes - September 12,2006
ORDINANCE NO. 1194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING
SECTIONS 8.18.100, 14.04.220, 17.70.014, 17.70.038, 17.74.070,
17.76.070, 17.80.020, 17.82.090, 17.82.100, 17.92.050, 17.98.100, AND
17.99.180 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING APPEAL OF NUISANCE ABATEMENT AND
PLANNING COMMISSION DECISIONS.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
36. Biennial Review of the Conflict ofInterest Code.
City Attorney Leibold commented on the item. She noted that the City had
adopted the "Model Conflict ofInterest Code" which was promulgated by
the FPPC and incorporated into the California Code of Regulations. She
noted that because the City adopted the Conflict ofInterest Code in that
way, it was a living code that was modified as the FPPC makes
modifications.
City Attorney Leibold noted that the second portion of the code was to
designate employees subject to the disclosure requirements. She noted that
the designated list of employees had been amended. She noted that staff s
recommendation was to approve the amendments to the designated
employee list and direct the City Clerk to file the 2006 local Biennial
Review notice with the FPPC on or before October 2006 indicating the
amendments to the list of designated employees.
Agenda Item No. \ \c--=.)
Page 42 of S3
Page 43 - City Council Meeting Minutes - September 12, 2006
Councilmember Buckley inquired if everyone on the designated employee
list had to attend the AB1234 training.
City Attorney Leibold noted that the bylaw did not extend as deep into the
staffing structures in the list of the designated employees. She noted that
Council had encouraged all department heads and city staff to attend the
ethics training.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
A UNANIMOUS VOTE TO APPROVE THE AMENDMENTS TO THE
"DESIGNATED EMPLOYEE" LIST AS SET FORTH IN EXHIBIT B OF
THE STAFF REPORT AND DIRECT THE CITY CLERK TO FILE THE
2006 LOCAL BIENNIAL NOTICE WITH THE FAIR POLITICAL
PRACTICES COMMISSION.
37. City Council Policies.
City Attorney Leibold commented on the item. She noted that the review
started over a year ago by the subcommittee of the Council consisting of
Councilmembers Buckley and Hickman. She noted that she reviewed their
recommendations.
City Attorney Leibold noted that certain policies had been deleted and some
had been modified.
Michael O'Neal, Planning Commission, commented on an article from the
Californian regarding the budget. He commented on the withholding
stipends of Council, Planning Commissioners and City Treasury.
Mayor Pro Tern Schiffner noted that the City Attorney recommended that
Section 300-1 be deleted from the Council Policies. He noted that he was in
favor of deleting the section.
Councilmember Buckley noted that withholding stipends would not balance
the budget. He noted that stating the item as a policy of the City, would
show the residents of the City how much public officials care about
spending their tax dollars. He noted that he was in favor of keeping the item
as part of the Council Policy.
\ \"
Agenda Item NO.~j
Page 43 of 53
Page 44 - City Council Meeting Minutes - September 12, 2006
Councilmember Hickman suggested that public officials not get paid until
the budget was balanced. He further suggested getting reimbursed once the
budget was balanced.
MOVED BY SCHIFFNER TO ELMINATE POLICY 300-1 FROM THE
COUNCIL POLICIES.
Councilmember Kelley noted that she could not support deleting Council
Policy 300-1. She noted that Council always does their best to try and
balance the budget.
City Treasurer Weber noted that taking stipends from public officials would
not make a difference. He commented that it was staffs responsibility to
produce a balanced budget.
Councilmember Buckley stated that the Council Policy 300-1 was about the
City's dedication and appearance to the people who live in Lake Elsinore.
He noted that the stipend was a small amount. He further noted that the
policy would set a great example for other government agencies.
City Attorney Leibold noted that the City Attorney's recommendation is that
Council Policy 300-1 should be eliminated because it is duplicative of the
LEMC. She noted that the LEMC was the appropriate place to address
Council compensation. She noted that Council compensation was
established by Government Code pursuant to a schedule based on
population. She noted that based on the City's current population, Council
was eligible for an adjustment. She noted that in order to effect that
adjustment, there was discussion about directing the City Attorney to bring
back an ordinance at the next regularly scheduled meeting. She inquired if
Council wanted to incorporate the issues of Council compensation
exclusively in the LEMC such that a policy is not necessary or direct the
City Attorney to bring back the ordinance adjusting Council compensation
in accordance with the Government Code.
Councilmember Buckley commented that the potential pay was established
at the state level. He noted that it was the City Council that must set the pay,
and the adjustment was being discussed as a raise.
Mayor Magee noted that he felt that the direction to staff has been to balance
the budget, and that public safety was their number-one priority. He noted
Agenda Item No.ill
Page 44 of 53
Page 45 - City Council Meeting Minutes - September 12, 2006
that there are other government entities, above the Council, that have the
ability to control the purse strings and can also legislate the Council with
additional requirements which Council would be obligated to perform on
behalf of their constituents without the benefit of increased funds. He noted
that he did not feel the policy was appropriate. He commented that he would
pledge, ifhe does not vote for a balanced budget, he would donate a portion
of his money to a charitable organization. He noted that there are always
those in need of funds. He noted that he could not support the policy.
THE FOREGOING MOTION SECONDED BY KELLEY.
AMENDED MOTION MADE BY SCHIFFNER, SECONDED BY KELLEY
TO INCLUDE THAT THE CITY ATTORNEY BRING BACK AN
ORDINANCE IN REGARD TO THE SALARY ADJUSTMENT.
Councilmember Hickman noted that the only pressure that the Council could
bring for a balanced budget was on management since they control all the
figures.
THE FOREGOING MOTION CARRIED BY A VOTE OF 4-1 WITH
BUCKLEY CASTING THE DISSENTING VOTE.
City Attorney Leibold referred to the staffreport and suggested that Council
start with discussion on Policy No. 200-4 regarding the selection of Mayor.
Mayor Magee noted that he could not support the policy. He noted that in
order to lead the City, 3 votes are needed. He noted that if someone did not
have 3 votes to become Mayor, they would be leading in a handicapped
situation.
Councilmember Buckley confirmed that to get elected as Mayor, the
Councilmember would still need 3 votes with the policy in place. He noted
that the policy was intended to eliminate political games. He commented
that being Mayor during an election year brings votes.
Mayor Pro Tern Schiffher noted that he could support changing the Policy.
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE
POLICY 200-4 WITH THE DELETION OF LAST PARAGRAPH.
I L..
Agenda Item No.~
Page 45 of 53
Page 46 - City Council Meeting Minutes - September 12, 2006
Councilmember Hickman requested further clarification.
City Attorney Leibold noted the Electoral Reform Committee made the
recommendation. She noted that her recollection of the Council's action,
with respect to the items, were to support the policies and to incorporate
them into the amended policy manual- but, she did not recall whether they
were formally adopted.
Councilmember Hickman requested that the City Attorney research that item
further.
City Attorney Leibold noted that she could research the item further.
THE FOREGOING MOTION CARRIED BY A VOTE OF 3-2 WITH
BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES.
City Attorney Leibold commented on Policy No. 200-SA. She noted that
there was an issue raised by Public Safety Advisory Commission. She noted
that the policy that exists and the various provisions of the LEMC provide
that the PSAC and the Planning Commission appoint their officers in
January of each year. She noted that the PSAC requested that they be able
to appoint their officers in July to coincide with the appointment of their
membership. She noted that she would have done so, but it required
modification of the code. She noted that she was looking for direction from
the Council.
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A
UNANIMOUS VOTE TO APPROVE POLICY NO. 200-5A WITH
MODIFICATION TO PROVIDE THAT COMMISSION SELECTION OF
OFFICERS FOR THE PLANNING COMMISSION AND PUBLIC SAFETY
ADVISORY COMMISSION OCCUR IN JULY TO COINCIDE WITH
COMMISSION APPOINTMENTS.
Councilmember Buckley commented on Policy No. 200-5B regarding Ad
Hoc Committee appointments. He inquired if an agenda was required.
City Attorney Leibold noted that there would need to be an agenda, but there
was not a requirement to have minutes. She noted that there had been
discussion whether or not a record needed to be retained for the meetings
and whether staff would be provided to take minutes of the meeting or if the
Agenda Item No.ill
pog,46 of 53
Page 47 - City Council Meeting Minutes - September 12, 2006
committee would appoint a recording secretary. She noted that could be
decided on a case-by-case basis.
Councilmember Buckley suggested adding "Council permits to have
staffing", and in the case where staff would not be provided to add "the
Council orders the Ad-Hoc Committee to appoint a recording secretary".
City Attorney Leibold noted that not all staff members are necessarily
qualified or the appropriate personnel to take minutes. She noted there
would generally need to be an additional administrative staff member or an
internal committee recording secretary.
City Attorney Leibold confirmed that Council's discussion was that as each
Ad-Hoc Committee is appointed, or established, that the Council make clear
what level of staff support is provided and whether the staff or committee
appointed secretary would undertake the minute taking role.
MOVED BY BUCKLEY, SECONDED BY MAGEE TO APPROVE POLICY
NO. 200-5B AND ADD THE LANGUAGE "AS EACH AD HOC
COMMITTEE IS APPOINTED, OR ESTABLISHED, THAT THE
COUNCIL MAKE CLEAR WHAT LEVEL OF STAFF SUPPORT IS TO BE
PROVIDED AND WHAT MINUTE TAKING ROLE THE COMMITTEE
MEMBERS WOULD HAVE TO UNDERTAKE".
Councilmember Kelley noted that the RDA Committee was out of
compliance. She noted that the RDA Committee had done a wonderful job.
She suggested re-aligning the Committee so it was in compliance with the
policy. Councilmember Kelley requested that this item be placed on the
next agenda.
THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
A UNANIMOUS VOTE TO DELETE POLICY NO. 200-6.
Councilmember Kelley commented on Policy No. 300-12 in regard to
Community Organization Grant Policy. She noted that "the aggregate
financial assistance received by a community group or organization shall not
exceed $1,000 during any 12 month period" should be deleted.
Agenda Item NO.\ t',')
Page 47 of 53
Page 48 - City Council Meeting Minutes - September 12,2006
MOVED BY BUCKLEY TO DELETE THE LANGUAGE OF "THE
AGGREGATE FINANCIAL ASSISTANCE RECEIVED BY A
COMMUNITY GROUP OR ORGANIZATION SHALL NOT EXCEED
$1,000 DURING ANY 12 MONTH PERIOD" AND TO ADD "DURING
SUCH TIME AS THE CITY HAS ACCESS TO THE ECIVIS SYSTEM,
THE CITY SHALL MAKE THE SYSTEM A V AILABLE TO LOCAL
PRIVATE NON-PROFIT ORGANIZATIONS FOR THEIR USE AT NO
CHARGE" TO POLICY NO. 300-12.
City Attorney Leibold commented on page 138. She noted that Item No.8
should come out entirely. She noted that it should have been deleted.
AMENDED MOTION MADE BY BUCKLEY, SECONDED BY HICKMAN
AND CARRIED BY A UNANIMOUS VOTE TO INCLUDE THAT ITEM
NO.8 ON PAGE NO.6 OF THE POLICY BE DELETED ENTIRELY.
Councilmember Buckley commented on Policy No. 100-2, paragraph no. 13
regarding Future Employment. He noted that "6 months" should be replaced
with "1 year". He further noted the prohibition is not intended to extend to
representation of personal interests and that a provision to that effect needed
to be added. He noted that it would not allow for any former officer to turn
around and get ajob lobbying the City for a year after being a City officer or
employee.
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A
UNANIMOUS VOTE TO APPROVE POLICY NO. 100-2 WITH CHANGES
TO PARAGRAPH 13 TO REPLACE "6 MONTHS" TO "1 YEAR" AND TO
INCLUDE THE LANGUAGE THAT SUCH PROHIBITION IS NOT
INTENDED TO EXTEND TO REPRESENTING PERSONAL INTERESTS.
Councilmember Buckley commented on Policy No. 100-6 regarding City
Council Meeting Tapes. He suggested adding a sentence to the policy which
states "once the City Clerk's office has obtained the proper technology to
transfer minutes and tapes onto CD-Rom; that the CD-Rom's be maintained
indefinitely. "
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
A UNANIMOUS VOTE TO APPROVE POLICY NO. 100-6 AND ADD THE
LANGUAGE "ONCE THE CITY CLERK'S OFFICE HAS OBTAINED
THE PROPER TECHNOLOGY TO TRANSFER MINUTES AND TAPES
Agenda Item No. \ .~'.,
Page 48 of S3
Page 49 - City Council Meeting Minutes - September 12,2006
ONTO CD-ROM; mAT THE CD-ROMS BE MAINTAINED
INDEFINITELY".
City Attorney Leibold commented on Policy No. 100-4 regarding the
formulation of the final agenda. She noted that the policy contemplated that
the City Manager and the City Clerk coordinate the preparation of a tentative
agenda and that the tentative agenda be reviewed with the Mayor with
respect to the City Council agenda, and the RDA Chair with respect to the
Redevelopment Agency agenda. She noted that the Mayor and RDA Chair
could add or delete items with respect to their particular agenda.
City Attorney Leibold noted that the City Clerk noted an error in timing on
Item No.6 of the Policy. She noted that the Policy appropriately provides
how an agenda is determined and what items would be presented to Council
and the RDA. She noted that the policy went into detail regarding internal
procedures. She noted that Mayor Pro Tern Schiffner inquired, during the
Study Session, if some of the internal working detail could be deleted and to
leave it to the City Manager and City Clerk to meet the deadline of a
Thursday afternoon agenda completion and retain the protocol of consulting
with the Mayor and RDA Chair with respect to finalizing the agenda. She
suggested leaving the internal deadline to the discretion of the City Manager.
She noted that if Council was wishing to consider that kind of approach, she
could make a specific recommendation.
Mayor Magee noted that he was concerned that the burden would not all of a
sudden become that of the City Clerk's office. He noted that if the load and
responsibility was not going to shift on the City Clerk, he would accept the
recommendation.
City Attorney Leibold noted that the LEMC lays the responsibility of
establishing the agenda on the City Manager. She noted that the City Clerk
had the responsibility of compiling the agenda and producing it in
accordance with the Brown Act and to meet the policy of production.
City Attorney Leibold noted that the rigidity of the policy was of greater
concern because it did not allow for the flexibility or the deference to the
City Manager or City Attorney in the case of an urgent nature.
Councilmember Buckley suggested adding a paragraph which stated "at the
discretion of the City Clerk, City Manager and/or City Attorney - certain ,
\' .
Agenda Item No. L)
Pag,49 of 53
Page 50 - City Council Meeting Minutes - September 12, 2006
urgency items may be processed outside the system set forth".
City Attorney Leibold suggested stating that there could be specific
timelines, but that the City Manager had the discretion to allow exceptions
when an item merits it, so long as the City Cierk can still meet the deadline.
Mayor Magee inquired how the City Clerk felt about the matter.
City Clerk Ray noted that he was okay with the matter. He noted that staff
generally tries to submit all staff reports in a timely manner to get the agenda
out by Thursday afternoon.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
A UNANIMOUS VOTE TO FOLLOW THE RECOMMENDATION OF
THE CITY ATTORNEY TO MODIFY POLICY NO. 100-4.
City Attorney Leibold commented on Policy No. 300-4 regarding seminars
and conferences. She indicated that a concept was discussed that did not
make it into the Council package. She noted that the concept was to require
a report to the Council or respected Commission of the course and activities
that were attended when an elected or appointed official attends a seminar or
conference that was paid for in whole or in part by the City.
Councilmember Buckley felt that a report was a good idea.
Mayor Magee inquired ifthe report could be verbal and/or written.
City Attorney Leibold confirmed.
MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY
A UNANIMOUS VOTE TO AMEND POLICY NO. 300-4 TO INCLUDE
THAT A VERBAL AND/OR WRITTEN REPORT FROM COUNCIL OR
RESPECTED COMMISSION ON THE COURSE AND ACTIVITIES
ATTENDED WHEN ELECTED OR APPOINTED OFFICIALS ATTEND A
SEMINAR/CONFERENCE THAT WAS PAID FOR IN WHOLE OR IN
PART BY THE CITY.
<.
<
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-152
APPROVING REVISED CITY COUNCIL POLICIES WITH SUCH
\ i,.,
Agenda Item No.~)
Page 50 of 53
Page 51- City Council Meeting Minutes - September 12, 2006
MODIFICATIONS AS TO SPECIFIC POLICIES AS DICTATED BY
PREVIOUS ACTIONS OF CITY COUNCIL DURING CONSIDERATION
OF THIS ITEM.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:44
P.M.
THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT
8:48 P.M.
PUBLIC COMMENT
Connie Soto, 141 Via De La Valle, commented on the lake water. She noted that it
was her understanding that the water in the lake was controlled by EVMWD and
that the City controlled the lake bottom. She inquired ifthe City would allow
disruption of the lake by takeover of eminent domain to core access to its' bottom
and allow the power plant known as LEAPS.
Mayor Magee noted that the item was not on the agenda. He noted that Council
could address her matter during their individual comments or he could address her
after the meeting.
Ms. Soto noted that she was a concerned citizen and would like to make a decision
for or against the project. She noted that she was looking to the City for proper
information and direction on the issue,
Mayor Magee noted that the City Council had written up a list of comments on
projects. He noted that the City Council was neither for or against the project, but
had many concerns. He urged Ms. Soto to request a copy of Council's concerns
from the City Clerk.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
1) Announced the following upcoming events:
September 23rd - Red Bull Action Day and Video Premier at McVicker Park
September 23rd - Monthly Car Cruise
September 24th - Open Air Farmer's Market'
Agenda Item No. \ \to)
Page5l of 53
Page 52 - City Council Meeting Minutes - September 12, 2006
CITY ATTORNEY COMMENTS
City Attorney Leibold commented on the following:
1) Thanked Council for their indulgence on the policy matters. She noted
Council could bring their Policy binders into the City Clerk's office to be
updated.
COMMITTEE REPORTS
None.
CITY TREASURER COMMENTS
No comments.
CITY COUNCIL COMMENTS
Mayor Pro Tem Schiffner commented on the following:
1) Responded to Connie Soto's Comment. He noted that there were a lot of
things Council did not know on the LEAPS project. He noted that Council
needed more detail before determining if they are in favor or against the
proj ect.
Councilmember Hickman commented on the following:
1) Noted that the Property Tax Rebate and Rental Assistance Programs were
still available for anyone over 62 years of age until the end of September.
Council member Buckley commented on the following:
1) Commented that there was $125 thousand budgeted for a feasibility study
regarding the Civic Center. He noted that he would like to see a combined
City Hall, library and post office in the downtown area.
Agenda Item No. \ \c)
PagoS2 of 53
Page 53 - City Council Meeting Minutes - Septem her 12, 2006
Mayor Magee commented on the following:
1) Commented on the Civic Center. He noted that Council directed staff to
provide answers to Council. He noted that there would be more information
coming forward in October.
The Regular City Council Meeting was adjourned at 8:53 p.m.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
RESPECTFULLY SUBMITTED:
MICHELLE SOTO, DEPUTY CITY CLERK
ATTEST:
FREDERICK RAY, CITY CLERK
CITY OF LAKE ELSINORE
Agenda Item No. \ \,")
Page 53 of 53
MINUTES
JOINT CITY COUNCILIREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, SEPTEMBER 26, 2006
********************************************************************
CALL TO ORDER
Mayor Magee called the Joint Study Session to order at 4:01 p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS:KELLEY, SCHIFFNER,
MAGEE
ABSENT:
COUNCILMEMBERS: BUCKLEY, HICKMAN
Also present were: City Manager Brady, City Attorney Leibold, Administrative
Services Director Pressey, Community Development Director Preisendanz,
Lake & Aquatic Resource Director Kilroy, Community Services Director Sapp,
Information/Communications Manager Dennis, Building & Safety Manager
Chipman, Planning Manager Weiner, City Treasurer Weber and City Clerk
Ray.
DISCUSSION ITEMS
Mayor Magee gave an overview of the presentations; and confirmed that the
awardees would be present at the 7:00 p.m. meeting.
PUBLIC COMMENTS
None.
CONSENT CALENDAR
Agenda Item No. I (
Page 1 of7
PAGE 2 STUDY SESSION MINUTES - SEPTEMBER 26, 2006
1. Minutes.
No comments.
2. Warrant List - September 14,2006.
No comments.
3. Investment Report - July 2006.
No comments.
4. Claim against the City.
Council member Kelley noted that there was not very much information on the
claim. She inquired if a claim had already been filed against EVMWD.
City Clerk Ray noted that a claim had been filed against EVMWD. He noted
that EVMWD requested that the City indemnify them, which created a claim on
behalf of EVMWD that needed to be sent to the claims company.
S. Street vacation of a portion of Joy Street.
Mayor Pro Tem Schiffner requested clarification on the vacation.
City Engineer Seumalo noted that the street width was required through the
traffic study associated with the General Plan. He noted that the street width
was for future use. He noted that when the City has an opportunity to acquire
land, they would be able to get the right-of-way for future use.
6. Notice of Completion for Machado Street Improvements.
Mayor Magee commended staff on the project.
7. New copier lease with Temecula Copiers for Engineering Department.
No comments.
\,r.
Agenda Item No. ,__"
Page 2 of7
PAGE 3 STUDY SESSION MINUTES - SEPTEMBER 26, 2006
8. Resolution by the City Council of the City of Lake Elsinore adopting a fine for
violation of Lake Elsinore Municipal Code Section 10.12.130 - Oversized
Vehicle Parking.
Mayor Pro Tern Schiffner commented that there was nothing in the Ordinance
regarding additional fines for 2nd and 3rd offenses. He suggested that there
should be.
Mayor Magee noted that he agreed with Mayor Pro Tern Schiffner's comments.
He noted that the first violation should be $30, the second violation $100 and
the third violation at $500. He noted that the fine needed to be more expensive
than storing it somewhere.
Councilmember Kelley noted that she supported Mayor Pro Tern Schiffner's
comment. She inquired if the City had received any public comments. She
inquired if fliers had been mailed out in regard to the ordinance.
Building & Safety Manager Chipman noted that they have not mailed out any
fliers. He noted that Code Enforcement officers, during their daily rounds, have
been putting fliers on any recreational vehicles they see. He noted that he had
not received any public response.
Information/Communications Manage Dennis noted that the PSAC felt that the
$30 starting point for the violation was too low. He noted how the PSAC
envisioned the system to work.
Mayor Magee noted that the item had good exposure since it had been
mentioned on TV through the broadcasting of Council meetings, a radio
interview he had participated in and in all 3 newspapers.
PUBLIC HEARINGS
21. Mitigated Negative Declaration No. 2006-04, General Plan Amendment No.
2006-05, Pre-Annexation Zone Change No. 2006-05, Zone Change No. 2006-
07, Rarnsgate Specific Plan No. 89-1 Fifth Revision, Annexation No. 76,
Tentative Tract Map No. 33725.
Mayor Pro Tern Schiffner commented that he was in favor of the item since it
was all within the City's Sphere ofInfluence.
Agenda Item No. \ C.
Page 3 of7
PAGE 4 STUDY SESSION MINUTES - SEPTEMBER 26, 2006
Mayor Magee commented on the lot size. He noted that it was slightly over
6,100 square feet. He inquired if the project was consistent with the goals of
the Specific Plan.
Community Development Director Preisendanz confirmed.
22. Mitigated Negative Declaration No. 2005-12, General Plan Amendment No.
2006-03, Pre-Zoning No. 2006-04, Annexation No. 77.
No comments.
23. Mitigated Negative Declaration No. 2006-03, General Plan Amendment No.
2006-01, Pre-Annexation Zone Change No. 2006-03, Annexation No. 78.
Mayor Magee noted that the newspaper failed to note a letter that supported the
annexation by the Menifee Action Group. He noted that the letter stated that
the Menifee Action Group believed that the item would not jeopardize the
economic base of the future city.
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1193 - Adopting Specific Plan No. 2005-01
and Zone Change No. 2005-01 (The Village at Lakeshore Specific Plan).
No comments.
32. Second Reading - Ordinance No. 1194 - Amending and restating the Sections
in the L.E.M.C. regarding appeal of Nuisance Abatement and Planning
Commission decisions.
No comments.
33. Cruise Night Reconsideration.
Councilmember Kelley commented on staffs recommendation to deny the
request for reconsideration. She noted that Council had asked staff to come
back in 3 months and inquired if that was the only reason for denial.
Agenda Item No. \c_
Page 4 of7
PAGE 5 STUDY SESSION MINUTES - SEPTEMBER 26, 2006
City Manager Brady noted that they wanted to expand the event due to the
success of it. He noted that there was another alternative plan proposed.
Mayor Magee noted that he counted 12 businesses on Main Street that would be
impacted that were in favor of the item. He commented on the attachment that
he had provided to Council.
Councilmember Kelley indicated that Council had battled this issue for years.
She commented on the map provided to Council. She noted that Council had
considered that option before and the Downtown Business Association was not
in favor of it.
34. Ordinance regarding City Council Member Compensation.
Mayor Magee noted that he did not know of any other job that would not have
received some sort of raise in 21 years. .
35. Ordinance repealing Chapter 2.09 of the Lake Elsinore Municipal Code.
No comments.
36. Washington, D.C. Lobbying Services contract renewal.
Councilmember Kelley commented that she was proud that the City was
represented by the Ferguson Group.
Mayor Pro Tern Schiffner noted that the Ferguson Group had done a great job.
Mayor Magee commented that the Ferguson Group did an excellent job. He
commented that he would be in support of a contract renewal.
37. Investigation ofCALTRANS' relinquishment of State Route 74 to the City of
Lake Elsinore.
City Treasurer Weber commented that the fiscal impact was unknown. He
inquired if the City should know about the fiscal impact before voting on the
item.
Agenda Item No.
Ie
Page 5 or?
PAGE 6 STUDY SESSION MINUTES - SEPTEMBER 26, 2006
Mayor Magee commented that he had some informal discussions with people
that were all positive in respect to Council pursuing the item. He noted that a
motion could be made to attach a budget figure to the item.
City Manager Brady clarified that that the item was not a decision to take over
the route. He commented that it would be brought back to Council at a later
date.
Mayor Pro Tern Schiffner commented that there were advantages to taking over
a portion of the highway. He noted that one of the costs should go toward
improving the highway an extending it to 4 lanes.
Mayor Magee commented on processing time. He noted that processing small
projects within Highway 74 was taking an inordinate amount of time. He noted
that the Lakeside High School right-of-way was incorrectly set and was 8 feet
too short. He also commented on beautification. He commented on the state
providing money for some projects.
REDEVELOPMENT AGENCY
CONSENT CALENDAR
I. Minutes.
No comments.
PUBLIC HEARING ITEMS
None.
BUSINESS ITEMS
None.
CITY TREASURER COMMENTS
None.
ADJOURNMENT
Agenda Item No. \ (-
Page 6 of7
PAGE 7 STUDY SESSION MINUTES - SEPTEMBER 26, 2006
THE JOINT CITY COUNCILIREDEVELOPMENT AGENCY STUDY
SESSION WAS ADJOURNED AT 4:31 P.M.
ROBERT E. MAGEE, MAYOR
CITY OF LAKE ELSINORE
GENIE KELLEY, CHAIRWOMAN
REDEVELOPMENT AGENCY
Respectfully submitted,
MICHELLE SOTO, DEPUTY CITY CLERK
ATTEST:
FREDERICK RAY, CITY CLERK
Agenda Item No. \ Q
Page 7 of7
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 24, 2006
SUBJECT:
CLAIM AGAINST THE CITY
BACKGROUND
Claims filed against the Cityof Lake Elsinore are reviewed and handled by Carl
Warren & Company, Claims Administrators. When received, each claim is logged
in the City Clerk's Office and forwarded to this company for investigation. After
initial review and investigation, direction is issued to the City to take one of several
actions such as rejection, notification of late claim or reservation of action until
further information is obtained.
DISCUSSION
The following claim has been recommended for rejection by Carl Warren &
Company:
CL#2006-17 - Juan Navarrete
FISCAL IMP ACT
None.
RECOMMENDATION
Reject the claim listed above and direct the City Clerk to send a letter informing the
claimant of this decision.
AGENDA ITEM NO. 1-
PAGE -1_ OF (" ;"ifl
REPORT TO CITY COUNCIL
OCTOBER 24, 2006
PREPARED BY: /:t::
FREDERIC
;/
A Y, CITY CLERK
APPROVED FOR
AGENDA BY:
~'\i'j;,;;~j k"".",
'}. (,.
September 30, 2006
P~.....
'1. ......
'I~
Ocr' ~D
f tj
C/7y '. 2006
Cl.i::"
I'fl(s
O~~C~
I
I
!~
TO: The City of Lake Elsinore
ATTENTION: Frederick Ray, Risk Manager
RE: Claim
Claimant
D/Event
Rec'd Y/Office
Our File
Navarrete vs. The City of Lake Elsinore
Juan Navarrete
6/28/2006
7/31/2006
S-1432005-CKQ
We have received and reviewed the above claim and request that you take the action indicated below:
CLAIM REJECTION: Send a standard rejection letter to the eIaimant.
Please provide us with a copy of the notice sent, as requested above. If you have any questions please
contact the undersigned.
Very truly yours,
CARL WARREN & COMPANY
.~
cc: CJPIA w/enc.
Attn.: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT CLAIMS ADJUSTERS
770 Placencia Avenue, PlllCtnti4, C^ 92870-6832
Mail: P.O.Box25180.Sant1lAna.C1192799.5180
Phone: (714) 572.5200 . (800) 572.6900. Fax: (114) 961.8131
AGiENOA ITEM NO. :J-
p^"r: ::) OF ._Cp_._
Clt!) of Lake E{~lno7-e
{(OnE CUi'- qot d1!lO'l.e{(
July 31, 2006
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
Dear Mr. Kunz:
Enclosed for your handling is a claim received on July 31, 2006
from Juan Carlos Navarrete (CL #2006-17). Please keep me
advised of appropriate City Council Action.
Also, we have enclosed the original pictures to the claim.
For further assistance, please contact me at (951) 674-3124 ext.
262.
Sincerely,
~ KRAY, CITY CLERK
CITY OF LAKE ELSINORE
Enclosure
cc: City Manager
730 dlouth dIilain dlt..eJ:, .L:ak~ Z['ino,<, CeI!- 92530 'Jd~phon' (957) 674-3724 '3ax (951) 674-2392
. , V)
www.[akE--E.{j.l.no.lf:-.o.tf) >~~~:Li";L":: ; ';.;1""; ,,~,~'~,.
. PMX:_'1- Ci.-\,,/'f?._.....'
RECEIVED
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For'Damages to Persons or Personal Property)
..~,~V
JUL 3 1 2006
CITY CLERKS OFFICE
(TimelDate Received)
A clairil'm~stb~med,with the City Clerk of the City on-ake Elsinore, within six (6) months after the incident ore event
. o~C:liireiLBe stit~ your claim is against the Ciiyofl.ake Elsinore, not another public e"tity. Where space is insufficient,
. ':.pleaSe useilil~llional pW~r:and identify infannation by paragraph number Completed claims must be mailed or nelivered to
'.l~e City..CI~ City of1;a1<e Elsinore, 130 South Main Street, Lake Elsinore, California, 92530.
.: '. ~. <,
~. ....
TO THE HONORABLE MAYOR AND CITY COUNCIL, CITY OF LAKE ELSINORE, CALIFORNIA:
.1~ W' .
The undersigned re~pectfully submits the following claim and information relalive to damage to persons andlorpersonal
., property: "\;t',,v"
1. "" NA~ff, OF CLAlMANT--.J vA-,v C~rl.~
b.
Phone No. ('fC:~~' J.
Social Security No'"
a. Address of Claimant
c.
Date of Birth ....,...~ _
DriversLic.No.~
d.
e.
2. Name, post office address and telephone to which claimant desires notices to besen!, if other than the above:
3. Occurrence or event from which this claim arises:
a. Date Ob. ).~, 0(. b. Time A-Pr.r."" 6:00-f:,.';C p.......
c. Place (Exact and specific location) h~A,v 'i~. ,,, L.4J<.15.. e.U..""rll.. .
d. How and under what circumstances did damage or injury occur? Specify the particular occurrence, event,
.act or omission you claim caused the injury or damage (use additional paper if necessary).
.I "","'J, ;",d~,.)eJ "- +"'~~H./,'f'1- I='/'O~ /0"1 tm<-<rt0I\(G.. ~"'"7
ff;.J /"""",,( "II ,.,F /I., j~'/". 15 n-P 1-1..) e= ve/\~
e. What particular action by the City of its employees, caused the aUeged damage or injury?
tJ., Ihufl::F- lll!f\o. D~ f..;, fI;, , ",Iv .~ ""'A:PS: .ro..J':i:. /'!',.t .~ "",fUr ,fW';
""" I"",,.. !:kv .(:" )",,1- f/./k,. fi..... r>~J ,.f"' Auf- ",;-;J'L 1'~"'y1 .J;,,,.. In._.
WA-J tr...FF". Tl. ~".J ,~"",JJ I, I.,'M ,,\,.J.) /'Jo~ it, Otrc>,i.,)J..fP" ~ ft,,'f,
AGENDA ITEM NO.2-_.
PAnES. Of _~~
4. Were there any injuries at the time of this accident? Ifnot, state "No injuriesll.
,1::.. < Jt:., ,,'Of.. 1:,,,,117 ,'Ai ~rJ ^^j ~f}11 ;:.AI
/0~(/,. ll/f ~ ....01- """'.~ ti..+- -;j r,/If(j"} "....1
Give the name(s) of the City employee(s) causing the damage or injury;
fH/lt!
N~
JPI/r ;;'.r 9.i,<"'1!-
.
t..~re /1.f C4-lfn...,''JeJ
5.
AA:> Mr.J',~1v ~Iow<:,._ (sl..e,:N!Jt>o,{,.),.f:: {,.~ M,\'~'
I . ~J ~ ~
6. Name and address of any person injured:
7. Name and address of the owner of any damaged property:
jv....... ~f.,. j);wvVr<-h. ~
8. Damages claimed:
a. Amount claimed as of this date $ eM /(o..,^
b. Estimated amount of future eosts $
c. Total amount claimed $
d. Basis for computation of amounts claimed (Include copies of all bills. invoices, estimates. etc):
9.' Names and addresses of all witnesses, hospitals, doctors, etc;
a. I)n.
J ",~p h
A/<diV~7- I'1D"
:l X'" </ ~~ '/" Illl,
,
r.:Mt..J<1, (j/. 92)''1/
,
b. (AA> (":~/j,/,(. st.,;,;)
c,
10. Any additional information that might be helpful in considering tllis claim:
.. ~ k >"9~' . -JX>..,.t' ,.'1' .d:j
jtj jOr.;. I.. e...,s.."i'j 'tt-. ~~HS-.i(J I).A 01/ () tti. t., f1;JO"""/U~ l~ I): "~TM~ 1t>1;t ry~ Dr:- r'f'pol"fJ
WARNING: IT IS A CRIMINAL OFFENSE TO FILE A FALSE CLAIM!
(Penal code 72/Insurance Code 556. I)
J have read the matters and statements made in the above claim and J know the same to be true of my own knowledge, except
as to those matters state upon information or belief as to such matters, I believe .the same to be true. I certify under penalty of
perjury that the foregoing is TRUE AND CORRECT.
SlGNEDTHlS ,N.''Jvl''''''9 DAY OF 7,"1- 1">&
CLAIMANT'S ~ =_---::=='.:>
SIGNATURE: _~ _ _-
.".
~
.20~.AT
. CALIFORNIA.
..iLL._
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
OCTOBER 24, 2006
DATE:
SUBJECT:
DISPOSAL OF SURPLUS ELECTRONICS AS SCRAP
BACKGROUND
The electronic devices listed on the attachment are submitted for declaration as
surplus equipment to be scrapped and sent to auction because they are no longer
working, are not repairable, or have become obsolete.
DISCUSSION
Computer and electronic equipment becomes surplus material due to obsolescence,
wear, or when cost of repair exceeds value. The Purchasing Officer can arrange for
disposal of scrap surplus equipment per section 3.12.035 of the Municipal Code,
provided the City Council is notified 30 days in advance of the property to be
scrapped.
FISCAL IMPACT
None. Scrap to auction proceeds help offset the cost of disposal.
RECOMMENDATION
Approve disposal of surplus electronic equipment to be scrapped as e-waste.
PREPARED BY: MARK DENNIS, INFO./COMMUNICATIONS MANAGER
/1 r:--....
APPROVED FOR .(i;) f (I f' II \2~_)
AGENDA BY: jI o{;R . . Dt,,'~
CITY MANAGER'S 0 ICE
Agenda Item No. ~_
Page / of-:;,L.
--
Surplus Equipment Declaration
Lake Elsinore City Council
October 24, 2006
TVI ,,")))) Siltlal,Nllmber" , m):"::;"~\'\;':;;l
" ,j,,!>
Batterv Powerware 5 Battery Backuo UV473A0024
Batterv Powerware 5 Battery Backup UV473A0125
Batterv Trioo-Lite Office UPS BC4232
Cassette Deck Realistic Stereo Cassette Deck 092BU
Com outer Dell Ootiplex GX150 12TOX01
Com outer Dell Optiplex GX150 B2TOX01
Com outer Dell Ootiplex GX240 6DTC011
Com outer Dell Ootiolex GX260 199PD21
Com outer Dell Optiplex GX260 299PD21
Com outer Dell Optiplex GX260 2F5ST11
Com outer Dell Ootiplex GX260 4F5ST11
Com outer Dell Optiplex GX260 BD5ST11
Comouter Dell Optiplex GX260 FDCK331
Comouter Dell Ootiolex GX260 H3N7S31
Comouter Dell Ootiplex GX260 J1B5Y11
Com outer IBM 330-P75 23R3327
Computer IBM PC 300GL 7BNNWGL
Com outer IBM ThinkPad 2630 7B-LGR15
Com outer Ootiolex GX260 397JW11
Com outer Ootiolex GX260 C7T6621
Com outer Optiplex GX400 D3PPG11
Comouter WYSE Win term 9NABD601657
Com outer WYSE Win term 9NABD601676
Com outer WYSE Winterm 9NABD700952
Cooier HP Diaital Cooier 310 MY23KD11 H D
Cooier Xerox XC1255 76524
Fax HP Fax Model 920 MY01LE2161
Hardware Sonic Firewall 00401010940E
Laotoo Dell Latitude C510 J32LG11
Laotoo IBM ThinkPad 3BOXD 7B-FZV96
Monitor Dell 15" CRT Monitor MX-05E532-47B01-1AU-C15R
Monitor Dell 15" CRT Monitor MX-07C056-47B01-191-BORE
Monitor Dell 15" CRT Monitor MX-07C056-47B01-191-BORG
Monitor Dell 15" CRT Monitor MX-07C056-47B01-191-BORK
Monitor Dell 15" CRT Monitor MX-07C056-47B01-191-BORL
Monitor Dell 15" CRT Monitor MX-07C056-47B01-191-BORQ
Monitor Dell 15" CRT Monitor MX-07C056-47B01-191-BORR
Monitor Dell 15" CRT Monitor MX-07C056-47B01-191-BOSR
Monitor Dell 15" LCD Monitor CN-06R644-47B04-36C-L 19W
Monitor Mitsubishi V50 LCD 4315B359NA
Monitor NEC 15" MultiSvnc LCD 2608392T A
Monitor NEC 15" MultiSvnc LCD 2608413TA
Monitor NEC 15" MultiSvnc LCD 2608421TA
Monitor NEC 15" MultiSvnc LCD 2608428TA
Monitor Ootiauest 15" CRT Monitor 5D80800551
Monitor Ootiauest 15" CRT Monitor 5DB0800590
Monitor Samtron 13" CRT Monitor A9527133520
Printer Citizen 200 GX Dot Matrix AH6660374
Printer HP Laserjet 2100 USGH253164
Printer Lexmark X 125 Printer 0131L028174
3
!",Jl::NOA ITEM NO. ~
p/lJJIL ,2 _OF.
-
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DA TE: OCTOBER 24, 2006
SUBJECT: PROFESSIONAL SERVICES CONTRACT FOR CODE
ENFORCEMENT SUPERVISOR
BACKGROUND
Over the past nine (9) months the Code Enforcement Division has lost a significant
amount of experience and history with the retirements and resignation of three (3) long
time staff members. Specifically the Senior Code Enforcement Officer, Parking
Enforcement Officer, and the Oflice Specialist III assigned to this division have all left
within the last year.
The loss of experienced staff coupled with the increase in activity in the City, have placed
a severe strain on the Division. The current staff members have less than two (2) years
experience and history within the Code Enforcement Division and with the City as a
whole. These remaining staff members are expected to provide adequate training for the
new staff members as well as maintaining and adopting new procedures. The need for a
readily accessible supervisor is crucial to the continued success of the Division.
DISCUSSION
For the past three (3) months the city has been utilizing the services of Anthony Romero
as a Code Enforcement Supervisor on a part time hourly basis. Tony has over fifteen (15)
years experience in Code Enforcement with the Cities of Corona and Perris prior to his
retirement. Consequently, Tony provides a great deal of technical support for Code
Enforcement Staff as well as providing needed review of current procedures and making
recommendations for improvement.
AGENDA ITEM NO.~
PAGELoF /7 .
REPORT TO CITY COUNCIL
OCTOBER 24, 2006
PAGE 2
There are several agencies that provide Codc Enforcement personnel as a part of their
consulting and personnel services. The fees associated with providing these services vary
with the individual agency or consultant and are calculated on an hourly basis. The
average cost for these services is approximately $75.00 per hour. Anthony Romero's
proposed hourly rate is $35.00 per hour whieh is very reasonable as compared to other
consulting and personnel firms. Attached you will find for your review a Professional
Services Contract for Anthony Romero as well as two quotes from personnel firms
already on contract with the City.
FISCAL IMP ACT
The fiscal impact for the anticipated remaining eight (8) months of service at three (3)
days per week is $26,880.00. This cost would come out of un allocated funds as it was
not budgeted in the current fiseal year budget.
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to sign a new
professional services contract with Anthony Romero to provide hourly services as a Code
Enforcement Supervisor for the City.
I)REP ARED BY:
APPROVED FOR
AGENDA LISTING BY:
ATTACHMENTS
Exhibit "A"
Infonnal quotes for Code Enforcement personnel from
Willdan, Harris and Associates.
II
AG EN 0;1. ITEM r~o. ."'t
PAGE..J:':::,,-o;'i}-'
-- ~---
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement") is made and entered into as of
the __ day of ,200_, by and between the City of Lake Elsinore, a municipal
corporation ("City") and Anthony Romero ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional consulting services and related work
as set forth in this Agreement.
AGREEMENT
I. Scope of Services. Consultant shall perform the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction ofthe City through its
staffthat it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of one (I) year.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $27,000.00 without additional
authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of
defects, even if such defects were known to the City at the time of payment.
4. Method ofPavment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
serviccs performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbtU'sable expenditures.
5. ];;xtIa Work. At any time during the term of this Agreement, City may request that
Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined
by City to be necessary for the proper completion of the Project, but which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not
perform, nor be compensated for, Extra Work without written authorization ITom City. Extra work
will be invoiced separately from services performed in accordance with the Scope of Services
6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
AGENDA ITEM NO.
PACE J
'-\
.OF 17
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal documents, shall become the property of the City
upon payment to Consultant for such work, and the City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City npon written request. City acknowledges that any use of such materials in a manner
beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further
agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees
and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expenses in connection therein), arising out of the City'll use
of such materials in a manner beyond the intended purpose as set forth herein.
a. Licensing of Intellectual Propertv. This Agreement creates a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and
other documents or works of authorship fixed in any tangible medium of expression, including but
not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require that all subcontractors agree in writing that City is granted a
nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any and
all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant or provided
to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at
any time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
b. Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other Documents &
Data either created by or provided to Consultant in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agreement. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs relating to project for which Consultant's services arc rendered, or any publicity
pertaining to the Consultant's services under this Agreement in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent
of City.
2
ACE""" "'1-"" i I
blUr'.,H:..". \..', "i
PAC~.... ...____OF I -;
8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period requircd by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agrecment for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above-named officers, require that custody of the records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hcrcbyexpressly waives any claim it may
have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be allccted in any
manner or degree by the performance of Consultant's services hereunder. Consultant furlher
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control and direction of the City
or of any City official, other than normal agreement monitoring; and
3
AGENDA Illii. :,(.. '-t
PACE :)' QF I '7
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
II. Professional Ability of Consultant. City has relied upon the professional training and ability
of Consultant to perform the services hereunder as a material inducement to enter into this
Agreement. Consultant shall therefore provide properly skilled professional and technical personnel
to perform all services under this Agreement. All work performed by Consultant under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant
to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any
licenses, permits, insurance and approvals which are legally required of Consultant to practice its
profession.
14. Indemnity. Consultant agrees to defend, indemnifY and hold harmless the City, its officers,
officials, agents, employees and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out of the sole
negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any notice of cancellation or
non-renewal of all Workers' Compensation policies must be received by the City at
least thirty (30) days prior to such change, ten (10) days notice if cancellation is due
to nonpayment of premium. The insurer shall agree to waive all rights of subrogation
against City, its officers, agents, employees and volunteers for losses arising from
work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general
liability insW'ance in an amount not less than one million dollars ($1,000,000)
per
4
AGENDA ITEM NO. 2.__
PAcE...1.L.......Or. ~/ 7
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit.
111. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the
Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an
amount of not less than five hundred thousand dollars ($500,000) combined single
limit for each occurrence.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Bestl6 rating of no less than A:VII and shall be endorsed with the
following specific language:
i The City, its elected or appointed officers, officials, employees, agents and
voltmteers are to be covered as additional insureds with respect to liability arising out
of work performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
111. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits ofliability
of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions ofthe policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, employees,
agents, or volunteers.
vi. The insurance provided by this Policy shall not be canceled except after thirty
(30) days written notice, ten (10) days notice if cancellation is due to nonpayment of
premium has been mailed to the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insurcd retentions
must be declared to and approved by the City. At the City's option, Consultant shall demonstrate
financial capability for payment of such deductibles or self-insured retentions.
5
AGENDA IrEi't!'JO.__l( __
PAOC.1_0F / 'I
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of perfonnance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during
the tenn of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any sueh 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 Strect
Lake Elsinore, CA 92530
If to Consultant:
Anthony Romero
33225 Mandaville Way
Lakc Elsinore, CA 92530
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to fonn by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City
for entering into this Agreement is the professional reputation, experience and competence of
Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations
of the Consultant under this Agreement will be permitted only with the express consent of the City.
Consultant shall not s\lbcontract any portion of the work to be performed under this Agreement
except as providcd in Exhibit D without the written authorization of the City. If City consents to
such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to pay 01' to see to the
payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver ofa breach or default under this Agreement shall not constitute a continuing
waivcl' of a subsequent breach of the same or any other provision under this Agreement.
21. Scverability. If any tcnn 01' portion of this Agreement is held to be invalid, illegal, 01'
othcrwisc unenforceable by a court of competcnt jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
6
ACENiiA ITiM l\jO.
PACE 'R
q
OF 17
22. Controlling l,.aw Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Liti ation Ex enses a d Attorne s' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reason ble litigation expenses, including court costs, cxpert witness fees,
discovery expenses, and attol'l/eys' fees.
