HomeMy WebLinkAboutCC & SA Regular Agenda Packets 03-24-2015NOTICE OF CANCELLATION
CLOSED SESSION MEETING HAS BEEN
CANCELLED.
NOTICE IS HEREBY GIVEN that the regular City Council Closed Session meeting of Tuesday, March 24, 2015,
has been cancelled.
The City Council and Successor Agency will meet at the regularly scheduled meeting at 7:00 p.m. on March 24,
2015, at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California.
Date: March 24, 20] 5
OU
Virgin'a, . Blo m, ' ity Glerl<
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NOTICE OF POSTPONEMENT
OF REGULAR CLOSED SESSION MEETING
OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE
NOTICE IS HEREBY GIVEN that the Closed Session Regular Meeting of the City
Council of the City of Lake Elsinore scheduled for 5:00 p.m. on Tuesday, March 24, 2015, is
postponed to 6:00 p.m. on Tuesday, March 24, 2015, at the Lake Elsinore Cultural Center, 183
Main Street, Lake Elsinore, California.
Date: March 19, 2015
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Virginia J. Bloom, declare as follows:
SS AFFIDAVIT OF POSTING
That I am the City Clerk of the City of Lake Elsinore and that I caused to be posted this Notice of
Postponement in a conspicuous place at City Hall, 130 S. Main Street, Lake Elsinore, CA, within
72 hours of said postponement.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: March 19, 2015
tVirgii J. 0o, City Clerk
CI I
LIKE OLS11'10R-1
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Tuesday, March 24, 2015
City of Lake Elsinore
Regular Agenda
City Council
STEVE MANOS, MAYOR
BRIAN TISDALE, MAYOR PRO TEM
DARYL HICKMAN, COUNCIL MEMBER
ROBERT MAGEE, COUNCIL MEMBER
NATASHA JOHNSON, COUNCIL MEMBER
GRANT YATES, CITY MANAGER
7:00 PM
CLOSED SESSION at 6:00 p.m.
PUBLIC SESSION at 7:00 PM
Cultural Center
183 N. Main St., Lake Elsinore
LAKE-ELSINORE.ORG
(951) 674-3124 PHONE
CULTURAL CENTER
183 N. MAIN STREET
LAKE ELSINORE, CA
92530
Cultural Center
The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council
and Agency with valuable information regarding issues of the community.
Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are
televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view
the meetings on Channel 31.
If you are attending this City Council Meeting, please park in the parking lot across the street
from the Cultural Center. This will assist us in limiting the impact of meetings on the
Downtown Business District. Thank you for your cooperation.
The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at
each meeting. The agenda and related reports are also available at City Hall on the Friday
prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.org.
Any writings distributed within 72 hours of the meeting will be made available to the public at
the time it is distributed to the City Council.
In compliance with the Americans with Disabilities Act, any person with a disability who
requires a modification or accommodation in order to participate in a meeting should contact
the City Clerk's Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting
to make reasonable arrangements to ensure accessibility.
City of Lake Elsinore Page 1 Printed on 311912015
City Council Regular Agenda March 24, 2015
CALL TO ORDER - 6:00 P.M.
ROLL CALL
CITY COUNCIL CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV7 CODE SECTION 54957(b)):
CITY ATTORNEY
PUBLIC COMMENTS
CALL TO ORDER - 7:00 P.M.
PLEDGE OF ALLEGIANCE
INVOCATION — MOMENT OF SILENT PRAYER
ROLL CALL
CLOSED SESSION REPORT
PRESENTATIONS / CEREMONIALS
** Opening Day of the Lake
** Public Health Community forums
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE
(Please read & complete a Request to Address the City Council form prior to the start of
the City Council meeting and turn it into the City Clerk. The Mayor or City Clerk will call
oil you to speak.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved in one motion, unless a Council
Member or any member of the public requests separate action on a specific item.)
1) ID# 14-495 Approval of Minutes
Recommendation: It is recommended that the City Council approve the Minutes as submitted.
Attachments: CC Minute Report
January 27, 2015 Special Budget Workshop CC Minutes
3-10-2015 CC Minutes
City of Lake Elsinore Page 2 Printed on 311912015
City Council Regular Agenda March 24, 2015
2) ID# 14-496 Warrant List dated March 12, 2015
Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the
Warrant List dated on March 12, 2015.
Attachments: City Staff Report 3-24-15
Warrant Summary City 03 12 15
Warrant List City 03 12 15
3) ID# 14-497 City Investment Report for February 2015
Recommendation: Staff recommends that the City Council receive and file the City's Investment Report for
February 2015.
Attachments; City Investment -Staff Report 2015-02.pdf
City Investment Report 2015-02.pdf
4) ID# 14-498 Resolution Regarding County Service Area 152 and Setting the
Benefit Assessment Unit Rate for Fiscal Year 2015-2016 for the
City of Lake Elsinore to Fund the City's National Pollutant
Discharge Elimination System (NPDES) Permit Compliance
Activities
Recommendation: Adopt Resolution No. 2015-020 setting the benefit assessment unit rate for County
Service Area 152.
Attachments: Staff Report CSA 152 FY15-16 Levy Draftv3
Resolution CSA 152 FY15-16 Levy-Draftv2
5) ID# 14-499 Murrieta Creek Regional Trail and Logo Update
Recommendation: Receive and file the Murrieta Creek Regional Trail and Logo Update.
Attachments: Staff Report - MURRIETA CREEK REGIONAL TRAIL AND LOGO UPDATE MP
Attachment A - MURRIETA CREEK TRAIL LOGO DESIGN REQUIREMENTS
Attachment B - Lana Cook Award Letter with Logo
ATTACHMENT C - Photos of Lana Cook Receiving Award Check
6) ID# 14-500 Tuscany Hills Park Emergency Field Lighting Repairs
Recommendation; 1. Approve an exception to bid for emergency field lighting repairs at Tuscany Hills
Park and award the Agreement for Contractor Services to West Coast Lighting &
Energy in the amount of $75,544, plus contingency of $4,456, for a total construction
budget of $80,000.
2. Appropriate a Public Works maintenance budget increase of $80,000 in the General
Fund out of reserves.
3. City Council approve the Agreement for Contractor Services in substantially the form
and authorize the City Manager to execute the Agreement for Contractor Services in
such final form as approved by the City Attorney.
Attachments: Staff Report - Tuscany Hills Park Emergency Repairs
Tuscany Hills - Contractor Services Agreement 2015
City of Lake Elsinore Page 3 Printed on 311912015
City Council Regular Agenda March 24, 2015
7) ID# 14-501 Agreement for Architectural and Engineering Services for Phase II
of Rosetta Canyon Park Improvements from STK Architecture, Inc.
Recommendation: 1. Authorize the City Manager to negotiate and approve agreement by and between the
STK Architecture, Inc. and the City of Lake Elsinore in an amount not to exceed
$250,000 for architecture and engineering services related to schematic design phase,
design development phase, and construction document phase for Rosetta Canyon Park
phase II improvements and authorize the City Manager to execute the agreement,
subject to approve as to form by the City Attorney;
2. Authorize the City Manager to approve change orders up to 10% of the agreement in
the amount of $25,000.
Attachments: CC Staff Report Award STK Architects
STK PSA Rosetta Park Design Agreement
8) ID# 14-502 Agreement and Escrow Instructions for Purchase and Sale of Real
Property: APN 370-120-045
Recommendation: It is recommended that the City Council approve the Agreement and Escrow
Instructions for Purchase and Sale of Real Property in substantially the form attached,
authorize the Mayor to execute the Agreement in such final form as approved by the
City Attorney, and direct the City Manager to execute the Certificate of Acceptance.
Attachments: Staff Report re Kane Purchase Sale Agr
Kane Map
Purchase & Sale Agmt Kane -Ryan 032415
PUBLIC HEARING(S)
9) ID# 14-494 Public Hearing on the AB1600 Annual Report for Fiscal
Year 2013-14
Recommendation: 1. Conduct a public hearing and take testimony related to the AB1600 Annual Report
for Fiscal Year 2013-14 prepared in accordance with California Government Code
Section 66006.
2. Receive and file the AB1600 Annual Report for Fiscal Year 2013-14 and adopt the
Findings set forth.
Attachments: STAFF REPORT AB 1600
AS 1600 Annual Report
APPEALS) - None
BUSINESS ITEM(S)
10) ID# 14-503 Presentation of the Association of California Cities, Orange County
(ACC -OC) by Lacy Kelly, CEO
Recommendation: It is recommended that the City Council receive the presentation and consider formally
joining this group.
Attachments: ACC -OC Staff Report
City of Lake Elsinore Page 4 Printed on 311912015
City Council Regular Agenda March 24, 2015
11) ID# 14-504 Update on Park Maintenance Program
Recommendation: This staff report is an update of staffs efforts on the City's preventative maintenance
program for the City's existing 18 parks. Staff has begun the assessment of the City's
parks as part of the Parks Facilities Master Plan Update which is currently in progress.
Staff has prepared a short presentation to update the City Council to receive and file.
Attachments: Update on Parks Maintenance Program 032415
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES
(Please read & complete a Request to Address the City Council form prior to the start of
the City Council Meeting and turn it in to the City Clerk. The Mayor or City Clerk will call
on you to speak.)
CITY MANAGER COMMENTS
12) ID# 14-505 City Departmental MonthlV Reports
Attachments: Monthly
CITY ATTORNEY COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT
The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled
meeting of Tuesday, April 14, 2015. The regular Closed Session meeting will be held at 5:00
p.m. at Cultural Center and the regular Public meeting will be held at 7:00 p.m. at the Cultural
Center located at 183 N. Main Street, Lake Elsinore, CA.
AFFIDAVIT OF POSTING
I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the
foregoing agenda was posted at City Hall 72 hours in advance of this meeting.
Virginia J. Bloom, City Clerk
City of Lake Elsinore Page 5 Printed on 311912015
Ct'tY OF
LAKE 01SIAME
DREAM
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
FROM: Virginia J. Bloom, City Clerk
DATE: March 24, 2015
SUBJECT: Approval of Minutes
Recommendation
It is recommended that the City Council approve the Minutes as submitted.
Discussion
The following minutes are submitted for approval:
a. Special Budget Workshop City Council meeting of January 27, 2015
b. Regular City Council meeting of March 10, 2015
Prepared by: Diana Giron
Deputy City Clerk
Approved and
Submitted by: Virginia J. Bloom
City Clerk
Approved by: Grant Yates
City Manager
Attachment: Draft Minutes of January 27, 2015
Draft Minutes of March 10, 2015
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Tuesday, January 27, 2015
CALL TO ORDER - 6:00 P.M.
Y
LAKE
(951) 674-3124 PHONE
-312 PHONE
CULTURAL CENTER
163 N. MAIN STREET
Meeting Minutes
y
LAKE ELSINORE, CA
92530
City Council
STEVE MANOS, MAYOR
BRIAN TISDALE, MAYOR PRO TEM
DARYL HICKMAN, COUNCIL MEMBER
ROBERT MAGEE, COUNCIL MEMBER
NATASHA JOHNSON, COUNCIL MEMBER
GRANT YATES, CITY MANAGER
6:00 PM Cultural Center
Mayor Manos called the meeting to order at 6:04 p.m.
ROLL CALL
PRESENT: Council Member Johnson, Council Member Magee, Mayor Pro Tem Tisdale,
and Mayor Manos
ABSENT: Council Member Hickman
Also present: City Manager Yates, City Attorney Leibold, Administrative Services Director
Simpson, Community Development Director Taylor, Public Works Director Damasse,
Community Servings nirectnr skinner, Planning Manager MacHott, Police Cpt. Hollingsworth,
Fire Cheif Barr, and Deputy City Clerk Giron.
PUBLIC COMMENTS — None
STUDY SESSION ITEM(S)
1) ID# 14421 Fiscal Year 2014-15 Mid -Year Operating Budget Status Report -
General Fund
Attachments: 2014-15 Mid -Year Budget Report final
Staff recommends that the City Council review and discuss the Fiscal Year
2014-15 Mid -Year Operating Budget, as reflected and adjusted in the Exhibits.
EORG
Cit of Lake Elsinore
City or Lake Elsinore Page 1
City Council Meeting Minutes January 27, 2015
Administrative Services Director Simpson provided the status of the Mid -Year 2014-2015
operating budget to Council. He stated that the external factors continue to negatively impact
the City. The revenues and expenditures are monitored and the budget continues
implementing Council's public safety goals. Director Simpson reported that the City is still
losing approximately $1 Million per year in property taxes due to the ERAF and continues to
recover from property tax declines, which were part of the Property 8 roll backs implemented
in 2009 and 2010 by the County Assessor. He explained that the expenditure funds are
impacted by Calipers and also vulnerable to any contract decisions made by the Police
Department and Fire Department, Director Simpson reviewed the unemployment rate in Lake
Elsinore and reported that the rate is going down and recovering. The number of jobs has
increased by 42% and sales tax revenues are at $7.8 Million. The Property Tax Nets
Assessed Tax Values is at $4.5 billion which is still less than in 2009, but it is recovering. He
reported the total revenues at mid -year is $35.5 Million and reviewed the revenue adjustments
with a total net reduction to the revenue of $355,000. The appropriations in the City's budget
is at approximately $36.8 Million; approximately 50% is for public safety and provided the
breakdown of the remaining 50%. The appropriation adjustments with a total net reduction to
the expenditures is $873,301. The FY2014-15 Mid -Year projected ending fund balance is
$9.7 Million. When the budget was adopted it was approximately negative $2.1 Million; it is
now at approximately $1.6 Million and staff will continue monitoring all the line items. Director
Simpson reported that the operating transfers from the general funds to other funds going out
are going down by $20,000. Staff completed a full electric bill audit and will save
approximately $44,000 a year and receive approximately $20,000 in refunds. Director
Simpson stated that the FY2014-15 provides a foundation for the FY2015-16 budget and
includes a five year financial projection. Director Simpson provided an update of the CRS
Accounts and reported that the City has approximately $1,327,000 in deposit with the net
outstanding balance at approximately $136,000.
Director Simpson reported the CIP (Capital Improvement Program) was adopted at $25.4
Million, however based on the current street and park project activities the CIE is at $50.2
Million and approximately $43 Million of that total is funded.