,
I
24. Medi.ltion. The partielagree to make a good faith attempt to resolve any disputes arising out
of this Agreement through m diation prior to commencing litigation. The parties shall mutually
agree upon the mediator and s are the costs of mediation equally. If the parties are unable to agree
upon a mediator, the dispute shall be submitted to JAMSIENDISPUTE ("JAMS") or its successor in
interest. JAMS shall provide the parties with the names offive qualified mediators. Each party shall
have the option to strike two ohhe five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. Ifthe dispute remains unresolved after mediation, either party may
commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its
business and to execute, deliver, and perform the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and to bind each respective party.
27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement. Fwther, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making ofthis Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present or anticipated material benefit arising therefrom.
28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
7
AOENDA ITE~o._.:::1
PAOE OF I ?
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date
first written above,
CITY OF LAKE ELSINORE:
A nEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
8
AC'", " (,I
.~''''h~i _.'.', ....., .
PAGE, /0 -OF :1'(
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers.. Compensation Insurance
Exhibit D - List of Subcontractors
AGEii-.i;..I.....,I..';, Ll
PAceL_or .11-....
EXHIlilI't "A"
SCOPE OF SERVICES
· Make recommendations to the Building Official on how to
improve productivity within the Code Enforcement Division
· Review current Code ~nfor~ement complaint, inspection,
enforcement procedures, priority levels and activity
tracking procedures
· Develop a poli.cy and procedure manual for Code Erfforcement
to maximize productivity
· Review City ordinances related to Code Enforcement
activities and make recommendations for amendments if needed
· Monitor, for timely submittal, ~arterly Abandoned Vehicle
Abatement(AVA)Quarterly report, Division Activity Reports,
Code Enforcement CDBG reports, parking enforcement activity
reports, nuisance abatement cost recovery reports, and
abatement liens for nuisance abatement and substandard
building abatements
· Observe Code Enforcement staff work habits and make
recommendations to the Building Official for improved
productivity
. ,'. " . ,.' ,.,. i ~
hVCI\lLih i; ;",011 NJ.. '--
PACE Y _OF-L.1._
. EXHIBIT "B"
SCHEDULE OF CHARGES
Perfonn work as described in the Scope 6fServices.at therateof'$35.00 per hour.
ACENDA ITEM NO.
PACe IJ
L\
OF 17
EXHIBIT "C".
CERTIFICATE OF EXEMPTION FROM WORKERS. COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California
Executed on this 18th
California.
06 at Lake Elsinore,
ACENOA IT:JLM N. 1-\
PAC~ / '--OF-';=r-
EXHIBIT "I)"
LIST OF SUBCONTRACTORS
[INSERT]
None
ACiENPA ITEM ~IO.
"ACE 15-
l\
OF _/7
Page ] of I
Dana Porche
From: Estelle Childers [EChilders@WILLDAN.com]
Sent: Monday, September 18, 2006 3:57 PM
To: Dana Porche
Cc: Ron Espalin; Jim Barrell
Subject: RE: Quote for hourly rate Code Enforcement
Dear Dana,
Willdan would be happy to service the City of Lake Elsinore with a Code Enforcement Ollicer. The
hourly time and material rate would be $65.
Please let me know if you need any additional information.
Sincerely,
&,teeee ~
Willdan
Administration Manager
909.386.0201
echilders@willdan.com
..'-----,.._-_...~,~_...._-.._~._------_._----_._._---------..--...-------.---.--.----..--..--- ------_._._..~--_.
From: Dana Porche [mallto:dporche@Lake-Elslnore,orgj
Sent: Monday, September 18, 20063:19 PM
To: Estelle Childers
Subject: Quote for hourly rate Code Enforcement
Hello Estelle;
The City of Lake Elsinore is requesting an hourly quote from your company for a Code Enforcement Personnel
(Officer). If you could send this to me, I would really appreciate it.
Thanks for your helpl
VCM'\.WC. pon:)wJ
()~SP~
CUy of L~ E4UwvEV
(951) 67'1--312'1- ~ 296
(951) 'l-71-1Lf19 FAX
9/25/2006
AGENOA ITEM NO.~
PACE / {p OF I
-. -- .-
Page 1 of]
Dana Porche
From: Dennis Anderson [danderson@harris-assoc.com]
Sent: Tuesday, September 19, 2006 2:17 PM
To: Dana Porche
Cc: ggriffith@harris-assoc.com; jcooper@harris-assoc.com
Subject: RE: H
Dana,
I talked with our Building & Safety Services Manager regarding Code Enforcement Personnel. We would charge
an hourly rate of $90-$105 per hour for these services. As we discussed on the telephone, we would need a
commitment for a long-term position (minimum of 1 year) in order to provide these services.
Please let me know if you have any questions.
Thanks.
Dennis A. Anderson
Senior Project Manager
Associate
Harris & Associates
800.827.4901 ext. 334
From: Dana Porche [mailto:dporche@Lake-Elsinore.org]
Sent: Tuesday, September 19, 2006 10:24 AM
To: danderson@harrls-assoc.com
Subject: H
The City of Lake Elsinore is currently obtaining quotes for a Code Enforcement Personnel. Your company was
suggested to me by the City's Building Official Robin Chipman, who has spoken with you in the past on other
services. If you could please provide me a quote for the Code Enforcement Personnel at the hourly rate, I would
really appreciate it.
Sincerely,
VCM'UM C. PorCheJ
()ffi.ce-sp~
Ct.ty of L(,'{.k.e/f~('l
(951) 674-3124 e1d: 296
(951) 4-71-14-19 fAX
9/19/2006
AGENDA ITEM.~IO.~
PACE (7 OF n
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
I'ROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 24, 2006
SUBJECT:
CONSTRUCTION CONTRACT A WARD FOR "CITY
PARK" RESTAURANT/RESTROOM BUILDING
BACKGROUND
Constructed by community volunteers in the early 1970s, "City Park" is one of the
oldest facilities in the City of Lake Elsinore. While the park retains the charm and
simplicity ono years ago, it is out of compliance with the Americans with Disabilities
Act (ADA). Further, although "City Park" is currently less than one acre in size, there
is availability to expand into the undeveloped City property around the existing
facility.
There is an existing restaurant on site comprised of a kitchen and outdoor seating. The
proposed improvements will add 670 square fcct of storage and restroom facilities to
the existing structure and wi1l comply with ADA requirements. In addition, the
property surrounding thesc structures will be landscaped.
DISCUSSION
On October 11, 2006 (10:00 a.m.) the City received fivc (5) bids from qualified
contractors to constmctthe improvements per approved plans for "City Park". The bids
were as follows:
I. 4-Con Engineering, Inc.
2. Delt Builders
3. Maccrich Construction, Inc.
4. General Consolidated Constructors, Inc.
5. Temecula Valley Restoration
$496,032
$525,290
$549,000
$563,090
$594,841
''-'1'"'''' l'j" 'N" \
"""c..""'Nt t::1.I. .\.~",.....~"""..~,,,.
PAQE_!..._~ OF__~_____,
REPORT TO CITY COUNCIL
OCTOBER 24, 2006
PAGE 2
The Engineer's estimate for this project is: $50 1,000
Ii'ISCAL IMPACT
Total project cost, including preparation of plans, specifications, construction,
construction contingencies, administration, material testing and inspection, is
$615,000.00.
Funding for this project is a combination of the following:
· $209,921 from the City's allocation for the California Clean Water, Clean
Air, Safe Neighborhood Parks and Coastal Protection Act 01'2002
· $84,079 from the Roberti-Z'Berg-Harris Block Grant Program
· $321,000 from the Park CIP fund.
RECOMMENDA nON
It is staff's recommendation that the City Council:
1. ^ ward the City Park RestaurantIRestroom Building to 4-Con Engineering, Inc.
for $496,032.
2. Transfer $321,000 from Park CIP Fund to City Park Restaurant/Restroom
Building Project.
3. Authorize the Mayor to execute the contract with 4-Con Engineering, Inc.
PREPARE I> BY: KEN SElIMALO, CITYENGINEER!<,I:
AI>PROVED FOR
AGENI>A ny:
Attachment: Vicinity map
,,,,""r}.' I....'. "D" C
I')\.,.:r..;,,;~. I" j r;.i;ji t~! . ..~,.,I....,~".,~....
~tAaE "2:.,., Of' --'Z.","_
.
CITY PARK RESTROOM AND CONCESSION CONSTRUCTION PROJECT
+.
.
City Of lake Elsinore
130 S. Main St
Lake Elsinore. CA 92530
(951) 874-3124
www.lake-eIsinore.org
PROJECT 10 NUMBER: PRK-0001
PROJECT NUMBER:
-."
....-....
--
o..~:
--.....
Cl(vorLlb~Qj4
--
15
P.GIJ<iDi\ lIt-2M NO.".._
'~. ""."",,"3 Of' g
"""nlt;j;,!,:;~ ~~
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
SUBJECT:
OCTOBER 24, 2006
SUPPLEMENTAL LAW ENFORCEMENT
SERVICE FUND (SLESF) EXPENDITURE PLAN
BACKGROUND:
The City has been receiving funding from the SLESF since Fiscal Year
1998/1999. On April, 2002, Senate Bill 823 amended the Government Code
Section 30061 and 30063 to require that "the City Council shall appropriate
existing and anticipated monies exclusively to fund frontline municipal
police services, in accordance with written requests submitted by the Chief
of Police of that City or the Chief Administrator of the Law Enforcement
Agency that provides police services for that City".
DISCUSSION
The appropriate forms have been completed as required by the Riverside
County Sheriff. These forms are submitted for the City Council's approval.
FISCAL IMPACT
No Fiscal Impact on the City of Lake Elsinore.
AGENDA ITEM NO. ,
PAGE_(_OF._~ __
REPORT TO CITY COUNCIL
OCTOBER 24, 2006
PAGE 2
RECOMMENDATION
Staff recommends that the City Council approve the attached Supplemental
Law Enforcement Services Fund Expenditure Plan for 2006 - 2007 and
authorize staff to submit said information to the Riverside County Sheriff's
Department Grants Unit as required.
PREPARED BY:
~/l!taJ/-
DIANE BLOCK
SR. HUMAN RESOURCE ANALYST
REVIEWED BY:
MATT N. PRESS
DIRECTOR OF DMINISTRATIVE SERVICES
APPROVED FOR
AGENDA BY:
AGENDA ITEM NO. ~
PAGE ;;<. Of 0/
~
LAK-E 6LSiNOR[:
\ I
V DREAM E;(TREME
MEMORANDUM
Date: October 10, 2006
From: Louis Fetherolf,
Chief of Police
To: Bob Brady,
City Manager
b.
Gang enforcemen .
to
Traffic enforceme~t.
ng ront me
. previo\ls yea~s,\\,eh~ve '
ent and s)l~cill.lprograrnsof
" n fiscll,ly~l1j-2005/2006 the funds
Enf,?~\lellleiit Program, other speciai
with,i9.th,llcity, and to purchase new body
ment':;' .....
Subject: Supplemental Law Enforcement Services Fund (SLESF) 2006/
.,
Each year, the State SLESF provides funding for the p
enforcement services in jurisdictions throughout C '
used the money to fund personnel, much nee .
benefit to our citizen's and our business co
were used to help offset the cost of our
enforcement programs targeting proble
wire and related recording/surveillance
I propose this year's funding be use
e following manner:
I.
$50,000 - Salary and Ben
s utili~dto fund th~foll()~\lg:~jJ~llll programs:
,':,-',
1.,-.>;;-;
'k"-j
d.
c.
e.
951.674.3124
130 S. MAIN STREET
LAKE ELSINORE. CA 92530
WWW.LAKE~EtSINORE.OR.G
AOENDA ITEM NO.
PACE :3
~
Of' ij
2. $50,000 - Equipment to enhance lake operations and special enforcement
programs, traffic enforcement, teams and staff to combat prostitution, gangs,
drugs, and other criminal enterprises that affect the quality of life in our
community. The equipment will include, but not be limited to:
a. Radar/LIDAR speed measuring equipment.
b. Digital audio/visual recording devices.
d. Tactical equipment.
e. Marine equipment.
f. Miscellaneous traffic enforcement equipment.
g. Miscellaneous support equipment.
Inasmuch as the State requires the City council to approve the spending plan, I request
this be placed on the City Council agenda for the October 24th meeting.
CC: Matt Pressey,
Administrative Services Director
AGENDA ITEM NO.
PAGE <{
&
,
01' q
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 24, 2006
SUBJECT:
RESOLUTION OF INTENTION TO ANNEX PROPERTY
INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC
SERVICES) AND TO AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN ANNEXATION AREA NO. 21
(RIVERLAKE VILLAS)
BACKGROUND
On August 12,2003 the City Council approved Resolution 2003-37 establishing
Community Facilities District No. 2003-1 (Law Enforcement, Fire, and Paramedic
Services). The district levies a special tax for public safety costs above what
already exist in the district. The City is requiring undeveloped parcels within the
City that are developed with four or more residential dwelling units to be annexed
into the service district.
As a condition of approval, the City has required the project located on APN 379-
315-033, also known as Riverlake Villas, to be annexed into the Community
Facilities District No. 2003-1.
DISCUSSION
A special tax will be levied in the amount of$159.18 per multi-family dwelling
unit for fiscal year 2006-07. The amount of the special tax assessment maximum
increases two percent annually.
The Riverlake Villas project will add 51 attached multi-family dwelling units to
the existing district boundary and generate about $8,118.18 annually once all the
homes are built. The map of the proposed boundary is attached.
fI._r~-!f<',r.t,},:: ,'''_''''\".:_ ~ ~1'_'" /
~~ ~"'J~' I (,..~1 ';;OiJ.---'_
f'P<Cfl / Of -Ir
REPORT TO THE CITY COUNCIL
OCTOBER 24, 2006
PAGE 2
FISCAL IMP ACT
The cost oflaw enforcement and fire services is approximately $750 per single-
family dwelling unit. For each dwelling unit, only about $100 to $150 of property
tax dollars will be generated. Property tax and other revenues that will be
generated from the residents are not sufficient to fund the cost of public safety
services and therefore the CFD 2003-1 special tax levy of$159.18 will assist the
funding of the increased public safety service where the property tax is deficient.
PROCESS
The annexation into the district requires a specific process as outlined in the
attached resolution. The City Council will need to hold a public hearing on the
annexation into CFD 2003-1 and the participating property owner will have the
opportunity to vote. The public hearing can be scheduled for November 28, 2006.
RECOMMENDATION
It is recommended that City Council:
I. Adopt the resolution of intention to Annex Property from Annexation Area
No. 21 (Riverlake Villas) into the CFD 2003-1
2. Schedule the public hearing on Annexation Area No. 21 (Riverlake Villas)
for November 28, 2006
PREP ARED BY:
?
MATT N. PRESSEY
DIRECTOR OF ADM ISTRATIVE SER VICES
APPROVED FOR
AGENDA BY:
PAGE
<:< QI"" 7t!~~,
A0t:,,_.
PROPOSED BOUNDARY OF
ANNEXA TION NO. 21 TO
COMMUNITY FACILITIES DISTRICT No. 2003-1
OF THE CITY OF LAKE ELSINORE
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
f
5CAU:,,".!IO'
.l ~ IUDIJIH_tlTllralYCUlWtlJllECTYtll>>IEn.sJ\IOIIi:fNlS-----PAYrI-----2OOI.
QlYaDlKOf'll!(aTYQI'l,.AI((lI._
IHillE8YtulJFYfHATlHE__IlU_lHEI'IIOI"05fDlllUIDAIlIDtllHIfXAnllrlllO.II lOt:OlAAHTT
~~ClT'I'~NO.or~lm~~~T~"~~~,'L~
1HE_DA.YfII"_2OOII.lI'l'IlSADCl.IIllQfIf..__
",rT~~I"IIoI"II"LAKllL.>>MllR
1'UD__Cl.yt1T~_. AT'ltCItO(,I\'(tf_O'(Ula(...M.tIl~OI'IW"
:~~'~.:,~w~.r~lr--.~~HO..--
IXlLWn...............II'IJC~ITII"~
m,--
1VUIP'IIlClle"~ClllIHTI'.IICIIllR'I_.I'tI!I"IltTAUIlllDCllPnON(I~AlIQIl.lJIICIIAHIIglIIDIM:WS
PROPOSED BOUNDARY MAP
....,.,""
,,-
m=~
UIlAllllsa:"SSOCI,I,Tn
J'f___I5t
.. i:i:'='.FIll~II"ltlS
~U-JI'..lltc>
CIIIIUIl1UliI,1 ,aemu.. ~ I'll>. 8001-1
.r tbo O1V..flol.k, IlQa",
(Lt.. W--..i, fire -.I P"~C1 S,nIcl..)
c_t.J of RmntU. C&litora1a
... I or I
""""
-
!\OENOAITEM NO._~.
PAGE g ~F-LL-
RESOLUTION NO. 2006-1]1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, TO ANNEX PROPERTY
INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX
WITHIN ANNEXATION AREA NO. 21 (RIVERLAKE
VILLAS)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinore
(the "City") has established 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,
commencing with Section 53311 of the Government Code of the State of
California (the "Act"); and
WHEREAS, the District will finance law enforcement, fire and paramedic
services that are in addition to those provided in the territory within the District
prior to the formation of the District and do not supplant services already available
within the territory proposed to be included in the District through the formation of
the District 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 District; and
WHEREAS, the Council has provided for the annexation in the future of
territory (the "Future Annexation Area") to the District pursuant to the terms and
provisions of the Act; and
WHEREAS, the City has received a Consent and Waiver from Riverlake
Villas Partners, L.P. requesting annexation of property owned by Riverlake Villas
Partners, L.P., which constitutes a portion of the Future Annexation Area, into the
District.
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 annexation of Annexation Area No. 21 (Riverlake Villas) ("Annexation Area
No. 21") into the District under the terms of the Act. The exterior boundaries of
the area to be annexed (Annexation Area No. 21) are hereby specified and
described to be as shown on that certain map now on file in the office of the City
Clerk entitled "Proposed Boundaries, City of Lake Elsinore, Community Facilities
AGENDA ITEM NO.. 2-
PAGE~:..JL
CITY COUNCIL RESOLUTION NO. 2006-
Page 2 of 5 -
District No. 2003-1 (Law Enforcement, Fire and Paramedic Services), Annexation
Area No. 21 (Riverlake Villas)," which map indicates by a boundary line the extent
of the territory included in Annexation Area No. 21 and shall govern for all details
as to the extent of Annexation Area No.2!.
SECTION 2. The map showing Annexation Area No. 21, which area is to
be subject to a special tax to be levied, is hereby approved and adopted. On the
original and one copy of the map of such Annexation Area No. 21 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 his 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 3. The name of the proposed annexation area shall be "City of
Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire
and Paramedic Services), Annexation Area No. 21 (Riverlake Villas)."
SECTION 4. Except where funds are otherwise available, it is the intention
of the City Council to levy annually in accordance with procedures contained in
the Act a special tax (the "Special Tax") sufficient to finance law enforcement, fire
and paramedic services that are in addition to those provided in the territory within
Annexation Area No. 21 prior to the annexation of Annexation Area No. 21 into
the District and do not supplant services already available within the territory
proposed to be included in the District, the costs of administering the levy and
collection of the Special Tax and all other costs of the levy of the Special Tax,
including any foreclosure proceedings, legal, fiscal, and financial consultant fees,
election costs, and all other administrative costs of the tax levy. The Special Tax
will be secured by recordation of a continuing lien against all non-exempt real
property in the proposed Annexation Area No.2!. 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 annexation of Annexation Area No. 21 will not result in any change to the
special tax rates levied in the District prior to such annexation.
The Special Tax is apportioned to each parcel on the foregoing basis
pursuant to Section 53325.3 of the Act and such Special Tax is not on or based
upon the ownership of real property.
The maximum Special Tax applicable to a parcel to be used for private
residential purposes, as set forth in Exhibit A, is specified as a dollar amount which
~OENDA ITEM NO. 7
PACE 5" OF: II
1
I
CITY COUNCIL RESOLUTION NO. 2006-
Page 3 of5 -
I
I
,
II
I:
Ii
shall be calculated and established not later than the date on which the parcel is first
subject to tax because of its use for private residential purposes, and such amount
shall not be increased over time by an amount in excess of 2 percent per year.
Under no circumstances will the Special Tax to be 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 proposed Annexation Area
No. 21 by more than 10 percent. As specified by the Act, for purposes of this
paragraph, a parcel shall be considered "used for private residential purposes" not
later than the date on which an occupancy permit for private residential use is issued.
SECTION 5. A publie hearing (the "Hearing") on the annexation of
Annexation Area No. 21 and the proposed rate and method of apportionment of the
Special Tax shall be held on November 28, 2006, at 7:00 o'clock p.m., or as soon
thereafter as practicable, at the chambers of the City Council of the City of Lake
Elsinore, 183 North Main Street, Lake Elsinore, California 92530.
SECTION 6. At the time and place set forth above for the hearing, any
interested person, including all persons owning lands or registered to vote within
the proposed Annexation Area No. 21, may appear and be heard.
SECTION 7. Each City officer who is or will be responsible for the District,
ifit is established, is hereby directed to study the proposed Annexation Area No. 21
and, at or before the time of the above-mentioned Hearing, file a report with the City
Council, which is to be made a part of the record of the Hearing, containing a brief
description of Annexation Area No. 21 and his or her estimate of the cost of
providing additional law enforcement, fire and paramedic services within the
boundary of Annexation Area No. 21. The City Manager is directed to estimate the
fair and reasonable cost of all incidental expenses, including all costs associated with
the annexation of Annexation Area No. 21, 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 District.
SECTION 8. 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
annexing the proposed Annexation Area No. 21. 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 Special Tax, if the
proposal to levy such tax should fail, and to repay all of such funds advanced if the
AGENDA ITEM NO.
PACE ~
J
OF 1/
CITY COUNCIL RESOLUTION NO. 2006-
Page 4 of5
levy of the Special Tax shaIl be approved by the qualified electors of Annexation
Area No. 21.
SECTION 9. The City Clerk is hereby directed to publish a notice
("Notice") of the Hearing pursuant to Section 606 I of the Government Code in a
newspaper of general circulation published in the area of the proposed Annexation
Area No.2 I. Such Notice shaIl contain the text of this Resolution, state the time
and place of the Hearing, a statement that the testimony of all interested persons or
taxpayers will be heard, a description of the protest rights of the registered voters
and landowners in the proposed Annexation Area No. 21 as provided in Section
5339.5 of the Act and a description of the proposed voting procedure for the
election required by the Act. Such publication shaIl be completed at least 7 days
prior to the date of the Hearing.
SECTION 10. The voting procedure with respect to the establishment of
the District and the imposition of the special tax shaIl be by mailed baIlot election.
SECTION 11. This Resolution shaIl take effect,from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOPTED this 24th day of October, 2006,
by the following vote.
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
rr.F.NDA ITEM NO.
PACE 7
0/ II
-
CITY COUNCIL RESOLUTION NO. 2006-
Page 5 of5
ATTEST:
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
AOENDAiTEMNO.___~.
PAGE 8"'~
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
,(VJENDA ITEM NO. f
PAccLOF_./J
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Introduction
Special taxes shall be annually levied on all Developed Residential Property
and Developed Multi-Family Property (as hereinafter defined) in the City of Lake
Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and
Paramedic Services) (the "District"), in accordance with the rate and method of
apportionment of special taxes hereinafter set forth. All of the property within the
District that is not Developed Residential or Developed Multi-Family Residential
Property shall be exempt from the Maximum Annual Special Taxes of the District.
Definitions
Assessor's Parcel. A parcel of land in the District designated and assigned a
discrete identifying number on a map of the County Assessor. of the County of
Riverside.
City, City of Lake Elsinore, California.
Developed Multi-F'amily Property, Assessor's Parcels in the District for
which a building permit has been issued by the City on or prior to March I
preceding the Fiscal Year for the construction of a Unit that is located or shall be
located within a building in which each individual Units has or shall have at least
one common wall with another Unit.
Developed Residential Property, All other Assessor's Parcels in the District
for which a building permit has been issued by the City on or prior to March I
preceding any Fiscal Year for the construction of a Unit that is not Developed
Multi-family Property.
Fiscal Year, The period beginning on July I and ending on the following
June 30.
ACENDA ITEM NO. 7
PAGE /0 OF II
Maximum Annual Special Taxes. The maximum annual special taxes levied
within the District for any Fiscal Year.
Unit. Each separate residential dwelling unit, which comprises an
independent facility capable of conveyance or use separate from adjacent dwelling
units.
Rate and Method of Apportionment of Maximum Annual Special Taxes
As of July I of each Fiscal Year, commencing July 1,2003, the City shall
determine which of the Assessor's Parcels within the District constitute Developed
Residential Property or Developed Multi-Family Property. Beginning in Fiscal
Year 2003-04, and all subsequent Fiscal Years, the City shall levy the Maximum
Annual Special Taxes on each Assessor's Parcel of Developed Residential
Property in the amount of $300 and on each Assessor's Parcel of Developed Multi-
Family Property in the amount of $150 per Unit. The amount of Maximum Annual
Special Taxes shall be increased annually by 2%, commencing in Fiscal Year
2004-05, and each Fiscal Year thereafter.
Duration of the Maximum Annual Special Taxes
The Maximum Annual Special Taxes shall be levied in perpetuity so long as
Law Enforcement, Fire and Paramedic Services are being provided within the
District.
The Maximum Annual Special Taxes levied in each Fiscal Year shall be
collected in the same manner as ordinary ad valorem property taxes are collected
and shall be subject to the same penalties and the same procedure, sale, and lien
priority in case of delinquency as is provided for ad valorem taxes. The Maximum
Annual Special taxes when levied shall be secured by the lien imposed pursuant to
Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing
lien and shall secure each levy of Maximum Annual Special Taxes. The lien of
Maximum Annual Special Taxes shall continue in force and effect until the Special
Tax ceases to be levied in the manner provided by Section 53330.5 of the
Government Code.
AGENDA ITEM NO._ 7 71.
PAGE / / OF
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: ROBERT A. BRADY, CITY MANAGER
DATE: OCTOBER 24, 2006
SUBJECT: APPROVE A DEPOSIT AND REIMBURSEMENT
AGREEMENT, RESOLUTION OF INTENTION TO
ESTABLISH COMMUNITY FACILITIES DISTRICT NO.
2006-10 (RIVERLAKE VILI~AS) AND RESOLUTION OF
INTENTION TO INCUR BONDED INDEBTEDNESS
BACKGROUND
Riverlake Villas Partners, L.P. (the "Developer") submitted an application
(including a finance plan) for the establishment of a Conununity Facilities District
for their development, "Riverlake Villas", located on Riverside Drive near
Eisenhower Drive. ..
DISCUSSION
The Developer plans to develop 51 multi-family residential units (the "Project").
Deposit and Reimbursement Agreement
According to the City's policy on forming CFD's and according to the Mello-Roos
Community Facilities Act of 1982, the City Council may approve an agreement to
receive a deposit for the cost incurred by the City in creating the CFD and issuing
special tax bonds. The developer has submitted a d.,'posit of$65,000 per the
agreement
Special Tax
The average residential special tax is estimated at $3,143. The annual CFD Special
Taxes, when combined with all other property taxes applicable to the Project, have
been established so as not to exceed 1.98% of the anticipated residential home prices
within the project, which is within the 2% CitX CFD guidelines. The 2% maximum
tax rate includes estimates for the City development impact fees ("City Fees"),
"
EVMWD sewer, water and irrigation capacity fees ("EVMWD Fees") and, if
ACENOA ITEM 1110._ IJ
PACE J ~
REPORT TO CITY COUNCIL
OCTOBER 24, 2006
PAGE 2
sufficient bonding capacity is available, City improvements (collectively, "City
Facilities") and EVMWD improvements (collectively, "EVMWD Facilities").
The Mello-Roos Community Facilities Act of 1982 ("the Mello-Roos Act") was
specifically drafted to assist agencies with the impacts of new developments. In
addition to providing a mechanism to fund the construction of public infrastructure,
the Mello-Roos Act allows an agency to fund the incremental increase in cost of
services due to the new development.
Bond Issue
In order to finance the facilities it is necessary to incur bonded indebtedness. The
not to exceed amount is $2,500,000. The bond issue is expected to be
approximately $1.8 million.
Parks, Open Space and Storm Drains Operation and Maintenance
Built into the rate and method of apportionment (RMA) is a special tax to cover a
portion of the increased cost of maintaining parks, open space and storm drains as a
result of the new development.
The Mello-Roos Community Facilities Act of 1982 ("the Mello-Roos Act") was
specifically drafted to assist agencies with the impacts of new developments. In
addition to providing a mechanism to fund the construction of public infrastructure,
the Mello-Roos Act allows an agency to fund the incremental increase in cost of
services due to the new development. These serVices include police, fire (including
paramedic), maintenance of parks, open space and storm drains.
A park, open space and storm drain maintenance component of the RMA is
proposed and is being recommended for all new facilities CFD's as a part of the
RMA. As presented on page 15 of the RMA, residential property will be assessed
$246.84 per single family unit and $123.42 per multifamily unit for FY 2006-07.
FISCAL IMPACT
Annual administrative expenses may be funded through bond fund earnings and the
special annual tax levy.
AClENDA ITEM NO.
PACE .:<
o
C,)
OF ~()
REPORT TO CITY COUNCIL
OCTOBER 24, 2006
PAGE 3
Repayment of the bonds is secured by the special taxes levied on all property within
the district, other than those properties that are exempt as provided in the respective
rate and method of apportionment.
RECOMMENDATION
The following is recommended to the City Council:
1. Approve a Deposit and Reimbursement Agreement
2. Adopt Resolution of Intention No. 2006 - II?: to establish Community
Facilities District No. 2006-10 (Riverlake Villas) and calling a Public Hearing
for November 28, 2006
3. Adopt Resolution ofIntention No. 2006- /7'7 to incur bonded
indebtedness with proposed CFD No. 2006-10 (Riverlake Villas)
PREPARED BY:
,/',,/
~y~~-
MATT N. PRESSEY
DIRECTOR OF ADMIN TRATIVE SERVICES
APPROVED FOR
AGENDA BY:
,~'.
.'\(il'NOA ITEM NO. r=)
PACiIL.3 OF .Lj{)
PROPOSED BOUNDARY OF
COMMUNITY FACILITIES DISTRICT No. 2006-10
OF THE CITY OF LAKE ELSINORE
(RIVERLAKE VILLAS)
COUNTY OF RIVERSIDE. STATE OF CALIFORNIA
~
SCIILEil""OO'
l
~ rutllll HOfflGlWlIu;alYtulllI orfHtCf/YOfl.AAlr~JI/l$----PA'YW-----"lOOf.
erTYamKOI'TICQTYOI'lAKCn>>HClll[
JIltMll'Yelll1l"l'TllA1M"1IIII~9lll_"","_lIOOHCARlESWCOlNl.tlm"'.utuTlROlS'1JIa
lIlI.lICIl>>-lO(l'lMl'l.NU:w.us).Cf/YOfft),lC!lI.SINOIlt.llOO.IITYor~ST"lI:llFCAl.FI,JlNAl'jol5"
J1'f'fIINfDDY1lItaIVCClI.tlC1lI.0fIflr(ll"'WI.MCEQ.BIIIlA:I"'JAM:CIUIll.YICHmLUllII~~,
~r Ilall al Jl/C .._n__ o.\Y or _---:;,. ZOOI. If( 11ll1WlllU/1C1'l u... -.i
OIYCLHtlIllf lllLafYllf l""'f!l.l5lNClft
~~-r.v:~~~~~f1F_O~~~
"TI1fQ'(l<<QFll1t(:QI,INO'~JrjJmotl.'lTYQ'~CAU'IIIlNI.'.
ca.mTY
orJtl[OOUNTYOI''''~(If.
m:1"._"
~ll€ft\f1lMlllCOUHlYAS$t$S(fl'$lW'IMAClETAI.Sl~t:t;PAACQ.Ui'ltSNfODlllENS1CN5
VlOlMln'\lM>
""""
PROPOSED SOUNDARY MAP
QlJTlOCTIICU(lI.II'
IIII!IIIlARJllSolASSOCIAol!S
__~E<M"''''''SOI.\H
.. <=i' l~!.-:'::t.,~ (m) UIl~JoII
Co:lI:ImwIt~hQlUU..l)tllbiotlfo.llOO'-ID
.tth, ctt;p"otLalre!ltt1uml
(Rl...rlall:. vm...)
Counl.:1 or 1ltI'en1<le. CaUfonlll.
_Jar.
..--....-..-----
"",..
,-
r'~',\
AGENDA ITEM 1110,_ ;~) 76-
PAGE "f OF ~
DEPOSIT AND REIMBURSEMENT AGREEM~:NT
TIDS DEPOSIT AND REIMBURSEMENT AGREEMENT (lllis "Dcposit
Agreement"), dated as of October ~, 2006 for idfmtification purposcs only, is by and between
tbe City of Lake Elsinore, California (the "City") and RiverJake Villas Partners, L.P., a
California limited partnership, (fue "Owner").
RECITALS
WHEREAS, fuc City has determincd to initiatc procccdings to crcatc a
community facilitics district designatcd "City of Lake Elsinorc Community Facilities District
No. 2006-10 (Riverlake Villas) (fue "Community Facilities District") under fue Mello-Roos
Community Facilities Act of 1982, as amended (the "Act"); and
WHEREAS, Owner is tbe owner of the real property wifuin tbe proposed
Community Facilities District; and
WHEREAS, in accordance with City's policy regarding use of fue Act, the
Owner is required to compensate tbe City for all costs reasonably incurred in tbe formation of fue
Community Facilities District and issuance of bonds for the Community Facilities District; and
WHEREAS, Section 53314.9 oftbe Act provides that, at any time eifuer bcfore
or after fue formation of a community facilities district, fue legislative body may accept advances
of funds from any source, including, but not limited to, private persons or private entities and
may provide, by resolution, for fue use of fuose funds for any aufuorized purpose, including, but
not limited to, paying any cost incurred by fue local agency in creating a community facilities
district (including the issuance of bonds tbereby); and
WHEREAS, Section 53314.9 offue Act further providcs fuat tbe lcgislative body
may entcr into an agreemcnt, by resolution, witb tbe person or entity advancing the funds, to
repay all or a pOltion of ilie funds advanced, as detclmined by fue legislative body, willl or
wiiliout interest under all of tbe following conditions: (a) the proposal to repay ilie funds is
included in both ilie resolution of intention to establish a community facilities district adopted
pursuaut to Section 53521 of ilie Act and in thc rcsolution of formation to establish fuc
community facilities district pursuant to Section 53325.1 of the Act (including the issuance of
bonds fuereby), (b) any proposed special tax is approved by the qualified electors of fue
community facilities district pursuant to fue Act, and (c) any agreement shall specify fuat if the
qualified electors of ilie community facilities district do not approvc the proposed special tax, the
local agency shall return any funds which have not been committed for any authorized purposc
by tbe time of the election to the pcrson or entity advancing ilie funds; and
WHEREAS, ilic City and the Owner desire to enter into fuis Deposit Agreement
in accordance wifu Scction 53314.9 ofilie Act in order to provide for fue advancement of funds
by the Owner to be used to pay costs incurred in connection wifu ilie formation of ilie
Community Facilities District and issuance of special tax bonds for the Community Facilities
45739396.\
AGENDA ITEM No.8
'PACE 5" OF .If.()
District (the "Bonds"), and to provide for the reimbursement to the Owner of such funds
advanced, without interest, from the proceeds of the Bonds;
NOW, THEREFOHE, for and in consideration of the mutual promises and
covenants herein contained, the parties hereto agree as follows:
Section 1.
The Deposits and Application Thereof.
(a) The Owner has previously deposited with the City the amount of $65,000
(the "Initial Deposit"). The City, by its execution hereof, acknowledges receipt of; and accepts,
the Initial Deposit.
(b) City hereby agrees and Owner hereby acknowledges that Union Bank of
California, N.A. ("Union Bank") shall hold the Initial Deposit and any subsequent deposits
pursuant to (c) hereof as agent for the City. City shall, concurrently with the execution hereof;
deposit the Initial Deposit in an account ("Deposit Account") at Union Bank, 120 S. San Pedro
Street, 4th Floor, Los Angeles, California 90012. Upon its receipt of the Initi.al Deposit, Union
Bank shall be entitled to deduct therefrom its fee for holding and disbursing the Initial Deposit
and any subsequent deposits pursuant to the terms ofth,is Deposit Agreement.
(c) The Initial Deposit, together with any subsequent deposit required to be
made by the Owner pursuant to the terms hereof (collectively, the "Deposits"), are to be used to
pay for any costs incurred for any authorized purpose in connection with the formation of the
Community Facilities District and the issuance of the Bonds including, without limitation, (i) the
fees and expenses of any consultants to the City employed in connection with the formation of
the Community Facilities District and the issuance of the Bonds, including an engineer, special
tax consultant, financial advisor, bond counsel, disclosure counsel and issuer's co\msel, and any
other consultant reasonably deemed necessary or advisable by the City, (ii) the cost.~ of
appraisals, market absorption and/or feasibility studies and other reports reasonably deemed
necessary or advisable by the City in connection with the fonnation of the Community Facilities
District and issuance of the Bonds, (iii) the costs of publication of notices, preparation and
mailing of ballots and other costs related to any hearing, election or other action or proceeding
undertaken in connection with the formation of the Conllllunity Facilities District and issuance of
the Bonds, (iv) reasonable charges for City staff time incurred in connection with the formation
of the Community Facilities District and thc issuance of the Bonds by the Community Facilities
District, including a reasonable allocation of City overhead expense related thereto, and (v) any
and all other actual costs and expenses incurred by the City in connection with the formation of
the Community Facilities District and the issuance of the Bonds (collectively, the "Initial
Costs"). The City may draw upon the Deposits from time to time to pay the Initial Costs. Union
Bank shall have no duty or responsibility to confirm that amounts withdrawn at the direction of
the City have been or will be spent on Initial Costs.
(d) At such time the Owner requests the City to initiate proceedings to issue
Bonds, the Owner shall make an additional deposit in the amount determined by the City. It; at
any time, the unexpended and unencumbcred balance of the Deposits is less than $1000, the City
may request, in writing, that the Owner make an additional deposit in an amount estimated to be
sufficient, together with any such unexpended and unencumbered balance, to pay for all Initial
2
p
A()eN~:~~EM~. ~~ /ft> _~
Costs. The Owner shall make such additional deposit with thc City within two weeks of the
receipt by the Owner of the City's written request therefor. If the Owner fails to make any such
additional deposit within such two week period, the City may cease all work related to the
issuance ofthe Bonds.
(e) The Deposits shall be kept separately at Union Bank and shall be invested
in a money market fund selected by the City and the City shall at all times maintain records as to
the expenditure of the Deposits.
(f) The City shall draw upon the Deposits to pay thc Initial Costs by
presentation of a disbursement request (the "Request") to Union Bank in the form attached
hereto as Exhibit A and by this reference incorporated herein. The City shall cause Union Bank
to pay such Initial Costs pursuant to the Request.
(g) The City shall provide the Owner with a written monthly summary of
expenditures made from the Deposits, and the unexpended balance thereof, within ten business
days of receipt of the City of a written request therefor submitted by the Owner. The co~1 of
providing any such summary shall be charged to the Deposits.
Section 2. Return of Deposits; Reimbursement.
(a) As provided in Section 53314.9 of the Act, the approval by the qualified
electors of the Community Facilities District of the proposed special tax to be levied therein is a
condition to the repayment to the Owner of the funds advanced by the Owner pursuant hereto.
Therefore, if the qualified electors of the Community Facilities District do not approve the
proposed special tax to be levied thereon, the City shall have no obligation to repay the Owner
any portion of the Deposit~ expended or encumbered to pay Initial Costs. In accordance with
Section 53314.9 of the Act, if the qualified electors of the Community Facilities District do not
approve the proposed special tax to be levied therein; the City shall cause Union Bank to return
to the Owner any portion of the Deposits which have not been expended or encumbered to pay
Initial Costs by the time of the election on said proposed special tax.
(b) If proceedings for the issuance of the Bonds are terminated, the City shall,
within ten business days after official action by the City or the Community Facilities District to
terminate said proceedings, cause Union Bank to return the then unexpended and unencumbered
portion of the Deposits to the Owner, without interest.
(c) If the Bonds are issued by the Community Facilities District, the City shall
reimburse the Owner, without interest, tor the portion ofthe Deposits that has been expended or
encumbered, said reimbursement to be made within ten business days after the issuance of such
Bonds, solely from the proceeds of such Bonds and only to the extent otherwise permitted under
the Act. The City shall, within ten business days after the issuance of such Bonds, return the
then unexpended and unencumbered portion of the Deposits to thc Owner, without interest.
Section 3. Abandonment of Proceedinl!s. The Owner acknowledges and agrees that
the issuance ofthe Bonds shall be in the sole discretion of the City. No provision of this Deposit
Agreement shall be construed as an agreement, promise or warranty of the City to issue the
Bonds.
3
AGENDA ITEM NO. ~'
PAGE-7_0F : 1-6
Section 4. DeDosit Al!reement Not Debt or Liabilitv of City. As provided in
Section 53314.9(b) of the Act, this Deposit Agreement does not constitute a debt or liability of
the City, but shall constitute a debt and liability of the Community Facilities District upon its
formation. The City shaH not be obligated to advance any of its own funds to pay Initial Costs or
any other costs incurred in connection with the formation of the CFD and issuance of the Bonds.
No member of the City Council of the City and no officer, employee or agent of the City shall to
any extent be personally liable hereunder.
Section 5. Notices. Any notices, requests, demands, documents, approvals or
disapprovals given or sent under this Deposit Agreement from one Party to another (collectively,
"Notices") may be personally delivered, transmitted by facsimile (FAX) transmission, or deposit
with the United States Postal Service for mailing, postage prepaid, to the address of the other
Party as stated in this Section, and shall be deemed to have been given or sent at the time of
personal delivery or FAX transmission or, if mailed, seventy-two hours following the date of
deposit in the course of transmission with the United States Postal Service. Notices shall be sent
as follows:
If to City:
City of Lake Elsinore
Attn: Director of Administrative Services
130 S. Main Street
Lake Elisnore, CA 92530
FAX No. (909) 674-239
With copies to:
Leibold, McClendon & Mann, P.C.
Attn: Barbara Zeid Leibold, City Attorney
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
FAX No. (949) 457-6305
If to Owner:
Riverlake Villas Partners, L.P.
Attn: Teofilo Hamui
4995 Murphy Canyon Rd, Suite 402
San Diego, CA 92123
FAX No. (858) 292-1564
4
AGENDA ITEM NO.
PACE f'
e)
OF ~O
If to Union Banle
Union Bank of California, N.A.
Atn: Corporate Trust Dept.
120 S. San Pedro Street, 4th Floor
Los Angeles, California 90012
FAX No. (213) 972.5694
Each such notice, statement, demand, consent, approval, authoriz.ation, offer, designation,
request or other communication hereunder shall be deemed delivered to the party to whom it is
addressed (a) if personally served or delivered, upon delivery, (b) if given by electronic
communication, whether by telex, telegram or telecopier upon the sender's receipt of an
appropriate answerback or other written acknowledgement, (c) if given by registered or certified
mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours
after such notice is deposited with the United States mail, (d) if givcn by overnight courier, with
courier charges prepaid, 24 hours after delivery to said overnight courier, or (e) if given by any
other means, upon delivery at the address specified in this Section.
Section 6. California Law. This Deposit Agreement shall be governed and construed
in accordance with the laws of the State of California. The Parties shall be entitled to seek any
remedy available at law and in equity. All legal actions must be instituted in the Superior Court
of the County of Riverside, State of California, in an appropriate municipal court in Riverside
County, or in the United States District Court for the District of California in which Riverside
County is loeated.
Section 7. Successors and Assil!ns. This Deposit Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the parties hereto.
Section 8. Counterparts. This Deposit Agreement may be executed in counterparts,
each of which shall be deemed an original and all of which shall constitute but one and the same
instrwnent.
Section 9. Other Al!reements. The obligations of the Owner hereunder shall be that of
a party hereto. Nothing herein shall be construed as affecting the City's or Owner's rights, or
duties to perform their respective obligations, under other agreements, use regulations or
subdivision requirements relating to the development. This Deposit Agreement shall not confer
any additional rights, or waive any rights given, by either party hereto under any development or
other agreement to which they are a party.
Section 10. Titles and Captions. Titles and captions are for convenience of reference
only and do not define, describe or limit the scope or the intent of this Deposit Agreement or of
any of its terms. Reference to section numbers are to sections in this Deposit Agreement, unless
expressly stated otherwise.
Section 11. Interpretation. As used in this Deposit Agreement, masculine, feminine or
neuter gender and the singular or plural number shall cach be deemed to include the others where
5
AGENDA ITEM NO.
PACE 9
~~l
""-.,,
OF 'l'o
and when the context so dictates. The word "inclnding" shall be constmed as if followed by the
words "without limitation." This Deposit Agreement shall be interpreted as though prepared
jointly by both Parties.
Section 12. No Waiver. A waiver by either Party of a breach of any of the covenants,
conditions or agreements under this Deposit Agreement to be performed by the other Party shall
not be construed as a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions of this Deposit Agreement.
Section 13. Modifications. Any alteration, change or modification of or to this Deposit
Agreement, in order to become effective, shall be made in writing and in each instance signed on
behalf of each Party.
Section 14. Severability. If any term, provision, condition or covenant of this Deposit
Agreement or its application to any party or circumstances shall bc held, to any extent, invalid or
unenforceable, the remainder of this Deposit Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to whom or
which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable
to the fullest extent permitted by law.
Section 15. Le2al Advice. Each Party represents and warrants to the other the
following: they have carefully read this Deposit Agreement, and in signing this Deposit
Agreement, they do so with full knowledge of any right which they may have; they have
received independent legal advice from their respective legal counsel as to the matters set forth
in this Deposit Agreement, or have knowingly chosen not to consult legal counsel as to the
matters set forth in this Deposit Agreement; and, they, have freely signed this Deposit Agreement
without any reliance upon any agreement, promise, statement or representation by or on behalf of
the other Party, or their respective agents, employees, or attorneys, except as specifically set
forth in this Deposit Agreement, and WitllOut duress or coercion, whether economic or otherwise,
Section 16 CooDeration. Each Party agrees to cooperate with the other in this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Deposit Agreement
including, but not limited to. releases or additional agreements.
Section 17. Conflicts of Interest. No member, official or employee of City shall have
any personal interest, direct or indirect, in this Deposit Agreement, nor shall any such member,
official or employee participate in any decision relating to the Deposit Agreement which affects
his personal interests or the interests of any corporation, partnership or association in which he is
directly or indirectly interested.
Section 18. Re2ardin2 the A2ent. In acting hereunder, Union Ba.nk is acting solely
as agent for the City and not in its proprietary capacity. The duties and responsibilities of Union
Bank shall be limited to those expressly set forth in this Deposit Agreement. In no event shall
the Union Bank be liable for any special, indirect or consequential damages. Union Bank will
not be liable for any action taken or neglected to be taken by it in good faith in any exercise of
reasonable care and believed by it to be within the discretion of power conferred upon it by this
6
r~CENDA ITEM NO.
PACE /l)
p\
OF 1-b .,
Deposit Agreement, including without limitation, disbursement of funds from the Deposit
Account upon receipt of instructions reasonably believed by Union Bank to have been executed
by the person set forth therein. Union Bank shall receive compensation for its services as agreed
between Union Bank and the City. To the extent permitted by law, the City agrees to indemnify
and hold Union Bank harmless from all loss, cost, damages, expenses, liabilities, judgments and
attorneys' fees (including without limitation, allocated costs of in-house counsel) suffered or
incurred by Union Bank arising out of or in connection with this Deposit Agreement, except that
this indemnity obligation shall not apply in the event of the gross negligence or willful
misconduct of the indemnified parties or any of them. This indemnity obligation shall survive
termination of this Deposit Agreement. This Deposit Agreement will terminate upon the earlier
of disbursement of all funds in the Deposit Account or upon the direction of the City.
7
AGENDA ITEM NO. ~
PAGE II OF 40
IN WITNESS WHEREOF, the Parties have executed this Deposit Agreement as of the
date set forth on the first page hereof
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
By:
Title:
"OWNER"
RIVERLAKE VILLAS PARTNERS, L.P,
a California limited partnership
By: Spathco, a California Corporation
I"~_:~. _
Teofilo amui, Vice President
ACCEPTED BY:
UNION BANK OF CALIFORNIA, N.A.
By: _
Title: Authorized Officer
8
AOlBNDA ITEM NO.
PACE /.2.
~:.\
OF 1ft)
EXHIBIT A
City of Lake Elsinore
Community Facilities District No. 2006-10
(Riverlake Villas)
WRITTEN REQUEST NO. FOR
DISBURSEMENTS PURSUANT TO THE
DEPOSIT AND REIMBURS.E;MENT AGREEMENT
The undersigned hereby states and certifies:
(I) that he/she is the duly qualified City Manager of the City of Lake Elsinore, a
municipal corporation duly organized and existing under the laws of the State of California (the
"City") and as such, is familiar with the facts herein certified and is authorized and q lllIlified to
execute and deliver this certificate;
(2)
dated as of
that he is authorized pursuant to the Deposit and Reimbursement Agreement,
, 2006 (the "Agreement"), by and between the City of LaI(e Elsinore and
relating to the formation of City of Lake Elsinore Community Facilities
District No. 2006-10 (Riverlake Villas) (the "CFD");
(3) that pursuant to Section I(e) ofthc Agreement, Union Bank is hereby directed to
disburse this date from Account No. _ _.__. (the "Account") to the payees, designated on
Exhibit I attached hereto and by this reference incorporated herein, the respective sums set forth
opposite such payees, in payment of certain expenses related to the CFD;
(4) that each obligation shown on Exhibit 1 has been properly incurred and is a
proper charge against the Accotmt;
(5) that no item to be paid pursuant to this Written Request has been previously paid
or reimbursed from the Account; and
(6) that capitalized terms used herein and not otherwise defined shall have the
meanings ascribed thereto in the Agrecmcnt.
Dated:
CITY OF LAKE ELSINORE, a municipal
corporation
By:
Title: City Manager
AGEN~:~:M/~. o~--~
RESOLUTION NO. 2006-1'71
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, TO
ESTABLISH CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2006-10 (RIVERLAKE VILLAS)
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 combination thereof
through the formation of the CFD, subject to the authorization of bonds and the
levy of a special tax to pay lease payments, installment purchase payments or other
payments, or principal and interest on bonds, being approved at an election to be
held within the boundaries of the CFD.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLI.OWS:
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
45834428.1
AGENDA ITEM NO. ~ :
PACE Ii OF
CITY COUNCIL RESOLUTION NO. 2006-
Page 2 of6
Boundary of Community Facilities District No. 2006-10 of the City of Lake
Elsinore (Riverlake Villas)," 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. On the original and one copy of the map
of such CFD on file in the City Clerk's office, the City Clerk shall endorse the
certificate evidencing the date and adoption of this resolution. The City Clerk shall
file the original of such map in her office and, within fifteen (15) days after the
adoption of this Resolution, the City Clerk shall file a copy of such map so
endorsed in the records 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. 2006-10 (Riverlake Villas)."
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 available
within the territory proposed to be included in the CFD, the costs of administering
the levy and collection of the Services Special Tax and all other costs of the levy of
the Services Special Tax, including any foreclosure proceedings, legal, fiscal, and
financial consultant fees, election costs, and all other administrative costs of the tax
levy. The Services Special Tax will be secured by recordation of a continuing lien
against all real property in the CFD. TIle 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 capital facilities fees and EVMWD water and
sewer capital facilities fees, and related costs including designs, inspections,
45834428.1
AGENDA ITEM No.2, --
PAGE /5. _OF "f() -.
d
CITY COUNCIL RESOLUTION NO. 2006-
.Page3of6 -
professional fees, annexation fees, connection fees and acqulSltlOn costs (the
"Facilities"). Such Facilities need not be physically located within the CFD.
SECTION 5. Except where funds are otherwise available, it is the intention
of the 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 constTIlction 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 the Facilities.
The Special Tax is apportioned to each parcel on the foregoing basis
pursuant to Section 53325.3 of the Act. In the event that a portion of the property
within the CFD shall become for any reason exempt, wholly or partially, from the
levy of the Special Tax, the Council shall, on behalf of the CFD, increase the levy
to the extent necessary upon the remaining property within the CFD which is not
delinquent or exempt in order to yield the required payments, subject to the
maximum tax. Under no circumstances, however, shall the Special Tax levied
against any parcel used for private residential purposes be increased as a
consequence of delinquency or default by the owner of any other parcel or parcels
within the CFD by more than 10 percent. Furthennore, the maximum special tax
45834428.1
AOENDA ITEM NO. ?>
PAGE / .b OF '10
CITY COUNCIL RESOLUTION NO. 2006-
Page4of6 -
authorized to be levied against any parcel used for private residential purposes
shaH not be increased over time in excess of 2 percent per year.
SECTION 6. The Council hereby finds that the proposed Facilities are
necessary to meet increased demands put upon the City as a result of the new
development or rehabilitation within the proposed CFD.
SECTION 7. A public hearing (the "Hearing") on the cstablishment of the
CFD and the proposed rate and method of apportionment of the Services Special
Tax and the Special Tax shaH be held on November 28, 2006, at 7:00 p.m., or as
soon thereafter as practicable, at the Lake Elsinore Cultural Center located at 183
North Main Street, Lake Elsinore, California 92530.
SECTION 8. At the time and place set forth above for the hearing, any
interested person, including all persons owning lands or registered to vote within
the proposed CFD, may appear and be heard.
SECTION 9. Each City officer who is or will be responsible for the
Services and the Facilities to be financed by the CFD, ifit is established, is hereby
directed to study the proposed CFD and, at or before the time of the above-
mentioned Hearing, file a report with the Council, and which is to be made a part
of the record of the Hearing, containing a brief description of the Services and the
Facilities by type which will in his or her opinion be required to adequately meet
the needs of the CFD and his or her estimate of the cost of providing the Services
and the Facilities. The City Manager is directed to estimate the fair and reasonable
cost of 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
45834428.l
I\CENOAITEM NO. ~jf-D~"
PAGE,....LZ_"OF -
CITY COUNCIL RESOLUTION NO. 2006-
Page 5 of 6
election on the levy of the Services Special Tax and the Special Tax, if the
proposal to levy such tax should fail, and to rcpay 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 CFO.
SECTION 11. The City Clerk is hereby directed to publish a notice
("Notice") of the Hearing pursuant to Section 606 I of the Government Code in a
newspaper of general circulation published in the area of the proposed CFO. Such
Notice shall contain information set forth in Section 53322 of the Act. Such
publication shall be completed at least 7 days prior to the date of the Hearing.
SECTION 12. The Clerk may send a copy of the Notice by first-class mail,
postage prepaid, to each registered voter and to each landowner within proposed
CFO 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 CFO, 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 CFO treasurer in full payment or part
payment of any installment of the special taxes or the interest or penalties thereon
which may be due or delinquent, but for which a bilI has been received, any bond
or other obligation secured thereby, the bond or other obligation to be taken at par
and credit to be given for the accrued interest shown thereby computed to the date
of tender.
SECTION 14. The voting procedure with respect to the establishment of
the CFO and the imposition of the special tax shall be by hand delivered or mailed
ballot election.
SECTION 15. This Resolution shall take effect from and after the date of
its passage and adoption.
45834428.1
AGENDA ITEM NO. 'i;-',
PACE ff OF 7f.D
CITY COUNCIL RESOLUTION NO. 2006-_
Page 6 of 6
PASSED, APPROVED AND ADOPTED this 24th day of October, 2006.
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
45834428.1
I\GEN~:~~Er?r' OF~?~ D~
1
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
45834428.1
AGENDA ITEM NO. B
PACE.._~OF .f;()_
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2006-10
OF THE CITY OF LAKE ELSINORE
(Riverlake Villas)
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes of the City of Lake Elsinore Community Facilities District No. 2006-10 (Riverlake
Villas) (nCFD No. 2006-1 on). The Special Tax shall be levied on and collected each Fiscal Year, in
an amount determined through the application of the Rate and Method of Apportionment described
below. All of the real property within CFD No. 2006-10 unless exempted by law or by thc
provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
SECTION A
DEI<INITIONS
The telms 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 or
instrument. The square footage of an Assessor's Parce1is equal to the Acreage multiplied by43,560.
"Act" means the Mello-Roos Communities Facilities Act of 1982, as amended, being Chaptcr 2.5,
Part I of Division 2 of Title 5 ofthe Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly
related to the administration of CFD No. 2006-10: the costs of computing the Special Taxes and
preparing the Special Tax collection schcdnlcs (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 tile
Special Taxes for Facilities to the Trustee; the costs of the Trustee (including legal counsel) in the
discharge ofthc duties required of it lmder the fudenture; the costs to the City, CFD No. 2006-10 or
any designce thereof of complying witll arbitrage rebaterequirements; l11e costs to the City, CFD No.
2006-10 or any designee thereof of complying with di~closure requirements of the City, CFD No.
2006-10 or obligated persons associated with applicable federal and state securities laws and the Act;
the costs associated with preparing Special Tax disclosure statements and responding to public
inquiries regarding the Special Taxes; the costs of the City, CFD No. 2006-10 or any designee
thereof related to an appeal of the Special Tax; the costs'associated with the releasc offunds from an
cscrow account; and the City's annual administration fees and third party expenses. Administrative
Expenses shall also includc amounts estimated by the CFD Administrator or advanced by the City or
CFD No. 2006-10 for any other administrative purposes ofCFD No. 2006-10, including attomey's
fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
City of Lake Elsinore
Community Facilities District No. 2006-10 (Riverlake vRa~DA ITEM NO. 'V'I
PAGE~~..L-=-OF '~1-IJ=
October 3. 2006
Page I
"Apartment Property" means all Assessor's Parcels of Residential Property on which one or more
Apaltment Units are eonstructed.
"Apartment Unit" means a dwelling unit within a building comprised of attached residential units
available for rental by the general public, not for sale to an end user, and under common
management.
"Approved Property" means all Assessor's Parcels ofTaxab]e Property: (i) that are included in a
Final Map that was recorded prior to the January] 51 preceding the Fiscal Year in which the Special
Tax is being levied, alld (ii) that have not been issued a building permit on or before May] st
preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor's Parcel" means a lot or parcel designated on an Assessor's Parcel Map with an assigned
Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor ofthe County designating parcels
by Assessor's Parcel Number.
"Assessor's Parcel Nnmber" means that number assigned to an Assessor's Parcel by the County for
purposes of identification.
"Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D
below.
"Backup Special Tax for Facilities" means the Special Tax of that name described in Section E
below.
"Bonds" means allY obligation to repay a sum ofmoncy, including obligations in the form of bonds,
notes, certificates of participation, long-term leases, loans from government agencies, or loans from
banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any
refunding thereof, to which Special Taxes for Facilities within CFD No. 2006-] 0 have been pledged.
"Building Square Footage" or "BSF" means the square footage of assessable intemalliving space,
exclusive of garages or other structures not used as living space, as determined by reference to the
building permit application for such Assessor's Parcel.
"Calendar Year" means the period commencing January I of any year alld ending the following
December 31.
"CFD Administrator" means an official of the City, or designee thereof, responsible for (i)
determining the Special Tax Requirement for Facilities, (ii) determining the Special Tax
Requirement for Services, as defined in Section L, as applicable, and (iii) providing for the levy and
collection of the Special Taxes.
"CFD No. 2006-10" meallS Community Facilities District No. 2006-]0 (Riverlake Villas)
established by the City under the Act.
City of Lake Elsinore
Community Facilities District No. 2006-10 (Riverlake vR~NOA ITEM NO. 'j:p:)
PACE. :<;;2" -OF~1Z:C
October 3, 2006
Page 2
"City" means the City of Lake Elsinore.
"City Couucil" means the City Council of the City of Lake Elsinore, acting as the Legislative
Body ofCFD No. 2006-10, or its designee.
"County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a
Final Map that was recorded prior to the January 151 preceding the Fiscal Year in which the Special
Tax is being levied, and (ii) a building permit for new construction was issued on or before May 151
preceding the Fiscal Year in which the Special Tax is being levied.
"Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes
as provided for in Section J.
"Final Map" means a subdivision of property by recordation ofa final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates
individual lots for which building permits may be issued without further subdivision.
"Fiscal Year" means the period commencing on July 1 of any year and ending the following June
30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to
which Bonds are issued, as modified, amended and/or supplemented from time to time, and any
instrument replacing or supplementing the same.
"Land Use Type" means any of the types listed in Table I of Section D.
"Maximum Special Tax for Facilities" means the maximum Special Tax for Facilities, determined
in accordance with Section C, that can be levied by CFD No. 2006-10 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 was issued for any type of non-residential use.
"Partial Prepayment Amount" means the amount required to prepay a portion ofthe Special Tax
for Facilities obligation for an Assessor's Parcel, as described in Section H.
"Prepayment Amount" means the amount required to prepay the Special Tax for Facilities
obligation in full for an Assessor's Parcel, as described in Section G,
City of Lake Elsinore
Community Facilities District No. 2006-10 (Riverlake Villas}
ACENDA ITEM NO,
PAGE ~3 OF
October 3. 2006
'cJ;.D~
Page 3
"Proportionately" means that the ratio of the actual Special Tax for Facilities levy to the applicable
Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels. In case of
Developed Property subject to the apportionment of the Special Tax for Facilities under step four of
Section F, "Proportionately" in step four means that the quotient of (a) actual Special Tax for
Facilities less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for
Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels.
"Provisional Undeveloped Property" means all Assessor's Parcels of Taxable Properly that would
otherwise be classified as Exempt Property pursuant to the provisions of Section J, but cannot be
classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property
below the required minimum Acreage set forth in Section J.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building
permit has been issued for purposes of constructing one or more residential dwelling units.
"Single Family Property" means all Assessor's Parcels of Residential Property other than
Apartment Property.
"Single Family Unit" means a residential dwelling unit other than an Apartment Unit.
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2006-10 pursuant
to the Act.
"Special Tax for Facilities" means any of the special taxes authorized to be levied within CFD No.
2006-10 pursuant to the Act to fund the Special Tax Requirement for Facilities.
"Special Tax Requirement for Facilities" means the amount required in any Fiscal Y car to pay: (i)
the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that
commences in such Fiscal Year, (ii) Administrative Expenses, (iii) thc costs associated with the
rcleasc of funds from an escrow account, (iv) any amount required to establish or replenish any
reserve funds established in association with the Bonds, (v) an amount equal to any anticipated
shortfall due to Special Tax for Facilities delinquencies in the prior Fiscal Year, and (vi) the
collection or accumulation of funds for the acquisition or construction of facilities authorized by
CFD No. 2006-10 provided that the inclusion of such amount does not cause an increase in the levy
of Special Tax for Facilities on Undeveloped Property as set forth in Step Three of Section F., less
(vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the
Indenture.
"Taxable Property" means all Assessor's Parcels within CFD No. 2006-10, which are not Exempt
Property.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property, Approved Property or Provisional Undeveloped Property.
City of Lake Elsinore
Community Facilities Districl No. 2006-10 (Riverlake Villas)
AOENDA ITEM NO.
PAGE .:<1-
9ctober 3, 2006
....)
5:""")
,. ::
OF 4{)
Page 4
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, begitming with Fiscal Year 2006-07, each Assessor's Parcel within CFD No.
2006-10 shaH be classified as Taxable Property or Exempt Property. In addition, each Assessor's
Parcel of Taxable Property shall be further classified as Developed Property, Approved Property,
Undeveloped Property or Provisional Undeveloped Property. In addition, each Assessor's Parcel of
Developed Property shall fwther be classified as Residential Property or Non-Residential Property.
Lastly, each Assessor's Parcel of Residential Property shall further be classified as a Single Family
Property or Apartment Property, and each Assessor's Parcel of Single Family Property shall be
assigned to its appropriate Assigned Special Tax for Facilities rate based on its Building Square
Footage.
SECTION C
MAXIMUM SPECIAL TAX FOR FACILITIES
1. Developed Propertv
The Maximum Special Tax for Facilities for each Assessor's Parcel of Single Family
Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax for Facilities
or (ii) the Backup Special Tax for Facilities.
The Maximum Special Tax for Facilities for each Assessor's Parcel of Apartment Property or
Non-Residential Property shall be the applicable Assigned Special Tax for Facilities
described in Table I of Section D.
Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed
Property set forth in Table I may be reduced in accordance with, and subject to the
conditions set forth in this paragraph. If it is reasonably determined by the CFD
Administrator that the overlapping debt burden (as defined in the Statement of Goals and
Policies for the Use of the Mcllo-Roos Community Facilities Act of 1982 adopted by the
City Council, the "Goals and Policies") calculated pursuant to tlle Goals and Policies exceeds
the City's maximum level objective set forth in such document, the Maximum Special Tax
for Facilities on Developed Property may be reduced (by modifying Table I) 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. In order to reduce the
Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce
the Maximum Special Tax for Facilities for Undeveloped Property. The reductions pel1l1itted
pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which
the Ci ty shall cause to be recorded by executing a certificate in substantially the fOI1l1
attached hereto as Exhibit" A".
City of Lake Elsinore
Community Facilities District No. 2006-10 (Riverlake Vil~i\lDA ITEM NO.._
PACE .:{:S- OF
October 3, 2006
\:;.;
(0 ')
!D~
Page 5
2. Multiple Land Use Tvpe
In some instances an Assessor's Parcel of Developed .Property may contain more than one
Land Use Type. The Maximum Special Tax for Facilities levied on an Assessor's Parcel
shall be the sum of the Maximwn Special Tax for Facilities for all Land Use Types located
on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall
be final.
3. Approved Property. Undeveloped Property and Provisional Undeveloped Property
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Approved
Property, Undeveloped Property, or Provisional Undeveloped Property in any Fiscal Year
shall be the applicable Assigned Special Tax for Facilities.
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Single Family Property, Apartment Property, or
Non-Residential Property shall be subject to an Assigned Special Tax for Facilities. The
Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property
shall be determined pursuant to Table I below.
TABLE 1
ASSIGNED SPECIAL TAX FOR FACILITIES RATES
FOR DEVELOPED PROPERTY
Land Use T e
Single Family Property
Rate
$3,339 per Single Family Unit
Unit
Unit
City of Lake Elsinore October 3, 2006
Community Facilities District No. 2006-10 {Riverlake Vi~\m:NOA ITEM NO.___.8-.._., Page 6
PA(jc.~LoF LJ-o_
2. Approved Propertv. Undeveloped Property and Provisional Undeveloped Properly
Each Fiscal Year, each Assessor's Parcel of Approved Property, Undeveloped Property and
Provisional Undeveloped Property shall be subject to an Assigned Special Tax for Facilities.
The Assigned Special Tax for Facilities rate for an Assessor's Parcel classified as Approved
Property, Undeveloped Property and Provisional Undeveloped Property shall be $164,692
per Acre.
SECTION E
BACKUP SPECIAL TAX FOR FACILITIES
At the time a Final Map is recorded, the Backup Special Tax for Facilities for all Assessor's
Parcels of Developed Property classified or reasonably expected to be classified as a Single
Family Property within such Final Map area shall be determined by (i) multiplying (a) the
Maximum Special Tax for Facilities rate for Undeveloped Property by (b) the total Acreage of
Taxable Property in such Final Map area, excluding Acreage classified as Provisional
Undeveloped Property, Acreage classified or reasonably expected to be classified as Apartment
Property or Non-Residential Property, and any Acreage reasonably expected to be classified as
Exempt Property in such Final Map area, and (ii) dividing the results ill (i) by the total number of
Single Family Units reasonably expected to be constructed within such Final Map area. The
resulting quotient shall be the Backup Special Tax for Facilities for each Assessor's Parcel of
Single Family Property within such Final Map area.
The Backup Special Tax for Facilities shall not apply to Non-Residential Property or Apartment
Property.
NOlwithstanding the foregoing, if Assessor's Parcels of Developed Property which are classified
or to be classified as Single Family Property are subsequently changed or modified by recordation
of a lot line adjustment or similar instrument, then the Backup Special Tax for Facilities for the
area that has been changed or modified shall be recalculated, based on the methodology above, to
equal the amount of Backup Special Tax for Facilities that would have been generated if such
change did not take place.
SECTION F
METHOD OF APPORTIONMENT OF THE SI'ECIAL TAX FOR FACILITIES
Commencing Fiscal Year 2006-07 and for each subsequent Fiscal Year, the City Co unci I shall levy
Special Taxes for Facilities on all Taxable Property in accordance with the following steps:
Step One:
The Special Tax for Facilities shall be levied Proportionately on each Assessor's
Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax
for Facilities rates in Table I to satisfy the Special Tax Requirement for Facilities.
Step Two:
If additional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first step has been completed, the Special Tax for Facilities shall be levied
City of Lake Elsinore
Community Facilities District No. 2006-10 (Riverlake Villas)
AGENDA ITEM NO.
PACE ':<7
October 3, 2006
o
( ) _ Page?
OF f.O-
1
Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the
Maximum Special Tax for Facilities applicable to each such Assessor's Parcel as
needed to satisfy the Special Tax Requirement for Facilities.
Step Three: If additional moneys arc needed to satisI'y the Special Tax Requirement for Facilities
after the first two steps have been completed, the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Undeveloped Property up to
100% ofthe Maximum Special Tax for Facilities applicable to each such Assessor's
Parcel as needed to satisfy the Special Tax Requirement for Facilities.
Step Four: If additional moneys are needed to satisI'y the Special Tax Requirement for
Facilities after the tirst three steps have been completed, then the Special Tax for
Facilities on each Assessor's Parcel of Developed Property whose Maximum Special
Tax for Facilities is the Backup Special Tax for Facilities shall be increased
Proportionately from the Assigned Special Tax for Facilities up to 100% of the
Backup Special Tax for Facilities as needed to satisI'y the Special Tax Requirement
for Facilities.
Step Five: If additional moneys are needed to satisfy the Special Tax Requirement for Facilities
after the first four steps have been completed, the Special Tax for Facilities shall be
levied Proportionately on each Assessor's Parcel of Provisional Undeveloped
Property up to 100% of the Maximum Special Tax for Facilities applicable to each
such Assessor's Parcel as needed to satisI'y the Special Tax Requirement for
Facilities.
Notwithstanding the above, under no circumstances will the Special Tax for Facilities levied against
any Assessor's Parcel of Residential Property for which an occupancy pennit for private residential
use has been issued be increased by more than ten percent as a consequence of delinquency or default
by owner of any other Assessor's Parcel within CFD No. 2006-10.
SECTION G
PREPAYMENT OF SPECIAL TAX }'OR FACILITIES
The following additional definitions apply to this Section G:
"Cli'l) Public Facilities" means $1,476,000, expressed in 2006 dollars, which shall increase by
the Construction Inflation Index on July I, 2007, and on each July I thereafter, or such lower
amount (i) determined by the City Council as sufficient to provide the public facilities under the
authorized bonding program for CFD No. 2006-10, or (il) determined by the City Council
concurrently with a covenant that it will not issue any more Bonds to be supported by Special
Taxes for Facilities levied under this Rate and Method of Apportionment.
City of Lake Elsinore
Community Facilities District No. 2006-10 (Riverlake VilWjENDA ITEM NO. z:-:)
I PACE_~S' OF 1'-D -
October 3. 2006
Page 8
"Construction Fund" means an account specifically identified in the Indenture or functionally
equivalent to hold funds, which are currently available for expenditure to acquire or construct
public facilities eligible under CFD No. 2006-10.
"Construction Inflation Index" means the annual percentage change in the Engineering News-
Record Building Cost Index for the city of Los Angeles, measured as ofthe Calendar Year which
ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction
Inflation Index shall be another index as determined by the City 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 public facility costs available to
be funded through existing construction or escrow accounts or funded by the Outstanding Bonds,
and minus public facility costs funded by interest earnings on the Construction Fund actually
earned prior to the date of prepayment.
"Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of
Special Taxes for Facilities which will remain outstanding after the first interest and/or principal
payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date
with the proceeds of prior prepayments of Special Taxes for Facilities.
The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an
Assessor's Parcel of Approved Property or Undeveloped Property for which a building permit has
been issued or is expected to be issued, or an Assessor's Parcel of Provisional Undeveloped
Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or
interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for
Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible
for prepayment shall be determined as described below.
An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation
shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of
receipt of such notice the CFD Administrator shall notify such owner of the Prepayment Amount
of 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 Bonds from the proceeds of such prepayment may be given by the Trustee
pursuant to the Indenture.
The Prepayment Amount for each applicable Assessor's Parcel shall bc calculated according to the
following formula (capitalized terms defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Cost
plus Administrative Fee
less Reserve Fund Credit
City of Lake Elsinore October 3, 2006
Community Facilities District No. 2006-10 (Riverlake Villalib\JDA ITEM N C).
1.\\1. . O. (! Page 9
PACE .;J,~ OF 4D :
less
equals
Caoitalized Interest Credit
PrepaymentAJnount
As of the date of prepayment, the Prepayment AJnount shall be calculated as follows:
1. For an Assessor's Parcel of Developed Property, compute the Assigned
Special Tax for Facilities and Backup Special Tax for Facilities, if any,
applicable to the Assessor's Parcel. For an Assessor's Parcel of Approved
Property or Undeveloped Property, compute the Assigned Special Tax for
Facilities and the Backup Special Tax for Facilities as though it was already
designated as Developed Property based upon the building permit issued or
expected to be issued for that Assessor's Parcel. For an Assessor's Parcel of
Provisional Undeveloped Property compute the Assigned Special Tax for
Facilities for that Assessor's Parcel.
2. For each Assessor's Parcel of Developed Property, Approved Property,
Undeveloped Property or Provisional Undeveloped Property to be prepaid, (a)
divide the Assigned Special Tax for Facilities computed pursuant to
paragraph 1 for such Assessor's Parcel by the sum ofthe estimated Assigned
Special Tax for Facilities applicable to all Assessor's Parcels of Taxable
Property at buildout, as reasonably determined by the City, and (b) divide the
Backup Special Tax for Facilities computed pursuant to paragraph I for such
Assessor's Parcel by the sum of the estimated Backup Special Tax for
Facilities applicable to all Assessor's ParcelsofTaxable Property at buildout,
as reasonably determined by the City.
3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by
the Outstanding Bonds. The product shall be the "Bond Redemption
AJnount".
4. Multiply the Bond Redemption AJnount by the applicable redemption
premium, ifany, on the Outstanding Bonds to be redeemed with the proceeds
of the Bond Redemption Amount. This product is the "Redemption
Premium."
5. Compute the Future Facilities Cost.
6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by
the amount determined pursuant to paragraph 5 to determine the Future
Facilities Cost to be prepaid (the "Future Facilities AJnount").
7. Compute the amount needed to pay interest on the Bond Redemption AJnount
to be redeemed with the proceeds ofthe Prepayment AJnount until the earliest
redemption date for the Outstanding Bonds.
City of Lake Elsinore
Community Facilities District No. 2006-10 (Riverlake XillI!NDA ITEM NO <;;:..::,
'- (,."
PAGE .3 C) 7i'78 _
October 3, 2006
Page 10
8. Determine the actual Special Tax for Facilities levied on the Assessor's
Parcel in the current Fiscal Year which has not yet been paid.
9. Estimate the amount of interest earnings to be derived from the reinvestment
of the Bond Redemption Amount plus the Redemption Premium until the
earliest redemption date for the Outstanding Bonds.
10. Add the amounts computed pursuant to paragraph 7 and 8 and subtract the
amount computed pursuant to paragraph 9. This difference is the
"Defeasance Cost."
II. Estimate the administrative fees and expenses associated with the
prepayment, including the costs of computation of the Prepayment Amount,
the costs of redeeming Bonds, and the costs of recording any notices to
evidence the prepayment and the redemption. This amount is the
"Administrative Fee."
12. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected
reduction in the applicable reserve requirements, if any, associated with the
redemption of Outstanding Bonds as a result of the prepayment, or (b) the
amount derived by subtracting the new reserve requirements in effect after
the redemption of Outstanding Bonds as a result ofthe prepayment from the
balance in the applicable reserve funds on the prepayment date.
Notwithstanding the foregoing, if the reserve fund requirement is satisfied by
a surety bond or other instrument at the time of the prepayment, then no
Reserve Fund Credit shall be given. Notwithstanding the foregoing, the
Reserve Fund Credit shall in no event be less than O.
13. If any capitalized interest for the Outstanding Bonds will not have been
expended as of the date immediately following the first interest and/or
principal payment following the current Fiscal Year, a capitalized interest
credit shall be calculated by multiplying the larger quotient computed
pursuant to paragraph 2(a) or 2(b) by the expected balance in the capitalized
interest fund or account under the Indenture after such first interest and/or
principal payment. This amount is the "Capitalized Interest Credit."
14. The Prepayment Amount is equal to thc sum of the Bond Redemption
Amount, the Redemption Premium, the Future Facilities Amount, the
Defeasance Cost, and the Administrative Fee, less the Reserve Fund Credit
and the Capitalized Interest Credit.
15.
From the Prepayment Amount, the amounts computed pursuant to paragraphs
3,4, 10, 12, and 13 shall be deposited into the appropriate fund as established
under the Indenture and used to retire Outstanding Bonds or make debt
service payments. The amount computed pursuant to paragraph 6 shall be
October 3,2006
City of Lake Elsinore
Community Facilities District No. 2006-10 (RiVerlakeA'a~ilfbA ITEM NO. $";;";"
PACE 3/ OF 1-n_
. .-
Page 11
deposited into the ConstlUction Fund. The amowlt computed pursuant to
paragraph II shall be retained by CFD No. 2006-10.
The Special Tax for Facilities prepaymcnt amount may be insufficient to redeem a full $5,000
increment of Bonds. hl such cases, the increment above $5,000 or integral multiplc thereofwill be
rctained in the appropriate fund established under the Indenture to be used with the next prepayment
of Bonds or to make debt service payments.
With respect to a Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the
City Council shall indicate in the records ofCFD No. 2006-10 that there has been a prepayment of
the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in
compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the
prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for
Facilities lien on such Assessor's Parccl, and thc obligation of such Assessor's Parcel to pay such
Special Taxes for Facilities shall cease.
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for
Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least
1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding
Bonds in each future Fiscal Year.
SECTION H
PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, or an
Assessor's Parcel of Approved Propelty or Undeveloped Property for which a building permit has
been issued or is expected to be issued, or and Assessor's Parcel of Provisional Undeveloped
Property, as calculated in this Section II below, may be partially prepaid, provided that there are no
delinquent Special Taxes, penalties, or interest charges outstanding with rcspect to such Assessor's
Parcel at the time the Special Tax for Facilities obligation would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = (Pa- A) x F + A
The terms ahove have the following meanings:
PP = the Partial Prepayment Amount.
Pa = the Prepayment Amount calculated according to Section G.
F = the percent by which the owner ofthe Assessor's Parcel is partially prepaying
the Special Tax for Facilities obligation.
A = the Administrative Fee calculated according to Section G.
Cily of Lake Elsinore
COlIU11Unity Facilities District No. 2006-10 (Riverlake Vj!l:IliNOA ITEM NO. r.,.::<
PACE_3.::2. OF 1-/) -
. October 3, 2006
Page 12
l
I
;1
II
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax for Facilities and the
percentage by which the Spccial Tax for Facilities shall be prepaid. The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment of the Special
Tax for Facilities for an Assessor's Parcel within 30 days of the request and may charge a reasonable
fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City
Council shall (i) distribute the funds remitted to it according to Section G, and (ii) indicate in the
records of CFD No. 2006-10 that there has been a partial prepayment of the Special Tax for Facilities
obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty
(30) days of receipt of such partial prepayment ofthe Special Tax for Facilities obligation to indicate
the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities
shall cease.
i!
,
, '
" I
, ;
, I
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special
Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of
Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and
principal payments on all currently Outstanding Bonds in each future Fiscal Year.
SECTION I
TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied
on all Assessor's Parcels subject to the Special Tax for Facilities. The Special Tax for Facilities
shall cease not later than the 2044-2045 Fiscal Year, however, the Special Taxes for Facilities
will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that
all required interest and principal payments on the CFD No. 2006-10 Bonds have been paid; (ii)
all authorized facilities for CFD No. 2006-10 have been acquired and all reimbursements to the
developer have been paid, (iii) no delinquent Special Taxes for Facilities remain uncollected and
(iv) all other obligations of CFD No. 2006-10 have been satisfied.
SECTION J
EXEMPTIONS
The City shall classify as Exempt Property, in order of priority, (i) Assessor's Parcels which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of
California, Federal or other local governments, including school districts, (ii) Assessor's Parcels
which are used as places of worship and are exempt from ad valorem property taxes because they are
owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered
for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's
Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are
encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types
City of Lake Elsinore
Community Pacilities District No. 2006-10 (Riverlake Vil\'aENDA ITEM NO.
PACE. .:5 '3
October 3, 2006
c;:.;>.
, ,
Page 13
-
of public uses detennined by the City Council, provided that no such classification would reduce the
sum of all Taxable Property to less than 0.98 Acres.
Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt
Property i f such classification would reduce the sum of all Taxable Property to less than 0.98 Acres.
Assessor's Parcels which cannot be classified as Exempt Property because such classification would
reduce the Acreage of all Taxable Property to less than 0.98Acres will be classified as Provisional
Undeveloped Property, and will be subject to Special Taxes pursuant to Step Five in Section F.
SECTION K
MANNER OF COLLECTION OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities shall be collected in the same manner and at the same time as ordinary
ad valorem property taxes, provided, however, that CFD No. 2006-] 0 may collect Special Taxes for
Paci lities at a different time or in a different manner if necessary to meet its financial obligations, and
may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as pennitted
by the Act.
SECTION L
SPECIAL TAX FOR SERVICES
The following additional definitions apply to this Section L:
"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]
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
Multifami]y 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 Serviccs that can be
levied by CFD No. 2006-]0 in any Fiscal Year on any Asscssor's Parcel.
"Operating Fund" means a fund that shall be maintained for CFD No. 2006-10 for any Fiscal
Year to pay for the actual costs of maintenance related to the Service Area, and the applicable
Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the
preceding Fiscal Year.
"Service Area" means parks, open space, and storm drains.
City of Lake Elsinore r-',
Community Facilities District No. 2006-10 (Riverlake Vil\iOENDA ITEM ii0. '6
PAGE 3L). - OF J15
October 3. 2006
Page 14
"Special Tax for Services" means any of the special taxes authorized to be levied within CFD
No. 2006-10 pursuant to the Act to fund the Special Tax Requirement for Services.
"Special Tax Requirement for Services" means the amount determined in any Fiscal Year for
CFD No. 2006- JO 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) Administrative Expenses, and (iii) anticipated delinquent Special Taxes
for Services based on the delinquency rate in CFD No. 2006-10 for the previous Fiscal Year, less
(iv) the Operating Fund Balance, as determined by the CFD Administrator.
Commencing Fiscal Year 2006-2007 and for each subsequent Fiscal Year, the City Council shall
levy Special Taxes 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.
I
!
I
11
I
\
1. Rate and Method of Apportionment of the Special Tax for Services
The Maximum Special Tax for Services for Fiscal Year 2006-2007 shall be $246.84 per
Developed Single Family Unit, $123.42 per Developed Multifamily Unit, and $555.90 per Acre
for each Assessor's Parcel of Non-Residential Property.
On each July I, commencing July I, 2007, the Maximum Special Tax for Services shall be
increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
2. Duration of the Special Tax for Services
The Special Tax for Services shall be levied in perpetuity to fund the Special Tax Requirement
for Services, unless no longer required as determined at the sole discretion of the City Council.
3. Collection of the Special Tax for Services
The Special Tax for Services shall be collected in lhe same manner and at the same time as
ordinary ad valorem property taxes, provided, however, that CFD No. 2006-10 may collect the
Special Tax for Services at a different time or in a different manner if necessary to meet its
nUlding requirements.
SECTION M
APPEALS
Any propelty owner claiming that the amount or application of the Special Tax is not correct may
file a written notice of appeal with the CFD Administrator notlater than twelve months after having
paid the first installment of the Special Tax that is disputed. The CPO Administrator shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the CPD Adminislrator's
City of L.1ke Elsinore October 3, 2006
Community Facilities District No. 2006-10 (River lake Villa'AOEl\IDA ITEM NO. ',>)
" Page 15
PAGE 3~ of...il2~
decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor ofthe
properly owner, a cash reflmd shall not be made (except for the last year oflevy), but an adjustment
shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s).
The City Council may interpret this Rate and Method of Apportionment for purposes of clarifying
any ambiguity and make determinations relative to the annual administration of the Special Tax and
any landowner or residents appeals. Any decision of the City Council shall be final and binding as to
all persons.
City of Lake Elsinore October 3, 2006
Community Facilities District No. 2006-10 (Riverlake vill~bENDA ITEM NO. (3. """ Page 16
PACE 3b .OF -fti_
EXHIBIT "A"
CITY 01" LAKE ELSINORE AND CFD NO. 2006-10 CERTIFICATE
I. Pursuant to Section C of the Rate and Method of Apportionment of Special Tax (the "RMA"),
the City of Lake Elsinore (the "City") and Community Facilities District No. 2006-10 of the
City of Lake Elsinore ("CFD No. 2006-10 '') hereby agree to a reduction in the Maximum
Special Tax for Facilities for Developed Property within CFD No. 2006-10:
(a) The information in Table 1 relating to the Maximum Special Tax for Facilities for
Developed Property and/or Undeveloped Property within CFD No. 2006-10 shall be
modified as follows:
[insert Table 1 showing effective change to special tax rates and/or insert change to special
tax rates for Undeveloped Property)
2. Table 1 may only be modified prior to the issuance of Bonds.
3. Upon execution of the Certificate by the City and CFD No. 2006-10 the City shall cause an
amended Notice of Special Tax Lien for CFD No. 2006-10 to be recorded reflecting the
modifications set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Lake Elsinore and
CFD No. 2006-10, receipt of this Certificate and modification of the RMA as set forth in this
Certificate.
CITY OF LAKE ELSINORE
By:
Date:
CFD Administrator
COMMUNITY FACILITIES DISTRICT NO. 2006-10
OF THE CITY OF LAKE ELSINORE
By:
Date:
City of Lake Elsinore October 3, 2006
Community Facilities District No. 2006-10 (Riverlake Villasj!;GENDA ITEM NO. ;;:::;;
PAGE 37 OF f-D .:
Page 17
RESOLUTION NO. 2006- n9
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CAUFORNIA, TO INCUR
BONDED INDEBTEDNESS IN THE AMOUNT NOT TO
EXCEED $2,500,000 WITIDN THE PROPOSED CITY OF
LAKE ELSINORE COMMUNITY FACIUTIES DISTRICT NO.
2006-10 (RIVERLAKE VILLAS)
WHEREAS, the City Council (the "Council") of the City of Lake Elsinorc
(the "City") has heretofore adopted Resolution No. 2006- , stating the
Council's intention to form Community Facilities District No. 2006-10 (Riverlake
Villas) (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
governmcntal 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 $2,500,000, 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. 2006-
-----
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. It is necessary to incur bonded indcbtedness within the
proposed CFD in the amounts not to exceed $2,500,000 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 ful.filling contractual commitments
45826925.1
AGENDA ITEM NO. '2'.
PACE 31' of_1l2...~
CITY COUNCIL RESOLUTION NO. 2006-
Page 2 of 3
and carrying out the powers and purposes of the CFD, including, but 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
$2,500,000 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 hcld November 28, 2006 at 7:00 p.m. or as soon thereafter as practicable,
at the Lake Elsinore Cultural Center located at 183 North 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 $2,500,000 shall be submitted to the
qualified electors of the CFD. A special community facilities district election shall
be conducted on November 28, 2006. 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 0' clock p.m. on November 28, 2006.
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 CFDas shown on the last equalized assessment roll.
SECTION 10. This Resolution shall take effect from and after the date of its
passage and adoption.
('~
AGENDA ITEM NO. <-.)
PACE 39 OF ..:tD .
, <
CITY COUNCIL RESOLUTION NO. 2006-
Page 3 of 3
PASSED, APPROVED AND ADOPTED this 24th day of October, 2006.
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
AGENDA ITEM NO. 'rj,
PAOe. .zIb 0778-
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 24, 2006
SUBJECT:
CHANGE ORDER FOR PROFESSIONAL
ENGINEERING SERVICES
BACKGROUND
The Engineering Division of the City of Lake Elsinore is required to review private
development projects for compliance with the City's Municipal Code, City
Standards and the Subdivision Map Act Also, as a function of construction
compliance, the Division performs inspection services to ensureimplementation of
approved plans. In order to maintain a high level of customer service and
responsiveness, these functions havc been contracted to Engineering firms that
have the flexibility to provide a professional staff to supplement City Staff and
accommodate a dynamic work load.
DISCUSSION
.-"-....,-.__........._--
The City is currently in the first year of a three (3) year contract with Harris &
Associates and Berryman and Hennigar (now Bureau Veritas). The current
contract with each firm limits their compensation to $] 50,000.00 per year without
additional Council approval. Due to the volume of work processed through the
City, the .initia] contract amount has been depleted within a relatively short period
of time. In an effort to reduce the number of requests from Staffto City Council
for approval of additional funds to continue these contracts, Staff is requesting that
an additional $350,000 in professional service funds be allowed to be processed for
each of these two contracts
""'1::-11'" "Yi':-" Mi" 3 j
1',-,.\ ,.,J; ~h";"" e ~ ,A.< '" '.:, ,;~, ~_; ,'''~.'''''''''_~
,;'r;: 2;)
1",~~~_
REPORT TO CITY COUNCIL
OCTOBER 24, 2006
Page 2 of2
FIS(:AL IMP ACT
This request is for an additional amount of $700,000.00 to be approved as a
supplement to the professional engineering service contracts for both Harris and
Associates and Bureau Veritas ($350,00000 each). There is no direct impact to
the 2006/2007 operating budget as the City Council has previously approved
$1,236,000 for engineering consultant services. The inspection, plan check and
plan review services are funded through development deposits in accordance with
the City's fee schedule.
RECOMMENDATION
1. Staff recommends that the City Council approve the additional funds in the
amount of$700,000.00 ($350,000.00 each) for the contracts with Harris and
Associates and Bureau Veritas.
2. Staff recommends that the City Council authorize City Staff to process
purchase orders in the amount of$350,000.00 for each of the contracts
PREPARED BY:
p.c,
KEN A. SEUMALO, CITY ENGINEER'?
APPROVED FOR
AGENDA BY:
ATTACHMENTS
1. Existing Contracts for both Harris & Associates and Berryman and 'Hennigar
(now Bureau Veritas).
rlEM No,."3J~~..
c'S3
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement") dated for identification only as
of February 28, 2006, by and between the City of Lake Elsinore, a municipal corporation ("City")
and Bureau Veritas, Berryman & Henigar ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional consulting services and related work
as set forth in this Agreement.
AGREEMENT
]. Scope of Sel'\'i~~. Consultant shall perform the services described on Exhibit A which is
attached hereto and incorporated hcrein by reference. Consultant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time qf PerforlI\l!I1ce. The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of three (3) years, subject to annual review by the City
Council.
3. Compensatt()l!. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $]50,000 witbout additional
authorization from the City. Payment by City under tillS Agreement shall not be deemed a waiver of
defects, even if such defects were known to the City at the time of payment.
4. Method of Paym~l!\. Consultant shall submit monthly billings to City describing thc work
performed during the preceding month. Consu]tant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days
after approval of the monthly invoice by City staff. When payments made by City equal 90% of the
maximum fee provided for in this Agreement, no tirrther payments shall be made until the final work
under this Agreement ha~ been accepted by City.
5. H1<:tra Wort.,. At any time during the tenn of this Agreemcnt, City may request that
Consultant perform Extra Work. As uscd herein, "Extra Work" means any work which is detennined
by City to be necessary for the proper completion of the Project, but which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement. Consult~~~~all not 'J I
t ~ L.:.~\ft _m,d~
..;"~~ 3 "1' 3 3
.;"0~u"..-"'" -." -,,~
-
Contract/Agreement
]
..
No. 1895 -
perform, nor be compensated for, Extra Work without written authorization from City. Extra work
will be invoiced separately from services performed in accordance with the Scope of Services
6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thit1y (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Ownership ofDQf!!!!1J'nts. All plans, studies, documents and other writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal documents, shall become the property of the City
upon payment to Consultant for such work, and the City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such repot1s, plans, studies, documenl~ and other
writings to City upon written request. City acknowledges that any use of such materials in a manner
beyond the intended plupose as set forth herein shall be at the sole risk of the City. City further
agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agcnts, employees
and volunteers Ii'om any claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expcnses in connection thcrcin), arising out of the City's use
of such materials in a manncr beyond the intended purpose as set forth herein.
a. Licel1sing of !!!t~llcetual ['r.QQCI1y. This Agreement ereatcs a nonexclusive and
perpetual license for City to copy, use, modifY, reuse, or sublicense any and all copyrights, designs,
and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and
other docmnents or works of authorship fixed in any tangible medium of exprcssion, including but
not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
which are prepared or causcd to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require that all subcontractors agree in writing that City is granted a
nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any and
all Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were prepared by design professionals other than Consultant or provided
to Consultant by the City. City shall not be limited in any way in its use ofthe Documents & Data at
any time, provided that any such use not within the plllpOSes intended by this Agreement shall be at
City's sole risk.
b. Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, conlputer prognun data, input record data, written infi)nnation, and other Documents &
Data either created by or provided to Consultant in connection with the perl(lrmanCe of this
Agreement shall be held contidential by Consultant. Such materials shall not, without the prior
written consent of City, bc used by Consultant for any purposcs other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agrecment. Nothing furnished to
Consultant which is othclwise Imown to Consultant or is gcnerally known, or has become known, to
thc related industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs relating to project for which Consultant's services are rendered, or any publicity
pertaining to the Consultant's services under this Agrecment in any magazine, trade paper,
2
1'/3:^~;..\",;~~,~/:, ~T,;..!,<; ~.;',',:>" ,,,_.JL,,~,,,,..,,,,,,
""r.,,~ L( v"'" '33
r.-'''-,;,_...;o;..._,'''..... '.......,......""""..,"""'
newspaper, television or radio production or other similar medium without the prior written consent
of City.