City of Lake Elsinore Page 2
City Council Meeting Minutes January 27, 2015
Public Works Director Damasse provided status of the CIP projects. Director Damasse
provided a report for the following projects: Rosetta Canyon Park Improvements has an
allocation of $6.8 Million for a planning consultant and an architect firm that will provide space
planning with staff providing project options to Council at a future date; Serenity Parks
improvements are currently in the first phase for the design build of the skate park and the
second phase consist of restrooms, parking spaces and lights; Whiskers Beach
Improvements are currently in design and in the process of the environmental clearance;
1-15/Rafroad Canyon Deceleration Lane Project is in the process of obtaining an
encroachment permit from Caltrans and will go out to bid in April 2015; Facility Master Plan
includes a citywide evaluation of all City buildings and facilities, an assessment of the City
parks has been completed, and energy audits will be conducted at each of the facilities which
will result in a short-term to long-term CIP (Capital Improvement Project) for each of the
facilities; Storm Drain Master Plan is currently in the process of a field study of the facilities for
data and hydraulic analysis; the City acquired the Ennis property on Lakeshore Drive for
paving of a parking lot with a parking structure; City Monuments project has been awarded
and the two ground monuments will be completed by the end of this fiscal year; City-wide
Sidewalk Survey will be conducted in February 2015 to look at the state and condition of
existing sidewalks, as well as repair methods and costs which will result in a CIP development
program for the sidewalk program; staff is currently assessing the replacement of the sailboat
logos on street signs and reviewing the operations budget to see how many street signs can
be replaced. Director Damasse stated that 30 streets have been completed in Phase 1 of the
Pavement Management Plan; Phase 2 will focus on major street rehabilitation, address
drainage improvements, and includes 10 lane -miles of reconstructive streets. A total of 38
streets will be primarily funded by the TRIP bond. Director Damasse reviewed the Pavement
Management Plan and stated that the City has spent approximately $4.3 Million for Phase 1
and Phase 2.
City Treasurer Baldwin stated the City's transition in staff talent and tools has provided a laser
sharp budget and laser sharp method to monitor the budget into the future.
John Franco, Lake Elsinore resident, spoke regarding public safety concerns and conditions
of dirt roads located on Driscol at Hill Avenue in Country Club Heights. He stated that for the
past five years the budget has included road pavement, but the roads still remain unpaved
and property values have declined due to unpaved roads.
Council Member Magee stated that there are funds in the budget for unpaved streets, but he
did not recall Driscol on the street pavement list that has already been completed. Council
Member Magee stated that at this point Driscol needs to be put on the CIP list to move
forward. Staff will need to assess what is appropriate and put together a priortiy list and start
paving the streets again.
City o/ Lake Elsinore Page 3
City Council Meeting Minutes January 27, 2015
Council Member Johnson asked if Driscol was a private or City road. She requested that staff
look at the PMP Index to see why Driscol was not previously included in the street pavement
schedule. Council Member Johnson stated that she has received calls regarding the
deplorable conditions of Gunnerson Street. Director Damasse responded that Gunnerson
Street is currently scheduled to be paved, but it is still going through environmental
clearances. Council Member Johnson asked if the need for a CIP phase project for the
replacement of the sailboat logo street signs was an indication that the inventory of signs
throughout the City is large. Director Damasse explained that the best approach for the
replacement of the sailboat street signs is to phase the project, so that the project is
performed correctly. Council Member Johnson stated that the City is moving forward with
monument signs and City branding efforts, but falling behind in the scale of the City's image.
She requested an inventory list of the street signs with an update to the Council as to when
the signs can be phased in.
City Manager Yates stated the cost for replacing the signs is $70,000 to $80,000. Staff has a
listing of all the signs that have sailboats on them and it was a significant amount that puts it
over the threshold to create a capital project, but there may be opportunities to replace signs
at intersections that have higher visibility and staff will provide that list. City Manager Yates
stated staff will keep this project visible and understands the concept of being consistent in
branding efforts. He also stated that because of the cost, staff wants to ensure that this
project is done systematically to stay within the total of the City's budget.
Council Member Magee clarified that Gunnerson Street is funded in the budget.
Mayor Manos stated that this meeting was a budget workshop to be informative in nature and
announed there will also be a strategic planning session to set priorities. Mayor Manos stated
the report will be received and filed.
ADJOURNMENT
Mayor Manos adjourned the meeting at 6:45 p.m. to the regular City Council meeting to be
held on Tuesday, January 27, 2015, at 7:00 p.m.
Steve Manos, Mayor
Diana Giron, Deputy City Clerk
City of Lake Elslnoro Page 4
Cit of Lake Elsinore LAKE-ELsiNOREORG
Y (951) 674-3124 PHONE
L,0 KE LSI NO RF CULTURAL CENTER
��. n�u:r,,,-, sRrnrwe 183 N. MAIN STREET
Meeting Minutes LAKE E 92530 E, CA
92530
City Council
STEVE MANOS, MAYOR
BRIAN TISDALE, MAYOR PRO TEM
DARYL HICKMAN, COUNCIL MEMBER
ROBERT MAGEE, COUNCIL MEMBER
NATASHA JOHNSON, COUNCIL MEMBER
GRANT YATES, C17YMANAGER
Tuesday, March 10, 2015 7:00 PM Cultural Center
CALL TO ORDER 6:30 P.M.
Mayor Manos called the meeting to order at 6:30 p.m.
ROLL CALL
PRESENT: Council Member Hickman, Council Member Johnson, Council Member Magee,
Mayor Pro Tem Tisdale, and Mayor Manos
Also present: City Manager Yates, City Attorney Leibold, and City Clerk Bloom
CITY COUNCIL CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov't Code § 54956.8)
Property: APN #370-120-045
Agency negotiator: City Manager Yates
Negotiating parties: City of Lake Elsinore and Richard Kane & Darlene Ryan
Under negotiation: Price and terms of payment
City Attorney Leibold announced that the City Council would be meeting in Closed Session to
conference with real property negotiators. The City Council recessed to Closed Session at
6:31 p.m.
PUBLIC COMMENTS - None
CALL TO ORDER - 7:00 P.M.
Mayor Manos reconved the meeting at 7:00 p.m.
City Wake Elsinore Page 7
City Council Meeting Minutes March 10, 2015
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Manes,
ROLL CALL
PRESENT: Council Member Hickman, Council Member Johnson, Council Member Magee,
Mayor Pro Tem Tisdale, and Mayor Manes
Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative
Services Director Simpson, Community Development Director Taylor, Public Works Director
Damasse, Community Services Director Skinner, Police Chief Hollingsworth, Fire Cheif Barr,
Deputy City Clerk Giron
CLOSED SESSION REPORT
City Attorney Leibold announced that the City Council met in Closed Session regarding
Conference with Real Property Negotiators pursuant Government Code 54956.8, APN
#370-120-045, and that there was no reportable action taken.
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE
Ruth Atkins, stated that there was an issue with transients living in a stairwell located behind
the Cultural Center. She stated that the Public Works staff responded to the incident by
mounting a light, and fabricating and installing a door in the stairwell. Ms. Atkins commended
and thanked the Public Works staff for the work they performed to ensure the safety of the
historical museum.
Daryl Smith, Representative for the NWACP Lake Elsinore, thanked City Council for their
outstanding support with the celebration of Black History month on February 22nd. Mr. Smith
stated that they were represented by Mayor Pro Tem Tisdale and thanked him for his
correspondence. Mr. Smith presented Mayor Pro Tem Tisdale with a certificate of
appreciation.
PRESENTATIONS / CEREMONIALS
** Amphibious Bridge Presentation by the U.S. Marine Corp.
Community Services Director Skinner introduced Captain Hicks of the 7th EBS Bridge
Company and stated that staff has been working with the group.
City of Lake Elsinore Page 2
City Council Meeting Minutes March 10, 2015
Captain Hicks provided an overview of the Lake Elsinore Bridging Operation to Council. He
explained that the Bridge Company will conduct a Marine Corps Combat Readiness
Evaluation in the City of Lake Elsinore, Captain Hicks stated the exercise will take place
March 23 - 27. He explained the logistics of the operation and equipment that they will use
during the operation. Captain Hicks also provided an overview the operation timeline and
stated that they have been in contact with public safety agencies to ensure public safety.
Council Member Magee asked if the levy access will be closed off to pedestrians during the
week of March 23rd? Captain Hicks responded in the affirmative. Council Member Magee
asked if there will an alternative route designated for jogger and dog walkers. Community
Services Director Skinner responded that there will be another entrance to the south side of
the levy for pedestrian access, as well as signage to keep the public informed.
CONSENT CALENDAR
1) IN 14476 Approval of Minutes
Attachments: CC MinuteReport
CC 2-24-2015 Minutes
It is recommended that the Council approve Minutes as submitted,
2) ID# 14.477 Warrant List dated February 26, 2015
Attachments: City Staff Report 3-10-15
Warrant Summary City 02 26 15
Warrant List City 02 26 15
It is recommended that the City Council of the City of Lake Elsinore receive and
file the Warrant List dated on February 26, 2015.
4) ID# 14-479 Notice of Completion of Traffic Signal Improvements at Canyon
Hills Road I Sage Lane Project No. 4368
Attachments: Notice of Completion Traffic Signal at Canyon Hills Rd - Sage Lane
Signed Cony NOC Traffic Signal
1.) Accept the improvements into the City Maintained System;
2.) Authorize staff to file the Notice of Completion with the County Recorder; and
3.) Authorize staff to release contract retention monies 35 days after filing the
Notice of Completion.
5) ID# 14-480 Award Agreement for Public Works Construction for Electric
Vehicle Charging Stations, Project No. Z20001
Attachments: Notice to Award Electric Vehicle Charging Stations MB DB VD
Clean Fuel Connection Construction Services Agmt
CFC Proposal
1.) Award the Agreement for Public Works Construction for the Electric Vehicle
Charging Stations Project to Clean Fuel Connection, Inc., in the amount of
City of Lake Elsinore Page 3
City Council Meeting Minutes March 10, 2015
$123,901; Approve a total construction budget of $142,486, which includes an
approximate 15% construction contingency of $18,585; Authorize the City
Manager to execute contract amendments not to exceed the construction
contingency of $18,585;
2.) City Council approve the Agreement for Public Works Construction in
substantially the form and authorize the City Manager to execute the Agreement
in such final form as approved by the City Attorney; and
3.) Authorize the Public Works Director to record the Notice of Completion once
he determines the work is complete, accepts the improvements into the City's
maintained system, and releases the retention to Clean Fuel Connection, Inc., if
no claims are filed against the project.
7) ID# 14-482 Award the Agreement for Public Works Construction for the ADA
Sidewalk Senior Center, Project No. 4424
Attachments: Notice to Award.FY2014-2015 ADA Sidewalk Senior Center
Sidewalk Project VD Comments 022615
Attachment - Construction Services Aomt ADA Senior Center
Sidewalk
Exhibit_A - Bidder's Proposal
Attachment - Sr Center ADA Imp - Vicinity Map
1.) Award the Construction Contract for the ADA Sidewalk Senior Center
Sidewalk Project to Southwest Construction Co. Inc., in the amount of $111,420;
Allocate a total construction budget of $139,275 (includes an approximate 25%
construction contingency of $27,855);
2.) Authorize the City Manager to execute the contract with Southwest
Construction Co., Inc., in the amount of $111,420,and authorize the City Manager
to execute contract amendments not to exceed $139,275;
3.) City Council approve the Agreement for Public Works Construction in
substantially the form and authorize the City Manager to execute the Agreement
in such final form as approved by the City Attorney; and
4.) Authorize the Public Works Director to record the Notice of Completion once
he determines the work is complete, accepts the improvements into the City's
maintained system, and releases the retention to Southwest Construction Co.
Inc., if no claims are filed against the project.
Mayor Manes pulled Agenda Item No. 6 and Council Member Johnson pulled Agenda Item
No. 3 from the Consent Calendar.
Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to approve the
Consent Calendar less Agenda Item Nos. 3 and 6, passed by unanimous vote as follows:
AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Hickman,
Council Member Magee, and Mayor Manes
NOES None
ABSENT: None
ABSTAIN: None
City Of Lake Elsinore Page 4
City Council Meeting Minutes March 10, 2015
PULLED CONSENT CALENDAR ITEM(S)
3) ID# 14-478 Notice of Completion - McVicker Dog, Park Fencing Project No.
Z40000
Attachments: McVicker Dog Park Staff Report Notice of Completion
two
1.) Accept the improvements into the City maintained system;
2.) Direct staff to file the Notice of Completion with the County Recorder's Office;
and
3.) Direct staff to release any remaining retention funds 35 days after filing of the
Notice of Completion.
Council Member Johnson stated that there was a need for a dog park at McVicker park and
staff was able to create a dog park where one was not intended. Council Member Johnson
thanked Community Services Director Skinner, Project Analyst McCarthy and Public Works
Director Damasse for their work.
Motion by Council Member Johnson, second by Council Member Hickman, to accept the
improvements into the City maintained system; direct staff to file the Notice of Completion
with the County Recorder's Office; and direct staff to release any remaining retention funds 35
days after filing of the Notice of Completion, passed by unanimous vote as follows:
AYES Council Member Johnson, Council Member Hickman, Council Member Magee,
Mayor Pro Tem Tisdale, and Mayor Manes
NOES None
ABSENT: None
ABSTAIN: None
6) ID# 14481 Approval of a Cooperative Agreement with the County of Riverside
for the Grand Avenue Resurfacing Improvements, CIP Project, No.
Z10018
Attachments: Grand Avenue Resurfacinq Improvements Staff Report
Grand Avenue Resurfacing Improvements Cooperative Agreement
Grand Avenue Resurfacing Location Map
Grand Avenue Resurfacing Impv. City Budget
Grand Avenue Resurfacing LE Alternative Bid
1.) Approve the Cooperative Agreement with the County of Riverside (County) as
to form; and
2.) Authorize TRIPP fund expenditures in an amount not to exceed $130,000 for
the City portion of the Grand Avenue Resurfacing Improvements, per the terms of
the Cooperative Agreement.
City of Lake Elsinore Page 5
City Council Meeting Minutes March 10, 2015
Public Works Director Damasse stated that this is a Joint Cooperative Project with the County
of Riverside, City of Wldomar, and City of Lake Elsinore for the repaving project of Grand
Avenue and several sections throughout the City's jurisdiction. Director Damasse introduced
Michael Mueting, Transportation Project Manager from Riverside County.
Michael Mueting, Transportation Project Manager from Riverside County, provided an
overview of the resurfacing improvements project on Grand Avenue. He explained the project
is 4.8 miles in length and that the road will be widened so that vehicles have the ability to
move out of the way when making a right turn. There are six (6) existing concrete dip
sections that will be repaired and bad segments will be replaced; special pavement will be
used as you approach the dips; and one new dip section will be added. Project Manager
Mueting stated that larger street name signs will be be installed at each intersection and
access ramps located at corners are going to be improved to comply with ADA standards.
The total project construction cost is $4.5 Million. The construction starts May and will take
approximately 12 weeks.' Project Manager Mueting informed Council that the City received a
reduced cost for the asphalt.