8.C2m\!H.ant-'.eJ3.Q91<1um9 Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate pertarmance
under this Agreement far a minimum period ofthree (3) years, or for any longer period required by
law, from the date oftemlination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
otlicers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated forreceipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or temlination of Consultant's business, City may, by
written request by any of the above-named officers, require that custody of the records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtaiu no rights to rctirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may
have to any such ri ghts.
I O. !At~rests of COllS1!Jtant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in real
property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement
or any other source of income, interest in real property or investment which would be affected in any
manner or degree by the performance of Consultant's services hereunder. Consultant further
covenants and represents that in the perfonl1ance of its duties hermmder no person having any such
interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Aet
because Consultant:
3
.<.JI
,...:,:~"""^,,,or
a. will conduct research and arrive at conclusions with respect to his/her rendition of
information, advice, reeommendation or eounsel independent of the eontrol and direetion of the City
or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of
infcmnation, advice, recommendat.ion or counsel. (FPPC Reg. 18700(a)(2).)
II. professional Abilit.vofConsullant.. City has relied upon the professional training and ability
of Consu It.ant to perfollll the services hereunder as a material inducement to enter into this
Agreement. Consultant shall therefore provide properly skilled professional and technical persOlmcl
to perfolln all services under this Agreement. All work pcrformcd hy Consultant under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent profcssionals in Consultant's field of expertise.
12. Compliance with L<t!Y_~. Consultant shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant
to practice its profession. Consultant represents and walTants to City that Consultant shall, at its sole
cost and expense, keep in effect or obtain at all times during the term of this Agreement, any
licenses, pellnits, insurance and approvals which are legally required of Consultant to practice its
profession.
14. In,tl:mnitv.
a. Consultant agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employecs and volnnteers from and against any and all claims, demands, actions,
losses, damages, inj uries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the negligence perfonnance of this Agreement or its failure to
comply with any of its obligations contained in this Agrcement, except .for any such claim arising out
of the sole negligencc or will/hI misconduct ofthe City, its officers, agents, cmployees or volunteers.
b. It is expressly understood and agreed that the enforcement of these temlS and
conditions shall be reserved to the Cit.y and Consnltant. Nothing contained in this Agreement shall
give or allow any claim or right of action whatsoever by any third person. It Is the express intent of
the CIty and ConsnItant that any such person or entity other than City of Consultant, receiving
serviees or benefits nnder this Agreement, shall be deemed an incidental beneficiary.
15. Insurance RequIrement~.
a. InSlJIilllce. Consultant, at Consultant's own cost and expense, shall procure and
maIntain, for the dnration of the contract, the following insurance policies.
i. Workers' COl11pemwjioIlCOVerage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liabili ty Insurance for hislher employecs in
accordance with the laws of the State of California. In addition, Consultant shall
4
ErEi" '..:'.: .3/
,., ,,,.,....... ...,.
.,
,
{,
{'f: :3.3
'.J, _'''',:",-"",,,_
require each subcontractor to similarly maintain Workers' Compensation Insurance
and Employer's Liability Insurance in accord~mce with the laws of the State of
California for all of the subcontractor's cmployccs. Any notice of cancellation or
non-renewal of all Workers' Compensation policies must be received by the City at
least thirty (30) days prior to such cbange. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses
a.rising from work performed by Consultant for City.
ii. G(!J).'!r'!LLi.abili~ Coverage. Consultant shall maintain cormnereial general
liabi lity insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form 01' other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be pcrfOlmed
under this Agreement or the general aggregate limit shall he at least twice the
required oecurrence limit.
iii. AutQmQQ!!~ Llabilitv COY~!!lgc. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities ofthe
Consultant arising out of or in connection with the work to be perfomled under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Profese!.QIl,,1 Liability C.Qyerag\:. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligcnt acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or sub consultants. The amount of this insurance shall not
be less than one million dollars ($1,000,000) on a claims-made ill"l!wal aggregate
basis, or a combined single limit per occurrence basis.
b. Endorset1;1.cnts. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best's ratiug of no less than A:VlI and shall bc endorsed with the
following specific language:
i The City, its electcd or appointed officcrs, ollieials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability mising out
of work performed by or on behalf of the Consultant, including materials, parts or
equipment furnished in cOlmection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, of11cials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
5
~)L.U
....~J
Ill. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits ofliability
of the insuring company.
IV. The insurer waives all rights of subrogation against the City, its elected or
appointcd officers, officials, employecs or agents.
v. Any failure to comply with reporting provisions ofthe policies shall not affect
coverage provided (0 the City, its elected or appointed officers, officials, employees,
agents. or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
eancelcd, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deduetibles and Self.lnsured Retentions. Any deduetibles or seU:insured retentions
mllst be declared to and approved by the City. At the City's option, Consultant shall demonstrate
financial capability for payment of such deductibles or self. insured retentions.
d. Certificates gf Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage reqnired herein. Certificates of
such insurance shall be filed with the City on or before commencement of perfommnee of this
Agreemcnt. Current certi fication of insurance shall be kept on file with the City at all times during
the term of this Agreement.
16. .!iQtices. Any notice requircdto be given under this Agreement shall be in writing and either
servccl 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 deemccl communicated within 48 hours from the
time of mailing ifmailed as provided in this section.
If to City:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant:
Bureau Veritas, Berryman & Henigar
Attn: Regional Chief Executive
11590 West Bel'1lardo Conrt, Suite 100
San Diego, CA 92127.1624
] 7. Entire 1\,greem".l!1. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Amendments. This Agreement may be modificcl or amended only by a written document
executed by both Consultant and City and approvccl as to form by the City Attomey.
6
(i":">,. . j'(;,;, '.;:'. "J. I
, \ ,,"".... II.. . < \ ~ ~_". !', '>F, ""',' iJ.~.,. e,'c.
.'. . . ~' .~3
. l?~(tr" v {lj...:..;l
, ~ ~'~.",-....",.-,...",.. ~6. '~__'_"k"__'~'
19. Assignlllent 1\nd Subgpntraetit\g. Tbe parties recognize tbat a substantial inducement to City
for entering into tbis Agreement is tbe professional reputation, experience and competence of
Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City
for all acts or omissions of any subcontractors. AssiglUnents of any or all rights, duties or obligations
oFthe Consultant under this Agreement will be pcrmitted only with the express consent of the City.
Consultant shall not subcontract any portion of the work to be perfol1ned under this Agreement
except as provided in Exhibit D without the written authorization of the City. If City consents to
such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those
subcontractors. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to payor to see to the
payment of any monies due to any such subcontractor other thall as otherwise is required by law.
20. Waiver. Wai vcr of a breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
21. S.everability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attol11eys' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
.entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attomeys' fees.
24. Mediation. The pwties agree to make a good faith attempt to resolve any disputes arising out
of this Agreement through mediation prior to commencing litigation. The parties shall mutually
agree upon the mediator and share the costs of mediation equally. If the parties arc unable to agree
upon a mediator, the dispute shall be submitted to JAMSIENDlSPUTE ("JAMS") or its successor in
interest. JAMS shall provide the parties with the names oftive qualified mediat.ors. Each party shall
havc the option to strike two of the five mediators sclected by JAMS and thereafter the mediator
remaining shall hear the dispute. lfthe dispute remains ulli'esolved after mediation, either party may
commence litigation.
25. Executioq. This Agreement may be executed in several counterpart" each of which shall
constitute one and the same instrument WId shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Ah'feement, it shall not
be necessary to produce or account for more than one such counterpart.
26. Authority to Ente~_Agreement. Consultant has all requisite power and authority to conduct its
business and to execute, deli ver, and perform the Agrcement. Each pwiy 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.
7
.hr';C;'o!I"'.;, l~~rn:-! ,-.~,.~ ] I
r:';J~\";,",'/'<1 . fl;.~I',,! i-..i.....,,,,, .;""
I?A(jf.....2..- OF 33___
27. PrQhi.!li!-"f! Interests. Consultant maintains and warrants that it has not employed nor retained
any eompany or person, other than a bona fide employee working solely for Consultant, to solieit or
secure this Agreement. Further, Consultant wan-ants that it has not paid nor has it agreed to pay any
eompany or person, other than a bona fide cmployee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gi ft 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 teml of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain any present Or anticipated material benefit arising therefrom.
28. fujuaLQr1QQ11Unitv Emplovment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee Or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, reemitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines cun-ently in effect or
hereinafter enacted.
_ IN WITNESS WH,EREOF the patties have caused this Agreement to be executed as of
_ ~<,brc}(~J'1{ +:.~_, 2006.
CONSULTANT:
8
,i\G;:'~;\1Dft r: i:::;;\J! L~"
, . '.'. ~"'.
11
"""'''.M4,''",,_,~,~,~
OF .33
.~---~-
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers' Compensation Insurance
Exhibit 0 - List of Subcontractors
,. " ",'" ") )
..... _,0_' ",_, ," . )
AGl~Nuh It C:-,i ,'; .,1. "w,".,.,." ,.'.;...._c-"..~
" ...."'''' II OF .33~
TI"\U....._.__ -
EXHIBIT "A"
SCOPE OF SERVICES
CITY OF LAKE ELSINORE
Consultant shall perform the following tasks:
I. DEFINITIONS
As used in this Agreement, the following definitions shall be applicable;
1. Consultant. Consultant shall mean Bureau Veritas/Berryman & Henigar located at 11590
West Bernardo Court, Suite 100, San Diego, CA 92127.
2. City. City shall mean the City of Lake Elsinore, a municipal corporation, located at 130
South Main Street, Lake Elsinore, CA 92530.
3. City Council. City Council shall mean the City Council of the City of Lake Elsinore.
4. Services. Services shall mean the services to be performed by the Consultant pursuant to
this Agreement.
5. Satisfactory. Satisfactory shall mean satisfactory to the City Manager of the City of Lake
Elsinore or his/her designee.
II. PLAN CHECK SERVICES
In checking of IMPROVEMENT PLANS, Consultant shall perform the following work for each
project: There procedures may be modified as deemed necessary when mutually agreed upon.
This does not include traffic signals, traffic signal facilities, signing and striping.
1. Upon initial receipt of a request for plan check, the City shall perform a preliminary review of
the plans to ensure. that complete plans are submitted before forwarding them to the
Consultant.
2. The Consultant shall pick up plans for checking immediately from the Date of Notification by
the City to do so.
3. From the time of pick-up of plans from the City to delivery back to the City, the Consultant
shall complete each check within 10 working days. Large plan sets may require more time
as agreed to by City.
4. Determine if the plans are in conformance with applicable conditions of approval and any
approved tentative map.
5. Check hydrology and hydraulic calculations, and the design of any storm drain system.
6. Determine any diversions, concentrations or increases in drainage flow, and any potential
for damage to off-site property resulting from such drainage.
7. Determine requirements for any off-site easements and whether they have been obtained.
A 1.,..,....,. .,', "1
r>:.:',: -1I'" ",,1 'v ,_ J
A;"t<:'h,,,,,I' >1_.'''' '.".,.""""""", .".,,,,,,,,,,.,",,,,
~ c" 3.3
- jr'_.__,._~
8. Determine any encroachments on adjacent property.
9. Check stopping sight distance, horizontal radius, and vertical curves on streets as
applicable. Check for street lights, paving sections and superelevation.
10. Determine that the plans as submitted are in conformance with the Municipal Codes and
other applicable standards used by the City (Riverside County and Lake Elsinore Design
Manuals).
11. Determine that the improvement plans are in conformance with the approved grading plan
and final map, if applicable to the project. A copy of the grading plan and final map will be
furnished with the improvement plans.
12. Determine the accuracy of the quantity calculations and the list of quantities.
13. Review plans for conformance with applicable City Codes, Lake Elsinore General Plan
Standards, written policies, improvement plans, final map, and other adjacent improvement
documents furnished by the City.
14. Provide up to four plan checks. If more plan checks are required, the City may collect
additional fees.
In checking of GRADING PLANS, Consultant shall perform the following:
1. Determine if the plans are in conformance with applicable conditions of approval and any
approved tentative map.
2. Determine if the general format for the plan is in conformance with the City of Lake Elsinore
requirements.
3. Compare the grading plan with the recommendations in the soils report provided and check
that the specifications and details in the soils report are included in the plans.
4. Compare the grading plan with the grading shown on any tentative map.
5. Compare the grading pian with the improvement plans for the project.
6. Compare the grading plan with the approved environmental information.
7. Check for the following technical items:
1. Slope setback from property line per grading ordinance.
2. Identification of property and easement lines.
3. Amounts noted for excavation, fill and import or export (cubic yards).
4. Cut slope and fill slope ratios.
5. Existing contours.
6. Final grades shown by contours or spot elevations.
7. Location of cut and placement of fill (daylight and limit lines shown on the plan).
8. Typical lot drainage.
9. Typical berm or swale at the top of the fill.
10. Typical brow ditch.
11. Terrace drains.
. . "'^ '~'.".. 31
At:.h.ii0...LJ,", '~'.'hi ,';1.,"" e.,.,",
.~,
CF
12. Percent of grade of streets and driveways, length of vertical curves.
13. Horizontal and vertical site distance; cross check this with improvement plans.
8. Check hydrology and hydraulic calculations, and the design of the drainage system.
9. Determine any diversions, concentrations or increases in drainage flow, and any potential
for damage to off-site property resulting in such drainage. Check for adequate capacity of
brow ditches and down drains.
10. Check for non-erosive velocities at point of discharge or adequate energy dissipation.
11. Review erosion control measures and check for conformance with applicable codes and the
City's Erosion Control Standard Plan.
12. Review plans for conformance with applicable City Codes, Lake Elsinore General Plan
Standards, written policies, improvement plans, final map, and other adjacent improvement
documents furnished by the City.
13. Provide up to four plan checks. If more plan checks are required, the City may collect
additional fees.
In checking of FINAL MAPS, Consultant shall perform the following:
1. Check for compliance with Subdivisions Map Act, the Land Surveyors Act and City
ordinances.
2. Determine that the map is in conformance with applicable conditions of approval and the
approved tentative map.
3. Check that the format is in compliance with the City requirements.
4. Check Title Report and Subdivisions Guarantee, and verify that all easements are noted on
the map, the legal description conforms with the map, and all parties required to sign the
map have done so.
5. Check traverse closure for lots, blocks, and boundaries and easements for acceptable
closures.
6. Provide up to four plan checks. If more plan checks are required, the City may collect
additional fees
III. OTHER SERVICES
Consultant shall provide other services not described herein upon request of the City. These
services may include but are not limited to initial plan review entitlement processing, design,
construction contract administration, construction inspection, building safety, and infrastructure
management. The performance of these services shall be compensated on a time-and-
materials basis in accordance with the latest "Schedule of Hourly Rates" as detailed in Exhibit
"B-1"or a fixed lump sum fee as mutually agreed upon prior to the start of work. The Schedule
of Hourly Rates" is subject to annual adjustment.
ITEM !~C<
IV. STANDARD PROVISIONS
Consultant shall not have control over or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety precautions and programs
in connection with the work, since these are solely the construction contractor's responsibility.
Consultant shall not be responsible for the construction contractor's schedules or failure to carry
out the work in accordance with the contract documents. Consultant shall not have control over
or charge of acts or omissions of the construction contractor, construction subcontractors, or
their agents or employees, or of any other persons performing portions of the construction work.
Consultant shall have no responsibility for the discovery, presence, handling, removal or
disposal of or exposure of persons to hazardous materials in any form at the project, including
but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic
substances.
The review and approval of documents are for the limited purpose of checking for conformance
with information given and the design concept shall not constitute approval of construction
means, methods, techniques, sequences or procedures, or for safety precautions and
programs.
. A'o'"" r'o" "t' "3)
-,,;1.i;;..\il) t\ . ,<,.!\i ;" ..'. .,.,,_"',.v""c,-"'."".~,
"'!l-f'.'lr: 15 OF '1L--
t .'\..,....____~ ......
Work Item
Plan Check Services
Improvement Plans
Grading Plans
Final Map
Other Services
EXHIBIT "B"
FEE FOR PROFESSIONAL SERVICES
CITY OF LAKE ELSINORE
Method of Compensation
65% of City Fees
65% of City Fees
80% of City Fees
Time and Materials basis in accordance with
the latest "Schedule of Hourly Rates" as
detailed in Exhibit "B-1" or a fixed lump fee as
mutually agreed upon prior to the start of
work. The "Schedule of Hourly Rates" is
subject to annual adjustment.
1T1:-;\1) t'
,,,',,,,,,
. 3!."H
EXIIIDlT "B-1"
(1-
;; ,
. .
J
=~..'";;;
Schedule of Charges - San Diego Office
January 3, 2006 through December 31, 2006
Billing Title
Hourly Billing Rates
Sr. Associate $156
Associate $146 -
Sr. Engineer .__j139_... ............................
~~eer V $134
EMineer IV -- $124
Ennineer lIi---' $113
._E!'.9Ineer II --- ....---...----..-- $98
- --.----.-
Enoineer I $88 ...-------
-'Enaineerina Assistant -'$82
'beSiOner II --- ... ...:~l!.Q8
OeSiOner I ~.~!l_
Plan Checker IV --_.. .'---'.- $129
".-........ $118 -._--
Plan Checker III -,-..
Plan Checker II $108
Plan Checker I $98 ....-- .....-
".--.
Iknym~n & Hcnlg'T
Billing Title
Hourly Billing Rates
Technician IV _..- $77
..--.--.---
Technician III ..-..-......-- . $67
Technician II - ......--
$57
Technician I ___.._m__
$52
'-Senior Survey Analysf _..............- $11JL '---..'-'-'"
.......---
._?urv~y Analyst II .. $101 ..........---
Survev Anal~. ..... $87 --
iJJl~g'?ctor ".... $93 -...-...-
.c::t'OD Operator II ..--. $93
CADD Operator I $82 .-.....
- Word Processor III $86
WP III Contracts SoISI.- .-- $68
Word Processor I . -....-
$57 .-.-..
Professional Reimbursement
The hourly billing rates include the cost of salaries of the B&H employees, plus sick leave, vacation,
holiday and other fringe benefits. The percentage added to salary costs includes Indirect overhead costs
and fee (profit). All employees classified as "non-exempt" by the U.S. Department of labor will be
compensated at 1-112 times salary, as per state and Federal wage and hour laws. Billing rates will be
calculated accordingly for these overtime hours.
Direct Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost
plus twelve percent for items such as:
a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the
work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services.
c. Rented vehicles, local public transportation and taxis, travel and subsistence.
d. Specific telecommunications and delivery charges.
e. Special fees, insurance, permits, and licenses applicable to the work.
f. Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for employee-owned vehicles used in connection with the work will be at the rate of $0.50
per mile.
Other in-house charges for prints, reproductions and equipment use, etc. will be at standard company
rates.
The foregoing Schedule of Charges Is incorporated into the agreement for the services provided, effective
January 3, 2006 through December 31, 2006, and will be adjusted thereafter.
T;\LAKE ELSINOREIContract6\Bbcby Conlr8ct ll1to & forms\BilUog Rill" 2006,dac
'"'WA "71:'" t'O :;J I
A\.lE"u !, ,._W, "" . "-J..-'"'",,".~,,
Ii C'"")<
PAGE______ j,"."".;~.c.,.
EXHIBIT "D"
LIST OF SUBCONTRACTORS
[INSERT]
,",,'co,," ? I
~) L~(';l ,':'\,,'. ~,,~...J.. .
.~ . 18 v,:p
" "Ane (,.' ,~-;""M"'_
f; ",r,.:;;__.._""
AGREEMENT FOR PROFESSIONAL SERVICJ<:S
This Agreement for Professional Services (the "Agreement"), dated for identification
purposes only as of February 09, 2006, by and between the City of Lake Elsinore, a municipal
corporation ("City") and I-Iarris & Associates ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services
which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge
to provide the services described in this Agreement on the tenns and conditions described herein.
C. City desires to retain Consultant to render professional consulting services and related work
as set forth in this Agreement.
AGREEMENT
I. Scope of Services. Consultant shall perfonn the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Consnltant shall provide said services at the
time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its
staff that it may provide from time to time.
2. Tim<e.Qfl'er(ormance. '1be services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of three (3) years, subject to annual review by the City
Council.
3. Compensati()!.1. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges sct forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $150,000 without additional
authorization from the City Manager. Payment by City undcr this Agreement shall not be deemed a
waiver of defects, even if such defects were known to the City at the time of payment.
4. Meth()<!gfPavment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were perfonned, the number of hours spent and by whom,
and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days
after approval of the monthly invoice by City staff.
5. Extra Wor". At any time during the term of this Agreement, City requests that Consultant
perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to
be necessary for the proper completion of the Project, but which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor
be compensated for, Extra Work without written authorization from City. Extra work will be
invoiced separately from services performed in accordance with the Scope of Services.
.
AC~A ITEM NO. ] I
PAaE..!LOF ~_.
..
Contr.act/Agreement
No. 1899-
6. Terminat!()ll' 'Illis Agreement may be terminated by the City immediately for causc or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Q).Vnership of Documents. All plans, studies, documents and other writings prepared by and
for Consultant, its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notepad internal documents, shall become the propel1y of the City
upon payment to Consultant for such work, and tile City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City upon written request. City acknowledges that any use of such materials in a manner
beyond the intended purpose as set forth herein shall be at the sole risk of the City. City fm1her
agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees
and volunteers from auy claims, demands, actions, losses, damages, injuries, and liability, direct or
indirect (including any and all costs and expcnses in connection therein), arising O\lt of the City=s
use of such materials in a manner beyond the intended purpose as set forth herein.
a. Licensing of Intellegtual Property. This Agreement creates a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and
other documents or works of authorship fixed in any tangible medium of expression, including but
not limited to, physical drawings or data magnetically or othcrwise recorded on computer diskettes,
which are prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require that all subcontractors agree in writing that City is granted a
nonexclusive and perpetual Iiccnse for any Docmnents & Data the subcontractorpreparcs under this
Agreement. Consultant rcpresents and warrants that Consultant has the legal right to license any and
all Documents & Data. COllSultant makes no such representation and warranty in regard to
Docmnents & Data which were prepared by design professionals other than Consultant or provided
to Consultant by the City. City shall not be limited in any way in its usc of the Documents & Data at
any time; provided that any such use not within the purposes intended by tins Agreement shall be at
City's sole risk.
b. Confjgeutia1in:. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written infonnation, and other Documents &
Data either created by or provided to Consultant .in connection with the performance of this
Agreement shall be held confidential by Consultant. Such materials shall not, without the prior
written consent of City, be used by Consultant for any purposes other than the performance of the
services under this Agreement. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the services under this Agreement. Nothing furnished to
Consultant which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name or insignia,
photographs relating to project for which Consultant's services are rendered, or any publicity
pertaining to the Con~wtant's services tmder this Agreement in any magazine, trade paper,
newspaper, television or radio production or other similar medimn without the prior written consent
of City.
2
'~,"'f' JJ
t 1.;;1\,. f';^~;. ,~i< ",' '"'",..,",...."~
'l..t:) or.
8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditores and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultaut' s business, City may, by
written request by any of the above-uamed officers, require that custody of the records be given to
the City and that the records and documents be maintained in City I-Iall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's suceessor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and
services agreed to be performed, shall act as and be an independent contractor and shall not act as an
agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other
benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may
have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and reprcsents 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 dcgree by the performance of Consultant's services hereunder. Consultant further
covenants and represents that in the performance of its duties hereunder no person having any such
interest shall perform any services under tltis Agreement.
Consultant is not a designated cmployee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to hislher rendition of
information, advice, recommendation or counsel independent of the control and direction of the City
or of any City official, other than nonnal agreement monitoring; and
3
AC.GND~\ 1Tl;,l'f, "..;.3 I
" 'M"'''''' I OF ..':~.:.L--.-
rf''''Io;J~.._--
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
II. Professional Ability of Consultant. City has relied upon the professional training and ability
of Consultant to perform the services hereunder as a material inducement to enter into this
Agreement. Consultant shall therefore provide properly skilled professional and technical personnel
to perform all services under this Agreement. All work performed by Consultant under this
Agreement shall be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply
with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Consultant to practice its profession. Consultant represents and warrants to City that Consultant
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant
to practice its profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers,
officials, agents, employees and volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the performance of this Agreement or its failure to comply with
any of its obligations contained in this Agreement, except for any such claim arising out of the sole
negligence or willful misconduct of the City, its officers, agents, employees or volunteers.
15. Insurance Requirements.
a. Insurancc. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for hislher employees in
accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractor to similarly maintain Workers' Compensation Insurance
. and Employer's Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's employees. Any notice of cancellation or
non-renewal of all Workers' Compensation policies must be received by the City at
least thirty (30) days prior to such change. The insurer shall agree to waive all rights
of subrogation against City, its officers, agents, employees and volunteers for losses
arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
4
I,,,..,) "'j" J I "
AG~.;Ji\$DA ~ ::::1'0'. 1\ ~:. ,,~",. "',,,.=,,"~,,;..~, :
PAOE~ 01'_1-1---
either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twiee the
required occurrence limit.
111. Aut()mobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities ofthe
Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional !,iability Cover~~. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not
be less than two hundred and fifty thousand dollars ($250,000) on a claims-made
annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall
be with insurers possessing a Best=s rating of no less than A:VIl and shall be endorsed with the
following specific language:
i The City, it~ elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional insureds with respect to liability arising out
of work performed by or on behalf of the Consultant, including matcrials, parts or
equipment furnished in cornlec/ion with such work or operations.
ii. This policy shall be considered primary insurancc as respects the City, its
elected or appointcd officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any sclf-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
III. lbis insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits ofliability
of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
vi. 'The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days writtcn
notice has been received by the City.
5
3
"r'"~ ~ <~ y-r.
l.t,..;. <'n.'^"",,,. ".1
IPAQE,.:~.J_,..
c. !?eductill.les .~<!1i.elf:Ill!':ured Retentions. Any deductibles or self.insured retentions
must be declared to and approved by the City. At the City's option, Consultant shall demonstrate
financial capability for payment of such deductibles or self. insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agrccmcnt. Currcnt certification of insurancc shall bc kept on filc with the City at all times during
the tenn of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either
served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other
party at the address set f0l1h below. Notice shall be deemed communicated within 48 hours from the
time of mailing if mailed as provided in this section.
If to City:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant:
Harris and Associates
34 Executive Park, Suite 150
Irvinc, CA 92614-4705
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications, including
correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Am!'!!.<!n1ents. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment I!nd.~:UQ2.ontracting. The parties recognize that a substantial inducemenlto City
for entering into this Agreement is the professional reputation, experience and competence of
Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City
for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
obligations of the Consultant under this Agreement will be pemitted only with the express consent
of the City. Consultant shall not subcontract any portion of the work to be performed under this
Agreement except as provided in Exhibit D without the written authorization of the City. IfCity
consents to such subcontract, Consultant shall be frilly responsible to City for all acts or omissions of
those subcontractors. Nothing in this Agreement shall create any contractual relationship between
City and any subcontractor nOr shall it create any obligation on the part of the City to payor to see to
the payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver ofa breach or default under this Agreement shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agreement.
6
p,....'. I....... 'CC", ]/
,'> :' ~ . t ,-"I'" I"", '
.\,~:;;J\;vt. . ,L..(, . " ',< . "~".""".,~,,,,,",_"',_.,,~.
2'1 OF
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by
the laws of the State of California and any action brought relating to this Agreement shall be held
exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its reasonable litigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
24. Medi.ilH.9.1!. 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 JAMSIENDISPUTE ("JAMS") or it~ successorin
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall
have the option to strike two of the five mediators selected by JAMS and thereafter the mediator
remaining shall hear the dispute. Ifthe dispute remains unresolved after mediation, either party may
commence litigation.
25. Execution. This Agreement may be executed in several eowlterparts, each of which shall
constitute one and the sanle instrument and shall become binding upon the parties when at least one
copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more than one such counterpart.
26. Authority toJ~CJ.!.~[f\greement. Consultant has all requisite power and authority to conduct
its business and to execute, deliver, and perfonn the Agreement. Each party warrants that the
individuals who have signed this Agreement have the legal power, right, and authority to make this
Agreement and to bind each respective party.
27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for Consultant, to solicit 01
secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City, during the term of his or her service with City, shall have any direct interest in
this Agreement, or obtain allY present or anticipated material benefit arising therefrom.
28. &tuat Opportunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recmitment advertising, layoff or termination.
7
AUl;;;.NDA ; TL::i'/
31
". of<_3,~_~.
C0l1sIIIIal11 shall also comply wilh all rdevant provisIOns of City's Minorily Business Enlerpri,e
program. Affnmalive AClion Plan Or other related plOgrams 01 gUHJelines eUfTenlly in eHecI OJ
hereinafter enaeled
IN WITNESS WHEREOF, the parlies hereto have executed this Agreemenl on lhe dat<,s set
forth below.
"CITY'
CJTY OF LAKE ELS1NORE,
a municipal corporation
Dated ~~......
.2006
By:
,...---..
ATTEST:
u.;-c~~ -Ji-
APPROVED AS TO FORM:
"CO]\'
, 2006
By:
~
Dated:
Edgar E Edwards, PE
Vice President
Harris & Associates
At1aehments:
Exhibit A . Scope of Services
Exhibit B - Fee Schedule
Exhibit C. Certificate of Exemption from Workers Compensation Insurance
8
AGE,NDA nI:II.1I\lO. 'J I --
'i ~ C'I" '3"'
--"';"...,"".. '-"'""""'~--'
EXHIBIT "A"
SCOPE OF SERVICES
As outlined in "proposal to provide on-call professional services" dated 1/31/06,
and summarized in the following attachment.
c..." "I"' 3L
"""-", "
f"t"hl f,.,,! "",,,,,,_,,,,,,,,,_,,,,'~
'J., '7 nr
""~",,,""""~ .
AGREEMENT FOR PROFESSIONAL SERVICES
EXHIBIT "An
SCOPE OF SERVICES
Provide Professional Engineering Services under the general direction of designated
City staff as follows:
Public Works Inspection
Provide construction inspection services, under the direction and oversight of City
staff as designated by the City Engineer. Inspection services shall include City capital
improvement projects, public and private improvements. Construction under City
permit, development agreement, or other City authorization.
Staff Auamentation
Provide staff augmentation services under the direction and oversight of City staff as
designated by the City Engineer. Such services shall include but no be limited to
assisting staff with generating conditions for residential, commercial and industrial
development, recommending approval of development agreements for construction
of public improvements, providing over the counter plan checking services,
processing development applications and assisting the public. Perform other staff
augmentation services as directed.
Map/Pian Checkina Services
Provide map and plan checking services including calculating map and improvement
plan check fees payable to the city based on applicable ordinances, review
engineering cost estimates, review and check tract and parcel maps for compliance
with City requirements and the Subdivision Map Act, check easement documents, on
and off site improvement plans including grading and street improvements, review
hydrology and hydraulics reports including street capacity and catch basin inlet
capacities for conformance with City's drainage master plan, verify compliance with
regulatory requirements and review of drainage improvement plans.
iT"" '''Q 31
ijL;'J.'41 t\;J' ~ ,."""..- ,,""""'--
EXHIBIT "B"
SCHEDULE OF CHARGES
As outlined In "proposal to provide on-call professional services" dated 1/31/06,
attached hereto.
AGSIJDA iTEM
31
"""~"""'=;Im"'",,~,
'2 ~ '"'IS:'
",,,,,",,",,,,,,,,,,,,,,,,,l...,
_J
AGREEMENT FOR PROFESSIONAL SEHVICES
EXHIBIT "B"
SCHEDULE OF CHANGES
On-Call Professional Services
Fees
The following rare table includes our proposed hourly rates, for the 2006 calendar year, to provide
the wide range of services Harris & Associates is prepared to provide the City of Lake Elsinore.
Although most services contemplated represent staff augmentation services at the indicated hourly
rates, fees for other types of services would be as follows;
Building" Safety Plan Check Services
Harris fees would be on a percentage basis as described.
Project Design Services
Design projects are proposed to be negotiated individually based on hourly reates, not to exceed a
specified lump sum price for the established scope of work.
Construction Management Services
Third-party construction management services wOuld be provided on an individual negotiated cost
ptOposal basis.
Standard Hourly Rate Schedule
Construction I Program Management
lob Title Hourly Rate
Project Director ............ .............. ..... ......... ............... ........$200
Project Manager ..............................................................$175
Senior Construction Marlager .........................................$175
Construction Manager ....................................................$150
Senior Resident Engineer ................................................$150
Resident Engineer ...........................................................$135
Construction Engineer ....................................................$125
Scheduling Engineer .......................................................$125
Engineering Estimator ............................. ............ ....... .....$125
Senior Public Works Inspector...........................................$95
Prevailing Rate Inspector ...................................................$95
Public Works Inspector .....................................................$85
Administrative Assistant .... ..... ..... ......... ............. ................$70
1T'~" "0 3/
..1_.\11 it-.."",
.~.."7""'=-._""
_, Harris & Assodates
o
Pase 47
m,1,;L......
On-Call Professional Services
Civil Engineering Design and Public Works Services
Job Title Hourly Rate
Project DireclOr.. .... ....... ............ ... ... ...... ............ ......... .....$200
Senior Project Managet...................................................$175
Project Manager ............................................ ..................$150
Senior Civil Plan Check Engineer ...................................$150
Senior Map/Plan Check Engineer ...................................$150
Senior Project Engineer ...................................................$135
Civil Plan Check Engineer ..............................................$125
Pl'Oject Engineer ..............................................................$125
Senior CADD Technician / CADD Manager ..................$115
CADD Technician ..........................................................$105
Senior Design Engineer ...................................................$120
Design Engineer.. ............. .............. ................ ........ ....... ..$105
Technical Support .............................................................$85
Administrative Assistant....................................................$55
Civil Plan Check and Map Check Services
Services will be performed for a fixed fee that will be billed at percentage of applicable fee collected
by the City Plan Check/Permit Fee Schedule/Other Fee Schedub/Grading Fee Schedule. Form No.
2002,03 revised April 24, 2002 as follows:
Civil Improvement Plans......................:........,....65% of City Fees
Grading Plans.....................................................65% ofCiry Fees
Final Maps .........................................................75% ofCiry Fees
A 5% surcharge fee shall be applicable for "fast rrack" plan checks.
Notesl
1. These individuals include professionals and support personnel who might work on Harris projects.
SUppOI'! personnel include technicians and administrative Staff.
2. These hourly rates will be held through December 31, 2006. The hourly rates will increase
rhereafter by 5% on annual (calendar year) basis.
3. Unless otherwise indicated in the agreement, hourly rates include most direct COSts such as vehicle
usage and mileage, equipment usage (including computer and rclephone), and printing and
copying (except large quantities such as constl'Uction documents fat bidding purposes).
4. Billing tates for independent contractors and hourly employees are determined on a case-by-case
basis.
5. All subconsultant services are subject to a 10% markup.
^' '''''''.. ','." .... 31
~t~G,t'h)l'\ 1;: C.,lil \',;'"", ".,","""'~"'"'"~"".,.'''',,_
('C'
,jr
3
_/ Harns & Assodates
Page 48
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE
I hereby ccrtify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of Cali fomi a
Executed on this __ day of
California.
,200_at___
-'
-..
Consultant
Not Applicable
A,~A
J
EXHIBIT ",)"
LIST OF SUBCONTRACTORS
IINSERT]
Map Checking Services
Right-ol-Way and Survey Associates (RASA)
534 Rancho Terrace
Escondido, Calilornia 92026
Phone (760) 738-8703
Fax (760) 738-0473
'lev \'0 31
; ~n';!~ ,,,,,,,,,,,,,,,,,,,,,,,,_,",,
"'3
I'A(:iE"';!}_ OF -~~'--
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
MA YOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 24, 2006
SUBJECT:
EXTENSION OF TIME FOR TENTATIVE TRACT MAP
NO. 32129
APPLICANT &
OWNER:
THE SAULS COMPANY, THREE STRANDS PROPERTIES
LLC, 742 SUMMIT DRIVE, LAGUNA BEACH, CA 92651,
ATTN: ED SAULS
PROJECT LOCATION
The project site is located approximately two miles northeast of the Interstate l5/State
Route 74 (Central Avenue) interchange, at the southern end of Trellis Lane, south of
Sharon Street, and known as Assessor's Parcel No. 347-110-021 and a portion of347-
110-022.
BACKGROUND
At their regular meeting of August 17,2004, the Plmming Commission considered and
recommended to the City Council approval of Tentative Tract Map No. 32129. On
October 12,2004 the City Council approved the referenced map.
The applicant made a request for an Extension of Time for Tentative Tract Map No.
32129 with an application and letter filed on September 19,2006, prior to the map's
expiration date of October 12, 2006.
DISCUSSION
Pursuant to the California Subdivision Map Act Section 66452.6, and Section
16.24.160 of the Lake Elsinore Municipal Code (LEMC), conditionally approved
tentative tract maps shall expire within 24 months of City Council approval unless an
ACENDA ITEM NO. 31
PACE / _.oF " '1
REPORT TO CITY COUNCIL
EXTENSION OF TIME FOR TTM 32129
PAGE 2 OF 3
extension of time is filed or the map is finaled and recorded. The life of the
subdivision may be extended for up to three (3) years, for a total of five (5) years.
According to Section I6.24.160.C of the Lake Elsinore Municipal Code, the City
Council may require that the land division conform to the applicable requirements in
effect at the time an extension is granted. The following Conditions of Approval have
been revised or added as a result of the Extension of Time:
Planning Department
Add a new Condition: The applicant shall provide to the Community Development
Director within 30 days of approval, afinal approved version of the project in digitized
format.
Add a new Condition: The developer shall provide landscaped areas on both sides of
any access roadways within the tract, and the landscaped areas shall be maintained by
the HOA.
Add a new Condition: The applicant shall place a weatherproof 3 ' X 3 ' sign at the
entrance to the project site identifYing the approved days and hours of construction
activity, and a statement that complaints regarding the construction activity can be
lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124.
Add a new Condition: Prior to the issuance of a building permit, the applicant shall
pay the City's Multi-Species Habitat Conservation Plan Local Development Mitigation
Fee in effect at that time.
Engineering Department
Modify # 42. Prior to the issuance of building permits, the Applicant shall pay all
Capital Improvement, TIF, TUMF, Master Drainage Fees and Plan Check fees
(LEMC 16.34) at a rate in effect at the time of building permit issuance.
Add a new Condition: Prior to issuance of building permits, the Applicant shall
construct a secondary access road to the project and said secondary access road shall
conform to Riverside County fire department standards.
AGENC,t\, I,EM NO._ 3~~
PN:;!L~___CiF _~__
REPORT TO CITY COUNCIL
EXTENSION OF TIME FOR TTM 32129
PAGE 3 OF 3
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2006-1'~O approving an
Extension of Time for Tentative Tract Map No. 32129 for a period of one year, based
on the Findings, Exhibits and attached revised Conditions of Approval.
PREPARED BY:
Carole K. Donahoe, AICP, Planning Consultant
APPROVED FOR
AGENDA BY:
A TT ACHMENTS:
I. Exhibit' A' - Vicinity Map
2. Resolution No. 2006- _ approving an Extension of Time for Tentative Traet
Map No. 32129.
a. Revised Conditions of Approval
b. Exhibit 'B' - Full-sized exhibit ofTentative Tract Map No. 32129
c. Exhibit 'C' - Reduction of Tentative Tract Map No. 32129
3. Exhibit 'D' - Letter requcsting Extension, dated Septembcr 19, 2006
4. City Council report datcd October 12, 2004
5. City Council Minutes, Octobcr 12,2004
AGENDA ITEM NO. Jy
PAGE__:2_0F (,'1
_/"'.,
VICINITY MAP
TTM 32129
(APN 347-110-021 AND A PORTION OF 347-110-022)
L______
T--7-- ----- J
~- ------ r lJ ///
II _ '"
C\__-L__ _~;Y./
---
J~,
~/ /'\
)
')
-_//
SUBJECT
PROPERTY
r---
-IT/
i
I
I
__L
"
--''"'---
-j
I
!
JEREMIAH D --[1"-
--------+-----
I
I
I---~--
___.n__.
\_~
I, \____
I--j _J
_J~
r( i
]~I-
r/! i
EXHIB~T.
'f/'
'JI~lI/IIC'jl';
AGEND}\ rfEM NO.... "3;;t;:-.
PflGt'_~OF cP 'J
RESOLUTION NO. 2006-l1o
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING A ONE-YEAR EXTENSION OF TIME
FOR TENTATIVE TRACT MAP NO. 32129
WHEREAS, The Sauls Company has filed an application with the
City of Lake Elsinore for an extension of time for Tentative Traet Map No.
32129, to subdivide approximately 10:1:: acres of unimproved property into
27 residential lots and seven (7) open space lots (the "Project"); and
WHEREAS, the property is located approximately two miles
northeast of the Interstate 15/State Route 74 interchange, at the southern end
of Trellis Lane, south of Sharon Street, and known as Assessor's Parcel No.
347-110-021 and a portion of347-11 0-022; and
WHEREAS, Lake Elsinore Municipal Code section 16.24.160
requires that a land divider wishing to extend the life of a tentative tract map
make a written application to the City Council not less than thirty days prior
to the expiration of the tentative tract map requesting an extension oftime on
the map; and
WHEREAS, the City Council has considered evidence presented by
the Community Development Department and other interested parties with
respect to this item on October 24, 2006.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed
extension of time for Tentative Tract Map No. 32129 prior to making its
decision to extend the life of the map for a period of one (1) year.
SECTION 2. That in accordance with the California Subdivision
Map Act (Cal. Gov. Code ~~ 66000 et seq.) and the City of Lake Elsinore
Municipal Code section 16.24.160, the City Council makes the following
findings for the approval of an extension of time for Tentative Tract Map
No. 32129:
AGENDA ITEM NO. '3::;;)/
PAGE -S OF li
CITY COUNCIL RESOLUTION NO. 2006-_
PAGE20F4
I. The proposed subdivision, together with the provisions for its design and
improvements, is consistent with the City of Lake Elsinore General Plan.
The proposed subdivision is compatible with the objectives, policies,
general land uses and programs specified in the General Plan
(Government Code ~ 66473.5).
a. The design of the Project subdivision and density of 2.5 dwelling units
per acre are consistent with the General Plan designation of Low
Medium Density Residential, which permits up to 6 dwelling units per
acre.
b. The Project proposes single family residential lots ranging in size
from 6,000 square feet to 31,000 square feet, which meet the R-1
zoning minimum requirement.
2. The site of the proposed division of land is physically suitable for the
proposed density of development in accordance with the General Plan.
a. The overall density and design is consistent and compatible with the
aqjacent Ramsgate Specific Plan.
b. The map provides open space areas that protect the natural
topography and views.
3. The effects that the Project are likely to have upon the housing needs of
the region, the public service requirements of its residents and the
available fiscal and environmental resources have been considered and
balanced.
a. The Project is consistent with the City's General Plan. During the
approval of the General Plan. housing needs, public services and
fiscal resources are scrutinized to achieve a balance within the City.
b. The map has been conditioned to annex into Community Facilities
District 2003-01 to offset the annual negative fiscal impacts of the
Project on public safety operations and maintenance issues in the
City.
AGENDA ITEM NO.]}--
PAGE -'-- OF ~
CITY COUNCIL RESOLUTION NO. 2006-_
PAGE 3 OF4
c. The map has been conditioned to annex into Lighting and Landscape
Maintenance District No. I to ojjyet the annual negative fiscal
impacts of the Project on public right-olway landscaped areas to be
maintained by the City, and for street lights in the public right-olway
for which the City will pay for electricity and a maintenance fee to
Southern California Edison.
4. Subject to the attached conditions of approval, the proposed division of
land or type of improvements is not likely to result in any significant
environmental impacts.
a. An Initial Study was prepared for the Project. The Initial Study
identified potentially significant environmental effects, but proposals
made or agreed to by the applicant avoid the effects or mitigate the
effects to a point where no significant effects would occur.
b. When examining the Project in light of the conditions of approval and
mitigation measures, there is no substantial evidence that the Project
may have a significant effect on the environment.
c. Mitigation measures are required to ensure all potentially significant
impacts are reduced to levels of insignificance. Tentative Tract Map
No. 32129 has been conditioned to comply with these mitigation
measures.
5. The design of the proposed division of land or type of improvements is
not likely to cause serious public health problems.
a. Tentative Tract Map No. 32129 is conditioned to comply with all
development standards of the R-I Single Family Residential Zone.
These standards are in place to benefit the public health, safety and
welfare.
6. The design of the proposed division of land or the type of improvements
will not conflict with easements, acquired by the public at large, for
access through or use of property within the proposed division of land.
a. All known easements or requests for access have been incorporated
into the design of Tentative Tract Map No. 32129.
AGENDA [TEM NO. )1-
PAGE LOF-Ia-'!
CITY COUNCIL RESOLUTION NO. 2006-_
PAGE 4 OF 4
b. The adjacent property owner to the east requested access through
Tentative Tract Map No. 32129. .This map has been designed with
"B" Street to stub at the easterly boundary, thereby allowing this
connection.
c. The map has been circulated to City departments and outside
agencies, and appropriate conditions of approval have been applied
to the Project.
SECTION 3. This Resolution shall take effect from and after the
date of its passage and adoption.
PASSED, APPROVED AND ADOPTED this twenty-fourth day of
October, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
AGENDA ITEM NO. 3.1--
PAGE..LOF-0
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A su bdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
PLANNING DIVISION
I. Tentative Tract Map No. 32129 will expire one (1) years from date of the
extension approval unless within that period of time a final map has been filed
with the County Recorder, or another extension of time is granted by the City
of Lake Elsinore City Council in accordance with the Subdivision Map Act
(SMA). Extensions of time (36 months maximum total per the SMA) may be
granted with City Council approval.
2. Tentative Tract Map No. 32129 shall comply with the State of California
Subdivision Map Act and shall comply with all applicable requirements of the
Lake Elsinore Municipal Code, Title 16 unless modified by approved
Conditions of Approval.
3. The applicant shall defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Officials, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Officials, Officers,
Employees, or Agents to attach, set aside, void, or annul an approval of the
City, its advisory agencies, appeal boards or legislative body concerning
Tentative Tract Map No. 32129, which action is brought within the time
period provided for in California Government Code Sections 65009 and/or
66499.37, and Public Resources Code Section 21167. The City will promptly
notify the Applicant of any such claim, action, or proceeding against the City
and will cooperate fully with the defense. If the City fails to promptly notify
the Applicant of any such claim or proceeding, the Applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City.
4. The applicant shall sign and return an "Acknowledgment of Conditions" to the
Community Development Department within 30 days of the Tentative Tract
Map extension approval by the City Council.
Page I of 14
AGENDA ITEM NO. J2:
PAGE~OF ~'1
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
5. The applicant shall provide to the Community Development Director within 30'
days of approval, a final approved version of the project in digitized format.