Council Member Hickman asked for confirmation of the City's percentage for the project of
$130,000. Public Works Director Damasse responded in the affirmative.
Council Member Magee stated this project will have a seamless transition. He stated that
Grand Avenue has already had 12 Edison lights installed and a traffic signal installed at the
intersection of Brightman Avenue. Those improvement were for public safety and curb
appeal. Council Member Magee thanked Director Damasse and Transportation Project
Manager Mueting for their work.
Motion by Council Member Magee, seconded by Council Member Johnson, to approve the
Cooperative Agreement with the County of Riverside (County) as to form; and authorize
TRIPP fund expenditures in an amount not to exceed $130,000 for the City portion of the
Grand Avenue Resurfacing improvements, per the terms of the Cooperative Agreement,
passed by unanimous vote as follows:
AYES Council Member Magee, Council Member Johnson, Council Member Hickman,
Mayor Pro Tem Tisdale, and Mayor Manos
NOES None
ABSENT: None
ABSTAIN: None
Cityor Lake Elsinore Page 6
City Council Meeting Minutes March 10, 2015
PUBLIC HEARING(S)
8) ID# 14483 Resolution of Necessity and Authorization to Commence Eminent
Domain Proceedings to Acquire Real Property Necessary for the
Expansion of Serenity Park
Attachments: CC Staff Report re Resolution of Necessity 031015-1
Mao
Reso of Necessity 031015
Legal Description
1.) Conduct a public hearing on the proposed Resolution of Necessity; and
2.) Adopt Resolution No. 2015019 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE
PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE
CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF LAKE
ELSINORE.
Mayor Manes opened the Public Hearing a1 7:33 p.m.
City Attorney Leibold provided an overview of staffs report and recommendation to Council.
Attorney Leibold explained proposed Resolution No. 2015-019 of necessity and stated that
the City has engaged in negotiations to acquire a 2.6 acre parcel adjacent to Serenity park for
one year. A purchase and sales agreement has not yet been reached. Serenity park is
missing on site parking and restroom facilities and the acquisition of the proposed parcel
would enable the City to provide those improvements. The acquisition would also expand the
recreational opportunities to meet the existing and future population needs of the City.
Attorney Leibold stated that the City would continue to negotiate with the property owner; and
explained the next step in the acquisition process would be to request the City's adoption of a
resolution of necessity and the findings relating to the public interest and necessity in
acquiring the property. Attorney Leibold reviewed the findings set forth in staffs report and
proposed Resolution No. 2015-019. Mayor Manes called for public comments. There being
no public comments Mayor Manes closed the Public Hearing at 7:35 p.m.
Motion by Mayor Pro Tem Tisdale, second by Council Member Magee, to adopt Resolution
No. 2015-019 A RESOLUTION OF THE CITY COUNCIL OFF THE CITY OF LAKE
ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC INTEREST AND
NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF LAKE ELSINORE, passed by unanimous vote as
follows:
AYES Mayor Pro Tem Tisdale, Council Member Magee, Council Member Hickman,
Council Member Johnson, and Mayor Manes
NOES None
ABSENT: None
ABSTAIN: None
City or Lake Elsinore Page 7
City Council Meeting Minutes March 10, 2015
APPEAL(S) - None
BUSINESS ITEMS)
9) ID# 14.484 La Laguna Resort and Boat Launch License Agreement
Attachments;. Staff Reoed - LA LAGUNA RESORT_AND_BOAT LAUNCH
AGREEMENT MARCH 10 2015
City Council to authorize staff to begin cancellation procedures of the License
Agreement with Pyramid Enterprise (Licensee) for Operation of the Campground,
Day Use and Boat Launch Concession at the Lake Elsinore Recreation Areas
described in the 2013 Agreement of Operations with Pyramid Enterprises,
Section 17.
Community Services Director Skinner provided an overview of the staff report and
recommendation to Council. Director Skinner introduced Joe Moore of Moore Campground
Consulting.
Mr. Moore provided an overview of the Feasibility Study and Recommendations Report of La
Laguna Resort. He explained the analysis process included historical research, interview
process, observations, industry standards, SWOT (Strength, Weakness, Opportunities and
Threats) analysis, industry research comparisons, and site visits of campgrounds. He pointed
out the resort's strengths are the lake, boat launch, 85 acre park, mature trees, and a lot of
fishing. He also stated that some of the weaknesses at the resort included no swimming in
the lake, utility infrastructure and structure issues, sewer services, 50 amp service, and
inadequate pathways, additional parking, landscaping and aesthetics. Mr. Moore reviewed
marketing opportunities identified at the campground resort that can generate revenue. There
are potential threats that include flooding and drought; water quality and safety, preconceived
perception of the lake and park; funding sources, and competition infringement. Mr. Moore
reviewed financial goals for the park to be self sustained and Operational Goals of the park.
Mr. Moore provided an overview of recommendations included master planning, phasing
sections of the park, staffing, and accomodations to create an ultimate lake destination.
Community Services Director Skinner stated the City appreciates Pyramid Enterprise for their
operation of the facilities for the past 10 years. He explained the next steps to move forward
are the cancellation policy, temporary operation and staffing of the campground facility, and a
marketing plan. Director Skinner stated that for the long-term goals the City needs to look at
a master plan of campground professionals. Community input meetings will be held at the
Cultural Center and at the campground site. Community Services Director Skinner stated that
he has been working on a pro forma with the Finance Department to present it to the
Economic Development Sub -Committee. The goal for the campground facility is to make it
cost neutral and an enterprise zone.
Kim Cousins, Chamber of Commerce Representative, stated the Chamber of Commerce is in
support of making the campground site the ultimate destination and looks forward to
participating in the development of future plans for that site.
City of Lake Elsinore Page 8
City Council Meeting Minutes March 10, 2015
Mayor Pro Tem Tisdale asked how long the timeline for this process is. Director Skinner
responded 18 to 24 months to plan and implement that plan.
City Manager Yates stated that staff will look at funding alternatives and various service
levels. He also stated that this will be an ongoing process and Council will have opportunities
to assist in developing the costs, funding and finance options.
Council Member Magee thanked Director Skinner and Mr. Moore for the campground
presentation. He stated that Pyramid Enterprise has been a good partner to the City during a
difficult situation and throughout the entire recession. Council Member Magee stated that
Pyramid Enterprise's current employees should have prioritization on the interview list for
future employment at the campground facility. Council Member Magee also stated that
William's Bait and Tackle and All Day Jet Ski provided services for tourists and private sector
partners are needed in order to move forward with this project. Council Member Magee also
stated that the City needs to maximize businesses that have remained loyal and that he is in
support of this project.
Mayor Manos thanked Community Services Director Skinner and Council Member Johnson.
Mayor Manos acknowledged that there is on going work and discussions relating to this
project. Mayor Manos asked if the recommendation was approved, would the annual cost
with expected revenues be covered. Director Skinner explained that staff has been working
on a budget to present to the Economic Development Sub -Committee. There maybe a
shortfall during the operational transition, but staff expects to generate revenue during the
summer season.
Council Member Magee stated that the Santee Lake's model is a great model. He stated that
Director Skinner has already worked on this type of operation and Council is confident he can
perform this operation. Council Member Magee stated that the Division of Boating and Water
Ways provided the City with a grant to pay for part of the La Laguna Resort boat launch ramp
On that commission, is Matt Webb who spoke at the boat launch dedication and asked for
assistance to acquire more funds for the lake. Council Member Magee stated that the City
needs to reach out to Matt Webb to acquire funds from the Division of Boating and
Waterways.
Motion by Council Member Magee, second by Council Member Johnson, to authorize staff to
begin cancellation procedures of the License Agreement with Pyramid Enterprise (Licensee)
for Operation of the Campground, Day Use and Boat Launch Concession at the Lake Elsinore
Recreation Areas described in the 2013 Agreement of Operations with Pyramid Enterprises,
Section 17.
City of Lake Elsinore pone 9
City Council Meeting Minutes March 10, 2015
Mayor Manes asked Administrative Services Director Simpson if he would like to speak
regarding bonding. Director Simpson responded that staff will return to Council in April with a
plan that considers the City's overall budget position in the general fund. Director Simpson
stated Staff will present a preliminary plan that aids in laying out next year's budget which will
also consider the La Laguna resort.
Council Member Johnson pointed out that there are solar and storage services that will
provide immediate revenue to the campground.
The motion passed by unanimous vote as follows:
AYES Council Member Mage, Council Member Johnson, Council Member Hickman,
Mayor Pro Tem Tisdale, and Mayor Manes
NOES None
ABSENT: None
ABSTAIN: None
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES
Jerry Harmatz spoke regarding volunteers and support for the charity to support the HOPE
center. He presented "support and charity begins at home" idea to Council and asked Mayor
Manes to appoint a Council Member to form and head a subcommittee that helps this City
move forward.
Garrett Brown invited the public to visit All Day Jet Ski at 500 W. Elms Grove Beach, Lake
Elsinore. The website is www.alldayjetski.com.
Kellee Stevenson, Lake Elsinore resident, stated she is involved with a car club that enjoys
their visits to the La Laguna Resort as well as the staff. Ms. Stevenson stated that she is
concerned that the resort will be closed and the car club will have to look for another resort.
Mayor Manes asked Ms. Stevenson to contact Community Services Director Skinner and
clarified that the City is not closing the park but simply taking over the management of the
resort.
Autumn Crawford, President of the Lake Elsinore PTSA Council, announced their campaign
to raise funds so that all school sites are equipped with an Automated External Defibrillator
(AED). Ms. Crawford spoke about the importance for all schools to be equipped with an AED.
The cost is $45,000, but they are expecting that cost to decrease. She announced an
e -waste fund raiser on April 11th at Lake Elsinore Unified School District (LEUSD) and invited
Council to attend and support the program; and PTSA Council established a "Go Fund me" at
www.gofundme.com for donations. She asked for Council's support to promote awareness of
the campaign. The PTSA Council, in collaboration with the LEUSD, is raising funds for the
AEDs and the LEUSD will continue the maintenance and care of the AEDs.
City of Lake Elsinore Page 10
City Council Meeting Minutes March 10, 2015
Council Member Johnson asked how far in the PTSA Council was on the fund raising goal.
Ms. Crawford responded that the PTSA has raised $4000. Council Member Johnson asked
where each student could make a donation of $2. Ms. Crawford explained that the PTSA
Council created a flyer asking for a $2 donation and will be distributing to all students. The
donation will be made directly to the student's school and the PTA will direct the funds to the
PTSA. Ms. Crawford announced the PTSA Council meeting on March 24th at 7:00 p.m. in
the Board Room at Lake Elsinore Unified School District. The $2 donation flyers will be
distributed in two (2) weeks and an a -waste event flyer will also be distributed. Mayor Manos
advised Ms. Crawford to contact Management Analyst Dailey to assist her in reaching out to
members of the community. Council Member Johnson invited Ms. Crawford to return to a
Council meeting to provide goal updates,
CITY MANAGER COMMENTS
City Manager Yates recognized the IT Department for their work and new equipment.
CITY ATTORNEY COMMENTS - None
CITY COUNCIL COMMENTS
Council Member Hickman announced the Easter Egg Hunt event at the Elk's Club on March
14th from 10:00 a.m. to 12:00 p.m.; and the Elsinore High School Basketball Team won the
City champion trophy. He wished everyone a happy St. Patrick's Day.
Council Member Johnson congratulated the Temescal Canyon Varsity Girls Soccer team CIF
Winners and announced the team was playing in the State Championship game. She
thanked Mr. Moore for his presentation and stated that she was looking forward to the work
that will be continued. Council Member Johnson thanked Pyramid Enterprise for their
partnership,
Council Member Magee wished former Council Member Fred Dominguez a Happy Birthday.
He stated that Mr. Dominguez served on the School Board and City Council and is a pioneer
who saw the future in this City.
Mayor Pro Tem Tisdale stated that he attended a historical event, the swearing in ceremony
of Supervisor Chuck Washington, the first African American Supervisor in the County of
Riverside. He stated that Supervisor Washington understands his District and will be a great
Supervisor. Mayor Pro Tem Tisdale thanked the Marines for their attendance and staff for
their work.
City of Lake Elsinore page 11
City Council Meeting Minutes March 10, 2015
Mayor Manos announced the Children's Fair and Egg Hunt on Saturday, April 4th at 10:00
a.m. at McVicker Canyon Park; Opening Day at the Lake - Free Lake Use on Saturday April
4th; and Storm baseball on April 9th. Mayor Manos requested an update of the City parks at
the next City Council Meeting.
ADJOURNMENT
Mayor Manos adjourned the meeting at 8:40 p.m. to the next regularly scheduled meeting to
be held on Tuesday, March 24, 2015, at 7:00 p.m.
Steve Manos, Mayor
Virginia J. Bloom, City Clerk
City or Lake Elsinore Page 12
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
' www.lake-elsinore.org
Text File
File Number: ID# 14-496
Agenda Date: 3/24/2015 Version: 1 Status: Approval Final
In Control: City Council File Type: Report
Agenda Number: 2)
City of Lake Elsinore Page 1 Printed on 311912015
IlY01 .
LAKE LSIIA0RJE
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: MARCH 24, 2015
SUBJECT: WARRANT LIST DATED MARCH 12, 2015
Recommendation
It is recommended that the City Council of the City of Lake Elsinore receive and file the
Warrant List dated on March 12, 2015.
Discussion
The warrant list is a listing of all general checks issued since the prior warrant list.
Prepared By: Frances Ramirez
Account Specialist II
Reviewed By: Jason Simpson
Administrative Services Director
Approved By: Grant Yates
City Manager
Attachments: Warrant List 3-12-15
MARCH 12, 20B CITY OF ,LAKJC ]ELS111NORE
PUNL)# FUND D SCRIP"]']ON
100
GENERALFUND
110
STATE GAS TAX FUND
130
LIGHTING/LANDSCAPE MAINTENANCE Fl
135
L.L.M D. N0. 1 FUND
160
PEG GRANT RESTRICTED FUND
345
C.F.D 2003-2 IA -D (2014A) DEBT SERVICE
500
CAPITAL IMPROVEMENT PLAN
608
TRUST DEPOSITS
617
SA RDA HOUSING FUND
620
COST RECOVERY TRUST DEPOSIT FUND
WARRANT
R
101 AL
GRAND TOTAL $ 1,862,158.06
3/16/2015 Warrant 03 12 15 City i of 1
IMAM RCI 12, 2015 CITY 01F LAIKE C1LSINORIE
(:1-3ECK# VENDOR NAMF
121374
121375
121376
121377-121378
121_381
121382
121383
121384
INC.
VOID-HARRAH'S RESORT SOUTHERN
ACTION GAS & WELDING SUPPLY
ALLEGRA MARKETING PRINT MAIL
ALLIED TRAFFIC EQUIPMENT RENTAL
AMERICAN EXPRESS -CORP. PURCHASING
ANALYSIS TRAINING INSTITUTE
CAPIO
CDW GOVERNMENT, INC.
CHANDLER AGGREGATE:
INC.
W/',R RAiN r 1.aS 1'
AMOUN F
(400.00)
158.12
2,478.57
222.48
125.00
547.03
472.81
121385
DISH NETWORK
1010.2/
121386
DOWNS COMMERCIAL FUELING, INC.
1,453.07
121387-121389
E V M. W. D.
5,024.91
121390
E S BABCOCK & SONS, INC.
900.00
121391
EAGLE ROAD SERVICE & TIRE
916.49
121392-121395
EXCEL LANDSCAPE, INC.
6,994.86
121396
FILARSKY & WATT, LLP _ _ _
6,415.32
121397
GREAT AMERICA FINANCIAL SERVICES
500.61
121398
GUS PAPAGOLOS CONSULTING_
3,300.00
12 1399
INLAND EMPIRE LOCK & KEY
284.32
121400
INLAND URGENT CARE, MEDICAL CORP
80.00
121401
JIVE COMMUNICATIONS INC.
1,997.04
121402
LEIBOLD, MCCLENDON & MANN _ _ _
206.46
121403
LIVING LEGACY PRODUCTIONS_ _
34.00
121404
MIRACLE RECREATION EQUIPMENT CO.
150.94
121405
MISSION SAN JUAN CAPISTRANO
48.00
121406
t4toPcSTUSA, INC.
- 2,000.00
121407
NTH GENERATION COMPUTING, INC.
17,224.64
121408
OFFICE MAX INCORPORATED
561.81
121409
ORKIN, INC
121410
GENARO & MABLE PRATS
121411
RCGIA
121412
RIVERSIDE COUNTY REGISTRAR
1413 SCOTT MORRISON & ASSOCIA
SECRETARY OF STATE
21417 SOUTHERN CALIFORNIA EDISON CO
183.38
112.80
260.00
249.59
845.00
40.00
760.25
121418
STAPLES ADVANTAGE
277.74
121419
STAUFFER'S LAWN EQUIPMENT
501.36
121420
SUNICITYGRANITE, INC.
2,326.92
121421
SUSTAINABLE CIVIL ENG SOLUTIONS, INC.
6,680.00
121422
TYLER TECHNOLOGIES, INC.
1,500.00
D PARCEL SERVICE
22
121424
UNITED STATES POSTAL SERVICE
_ _ 2,250.00
121425
VCS ENVIRONMENTAL
8,541.98
121426
_
VERIZON WIRELESS *2)
_ 60.58
121427
VILLA ROOT BARRIER
_ 475.20
121428
VISION TECHNOLOGY SOLUTION, LLC _
200.00
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
26,619.00
_121429
121430
ABOVE ALL NAMES CONSTRUCTION, INC.
_ 18,429.94
121431
ALLEGRA MARKETING PRINT MAIL
75.60
3/16/2015 Warrant 03 12 15 City 1 OF 3
MAR( -;I 1 M 2015 0TY OF LAKE EIL.SiINORIE
0-1ECK11
VIINDOR NAMI?
121432
AMERICAN PAYROLL ASSOCIATION
121433
ANIMAL FRIENDS OF THE VALLEY
121434
APPLE ONE
121435
BANK OF AMERICA, CITY
-BANK
121436
OF AMERICA, CITY
121437
BANK OF AMERICA,CITY
121438
BANK OF AMERICA, CITY
121439
CANON FINANCIAL SERVICES, INC
121440
CDW GOVERNMENT, INC
121441
-
DISCOUNT HAULING & CLEANUP SERVICE
121442
CAROLEDONAHOEA.I.C.P. --- ---
121443
DOWNS COMMERCIAL FUELING INC
121444
MARGARET ANN DRAKE
121445-121446
E V. M. W. D.
121447
EAGLE ROAD SERVICE & TIRE
121448-121449 EXCEL LANDSCAPE, INC.
121450 FEDERAL EXPRESS CORPORATION
121451
ANGELICA GONZALEZ
121452
- LORENA HANCOCK
121453
LORENA HANCOCK
121454
I.C.M.A. RETIREMENT TRUST
121455
INNOVATIVE DOCUMENT SOLUTIONS
121456
_ LINNA KIM
121457
_
LAKE ELSINORE UNIFIED SCHOOL DISTRICT
121458-121460
LOWE'S HOME CENTERS INC.
121461-121462
MANPOWERTEMP
121463
_SERVICES
NTH GENERATION COMPUTING, INC.
121464
OMEGA PAVING, INC.
121465
GUSTAV0 POLETTI -
121466-121467
PRUDENTIAL OVERALL SUPPLY
121468
RIGHTWAY SITE SERVICES INC.
121469
RIVERSIDE COUNTY FIRE DEPT.
121470
RIVERSIDE COUNTY RECORDER -
121471
RIVERSIDE COUNTY SHERIFF COURT SERVI
121472 _.
RIVERSIDE COUNTY EXECUTIVE OFFICE
121473.
_ROBBINS PEST MANAGEMENT, INC
121474
ROW TRAFFIC SAFETY INC
121475
SAN DIEGO COUNTY CITY CLERKS
121476
SC ENGINEERING
121477
SHRM
1478-121480
SO CAL LAND MAINTENANCE, INC
---SOUTHERN
121481-121487
CALIFORNIA EDISON CO.
121488
STAPLES ADVANTAGE
121489
STK ARCHITECTURE, INC.
121490
_ SUN PAC CONTAINERS
121491
UNION BANK OF CALIFORNIA - -
121492
VARSITY GYMNASTICS LLC -
121493
VCS ENVIRONMENTAL
121494-121496
VE RIZONCALIFORNIA
121497 _
VISION TECHNOLOGY SOLUTION LLC
121498
WAXIE SANITARY SUPPLY
121499
WEST COAST SERVICES
3/16/2015 Warrant 03 12 15 City 2 OF 3
WARRAN r LIST
AMOUNI
652.50
MARCH 12, 2015 CITY OF LAKE ELSINORE`,
CliJlC # VENDOR NIAME
PAY DATE
03/03/15
CALIFORNIA P E R S.-
03/03/15
-CALIFORNIA P.E.R.S. _
03/12/15
PAYROLL CASH
03/12/15
PAYROLL TAXES
WA R KAN f' ;LIS'T'
AMOUN r
781.87
123,630.94
,.. 137 653.41
57.263.68
GRAND TOTAL $ 1,862,158.06
3/16/2015 Warrant 03 12 15 City 3 OF 3
City of Lake Elsinore 130 South Maio Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
Text File
File Number: ID# 14-497
Agenda Date: 3/24/2015 Version: 1 Status: Approval Final
In Control: City Council File Type: Report
Agenda Number: 3)
City of Lake Elsinore Page 1 Printed on 3/19/2015
CITY OF i/`c�
LADELSIIYORE
DREAM EXTRLMF.,.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: MARCH 24, 2015
SUBJECT: INVESTMENT REPORT— FEBRUARY 2015
Recommendation
Staff recommends that the City Council receive and file the Investment Report for
February 2015.
Discussion
The Investment Report is a listing of all funds invested for the City as of the date shown
on the report.
Prepared By: Nancy L. Lassey
Finance Administrator
Approved By: David Bilby
Finance Manager
Approved By: Grant M. Yates
City Manager
Attachments: Investment Report for February 2015
CITY OF
LAKE t(jLSINORX
DREAM EXTREME,
CITY OF LAKE ELSINORE
INVESTMENT REPORT
FEBRUARY 2015
Unrealized Gain/ (Loss) at 6-30-14 (LAIF) 3,406
Unrealized Gain/ (Loss) at 6-30-14 (CAMP General) (72,383)
Unrealized Gain/ (Loss) at 6-30-14 (CAMP Housing) (29,370)
Total Unrealized Gain/ (Loss) at 6-30-14 per GASB 31 (98,347)
Total Investments
Cashier Drawers #1 & #2
City of Lake Elsinore Petty Cash Fund
TOTAL POOLED CASH AND INVESTMENTS
50,583,054
3,406
(72,383)
(29,370)
(98,347)
50,583,054
$ 52,570,127 $ 20,198 $ (1,328,136) $ 51,262,189
300
1,000
$ 51,263,489
I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as
approved by the City Council on November 12, 2013. A copy of this policy is available in the office of the City Clerk. The
pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
Jason P. Simpson March 16, 2015
Director of Administrative Services Date
CITY OF LAKE ELSINORE
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF FEBRUARY 28, 2015
BANK DEPOSITS OUTSTANG
BOOK
ACTIVE ACCOUNTS
BALANCE IN TRANSIT
CHECKS
BALANCE
Bank of America - General
$ 1,921,396 $ 20,198 $
(1,326,739)
$ 614,854
Bank of America - Payroll
14,257 -
(1,398)
12,859
Bank of America - Flex Benefit
51,421 -
51,421
Total Active Accounts
1,987,073 20,198
(1,328,136)
679,135
INVESTMENTS
City Local Agency Investment Fund
16,418,042 -
-
16,418,042
City CAMP Investments:
CAMP Pool Account
88,527 -
-
88,527
U.S. Treasury Bond / Note
11,541,683 -
-
11,541,683
Municipal Bond / Note
125,000 -
-
125,000
Federal Agency Bond / Note
8,009,882 -
-
8,009,882
Corporate Note
8,497,538 -
-
8,497,538
Certificate of Deposit
1,025,000 -
-
1,025,000
Housing CAMP Investments:
-
Housing CAMP Pool Account
19,298 -
-
19,298
Housing U.S. Treasury Bond / Notes
1,918,847 -
-
1,918,847
Housing Federal Agency Bond / Notes
11484,774 -
-
1,484,774
Housing Corporate Notes
1,452,808 -
-
1,452,808
Housing Certificate of Deposit
100,000 -
-
100,000
Sub -total Investments
50,681,401 -
-
50,681,401
Unrealized Gain/ (Loss) at 6-30-14 (LAIF) 3,406
Unrealized Gain/ (Loss) at 6-30-14 (CAMP General) (72,383)
Unrealized Gain/ (Loss) at 6-30-14 (CAMP Housing) (29,370)
Total Unrealized Gain/ (Loss) at 6-30-14 per GASB 31 (98,347)
Total Investments
Cashier Drawers #1 & #2
City of Lake Elsinore Petty Cash Fund
TOTAL POOLED CASH AND INVESTMENTS
50,583,054
3,406
(72,383)
(29,370)
(98,347)
50,583,054
$ 52,570,127 $ 20,198 $ (1,328,136) $ 51,262,189
300
1,000
$ 51,263,489
I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as
approved by the City Council on November 12, 2013. A copy of this policy is available in the office of the City Clerk. The
pooled investments shown above provide sufficient cash flow liquidity to meet the next six months estimated expenditures.
Jason P. Simpson March 16, 2015
Director of Administrative Services Date
CITY OF LAKE ELSINORE
LOCAL AGENCY INVESTMENT FUND
TRANSACTION SUMMARY
FOR THE MONTH ENDING FEBRUARY 28, 2015
Interest Rate
Purchase Date
0266%
Daily
Beginning Balance
Net Increase/(Decrease)
$ 6,418,042
$ 10,000,000
Maturity Rate
24 -Hour
Ending Balance
16,418,042
CITY OF LAKE ELSINORE
POOLED CASH AND INVESTMENTS BY FUND
AS OF FEBRUARY 28, 2015
FUND NO
FUND NAME
100
General Fund
101
Supplemental Law Enforcement Fund
104
Traffic Offender Fund
106
Affordable Housing In Lieu Fund
107
Developer Agreement Revenue
110
State Gas Tax Fund
112
Transportation Fund
114
SB1186 CAS Program Fund
115
Traffic Safety Fund
116
City Hall -Public Works DIF Fund
117
Community Center DIF Fund
118
Lake Side Facility DIF Fund
120
Camino Del Norte DIF
135
Lighting & Landscape Maintenance Fund - Dist. No. 1
140
Geothermal Fund
150
C.D.B.G.Fund
155
CSA152 -- N.P.D.E.S.
160
PEG Grant Fund
201
Street C.I.P. Fund
204
Signal C.I.P. Fund
205
Traffic Impact Fee Fund
211
Storm Drain C.I.P. Fund
221
Quimby Park C.I.P. Fund
231
Library C.I.P. Fund
235
2011 Series A Bonds -Boat Launch Construction Fund
254
AD 89-1 Railroad Canyon Rd. Improvement Fund
332
CFD 2006-1 Improvement Area B, Summerly
342
CFD 2007-5 Red Kite Service Fund
344
CFD 2005-2 Alberhill Ranch Services Fund
345
CFD 2003-2S Improvement Area D, Canyon Hills
346
CFD 2014-1 Southshore Debt Service Fund
347
CFD 2006-1 Improvement Area A, Summerly
348
CFD 2003-2 Improvement Area C, Canyon Hills
349
CFD 88-3 (20138) Debt Service Fund
350
CFD 98-1 Summerhill Debt Service Fund
352
AD 86-1 Debt Service Fund
354
CFD 90-2 Successor RDA Debt Service Fund
356
AD 90-1A Debt Service Fund
357
CFD 2003-2 Canyon Hills Debt Service Fund
360
AD 93-1 Debt Service Fund
365
CFD 98-1 (2002) Debt Service Fund
366
CFD 2005-6 City Center Townhomes Debt Service Fund
367
CFD 2005-3 Summerly Debt Service Fund
1 of 2
mrima11111
11,309,857
56,316
75,114
2,180,474
1,042,241
1,220, 973
1,610, 079
3,350
135,112
893,187
377,423
715,249
36,272
271,670
19,517
(7,261)
(39,275)
70,774
96
5,061
3,227,486
3,516,908
361,759
1,607,084
2,271
126,253
52,256
302
53,911
192,914
61,618
44,663
62,787
1,455,634
295,148
628,242
838,452
36,032
219,566
17,932
109,211
52,633
76,233
CITY OF LAKE ELSINORE
POOLED CASH AND INVESTMENTS BY FUND
AS OF FEBRUARY 28, 2015
FUND NO
FUND NAME
AMOUNT
368
CFD 2006-2 Viscaya Debt Service Fund
130,937
369
CFD 2004-3 Area 1 Rosetta Canyon Debt Service Fund
101,795
371
CFD 2005-1 Serenity Debt Service Fund
133,191
372
CFD 2005-2 Alberhill Ranch Debt Service Fund
413,407
373
CFD 2005-5 Wasson Canyon Debt Service Fund
55,621
374
CFD 2005-4 Lakeview Villas Debt Service Fund
39,945
375
CFD 2006-4 Tract No. 30698 & 32129 Debt Service Fund
12,361
376
CFD 2006-3 La Strada Debt Service Fund
17,361
377
CFD 2006-6 Tessara Debt Service Fund
9,979
378
CFD 2006-8 Tract No. 31957 Debt Service Fund
41,791
382
CFD 2006-9 Trieste Debt Service Fund
31,345
384
CFD 2003-2 Area B Canyon Hills Debt Service Fund
278,450
385
CFD 2004-3 Area 2 Rosetta Canyon Debt Service Fund
382,298
386
CFD 2007-4 Mekenna Debt Service Fund
3,923
387
CFD 2007-5 Red Kite Debt Service Fund
49,108
388
CFD 2007-6 Holiday Inn Debt Service Fund
3,775
389
CFD 88-3 (2008A) West Lake Elsinore Debt Service Fund
160,515
390
CFD 2003-2 Area C Canyon Hills Debt Service Fund
745
392
CFD 95-1 City Center Debt Service Fund
70,894
393
AD 93-1 Debt Service Fund
284,022
394
CFD 2005-5 (2012A) Wasson Canyon Debt Service Fund
139,833
604
Endowment Trust Fund
10,927
605
Public Improvement Trust Fund
859,677
606
Mobile Source Air Polution Reduction Fund
233,556
608
Trust Deposit & Pre Paid Expense Fund
1,360,801
617
Successor Agency Housing Fund
10,458,071
620
Cost Recovery System Fund
1,371,389
631
Lake Destratification Equipment Replacement Fund
127,048
650
CFD 2003-1 Law & Fire Service Fund
562,224
651
CFD 2006-5 Park & Open Space Service Fund
35,737
652
CFD 2007-1 Law & Fire Service Fund
94,862
653
CFD 2009-1 Parks & Lighting Service Fund
83,408
654
CFD 2003-2S Fire Service Fund
588,971
Total Pooled Cash & Investments
$ 51,163,489
`Amounts due from other entities or sources and expected to arrive within this fiscal year.