PRIOR TO FINAL TRACT MAP:
6. The applicant shall comply with all Conditions of Approval prepared by the
Riverside County Fire Department as listed in their transmittal dated March
II, 2004 attached.
7. All lots shall comply with minimum standards of the RI Single Family
Residential zone.
8. A precise survey with closures for boundaries and all lots shall be provided
per the LEMC.
9. Street names within the subdivision shall be approved by the Community
Development Director or designee prior to final map approval.
10. All of the improvements shall be designed by the developer's Civil Engineer
to the specifications of the City of Lake Elsinore.
11. The applicant shall comply with the Mitigation Monitoring Program prepared
for Mitigated Negative Declaration No. 2004-05.
12. The applicant shall initiate and complete the formation of a homeowners'
association, approved by the City, recorded and in place. All Association
documents shall be reviewed and approved by the City and recorded, such as
the Articles of Incorporation and Covenants, Conditions and Restrictions (CC
& R's). The HOA shall be responsible for the maintenance of all open space
areas and maintenance easement areas.
Page2of14
AGENDA ITEM NO..J2;:
PAGE 10 OF 4.-j
CONDITIONS OF APPROVAL F'OR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seveu (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
a. In the event that the Homeowners' Association fails to meet its
responsibilities with regards to the maintenance of open space areas,
the Lighting, Landscaping and Maintenance District shall
automatically provide such maintenance and assess the individual
property owners for such service.
b. The developer shall provide landscaped areas on both sides of any
access roadways within the tract, and the landscaped areas shall be
maintained by the HOA.
13. The Final Map shall identifY downslopes adjacent to streets as HOA
Maintenance Easements. All HOA Maintenance Easements shall be planted,
irrigated and maintained by the HOA.
PRIOR TO GRADING AND BUILDING PERMITS:
14. Construction shall be restricted until adjacent subdivisions have developed or
the applicant obtains arrangements with adjacent property owners to provide
fuel modification zones for this project.
15. The City's Noise Ordinance shall be met during all site preparation activity.
Construction shall not commence before 7:00 a.m. and shall cease at 5:00
p.m., Monday through Friday. Construction activity shall not take place on
Saturday, Sunday or any legal holidays.
16. The applicant shall place a weatherproof 3' X 3' sign at the entrance to the
project site ident{fj;ing the approved days and hours of construction activity,
and a statement that complaints regarding the construction activity can be
lodged with the City of Lake Elsinore Code Enjorcement Division at (951)
674-3124.
Page 3 of 14
AGENDA ITEM NO. 32;:
PAGE 1/ OF_l..!1
CONDITIONS OF AI'I'ROV AI, }<'OR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
17. Upon violation by applicant of the City's Noise Ordinance or Condition of
Approval # 15, applicant shall cease all construction activities and shall be
permitted to recommence such activities only upon depositing with the City a
$5,000 cash deposit available to be drawn upon by the City to fund any future
law enforcement needs that may be caused by potential project construction
violations and the enforcement of the City's Noise Ordinance and Condition
of Approval #14. The applicant shall replenish the deposit upon notice by the
City that the remaining balance is equal to or less than $1,000.
18. Prior to the issuance of a building permit, the applicant shall pay the City's
Multi-Species Habitat Conservation Plan Local Development Mitigation Fee
in effect at that time.
19. The applicant shall comply with the requirements of the Lake Elsinore Unified
School District under the provisions of SB 50, wherein the owner or developer
shall pay school fees or enter into a mitigation agreement prior to the issuance
of a certificate of compliance by the District.
20. The applicant shall provide connection to public sewer for each lot within the
subdivision. No service laterals shall cross adjacent property lines and shall be
delineated on engineering sewer plans and profiles for submittal to the
EVMWD.
21. All storm drains are to be maintained in accordance with the cooperative
agreement with the Riverside County Flood Control and Water Conservation
District.
a. The homeowners' association shall maintain water quality basins,
landscaping, and open space drainage.
22. The developer shall submit plans to the electric utility company for a layout of
Page 4 of 14
AGENDA ITEM NO. 32'
PAGE&OF-'--1
CONDITIONS OF APPRO V AL :FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 rcsidentiallots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
the street lighting system. The cost of street lighting, installation as well as
energy charges shall be the responsibility of the developer and/or the
Association until streets are accepted by the City. Said plans shall be approved
by the City and shall be installed in accordance with City Standards.
23. The applicant shall meet all requirements of the providing electric utility
company.
24. The applicant shall meet all requirements of the providing gas utility company.
25. The applicant shall meet all requirements of the providing telephone utility
company.
26. A bond is required guaranteeing the removal of all trailers used during
construction.
27. All signage shall be subject to Planning Division review and approval prior to
installation.
28. Landscape Plans for the tract shall include vegetative screening of all retention
basins.
29. Any alterations to the topography, ground surface, or any other site
preparation activity will require appropriate grading permits. A Geologic Soils
Report with associated recommendations will be required for grading permit
approval, and all grading must meet the City's Grading Ordinance, subject to
the approval of the City Engineer and the Planning Division. Analysis of
impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim
and permanent erosion control measures are required. The applicant shall bond
100% for material and labor for one (I) year for erosion control landscaping at
the time the site is rough graded.
rage 5 of 14
AGENDA ITEM NO. J.1
PAGE /.1 OF ~
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and sevcn (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
30. Prior to the approval of any final map, the applicant shall submit a phasing
plan if multiple final maps are proposed, which show all phasing lines and the
primary and secondary access for each phase.
PRIOR TO DESIGN REVIEW:
31. All future structural development associated with this map requires separate
Design Review approval.
32. Elevation drawings for Design Review shall include four-sided architectural
features.
33. Slopes on individual lots that are in excess of three feet in height shall be
installed, landscaped and irrigated by the developer prior to the issuance of a
Certificate of Occupancy.
34. A detailed fencing plan shall be required for review and approval during the
Design Review process.
35. A detailed phasing plan shall be required for review and approval during the
Design Review process.
a. Construction phasing plans shall include the location of construction
fencing for each phase.
b. Construction phasing plans shall indicate primary and secondary access
and the location of all utilities for each phase.
Page 6 of 14
AGENDA ITEM NO.J,2:
PAGE Ii. OF __~y
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAl' NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
ENGINEERING DIVISION
36. Provide permission to construct and permission to drain onto adjacent
property from the affected properties.
37. Process a lot line adjustment to include the boundaries of Lot 27 into this
subdivision.
38. Provide documentation that Lot 27 is not a requirement as an open space lot
for the adjacent development.
39. Provide drainage information including outlet details for Lots "C", "0", "E" &
"F".
40. Provide permission to construct the termination point of "B" Street. "B"
Street shall be barricaded and signed as the temporary end of the street.
41. Verify that detention and first flush provisions are provided either on-site or
accounted for on the adjacent project.
42. Modifications to "]" Street shall require permission from affected property.
43. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) prior
to issuance of building permit.
44. Underground water rights shall be dedicated to the City pursuant to the
provisions of Section 16.52.030 (LEMC), and consistent with the City's
agreement with the Elsinore Valley Municipal Water ~istrict.
45. Prior to the issuance of building permits, pay all Capital Improvement, TIF,
TUM}~ Master Drainage Fees and Plan Check fees (LEMC 16.34) at a rate
Page 7 of 14
AGENDA ITEM NO. 3 'J-"
PAGE /5 OF ~
CONDITIONS OF APPROVAL FOR
TENT A TIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) ODCD SDace lots
APNs 347-110-021 and a Dortion of -022
Revised October 24. 2006
in effect at the time of building permit issuance.
46. Prior to issuance of building permits, a secondary access road to the project
shall be construction to fire department standards.
47. Submit a "Will Serve" letter to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have been
made for this project. Submit this letter prior to issuance of building permit.
48. Construct all public works improvements per approved street plans (LEMC
12.04). Plans must be approved and signed by the City Engineer prior to final
map approval (LEMC 16.34).
49. Street improvement plans and specifications shall be prepared by a Calif.
Registered Civil Engineer. Improvements shall be designed and constructed
to Riverside County Road Department Standards, latest edition, and City
Codes (LEMC 12.04 and 16.34).
50. Applicant shall enter into an agreement with the City for the construction of
public works improvements and shall post the appropriate bonds prior to
issuance of Building Permit.
51. Interior streets shall be designed with 9% as the desired grade and intersecting
streets shall meet at a maximum grade of 6 %
52. Pay all fees and meet requirements of encroachment permit issued by the
Engineering Division for construction of public works improvements (LEMC
12.08 and Rcsolution 83-78).
53. All compaction reports, grade certifications, monument certifications (with tie
notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering
Division before final inspection of public works improvements will be
Page 8 of 14
AGEN DA ITEM NO. 32
PAGE Iff, OF.~
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
scheduled and approved.
54. The applicant shall install two (2) permanent bench marks to Riverside County
Standards and at a location to be determined by City Engineer.
55. Applicant shall obtain all necessary off-site easements for off-site grading
from the adjacent property owners prior to final map approval.
56. Arrangements for relocation of utility company facilities (power poles, vaults,
etc.) out of the roadway or alley shall be the responsibility of the property
owner or his agent.
57. Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
58. Developer shall annex to the City's Street Lighting and Landscaping
Maintenance District.
59. Developer shall install blue reflective pavement markers in the street at all fire
hydrant locations.
60. Applicant shall submit a traffic control plan showing all traffic control devices
for the tract to be approved prior to final map approval. All traffic control
devices shall be installed prior to final inspection of public improvements.
This includes No Parking and Street Sweeping Signs for streets within the
tract.
61. All utilities except electrical over 12 kv shall be placed underground, as
approved by the serving utility.
62. Apply and obtain a grading permit with appropriate security prior to building
Page 9 of 14
AGENDA ITEM NO. 3)/
PAGE.LL OF J..!/
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) opcn space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
permit issuance. A grading plan signed and stamped by a Calif. Registered
Civil Engineer shall be required if the grading exceeds 50 cubic yards or the
existing flow pattern is substantially modified as determined by the City
Engineer. If the grading is less than 50 cubic yards and a grading plan is not
required, a grading permit shall still be obtained so that a cursory drainage and
flow pattern inspection can be conducted before grading begins.
63. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
64. An Alquist-Priolo study shall be performed on the site to identify any hidden
earthquake faults and/or liquefaction zones present on-site or provide
documentation from a Professional Geologist or Geotechnical Engineer that
this is not required.
65. A II grading shall be done under the supervision of a geotechnical engineer and
he shall certify all slopes steeper than 2 to 1 for stability and proper erosion
control. All manufactured slopes greater than 30 ft. in height shall be
contoured.
66. Prior to commencement of grading operations, applicant to provide to the City
with a map of all proposed haul routes to be used for movement of export
material. Such routes shall be subject to the review and approval of the City
Engineer.
67. Applicant to provide to the City a photographic baseline record of the
condition of all proposed public City haul roads. In the event of damage to
such roads, applicant shall pay full cost of restoring public roads to the
baseline condition. A bond may be required to ensure payment of damages to
the public right-of-way, subject to the approval of the City Engineer.
Page 1001'14
AGENDA ITEM NO. .3'2--.
PAGE.L.!.. OF ~
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
68. On-site drainage facilities located outside of road right-of-way should be
contained within drainage easements shown on the final map. A note should
be added to the final map stating: "Drainage easements shall be kept free of
buildings and obstructions" .
69. All natural drainage traversing site shall be conveyed through the site, or shall
be collected and conveyed by a method approved by the City Engineer.
70. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations.
71. Meet all requirements ofLEMC 15.68 regarding floodplain management.
72. The applicant to provide FEMA elevation certificates prior to certificate of
occupancies
73. Submit Hydrology and Hydraulic Reports for review and approval by City
Engineer and the Riverside County Flood Control District prior to approval of
final map. Developer shall mitigate any flooding and/or erosion caused by
development of site and diversion of drainage.
74. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally
dumping in the drain system, the wording and stencil shall be approved by the
City Engineer.
75. Roof and yard drains shall not be allowed to connect directly through cuts in
the street curb. Roof drains should drain to a landscaped area when ever
feasible.
76. 10 year stonn runoff should be contained within the curb and the 100 year
storm runoff should be contained within the street right-of-way. When either
of these criteria is exceeded, drainage facilities should be installed.
Page 11 of14
AGENDA ITEM NO. ;)-:)./
PAGE -Li. OF ~ '1
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
77. Applicant will be required to install BMP's using the best available
technology to mitigate any urban pollutants from entering the watershed.
78. Applicant shall provide the city with proof of his having tIled a Notice of
Intent with the Regional Water Quality Control Board for the National
Pollutant Discharge Elimination System (NPDES) program with a storm
water pollution prevention plan prior to issuance of grading permits. The
applicant shall provide a SWPPP for post construction which describes BMP's
that will be implemented for the development including maintenance
responsibilities.
79. If required, the applicant shall obtain approval from Santa Ana Regional
Water Quality Control Board for their storm water pollution prevention plan
including approval of erosion control for the grading plan prior to issuance of
grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP's that will be implemented for the development and
including maintenance responsibilities.
80. Education guidelines and Best Management Practices (BMP) shall be
provided to residents of the development in the use of herbicides, pesticides,
fertilizers as well as other environmental awareness education materials on
good housekeeping practices that contribute to protection of stonnwater
quality and met the goals of the BMP in Supplement "A" in the Riverside
County NPDES Drainage Area Management Plan.
81. Applicant shall provide first flush BMP's using the best available technology
that will reduce storm water pollutants from parking areas and driveway
aisles.
82. Intersection site distance shall meet the design criteria of the CAL TRANS
Page 120f14
AGENDA ITEM NO. J"Y
I'AGE~O_ OF =T1
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) ODeD sDace lots
APNs 347-110-021 and a Dortion of -022
Revised October 24. 2006
Design Manual (particular attention should be taken for intersections on the
inside of curves). If site distance can be obstructed, a special limited use
easement must be recorded to limit the slope, type of landscaping and wall
placement.
83. Arrangements shall be made between the City and the applicant for fiscal
impacts by the project prior to issuance of the first building permit. The
applicant shall participate in a Cost Recovery Program or make other
arrangements with the City to offset the annual negative fiscal impacts of the
project on public safety and maintenance issues in the City, including city-
wide improvements and facilities relating to fire and police protection and
maintenance of roadways.
84. In accordance with the City's Franchise Agreement for waste disposal &
recycling, the applicant shall be required to contract with CR&R Inc. for
removal and disposal of all waste material, debris, vegetation and other
rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
COMMUNITY SIiRVICES DEPARTMENT
85. The applicant shall pay park mitigation fees of $1 ,600 per lot, totaling $43,200
for the project.
86. The developer shall comply with the City's Franchise Agreement for waste
disposal and recycling.
ADMINISTRATIVE SERVICES DEPARTMENT
Page 13 of14
AGENDA ITEM NO. 3y'
PAGE & OF ,"4
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
Revised October 24. 2006
87. Prior to the issuance of the first building permit, the developer shall annex into
Community Facilities District No. 2003-01 to offset the annual negative fiscal
impacts of the project on public safety operations and maintenance issues in
the City.
88. Prior to issuance of the first building permit, the applicant shall annex into
Lighting and Landscape Maintenance District No. 1 to offset the annual
negative fiscal impacts of the project on public right-of-way landscaped areas
to be maintained by the City, and for street lights in the public right-of-way for
which the City will pay for electricity and a maintenance fee to Southern
California Edison.
(Riverside County Fire COAs attached)
(End of Conditions)
Page 1401'14
AGENDA ITEM No.3)'
PAGEe(~ OF ~
,r'"")
03/11/04
12: 46
Riverside County LMS
CONDITIONS OF APPROVAL
Page: 1
Gibrary Conditions
10. GENERAL CONDITIONS
FIRE DEPARTMENT
10. FIRE. 999
CASE - CITY CASE STATEMENT
. DRAFT
With respect to the conditions of approval for the
referenced project, the Fire Department recommends the
following fire protection measures be provided in
accordance with Riverside County Ordinances and/or
recognized fire protection standards: .
JO.FIRE.999
MAP-USO-BLUE DOT REFLECTORS
DRAFT
Blue retroreflective pavement markers shall be mounted on
private streets, public streets and driveways to indicate
location of fire hydrants. Prior to installation, placement
of markers must be approved by the Riverside County Fire
Department.
10. FIRE .999
MAP*-#16-HYDRANT/SPACING
. DAAFT
"j Schedule ~ fire protection approved standard fire
hydrants, (6"x4"x2 1/2") located one at each street
intersection and spaced no more than ~l) feet apart in
any direction, with no portion of any~frontage more
than .~ feet from a hydrant. Minimum fire flow shall be
l~ GPM for 2 hour duration at 20 PSI. Shall include
perimeter streets at each intersection and spaced 660 feet
apart.
50. PRIOR TO MAP RECORDATION
FIRE DEPARTMENT
50. FIRE. 999
MAP-#7-ECS-HAZ FIRE AREA
DRAFT
Ees map must be stamped by the Riverside County Surveyor
with the following note: The land division is located in
the "Hazardous Fire Area" of Riverside County as shown on a
map on file with the Clerk of the Board of Supervisors. Any
building constructed on lots created by this land division
shall comply with the special construction provisions
contained in Riverside county Ordinance 797.
SO. FIRE. 999
MAP*-#43-ECS-ROOFING MATERIAL
DRAFT
Ecs map must be stamped by the Rivereide County Surveyor
with the following note, All buildings shall be
constructed with class "A" material as per the California
AGENDA ~TEM NO. .3 y
--.., PAGE)..~.3 OF!.:!
Library Condi t: ions
50. PRIOR TO M~P RECORDATION
50. fIRE. 999
MAP' ..ff43-ECS-ROOFING MATERIAL (cont.)
DRAFT
Building Cod".
~O. ["IRE. 999
MAP-H004-ECS-FUEL MODIFICATION
DRAFT
ECS map must be stamped by the Riverside County surveyor
with the following note: Prior to the issuance of a
grading permit, the developer shall prepare and submit to
the fire department for approval a fire
protection/vegetation management that should include but
not limited to the fOllowing items: a) Fuel modification to
t'educe fire loading. b) Appropriate fire breaks according
to fuel load, slope and terrain. c) Non flammable walls
along common boundaries between rear yards and open space.
d) Emergency vehicle access into open space areas shall be
provided at intervals not to exceed 1500'. e) A
homeowner's association Or appropriate district shall be
responsible for maintenance of all fire protection measures
within the open space areaa.
ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE
DEPARTMENT FUEL MODIFICATION REQUIREMENT, SHALL HAVE
CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND/OR OTHER
CONSERVATION AGENCY.
50.FIRE.999
MAP-#46-WATER PLANS
DRAFT
The applicant or developer shall furnish one copy of the
water system plans to the Fire Department for review.
Plans shali be signed by a registered civil engineer,
containing a Fire Department approval signature block, and
shall conform to hydrant type, location, spacing and
minimum fire flow. Once plans are signed by the local water
company, the originals shall be presented to the Fire
Department for signature.
50.FIRE.999
MAP-U47-SECONDARY ACCESS
DRAFT
In the interest of Public Safety, the project shall provide
an Alternate or Secondary Access (a) as stated in the
Transportation Deparment Conditions. Said Alternate or
Secondary Access(s) shall have concurrence and approval of
both the Transportation Department and the Riverside County
Fire Department.
)
MAR 15 '04 09:02
9099554885
PAGE. 06
AlIENOA .TEM NO._ 3~
PAGE_p<{.OFC,'''/
MAR 'S 'Y\ll. Vlq:~O
or'loC>C"\<:."r.:"........-..-
I~
03/11/04
12: 46
Riverside County LMS
CONDITIONS OF APPROVAL
Page: 3
.ibrary Conditions
60. PRIOR TO GRADING PRMT ISSUANCE
nR8 D<.PARTMENT
60. FIRE. 999
MAP-#004 FUEL MODIFICATION
DRAFT
Prior to the issuance of a grading permit, the developer
shall prepare and submit to the fire department for
approval a fire protection/vegetation management that
should include but not limited to the following items:
a) fuel modification to reduce fire loading
bl appropriate fire breaks according to fuel load, slope
and terrain.
c) non flammable walls along common boundaries between
rear yards and open space.
d) emergency vehicle access into open space areas shall be
provided at intervals not to exceed 1500 feet
e) a homeowner's association or appropriate district shall
be responsible for maintenance of all fire protection
measures within open space areas.
ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE
DF.PARTM8NT FUEL MODIFICATION REQUIREMENT, SHALL HAVE
CONCURR~NCE WITH THE RESPONBILE WILDLIFE AND/OR OTHER
CONSERVATION AGENCY.
80. PRIOR TO BLDG PRMT ISSUANCE
FIRE DEPARTMENT
aO.FIRE.999
MAP-#50C-TRACT WATER VERI FICA
DRAFT
The required water system, including all fire hydrant: (s),
shall be installed and accepted by the appropriate water
agency and the Riverside County Fire Department prior to
allY combustible building material placed on an individual
lot. Contact the Riverside County Fire Department to
inspect the required fire flow, street signs, all weather
surface, and all access and/or secondary. Approved water
plans must be a the job site.
BO.FIRE.999
MAP - BONDED TO RECORD EARLY
DRAFT
~** No Text Exists For This Condition ***
3]..--
AQENDA ITEM NO,~_. _
PAGE _ ;'.5'.. OF _" '1
MAR ,~ 'Aa 0lq,0\?
"., " . ,-fA,l,,"
CD .... f
~ :>: ';111 ; ,
i'l I CQ :!.. 0 I'
I~tl! ~
II II Ii I .-/ ~ f
Ili.1 fl i .1 ~ ~~jll ~
I! II 'I , .
I '. 'hi i , ...J.
I j, I 'I'. Ii ~ I . ~O)!
! !illl: hU111 ~1!!1 a I. I! IW
~!lIi ~i III o II: I ~ I:. i:::~
is .',
1'!lii1hl!iljb I'll ~~
~ iilll r
Ijlllll:II.1 : I I" 11!3 I ifj
Ii. ~~~ ;to
~ hl"iH1li:1ij n;i, 1 ~ I, ill
!il III ,iI ,111I II , ~!!il! ! filII ~ !I: ' ~~jd~ o ~~I ~ ~h ~:;:
-...,..... ...... '" l:I::! 1 ~ <(( "''''
1I111!!1I II
i.;f'i
\
.,lHl
~. .', . :ii
111111111
111111111
... II
~ ~I ili
~ ~ ill
~ Ii ~ ~
... II ~ ~ ..
:1]1....
;: .' ";
:!:':. :
'!i':t!.
, '.' '. . '''. .,
; : : : rl-ti .~
; ;'1' Ii
:! i Ik'/j!
'il!.'.'..
. .~! '(. ~: i
I'i'. I
;.. i. !;, ~
"!!!,:j :
Ii III i i I
111
Ii ,I;;
Iii
~;
8
;j,
'f,i;~'i .
. \-ii.:
;: /_: :~,
'i Iii !
I
::il::i
'll!
I'"
III
"
.. "r', ~''-', ~ ','" 'c..'
I.,) ['."; .:" n I
''''...,-,~ \.l:i l:; !t",.;/ b v -fit-
..
o
...
~
~! !I
i~ .. ~
., I .
I ! !
f!! I Ii 1111. I
~ II! II! ii, ii, Ii Ii'
~ III Iii II! II! Iii Id
i! Ii ! I i
~~
~.
LETTER FROM THE SAULS COMPANY
September 19,2006
AGENDA ITEM NO. JL
PAGE ;1,7 OF ~
1freSauls
COiiipiiny
September 19,2006
City of Lake Elsinore
Planning Division
130 S. Main Street
Lake Elsinore, CA 92530
To whom it may concern:
This letter is a request for extension of1'T #32129 that was approved by the City Council
on October 14, 2004. This project has been in the Engineering stages and we are
proceeding to resolve the design of the project. One of the issues that require additional
time is to work with the existing homeowner along the western boundary to avoid
unnecessary re-grading of his property in order to accommodate his map design. To this
extent, we have submitted a re-design of the stOlID drain access road and easement and
have requested input from the City Engineer. I greatly appreciate the opportunity to work
with the city and staff on this project and thank you for your consideration of this request.
~---
../.~/.
:,::. /7""
~,..,--.,,--
~--Ed~ s
Member, 'Ibree Strands Property, LLC
Propelty Owner
EXHIB~T__,"
'D /
-~
I-\GHIDA ITEM r~o. :3::)/
PAGE ~J._or. @'/
742 Summit Drive' Suite 100' Laguna BfH3JC!I, California 92657 . (949) 497..543.9. rax (949) 497--8940
Cell Phone (114) 329-5786' Emsil edsauls@COKnet. www.sau/scQ.com
STAFF REPORT TO CI1Y COUNCIL
October 12,2004
AGENDA ITEM NO.]Y
PAGE M OF .6.:1-
CITY OF LAKE ELSINORE
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
RICHARD J. WATENPAUGH, CITY MANAGER
OCTOBER 12, 2004
FROM:
DATE:
SUBJECT:
ZONE CHANGE NO. 2004-01 AND
TENTATIVE TRACT MAP NO. 32129 AND
MITIGATED NEGATIVE DECLARATION NO. 2004-05
APPLICANT:
ED SAULS, THE SAULS COMPANY, 742 SUMMIT DRIVE, SUITE
100, LAGUNA BEACH, CA 92651
WAYNE N. SIMARD, P. O. BOX 5189, CRESTLINE, CA 92323
APROXIMATELY TWO MILES NORTHEAST OF THE
INTERSTATE 15/STATE HIGHWAY 74 (CENTRAL AVENUE)-
INTERCHANGE, AT THE SOUTHERN END OF TRELLIS LANE,
SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S
PARCEL NOS. 347-110-021 AND A PORTION OF 347-110-022.
OWNER:
LOCATION:
REOUEST
· Approval to change the zoning of a portion pf the subject property from "RR Rural
Residential" to "RI single Family Residential;" and
I
I
.'
· Approval of Tentative Tract Map No. 32129 (TTM 32129) to subdivide 10:t: acres of
vacant property into 27 single family residential lots and seven (7) open space lots;
and
. Adoption of Mitigated Negative Declaration No. 2004-05 (MND 2004-05) and the
Mitigation Monitoring Program thereto.
These applications are pursuant to Chapter 17.84 - Amendments, Chapter 17.23 - R I Single
Family Residential District, and Title 16 - Subdivisions, of the Lake Elsinore Municipal Code
(LEMC), and the State of California Subdivision Map Act. The project complies with the
California Environmental Quality Act (CEQA) per Section 15070 (b) - Mitigated Negative
Declarations.
AQENOA ITEM NO.. 3Y_
"- .
. PAGE \30 _OFy1 .
REPORT TO CITY COUI\ L
OCTOBER 12, 2004
PAGE20F3
SUBJECT: ZONE CHANGE NO. 2004-01, TENTATIVE TRACT MAP NO. 32129
AND MITIGATED NEGATIVE DECLARATION NO. 2004-05
..:':.~\
;
BACKGROUND
At their regular meeting of August 17,2004, the Planning Commission adopted Resolution
Nos. 2004-115, 2004-116 and 2004-117, recommending that City Council adopt MND 2004-
05, and approve Zone Change No. 2004-01 and TIM 32129 with Rcvised Conditions of
Approval. Copies of the Planning Commission Minutes, Staff Report, and Revised Conditions
of Approval are attached.
The Commission heard testimony from Mr. Adel Abusarnra who owns property adjacent to
the project site. Mr. Abusamra spoke in favor of the map and thanked Staff.
FISCAL IMPACTS
Residential development of this nature generates a negative fiscal impact to the City.
However, the development has been conditioned to annex into Community Facilities District
(CFD) 2003-01 and Lighting, Landscaping and Maintenance District No. I to offsel the
annual negative fiscal impacts on public safety operations and maintenance including city-
wide improvements and facilities relating to fire and police protection, and .to offset the
negative fiscal impacts on City maintained lighting and landscaping.
ENVIRONMENT AL DETERMINATION
In accordance with Section 15063 of the State California Environmental Quality Act (CEQA)
Guidelines, an Initial Study was prepared to provide the city with information to use as the
basis for determining whether an Environmental Impact Report, Negative Declaration, or
Mitigated Negative Declaration would be appropriate for providing the necessary
envirolUnental documentation imd clearance for this project. The results of the Study
determined that, although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the project
have been made by or agreed to by the project proponent. A Mitigated Negative Declaration
has been prepared.
A Notice of Intent to Adopt a Mitigated Negative Declaration was filed, and a Notice of
Completion & Environmental Docwncnt Transmittal was circulated to interested entities for a
30-day review period. No responses were received. A copy of the Initial StudyIMitigated
Negative Declaration with Technical Appendices, and a copy of the Mitigation Monitoring
Program are included with this Staff Report as Exhibit 'A.'
RECOMMENDATION
Staff recommends that City Council adopt Resolution No. 2004--"2, adopting Mitigated
Negative Declaration No. 2004-05 imd tbe Mitigation Monitoring Program thereto for this
project; adopt Ordinance No. .1 \ ";).~, approving Zone Change No. 2004-01; and approve
AGENDA ITEM NO. Jy'
PAGC31 _oF_.;7
I
/
REPORT TO CITY COUN\.
OCTOBER 12, 2004
PAGE30F3
SUBJECT: WNE CHANGE NO. 2004-0.1, TENTATIVE TRACT MAP NO. 32129
AND MITIGATED NEGATIVE DECLARATION NO. 2004-05
Tentative Tract Map No. 32129; based on Exhibits 'A,' 'B,' 'D,' and the Commission
Findings, and subject to the attached Conditions of Approval.
PREPARED BY:
REVIEWED BY:
Enforcement Manager
APPROVED BY:
APPROVED FOR
AGENDA LISTING BY:
~~ 4--~~41J
Ri rd J. Watenpaugh, City M ' ger
A TI ACHMENTS:
1. Vicinity Map
2. Resolution No. 2004-_J adopting Mitigated Negative Dectaration
No. 2004-05 and the Mitigation Monitoring Program
a. Exhibit' A' - Initial SnldylMitigated Negative Declaration
No. 2004-05 with Technical Appendices, and the Mitigation
Monitoring Program
3. Ordinance No. --' approving Zone Change No. 2004-01
a. Exhibit' B' - Zone Change No. 2004-01
b. Exhibit 'C' - Color Exhibit of Zone Change No. 2004-01
4. Revised Conditions of Approval for Tentative Tract Map No. 32129
a. Exhibit 'D' -. Full-sized Tentative Tract Map No. 32129
b. Exhibit 'E' - Color, reduced IIInstrative of TIM 32129
5. Minutes fTOm Planning COtrunission Meeting of August 17) 2004
6. Planning Commission Staff Report of August 17,2004
(Separate Documents)
(Enclosure)
(Enclosure)
(Enclosure)
AGENDA tTEM NO. 3 '1;-/
PAGE3i<.. OF ~ '1 _
RESOLUTION NO. 2004- Co':)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING
MIITIGATED NEGATIVE DECLARATION NO. 2004-05
AND THE MITIGATION MONITORING PROGRAM
THERETO, FOR ZONE CHANGE NO. 2004-01, AND
TENTATIVE TRACT MAP NO. 32129, ON
APPROXIMATELY IOi ACRES LOCATED
APPROXIMATELY TWO MILES NORTHEAST OF'THE:
INTERSTATE IS/STATE lIlGHWAY 74 (CENTRAL
A VENUE) INTERCHANGE, AT THE SOUTHERN END OF
TRELLIS LANE, SOUTH OF SHARON STREET, AND
KNOWN AS ASSESSOR'S PARCEL NOS. 347"110-021 AND
A PORTION OF 347-110-022.
WHEREAS, an application has been filed with the City of Lake Elsinore by The
Sauls Company to change the zoning designation, and to divide approximately 10j: acres
of unimproved property into 27 residential lots and seven (7) open space lots; and
WHEREAS, Zone Change No. 2004-01, Tentative Tract Map No. 32129 and
Mitigated Negative Declaration No. 2004-05 together comprise the "project" as defined
by Section 21065 of the California Enviromnental Quality Act (CEQA), and the
Califomia Public Resources Code Section 21000 el. seq. defines them as an activity
which may cause either a direct physical change in the envirolUnent or a reasonably
foreseeable indirect physical change in the enviromnent, and which includes the issuance
to a person of a lease, permit, license, certificate, or other entitlement for use by one or
more public agencies; and
WHEREAS, Mitigated Negative Declaration No. 2004-05 has been prepared to
evaluate enviromnental impacts resulting from the project; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular
meeting held on August 17,2004, madc its report upon the desirability of the proposed
. project and made its recommendations in favor of adopting proposed Mitigated Negative
Declaration No. 2004-05 by adopting Planning Commission Resolution No. 2004-115
recommending to the City Council adoption of Mitigated Negative Declaration No. 2004-
05; and
AGENDA ITEM .'f'). ~ ')/'
PAGE_3., OF_ (1 .
RESOLUTION NO. 2004-
MITIGATED NEGATIVE DECLARATION NO. 2004-05
OCTOBER 12, 2004
PAGE 20F3
."),
, - J
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 October
12, 2004;
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The City Council has considered the proposed Mitigated Negative
Declaration prior to making a decision. Pursuant to Section 15063, of the California
Environmental Quality Act.(CEQA), it has been determined that:
I. Based on evaluations and discussions contained in the Initial Study and Mitigated
Negative Declaration, the proposed proj ect has limited potential to degrade the
quality of the environment. The proposed project will not significantly affect the
environment with mitigation measures in place.
2. The proposed project will not have impacts that are individually limited but
cumulatively considerable with mitigation measures in place. Given that the
project impacts are insignificant, cumulative impacts are not foreseen.
3. The proposed project does not have the potential to significantly adversely affect
humans, either directly or indirectly with mitigation measures in place.
SECTION 2. PURSUANT TO THE ABOVE FINDINGS, the City Council of
the City of Lake Elsinore DOES HEREBY RESOLVES that Mitigated Negative
Declaration No. 2004-05 and the Mitigation Monitoring Program thereto are complete
and adequate and provides appropriate environmental documentation for the project, and
fully complies with the requirements of CEQA, the State CEQA Guidelines, and the
City's environmental clearance procedures
J
AlilENDA ~TEM NO. .) J.-.
PAGE d4 "F_~ r
RESOLUTION NO. 2004-
MITIGATED NEGATIVE DECLARATION NO. 2004-05
OCTOBER 12, 2004
PAGE 30F 3
PASSED, APPROVED AND ADOPTED, this 12'h day of October, 2004 by the
following vote:
AYES: COUNC!LMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Thomas Buckley, Mayor
City of Lake Elsinore
ATTEST:
Vicki Lynne Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
(SEAL)
3)-'
AGENDA ITEM NO. .
PAGE_35.OF~ r.,!
ORmNANCE NO. .ll2:. ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE
CHANGE NO. 2004-01, CHANGING TIlE ZONING
DESIGNATION FROM "RR-RURAL RESIDENTIAl)' TO
"Rl- SINGLE FAMILY RESIDENTIAl.," UNDER THE
ZONING ORDINANCE, ON 10:t ACRES LOCATED
AI'PROXIMATEL Y TWO MILES NORTHEAST OF THE
INTERSTATE 15/STATE HIGHWAY 74 (CENTRAL
AVENUE) INTERCHANGE, AT THE SOUTHERN l<:ND OF
TRELLIS LANE, SOUTH OF SHARON STREET, AND
KNOWN AS ASSESSOR'S PARCEL NOS. 347-110-021.
WHEREAS, an application has been filed with the City of Lake Elsinore by The
Sauls Company to change the zoning designation on approximately lOt acres of
unimproved properly from "RR - Rural Residential" to "R-I" Single Family
Residential;" and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular
meeting held on August 17, 2004, made its report upon the desirability of the proposed
project and made its recornrUendations in favor of Zone Change No. 2004-01 by adopting
Planning Commission Resolution No. 2004-116 recommending to the City Council
approval of Zone Change No. 2004-0 I; and
WHEREAS, public notice of said application has been given, and the City
Council has considered evidence presented by the Community Development Depmtment
and other interested parties at a public hearing held with respect to this item on October
12, 2004;
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows: .
SECTION 1. The City Council has considered proposed Zone Changc No. 2004-
01 prior making a decision. The City Council finds and determines that Mitigatcd
Negative Declaration No. 2004-05 is adequate and prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA) which analyzes
environmental effects of the proposed project. Although the proposed project could have
a significant effect on the environment, there will not be a significant effect in this case
because revisions in the project have been made by or agreed to by the project proponent.
J
AGENDA ITEM NO. 3'J.
, .
" PAGE.;}c" _ OF..i '1
ORDINANCE NO.
ZONE CHANGE NO. 2004-01
OCTOBER 12, 2004
PAGE 20F4
Sl<3CTION 2. That in accordance with State j'lanning and Zoning law and the
City of Lake Elsinore Municipal Code, the following findings for the approval of Zone
Change No. 2004-0] have been made as follows:
1. The proposed amendment will no! be (I) detrimental to the health, safety,
comf0J1, or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City, (2) injurious to
property or improvements in the neighborhood or within the City.
a. 'fhe proposed zoning of R-] Single Family Residential is the most similar
zoning to the residential development occurring within the adjacent
Ramsgate Specific Plan. If the subject property had remained part of a
future specific plan, there is every likelihood that a transition such as the
one proposed would have been designed for the area.
)
b. The proposed R-t zone provides development standards that proteet the
public health, safety and general welfare of persons residing or working
within the neighborhoods in the area or within the City, The proposed
project shall comply with these standards.
2.
The proposed amendment will be consistent with the latest General Plan,
a. The proposed R-] zoning is consistent with the existing General Plan
designation of "Future Specific Plan F," which accommodates residential
development at a maximum density of 6 dwelling units per acre, The
General Plan identifies issues to be addressed in this area, namely hillside
grading, compatibility of development to adjacent uses, and impacts to
biological resources. These issues were reviewed, addressed anti
considered by the Initial Environmental Study and within the design of
this project.
SECTION 3: ZONING RECLASSIFICATION
The Official Zoning Map of the City of Lake Elsinore, California, is hereby amended by
changing, reclassifying and rezoning the following described pr()perty, to wit:
Assessor's Parcel Numbers 347-110-02] to "RI - S]NGLE FAMILY
RESIDENTIAL" UNDER THE ZONING ORDINANCE
3)/
AQENDAITEM_NO. .
PAGE_.31.0F_ ctj .
ORDINANCE NO._
ZONE CHANGE NO. 2004-01
OCTOBER 12, 2004
PAGE 30F4
Approval is based on the following:
I. 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. The City has considered the effect of Zoning Ordinances on the regional housing
needs in which the City is located, and has balanced these needs against the public
service needs of its residents and available fiscal and environmental resources.
(Government Code Section 65863.6).
SECTION 4: This Ordinance shall take effect thirty (30) days after the date of
its final passage. The City Clerk shall certify as to adoption of this Ordinance and eause
this Ordinance to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 12th day of
October, 2004 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
AGeNDA ~TEM NO. 3)/
PAGE_38 OF_ t'1
. H)
)
ORDINANCE NO.
ZONE CHANGE NO. 2004-01
OCTOBER 12, 2004
PAGE 40F4
e\
PASSED, APPROVED AND ADOPTED UPON SECOND READING thi 12th !
day of October, 2004, upon the following roll call vote: /
-."~~
AYES: COUNC1LMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Thomas Buckley, Mayor
) City of Lake Elsinore
ATTEST:
Vicki Lynne Kasad, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
(SEAL)
3y
AQENDA ITEM NO. .
" PAGE_31 OF-f i
Prepared For:
The Sauls Company
Prepared By:
::ROtUl:=-::'::,:' .:,.'
~
;.
'I::
I::l
t>'J
...
l:::
';:j
a
:....
..:.:::.'::.:::.:::"
~ .- ".-.--.-
t:'. --.':"':.-==='
. . .~_. :,:.:ij~f~
--
,.::.:...:.::..:".::..:'.::..:<:.:',";.:'.::::<:.
~.
....
~.
N'
.,.... _. --.- ",.,.. . ~:]:. --.
- ..,-..-....-.- -.Q .....-..
....~:;:~-~::~i:.c '.
.->.:::i: .is'
"':'::"
'::~:'::::::'?::':::::'::::::':::":':""
:::'::"::::<::::":::'::-':::'::":::'::":::'::".:.
(::r.-::~:"':::':>:O::::\, .
. . . . . .
...:..:..:.............. . .
.. ;.,'
,'.......::.:..:.......,..:........
.;.,'.;.;.;,"
':":":":.':'- ....',.
.................. ,,',.',. .
~
<:>
i=l::
...
.l:!
....
,~
Q.,
.Jire1lJighJ)[ive. .
':,':.':,"
.....'.
:.:>::.
".",".
:;";""'"
,"""
',' .'
. T;r, 3.2251
........
. . . . .
. .','. .
. . ' , .
'.' ,",' .
. . , . .
.'-, ,-, .
. ','. '-- '.
. . . . . . . . . .
:....-::...:.:.....:..........:.:..:...
.;........;.;..;.......;....
>~:{:::~:::.:.{:}~::.:'::k:::}}:
"::':'''::'::::.''::'::'::::'::'::::'::'::::'/:':'::'::'::::'::':;:':":;>" .....
....::....... '.':".:.::.
.....
',:"""'"
......:;:.:.
;...:......
.....<.........:.::.~........<<
" ...'........:Ji:,.........
'''iI'''
.:.:.:':~::f>.:::.:::.:::..:..::>:..:..
'.:...~"I...., ~<i
.:'.. :'.:'.;'.:".'.:
',.' '.:'.:'.:.:'.:
c~..".'."
. .;.
'. .>::.:
.;:...:.:....
',:':.;.:':.
...::..::..:.....
.'
.:.::..:::.:.'.:......:.;'.: .....
".
.:......
.'.:. .'.'
':'.
:..:.,
, ..'
'. ........ .... ......;.:.,..:
...... ",:'.:., ',:,,',:;,,".,
.'. .....'
...........~.........:.::.;::i.}.t;~:;/;,,}{:/ .. :'::. .:..:i.:..: ............. .... .'
. ......1."':r,...~~t~..:.......:.....,'..:... ....................'.....~...~.~4.7n.. .
..... ..............~...,......~. '.:~'
'. .................. '.' '.-.-.', '.
....:.,' .'. . . . '. '::":':.:'. -
.....,'..
..:'.'.... .' '.'.:
".
..... '.
.'.'
......
:>::.::
':'::":':":':':'>:":':::":':::":':::":'
...;...':.... .
....-.....
.........
.. ..
~. '. . .' .'. .
'.' ........;...:...
.... .- .:.:.;.
. . . . .
.'..............
-...... .
"'. .
)-- ---JI
w'O....JIK...~lI:~...(:
1OCl' __.
. .. ... .
'"' DU4,A..1hl1, UN
,
..... ','.
......... '.' '.. .ii.' 3
'.' ............~...:A~~#~~~o;.. . ~
.:. .'j;l^~ Ie OF_ '/ 1
. 't..f~~~~7" . )
. "'" r
T.T.32129 Zoning Exhibit
';-:','
...........
. ..'
..... ....
Zoning Designations
I I Proposed Site T.T. 32129
1,;-:,-:.:-:,:',-:'.>1 Ramsgate Specific Plan
I I R.l: Single Family Residential
(From Existing RR: Rural ReSidential)
I I RR: Existing Rural Residential
I -I Distance to Adjacent Streets
---
.-
--~
-
._t__
Exhibit #
MINUTES
FROM TIffi
PLANNING COMMISSION MEETING
OF
AUGUST 17,2004
AQENoA ITEM NO. _ 3 p.
, PAGE 1/ .OF67
, ---
/':~::;1
)
PAGE 2 - PLANNING mMMISSIONMINUTES - AUGUST 17, 2004
MOVED BY O'NEAL, SEmNDED BY LARlMER AND PASSED BY A UNANIMOUS
VOTE OF THOSE PRESENT TO APPROVE THE mNSENT CALENDAR WITH
THE NOTED CORRECfIONS TO THE JUL Y 20, 2004 MINUTES.
PUBLIC HEARlNGS
2. C,cneral Plan Amendment No. 2004-08. Zone Change No. 2004-01. Tentative Tract Man
No. 32129 and Mitigated NelWive Declamtioll No. 2004-05
Clairman LaPere opened the Public Hearing at 6:10 PM, and requested the reading of the Staff
Report.
Community Development Director Brady stated that this project is a Public !-fearing for a General
Plan Amendment, Zone Clange, Tentative Tract Map and Mitigated Negative Declaration and
requested Planning Consultant Donahoe to review it with the Commission.
Planning Consultant Donahoe stated d,at the application is a request to subdivide 10.8 acres into 27
residential lots and 7 open space lots. She stated that the site is south of Hwy74, near the Ramsgate
Specific Plan. She stated that the proposal is for 6,000 square foot lots in die R-I zone and is
consistent with the Zoning Standards. She indicated that there is one Development Standard that
requires a buffer. She stated that there are two existing residences that abut the site to the north,
both on approximately twO-acre parcels. She stated that Staff feels that the buffer is adequate
because the project does not take access along Sharon Lane.
Planning Consultant Donahoe indicated that Staff recommends approval of the Geneml Plan
Amendment, Zone Change, and Tentative Tract Map. She recommends that the Planning
Commission approve and adopt a Resolution based on the Findings, Exhibits, and is subject to the
Conditions of Approval. She noted a correction to the Zone Change Findings on page 5 of 24,
Number 2 should be Low-Medium Densit)' Residential. She indicated that the applicant is present to
answer any questions that the C.ommission may have.
Clairrnan LaPere requested the applicant approach the podium.
Ed Sauls, 742 Summit Drive, Laguna Beach thanked Staff for all their hard work on the project and
stated that he would be available for any questions that the Conunission may have.
Q,ainnan Lal'ere asked Mr. Sauls if he has read and agn.>es with the C..onditions of Approval.
Mr. Sauls stated "Yes".
Agenda Item No 3 ')/
Page 4^- '1.6"'1-
PAGE 3 - PLANNING CDMMISSIONMINUfES - AUGUST 17, 2004
.::":0>....\
,
Add Abusamra, 32655 Rachel Circle, Dana Point stated that he owns 50 acres of land within the
Ramsgate project. He too wanted to thank Staff for all their help and cooperation.
There being no further conunents from the public, o,ainnan LaPel'C brought the dLlcussion back to
the table for C.ommissioners comments.
Deputy Attorney Miles wanted to clarify that given the unique nature of this item, Staff has
concluded that this project does not need a General Plan Amendment and to proceed with the Zone
o,ange, TIM, and the MND.
Vice Otainnan O'Neal stated that he supports the project. He stated that he appreciated Appendix
"0" which outlines a brief histoty and overview of the City. He had no further conunents.
Commissioner Larimer asked the applicant if these homes would be custom or tract homes.
Mr. Sauls stated that die homes would be tract homes.
Commissioner Larimer asked the applicant ~-krify-~he-we-of-the-Gpea Space 71b1t happem;l to the
~ Sptue.
Mr. Sauls stated that it is not conditioned as Open Space under the Ramsgate Specific Plan.
Planning Consultant Donahoe stated that the applicant would be necessary to do a lot-line
adjustment.
Commissioner l.arimer asked if they would be part of the Ramsgate HOA
Mr. Sauls stated, "No, they would not be part of the Ramsgate Association".
C..ommissioner Larimer stated that in the Staff Report, it is noted that there would be some off-street
parking.
Mr. Sauls stated that there would be plenty of room on each lot for homeowners to park their own
vehicles in their garage and or driveways, in addition to some street parking in front of each home.
Corrunissioner Larimer asked for clarification regarding the mitigation measures.
Planning Consultant Donahoe stated that the mitigation measures are noted in the second section of
the Staff Report. She indicated that they address the air quality issues wid. the construction traffic.
Commissioner Larimer had no further questions.
Commissioner Ryan asked who would be responsible for maintaining the open space area.
Agenda Item )'10_ ,,~ J. __ )
Page, if3 of,__Fj ____.'
PAGE 4 - PLANNING ffiMMISSIONMINUTES - AUGUST 17, 2004
Mr. Sauls stated that the open spaces would be maintained by the HOA He stated that in the event
the HOA fails, the Landscape and Lighting District would pick up the obligation.
Planning Gmsultant Donahoe stated that on page 23 of 34, Condition No. 11 addresses this issue.
Commissioner Ryan asked the applicant if his design! development could stand on its own.
Mr. Sauls stated that Mr. & Mrs. Abusamra executed easements that would allow for the grading and
necessary easements in order for this project to be built.
Commissioner Ryan had no further conunents.
Commissioner Larimer requested clarification on the R- R Zoning. She noted for the record that she
has some concerns with the constant changing of the zoning areas.
Director of Community Development Brady stated that in the General Plan it identifies areas... .
[unclear]. He stated that the Qty is going through a process where the General Plan is being
amended to reflect the growth of the Qty. He stated that her noted concerns could be addressed at
the time that the General Plan would be amended.
C.hairman LaPere noted that the Planning Commission and the Qty Council would view each area
that would go with the development of the Qty. He stated that part of the review is the ... ... .
[unclear] rural area.
Chairman LaPere asked for clarification on Condition No. lla where it discusses the HOA He
indicated that it fails to mention that should the HOA fail, it would be the homeowner's
responsibility.
Director of Community Development Brady suggested changing the wording to include the
homeowner.
Chairman LaPere stated that he is pleased with this project, to include the size of the lots, and is
anxious to see the Design Review. He had no further conunents.
There being no further comments, Chairman LaPere closed the Public Hearing at 6:48 PM, and
requested the reading of the Resolutions.
MOVED BY O'NEAL, SECONDED BY RYAN AND PASSED BY A UNANIMOUS
VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-115, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE
Agenda Item No 3 2'>
Page.. -'It! f_ "7-
PAGE 5 - PLANNING mMMISSIONMINUTES - AUGUST 17, 2004
CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE
DECLARATION NO. 2004-05, A MITIGATION MONITORING PROGRAM
THEREOF THE ZONE CHANGE AND TENTATIVE TRACT MAP ON
APPROXIMATELY 10 ACRES LOCATED APPROXIMATELY TWO MILES EAST OF
INTERSECTION 15 AND STATE ROUTE 74 AT THE SOUTHERN END OF
TRELLIS LANE, SOUTH OF SHARON STREET AND KNOWN AS APN 347-110-021
AND A PORTION OF 022.
MOVED BY RYAN, SECONDED BY O'NEAL AND PASSED BY A UNANIMOUS
VOTE. OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-116, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVAL OF ZONE CHANGE NO. 2004-01,
CHANGING THE ZONING FROM "RR-RURAL RESIDENTIAL" TO "R1 -SINGLE
FAMILY RESIDENTIAL," ON APPROXIMATELY 10:!: ACRES LOCATED
APPROXIMATELY TWO MILE EAST OF THE INTERSECTION OF INTERSTATE
15 AND STATE ROUTE 74, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH
OF SHARON STREET, AND KNOWN AS APN 347-110-021.
MOVED BY LARIMER, SECONDED BY RYAN AND PASSED BY A UNANIMOUS
VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-117, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 32U9, A
SUBDIVISION OF 27 RESIDENTIAL LOTS AND SEVEN OPEN SPACE LOTS, ON
APPROXIMATELY 10 ACRES LOCATED APPROXIMATELY TWO MILES EAST OF
INTERSECTION 15 AND STATE ROUTE 74 AT THE SOUTHERN END OF
TRELLIS LANE, SOUTH OF SHARON STREET AND KNOWN AS APN 347.110-021
AND A PORTION OF 022, TO INCLUDE MODIFICATIONS TO CONDITION NO.
ItA
3. Conditional Use Permit No. 2004.25 for the Skin Deep Tattoo Shop.
O1airman LaPere opened the Public Hearing at 6:50 PM, and requested the reading of the Staff
Report.
Director of O:>mmunity Development Brady stated that this is a request for a Conditional Use
Pennit for a Tattoo Shop, and requested Community Development Technician Hennings review it
with the Conunission.
3']/
Agenda Item ~o .
Page_ -'I:, of -" '!
J
PLANNING COMMISSION STAFF REPORT
OF
AUGUST 17, 2004
AQENoA ITEM NO 3 /
~ PAGE_1~;J1~
PLANNING COMMISSION
STAFF REPORT
'''''\
}1
CityolL1keEhilll.l<<
PI.lIl1i"J Dil1jJ;Oll
BOS."'WlSII~
~EhQo~C}.'12SJO
('m)67...mt
(909H71.HI9f:uc.
II
'.,"
, .11
DATE:
August 17,2004
TO:
Chairman and Members of the Planning Corrunission
FROM:
Robert A Brady, Community Development Director
PREPARED BY:
Carole K, Donahoe, Ala>, Planning Consultant
PROJECT TITLE:
General Plan Amendment No, 2004-08,
Zone Change No, 2004-01,
Tentative Tract Map No, 32129, and
Mitigated Negative Declaration No. 2004-05
APPLICANT:
Ed Sauls, Tbe Sauls Company, 742 Summit Drive, Suite 100, Laguna
Beach, CA 92651
OWNER;
Wayne N. Simard, P. O. Box 5189, Crestline, CA 92323
PROJECT REQUEST:
. Tbe applicant requests approval to change the General Plan designation of the subject
property from "Future Specific Plan" to "Low Medium Density Residential, 6 dwelling units
per acre.
. Tbe applicant requests approval to change the zoning of the subject property from "RR
Rural Residential" to "R1 Single Family Residentia\."
. Tbe applicant requests approval of Tentative Tract Map No. 32129 (TIM 32129) to
subdivide 10i acres of vacant property into 27 single family residential lots and seven (7)
open space lots.
. Tbe applicant requests adoption of Mitigated Negative Declaration No. 2004-05.
.,)
AQENOA .iEM NO.--:}Y_
PAGf: 41-:... of..f/I_
PLANNING COMMISSION STAFF REPORT
AlJGlJS1' 17,2004
PAGE 3of8
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE CHANGE
NO. 2004-01, TENTATIVE 'fRACT MAP NO. 32129, AND
MITIGATED NEGKI'IVE DECLARATION NO. 2004.05
ANALYSIS
Ar!:a Development
'Ihe proposal is a logical extension of the development already under construction in the Ramsgate
Specific Plan into single family residential homes. However, the lot sizes are proposed at a higher
minimum of 6,000 square feet, rather than the minimum 5,000 square feet in the Specific Plan, and a
wider lot width of 60 feet, rather than SO feet. Road widths are designed to match up to those
extending to it from the Specific Plan.
'Ille proposal also provides a stub street to the east to tie into the single family residential
subdivision proposed by the adjacent propelty owner, Adel Abusamra, whose general plan
amendment, zone change, and tract map have been submitted but are on hold at the request of Mr.
Abusamra. He is in the process of acquiring additional propelty adjacent to his holdings and
redesigning his tract map.
..u Buffer for Ruml Residences to t;b~.North
Two existing residences abut the site to the nonh, both on approximately two acre parcels.
However, the applicant does not intend to construct nor take access from Sharon Street, which is
designated for its nonhem boundary. In fact, the nonhero ponion of the project is designed with
Lots 'C and 'D,',~h..are..areas...t~-be...t~t in open space. As a result, the nearest proposed single
family horne is(5'35 to ,600_ feet~~d..~15_~t respectively to the adjacent structures. Voss-sections
on dIe map exIiitJifrnalcate diITenng eleVatlOn changes, the steepest at 70 feet.
The applicant requests that the Commission accept the design and siting of proposed homes as
adequate buffering for the homes adjacent to the north. The City's Zoning Code R-l standards
suggest lot sizes at 75% of the adjacent lot as a buffer. However, staff concur.; with the applicant
that, given that the project is an extension of the Ramsgate development, a 65,000 square foot lot
size (75% of two acres) would be an inappropriate transition in tills area. 'Ille Zoning Code allows
the Planning Commission and City Council flexibility in those cases where the applicant shows good
cause.
Establishment of a Home Owners' Association (HOA) for Open Space Maintenance
C..ondition of Approval No. 11 requires the formation of a homeowners' association responsible for
the maintenance of die open space areas in the map. The applicant has indicated that he believes
future residents in his tract will want to form their own HOA rather than join the HOA required for
Ramsgate. The Director of Administrative Services indicated that it is feasible that a small HOA
could handle maintenance responsibilities. However, he recommended that in the event the HOA
could not, the Lighting, Landscaping and Maintenance District provide this service alld assess the
BOA for costs incurred. The map has been so conditioned.
'{/) "
AQENDA ITEM NO.--':~/ _
PA~_ '1'1 . OF J::!
PLANNING COMMISSION STAFF REPORT
AUGUST 17,2004""",-
PAGE 40f8 . .}
PROJECf TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE CHANGE
NO. 2004-01, TENTATIVE TRACf MAP NO. 32129, AND
MITIGATED NEGATIVE DECLARATION NO. 2004-05
ENVIRONMENTAL DETERMINATION
In accordance with Section 15063 of the State California Environmental Quality Ar.t (CEQA)
Guidelines, an Initial Study was prepared to provide the city with information to use as the basis for
determining whether an Environmental Impact Repon, Negative Declaration, or Mitigated Negative
Declaration would be appropriate for providing the necessary environmental documentation and
clearance for this project. A copy of the Initial Study is enclosed with this Staff Repon, as Exhibit
'F.'
Based on evaluations and discussions contained in the Initial Study and Mitigated Negative
Declaration, the proposed project has limited potential to degrade the quality of the environment.
The proposed project will not significantly affect the environmental with mitigation measures in
place.
The proposed project will not have impacts that are individually limited but cumulatively
considerable with mitigation measures in place. Given that the project impacts are insignificant,
cumulative impacts are not foreseen.
The proposed project does not have the potential to significantly adversely affect humans, either
directly or indirectly with mitigation measures in place.
ST AFF'S RECOMMENDATION
General Plan Amendment No. 2004-08
Staff recommends that the Planning Commission adopt Resolution No. 2004 - _, recommending
to the Cty Council approval of General Plan Amendment No. 2004-08 based on Exhibit 'B' and the
following Findings:
Findings for General Plan Amendment No. 2004-08:
1. The proposed amendment will not be (1) detrimental to the health, safety, comfon, or general
welfare of the persons residing or working within the neighborhood of the proposed
amendment or within the Gty, (2) injurious to propeny or improvements in the neighborhood
or within the Gty.
a. The proposed designation of Low Medium Density Residential is the most similar general
plan designation to the residential development occurring. within the adjacent Ramsgate
Specific Plan. If the subject propeny had remained pan of a future specific plan, there is
every likelihood that a transition such as the one proposed would have been chosen for the
area. J
AQENOA nEM NO 3.1.-
"" PAGE tfc1 ~F _ ~ (
PLANNING COMMISSION STAFF REPORT
AUGUST 17,2004
PAGE 5 of 8
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE CHANGE
NO. 2004-01, TENTATIVE TRACT MAP NO. 32U9, AND
MITIGATED NEGATIVE DECLARATION NO. 2004-05
b. The proposed designation allows single family residential development in an area of existing
residences and homes under construction.
2. The proposed amendment will be consistent with the latest General Plan.
a. The General Plan encourages the transition of land uses such as the proposed project
wherein lot sizes buffer the rural residential uses to the north from the 5,000 square foot
residential lots to the west and south.
Zone Change No. 2004-01
Staff recommends that the Planning Commission adopt Resolution No. 2004 - _, recommending
to the Gty Council approval of Zone Change No. 2004-01 based on Exhibit 'C and the following
Findings:
.. Findings for Zone Change No. 2004-01:
1. The proposed amendment will not be (I) detrimental to the health, safety, comfon, or general
welfare of the persons residing or working within the neighborhood of the proposed
amendment or within the Gty, (2) injurious to property or improvements in the neighborhood
or within the Gty.
a. The proposed zoning of R-I Single Family Residential is the most similar zoning to the
residential development occurring within the adjacent Ramsgate Specific Plan. If the subject
property had remained pan of a future specific plan, there is every likelihood that a
transition such as the one proposed would have been designed for the area.
b. The proposed R-I zone provides development standards that protect the public healthy,
safety and general welfare of persons residing or working within the neighborhoods in the
area or within the Gty. The proposed project shall comply with these standards.
2. The proposed amendment will be consistent with the latest General Plan.
a. The proposed R-I zoning is consistent with the proposed General Plan designation of
Meclium Density Residential, 6 dwelling units per acre.
Tentative Tract Map No. 32U9
Staff recommends that the Planning Commission adopt Resolution No. 2004 - _' recommending
to the Gty Council approval of Tentative Tract Map No. 32129 based on Exhibit 'E' and the
following Findings, and subject to the Conditions of Approval for Tentative Tract Map No. 32129.
AGENDA ITEM NO._ Jy
PAGE .6' () OF _{, /~
PLANNING COMMISSION STAFF REPORT
~~g~~~;~' 2004'')
PROJECf TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE CHANGE
NO. 2004-01, TENTATIVE TRACf MAP NO. 32129, AND
MITIGATED NEGATIVE DECLARATION NO. 2004-05
Findings for Tentative Tract Map No. 32129:
1. The proposed subdivision, together with the provisions for its design and improvements, is
consistent with the Oty of Lake Elsinore General Plan. The proposed subdivision is compatible
with the objectives, policies, general land uses and programs specified in the General Plan
(Government Code Section 66473.5).
a. The design of the subdivision and density of 2.5 dwelling units per acre are consistent with
the proposed General Plan designation of Low Medium Density Residential, up to 6
dwelling units per acre.
b. The project proposes single family residential lots ranging in size from 6,000 square feet to
31, 000 square feet, which meet the R-l zoning minimum.
2. The site of the proposed division of land is physically suitable for the proposed density of
development in accordance with the General Plan.
a. The overall density proposed by this project is consistent with the adjacent Ramsgate
Specific Plan.
b. The map provides open space areas that protect the natural topography and views.
3. The effects that this project is likely to have upon the housing needs of the region, the public
service requirements of its residents and the available fiscal and environmental resources have
been considered and balanced.
a. The project is consistent with the Oty's General Plan. During the approval of Oty's General
Plan, housing needs, public services and fiscal resources were scrutinized to achieve a
balance within the Gty.
b. The map has been conditioned to annex into Community Facilities District 2003-1 to offset
the annual negative fIScal impacts of the project on public safety operations and maintenance
issues in the Gty. .
c. The map has been conditioned to annex into Lighting and Landscape Maintenance District
No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way
landscaped areas to be maintained by the Gty, and for street lights in the public right-of-way
for which the Gty will pay for electricity and a maintenance fee to Southern California
Edison.
4. Subject to the attached conditions of approval, the proposed division is not anticipated to result )
in any significant environmental impact.:':.:
J~
A(iENOA nEM NO.__
PAGE_ Sf ~'F _ Co '7
PLANNING COMMISSION STAFF REPORT
AUGUST 17, 2004
PAGE 70f8
PROJECT TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE CHANGE
NO. 2004-01, TENTATIVE TRACf MAP NO. 32129, AND
MITIGATED NEGATIVE DECLARATION NO. 2004-05
a. An Initial Study was prepared for this project which identified potentially significant
environmental effects, but proposals made or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur.
b. There is no substantial evidence that the project may have a significant effect on the
environmental.
c. Mitigation measures are requined to ensure all potentially significant impacts are reduced to
levels of insignificance. Tentative Tract Map No. 32129 has been condi~ioned to comply
with these mitigation measures.
5. The design of the proposed division of land or type of improvements are not likely to cause
serious public health problems.
a. Tentative Tract Map No. 32129 is conditioned to comply with all development standards of
the R1 Single Family Residential Zone. These standards are in place to benefit the public
health, safety and welfare.
6. The design of the proposed division of land or the type of improvements will not conflict with
easements, acquined by the public at large, for access through or use of property within the
proposed division of land.
a. All known easements or requests for access have been incorporated into Tentative Tract
Map No. 32129.
b. The adjacent property owner to the east requested access through Tentative Tract Map No.
32129. This map has been designed with "B" Street to stub at the easterly boundary, thereby
allowing this connection.
c. The map has been circulated to aty departments and outside agencies, and appropriate
conditions of approval have been applied for their approval during construction.
Mitigated Negative Declaration No. 2004-05
Staff reconunends that the Planning Commission adopt Resolution No. 2004 - _' recommending
to the aty Council adoption of Mitigated Negative Declaration No. 2004-05 based on the following
Findings and Exhibit 'P':
Findings for Mitigated Negative Declaration No. 2004-05:
1. Based on evaluations and discussions contained in the Initial Study and Mitigated Negative
Declaration, the proposed project has limited potential to degrade the quality of the
AQENDA ITEM NO._ 3')/
PAGE_S.,z 0F':;' j
PLANNING COMMISSION STAFF REPORT
AUGUST 17,2004
PAGE 8of8
PROJECf TITLE: GENERAL PLAN AMENDMENT NO. 2004-08, ZONE CHANGE
NO. 2004-01, TENTATIVE TRACf MAP NO. 32129, AND
MITIGATED NEGATIVE DECLARATION NO. 2004-05
;':"-';,\
"
J
environment. The proposed project will not significantly affect the environmental with
mitigation measures in place.
2. 1he proposed project will not have impacts that are individually limited but cumulatively
considerable with mitigation measures in place. Given that the project impacts are insignificant,
cumulative impacts are not foreseen.
J. The proposed project does not have the potential to significantly adversely affect humans, either
directly or indirectly with mitigation measures in place.
REVIEWED BY:
Carole K. Donahoe, Ala>, Planning Consultant
rt A Brady, Conu
PREPARED BY:
APPROVED BY:
Attachments:
1. Exhibit 'A' - Vicinity Map
2. Resolution for Approval of General Plan Amendment No. 2004-08
3. Exhibit'B' - General Plan Amendment No. 2004-08
4. Resolution for Approval of Zone Change No. 2004-01
5. Exhibit 'C - Zone Change No. 2004-01
6. Resolution for Approval of Tentative Tract Map No. 32129
a. Conditions of Approval for Tentative Tract Map No. 32129
7. Exhibit'D' - Temative Tract Map No. 32129 (8 ',1" x II")
8. Exhibit 'E' - Full-sized Tentative Tract Map No. 32129 (Enclosure)
9. Resolution for Adoption of Mitigated Negative Declaration No. 2004-05
10. Exhibit 'F' - Initial Study I Mitigated Negative Declaration No. 2004-05
and Mitigation Monitoring Program (Enclosures)
.J
Ti
AQENDA IrEM NO._..::~
PAGE !) 3 OF (, '1
. -
CITY COUNCIL MINUTES
October 12, 2004
AGENDA ~~~ NO. 3 '.~'..
PAG OF ..!!J.f
90. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan prior
to issuance of grading pemlits.
91. Education guidelines and BMPs shall be provided to residents of the development in the use of
herbicides, pesticides, fertilizers as well as other environmental awareness education materials on
good housekeeping practices that contribute to protection of storm water quality and met the goals of
the BMP in Supplement "An in the Riverside County NPDES Drainage Area Management Plan.
92. Applicant shall provide first flush BMPs using the best available technology that will reduce storm
water pollutants from parking areas and driveway aisles.
93. All waste material, debris, vegetation and other rubbish gencrated during cleaning, demolition, clear
and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers.
The applicant should contract with CR&R Inc. for recycling and storage container services, but the
applicant may use the services of another recycling vendor. Another recycling vendor, other than
CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not
using CR&R Inc. for recycling services and the recycling material is either sold or donatcd to another
vendor, the applicant shall supply proof of debris disposal at a recycling center, Including verification
of tonnage by certi tied weigh master tickets.
94. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall
be required to contract with CR&R Inc. for removal and disposal of all waste material, debris,
vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other
phases of construction.
Mayor Buckley closed the public hearing at 7:36 p.m.
22. Zone ChaIl,g~ No. 2004-01. Tentative Tract MapN~L)2129 and Mitigated
Negative Decl~gl.t.iQ1LNo~_2004-05 - Resolution NtL69JL4_-63 and Ordinance
No. 1129 - The Sauls CQmp~Il,Y. (F:160.2)
Mayor Buckley opened the public hearing at 7:37 p.m.
Page Eighteen - City Council Minutes - October 12, 2004
Community Development Director Brady detailed the items for
consideration and noted the location of the property. He advised that the
proposal divided the land into 27 homes and 10 open space lots, with a
minimum lot size 01'6,000 square feet. He indicated that this plan was
AGENDA ITEM NO. 3 ~
PACIL.s s::. OF rrt
consistent with the Ramsgate project. He advised that the Planning
Commission had reviewed this project and recommended approval.
Mayor Buckley questioned the typical lot size. Ed Sauls, applicant,
indicated that the average lot size was 9,200 square feet. He noted that they
had been working with staff and requested approval of the project. He
offered the project engineer Chris Weber or himself to answer further
questions.
Adel Abusamara, 32655 Rachel Circle, Dana Point, indicated that he owned
50 acres in the middle of the Ramsgate Project. He expressed his thanks
and support for Mr. Sauls' cooperation on his tract map. He also thanked
the City for their efforts and help.
"\
Dick Sharma, 19700 Sharon St., Perris, noted that he was a property owner
on the adjacent property. He indicated that his street had never existed arid
would no longer exist with this project. He clarified that in spite of that, he
was not opposed to the project; he only had serious concerns about what this
project would do to the area in the future. He commented that the area was
meant to be a rural buffer along the County line, and questioned where the
development would stop. He indicated that his property was in limbo, as
this project was coming up to his fence. He noted that the Sauls Company
has set it out and planned the project well, but the next set of houses would
look right into his property and he would look into theirs. He indicated that
this would take away his public access to his property, but noted that he still
had private access via a right-of-way through another property. He
expressed concern that Highway 74 would have the same problems as
Railroad Canyon Road. Mayor Buckley inquired ifMr. Sharma had
discussed his concerns with Community Development Director Brady. Mr.
Shanna indicated that he had met with Mr. Sauls and received answers to
Page Nineteen - City Council Minutes - October 12, 2004
some of his questions and Mr. Sauls recognized his concerns. Mayor
Buckley addressed the future concerns and suggested that Community
Development Director Brady could assist him. Mr. Sharma expressed
concern that this was a tentative map with no rural connection but a row of
IIi..END,I\ ITEM rJO. 32
PACE IG 'OF c. q
trees. Councilman Magee questioned the access issues and suggested that
he meet with the Community Development Director and the 5th District.
Supervisor to resolve his concerns. He commented that everything was
coming toward the property and encouraged Mr. Sharma to maintain his
legal access. Mr. Sharma noted a wildlife refuge to the east of his and
suggested that would be another concern that would need to be buffered
from the homes. He noted that the property along Trellis Road would be
prime for annexation to the City, particularly in light of the City's growth.
.He indicated that the County/City line was down the center of Sharon Street,
and questioned the City's ability to abandon Y, of the right-of-way.
Councilman Schiffner addressed the map and indicated that unless he was
incorrect, the right-of-way would remain as it was, as there were no lots in
the area. Mr. Sharma clarified that he was not concerned with the location
of a house, but suggested that it was impractical to build a road there,
however it was the only possible public access. Councilman Schiffner
indicated that the road would still exist. Mr. Sharma indicated that he was
not sure how it would exist. He stressed that his concern was for the future
access to his property. Councilman Schiffner questioned the access via
Sharon Street. Mr. Sharma indicated that his main access was a deeded
right-of-way, up a steep hill. Councilman Schiffner noted that on the
diagram it would appear that the existing roads would continue to exist.
Assistant City Manager Best suggested that it would be best for Mr. Sharma
to meet with Community Development Director Brady to address the access
issues. Councilman Schiffner indicated that he was sympathetic to Mr.
Sharma's concerns, but he was not sure this project would impact him as
much as anticipated. Mr. Sharma stressed the potential impacts of future
developments.
Page Twenty - City Council Minutes - October 12,2004
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-63, ADOPTING
MITIGATED NEGATIVE DECLARATION NO. 2004-05 AND THE
MITIGATION MONITORING PROGRAM.
ACEh\D/\ HEM i~O. 3~
PAGE~COr C, '1
RESOLUTION NO. 2004-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE
DE CLARA TION NO. 2004-05 AND THE MITIGATION
MONITORING PROGRAM THERETO, FOR ZONE CHANGE NO.
2004-01, AND TENT A TlVE TRACT MAP NO. 32129, ON
APPROXIMATELY 10:!: ACRES LOCATED APPROXIMATELY
TWO MILES NORTHEAST OF THE INTERSTATE IS/STATE
HIGHWAY 74 (CENTRAL A VENUE) INTERCHANGE, AT THE
SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON
STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-110-
021 AND A PORTION OF 347-110-022.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT
.ORDINANCE NO. 1129, UPON FIRST READING BY TITLE ONLY,
APPROVING ZONE CHANGE NO. 2004-01:
ORDINANCE NO. 1129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
.LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE
NO. 2004-01, CHANGING THE ZONING DESIGNATION FROM
"RR-RURAL RESIDENTIAL" TO "RI- SINGLE FAMIl,Y
RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON to:!:
ACRES LOCATED APPROXIMATELY TWO MILES NORTHEAST
OF THE INTERSTATE IS/STATE HIGHWAY 74 (CENTRAL
A VENUE) INTERCHANGE, AT THE SOUTHERN END OF
Page Twenty-One - City Council Minutes - October t2, 2004
TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS
ASSESSOR'S PARCEL NOS. 347-110-021.
UPON THE FOLLOWING VOTE:
AGENDA lTEM NO. ,U-
PAGE 53' OF {; '1
AYES;
COUNCILMEMBERS:
HICKMAN, KELLEY, MAGEE,
SCHIFFNER, BUCKLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP NO.
32129, BASED ON EXHIBITS 'A', 'B' AND 'D' AND THE FOLLOWING
FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL.
FINDINGS
Findings - Mitigated Negative Declaration No. 20.0.4-0.5 and the Mitigation Monitoring
Program
I. Based on evaluations and discussions contained in the Initial Study and Mitigated
Negative Declaration, the proposed project has limited potential to degrade the quality of
the environment. The proposed project will not significantly affect the environment with
mitigation measures in place. .
2. The proposed project will not have impacts that are individually limited but cumulatively
considerable with mitigation measures in place. Given that the project impacts are
insignificant, cumulative impacts are not foreseen.
3. The proposed project does not have the potential to significantly adversely affect
humans, either directly or indirectly with mitigation measures in place.
Page Twenty-Two - City Council Minutes - October 12,2004
Findings - Zone Change No. 20.0.4-0.1 :
1. The proposed amendment will not be (1) 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, (2) injurious to property or improvements in the
neighborhood or within the City.
AGENDA ITlZiH NO. 32-
PAGE 51 .OF t, r
a. The proposed zoning of R- I Single Family Residential is the most similar zoning
to the residential development occurring within the adjacent Ramsgate Specific
Plan. If the subject property had remained part of a future specific plan, there is
every likelihood that a transition such as the one proposed would have been
designed for the area.
b. The proposed R- I zone provides development standards that protect the public
health, safety and general welfare of persons residing or working within the
neighborhoods in the area or within the City. The proposed project shaH comply
with these standards.
2. The proposed amendment will be consistent with the latest General Plan.
a. The proposed R-I zoning is consistent with the existing General Plan designation
of "Future Specific Plan F," which accommodates residential development at a
maximum density of 6 dwelling units per acre. The General Plan identifies issues
to be addressed in this area, namely hillside grading, compatibility of
development to adjacent uses, and impacts to biological resources. These issues
were reviewed, addressed and considered by the Initial Environmental Study and
within the design of this project.
Findings - Tentative Tract Map No. 32129
1. Thc proposed subdivision, together with the provisions for its design and improvements,
is consistent with the City of Luke Elsinore Geneml Plun. The proposed subdivision is
computiblc with the objectives, policies, general land uses and programs specified in the
Geneml Plan (Governmcnt Codc Section 66473.5).
u. The design of the subdivision and density of 2.5 dwelling units per acre are
consistent with the General Plan designution of "Future Specific Plan F," which
accommodates residential development up to 6 dwelling units per acre.
Page Twenty-Three - City Council Minutes - October 12, 2004
b. The project proposes single family residential lots ranging in size from 6,000
square feet to 3 I, 000 square feet, which meet the R- I zoning minimum.
2. The site of the proposed division of land is physically suitable for the proposed density of
development in accordance with the General Plan.
AGENDA nTM NO.
PAC!: 00
3:1-
OF _~ '1
a. The overall density proposed by this project is consistent with the adjacent
Ramsgate Specific Plan.
b. The map provides open space areas that protect the natural topography and views.
3. The effects that this project is likely to have upon the housing needs of the region, the
public service requirements of its residents and the available fiscal and environmental
resources have been considered and balanced.
a. The project is consistent with the City's General Plan. 'During the approval of
City's General Plan, housing needs, public services and fiscal resources were
scrutinized to achieve a balance within the City.
b. The map has bcen conditioned to annex into Community Facilities District 2003-1
to offset the annual negative fiscal impacts of the project on public safety
operations and maintenance issues in thc City.
c. The map has been conditioned to annex into Lighting and Landscape
Maintenance District No. I to offsct thc annual ncgative fiscal impacts of the
project on public right-of~way landscapcd arcas to be maintained by the City, and
for street lights in the public right-of-way for which the City will pay for
electricity and a maintenance fee to Southern California Edison.
4. Subject to the attached conditions of approval, the proposed division is not anticipated to
result in any significant cnvironmental impact.
a. An Initial Study was prepared for this project which identified potentially
significant environmental effects, but proposals made or agrced to by the
applicant would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur.
b. There is no substantial evidencc that the project may have a significant effect on
the environmental.
Page Twcllty-I<'our - City Council Minutes - October 12,2004
c. Mitigation mcasures are required to cnsure all potentially significant impacts are
rcduced to levels of insignificance. Tentative Tract Map No. 32129 has been
conditioned to comply with these mitigation measures.
5. The design of the proposed division of land or type of improvements are not likely to
cause serious public health problems.
MENDA ITEM NO.
PAGE (,./ -.OF
3r
Cr.r
a. Tentative Tract Map No. 32129 is conditioned to comply with all development
standards of the RI Single Family Residential Zone. These standards are in place
to benefit the public health, safety and welfare.
6. The design of the proposed division of land or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of property
within the proposed division ofland.
a. All known easements or requests for access have been incorporated into Tentative
Tract Map No. 32129.
b. The adjacent property owner to the east requested access through Tentative Tract
Map No. 32129. This map has been designed with "B" Street to stub at the
easterly boundary, thereby allowing this connection.
c. The map has been circulated to City departments and outside agencies, and
appropriate conditions of approval have been applied for their approval during
construction.
CONDITIONS OF APPROVAL
PLANNING DIVISION
I. Tentative Tract Map No. 32129 will expire two (2) years from date of approval unless within that
period of time a final map has been filed with the County Recorder, or an extension of time is
granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act
(SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted
with City Council approval.
2. Tentative Tract Map No. 32129 shall comply with the State of Cali fomi a Subdivision Map Act and
shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless
modified by approved Conditions of Approval.
3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the
City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against
Page Twenty-Five - City Council Minutes - October 12, 2004
the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, orannul an approval
of the City, its advisory agencies. appeal boards or legislative body concerning Tentative Tract Map
No. 32]29, which action is brought within the time period provided for in California Government
Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will
promptly notify the Applicant of any such claim, action, or proceeding against the City and will
cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim
or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City.
ACENDA iTEMl'JO.
PACt: 6;'_OF
J:;Y
~7
~
4. The applicant shall sign and return an "Acknowledgmcnt of Conditions" to the Community
Development Department within 30 days of the Tentative Tract Map approval by the City Council.
PRIOR TO FINAL TRACT MAP:
5. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire
Department as listed in their transmittal dated March II, 2004 attached.
6. All lots shall comply with minimum standards of the RI Single Family Residcntia] zone.
7. A precise survey with closures for houndaries and all lots shall be provided per the LEMC.
8. Street namcs within the Imbdivision shall be approved by the Community Deve]opment Director or
designee prior to final map approval.
9. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of
the City of Lake Elsinore.
] O. The applicant shall comply with the Mitigation Monitoring Program prepared for Mitigated
Negative Declaration No. 2004.05.
] I. The applicant shall initiate and complete the formation of a homeowners' association, approved by
the City, recorded and in place. All Association documents shall be reviewed and approved by the
City and recorded, such as the Articles oflneorporation and Covenants, Conditions and Restrictions
(CC & R's). The HOA shall be responsible for the maintenance of all open space areas and
maintenance easement areas,
a. In the event that the Homeowners' Association fails to meet its responsibilities with
regards to the maintenance of open space areas, the Lighting, Landscaping and
Maintenance District shall automatically provide such maintenance and assess the
individual property owners for such service.
12. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance Easements. All
HOA Maintenance Easements shall be planted, irrigated and maintained by the BOA.
Page Twenty-Six - City Council Minutes - October 12, 2004
PRIOR TO GRADING AND BUlLDING PERMITS:
13. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains
arrangements with adja.cent property owners to provide fuel modification zones for this project.
]4. The City's Noise Ordinance shall be met during all site preparation activity. Conslmction shall
not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction
activity shall not take place on Saturday, Sunday or any legal holidays.
AGENDA lrEi';] r~o.--12
PAC!: &,3 OF tP'1
15. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval 1114, applicant
shall cease all construction activities and shall be permitted to recommence ~lIch activities only
upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund
any future law enforcement needs that may be caused by potential project construction violations
and the enforcement of the City's Noise Ordinance and Condition of Approval 1114. The applicant
shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than
$1,000.
16. The applicant shall comply with the requirements of the Lake Elsinore Unified School District
under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a
mitigation agreement prior to the issuance of a certificate of compliance by the District.
17. The applicant shall provide connection to public sewer for each lot within the subdivision. No
service laterals shall cross adjacent property lines and shall be delineated on engineering sewcr
plans and profiles for submittal to the EVMWD.
18. All storm drains are to be maintained in accordance with the cooperative agreement with the
Riverside County Flood Control and Water Conservation District.
a. The homeowners' association shall maintain water quality basins, landscaping, and open
space drainage.
19. The developer shall submit plans to the electric utility company for a layout of the street lighting
system. The cost of street lighting, installation as well as energy charges shall be the responsibility
of the developer andlor the Association until streets are accepted by the City. Said plans shall be
approved by the City and shall be installed in accordance with City Standards.
20. The applicant shall meet all requirements of the providing electric utility company.
21. The applicant shall meet all requirements of the providing gas utility company.
22. The applicant shall meet all requirements of the providing telephone utility company.
23. A bond is required guaranteeing the removal of all trailers used during construction.
Page Twenty-Seven - City Council Minutes - October 12, 2004
24. All signagc shall be subject to Planning Division review and approval prior to installation.
25. Landscape Plans for the tract shall include vegetative screening of all retention basins.
26. Any alterations to the topography, ground surface, or any other site preparation activity will require
appropriate grading permits. A Geologic Soils Report with associated recommendations will be
required for grading permit approval, and all grading must meet the City's Grading Ordinance,
subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills
and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control
measures are required. The applicant shall bond 100% for material and labor for one (I) year for
AGEi'~~~E~r'OF~-
erosion control landscaping at the time the site is rough graded.
27. Prior to the approval of any final map, the applicant shall submit a phasing plan if multiple final
maps are proposed, which show all phasing lines and the primary and secondary access for each
phase.
PRlOR TO DESIGN REVIEW:
28. All future structural development associated with this map requires separate Design Review
approval.
29. Elevation drawings for Design Review shall include four-sided architectural features.
30. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and
irrigated by the developer prior to the issuance of a Certificate of Occupancy.
31. A detailed fencing plan shall be required for review and approval during the Design Review
process.
32. A detailed phasing plan shall be required for review and approval during the Design Review
process.
a. Construction phasing plans shall include the location of construction fencing for each phase.
b. Construction phasing plans shall indicate primary and secondary access and the location of all
utilities for each phase.
ENGINEERING DIVISION
33. Provide permission to constlllct and permission to drain onto adjacent property from the affected
properties.
34. Process a lot line adjustment to include the boundaries of Lot 27 into this subdivision.
Page Twenty-Eight - City Council Minutes - October 12, 2004
35. Provide documentation that Lot 27 is not a requirement as an open space lot for the adjacent
development.
36. Provide drainage information including outlet details for Lots "C", HD", liE" & uP".
3 7. Provide permission to construct the termination point of "B" Street. "B" Street shall be barricaded
and signed as the temporary end of the street.
38. Verify that detention and first flush provisions are provided either on-site or accounted for on the
adjacent project.
ACEND.c\ i'lHl fJO
PAct, ~j;" OF
JJ.
?7
39. Modifications to "1" Street shall require permission from affected property.
40. All Public Works requirements shall be complied with as a condition of development as specified in
the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit.
41. Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal
Water District.
42. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26).
43. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency
stating that water and sewer arrangements have been made for this project. Submit this letter prior
to issuance of building permit.
44. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be
approved and signed by the City Engineer prior to final map approval (LEMC 16.34).
45. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer.
Improvements shall be designed and constructed to Riverside County Road Department Standards,
latest edition, and City Codes (LEMC 12.04 and 16.34).
46. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to issuance of Building Permit.
47. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a
maximum grade of 6 %
48. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for
construction of public works improvements (LEMC 12.08 and Resolution 83-78).
49. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8
y," x II" Mylar) shall be submitted to the Engineering Division before final inspection of public
Page Twenty-Nine - City Council Minutes - October 12, 2004
works improvements will be scheduled and approved.
50. The applicant shall installlwo (2) permanent bench marks to Riverside County Standards and at a
location to be determined by City Engineer.
51. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
52. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
53. Provide street lighting and show lighting improvements as part of street improvement plans as
J}--
C;~ rP1
required by the City Engineer.
54. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District.
55. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations.
56. Applicant shall submit a traffic control plan showing all tramc control devices for the tract to bc
approved prior to final map approval. All traffic control devices shall be installed prior to final
inspection of public improvements. This inclodes No Parking and Street Sweeping Signs for streets
within thc tract.
57. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving
utility.
58. Apply and obtain a grading permit with appropriate security prior to building penni! issuance. A
grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the
grading exceeds 50 cubic yards or tlle existing flow pattern is substantially modified as determined
by the City Engincer. If the grading is less than 50 cubie yards and a grading plan is not required, a
grading pennit shall still be obtained so that a cursory drainage and flow pattern inspection can be
conducted before grading begins.
59. Provide soils, geology and seismic report including street design reeommendations. Provide final
soils report showing compliance with recommendations.
60. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on-site or provide documentation from a Professional Geologist
or Geotechnical Engineer that this is not required.
61. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all
slopes steeper than 2 to I for stability and proper erosion control. All manufactured slopes greater
than 30 ft. in height shall be cOnloured.
Page Thirty - City Council Minutes - October 12, 2004
62. Prior to commencement of grading operations, applicant to provide to the City with a map of all
proposed haul routes to be used for movement of export material. Such routcs shall be subjcct to
the review and approval of the City Engineer.
63. Applicant to provide to the City a photographic baseline record of the condition of all proposed
public City haul roads. In the evcnt of damage to such roads, applicant shall pay filII cost of
restoring public roads. to the baseline condition. A bond may be required to ensure payment of
damages to the public right-of-way, subject to the approval of the City Engineer.
64. On-site drainage facilities located outside of road right-of-way should be contained within drainage
easements shown on the final map. A note should be added to Ihe final map stating: "Drainage
easements shall be kept free of buildings and obstructions".
ACEflJDf.t ITEr" f~O. 3?-'
PAG,u?L~=(;;;~ r--
~'~~_.-.;
; I
65. All natural drainage traversing site shall be conveyed through the site, or shall be collected and
conveyed by a method approved by the City Engineer.
66. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations.
67. . Meet all requirements ofLEMC 15.68 regarding floodplain management.
'I
68. The applicant to provide FEMA elevation certificates prior to certificate of occupancies
"
,
69. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the
Riverside County Flood Control District prior to approval of final map. Developer shall mitigate
any flooding and/or erosion caused by development of site and diversion of drainage.
70. Stonn drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain
system, the wording and stencil shall be approved by the City Engineer.
71. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof
drains should drain to a landscaped area when ever feasible.
72. 10 year storm runoff should be contained within the curb and the 100 year stonn runoff should be
contained within the street right-of-way. When either of these criteria is exceeded, drainage
facilities should be installed.
73. Applicant will be required to install BMP's using the best available technology to mitigate any
urban pollutants from entering the watershed.
74. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional
Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES)
program with a stonn water pollution prevention plan prior to issuance of grading penn its. The
applicant shall provide a SWPPP for post construction which describes BMP's that will be
implemented for the development including maintenance responsibilities.
Page Thirty-One - City Council Minutes - October 12, 2004
75. If required, the applicant shall obtain approval from Santa Ana Regional Water Quality Control
Board for their storm water pollution prevention plan including approval of erosion control for the
grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post
construction which describes BMP's that will be implemented for the development and including
maintenance responsibilities.
76. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the
development in the use of herbicides, pesticides, fertilizers as well as other environmental
awareness education malerials on good housekeeping practices that contribute to protection of
stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County
NPDES Drainage Area Management Plan.
77. Applicant shall provide first flush BMP's using the best available technology that will reduce storm
water pollutants from parking areas and driveway aisles.
~!
3J-
(p9
78. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual
(particular attention should be taken for intersections on the inside of curves). If site distance can be
obstmcted, a special limited use easement must be recorded to limit the slope, type of landscaping
and wall placement.
79. Arrangements shall be made between the City and the applicant fot fiscal impacts by the project
prior to issuance of the first building permit. The applicant shall participatc in a Cost Recovery
Program or make other arrangements with the City to offset the annual negative fiscal impacts of
the project on public safety and maintenance issues in the City, including city-wide improvements
and facilities relating to fire and police protection and maintenance of roadways.
80. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant
shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris,
vegetation and other rubbish generated during cleaning, demolition, clear and gmbbing or all other
phases of construction.
COMMUNITY SERVICES DEPARTMI;NT
81. The applicant shall pay park mitigation fees of$I,600 per lot, totaling $43,200 for the project.
82. The developer shall comply with the City's Franchise Agreement for waste disposal and recycling.
ADMINISTRATIVE SERVICES DEPARTMENT
83. Prior to the issuance of the first building permit, the developer shall annex into Community
Facilities District No. 2003-01 to omet tbe armual negative fiscal impacts of the project on public
safety operations and maintenance issues in the City.
Page Thirty-Two - City Council Minutes - October 12, 2004
84. Prior to issuance of the first building permit, the applic,mt shall annex into Lighting and Landscape
Maintenance District No. I to offset the annual negative fiscal impacts of the project on public
right-of-way landscaped areas to be maintained by the City, and for street lights in the public right-
of-way I'lf which the City will pay for electricity and a maintenance fee to Southern California
Edison.
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1128_::__ZQl1~ Change 2004-09 - Wasson
~any~m Investments, L.P. (F: 160.2)
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT
ORDINANCE NO. 1128, UPON SECOND READING BY TITLE ONLY:
"G~I~DA /':E,\1 NO. -..J-:Y-
PAGE~LoF..ier
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MA YOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
OCTOBER 24, 2006
DATE:
SUBJECT:
"NO PARKING ZONE" ON SPRING STREET
BETWEEN FLINT AND MINTHORN STREETS
BACKGROUND
Spring Street is cUlTently designated a two (2) lane roadway as well as a truck
route with a speed limit of 30 mph. The segment between Flint and Minthom
Streets varies in width from thirty-six feet (36') to forty feet (40'). The naITOwest
portion is at the intersection of Spring and Minthorn Streets.
DISCUSSION
Stafr has received several complaints that trucks and large vehicles have difficulty
turning onto and traveling the segment of Spring Street between Flint and
Minthorn Streets because of vehicles parked on both sides of the road. Field
review indicates that the placement of a "No Parking Zone" on the west side of
Spring Street between Flint and Minthorn Streets and on the east side of Spring
Street approximately 100 feet south of Minthorn Street would improve visibility,
accessibility and mobility oftnlcks and large vehicles. Field review also indicates
that impact to loss of on-strcet parking is negligible, since most of the "no parking
area" on the east side of Spring Street is already fronting driveways and mailboxes.
Additionally, the majority of no parking area on the west side of Spring Street is
not fronting business establishments.
Section 10.40.0] () of the Lake Elsinore Municipal Code (LEMC) authorizes that
the City Council to establish "No Parking Zones" on streets by way of resolution.
A resolution has been prepared for Council consideration.
AGSNDA ITEM NO._.~..3.
PAGE.....!.- OF .2:._
REPORT '1'0 CITY COUNCIL
OCTOBER 24, 2006
Page 2 of 2
FISCAL IMPACT
The cost is approximately $ I ,000 for staff time and materials. Funding will
included under the traffic maintenance funds.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2006- 181
prohibiting parking on the west side of Spring Street, from Flint to Minthom
Streets and on the east side of Spring Street, from Minthorn Street to
approximately 100' south of Minthom Street.
PREPARED BY:
KEN A. SEUMALO, CITY ENGINEER ~
APPROVED FOR
AGF;NDA BY:
~
A 'IT ACIIMENTS
]. City Council Resolution
2. Vicinity Map
""_C','r-r 're"" rJ(1 j"
1'\ '""~:.;.t 0"".<,,.,. I, ....",.}, ,.j,~. "'..,..;),~;v,,,.'1<~"
7-
Of
City of Lake Elsinore
NO PARKING ON SPRING STREET
BETWEEN FLINT STREET AND MINTIIORN STREET.
t:
-."
'"
'::'
..
~
I
I
/
I
/
/
/
/
\\.".....
.,.
~
~
i~"
~.
""'
'6
;~
~
",
."
.~.
'"
:~
-:';'>'
+0
"'",
,'f'~
"i
.,
1:;,
,,':
G.
J.
/
~
to
}2
"
~
OJ
". Pl1b,
i '__~Sr
to
<::.
"
i;j
*".