2of2
TYPES OF SECURITIES
U.S. Treasury Bills
U.S. Treasury Bond / Notes
CITY OF LAKE ELSINORE
SUMMARY OF POLICY LIMITATIONS
FOR THE MONTH ENDING FEBRUARY 28, 2015
Current Balance
Federal Agency Bond / Notes
Current Balance
Municipal Bond / Notes
Banker's Acceptances
Certificates of Deposit
Current Balance
Current Balance
Negotiable Certificates of Deposits
Commercial Paper
Medium Term Corporate Notes
Current Balance
Repurchase Agreements
Reverse Repurchase Agreements
LAIF (Local Agency Investment Fund)
Current Balance
CAMP -Pooled Sweep Account
Current Balance
TOTAL
DIVERSIFICATION
PERCENTAGE
0.00%
MAXIMUM
PERCENTAGE
UNLIMITED
26.56%
UNLIMITED
$
13,460,531
18.73%
UNLIMITED
$
9,494,657
0.25%
UNLIMITED
50,681,401
$
125,000
0.00%
40.00%
2.22%
25.00%
$
1,125,000
0.00%
30.00%
0.00%
15.00%
19.63%
30.00%
$
9,950,347
0.00%
UNLIMITED
0.00%
20.00%
32.39%
UNLIMITED
$
16,418,042
0.21%
UNLIMITED
$
107,825
50,681,401
100.00%
$
Note:
Local agencies are only eligible to purchase medium term corporate notes that have a rating
of "A" or better by both Moody's Investors Service, Inc., and Standard and Poor's Corporation (S & P)
If a security falls below "A" by both rating agencies, then PFM Asset Management LLC
will evaluate the need to sell the security prior to maturity. The CAMP Portfolio Summary
and Statistics shows the credit quality held by the City's investments.
*No more than 40% in any one federal agency. See CAMP Portfolio Statement for listing of agencies
*Totals include the Housing CAMP Portfolio.
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Agenda Date: 3/24/2015
In Control: City Council
Agenda Number: 4)
City of Lake Elsinore
Text File
File Number: ID# 14-498
Version: 1
130 South Main Street
Lake Elsinore, CA 92530
ea w lake-elsinore.org
Status: Approval Final
File Type: Report
City Of Lake Elsinore Page 1 Printed on 3119/2015
LAKE�=LS11`t0RE
-,'ter—
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: MARCH 24, 2015
SUBJECT: RESOLUTION REGARDING COUNTY SERVICE AREA 152 AND
SETTING THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR
2015-2016 FOR THE CITY OF LAKE ELSINORE TO FUND THE CITY'S
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT COMPLIANCE ACTIVITIES
Recommendations
1. Adopt Resolution No. 2015-.
County Service Area 152.
Background
setting the benefit assessment unit rate for
The NPDES program originates from the Federal Clean Water Acts and the 1969 State
of California Porter -Cologne Water Quality Control Act. The State Water Resources
Control Board establishes the regulations that govern activities to improve water quality
statewide. The governance takes the form of Permits for stormwater discharge; the
Permits mandate activities, which if not performed place the Permittee at risk for
substantial penalties. The City together with other local agencies is covered by the
Permit referred to as the National Pollutant Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit.
To fund the costs of the mandated activities, the County of Riverside established County
Service Area ("CSA") 152. In 1994, the County of Riverside annexed the City of Lake
Elsinore into CSA 152. Enabling the City to impose a charge on individual parcels within
City limits that contain a structure. Each parcel is assigned a certain number of "benefit
assessment units" or "BAU." For instance, a single family home is assigned one BALI,
commercial property is assigned 12 BAUs per acre.
AGENDA ITEM NO. _
Resolution — County Service Area 152 — Approval of Fiscal Year 2015-2016 Levy
March 24, 2015
Page 2
At the time of annexation, the City established the rate at $13.88 per BAU. Subsequently,
the rate has fluctuated from a low of $6.24 per BAU to the current rate of $8.24 per BAU.
The current charge is $8.24 per BAU. This has been adequate for several years to meet
the fiscal program demands of the City. However, due to increasing requirements of the
MS4 Permit and rising costs of mandated activities staff is proposing an adjustment in
the rate.
Discussion
With neither the State nor Federal governments providing funding for the activities
mandated by the NPDES Permit, the requirements appear to constitute an unfunded
mandate and as such would merit State funding, however, due to language in the Permit,
the City is required to seek and secure funding:
II.B.10. This Order does not constitute an unfunded mandate subject to subvention
under Article XIII.B, Section (6) of the California Constitution for several reasons
including the following:
c. The Permittees have the authority to levy service charges, fees, or
assessments to pay for compliance with this Order.
To ensure compliance with the NPDES MS4 Permit the City must perform the required
activities.
The Fiscal Year 2015-2016 NPDES program budget is estimate at $436,711. These funds
are used to cover mandated activities that include: staff administrative costs, electronic
program database, GIS mapping and program tracking, maintenance of storm drains,
catch basins, purchase and maintenance of equipment, inter -agency program cost
shares, in lake water quality monitoring, and inspection of residential, commercial,
industrial and construction sites in the City.
Current CSA revenues are insufficient to cover the increasing cost of required activities.
Activities which grow in scope every year. For the current Fiscal Year, 15,383 properties
in the City of Lake Elsinore are listed for CSA 152 assessment and would generate
$221,951 at the existing rate. The projected operating deficit of $214,760 will be covered
using a balance of unused CSA 152 monies (approximately $300,000) from prior years.
If not for the unused fund balance, the General Fund would bear the entire program
budget deficit of $214,760.
With the depletion of the CSA 152 unused fund balance, Staff is recommending the City
Council approve an adjustment in the BAU rate from $8.24 to $13.88 in Fiscal Year 2015-
2016. This will start the process of bringing the BAU into line with actual program
compliance costs, while reducing the program reliance on the General Fund.
Resolution — County Service Area 152 — Approval of Fiscal Year 2015-2016 Levy
March 24, 2015
Page 3
Fiscal Impact
No negative fiscal impact. The BAU rate increase to $13.88 will generate an additional
$137,206 in program revenue for FY 15-16.
Prepared by: Jason Simpson
Director of Administrative Services
Approved by: Grant Yates
City Manager
Attachments: Resolution No. 2015-
RESOLUTION NO. 2015 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, MAINTAINING COUNTY SERVICE AREA
152 AND AUTHORIZING THE BENEFIT ASSESSMENT UNIT RATE
FOR FISCAL YEAR 2015-2016 FOR THE CITY OF LAKE ELSINORE
TO FUND THE CITY'S NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM
WHEREAS, the County of Riverside established a Community Service Area,
(CSA) 152, for the purpose of collecting parcel charges for National Pollutant
Discharge Elimination System ("NPDES") services within its boundaries; and
WHEREAS, the County of Riverside annexed the City of Lake Elsinore into
CSA 152 in 1994, thereby providing the City a funding source for its NPDES program
activities; and
WHEREAS, the City has determined that the proposed CSA 152 parcel charge
is a benefit assessment; and
WHEREAS, the existing parcel charge is $8.24 per Benefit Assessment Unit;
and
WHEREAS, the City desires to adjust the 2015-2016 parcel charge rate to
$13.88 per Benefit Assessment Unit to continue to fund the activities mandated by the
Environmental Protection Agency and State Water Resources Control Board through
the NPDES Permits; and
WHEREAS, Section 5(a) of Article XIIID of the California Constitution states
that existing assessments on the effective date of Article XIIID imposed exclusively to
finance the capital costs or maintenance and operation expenses flood control and
drainage systems are exempt from the provisions of Article XIIID; and
WHEREAS, Section 5(a) of Article XIIID of the California Constitution also
states that future increases to an exempt assessment are subject to the provisions of
Article XIIID; and
WHEREAS, the proposed changes to the annual assessment do not exceed
the maximum assessment established in 1994 and does not constitute an increase in
assessment for purposes of Article XIIID.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. That the City of Lake Elsinore continue participation in CSA
152.
City Council Resolution No. 2015 -
Page 2 of 3
SECTION 3. That the City of Lake Elsinore requests that the County of
Riverside levy for 2015-2016 a parcel charge in the amount of $13.88 per Benefit
Assessment Unit.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 24th day of March 2015.
STEVE MANOS, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIRGINIA BLOOM
CITY CLERK
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
City Council Resolution No. 2015-_
Page 3 of 3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015- was adopted by the City Council of
the City of Lake Elsinore, California, at a regular meeting held on the 241h day of
March 2015, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIRGINIA BLOOM
CITY CLERK
i fFl�f �`\Itt.
Agenda Date: 3/24/2015
In Control: City Council
Agenda Number: 5)
City of Lake Elsinore
Text File
File Number: ID# 14-499
Version: 1
130 South Main Street
Lake Elsinore, CA 92530
w lake-elsinore.org
Status: Approval Final
File Type: Report
City o/ Lake Elsinore Page 1 Printed on 311912015
CITY OF
LAIJE OLSIROKE
c� I�Ei[:An� I:XTrcer�E;n
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES, CITY MANAGER
DATE: MARCH 24, 2015
SUBJECT: MURRIETA CREEK REGIONAL TRAIL AND LOGO UPDATE
RECOMMENDATION
Receive and file the Murrieta Creek Regional Trail and Logo Update.
BACKGROUND
The Murrieta Creek Regional Trail Conceptual Alignment was approved by Resolution
2014-22 on May 13, 2014. Since that approval, representatives from Lake Elsinore,
Murrieta, Temecula, Wildomar and the Santa Margarita Group of the San Gorgonio
Chapter of the Sierra Club have continued to meet monthly and work towards
connectivity implementation throughout these communities.
The group facilitated a logo design contest which included local college graphic design
departments. Attachment A includes the design logo submission requirements. The
committee received 22 design submittals. Lana Cook, a student from California State
University, San Marcos, was selected as the logo that best meet the requirements and
captured the connectivity of the trail. On February 12, 2015 at the Temecula Library on
Pauba Road, the trail committee awarded Ms. Cook an award letter with her logo design
on the letter hear (Attachment B) and a $500 check from the Sierra Club.
The trail committee's next action(s) will focus on the National Trails Day event on June
6, 2015, where all four entities will be holding special events in their communities.
FISCAL IMPACT
No fiscal impact in support the Murrieta Creek logo design and selection.
MURRIETA CREEK REGIONAL TRAIL AND LOGO UPDATE
MARCH 24, 2015
Page 2
Prepared by: Johnathan O. Skinner
Director of Community Services
Approved by: Grant Yates
City Manager
Attachments: Attachment A — Logo Submission Requirements
Attachment B — Lana Cook Award Letter with Logo
Attachment C — Photos of Lana Cook receiving Award Check
ATTACHMENT A
RIV #4822-2109-1865 V1
Murrieta Creek Regional Trail
CALL FOR SUBMISSIONS: Logo Design Concepts
About
The Murrieta Creek winds its way south alongside the cities of Lake Elsinore, W ildomar, Murrieta and
Temecula until it merges with the Temecula Creek and carries on to the sea. For decades, locals have
dreamed of having a trail alongside the creels, which would also serve as a spine to connect to many
other regional trails. Until recently, though, the obstacles to establishing connectivity along the 16 mile
route have been too great.
bi a new effort to create the trail, the fou' cities have joined forces with the Sierra Club, through a pro-
cess facilitated by the National Parks Service, and are now working with Riverside County Flood Con-
trol, County Parks, the Army Corp of Engineers and other agencies to make the dream a reality. Plans
have been drawn, approvals sought and won, and after more than two years of dedicated work the pro-
ject is on course for an interim trail linking the four cities along the river's edge to be in place next
year.
On National Trails Day, June 6, 2015, the four cities will each host a ribbon cutting event which will
promote the new trail and the linkages to follow. An important component of this event will be the un-
veiling of the logo that will appear on all trail signage and maps.
The project team would like to draw on local student talent to design this logo, which should reflect the
theme of "connections" - as above. Submissions will be due Jan 7th, 2015, by SPM, and the winners
and runners up announced early February.
The artist with the winning submission will receive $500 prize money, an award letter, and the oppor-
tunity to enhance their portfolio with their logo adorning the Murrieta Creek Trail signage and accom-
panying materials.
More delails on the project can be seen here:
http://murrieta.org/services/cs/trailsZdefault.asp#.VDL36L6BM20. Click oil "NhlrrielaCreek Regional
Trails Proiecl. "A snap can he found on page 18 and 19.
Purpose / Use / Audience
Design concepts are requested for:
Murrieta Creek Trail Logo: The logo will be utilized as the main "branding" icon for the Murrieta
Creek "hail. Potential applications of the logo include trail markers, print maps, brochures, web/social
media sites, exhibits and displays, way -finding signs, roadway directional signs, etc.
Requirements
Murrieta Creek Regional Trail Page 1 of 2
The trail logo should be:
• Suitable for full color (CMYK) printing
• Legible, easy to read/decipher
• Effective without color (in black and white)
• Scalable, so as to work well at a variety of sizes
In addition, top entries will be memorable, easily identifiable, and capture the spirit of the Murrieta
Creek Trail and surrounding community.
Digital photos, scans, and any other raster images should be rendered at 300-40ODPI at final output
size.
Submissions are not to use any copyrighted images or trademarked material.
Deliverables
Entry Submissions: Full color PDT,,, or .IPGs on one single -sided page. Must feature the logo design
only (can include tag lines, color palette, typeface selections, etc.)
Winning Submission: The winning entrant will provide the project team with final graphics for the
logo in its original file format (e.g. Al or PSD), including all layers and any linked images. Not to ex-
ceed 5 MB in size.
Timeline
The project team will review submissions and a winner will be selected by early February, 2015. All
applicants will be notified that their submissions have been received, and of the results of the contest.
How to Submit
A brief cover tetter explaining the applicant's concept, as well as contact information such as name,
email address, and contact phone number should accompany the submission. Submissions to be sent to
MurrietaCreeldogocontest@gmail.com.
Murrieta Creek Regional Trail Page 2 of 2
ATTACHMENT B
RIV #4822-2109-1865 V1
Murrieta Creek Regional Trail
The river connects the cities
The trail connects the communities
People connect with nature
Lana Cook, your submission has been chosen as the winner of the Murrieta Creek Regional
Trail logo competition. A team of reviewers representing the Cities of Temecula, Murrieta,
Wildomar and Lake Elsinore felt that your work best represented the iconic features along the
trail, which link the four cities.
The logo will be used on maps, signage and communication about the new trail. As a graphic
design student, it should be a valuable addition to your portfolio.
The 16 -mile -long Murrieta Creek Regional Trail is the product of three years of close
coordination and planning between the four cities, the National Park Service and the Sierra Club
to produce this recreational asset. This new trail will link the four cities, and provide significant
opportunities for regional trail connections.
We congratulate you on your achievement and wish you well in your future design pursuits!
ATTACHMENT C
Murrieta Creek Regional Trai:
Agenda Date: 3/24/2015
In Control: City Council
Agenda Number: 6)
City of Lake Elsinore
Text File
File Number: ID# 14-500
Version: 1
130 South Main Street
Lake Elsinore, CA 92530
w lake-elsinore.org
Status: Approval Final
File Type: Report
City of Lake Elsinore Page 1 Printed on 3/19/2015
CITY OF ^
LASE 0 LS I I`IO1ZE
FK'l�REME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: MARCH 24, 2015
SUBJECT: TUSCANY HILLS PARK EMERGENCY FIELD LIGHTING REPAIRS
Recommendations
Approve an exception to bid for emergency field lighting repairs at Tuscany
Hills Park and award the Agreement for Contractor Services to West Coast
Lighting & Energy in the amount of $75,544, plus contingency of $4,456, for a
total construction budget of $80,000.
Appropriate a Public Works maintenance budget increase of $80,000 in the
General Fund out of reserves.
City Council approve the Agreement for Contractor Services in substantially the
form attached and authorize the City Manager to execute the Agreement for
Contractor Services in such final form as approved by the City Attorney.
Background
During routine field light maintenance City staff discovered several exposed and damaged
wires throughout the underground conduit and electrical junction boxes located at
Tuscany Hills Park. After an initial evaluation it was determined that damaged wiring
throughout the underground conduit led to the failure of the electrical system for the park's
field lighting; a situation that poses a potential hazard to the City's residents if left
unattended. In an effort to prevent such hazards the electrical system for the park's field
lights has been shut down.
Tuscany Hills Park was opened by the City of Lake Elsinore in the early part of the 1990's.
Tuscany Hills Park is utilized by many of the City's residents; it is home to two lighted
softball fields, and one smaller tee -ball field. In addition, the City of Lake Elsinore and
Lake Elsinore Unified School District, have a joint use agreement allowing the students
of Tuscany Hills Elementary School to utilize the fields for school functions and activities.
The softball fields at Tuscany Hills Park are home to one of Lake Elsinore's oldest
organized youth sports leagues, Lake Elsinore Girls Softball (LEGS). The Lake Elsinore
Tuscany Hills Park Emergency Field Light Repairs
March 24, 2015
Page 2
Girls Softball organization has over 200 participants that are adversely being affected by
the unexpected failure of the electrical system. The inoperable system does not allow for
any night time field use, which directly affects youth group participation. To the best of
City staff's knowledge, the damaged wiring within the park is the original wiring that was
first installed during the park's initial construction.
Discussion
The exposed and damaged wires have the potential to release 480 volts of electricity into
the surrounding ground areas. City Staff recommends that a complete rewiring of the
electrical system for the park's field lighting should be performed to render the system
operational and remove any potential electrical hazards to the City's residents. In order
to achieve this goal, the existing wiring must be removed, large electrical junction boxes
will need to be installed, and new wiring will need to be pulled and re -circuited to the
existing lighting features at the park.
The City of Lake Elsinore Municipal Code Section 2.20.020 defines a "Local emergency"
as "the duly proclaimed existence of conditions of disaster or of extreme peril to the safety
of persons and property within the territorial limits of a county, city and county, or city
caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought,
sudden and severe energy shortage". Pursuant to Municipal Code Section 3.08.070.C,
an exception to bid is requested in order to expedite the emergency repairs at Tuscany
Hills Park. City staff solicited bids from two electricians that are familiar with City parks:
Contractor Bid Amount
West Coast Lighting and Energy Inc. $75,543
Performance Electric Non - Responsive
West Coast Lighting and Energy Inc. was selected to perform the emergency repairs.
Fiscal Impact
Staff is recommending an $80,000 appropriation of General Fund reserves to increase
the Public Works maintenance budget.
Prepared by: Rick De Santiago
Public Works Superintendent
Approved by: Vince Damasse
Director of Public Works
Approved by: Grant M. Yates
City Manager
Attachments: Tuscany Hills Park Emergency Field Light Repair - Agreement for
Contractor Services
AGREEMENT FOR CONTRACTOR SERVICES
West Coast Lighting & Energy
Emergency Electrical Services
Tuscany Hills Park
This Agreement for Contractor Services (the "Agreement') is made and entered into as of
March 24, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and
West Coast Light and Energy Inc. ("Contractor"),
RECITALS
A. The City has determined that it requires the following services: Repair of field lights
at Tuscany Hills Park,
B. Contractor has submitted to City a proposal, dated March 16, 2015, attached
hereto as Exhibit A ("Contractor's Proposal') and incorporated herein, to provide services and
related work to the City pursuant to the terms of this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to perform the services and related work described in this Agreement on the terms
and conditions described herein.
D. City desires to retain Contractor to perform the services and related work as
provided herein and Contractor desires to provide such services and related work as set forth in
this Agreement.
AGREEMENT
1. Scope of Services. Contractor shall perform the services and related work
described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related
work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject
to the direction of the City through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services and related work to be performed by
Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and
diligently the services and related work contemplated pursuant to this Agreement consistent with
Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary
tools, expendable equipment, and all taxes, utility and transportation services required to perform
such the services and related work.
b. Performance Schedule. Contractor shall commence the services and
related work pursuant to this Agreement upon receipt of a written notice to proceed and shall
perform all services and related work within the time period(s) established in the Contractor's
Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified
may be approved in writing by the City Manager.
Tuscany Hills - Contractor Services Agreement 2015 Page 1
C. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Contractor's Proposal (Exhibit A).
Contractor hereby agrees and acknowledges that any and all work or
services performed pursuant to this Agreement shall be based upon the issuance of a project task
order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific
amount of work or services as all work or services shall be authorized through task order issued
by the City.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Contractor's compensation exceed SEVENTY
FIVE THOUSAND FIVE HUNDRED FORTY FOUR dollars ($75,544) without additional written
authorization from the City. Notwithstanding any provision of Contractor's Proposal to the
contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an
inflator or administrative charge. 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 of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor'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 Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
6. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Contractor, 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 Contractor for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Contractor or to any other party. Contractor shall, at Contractor'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
Page 2
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Contractor, its officers, officials, agents, employees and volunteers from any claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City's use of such materials in a manner beyond
the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, 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 Contractor
under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that
Contractor has the legal right to license any and all Documents & Data. Contractor makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Contractor or provided to Contractor 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. Confidentiality. 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 Contractor in connection with the performance
of this Agreement shall be held confidential by Contractor. Such materials shall not, without the
prior written consent of City, be used by Contractor 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 Contractor which is otherwise known to Contractor or is generally known, or has
become known, to the related industry shall be deemed confidential. Contractor shall not use
City's name or insignia, photographs relating to project for which Contractor's services are
rendered, or any publicity pertaining to the Contractor'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.
Contractor's Books and Records.
a. Contractor 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 Contractor to
this Agreement.
b. Contractor 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
Page 3
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 Contractor'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 Contractor'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 Contractor, Contractor's
representatives, or Contractor's successor -in -interest.
8. Independent Contractor. It is understood that Contractor, 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.
9. PERS Eligibility Indemnification. In the event that Contractor or any employee,
agent, or subcontractor of Contractor providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Contractor and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
10. Interests of Contractor. Contractor (including principals, associates and
management 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 Contractor's services
hereunder. Contractor further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Contractor is not a designated employee within the meaning of the Political Reform Act
because Contractor:
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
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
Page 4
11. Ability of Contractor. City has relied upon the training and ability of Contractor to
perform the services hereunder as a material inducement to enter into this Agreement. Contractor
shall therefore provide properly skilled personnel to perform all services under this Agreement.
All work performed by Contractor under this Agreement shall be in accordance with applicable
legal requirements and shall meet the standard of quality ordinarily to be expected of competent
contractors in Contractor's field of expertise.
12. Compliance with Laws. Contractor 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. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor to practice its profession. Contractor represents and warrants to City that Contractor
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
Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business
license.
14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Contractor from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Contractor
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
the following insurance policies.
i. Workers' Compensation Coverage. Contractor 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, Contractor
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
Page 5
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
Contractor for City. In the event that Contractor is exempt from Worker's Compensation
Insurance and Employer's Liability Insurance for his/her employees in accordance with
the laws of the State of California, Contractor shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Contractor 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, 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. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor 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.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may
be attached limiting the coverage.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
I. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Contractor, 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.
Iii. 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 of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
Page 6
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 written
notice has been received by the City.
C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor 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 Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16, Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: West Coast Lighting & Energy
Attn: Jim Raeburn
18550 Minthorn Street
Lake Elsinore, CA 92530
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Contractor. 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 Contractor and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and competence
of Contractor and the subcontractors listed in Exhibit B. Contractor shall be fully responsible to
City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
Page 7
obligations of the Contractor under this Agreement will be permitted only with the express consent
of the City. Contractor shall not subcontract any portion of the work to be performed under this
Agreement except as provided in Exhibit B without the written authorization of the City. If City
consents to such subcontract, Contractor 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
or to see to the payment of any monies due to any such subcontractor other than as otherwise is
required by law.
20. Waiver. Waiver 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. 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. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
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. Contractor 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. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change, (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
27, Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
Page 8
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
28. Equal Opportunity Employment. Contractor 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.
29. Prevailing Wages. Contractor is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ('Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Contractor agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Contractor shall bear
all risks of payment or non-payment of prevailing wages under California law, and Contractor
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any faiiure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
30. 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.
[Signatures on next page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
"CONTRACTOR"
"CITY" WEST COAST LIGHTING & ENERGY
CITY OF LAKE ELSINORE, a municipal
corporation
By:
Its:
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A — Contractor's Proposal
Exhibit B — List of Subcontractors
Page 10
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
EXHIBIT A
EXHIBIT 'A'
TO: City of Lake Elsinore
ATTN: Stew Rutledge
ADDRESS:
Job Tuscany Hills sports Itg.
Fax # 951-471-6134
WestlCoast Lighting and Energy, lnc.Use Only:
Researched: i7
By: Jim Raeburn
Date Submitted: March 16, 2015
Submitted By: Jim Raeburn
Origin of Call
Emergency Call.
Corporate Office: 0
Contact: ❑
Qty
Parts/Materials/Equipment
Unit Price
Total
14000
#6 THHN cu
$0.49
$6,860.00
1500
#10 THHN cu ground
$0.20
$300.00
8
17 x 30 concrete hand hole with concrete cover
$120.95
$967.60
10
1-1/4 slip coupling PVC
$0.75
$7.50
30
1-1/4 PVC
$0.56
$16.80
60
Polaris direct burial splice 4-6
$43.48
$2,608.80
60
inline fuse holder
$24.70
$1,482.00
60
type CC fuses 5 amp
$11.70
$702.00
2000
mule tape
$0.27
$540.00
1
misc hardware
$250.00
$250.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
1
bond requirement
$2,200.00
$2,200.00
1
engineering fee for plans
$3,250.00
$3,250.00
Hours
Rate *a
360
Journeyman (3)
$89.50
$32,220.00
360
japprentice. (3)
1 $64.00
$23,040.00
$0.00
$0.00
Summary:
` Note if Overtime Material $19,184.70
Labor $55,260.00
Tax $1.098.80
Total: $75,543.50
This is a Prevailing Wage project estimated for a 3 week duration. Total of 3 Journeyman and 3 apprentice
remove existing conductors accept for the outfield pole at field 2, could not prove conduit. repull home runs if
possible, could not prove conduits. Remove and replace 8 of the 11
hand holes with a larger 17 x 30 with concrete
lid. Ring out all conductors from the base of the pole to the top of the pole for recircuiting. Terminate
using a direct
burial splice for all, Each circuit will have no more than 4 heads per circuitre wire the existing control
to split
Approved By:
field 1 and field 2. lift equipment by City Of Elsinore
Date Approved:
NONE
LIST OF SUBCONTRACTORS
[ATTACHED]
EXHIBIT B
City of Lake Elsinore 1308oi,th Main Street
Lake Elsinore., CA 92530
w .lake-osinore.org
Text File
File Number: ID# 14-501
Agenda Date: 3/24/2015 Version: 1 Status: Approval Final
In Control: City Council File Type: Report
Agenda Number: 7)
City of Lake Elsinore Page 1 Printed on 3/19/2015
CITY OF i/`�.