.':e>:.,
;-';:~t:
o O.()1 002 004 Milez
I, . , I . , . I
N
f
LEGEND
.....m ...........~
J'ROJ'OSEl> N() 1'~gKJNG 33
JM)l!'2NrJl" 'r I ';::,;>f'; ~'.;t_}. ,_"";""-,,,y,,,,~"'1\i
'2 K'
r.,- . "~~~'-k"'" OF_~,,__,.J
Base map prepared by
City of lake Elsinore
EOn Division
August. 2005
Data Sources:
County of Riverside GIS
City ot lake Elsinore GIS
Stateplane NAO 83
City of Lake Elsinore
RESOLUTION NO. 2006-1ZJ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE ESTABLISHING "NO PARKING
ZONES" ON SPRING STREET
WHEREAS, Section 10.40.010 of the Lake Elsinore Municipal Code
authorizes the City Council to establish "No Parking Zones" on streets by way
of resolution; and
WHEREAS, Spring Street is a two-lane roadway, which is designated as
a truck route, and on which parking is currently permitted between Flint and
Minthorn Streets; and
WHEREAS, parked vehicles on Spring Street, particularly when parked
near intersections, block line-of-sight and roadway space; and
WHEREAS, limiting line-of-sight and roadway space causes unsafe
conditions for motorists and pedestrians, which requires restoration oflines-of-
sight and roadway space; and
WHEREAS, in order to restore the line-of-sight and roadway space, and
to improve circulation, it is necessary to designate "No Parking Zones" on
Spring Street as set forth hereinbelow.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS }<'OLLOWS:
SECTION 1. That in accordance with Lake Elsinore Municipal Code
section 10.40.010, the City Council of the City of Lake Elsinore hereby
establishes "No Parking Zones" as follows:
NAME OF STREET
SIDE OF STREET
LOCATION OF
NO PARKING ZONE
Spring Street
West Side
From the end of the curb
return at Flint Street to
the beginning of the curb
return of Mint horn Street
,.."", ,,,,,.' l'P 33
r\\';';:'-;''''.J)^~ t ,c:~.'! ',;\..1. ..:<f"",",,"".'."""O:""""""
/1.. f'\r.: .5
i'A""'" '7 ." __",,__,_
. ~..~~_.._..
CITY COUNCIL RESOLUTION NO. 2006-
PAGE20F2
Spring Street
East Side
From the beginning of
the curb return at
Minthorn to
approximately 100 feet
south
SECTION 2. This Resolution shall take effect from and after the date of
its passage and adoption.
PASSED, APPROVED AND ADOPTED this twenty-fourth day of
October, 2006, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Robert E. Magee, Mayor
City of Lake Elsinore
ATTEST:
Frederick Ray
City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold
City Attorney
^(,,..,.., I~ 3"2
t'""~'I4ii~r. iE-Ivl i~O._ ..)
'~\o,;, "n "",-
'v PAGE 0- or: ~
. -
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO:
MAYOR AND CITY COUNCIL
FROM:
ROBERT A. BRADY, CITY MANAGER
DATE:
OCTOBER 24, 2006
SUBJECT: TRI-PARTY AGREEMENT AND GROUND LEASE OF
PARK PROPERTY FOR USE AS A BOYS AND GIRLS
CLUB
BACKGROUND
Under the terms of the January 4, 1993 Development Agreement and the
AlberhiJI Ranch Specific Plan, Castle & Cooke recently conveyed a community
park site to the City.
In connection with that park conveyance, Castle & Cooke Community Housing,
Inc., ("CCCH") proposed to use a portion of the community park site to develop
a Boys and Girls Club. On June 13,2006, the City Council approved a ground
lease with CCCH for a portion of the community park site in order to facilitate
construction of a club facility for the Boys and Girls Club.
Although the CCCH ground lease could extend for up to 10 years, the parties
contemplated that CCCH would immediately donate the club facility and
terminate that ground lease upon completion of construction.
CCCH has constructed the Boys and Girls Club facility and now seeks to
donate the club facility and terminate the original ground lease with the City.
DISCUSSION
In order to implement the transfer of the club facility to Boys and Girls Club of
Southwest County, the parties have prepared two agreements.
The first agreement is a tri-party contract between Boys and Girls Club of
Southwest County, CCCH and the City (the "Tri-party Agreement"). The Tri-
n'.1
.;', I,
.'
A"""")'" ,""" 11..<...\
.. ..'I..'''.J~. : i.. _, :.J \
Pit/.,.L.. 'U~l
J
REPORT TO CITY COUNCIL
OCTOBER 24, 2006
PAGE 2
party Agreement provides for the donation of the club facility to the Boys and
Girls Club of Southwest County and terminates the existing ground lease
between the City and CCCH.
The second agreement is a ground lease between Boys and Girls Club of
Southwest County and the City for the land underlying the club facility (the
"Ground Lease"). The Ground Lease provides for a 40 year initial term with an
option to renew for 10 years. Use of the land is limited to a Boys and Girls
Club facility. In light of the anticipated contribution and service of the facility
to the community's youth, rent is set at a nominal one dollar per year. The
lease is "triple net" such that Boys and Girls Club of Southwest County is
responsible for all maintenance, utilities, insurance, and related costs.
The City will maintain all exterior landscaping, walkways and other common
areas as part of the City's park maintenance activities. Following termination
of the lease, the club facility will revert to the City.
FISCAL IMPACT
The City will receive $1.00 per year for rent. The City will maintain the
exterior landscaping surrounding the club facility as part of regular park
maintenance so no additional costs are anticipated as a result of the proposed
agreements.
RECOMMENDATION
That the City Council approve the attached Tri-party Agreement and Ground
Lease and authorize the Mayor to execute the Tri-party Agreement and Ground
Lease, subject to any minor modification as approved by the City Attorney.
PREPARED BY:
BARBARA ZEID LEIBOLD, CITY A TIORNEY
APPROVED FOR
AGENDA BY:
':J.u
J\GE~\U\ ri(:;;~ ~'~\:'._.:!-....L_,....~.-.__.
".,"" ~ . '" ~l
j', oj.. <'.'\
..~!.;. _._..........--~.-
. . -..--' - .... --- ~
AGREEMENT
(Boys and Girls Club Recreational Facility on Lot 1 of Tract No. 28214-4)
THIS AGREEMENT ("Al!reement") is dated for identification purposes as of
November 1, 2006 and is entered into by and amollg Castle & Cooke Community Housing, Inc.,
a California corporation ("Communitv Housinl!"), the City of Lake Elsinore, a California
municipal corporation ("Citv") and the Boys and Girls Club of Southwest County ("Bovs and
Girls Club"), a California non-profit corporation, with reference to the following facts:
A. As used in this Agreement, the terms set forth below shall have the following
meanings:
(1) "Bovs and Girls Club Facilitv Site" means that portion of the Park
Site shown and described in Exhibit A attached hereto and incorporated herein by reference.
(2) "Contractors" means the contractors, materialmen, consultants and
other vendors that provided and/or are providing services and/or materials toward the
construction and completion of the Improvements.
No. 2005-2.
(3) "Countv" means the County of Riverside, State of California.
(4) "District" means City of Lake Elsinore Community Facilities District
(5) "Donation" shall have the meaning ascribed to such term in
paragraph 1 (a) below.
(6) "Existinl! Bovs and Girls Club Ground Lease" means that certain
Ground Lease dated as of June 28, 2006 between the City, as landlord, and Community
Housing, as tenant, pertaining to the Boys and Girls Club Facility Site.
(7) "Improvements" means an approximately 5,520 square foot
recreational facility and related improvements and appurtenances which have been or will be
completed substantially in accordance with the Plans and Specifications.
(8) "New Bovs and Girls Club Ground Lease" means a Ground Lease
between the City, as landlord, and the Boys and Gids Club, as tenant, pertaining to the Boys
and Girls Club Facility Site substantially in the form of Exhibit B attached hereto and
incorporated herein by reference.
(9) "Park Site" means Lot 1 of Tract No. 28214-4 filed December 23,
2005 in Book 396, Pages 3 through 7, inclusive of Maps, in the office of the Recorder of the
County.
(10) "Plans and Specifications" means the plans and specifications
described in Exhibit C attached hereto and incorporated herein by reference.
J\or:r\ID~\ r;'~~];!i nc..
y\
l'j"'''' .Il.
{;.\..H:.~~J~,._
'~.;- ~~ J'~'
C:\Documents and SettinRS\fray\LocaJ SeUinRS\Tcmporary Internet Files\OLK23\BoVt and Girls Club A~reemcnt I01806.DOC
(11) "Punch List Items" means minor work, the completion of which by
Community Housing will not materially interfere with the normal use of the Improvements.
(12) "Substantial Completion" means the date that (i) the Improvements
are sufficiently complete in substantial accordance with the Plans and Specifications so that
the Project can be occupied or utilized for its intended use, subject only to completion of the
Punch List Items, and (ii) all required occupancy permits, if any, have been issued.
B. Community Housing and the City entered into the Existing Boys and Girls Club
Ground Lease to enable Community Housing to construct the Improvements on the Boys and
Girls Club Facility Site with the intent of donating the Improvements to the City to be thereafter
used by the Boys and Girls Club as a youth center facility to operate the Boys and Girls Club
program and activities.
C. The Boys and Girls Club has requested that Community Housing donate directly
to the Boys and Girls Club the Improvements rather than having the City own the Improvements
and lease them to the Boys and Girls Club.
D. Community Housing is willing to donate the Improvements to the Boys and Girls
Club directly, subject to the terms of this Agreement (including the City's agreement to cancel
and terminate the Existing Boys and Girls Club Ground Lease upon the Donation of the
Improvements to the Boys and Girls Club).
E. The City is willing to cancel and terminate the Existing Boys and Girls Club
Ground Lease upon the Donation of the Improvements to the Boys and Girls Club, subject to the
terms of this Agreement (including the Boys and Girls Club entering into the New Boys and
Girls Club Ground Lease).
NOW THEREFORE, based on the foregoing and the promises, covenants and
undertakings contained in this Agreement, and for otl1er good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, Community Housing, the City and the
Boys and Girls Club agree as follows:
1. Donation of Improvements to Bovs and Girls Club. Upon the Substantial
Completion of the Improvements:
(a) Donation. Community Housing shall donate the Improvements to the
Boys and Girls Club for purposes of operating a youth center for the Boys and Girls Club
programs and activities by executing and delivering to the Boys and Girls Club a grant
deed for the Improvements (such action is referred to as the "Donation"). The grant deed
shall be in such form as provided by Community Housing and shall contain a covenant to
operate the Improvements as a youth center for Boys and Girls Club programs and
activities and shall name the City as a third party beneficiary. Community Housing, the
Boys and Girls Club and the City acknowledge and agree that upon termination of the
New Boys and Girls Club Ground Lease or earlier cessation of the operation of the
Improvements as a youth center for Boys and Girls Club programs and activities, the
Improvements shall attach to the underlying real property and inure to the City. The
f'..G~l\lDf~ i'i';~~;:"i ;',,:';:
"V'" 1 ....
I""-k't.'.,.\.,.,
. ""-.'__"__'no _...._.:...-.
C\Oocuments and Settinw;\frav\LocaJ Settings\Temporarv Internet Files\OLK23\Bovs and Girls Club AfUCemcnt l01806.DQC
2
2)'1
. A'~C~~-:
Boys and Girls Club shall accept the Donation as a charitable contribution to the Boys
and Girls Club. Thereafter, the Boys and Girls Club shaH execute in a timely manner aH
documents and instruments reasonably requested by Community Housing to effect and
further evidence the Donation as a charitable contribution and the Boys and Girls Club's
acceptance of such Donation, including executing Section B, Part IV, Donee
Acknowledgement of a completed IRS Form 8283 for the Donation as prepared by
Community Housing. Promptly after the Donation by Community Housing and
acceptance by the Boys and Girls Club, Community Housing shall complete, at
Community Housing's expense, any Punch List Items. Except for completion of the
Punch List Items, the Donation shall be on an "as is" basis and the Boys and Girls Club
acknowledges that neither Community Housing nor any other person is making any
representation, warranty or assurance whatsoever to the Boys and Girls Club with respect
to the Improvements. Notwithstanding the foregoing, Community Housing shall assign
to the Boys and Girls Club all assignable warranties and guaranties made by or received
from any third party with respect to any building component, fixture, machinery,
equipment or material comprising the Improvements. Upon acceptance of donated
Improvements by the Boys and Girls Club, the Boys and Girls Club waives and releases
Community Housing from any claims or demands for loss or damage, known or
unknown, that the Boys and Girls Club has had in the past, now has or may have in the
future against Community Housing arising out of or relating in any way to the
Improvements. With regard to the foregoing waiver and release, the Boys and Girls Club
specifically waives the provisions of California Civil Code Section 1542, which provides:
"A general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor." The Boys and Girls Club shall
indemnify and hold Community Housing harmless from and against all claims and
demands for loss or damage arising out of or in cOlUlection with the Improvements.
(b) Contractors. Numerous Contractors have been or may be providing their
services and/or materials for free and/or at reduced cost toward the construction and
completion of the Improvements because of the intended Donation of the Improvements
to the Boys and Girls Club in accordance witli the terms of this Agreement. In
recognition and acceptance of the donation of services and/or materials provided by such
Contractors, the Boys and Girls Club agrees that, at the time of the Donation and
acceptance of the Improvements, the Boys and Girls Club shall execute and deliver to
each such Contractor, at the applicable Contractor's request, a donation
acknowledgement form in substantially the form of Exhibit D attached hereto and
incorporated herein by reference acknowledging as a donation the value of the services
andlor materials provided the Contractor for free or, if the same have been provided at
reduced cost, the value of the discount (which value shall be the same as the value
assigned to such donation in the contract between Community Housing and the
Contractor with respect to the services andlor materials being provided by such
Contractor to the Improvements). In addition, at the request of any such Contractor, the
Boys and Girls Club also shall execute and deliver to the Contractor Section B, Part IV,
Donee Acknowledgement of a completed IRS Form 8283 for such donation as prepared
by the Contractor.
3
j:~GFi\; Di\ r; ~>< 7h
PP\Gii.5:" ,."_(1;::_.1.11,",__
C:\Documents and Settinas\frav\Local Settings\Tcmponuv Inlernet Files\OLK23\Bovs and Girls Club A.e.reemcnt 10 1806.DOC
(c) Charitable Or(!:anization Reoresentation. The Boys and Girls Club
hereby represents and warrants to Community Housing that the Boys and Girls Club is
and will be at the time of the Donation: (i) a non-profit corporation duly organized,
validly existing and in good standing in the State of California, and (ii) recognized by the
Internal Revenue Service as a tax exempt organization described under Section 50l(c)(3)
of the Internal Revenue Code.
2. Termination of Existing Boys and Girls Club Ground Lease and Replacement
with New Boys and Girls Club Ground Lease.Upon the Donation of the Improvements to the
Boys and Girls Club and the acceptance by the Boys and Girls Club of the Donation as a
charitable contribution:
(a) Termination of Existing Boys and Girls Club Lease. The City and
Community Housing agree that the Existing Boys and Girls Club Lease shall be automatically
cancelled and terminated and of no further force or effect whatsoever effective as of the date of
such Donation and acceptance. The City acknowledges and agrees that upon the date of such
Donation and acceptance (i) the City shall have no right, interest or claim in or to the
Improvements, except to the extent such right, interest or claim may arise under the New Boys
and Girls Club Ground Lease and (ii) the City waives and releases Community Housing from
any claims or demands for loss or damage, known or unknown, that the City has had in the past,
now has or may have in the future against Community Housing arising out of or relating to the
Existing Boys and Girls Club Ground Lease except for (x) .third party claims or demands arising
prior to the termination of the Existing Boys and Girls Club Ground Lease, (y) claims or
demands arising in connection with environmental contamination or hazardous substances and/or
(z) claims or demands which result from the gross negligence, willful misconduct or fraud of
Community Housing.
(b) New Boys and Girls Club Lease. The City and the Boys and Girls Club
shall enter into the New Boys and Girls Club' Lease for the Boys and Girls Club Facility Site
with a term commencing on the date of such Donation and acceptance.
3. Miscellaneous
(a) Construction. Headings in this Agreement are for convenience only and
are not part of this Agreement. When the context so requires, words in the masculine, feminine
or neuter gender shall include each other gender; and words in the singular or plural shall include
each other. Unless otherwise indicated, all references to paragraphs and subparagraphs are to
this Agreement. This Agreement is executed and delivered in the State of California and shall be
construed and enforced in accordance with and governed by the laws of the State of California.
(b) Severabilitv. In the event any portion of this Agreement shall be declared
by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall
be deemed severed from this Agreement and the remaining part of this Agreement shall remain
in full force and effect, as fully as though such invalid, illegal and unenforceable portion had
never been part of this Agreement.
4
H,Ei'];;!\ ;',:C.;. ...c.::.....).'".)..............
PP/):;;..Lq.... .........o;.....yJ........
C:\Documents and ScttmJtS\frav\LocaJ SettinRS\TemDOrarv Internet Files\OLK23\Bovs and Girls Club Agreement 101806.DOC
(c) Attornevs' Fees. If any action is brought to enforce this Agreement, the
prevailing party(s) shall be entitled to recover all costs and expenses of the action including
reasonable attorneys' fees.
(d) Entire Agreement. This Agreement contains the entire agreement between
the parties concerning the subject matter of this Agreement and supersedes any and all other
prior agreements, understandings, or negotiations concerning such subject matter.
(e) Enforcement. Enforcement of this Agreement may be by any proceeding
in law or in equity against any person or persons or entity' or entities violating or attempting to
violate any of the provisions of this Agreement, and any party enforcing this agreement may seek
to enjoin or prevent such violating party or parties from doing so, may seek to cause any
violation to be remedied and/or to recover damages for any violation.
(t) Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the successors and permitted assigns of the parties hereto. No party may assign
its rights or obligations under this Agreement, without the consent of the other parties, which
consent may be withheld in the sole discretion of the other parties.
(g) No Joint Venture. It is hereby acknowledged by the parties that the
relationship between each of the parties to the others is not that of a partnership or joint venture
and that no party shall be deemed or construed for any purpose to be the agent of any other party.
(h) CounteroartslFacsimile Signatures. This Agreement may be executed in
two or more fully or partially executed counterparts, each of which will be deemed an original
binding the signer thereof against the other signing parties, but all counterparts together will
constitute one and the same instrument. Facsimile signatures shall be treated as if they were
original signatures.
(i) Notices. All notices or other communications required or permitted under
this Agreement shall be in writing and shall be delivered personally or sent by United States
mail, registered or certified, return receipt requested, postage prepaid, or by recognized overnight
delivery service addressed as follows:
If to Developer:
Castle & Cooke Community Housing, Inc.
17600 Collier Avenue, Suite C120
Lake Elsinore, California 92530
Attn: MJ. Tom Tomlinson
If to City:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Alto: City Manager
with a copy to:
Leibold McClendon & Mann, PC
23422 Mill Creek Drive, Suite 105
Laguna Hills, California 92653
Alto: Barbara Leibold, City Attorney
5
{~~GH\~;:.i};\ n~:',~',:'; ','. _" ..3~~t...~. .,'._,
Pi'.lJC;....].....o:'....':1.1.....
C:\Documenls and Seuin~\frav\Local Settin~\Temporary Internet Files\OLK23\Bovs and Girls Club A~reement IOI806.DOC
If to Boys and Girls Club
via United States mail:
Boys and Girls Club of Southwest County
P.O. Box 892349
Temecula, California 92589-2349
Attn: Michelle Arellano
via personal deliveryl
overnight delivery service:
Boys and Girls Club of Southwest County
28790 Pujol Street
Temecula, California 92590
Attn: Michelle Arellano
Any party may, by notice to the others, designate a different address for notices which shall be
substituted for that specified above. All notices and other communications given as provided in
this paragraph shall be effective upon receipt.
(j) Amendment. This Agreement may be amended, modified or terminated
only by an instrument in writing executed by Community Housing, the City and the Boys and
Girls Club.
[Signatures on next page]
6
i'iJ:._ .., l 'i, \l' ....)'-\. '.. ",
"':"<:;"__.1.... -:.:.___Lj]"."
C:\Documents and SettinlltS\frav\Local SettinllS\Temporarv Internet Files\OLK.23\Bovs and Girls Club Agreement l01806.DOC
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
COMMUNITY HOUSING:
CASTLE & COOKE COMMUNITY
HOUSING, INC., a California corporation
By:
Name:
Title:
By:
Name:
Title:
CITY:
CITY OF LAKE ELSINORE, a municipal
corporation
By:
Name:
Title:
APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.e.
City Attorney
By:
Barbara Zeid Leibold
BOYS AND GIRLS CLUB:
BOYS AND GIRLS CLUB OF
SOUTHWEST COUNTY, a California non.
profit corporation
By:
Name:
Title:
3~
7 lIGE,-j :';.;,;~.'.:ct.~~.~;jf:.~"'{,f.~
C:\Documcnts and Settinj:!S\frav\Local SeUings\Temporarv lntcrnet Files\OLK23\Boys and Girls Club AlUeement 101806.DOC
Exhibit "A "
Boys and Girls Club Facility Site
[see attached]
J\Gn\jD!\ rn,:L" i\;:
C:\Documents and Settin,gs\frav\Local Settin,gs\Temporarv Internet Files\OLK23\Bovs and Girls Club Agreement lO1806.DOC
,-,,,' \0'
,',,,'(':',,
;,~ "--_..._~.,,'-~
~q
\H~ '-\]
.._.,~'.- ...---
Exhibit "B"
Form of New Boys and Girls Club Grouud Lease
[see attached]
?~\
lVJtND:\ ;":';~;'1": i'-:" "'_~)_..... ',. ...
'\)['\"'" III ik,..!1J_,.
;, '\ /...,_~.l, __~._,_ ,,-
C:\Documents and Settings\frav\Local Settings\Temoorarv Internet Files\OLK23\Bovs and Girls Club AlU'eement 101806.DOC
Exhibit "C"
Plans and Specifications
[see attached)
:" Ll
i~t;[;\,~i;.:: i':';.'-:l ," ~.,-\
""C'" ~ ~ ,,' H 1
,rl :,;: {-' vc .,
.~- ...:..---.~- .....-.....-.--.
C:\Documents and SeUin~\frav\Local Settings\remporarv Internet Fites\OLK23\Boys and Girls Club Aweement I01806.DOC
Exhibit "D"
Form of Donation Acknowledgement
ACKNOWLEDGMENT OF DONATION
In connection with the construction and completion of the Boys and Girls Club project
("Project") located in the Boys and Girls Club of Southwest County, a California non-profit
corporation ("Boys and Girls Club"), the Boys and Girls Club hereby acknowledges receipt of a
donation to the Boys and Girls Club by
("Contractor") of [describe services or materials provided] ("Donated Services/Materials"). The
Boys and Girls Club did not provide any goods, services or other consideration in exchange for
the Donated ServiceslMaterials. The Boys and Girls Club hereby accepts on the date hereof the
Donated ServiceslMaterials from the Contractor on an "as is" basis and agrees that from and
after the date hereof the Contractor shall have no responsibility or obligation with respect to the
Donated ServiceslMaterials or to provide additional services or materials in connection with the
Project and the Boys and Girls Club assumes all risk and responsibility with respect to same.
Date:
Boys and Girls Club of Southwest County
By:
Name:
Title:
'2'
, ,.>'.,.~:>"i..._..._.
\'~ . - i:1""\
~-." ".".. 1
~.),.!.\.c,t,:._: "_~,"_".ff _,,_N_ __.~..~.~
C.\Dncuments and Settlngs\frav\Local Settin~\Temllorarv Internet Files\OLK23\Boys and Girls Club A~reement IOI806.DOC
GROUND LEASE
by and between
CITY OF LAKE ELSINORE,
a municipal corporation,
as Landlord
BOYS AND GIRLS CLUB OF SOUTHWEST COUNTY,
a California nonprofit corporation
as Tenant
p~{:i":~'.:D.'\ ~'\~U
F,<,',::..,f\......
51
.~\J......
TABLE OF CONTENTS
ARTICLE I - PREMISES..... ....... ......... ............................... .............. .... ..... ..................... ...... ...... I
1.1 Demise. .................................................................:......................................................... I
1.2 Condition of Premises.............................................................................. ....................... 2
1.3 Common Areas. .............................................................................................................. 2
ARTICLE 2 - TERM.................................................................................................................... 3
2.1 Term. .... ................ ....... ........ ....... ................... ...... .............................. ................... ...... ..... 3
2.2 Extension Option. ...........................................................................................................3
2.3 Holdover, ....... ... ........ ............ .... ....... ........ .... .................. ... ...... .... .... ............... ...... ........... 3
ARTICLE 3 - RENT ..................................................................................................................... 4
3.1 Base Rent. ....................................................................................................................... 4
3.2 Definition of Rent. .......................................................................................................... 4
ARTICLE 4 - TAXES AND IMPOSITIONS............................................................................. 4
4.1 Impositions...................................................................................................................... 4
4.2 Proration of Taxes. ......... ......... .................. .............. ............ ..... ......... ...... ..... ................... 4
4.3 Evidence of Payment. ..................................................................................................... 5
4.4 Assessment Districts. ............ ....... .................................m....... ........ ........... .......... ........... 5
4.5 Duty to File Declarations. ............................................................................................... 5
4.6 Payment Through Landlord. ........................................................................................... 5
4.7 Possessory Taxable Interest. ...........................................................................................6
4.8 Personal Property. ...........................................................................................................6
ARTICLE 5 - TRIPLE NET LEASE.......................................................................................... 6
ARTICLE 6 - GOVERNMENTAL APPROVALS................................................................... 6
ARTICLE 7 - MAINTENANCE, REPAIR AND ALTERATIONS ....................................6
7.1 Maintenance and Repair. ................................................................................................ 6
7.2 Alterations Generally. ...........................................;......................................................... 8
ARTICLE 8 - INSURANCE ........................................................................................................ 9
8.1 Insurance. .... .......... .................... ........ ............... .......... .................. ................ ................... 9
8.2 Policy Requirements. .................................................................................................... 10
8.3 Blanket Policy. ...................,.......................................................................................... 10
8.4 Right of Landlord to Obtain Insurance. ........................................................................10
8.5 Waiver of Subrogation. ................................................................................................. II
ARTICLE 9 - DAMAGE AND DESTRUCTION.................................................................... II
9.1 Rights and Obligations..........................................:....................................................... II
9.2 Waiver of Statutory, Provisions.................................................................................... II
ARTICLE 10 - EMINENT DOMAIN....................................................................................... II
10.1 Total Taking.................................................................................................................. 11
10.2 Partial Taking................................................................................................................ 12
lOA Entitlement to Condemnation Award. .............................................................................. 13
10.5 Landlord Appointed Attorney-in-Fact. .........................................................................13
10.6 Waiver. ...................................... ... .... ........ .... ..................... ........... .......... .......... ............. 13
ARTICLE II - UTILITIES................................................:....................................................... 13
11.1 Payment...... ............... ................ ................... ......... ............ .......... ......................... ......... 13
11.2 Installation.. ........:...... ................... .......................................... ......... ............... ...... ......... 14
ARTICLE 12 - LANDLORD'S ACCESS AND INFORMATION ........................................14
BGCSC Ground LeR5le 101806
3
:,:.."..3>,:\....
_,.. jh. ","; 1\ 'l
PAl/c.. ,::!__.__' 1 __":1.____~
12.1 Inspections. ................................................................................................................... 14
12.2 Showing Premises. ........................................................................................................ 14
ARTICLE 13 - USE .................................................................................................................... 14
13.1 Use. .......................................................................;....................................................... 14
13.2 Continuous Operations.................................. ........ ................ ... ..................................... 15
13.3 Manner of Use............................................................................................................... 15
13.4 Compliance with Law. .................................................................................................. 15
13.5 Nondiscrimination... ............... .......... ......... ........................ ................ ...................... ...... 15
ARTICLE 14 - ASSIGNMENT AND SUBLETTING ............................................................ 16
14.1 Consent Required. ......................................................................................................... 16
14.2 Additional Conditions................................................................................................... 16
14.3 Violations Void; Remedies. ..................................:....................................................... 16
14.4 Transfer of Landlord's Interest. .................................................................................... 17
ARTICLE 15 - DEFAULTS AND REMEDIES....................................................................... 17
15.1 Default...... .......... ........... ............................ ............... ...... ....... ................. ....................... 17
15.2 Remedies.. .................... ..... ............... ................ .................... ...... ..................... ........ ...... 18
15.3 Landlord's Default. ....................................................................................................... 19
ARTICLE 16 - TENANT'S PROPERTY ................................................................................. 20
ARTICLE 17 - FEE MORTGAGES......................................................................................... 20
17.1 Encumbrance of Reversion. .......................................................................................... 20
17.2 Recognition of Lease. ...................................................................................................20
17.3 Notice to Fee Mortgagee............................................................................................... 20
ARTICLE 18 - .... ............................................................ ................................... .................... ..... 21
INDEMNITY AND EXEMPTION OF LANDLORD FROM LIABILITy.......................... 21
18.1 Indemnity. .... ............................................ ......... .............. ............ ......... ...... ...... ............. 21
18.2 Exemption of Landlord From Liability......................................................................... 22
18.3 Survival. . .......... ........ ........... ..... ....... ....... ................. ....... .......... ................ ......... ............ 22
ARTICLE 19 - ESTOPPEL CERTIFICATES ........................................................................ 22
ARTICLE 20 - HAZARDOUS MATERIALS ......................................................................... 22
20.1 No Hazardous Materials. .............................................................................................. 22
20.2 Notice. .................. ....... ........................ ........ ................ ...... .............. ...... ...... ........ .......... 23
20.3 Indemnity. ............ .... ........ .... ... .... ........ ... .... ........ ........ .......... ... ........ ..... ...... ........ ........... 23
20.4 No Release. ...................................................................................................................23
20.5 Hazardous Material Defined. ........................................................................................ 23
20.6 Laws. ... .,. ........ .... ........................ ............... .... ..... ...... ...... ... ............ ...... ...... ....... ....... ...... 24
ARTICLE 21- SURRENDER...................................................................................................24
ARTICLE 22 - GENERAL PROVISIONS .............................................................................. 24
22.1 Non-Waiver. ......... ............. ........ ....... ....... ......... ..... .......... ............... ...... .......... ............... 24
22.2 Attorneys' Fees; Waiver of Jury Trial. ......................................................................... 25
22.3 Broker's Commissions.................................................................................................. 25
22.4 Severability; Entire Agreement; Amendments. ............................................................ 25
22.5 Notices. ......................................................................................................................... 26
22.6 Further Assurances................................................;....................................................... 27
22.7 Governing Law. ...... .............. ........ .............. ............................. .................................. ... 27
22.8 Successors and Assigns.... ..... ............. ........ ........................... ........... .......................... ... 27
22.9 Time of Essence. ........................................ ........ ................... ........................................ 27
".-,..:. \If
3"\
.._~n_.
SGCSC Ground Lea9: 101806
4
t'_S:/r~nt_~.r.: \"i-~:'\I
22.10 Headings; Joint and Several...................................................................................... 27
22.11 No Option.................................................................................................................. 28
22.12 Right of Landlord to Perform. ..................................................................................28
22.13 Survival of Obligations. ....................................;....................................................... 28
22.14 Relationship of Parties. ............................................................................................. 28
22.15 Exhibits and Addenda. .............................................................................................. 28
22.16 Execution in Counterparts.........................................................................................29
EXHIBITS
Exhibit "A" Site Map
Boese Ground Leare 101806
5
t/::,>,~:)< ';'.:';':-~'1 3~
,.{".." \1 .. ~::;---u-:;I._..-
...-,\J.....__.._~_ "'" .~._:J.__
GROUND LEASE
THIS GROUND LEASE (the "Lease") is dated for identification purposes as of
November I, 2006 and is entered into by and between the CITY OF LAKE
ELSINORE, a municipal corporation ("Landlord"), and the BOYS AND GIRLS CLUB
OF SOUTHWEST COUNTY, a California nonprofit corporation ("Tenant").
WHEREAS, as of the date of this Lease, Landlord is the owner of record of that
certain public park commonly known as Alberhill Community Park (the "Park") located
in the residential community of Alberhill Ranch in the City of Lake Elsinore, County of
Riverside, State of California a portion of which is' improved with an approximately
5,520 square foot recreational building (the "Building") donated to or to be donated
concurrently herewith to Tenant for purposes of operating a youth center for the Boys and
Girls Club programs and activities.
WHEREAS, Landlord desires to lease to Tenant, and Tenant desires to lease from
Landlord, the Premises (as hereinafter defined) for purposes of operating the Building as
a youth center tor the Boys and Girls Club programs and activities, subject to and in
accordance with the terms and conditions hereinafter set forth.
ARTICLE 1 - PREMISES
1.1 Demise.
In consideration for the Rents payable by Tenant and for the agreements,
terms and conditions to be performed by Tenant pursuant to this Lease, Landlord hereby
leases to Tenant and Tenant hereby leases from Landlord, the Premises subject to (i) all
covenants, conditions, restrictions, easements and other matters of record and any other
matters affecting title thereto (including matters visible upon inspection or that would be
revealed by an AL T A survey), and (ii) the terms and conditions of this Lease hereinafter
stated.
The Premises demised by this Lease consist of that portion of the Alberhill
Community Park underlying the Building and extending five feet beyond the exterior
perimeter thereof and all improvements thereon (hereinafter the "Premises"). The
Premises, the Building and the Common Area as defined in Section 1.3 of this Lease are
depicted on the Site Map attached hereto as Exhibit "A" and incorporated herein by
reference.
,\:,;L;',,;'
:3'-\
. g ". ............. ,,---.
,. \~.. I f" LJ ~
~'f.,;)i:.. ~)l- -,' J
~._-, --_._>- _._..__.....___,u_
. '.
\ : .-:;~_.,
1.2 Condition of Premises.
Tenant acknowledges that it has had full opportunity to investigate the
Premises and has full knowledge of the condition of the Premises. Tenant accepts the
Premises in its current "AS-IS" condition, with all faults, as of the execution of this
Lease. Except as expressly provided herein, Tenant acknowledges that neither Landlord
nor any agent or employee of Landlord has made any representation, express or implied,
as to the condition of the Premises or the suitability of the same for Tenant's intended
use. Tenant represents and warrants that Tenant has made its own inspection of and
inquiry regarding the condition of the Premises and is not relying on any express or
implied representations of Landlord, any agent or employee of Landlord, or any broker
with respect thereto.
1.3 Common Areas.
Tenant shall have the non-exclusive right to use the Common Areas (as
hereinafter defined), along with such rights of ingress and egress as may be necessary to
effectuate the Tenant's use of the Premises.
For purposes of this Lease, the term "Common Areas" shall mean the
concrete area surrounding the Premises and adjacent parking lot as designated on Exhibit
"A" [Note - Site Map should include all of the triangular shaped concrete pad which
includes the basketball courts and picnic area, etc, along with adjacent parking lot.]
Subject to the Landlord's approval, which shall not be unreasonably
withheld, Tenant may utilize the Common Area directly adjacent to the entrance of the
Premises for the purposes of adding "naming bricks" to be offered by Tenant as a
fundraising opportunity to support its use and operation of the Boys and Girl's Club
facility and programs on the Premises. Additionally, the Parties shall reasonably
cooperate to provide Tenant with temporary exclusive use of designated Common Areas
components during such times as maybe determined that there is minimal general public
use or for special events hosted by Tenant.
Landlord has the right, in its sole discretion, from time to time, to: (i) make
changes to the Common Areas, including, without limitation, changes in the location,
size, shape and number of driveways, entrances, parking spaces, parking areas, ingress,
egress, direction of driveways, entrances, corridors and walkways; (ii) close temporarily
any of the Common Areas for maintenance purposes so long as reasonable access to the
Premises remains available; (iii) add additional buildings and improvements to the
Common Areas or remove existing buildings or improvements therefrom; (iv) use the
Common Areas while engaged in making and do additional improvements, repairs or
alterations to the Park or any portion thereof; and (v) and perform any other acts or make
any other changes in, to or with respect to the Common Areas and the Park as Landlord
Boese Ground Lease 101806
2
,'''''/' '.,.. 3...:..
('\i.!\~I)r).,<.: '_ ,',\',; ",(,.""_,,~.__'.~J",,___,._,.,,.,_..
'\r" In .'" Lll
v' .,;~;, =1-,_ _,.>i~'_...__'...L..._.,...
may, in its sole discretion, deem to be appropriate; provided, however, that Landlord
shall usc reasonable efforts to minimize any disruption to Tenant's use of the Premises
during the making of any such modifications and further provided that Landlord shall not
effect any modification that denies Tenant access to and/or use of the Premises.
ARTICLE 2 - TERM
2.1 Term.
The term of this Lease ("Lease Term") shall be for forty (40) years,
commencing on November I, 2006 ("Commencement Date") and terminating at
midnight on October 31, 2046, unless sooner terminated in accordance with the terms
. hereof. As used herein the term "Lease Year" shall mean the twelve (12) month period
commencing on the Commencement Date and each successive twelve (12) month period
thereafter during the Lease Term.
2.2 Extension Option.
Provided that: (a) this Lease is in full force and effect; (b) Tenant is not in default
hereunder beyond any applicable notice and cure period at the time it gives notice of
extension or at the beginning of the extension term; (c) this Lease had not been assigned,
then Tenant shall have the option to extend the Lease Term for ten (10) years (the
"Extension Term") by notice in writing delivered to Landlord not later than six (6)
months prior to the expiration of the initial Lease Term. All of the covenants, conditions
and provisions of this Lease shall be applicable to the Extension Term.
2.3 Holdover.
If Tenant holds over or otherwise fails to comply with Article 21 hereof
after the expiration or earlier termination of the Lease Term without the express written
consent of Landlord, Tenant shall become a tenant at sufferance only, and the Base Rent
for such holdover period shall be increased to the fair market rental rate for the Premises,
as determined in good faith by Landlord. Acceptance by Landlord of rent or any other
payment after such expiration or earlier termination 'of this Lease shall not constitute
Landlord's consent to a holdover hereunder or result in a renewal. The foregoing
provisions of this Section 2.3 are in addition to and shall not be deemed to limit or
constitute a waiver of Landlord's right of re-entry or any rights of Landlord or Tenant
under this Lease or otherwise provided by law or equity. If Tenant fails to surrender the
Premises or to otherwise comply with Article 21 hereof upon the expiration or earlier
termination of this Lease without Landlord's express written consent, Tenant shall
indemnify and hold Landlord harmless from all loss, liability, cost, damage and expense,
including without limitation, attorneys' fees and costs, arising from or relating to
Tenant's failure to surrender or to otherwise comply with Article 21 hereof, including,
Boese Ground Leme 101806
3
'2'
11,('::-;;-.;L,r, ;-,:) , ,,; -,:",: ...:>1
P!>.G'._<:~?_.~_()l;=. ....j~==
without limitation, any claim made by any succeeding tenant, founded on or resulting
from such failure to surrender.
ARTICLE 3 - RENT
3.1 Base Rent.
Tenant shall pay to Landlord annual base rent ("Base Rent") of One Dollar
($1.00) on the first business day of each Lease Year during the Lease Term.
3.2 Definition of Rent.
All monetary obligations of Tenant to Landlord under the terms of this
Lease, including but not limited to rent, late charges, interest, insurance premiums, and
real estate taxes, are deemed to be rent hereunder (collectively, "Rent").
ARTICLE 4 - TAXES AND IMPOSITIONS
4.1 Impositions.
Tenant shall pay, when due, all taxes, assessments, rates, charges, license
fees, municipal liens, levies, excises, or imposts, if any, whether general or special, or
ordinary or extraordinary, including all governmental charges which may now or
hereafter be levied, assessed, charged or imposed against or which may become a lien or
charge upon Tenant's leasehold estate in the Premises hereby created, including Tenant's
possesory interest described herein or upon Landlord. by reason of its ownership of the
fee underlying this Lease (collectively, "Impositions"). Landlord shall have no
obligation to payor discharge any Imposition or any penalties or interest resulting from
late payment, except to the extent that Landlord did not provide Tenant sufficient
information for the timely payment of any Imposition, penalty or interest not less than
thirty (30) days prior to the date that such payment would become delinquent.
4.2 Proration of Taxes.
All of the taxes, assessments, charges, imposts and levies of any nature
whatsoever, which shall relate to a fiscal year during which the Lease Term (and
Extension Term, if applicable) shall commence or terminate, shall be prorated between
Landlord and Tenant as of the commencement or termination date, as applicable.
Boese Ground Lease: IOt806
4
J\G,\.~\;:'\':\ ~':-~-:M '?:c.._~2j__'"7""_-:""_
ri\:.".':?\........Oi'....:D....
4.3 Evidence of Payment.
Within fifteen (15) days after written request of Landlord, Tenant shall
obtain and deliver to Landlord evidence of payment of all Impositions, including, without
limitation, receipts or duplicate receipts.
4.4 Assessment Districts.
If any governmental entity or agency shall undertake to create an
improvement or special assessment district, the proposed boundaries of which include
any portion of the Premises, Tenant shall not support the same without the prior written
consent of Landlord. In the event Tenant receives any notice or other information relating
to the proposed creation of any such district, Tenant shall immediately advise Landlord in
writing of such receipt and shall provide Landlord with a copy of such notice or
information. In the event that any such improvement or assessment district is created, all
taxes, assessments, charges, levies, or imposts arising therefrom shall be paid by Tenant
as an Imposition hereunder; provided, however, if Landlord has the option to elect that
any tax, assessment, charge, levy or impost to finance such a special improvement be
payable in installments, then Landlord shall make such election, and Tenant shall only be
required to pay such installments as shall become due and payable during the Lease Term
(as it may be extended), appropriately prorated for the years at the commencement and
termination of the Lease Term (as it may be extended).
4.5 Duty to File Declarations.
Tenant alone shall make or file any declaration, statement or report which
may be provided or required by law as the basis of or in connection with the
determination, equalization, reduction or payment of any and every Imposition which is
to be borne or paid or which may become payable by Tenant under the provisions of this
Article 4, and Tenant shall promptly give Landlord copies thereof. Landlord shall not be
or become responsible to Tenant therefor, nor for the contents of any such declaration,
statement or report.
4.6 Pavment Through Landlord.
In case any person or entity to whom any sum is directly payable by Tenant
under this Article 4 shall refuse to accept payment of such sum from Tenant, and Tenant
knows or has reason to believe that its payment will be refused, Tenant shall pay such
sum directly to Landlord not less than fifteen (IS) days prior to its being due, and
Landlord shall thereupon pay such sum to such person or entity. Landlord shall not be
responsible for any late charge or penalty that may be assessed in connection therewith.
Boese Ground Lease 101806
5
('r":'::..", ;;;.>" ,.J....,,3'i...._..__
(,',CI..?::?.OF...j 1._
4.7 Possessory Taxable Interest.
Tenant acknowledges that this Lease creates a possessory interest in public
property that may be taxable and Tenant shall pay any real property taxes levied against
the Premises as a result of such possessory interest taxes, which may be imposed on
Tenant's interest in the Premises. This provision constitutes written notice to Tenant
pursuant to California Revenue and Taxation Code Section 107 et seq.
4.8 Personal Property.
Throughout the Lease Term, Tenant shall pay and discharge, when and as the same
become due, directly to the taxing authority, all taxes, assessments and other charges
imposed or levied upon any personal property situated in, on or about the Premises.
Tenant shall use commercially reasonable efforts to cause such personal property taxes to
be levied or assessed separately from the Premises.
ARTICLE 5 - TRIPLE NET LEASE
It is the purpose and intent of Landlord and Tenant that all Rent payable to
Landlord hereunder shall be absolutely net of all costs and expenses to Landlord that
relate in any way to the Premises, including, without limitation, any and all maintenance,
repair, utility and operation costs and that Tenant will pay all such costs and expenses
unless otherwise expressly provided in this Lease.
ARTICLE 6 - GOVERNMENTAL APPROVALS
Tenant acknowledges and agrees that it shall be the responsibility of Tenant
to obtain, at Tenant's sole cost and expense, any and all governmental approvals,
including, but not limited to, all permits, licenses, variances, zoning changes, which are
required by any governmental or regulatory authority in connection with any
construction, use, occupancy or operation of the Premises or the conduct of Tenant's
Boys and Girl's Club program and activities upon the Premises (hereinafter referred to
collectively as "Governmental Approvals").
ARTICLE 7 - MAINTENANCE, REPAffi AND ALTERATIONS
7.1 Maintenance and Repair.
7.1.1 Tenant's Obligations. Tenant covenants and agrees, at all times
during the Lease Term (as it may be extended) to maintain and keep the Premises,
including the Building, in good order and condition, at its sole cost and expense, in
compliance with (I) all applicable laws, rules, ordinances, orders and regulations, and all
changes thereto (whether or not they require alterations to the Premises) and (2) the
Boese Ground Lease 101806
6
C."C.,",'" ':1,'1
.' ", ..i -, .... ".. .1t,'... ~.....
ri,cJ",0?~___ Oi.__':D.___
requirements of all insurance companies insuring all or any part of the Premises,
including the Building. Tenant shall not do nor shall Tenant allow Tenant's agents and
invitees to do anything to cause any damage, deterioration or unsightliness to the
Premises, including the Building, or the Common Area. It is intended by the Parties
hereto that Tenant have no obligation, in any manner whatsoever, to modify, alter,
improve, repair or maintain the Common Area, all of which obligations are intended to be
those of Landlord.
7.1.2 Landlord's Obligations. Landlord covenants and agrees, at all times
during the Lease Term (as it may be extended) to maintain and keep the Common Area in
good order and condition, at its sole cost and expense, in compliance with all applicable
laws, rules, ordinances, orders and regulations, and all changes thereto (whether or not
they require alterations to the Common Area.) It is intended by the Parties hereto that
Landlord have no obligation, in any manner whatsoever, to modify, alter, improve, repair
or maintain the Building or the Premises, all of which obligations are intended to be those
of Tenant.
7.1.3 Waiver. It is the intention of the Parties hereto that the terms of this
Lease govern the respective obligations of the Parties as to maintenance and repair of the
Building, the Premises and the Common Area, and the making of improvements or
alterations required by law, and they expressly waive the benefit of any law, rule,
regulation, statute or court decision now or hereafter in effect to the extent it is
inconsistent with the terms ofthis Lease.
7.1.4 Right to Enter and Cure. Notwithstanding anything in this Section
7.1 to the contrary, if at any time the Tenant fails to maintain the Building and the
Premises and/or repair any damage thereto occurring after the date of this Lease to the
condition existing prior to the occurrence of such damage in accordance with Section
7.1.1 and such condition is not corrected within three (3) full business days after written
notice from Landlord with respect to graffiti, debris, and waste material, or thirty (30)
days after written notice from Landlord with respect to landscaping and other general
maintenance and repair obligations, then Landlord, in addition to whatever remedies it
may have at law or at equity, shall have the right to enter upon the Building and the
Premises and perform all acts and work necessary to remove such graffiti, debris or waste
material and/or to restore the Building and the Premises to the condition existing prior to
the occurrence of such damage, provided, however, that in the event Landlord elects to
perform such repair and restoration work, Tenant shall reimburse Landlord for all
reasonable costs and expenses incurred by Landlord in connection therewith which
amount shall be promptly paid by the Tenant upon demand.
Boese Ground Lease 101806
7
i\G>j:.~.'."." ,j,: .....,21........
f'/\CE...~.__l!r_..~1.._..
7.2 Alterations Generally.
Tenant may not make improvements, additions or alterations to the
Premises ("Alterations") without Landlord's prior written consent, which shall not be
unreasonably withheld, after receipt of plans and specifications therefor and satisfaction
of the following additional conditions:
7.2.1 No Alterations shall be undertaken until Tenant shall have procured
and paid for, so far as the same may be required, from time to time, all permits and
authorizations of all governmental authorities having jurisdiction.
7.2.2 All Alterations shall be reasonably pursued to completion and done
in reasonable workmanlike manner and in compliance with all applicable permits and
authorizations and all applicable laws.
7.2.3 Before any work of demolition or construction is commenced,
Tenant shall notify Landlord of Tenant's intention to commence any Alterations in or to
the Premises or other Improvements at least ten (10) business days before
commencement. Landlord shall have the right to go upon and inspect the Premises at all
reasonable times upon not less than twenty-four (24) hours prior written twice, and shall
also have the right at any time to post and keep posted thereon notices of non-
responsibility or such other notices which Landlord. may deem to be proper for the
protection of Landlord's interest in the Premises.
7.2.4 Tenant shall indemnify, defend and hold Landlord and its agents and
employees harmless from and against all claims, liabilities, damages, costs and expenses
(including without limitation, attorneys' fees) arising out of or with respect to liens for
labor or materials supplied or claimed to be supplied in connection with Alterations done
by or for Tenant. Should Tenant fail to fully discharge or remove any such lien within
twenty (20) days, Landlord, at its option, may remove such lien by payment of the sum
claimed or bonding. Any amounts so paid by Landlord, together with interest thereon at a
rate equal to the Interest Rate (as defined in Section 15.2.1) from the time of payment
until repayment, shall be repaid by Tenant within ten (10) business days after written
demand by Landlord.
7.2.5 Prior to making any Alterations, Tenant and Tenant's subcontractors
and agents shall obtain Workers' Compensation and commercially reasonable Builder's
Risk and Liability Insurance covering all persons employed in connection with such
demolition or construction and with respect to whom death or bodily injury claims could
be asserted against Landlord, Tenant or the Premises.
Boese Ground Lease 101806
8
;\CI:~:,;'
",\
.J1
'w,;, ~5~, l1iu--
~_"_,___...__ '__'_''''_u___'_
7.2.6 Upon the substantial completion of any Alteration, Tenant shall
promptly prepare and deliver to Landlord, at Tenant;s cost, a complete set of as-built
plans showing the Alterations as constructed.
7.2.7 Landlord's review and approval of Alterations or plans therefor shall
not constitute an assumption of any liability for the design, engineering or structural
integrity of the Alterations proposed to be erected or performed by Tenant, or constitute a
waiver of any permits or approvals required from Landlord in its capacity as a
governmental entity (as opposed to its capacity as the Landlord under this Lease).
ARTICLE 8 - INSURANCE
8.1 Insurance.
Tenant shall maintain or cause to be maintained, at its sole cost and
expense, the following insurance with respect to the Premises:
8.1.1 Liability Insurance. Comprehensive general liability insurance (on
an occurrence basis) including (but not limited to) coverage against any and all liability
of the insured for personal injury, death, or property damage with respect to or arising out
of the ownership, maintenance, use or occupancy of the Premises, including the Building,
and all operations incidental thereto including, but not limited to, structural alterations,
new construction and demolition in or about the Premises, including a broad form
commercial general liability endorsement covering the insuring provisions of this Lease
and the performance by Tenant of the indemnity agreements set forth in this Lease, the
insurance to have combined single limits of not less than Five Million Dollars
($5,000,000.00) for bodily injury, personal injury and property damage liability
applicable to this location only.
8.1.2 Worker' Compensation Insurance. Worker's Compensation
insurance covering all persons employed by Tenant in the conduct of its business on the
Premises, or as required by law from time to time.
8.1.3 Special Cause of Loss. "Special Cause of Loss" property insurance
on the Building against the risks customarily included under "all-risks" policies in an
amount not less than the full insurable value on a replacement cost basis, including the
costs of debris removal, which amount shall be determined annually) of the aggregate
value of the Building, Tenant's trade fixtures, personal property of Tenant located on the
Premises, and Alterations.
Boese Ground Leas;: 101806
9
:~h
!\G[":]F. r;.!c~~.:::;~-i.\~C~
8.2 Policv Requirements.
All insurance required under this Lease shall: (A) have Landlord named as
additional insured; (B) state that the insurance afforded to each of the above-named
insureds shall be primary insurance and any other valid and collectible insurance
available to either of the insureds shall be excess insurance and under no circumstances
shall be considered contributory; (C) provide that coverage shall not be revised, canceled
or reduced until at least thirty (30) days written notice of such revision, cancellation or
reduction has been given to Landlord (except in the event of cancellation for nonpayment
of premium, which notice shall be provided at least ten (10) days prior to cancellation);
and (D) be issued by insurance companies which are qualified to do business in the State
of California and having a rating of not less than A-VIII in Best's Insurance Guide.
8.3 Blanket Policv.
Any or all insurance required under thi~ Lease may be part of a blanket
policy or policies of insurance maintained by Tenant covering the risks to be insured
against under this Lease so long as the coverage required under this Lease is not
diminished.
8.4 Right of Landlord to Obtain Insurance.
Prior to the Commencement Date, and thereafter not less than thirty (30)
days prior to the expiration date of each policy theretofore furnished pursuant to this
Article 8, Tenant shall deliver to Landlord, in the manner required for notices, copies or
certificates of all insurance policies required by this Lease or, alternatively, proof
acceptable to Landlord that such insurance has been or will be obtained prior to the
Commencement Date or the expiration date of such policies, as applicable. If Tenant fails
or refuses to procure or to maintain insurance as required by this Lease, or fails or refuses
to furnish Landlord with proof acceptable to Landlord that the insurance has been or will
be procured within five (5) business days following Landlord's demand for such proof,
Landlord shall have the right, at Landlord's election, to procure and maintain such
insurance, in addition to all other rights and remedies Landlord may possess on account
of such default. The premiums paid by Landlord in such event shall be treated as rent due
from Tenant to be paid on the first day of the next month following the date on which the
premiums were paid, with interest at a rate equal to the Interest Rate (as defined in
Section 15.2.1) from the time of payment until repayment. Landlord shall give prompt
notice of the payment of such premiums, stating the amounts paid and the names of the
insurer or insurers to whom such premiums were paid.
BGCSC Ground Leare 101806
10
.'.,,': 1l..4
;';?L._._
1,/;(;". <12J.___ ...Gi'....':IJ..__
8.5 Waiver of Subrogation.
Landlord and Tenant each agree to have their respective insurance
companies issuing insurance with respect to the Premises waive any rights of subrogation
that such companies may have against Landlord or Tenant, as the case may be. Landlord
and Tenant hereby waive any and all rights of recovery against the other, or against the
officers, employees, agents and representatives of such other party, for loss of or damage
to such waiving party or its property or the property of others under its control, arising
from any cause insured against under any insurance policies required to be carried by this
Article 8 or under any other policy of insurance carried by such waiving party, to the full
extent permitted by such policies.
ARTICLE 9 - DAMAGE AND DESTRUCTION
9.1 Rights and Obligations.
If the Building and any Alterations or other improvements now located or
hereafter constructed or installed on the Premises or any part thereof are damaged by fire
or other casualty covered by insurance required to be maintained by Tenant pursuant to
Article 8, Tenant shall diligently restore said Building, Alterations and improvements to
their condition prior to the damage, at Tenant's sole cost and expense up to the amount of
insurance proceeds available under such policy(ies).
9.2 Waiver of StatutOry. Provisions.
The provisions of this Lease, including this Article 9, constitute an express
agreement between Landlord and Tenant with respect to any and all damage to, or
destruction of, all or any part of the Building or other improvements on the Premises, and
any statute or regulation of the state in which the Premises are located, including, without
limitation, Sections 1932(2) and 1933(4), and 1941 and 1942 of the California Civil
Code, with respect to any rights or obligations concerning damage or destruction in the
absence of an express agreement between the Parties, and any other statute or regulation,
now or hereafter in effect, shall have no application to this Lease or any damage or
destruction to all or any part of the Building or other improvements on the Premises.
ARTICLE 10 - EMINENT DOMAIN
10.1 Total Taking.
If (i) the whole of the Premises shall be taken in any Condemnation
Proceedings (as dermed below), or (ii) if a portion of the Premises shall be taken as to
make it imprudent or unreasonable to use the remaining portion for the purposes
permitted by this Lease, or (iii) if access to the Premises is substantially impaired as a
BGCse Ground Lease 101806
II
'\';:':';':,(';;.:(_~i.:C0~~L
result of any taking (a "Total Taking"), then this Lease shall terminate and expire on the
date of surrender of possession of the Premises, ,or such portion thereof, to the
condemning authority. Tenant shall continue to pay the rent hereunder and, in all other
respects, observe and perform all of the terms, covenants, agreements, provisions,
conditions and limitations of this Lease to be observed and performed by Tenant until the
date of surrender of possession. "Condemnation Proceeding" shall mean the exercise of
any power or right of eminent domain or condemnation by those authorized to exercise
such right, or any agreement between Landlord and those authorized to exercise such
rights.
10.2 Partial Taking.
If only a part of the Premises shall be permanently taken, and the taking of
such part does not make it unreasonable to use the remaining portion thereof for the
operation of the Club in the Building as determined by Tenant, in its sole discretion (a
"Partial Taking"), Landlord or Tenant may have the right to terminate this Lease upon
thirty (30) days prior written notice to the other party, but not later than thirty (30) days
of such taking. If neither party terminates this Lease, and a portion of the Premises is
taken, Tenant shall make any repairs necessary to restore the functionality of the
remaining Premises, including the Building, for purpo'ses of operating the Club, Tenant
shall pay for all costs of restoring the functionality of the remaining Premises, including
the Building, up to the consideration received by Tenant in such condemnation
proceedings for such purpose. Landlord shall be entitled to receive the entire amount of
any award or payment made in connection with such taking of the Premises, except that
Tenant shall be entitled to awards of severance damages and awards for the value of the
portion of Building (not land) taken and Tenant may file a separate claim against the
condemning authority for the taking of Tenant's personal property within the Building
and for Tenant's relocation expenses, provided such claims are separately payable to
Tenant.
10.3 Temporary Taking.
If the temporary use of the whole or any part of the Premises shall be taken
by any Condemnation Proceeding for a period of not more than one hundred twenty (120)
consecutive days (a "Temporary Taking"), (i) Tenant shall give prompt notice thereof to
Landlord, (ii) the Lease Term (as it may have been extended) shall not be reduced or
affected in any way, (iii) Tenant shall continue to pay in full the annual Base Rent and
other charges herein reserved without reduction or abatement, (iv) except to the extent
prevented by reason of any order of the condemning authority, Tenant shall continue to
perform and observe all of the other covenants, conditions and agreements of this Lease
to be performed or observed by Tenant; and (v) Tenant shall be entitled to receive from
the award (if any) made by the applicable government authority, any amounts properly
allocated to the temporary loss of use of the Premises by Tenant.
Boese Ground Lc~ 101806
12
, ~)ll\______
",_"" ;)0. ,'". iJ']
i-,';,\'~;.__... ._~\._....I.H'__.l.. ___....
10.4 Entitlement to Condemnation Award.
Except as expressly provided in other provisions of this Lease, if any
compensation is awarded in connection with any condemnation of any portion of the
Premises, the compensation shall be the property of Landlord except to the extent that
any such compensation (a) relates to temporary or permanent relocation expenses for and
Tenant, including trade fixtures and/or personal property including rent in temporary
substitute facilities, (b) relates to the unamortized cost (which shall be calculated based
on Tenant's book basis depreciated on a straight line basis over the useful life of the item
being depreciated, such useful life to be calculated in accordance with federal tax law); of
the Building and any improvements to the Premises made, paid for or installed by Tenant,
! or (c) relates to one hundred percent (100%) of the remaining leasehold value of this
[ Lease.
10.5 Landlord Appointed Attornev-in-Fact.
,
"
In the event any action is filed to condemn the Premises, the improvements
thereon, Tenant's leasehold estate or any part thereof, by any public or quasi-public
authority under the power of eminent domain, or in the event that any action is filed to
acquire the temporary use of the Premises, the improvements thereon, Tenant's leasehold
estate or any part thereof, or in the event that any such action is threatened or any public
or quasi-public authority communicates to Landlord or Tenant its desire to acquire the
Premises, the improvements thereon, Tenant's leasehold estate or any part thereof, or the
temporary use thereof, by a voluntary conveyance or transfer in lieu of condemnation,
then Tenant shall give prompt notice thereof to Landlord after Tenant obtains actual
knowledge of same. Tenant shall reasonably cooperate in a commercially reasonable and
timely manner with Landlord to maximize any award. No agreement, settlement,
conveyance or transfer to or with the condemning authority shall be made without the
consent of Landlord.
10.6 Waiver.
Landlord and Tenant agree that the terms of this Lease shall govern the
effect of any Total Taking, Partial Taking or Temporary Taking and hereby waive the
provisions of any present or future law, rule, regulation, statute or court decision,
including, without limitation, Section 1265.130 of the California Code of Civil
Procedure, to the extent inconsistent herewith.
ARTICLE 11 - UTILITIES
11.1 Pavment.
Boese Ground Lease 101806
13
....;",,,
zA
""('.,, 30 ....G';. "'j]- _.n
. '-'~""fi__.L__,__.. '..__ _
Tenant agrees to pay, as and when due, all charges for utilities, including,
without limitation, water, sewer, oil, gas, telephone, electricity and public utilities
(hereinafter collectively referred to as "utilities") incurred by Tenant in connection with
its or any other's use of the Premises. No interruption in any utilities shall result in an
abatement of Rent hereunder or entitle Tenant to terminate this Lease, except to the
extent such interruption is directly caused by Landlord or any of its officers, employees,
agents or contractors.
11.2 Installation.
Tenant shall pay any and all fees or other charges for the installation of or
connection to oil, gas, electricity, water, telephone, sanitary sewer, storm or drainage
sewer, and any and all other utilities as Tenant may require for its intended use of the
Premises.
ARTICLE 12 - LANDLORD'S ACCESS AND INFORMATION
12.1 Inspections.
Tenant will permit Landlord and its authorized agents and representatives
to enter the Premises at all reasonable times for the purposes of protecting Landlord's
interest in the Premises and investigating whether Tenant is complying with this Lease.
Except in the event of an emergency, Landlord shall provide at least twenty-four (24)
hours' written notice to Tenant of such inspection.
12.2 Showing Premises.
Landlord shall also have the right to enter the Premises at any time for the
purpose of exhibiting the same to prospective purchasers or mortgagees, for the purpose
of showing the same to prospective tenants, provided that any such entry shall cause as
little disturbance to Tenant as reasonably practicable, and Tenant receives at least twenty-
four (24) hours' prior written notice from Landlord.
ARTICLE 13 - USE
13.1 Use.
Subject to Article 6 above, Tenant shall use the Premises for a youth center
for the Boys and Girls Club recreational programs and activities (the "Club"). At least
eighty percent (80%) of the memberships in the Club must be held by residents of the
City of Lake Elsinore, and Tenant shall provide evidence of the identity and residency of
its members in writing from time to time promptly after written request from Landlord
given from time to time. No other uses shall be permitted without the written consent of
BGeSe Ground Lease 101806
14
1:.-;;',; ::'f
3'-\
;,.".; -7 \ '..' Ij']
',..'..".t.__Q____.\JJ-
-"-
~ .':,j(
the Landlord, which consent may be withheld in the sole and absolute discretion of
Landlord.
13.2 Continuous Operations.
Tenant shall continuously operate the Club on the Premises and in the
Building on all business days and on Saturdays, except for national holidays and except
for periods when operation is not possible due to events or circumstances beyond the
reasonable control of Tenant; provided, however that Abandonment (as hereinafter
defined) shall be deemed an Event of Default pursuant to Section 15.1 of this Lease
regardless of the cause thereof. For purposes of this Lease, "Abandonment" shall mean
the cessation of the operation of the Club on the Premises for one hundred eighty (180)
consecutive days unless such cessation of Club operations is due to damage or
destruction of the Premises, including the Building, and Tenant is diligently engaged in
the repair and reconstruction pursuant to its obligations under Section 9.1
13.3 Manner of Use.
Tenant agrees that it will use the Premises in such a manner so as not to
interfere with or infringe upon the rights of the Landlord and the public to use the
Common Areas and the Park surrounding the Premises. In no event shall Tenant use or
permit the use of the Premises in any manner which (a) creates a nuisance or an
unreasonable annoyance to persons outside the Premises, (b) violates any law, or (c) is
determined by Landlord in its good faith discretion to be an objectionable or
inappropriate use of public property.
13.4 Compliance with Law.
Tenant shall, at its sole cost and expense, promptly comply with all laws,
statutes, rules, ordinances, orders, and governmental regulations, or requirements now in
force or which may hereafter be in force relating to or affecting the Premises (including,
but not limited to, applicable changes in the building and safety codes), and the
cleanliness, safety, occupancy and use of the Premises.
13.5 Nondiscrimination.
Tenant herein covenants and agrees that in the use of the Premises and the
operation of the Club it shall refrain from discrimination against and treat equally all
persons without regard to race, color, creed, religion, ancestry, national origin, sex, age,
sexual orientation, pregnancy, childbirth or related medical condition, medical condition
or physical or mental disability, and in compliance with Title VII of the Civil Rights Act
of 1964, 42 U.S.C. S 2000, et seq., the Federal Equal Pay Act of 1963, 29 U.S.C. S
206(d), the Age Discrimination in Employment Act of1967, 29 U.S.C. S 621, et seq., the
Boese Ground Lease 101806
15
,:-.:,'. ?~;':'('" ," -'
:,;";0.;";
CJ ~:J
?f-\
.....-,... ~.~.._--_.-~
M~J._.
Immigration Reform and Control Act of 1986, 8 U.S.C. ~ 1324b, et seq., 42 U.S.C. ~
1981, the California Fair Employment and Housing Act, Government Code ~ 12900, et
seq., the California Equal Pay Law, Labor Code ~ I 197.5, Government Code ~ 1l\35,
the Americans with Disabilities Act, 42 U.S.C. ~ 12101, et seq., and all other applicable
anti discrimination laws and regulations of the United States and the State of California
as they now exist or may hereafter be amended.
ARTICLE 14 - ASSIGNMENT AND SUBLETTING
14.1 Consent Reauired.
Tenant shall not assign, sublet, transfer, encumber, or otherwise convey all
or any portion of the Premises and/or this Lease, voluntarily involuntarily or by operation
of law (each, a Transfer) without the prior written consent of Landlord which consent
shall be approved, conditionally approved or denied in Landlord's sole and absolute
discretion. If Tenant desires to make a Transfer, Tenant shall provide Landlord with
current financial statements of the transferee, a summary of the material terms of the
Transfer, a description of the transferee's relevant business and operating experience and
such other information as reasonably requested by Landlord and Landlord shall have
thirty (30) days following receipt of such information to approve, conditionally approve
or deny such Transfer.
14.2 Additional Conditions.
Landlord's consent shall also be conditioned upon the following:
14.2.1 The proposed transferee shall agree in writing to perform faithfully
and be bound by all of the terms, covenants, conditions, provisions and agreements of
this Lease, which agreement shall be delivered to Landlord prior to the effective date of
the transfer, and such Transfer (and any consent theretofore given by Landlord) shall not
be binding upon or approved by Landlord unless it is timely delivered to Landlord;
14.2.2 In no event shall the consent by Landlord to a Transfer be construed
as relieving Tenant, or any transferee (for a Transfer by that transferee) from obtaining
the express written consent of Landlord to any further Transfer for which consent is
required; and
14.2.3 There shall not be an existing Event of Default of Tenant hereunder.
14.3 Violations Void: Remedies.
Any Transfer which is not in compliance with the provisions of this Article
14 shall be void and shall constitute an Event of Default under Article IS below. No
Boese Ground Lease 101806
16
.r, ~,' ~";:".i ;-'-;:.,
2t-\
...., '1. 2. t"" L\-L
i.J/i,,;;~:...~_:::"'.____. ;i._--.-:.:J....
t. I')::'
collection or acceptance of Rent by Landlord from any person other than Tenant shall be
deemed a waiver of any provision of this Article 14 or the acceptance of any transferee
hereunder, or a release of Ten ant (or of any successor of Tenant or any transferee).
14.4 Transfer of Landlord's Interest.
In the event of any sale or other transfer of Landlord's entire interest in the
Premises to any party, Landlord shall be automatically relieved of any and all obligations
and liabilities on the part of Landlord under this Lease arising after the date of such
transfer.
ARTICLE 15 - DEFAULTS AND REMEDIES
15.1 Default.
Each of the following acts or omissions of Tenant, or occurrences, shall
constitute an "Event of Default":
15.1.1 Failure or refusal to pay Rent hereunder within five (5) calendar
days after written notice from Landlord that the same is due or payable hereunder; the
five (5) day period shall be in lieu of, and not in addition to, the notice requirements of
Section 1161 of the California Code of Civil Procedure or any similar or successor law;
15.1.2 Except as set forth in Sections 15.1.5, 15.1.6, and 15.1.7 below,
failure to perform or observe any other covenant or condition of this Lease, including
without limitation the continuous operation of the Club consistent with the requirements
of Article 13, to be performed or observed within thirty (30) days following written
notice to Tenant of such failure, provided, if the nature of the default is such that more
than thirty (30) days are reasonably required to cure, then Tenant shall not be deemed to
be in default if Tenant commences such cure within the thirty (30) day period and
thereafter diligently completes such cure. Any such notice shall be in lieu of, and not in
addition to, any notice required under California Code of Civil Procedure Section 1161 or
any similar or successor laws;
15.1.3 The subjection of any right or interest of Tenant to attachment,
execution or other levy, or to seizure under the legal process, if not released within sixty
(60) days, provided that the foreclosure of any mortgage permitted by the provisions of
this Lease shall not be construed as a default within the meaning of this Lease.
15.1.4 The filing by Tenant hereunder in any court pursuant to any statute
of a petition in bankruptcy or insolvency or for reorganization or arrangement for the
appointment of a receiver of all or a portion of Tenant's property; the filing against
Tenant of any such petition, or the commencement of a proceeding for the appointment
Boese Ground Lease 101806
17
:?~
A~; ~::~'~;':':-\ ;-: '.<:; :'~ ';'" ___._,___"_ ..._,
"V'- ?,U .... .'-, 1-\1
~...,' '..,- 4.:.~.:_~._.~,v."_._.~~.__ "_'n."
of a trustee, receiver or liquidator for Tenant, or of any of the property of either, or a
proceeding by any governmental authority for the dissolution or liquidation of Tenant
hereunder, if such proceeding shall not be dismissed or trusteeship discontinued within
sixty (60) days after commencement of such proceeding or the appointment of such
trustee or receiver, or the making by Tenant hereunder of an assignment for the benefit of
creditors. Tenant hereby stipulates to the lifting of the automatic stay in effect and relief
from such stay for Landlord in the event Tenant files a petition under the United States
Bankruptcy laws, for the purpose of Landlord pursuing its rights and remedies against
Tenant of this Lease;
15.1.5 Tenant's failure to cause to be released any mechanics' liens filed
against the Premises, with respect to work performed by or for the benefit of Tenant,
within one hundred twenty (120) days after written notice from Landlord;
15.1.6 Tenant's failure to comply with the provisions of Articles 17 or 19
within five (5) business days after written notice from Landlord;
15.1.7 The occurrence ofa Transfer that violates Article 14; or
15.1.8 Abandonment as defined in Section 13. 2 of this Lease.
15.2 Remedies.
15.2.1 Upon the occurrence of an Event of Default by Tenant, Landlord
may exercise all of its remedies as may be permitted by law, including, but not limited to,
the remedy provided by Section 1951.4 of the California Civil Code, and including,
without limitation, terminating this Lease, re-entering the Premises and moving all
persons and property therefrom, which property may be stored by Landlord at a
warehouse or elsewhere at the risk, expense and for the account of Tenant. If Landlord
elects to terminate this Lease, Landlord shall be entitled to recover from Tenant the
aggregate of all amounts permitted by law, including, but not limited to (i) the worth at
the time of the amount of any unpaid Rent which had been eamed at the time of such
termination; plus (Ii) the worth at the time of award of the amount by which the unpaid
Rent which would have been earned after termination until the time of award exceeds the
amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(Hi) the worth at the time of award of the amount by which the unpaid Rent for the
balance of the Lease Term (as it may have been extended) after the time of award
exceeds the amount of such rental loss that Tenant proves could have been reasonably
avoided; plus (iv) any other amount necessary to compensate Landlord for all the
detriment proximately caused by Tenant's failure to perform its obligations under this
Lease or which in the ordinary course of things would be likely to result therefrom,
specifically including, but not limited to, brokerage commissions and advertising
expenses incurred, expenses of remodeling the Premises or any portion thereof for a new
Boese Ground Lease 101806
18
;~C,\;:t(r..,,: ;', ., _. Yl
Pi\(;"_ ~Qi_ .....<1 I.. ,.IjJ__
tenant, whether for the same or a different use, and any special concessions made to
obtain a new tenant; and (v) at Landlord's election, such other amounts in addition to or
in lieu of the foregoing as may be permitted from time to time by applicable law. As used
in Items (i) and (ii), above, the "'worth at the time of award" shall be computed by
allowing interest at the Interest Rate (as defined below). As used in Item (iii), above, the
"'worth at the time of award" shall be computed by discounting such amount at the
discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one
percent (I %). "Interest Rate" shall mean that rate equal to two percent (2%) in excess of
the reference rate of interest which Bank of America NT&SA's main office announces
from time to time, or if Bank of America NT &SA discontinues announcing such a rate,
the reference rate of interest which a comparable lending institution announces from time
to time, as selected by Landlord, in its sole and absolute discretion, but in no event
greater than the highest rate permitted by law.
15.2.2 All rights, powers and remedies of Landlord hereunder and under
any other agreement now or hereafter in force between Landlord and Tenant shall be
cumulative and not alternative and shall be in addition to all rights, powers and remedies
given to Landlord by law, and the exercise of one or more rights or remedies shall not
impair Landlord's right to exercise any other right or remedy.
15.3 Landlord's Default.
15.3.1 Landlord Default. Landlord shall not be in default under this Lease
except for the following:
(a) Any failure by Landlord to make any payment required to be made
by Landlord hereunder when due, where such failure continues for
fifteen (IS) days after delivery of written notice of such failure by
Tenant to Landlord; or
(b) Any failure by Landlord to perform or comply with any other
provision of this Lease, to be performed or complied with by
Landlord where such failure continues for thirty (30) days after
delivery of written notice of such failure by Tenant to Landlord;
provided, however, that if the nature of such default is such that the
same cannot reasonably be cured within such thirty (30) day period,
there shall not be a Landlord Default if Landlord shall, within thirty
(30) days of such notice commence such cure, and thereafter
diligently prosecute such cure to completion.
Boese Ground Lease 101806
19
f'(':.~,-:r\)L"")~ ~':'~',;;,!:
...." ,;::.:,3\..1)
\" r~-.,;::'~ ~- t'
" .._~"",_,','"V"""
:>"L
. ._'11w
ARTICLE 16 - TENANT'S PROPERTY
All movable trade fixtures and equipment at the Premises shall remain and
continue to be the property of Tenant and may be removed, renovated, altered, added to
or replaced at any time during the Lease Term provided that Tenant promptly repairs all
damage to the Premises and restores the Premises to their condition prior to the
installation of Tenant's property.
ARTICLE 17 - FEE MORTGAGES
17.1 Encumbrance of Reversion.
Landlord, at any time and from time to time, may finance or encumber its
interest in the Premises and its rights in and to this Lease (collectively, "Landlord's
Interest").
17.2 Recognition of Lease.
Tenant shall be required to subordinate Tenant's leasehold estate in the
Premises to the lien of any encumbrance against Landlord's Interest, provided such
lienholder provides Tenant with a commercially reasonable non-disturbance and
attornment agreement pursuant to which such lienholder agrees not to disturb Tenant's
tenancy hereunder so long as Tenant is not in default hereunder. Tenant hereby agrees to
execute such further reasonable documents and assurances as any future lienholder may
require. In the event any Fee Mortgagee (as defined below) forecloses on its lien against
Landlord's Interest, or acquires Landlord's Interest by agreement in lieu of foreclosure or
otherwise, Tenant shall attorn to such Fee Mortgagee, recognize such Fee Mortgagee as
its landlord hereunder and execute such documents as such Fee Mortgagee may request
acknowledging such Fee Mortgagee as Tenant's landlord hereunder. Tenant hereby
waives the provisions of any current or future statute, rule or law which may give or
purport to give Tenant any right or election to terminate or otherwise adversely affect this
Lease and the obligations of Tenant hereunder in the event of any foreclosure or transfer
in lieu of foreclosure thereunder. All Fee Mortgages shall recognize Tenant's leasehold
interest in the Premises created hereby and acknowledge and agree that this Lease shaH
continue without disturbance following any foreclosure or transfer in lieu of foreclosure
pursuant to any such Fee Mortgage (as defined below). "Fee Mortgage" shall mean a
mortgage or deed of trust imposed by Landlord upon its interest. "Fee Mortgagee" shall
mean the mortgagee or beneficiary of any Fee Mortgage.
17.3 Notice to Fee Mortgagee.
If (i) any Fee Mortgagee, (ii) other person or entity who purchases a Fee
Mortgagee's interest in the Premises andlor in this Lease at a foreclosure sale ("Fee
Boese Ground LC:a9:: 101806
20
/' -,
:",.,?,tL ,....-.
,.,;,'., 3-1" 0;_...~::L
~. ,-"...'-"..-..-.__.._---,_..~. .
Purchaser") or (iii) the fust Person to whom Fee Mortgagee assigns its interest in the
Premises and in this Lease (the "Fee Assignee") (collectively, the "Fee Successor") shall
have notified Tenant of its interest in the Premises, Tenant thereafter shall give to such
Fee Successor a copy of each notice of default simultaneously with Tenant's providing
such notice to Landlord and Tenant shall not be entitled to exercise its rights upon an
event of default by Landlord or serve a notice of cancellation and termination upon
Landlord unless a copy of any prior notice of default shall have been given to the Fee
Successor, as hereinabove provided, and the time specified herein for the curing of such
default shall have expired without the same having been cured. The performance of the
Fee Successor of any condition or agreement on the part of Landlord to be performed
hereunder will be deemed to have been performed with the same force and effect as
though performed by Landlord.
ARTICLE 18 -
INDEMNITY AND EXEMPTION OF LANDLORD FROM LIABILITY
18.1 Indemnity.
Tenant shall release, indemnity, defend and hold harmless, Landlord, and
its officers, agents, employees, successors, assigns and attorneys (collectively,
"Indemnitees"), from and against any and all claims, suits, demands, liabilities, damages,
costs and expenses (including reasonable attorneys' fees, expert witnesses' fees, exhibits
and other costs), arising from or in connection with Tenant's lease, use or possession of
the Premises or the conduct of its business or from any activity performed or permitted
by Tenant in or about the Premises or arising from any breach or default in the
performance of any obligation on Tenant's part to be performed under the terms of this
Lease, or arising from any other act, neglect, fault or omission of Tenant or any of its
officers, agents, directors, contractors, employees, licensees, invitees, patrons or
customers. As a material part of the consideration to the Landlord for entering into this
Lease, Tenant hereby assumes all risk of damage to property or injury to persons in, upon
or about the Premises, except that which is caused by the gross negligence or willful
misconduct of Landlord or any of Landlord's officers, employees, agents or contractors,
provided such willful misconduct or gross negligence is determined by agreement
between the Parties or by the findings of a court of competent jurisdiction. In instances
where an Indemnitee is shown to have cngaged in willful misconduct or been grossly
negligent and where the Indemnitees' willful misconduct or gross negligence accounts
for only a percentage of the liability involved, the obligation of Tenant will be for that
entire portion or percentage of liability not attributable to the willful misconduct or gross
negligence of the Indemnitee(s).
Boese Ground Lease 101806
21
,. ''''"q''1/' ''''-~''P "iQ- b'l
'\""":":?-,-1'd',::::-iil'--
18.2 Exemption of Landlord From Liability.
Except for Landlord's willful or grossly negligent conduct or that of any of
Landlord's officers, employees, agents or contractors (provided such willful misconduct
or gross negligence is determined by agreement between the Parties or by the findings of
a court of competent jurisdiction), Landlord shall not be liable for injury to Tenant's
business or loss of income therefrom, or for damage that may be sustained by the person,
goods, wares, merchandise or property of Tenant, its employees, invitees, customers,
agents, or any other person in, on or about the Premises.
18.3 Survival.
The provisions of this Article 18 shall survive the expiration or earlier
termination of this Lease with respect to any claims or liability occurring prior to such
expiration or termination.
ARTICLE 19 - ESTOPPEL CERTIFICATES
Tenant shall, at any time and from time to time, upon not less than ten (10)
business days' prior written notice from Landlord, execute, acknowledge and deliver to
Landlord a statement in writing certifying the following information (but not limited to
the following information in the event further information is reasonably requested by
Landlord): (a) that this Lease is unmodified and in full force and effect (or, if modified,
stating the nature of such modification and certifying that this Lease, as modified, is in
full force and effect); (b) the date to which Rent and other charges are paid in advance, if
any; and (c) acknowledging that there are not, to Tenant's knowledge, any uncured
defaults on the part of Landlord hereunder, and no events or conditions then in existence
which, with the passage of time or notice or both, would constitute a default on the part
of Landlord hereunder, or specifying such defaults, events or conditions, if any are
claimed. It is expressly understood and agreed that any such statement may be relied
upon by any prospective purchaser or encumbrancer of all or any portion of the Premises.
ARTICLE 20 - HAZARDOUS MATERIALS
20.1 No Hazardous Materials.
Tenant shall not permit the use, storage or transportation of Hazardous
Materials on or about the Premises except as reasonably necessary for the uses of the
Premises permitted under this Lease, and then only in accordance with applicable laws.
Boese Ground Lease 101806
22
,~
,i),GG,jl)/-\ 1"""(.:;,'1 HO\_._,".%~~.._L__._".._..
.... (' '2,iA "1" L\ J
V P. ~;i:;~_ .~:_~J".,___'" '._.-___.:J__ ~,._...
20.2 Notice.
Tenant shall notifY Landlord in writing of any releases of Hazardous
Materials on the Premises, except as permitted in Section 20.1 above, any claims made
with respect to Hazardous Materials on the Premises, and any Notices of Violation or
similar notices with respect to Hazardous Materials on the Premises, in each case
promptly after receiving notice or obtaining knowledge of the same.
20.3 Indemnitv.
Tenant shall indemnifY, defend and hold Landlord harmless from and
against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or
losses (including, without limitation, diminution in value of the Premises, damages for
the loss or restriction or use of the Premises, and sums paid in settlement of claims,
attorney's fees, consultant fees, and expert fees) which arise as a result of the use, storage
or transportation of Hazardous Materials by Tenant during or after the date of this Lease.
This indemnification of Landlord by Tenant includes, without limitation, costs incurred
in connection with any reasonable investigation of site conditions or any cleanup,
remedial, removal, or restoration work required by any federal, state, or local
governmental agency or political subdivision because of Hazardous Materials present in
the soil or ground water on or under the Premises as a result of the use, storage or
transportation of Hazardous Materials by Tenant during or after the date of this Lease.
Without limiting the foregoing, if the presence of any Hazardous Material on the
Premises caused or permitted by Tenant results in any contamination of the Premises,
Tenant shall promptly take all actions at its sole expense as are necessary to return the
Premises to the condition existing prior to the introduction of any such Hazardous
Material, and the contractors to be used by Tenant for such work must be approved by
Landlord, which approval shall not be unreasonably withheld.
20.4 No Release.
Neither Section 20.3, nor any other provision of this Lease, shall release
Tenant from any liability that may arise as a result of the presence of Hazardous
Materials in, on, or under the Premises, including but not limited to Hazardous Materials
present in the soil or ground water, whether before or after the date ofthis Lease.
20.5 Hazardous Material Defined.
As used herein, the term "Hazardous Material" means any hazardous or
toxic substance, material, or waste that is or becomes regulated by any local
governmental authority, the State of California or the United States Government. The
term "Hazardous Material" includes, without limitation, any material or substance which
is (i) defined as "Hazardous Waste," "Extremely Hazardous Waste," or "Restricted
Boese Ground Lease 101806
23
, ;)'-\
ACENuf"\ t'"(::;\'J\ :::\'1'
:10 ...'
pr\I":'I~ ~i,;I'.~...,..._ ".n_
...'......-~. ...,----
Hazardous Waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section
25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
Waste Control Law); (ii) defined as a "Hazardous Substance" under Section 25316 of the
California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner
Hazardous Substance Account Act); (iii) defined as a "Hazardous Material," "Hazardous
Substance," or "Hazardous Waste" under Section 25501 of the California Health and
Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans
and Inventory); (iv) defined as a "Hazardous Substance" under Section 25281 of the
California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) defined as "Hazardous" or
"Extremely Hazardous" pursuant to Article II of Title 22 of the California Administrative
Code, Division 4, Chapter 20; (viii) designated as a "Hazardous Substance" pursuant to
Section 3.1.1 of the Federal Water Pollution Control Act (33 U.S.C. Section 13 17); (ix)
defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq. (42 U.S.C. Section
6903); or (x) defined as a "Hazardous Substance" pursuant to Section 10 I of the
Comprehensive Environmental Response, Compensation and Liability Act, 42 V.S.C.
Section 9601, et seq. (42 U.S.C. Section 9601).
20.6 Laws.
As used herein, the term "laws" means any applicable federal, state or local
law, ordinance, or regulation relating to any Hazardous Material.
ARTICLE 21 - SURRENDER
At the expiration or earlier termination of this Lease, the Building, Alterations and
any other improvements to the Premises shall become the property of the Landlord.
Tenant shall, at its sole cost and expense, deliver the Premises to Landlord in similar or
better condition and repair as Tenant received the Premises. Tenant may elect within
thirty (30) days before expiration of the Lease Term, or upon notice oftermination of this
Lease, to remove any fixtures that Tenant has placed on the Premises, so long as Tenant
at its sole cost, restores the Premises to similar or better condition and repair as Tenant
received the Premises, or such other condition as is mutually agreeable to Landlord and
Tenant before the last day of the Lease Term or by such other date as agreed to by
Landlord and Tenant.
ARTICLE 22 - GENERAL PROVISIONS
22.1 Non-Waiver.
Waiver by either party of any provision of this Lease shall be deemed to be
a waiver of any other provision hereof or of any subsequent breach by such party of the
Boese Ground Lease: 101806
24
tl.JjLWD/t n':;-^id
,r-',.,;
,<1 L
same or any other provision. No provision of this Lease may be waived by either party,
except by an instrument in writing executed by such party. Either party's consent to or
approval of any act requiring such party's consent or approval shall not be deemed to
render unnecessary the obtaining of such party's consent to or approval of any
subsequent act, whether or not similar to the act so consented to or approved. The
subsequent acceptance of Rent hereunder by Landlord or the acceptance of payment from
Landlord by Tenant, shall not be deemed to be a waiver of any preceding breach by the
party from whom payment was received of any provision of this Lease, other than the
payment so accepted, regardless of the accepting party's knowledge of such preceding
breach at the time of acceptance. No act or thing done. by Landlord or Landlord's agents
shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept
such surrender shall be valid unless in writing and signed by Landlord.
22.2 Attorneys' Fees: Waiver of Jury Trial.
In any action to enforce the terms of this Lease, including any suit by
Landlord for the recovery of Rent or possession of the Premises, the losing party shall
pay the successful party all attorneys' fees and costs in such suit and upon appeal, and all
such attorneys' fees shall be deemed to have accrued prior to the commencement of such
action and shall be paid whether or not such action is prosecuted to judgment.
22.3 Broker's Commissions.
Landlord and Tenant hereby warrant to each other that they have had no
dealings with any real estate broker or agent in connection with this Lease. Each party
hereto shall indemnifY and hold the other harmless on account of any loss, claim, liability
or expense, of whatever kind and whatever nature, including attorneys' fees and costs,
arising out of a claim by any other real estate broker or agent for a brokerage commission
pertaining to the Lease and based on any act or statement made by the indemnifYing
party .
22.4 Severability: Entire Agreement: Amendments.
Any provision of this Lease which shall prove to be invalid, void, or illegal
shall in no way affect, impair or invalidate any other provision hereof, and any such other
provisions shall remain in full force and effect. This Lease and the exhibits attached
hereto constitute the entire agreement between the Parties hereto with respect to the
subject matter hereof, and no prior agreement or understanding pertaining to any such
matter shall be effective for any purpose. No proYision of this Lease may be amended or
supplemented except by an agreement in writing signed by the Parties hereto or their
successor- in-interest.
Boese Ground Lease 101806
25
n .
Acn::l"!;)/\ i d::\'h_m...._
P;:';.G~; l..1:2 . '\ 0)
..:...L__.:~ .'.......:Cl._ .-..
22.5 Notices.
All notices, approvals, demands,' reports, requests and other
communications provided for in this Lease shall be in writing (including telex, telecopy,
telegram or similar writing) and shall be given to such party at its address set forth below,
and with copies given as shown below (or such other address as such party may hereafter
specify for the purpose by notice to the other party listed below). Each such notice,
approval, demand, report or other communication shall be deemed delivered to the party
to whom it is addressed (A) if personally served or delivered, upon delivery, (B) if given
electronic communication, whether by telex, telegram or telecopier, upon the sender's
receipt of an appropriate answer back or other written acknowledgment or confirmation
of receipt of the entire notice, approval, demand, report or other communication, (C) if
given by certified or registered mail, return receipt requested, deposited with the United
States Mail with first-class postage prepaid, seventy-two (72) hours after such notice is
deposited with the United States Mail, or (D) if given by reputable overnight courier with
courier charges prepaid twenty-four (24) hours after delivery to the overnight courier.
To Landlord:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attn: City Manager
Tel: (909) 674-3124
Fax: (909) 674-2392
with a copy to:
Barbara Zeid Leibold, Esq.
Leibold McClendon & Mann, P.C.
23422 Mill Creek Drive, Suite 105
Laguna Hills, California 92653
Tel: (949) 457-6300 ext. 104
Fax: (949) 457-6305
To Tenant:
Ifby U.S. Mail:
Boys and Girls Club of Southwest County
P.O. Box 892349
Temecula, California 92589-2349
Attn: Michelle Arellano
Boese Ground Lease 101806
26
r'\G::~\: I:JJ\ ~'i'Ff\l;
i_p,
'~j
..".m~'I.~
If by Federal Express or other overnight service or personal delivery:
Boys and Girls Club of Southwest County
28790 Pujol Street
Temecula, California 92590
Attn: Michelle Arellano
22.6 Further Assurances.
Tenant and Landlord each hereby agrees to take such further actions and to
execute such other and further documents as may be required to carry out the purposes of
this Lease.
22.7 Governing Law.
This Lease shall be governed by and construed in accordance with the laws
of the State of California, regardless of the conflictS of law provisions thereof. All
controversies, claims, actions or causes of action arising between the Parties hereto
and/or their respective successors and assigns shall be brought, heard and adjudicated by
the courts of the State of California and, to the extent allowed by law, with venue in the
County of Riverside.
22.8 Successors and Assigns.
Subject to the provisions of Article 14 hereof, all of the covenants,
conditions and provisions of this Lease shall be binding upon and shall inure to the
benefit of the Parties hereto and their respective heirs, personal representatives,
successors and assigns.
22.9 Time of Essence.
Time is of the essence with respect to the performance of every provision of
this Lease.
22.10 Headings: Joint and Several.
The article headings contained in this Lease are for convenience only and
do not in any way limit or amplify any tern or provision hereof. The terms "Landlord"
and "Tenant as used herein shall include the plural as well as the singular, the neuter shall
include the masculine and feminine genders.
Boese Ground Leue J 0 1806
27
':\GHJU;', ~'(C.!Vi ~\':',\ .....~:2J.._.m___.__
,...',....:..'1.....'1... "'17
..... ... .........-
22.11 No Option.
The submission of this Lease by Landlord, its agent or representative for
examination or execution by Tenant does not constitUte an option or offer to Lease the
Premises upon the terms and conditions contained herein or a reservation of the Premises
in favor of Tenant, it being intended hereby that this Lease shall only become effective
upon the execution hereof by Landlord and delivery of a fully executed lease to Tenant.
No act or omission of any agent of Landlord shall alter, change or modifY the provisions
ofthis Section.
22.12 Right of Landlord to Perform.
All covenants and agreements to be performed by Tenant under any of the
terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and
without any abatement of Rent. If Tenant shall fail to pay any sum of money, other than
Rent, required to be paid by it hereunder or shall fail to perform any other act on its part
to be performed hereunder, and such failure shall continue beyond any applicable cure
period set forth in this Lease, Landlord may, but shall not be obligated to, without
waiving or releasing Tenant from any obligations of Tenant, make any such payment or
perform any such other act on Tenant's part to be made or performed as is in this Lease
provided. All sums so paid by Landlord and all reasonable incidental costs, together with
interest thereon at the Interest Rate (as defined in Section IS .2.1) from the date of such
payment by Landlord, shall be payable to Landlord on demand, and Tenant covenants to
pay any such sums, and Landlord shall have (in addition to any other right or remedy of
Landlord) the same rights and remedies in the event of the non-payment thereof by
Tenant as in the case of default by Tenant in the payment of rent.
22.13 Survival of Obligations.
Any obligations of Landlord or Tenant occurring prior to the expiration or
earlier termination of this Lease shall survive such expiration or earlier termination.
22.14 Relationship of Parties.
Nothing contained in this Lease shall be deemed or construed by the Parties
hereto or by any third party to create any relationship of principal and agent, partnership,
association, joint venture or otherwise between Landlord and Tenant. The sole
relationship of the Parties hereto shall be that of Landlord and Tenant.
22.15 Exhibits and Addenda.
The Exhibit "A" attached hereto is incorporated herein by this reference as
if fully set forth herein.
Boese Ground Lease 101806
28
l\GU\~~;.:';:, .... ;. ,,:;?~..."
"i<)i~t~..;;i:.,j]_,_
22.16 Execution in Counterparts.
This Lease may be executed simultaneously in one or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. For purposes of this Lease, facsimile signatures shall be deemed
to be original signatures, and shall be followed by the immediate overnight delivery of
original signature pages.
IN WITNESS WHEREOF, the Parties hereto have executed this Ground Lease
as of the day and year first above written.
CITY OF LAKE ELSINORE,
a municipal corporation
By:
Robert E. Magee, Mayor
ATTEST:
By:
Fredrick Ray, City Clerk
APPROVED AS TO FORM:
By:
Barbara Zeid Leibold, City Attorney
BOYS AND GIRLS CLUB OF
SOUTHWEST COUNTY, a California
nonprofit corporation
By:
Name:
Title:
By:
Name:
Title:
Boese Ground Leare 101806
29
IlLl
f\'JEN~.':i\ r: :(,/'; I.+'J. :; I
, ..Ljlp_-_~;:::~~Li 1.~=
EXHIBIT "A"
SITE MAP
[To Be Inserted]
P.JFf'.I\'i,',;; i ],1.u.",___",___~"
F!\G;;_.=G __..A .':11_.._..-