LAKE LSIT OU-
DREAM EXTREMF-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: MARCH 24, 2015
SUBJECT: AGREEMENT FOR ARCHITECTURAL AND ENGINEERING
SERVICES FOR PHASE II OF ROSETTA CANYON PARK
IMPROVEMENTS FROM STK ARCHITECTURE, INC.
Recommendation
Authorize the City Manager to negotiate and approve agreement by and between
the STK Architecture, Inc. and the City of Lake Elsinore in an amount not to exceed
$250,000 for architecture and engineering services related to schematic design
phase, design development phase, and construction document phase for Rosetta
Canyon Park phase 2 improvements and authorize the City Manager to execute
the agreement, subject to approve as to form by the City Attorney;
2. Authorize the City Manager to approve change orders up to 10% of the agreement
in the amount of $25,000.
Background and Executive Summary
On May 23, 2006, the City Council approved an agreement for professional services with
STK Architecture, Inc. to provide architectural and construction management services for
the Rosetta Canyon Fire Station and design of the park improvements. On February 13,
2007, the City Council endorsed the conceptual plans. Subsequently, STK submitted
formally for Design Review approval, and on May 1, 2007, the Planning Commission
unanimously recommended that the City Council approve the design review. On May 8,
2007, the City Council approved the plans.
Fiscal Impact
Due to funding constraints, the project has been phased. Phase I included the 3 -bay,
8,657 square foot fire station, two (2) basketball courts, three (3) tennis courts, picnic
areas with tables, a 1,400 square foot restroom building, tot lot, parking lot, and the
Agreement for A/E Services from STK Architecture, Inc.
March 24, 2015
Page 2
installation of irrigation and grass on Parcel C, the future park site. Phase II will include
five lighted softball and little league ball fields, football field, concession/rest room facility,
the supplemental parking lot along the west side of the park, and other improvements
(additional picnic areas, walking paths, etc.). Phase III will include the Community Center
and could commence in several years, upon the accumulation of estimated $3 million to
fund the cost.
The architecture and engineering service costs are estimated at $585,894, however, city
staff are currently modifying the scope and believe the fees will be lower than estimated.
Nevertheless, the $275,000 provides the resources for the architect to work while we
further evaluate the civil engineering component, which STK have agreed to do.
Staff will return to seek additional authorization for architecture and engineering services
needed to fast track the process when construction documents are ready to be released
for bid, which is expected to occur this summer.
Prepared by: Jason Simpson
Director of Administrative Services
Approved by: Grant Yates
City Manager
Attachments:
Attachment 1: Agreement
A/E Proposal for Services — STK Architecture, Inc.
AGREEMENT FOR PROFESSIONAL SERVICES
STK ARCHITECTURE, INC
ROSETTA CANYON PARK PHASE 2 DESIGN SERVICES
This Agreement for Professional Services (the "Agreement") is made and entered into as
of March 24, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and
STK ARCHITECTURE, INC., a CORPORATION ("Consultant")
RECITALS
A. The City has determined that it requires the following professional services:
Complete plans and specifications as described in more detail in the scope of project proposal
attached as Exhibit A.
B. Consultant has submitted to City a proposal, dated March 11, 2015, attached
hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional
services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City
through its staff that it may provide from time to time.
Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant's Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
STK PSA Rosetta Park Design Page 1
C. Term.
The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant's Proposal (Exhibit A).
Consultant hereby agrees and acknowledges that any and all work or
services performed pursuant to this Agreement shall be based upon the issuance of a project task
order by the City. Consultant acknowledges that it is not guaranteed any minimum or specific
amount of work or services as all work or services shall be authorized through task order issued
by the City.
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant's compensation exceed Two
Hundred Fifty thousand dollars ($250,000) without additional written authorization from the City.
Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
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 of Payment. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor'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 Contractor no later
than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
6. 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,
Page 2
plans, studies, documents and other writings to City upon written request. City acknowledges
that any use of such materials in a manner beyond the intended purpose as set forth herein shall
be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless
Consultant, its officers, officials, agents, employees and volunteers from any claims, demands,
actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and
expenses in connection therein), arising out of the City's use of such materials in a manner beyond
the intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, 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. Confidentiality. 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 are
rendered, or any publicity pertaining to the Consultant's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
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 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
Page 3
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.
8. 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.
9. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits.
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 affected in any manner or degree 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 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
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
Page 4
11. 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. Consultant shall maintain a City of Lake Elsinore business
license.
14. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
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
Page 5
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. In the event that Consultant is exempt from Worker's Compensation
Insurance and Employer's Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than two million dollars ($2,000,000) 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, 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. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. 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 one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant's
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant's services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than two million dollars ($2,000,000) on a
claims -made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured 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.
Page 6
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.
iii. 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 of
liability of the insuring company.
V. 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 written
notice has been received by the City.
C. Deductibles and Self -Insured 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 Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: STK ARCHITECTURE, INC.
Attn: G.V. Salts
42095 Zevo Drive, Suite A15
Temecula, CA 92590
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Consultant. All prior written and oral
Page 7
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 form 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 B. 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 subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B 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 or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
20. Waiver. Waiver 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, 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. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
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. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
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. 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 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.
29. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
30. 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.
[Signatures on next page]
Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A — Consultant's Proposal
Exhibit B — List of Subcontractors
"CONSULTANT"
STK ARCHITECTURE, INC., a Corporation
By:
Its:
Page 10
EXHIBIT A
CONSULTANT'S PROPOSAL
[ATTACHED]
EXHIBIT A
March 11, 2015
Jason P. Simpson
Director of Admin. Services
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
RE', A/E PROPOSAL FOR SERVICES
ROSETTA CANYON PARK — PHASE 2
LAKE ELSINORE, CA
APN 347-120-050 AND -053
Dear Mc Simpson:
STK Architecture, Inc is pleased to submit our Proposal for Services on the above -referenced
project.
1.0 Scone of Project
1.1 The addition to the Parl< includes
A. 5 Softball Diamonds (200' Home Run)
B. Concessions/Restroom with full commercial Kitchen
C. Football Field
D. Community Garden
E. Splash Pad
F, 45 Space Parking Lot
G. 240 Space Parking Lot
H. 2 Gazebos
1.2 The Fee includes complete plans and specifications as approved by the City of Lake
Elsinore.
Service during the Construction Administration phase shall be in conformance to AIA
Form 13101 (Standard Form of Agreement between Owner & Architect).
��".CHII GCi URL1NlI MON WlJ ] '
r,
Jason P. Simpson
March 11, 2015
Page 2 of 4
1.3 Consultants provided with this scope to include Geotechnical Engineering
(preliminary soils report and construction material/compaction testing), Landscape
Architecture, Civil, Survey, Structural, Mechanical, Electrical Engineering,
1.4 Our scope of work for the site plan is to develop a design incorporating the access
ingress and egress, parking, trash enclosure, CMU retaining and grade walls, etc.
1.5 Offsite coordination services (utility coordination for service and coordination of any
other S.C.E. or AT&T conditions for approval), are included in the fee amount.
1.6 For construction observation, it is anticipated that the Architect will conduct 36 site
visits (based on a nine month construction schedule, with weekly site visits), plus a
punch list and final review meeting. The mechanical/electrical and structural
engineer- will each conduct a total of two site visits. If more site visits are required,
these will be "Extra Services" at $500/per site visit
1.7 Anticipated design meetings (6 meetings) between the Architect and the City are
included.
1.8 STK's COnSfIUCtIOn Administration services will include the following:
A. Weekly site visits and meetings to document the construction STK will prepare
all meeting minutes and distribute to City Project Manager, document the
status of RFIs, Change Orders, Construction Schedule, etc.
B. Shop drawing review/approval.
C. Pay application review/approval.
D. Change order review/approval.
E. Review contractor daily reports.
F. Coordinate STK's consultants.
G. Coordinate with City Departments and City Project Manager.
H As-builts will be provided on disc in ACRD.
1.9 Engineering Resources will provide a WQMP and SWPPP plan/detail manual and
N.O.I (Notice of Intent) to the State.
1.10 Additional services will he billed on an hourly basis per the attached hourly rate
schedules.
1.11 STK will provide a One -Year Job Wall< Review, meeting minutes and coordination
with the City and Contractor.
1.12 The Preliminary Project Schedule is based on the following:
A. Design Phase -- March 2015 -June 2015
Jason P. Simpson
March 11, 2015
Page 3 of 4
B. Bid and Award Phase —Aug. 2015-Sept.2015
C Notice of Construction Award — Oct. 2015
D. Begin Construction — Oct. 2015
E. Complete Construction — June 2016
F. Occupancy — July 2016
2.0 Professional Service Fee
2.1 The estimated construction cost of the Park is $5.8 Million, STK proposes a used
fixed fee of $585,894 (10%)-
Architect/Struct./M/P/E
Inland Found. — (Geotech Eng & Material Testing)
E.R. -- (Survey & Civil Eng) "
Alhambra — (Landscape Architect)
Total Fee
'See enclosed proposals (Inland,E.R. and Alhambra).
2.2 The proposed Fee Schedule breakdown would be as follows:
Schematic Design Phase
Design Development Phase
Construction Document Phase
Bidding/Negotiation Phase
Construction Administration Phase
$2_77,800
$57,900
$229,246
X20,948
$585,894 (10%)
15%
$87,884
15%
$87,884
50%
$292,947
5%
$29,295
15%
L87,884
$585,894
2.3 The Fee will be invoiced monthly, based on the percentage of work completed, plus
any reimbursable expenses. For budget purposes, miscellaneous reimbursable
expenses will be approximately $12,000.
2.4 All invoices are payable upon presentation and fully due within 30 days of invoice
date. Unpaid invoices, over 30 days past invoice date, bear interest at the rate of
1.5% per month, or 18% per year.
2.5 Relmbursable expenses shall include, but not be limited to, all mailing, printing, and
photocopying. These costs will be fully itemized and shall be reimbursed in
accordance with this Proposal. Travel expenses outside of the Southern California
Region (if any) will also be reimbursable at the above rates.
Jason P. Simpson
March 11, 2015
Page 4 of 4
2.6 Insurance:
STK maintains general Errors and Omissions Professional Liability Insurance in the
amount of $2,000,000 per occurrence, with an annual aggregate limit of $2,000,000.
If you have any questions regarding this Proposal, or wish to discuss specifics in detail, please
do not hesitate to call me.
Sincerely, _
G . Salts
Architect/Owner
gvs/ss
Fnciosures
Inland Foundation Eng, — Proposal
- Engineering Resources — Proposal
- Alhambra Group — Proposal
T & B Engineering — Proposal
T -Squared Prof. Eng. — Proposal
STK I sourly Billing Rates
Concept Cost Estimate
Concept Site and Floor Plans
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
EXHIBIT B
Agenda Date: 3/24/2015
In Control: City Council
Agenda Number: 8)
City of Lake Elsinore
Text File
File Number: ID# 14-502
Version: 1
130 South Main Street
Lake Elsinore, CA 92530
w lake-elsinore.org
Status: Approval Final
File Type: Report
City of Lake Elsinore Page 1 Printed on 3/1912015
CITY OF i/`cam
LADE C LSIf10RE
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: MARCH 24, 2015
SUBJECT: Agreement and Escrow Instructions for Purchase and Sale of Real
Property: APN 370-120-045
Recommendation
It is recommended that the City Council approve the Agreement and Escrow Instructions
for Purchase and Sale of Real Property in substantially the form attached, authorize the
Mayor to execute the Agreement in such final form as approved by the City Attorney, and
direct the City Manager to execute the Certificate of Acceptance.
Background
In February 2014, the City Council directed staff to begin negotiations to acquire an
unimproved 2.68 acre parcel (APN 370-120-045) located at Corydon Street and Palomar
Road adjacent to Serenity Park. Serenity Park is a neighborhood park located at 19685
Palomar Road. This park features basketball courts, a tennis court, open turf field,
children's playground and picnic tables. The City's CIP Budget includes construction of
the Skate Zone at Serenity Park. Two basic features lacking at the park are restrooms
and on-site parking. The proposed acquisition of the 2.68 acre parcel would provide for
the expansion of Serenity Park to include these features and increased recreational
opportunities which may include a bicycle skills park.
Based on that direction and in accordance with applicable law, City staff presented a
written offer to acquire the Serenity Park Expansion Site and has engaged in good faith
negotiations with the property owners for the past twelve months. Although the property
owners expressed an interest in selling the Serenity Park Expansion Site, the parties
were unable to agree on the purchase price and terms of the proposed acquisition. On
March 10, 2015 the City Council adopted a Resolution of Necessity authorizing the City
Attorney to commence condemnation proceedings.
Agreement and Escrow Instructions for Purchase and Sale of Property
March 24, 2015
Page 2
Discussion
Following the City Council's adoption of the Resolution of Necessity, the City Manager
engaged in further negotiations with the property owner. These negotiations resulted in
agreement as to the price and terms of payment for the City's acquisition of the property.
Attached is an Agreement and Escrow Instructions for Purchase and Sale of Property
which provides for the purchase of the property by the City for $220,000. Escrow fees
will be paid equally by the City and the Seller and other costs shall be paid as is
customary in real estate transactions in Riverside County. Acquisition of the property will
provide a public benefit by providing recreational opportunities envisioned by the
proposed expansion of Serenity Park,
Fiscal Impact
The Serenity Park Expansion Project is budgeted in the City's CIP and funds are
available for Property acquisition and completion of the expansion project from CFD
2005-1. The potential for a bicycle skills park will require participation by the County of
Riverside. By purchasing the property pursuant to the proposed Agreement and Escrow
Instructions for Purchase and Sale of Property, the City will avoid litigation expenses and
delay involved in prosecuting an eminent domain action.
Prepared by: Barbara Leibold, City Attorney
Approved by: Grant Yates, City Manager
Attachments:
• Vicinity Map
• Agreement and Escrow Instructions
OWNER: The Richard Irwin Kane 2006 Trust
APN: 370-120-045
ESCROW/TITLE NO.: First American Title Insurance Company
AGREEMENT AND ESCROW INSTRUCTIONS FOR
PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE AND SALE OF
REAL PROPERTY ((his "Agreement"), dated for identification purposes only as of March 24, 2015, is
made by and between the CITY OF LAKE ELSINORE, a California municipal corporation (`Buyer").
on the one hand, and THE RICHARD IRWIN KANE 2006 TRUST ("Setter"). on the other hand. This
Agreement is for acquisition by the Buyer of certain real property hereinafter set forth in Attachment No.
I to Exhibit "A" and is made on the basis of the following facts, intentions and understandings.
RECITALS
A. Seller is the present owner of that certain unimproved real property located at 32395
Corydon Street in the City of Lake Elsinore, California, generally described as Assessor's Parcel No. 370-
120-045 and more particularly described in Attachment No. 1 to Exhibit "A" (the "Property").
B. Seller desires to convey fee simple absolute title in the Property to Buyer in accordance
with the terms and conditions of this Agreement, and Buyer desires to acquire the Property in accordance
with this Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, receipt of which is acknowledged,
the parties agree as follows:
ARTICLE I
PURCHASE AND SALE; PURCHASE PRICE; PUBLIC PURPOSE
1.1 Purchase and Sale. Buyer agrees to purchase the Property from Seller and Seller agrees
to sell the Property to Buyer, on and subject to the conditions,. covenants and terms contained in this
Agreement.
1.2 Purchase Price. The purchase price shall be Two Hundred Twenty Thousand Dollars
($220,000) (the "Purchase Price").
1.3 Public Purpose. Buyer desires to purchase the Property for a public purpose.
ARTICLE II
ESCROW
2.1 Open Escrow. Within five (5) days after the execution of this Agreement by both
parties, Seller and Buyer shall open escrow ("Escrow") with First American Title Insurance Company
(the "Escrow/Title Company') located at 43620 Ridge Park Drive, Suite 200, "Temecula, CA 92590,
Attention: Debra Fritz,
PuTellase & Sale Agmt Kane -Ryan 032415
2.2 Close of Escrow. The "Close of Escrow" shall mean the time and day the Grant Deed is
filed for record with the Riverside County Recorder, which shall be on or before forty-five (45) days after
the opening of Escrow ("Closing Date"). The Close of Escrow shall be in accordance with Article IV of
this Agreement.
2.3 Escrow Instructions. This Agreement shall constitute joint primary escrow instructions
to the Escrow/Title Company; provided, however, that the parties shall execute such additional
instructions as requested by the Escrow/Title Company not inconsistent with the provisions hereof. In the
event of any inconsistency between such escrow instructions and this Agreement, this Agreement shall
control the rights and obligations of the parties.
ARTICLE III
CONDITIONS PRECEDENT
The purchase and sale under this Agreement shall be subject to the satisfaction of the conditions
precedent set forth in this Article III (unless waived in writing by the party to whom the benefit of such
condition runs) on or before the Closing Date or such earlier date as is specified in this Agreement, each
of which conditions shall be a covenant of the party required to perform such condition.
3.1 Conditions to Buyer's Obligations and Due Diligence Period.
A. Delivery of Title and Title Insurance. Seller shall convey title to the Property to
Buyer at the Close of Escrow, subject only to Permitted Exceptions. The term "Permitted Exceptions"
shall mean: (i) liens for real property taxes shown as exceptions in the Title Report provided that the taxes
are not delinquent; (ii) the standard exclusions to coverage under Escrowffitle Company's ALTA
Extended Coverage Owner's Policy of Title Insurance ("Title Policy"): and (iii) any other lien,
encumbrance, title exception or defect that appears in the Title Report which Buyer has approved or
which is caused by Buyer prior to the Close of Escrow. Notwithstanding the foregoing, in no event shall
the following be considered Permitted Exceptions: deeds of trust or mortgages; judgments; mechanics'
and materialmen's liens: tax fief or liens, encumbrances or other title matters created by Seller after the
date of this Agreement without the prior written consent of Buyer. Buyer agrees that Seller's obligation
to convey title to Buyer shall be deemed satisfied upon Escrow/Title Company's willingness to issue the
Title Policy subject only to the Permitted Exceptions.
B. Delivery of Title Report Delivery of Natural I lazard Zone Disclosure Report.
(i) Within five (5) days following the opening of Escrow and at Seller's
expense, Escrow/Title Company shall deliver to Buyer a preliminary title report for the Property ("Title
Report") together with copies of any exceptions referred to in Schedule B of the Title Report.
(ii) Within five (5) days following the opening of Escrow and at Seller's
expense, Escrow/Title Company shall deliver to Buyer a Natural Hazard Zone Disclosure Report,
including environmental ("NI Z Report").
C. Due Diligence Period. Buyer shall have seventeen (17) days after the delivery of
the Title Report and the NJ Z Report (the "Due Diligence Period") to (i) review the exceptions, legal
descriptions and other matters contained in the Title Report and (ii) conduct or review such surveys,
investigations, studies and inspections and make or review such geologic, environmental and soils tests
and other studies of the Property which Buyer deems necessary and appropriate in its sole and absolute
discretion, including any "Phase I" and/or `Phase 2" investigations of the Property and such soils,
geological, toxic waste, hazardous substance, and/or any other kind of soil or water contamination tests
Purchase & Sale Agml Kanc-Ryan 032415
and analyses. Seller shall deliver to Buyer during the Due Diligence Period any other documents relating
to the Property to the extent they are requested by Buyer and reasonably available to Seller. Buyer shall
promptly provide to Seller a copy of all reports and test results. 11' the Buyer reasonably determines
within the Due Diligence Period that the condition of title or the condition of the Property is not
satisfactory for any reason, Buyer may elect to terminate this Agreement by promptly notifying the Seller
and Escrow/Title Company in writing of its decision to terminate.
D. Access to Property. Seller hereby grants to Buyer and any of Buyer's consultants
a right of entry to the Property at reasonable times for the purpose of conducting soils and geological
investigation and tests for toxic or hazardous substances and other contamination. Buyer may perform
such tests either before or after the opening of Escrow as part of an environmental site assessment or in
accordance with the Comprehensive, Environmental Response, Compensation and Liability Act (42 USC
9061 el seq.). With respect to such entry and investigation, Buyer shall be responsible for all costs and
expenses associated with the inspection and such other cost as may be related thereto.
E. Representations and Warranties. Each of the representations and warranties by
Seller contained in Section 7.1 was true and correct in all material respects as of the date made and
continues to be true and correct in all material respects as of the Close of Escrow.
I''. Delivery of Close of Escrow Documents. Execution, delivery and
acknowledgement as appropriate by Seller of the Close of Escrow documents set forth in Section 4.1
and other necessary Close of Escrow documents as may be reasonably requested by Buyer or
Escrow/Title Company.
G. No Material Change. No material change in the status of the use, title,
occupancy or physical condition of the Property, unless caused by Buyer or its agents, shall have occurred
with respect to the Property prior to Close of Escrow that has not been approved in writing by Buyer,
which approval can be withheld in Buyer's sole discretion. Additionally, Seller shall (i) maintain its
existing insurance policies in full force and effect; (ii) provide prompt written notice to Buyer of any
casualty or condemnation affecting any portion of the Property after the date of this Agreement; (iii)
deliver to Buyer, promptly after receipt by Seller, copies of all notices of violation issued by any
governmental authority with respect to the Property received by Seller after the date of this Agreement;
(iv) advise Buyer promptly of any litigation, arbitration or other judicial or administrative proceeding
which concerns or affects the Property; and (v) comply in material respects with the requirements of all
contracts, licenses, permits, approvals, guaranties and warranties.
H. Seller Performance. Seller shall have performed each and every undertaking,
covenant and agreement required to be performed by Seller under this Agreement prior to or at the Close
Of Escrow.
3.2 Conditions to Seller's Obligations.
A. Delivery of Purchase Price. Buyer shall have deposited the Purchase Price and
Buyer's share of costs described in Section 4.2 A. (ii) below with Escrow/Title Company.
B. Representations and Warranties. Each of the representations and warranties by
Buyer contained in Section 8.2 below shall be determined to have been true and correct in all material
respects as of the date made and shall continue to be true and correct in all material respects as of the
Close of Escrow.
I'urchase & Sale AgmI Kane -Ryan 03241.5 3
C. Delivery of Close of Escrow Documents. Execution, delivery and
acknowledgement as appropriate by Buyer of the Close of Escrow documents set forth in Section 4.1 B(ii)
and other necessary Close of Escrow documents as may be reasonably requested by Buyer or Buyer shall
not have deposited the Purchase Price and Buyer's share of casts described in Section 4.3(b) above with
Escrow/Title Company.
D. Buyer Performance. Buyer shall have performed each and every undertaking,
covenant and agreement required to be performed by Buyer under this Agreement prior to or at the Close
of Escrow.
3.3 Failure of Conditions. The failure of Seller or Buyer to satisfy any of the conditions
precedent contained in this Article 111 within the times specified in this Agreement shall constitute a
default hereunder and unless such conditions are waived or the time for satisfaction extended by the party
to whose benefit the conditions run, the party to whose benefit the conditions run shalt have the right to
terminate this Agreement by delivering written notice to the other party and Escrow/Title Company.
ARTICLE IV
CLOSE OF ESCROW
4.1 Close of Escrow. The purchase and sale of the Property shall be consummated on or
prior to the Closing Date in accordance with the following:
A. Time. When Escrow/Title Company is in a position to issue the Title Policy and
all required documents and funds have been deposited with Escrow/Title Company, and Buyer and Seller
have advised the Escrow/Title Company in writing that the Conditions of Close of Escrow set forth herein
have been satisfied or waived, Escrow/Title Company shall immediately close Escrow as provided below.
B. Close of Escrow Documents.
(i) Seller. No later than the day prior to the Closing Date, Seller shall duly
execute and acknowledge as appropriate and deliver to Escrow/Title Company the following:
(a) A grant deed ("Deed") conveying the Property to Buyer in the
form attached to this Agreement as Exhibit C;
(b) A Non -foreign Entity Affidavit ("Affidavit"), in the form
attached to this Agreement as Exhibit D, pursuant to Section 10.2; and
(c) Such documents and instruments as Escrow/Title Company may
reasonably require to evidence the due authorization and execution of the documents and instruments to
be delivered by Seller under this Agreement and to issue the Title Policy.
The obligations of Seller to deliver documents and instruments into Escrow in accordance with
this Section 4.IB(i) are separate, independent covenants of Seller and shall not be conditioned upon
Buyer's deliveries in accordance with Section 4.1 B(ii).
(ii) Buyer. No later than the day prior to the Closing Date, Buyer shall duly
execute and acknowledge as appropriate and deliver to the Escrow/Title Company the following:
(a) The amount of the Purchase Price, along with Buyer's share of
any costs and expenses to be paid to or through Escrow/Title Company, less the Deposit;
Purohase & Sale Agml Kane -Ryan 032415 4
(b) A Change of Ownership Statement, as required by Escrow/Title
Company or Escrow/Title Company;
(c) Such documents and instruments as Escrow/Title Company may
reasonably require to evidence the due authorization and execution of the documents and instruments to
be delivered by Buyer under this Agreement and to issue the Title Policy.
The obligations of Buyer to deliver funds, documents and instruments into Escrow under this
Section 4.IB(ii) shall be separate, independent covenants of Buyer and shall not be conditioned upon
Seller's deliveries in accordance with Section 4.1B(i).
C. Close of Escrow Procedure. At such time as the Escrow/"Title Company has
received all of the items specified in Section 4.1 B, and at such time as Escrow/Title Company is prepared
to issue the Title Policy in accordance with Section 3.IB, Buyer and Seller hereby authorize and instruct
Escrow/Title Company to: (i) cause Escrow/Title Company to record the Deed, and issue the Title Policy
to Buyer; (ii) pay any applicable recordation fees and transfer taxes; (iii) compute pro -rations relating to
the Property for the accounts of Seller and Buyer; (vi) pay to Seller an amount equal to the Purchase
Price, less any pro -rations chargeable to Seller and any amounts payable by Seller to Escrow/Title
Company f'or its services and expenditures in connection with this Agreement (iv) pay to Buyer the
balance of the funds then held by Escrow/Title Company, less any pro -rations chargeable to Buyer and
any amounts payable by Buyer to Escrow/Title Company for its services and expenditures in connection
with this Agreement; and (vii) deliver to Buyer and Seller a conformed copy of the Deed showing the
recording information.
4.2 Fees; Expenses; Prorations.
A. Fees, Expenses, Transfer Taxes.
(i) Seller. Seller shall pay or satisfy, as applicable: (a) all documentary
transfer taxes imposed in connection with the recording of the Deed; (b) one-half ('/z) of the Escrow fees;
(c) the cost of the Title Policy for Buyer as is reasonable and customary in the amount of the Purchase
Price; (d) the cost of the NHZ Report, and (e) any other customary fees and charges and expenditures
authorized by Seller, including all costs (if any) associated with the conveyance to and/or from the Trust
and the individual TrnStOr(S).
(ii) Buyer. Buyer shall pay: (a) one-half ('/) of the Escrow fees; (b) the cost
of recording the Deed and all other documents recorded at the Close .of Escrow; and (c) any other
customary fees and charges and expenditures authorized by Buyer. Buyer shall have the right to procure
all ALTA Extended Coverage Owner's Policy of Title Insurance ("ALTA Policy") and Buyer shall pay
for the increased cost of such ALTA Policy above the cost of the Title Policy, the cost of any survey that
the Escrow/Title Company requires for issuance of an ALTA Policy and for the cost of any other increase
in the annount or Scope of title insurance if Buyer elects to increase the amount or scope of title insurance
coverage or to obtain endorsements to the fide Policy or ALTA Policy. All other costs, if any, shall be
apportioned between Buyer and Seller in the customary manner for real estate transactions in the County
of Riverside, State of California.
B. Real Property Taxes and Assessments. All real property taxes and assessments
lar the fiscal years of the taxing and assessing authorities in which the Close of Escrow occurs shall be
prorated on the basis of a three hundred sixty-five (365) day year at the Close of Escrow with appropriate
debits and credits to the accounts of Buyer and Seller so that Seller shall be responsible for paying all of
the same, to the extent duly allocable to the period ending on the day immediately prior to the Closing
Purchase & Sale Agmr Kane -Ryan 032415
Date and Buyer shall be responsible for paying all of the same (if any shall be due), to the extent duly
allocable to the period commencing upon the Closing Date.
C. Commissions. Buyer and Seller represent and warrant to each other that no
person or entity may claim or is entitled to a real estate commission, finder's fees or any similar payments
with respect to this Agreement or the sale of the Property. Buyer and Seller shall each protect, defend,
indemnify and hold the other harmless from and against all such claims for real estate commissions,
finder's fees or any similar payments with respect to the sale of the Property in accordance with this
Agreement.
ARTICLE V
BREACH
5.1 General. If either party breaches its obligations under this Agreement prior to the Close
of Escrow, then the other party may, without terminating this Agreement, suspend performance by giving
written notice to the other party until such breach is cured by the other party. Except for Seller's and
Buyer's respective delivery obligations under Article IV, including, without limitation, Buyer's delivery
to the Escrow/Title Company of the Purchase Price, neither party shall be in default under this Agreement
unless it fails to cure a breach of such party's obligations under this Agreement within twenty-four (24)
hours after receipt of written notice of such breach from the non -breaching party. Nothing contained in
this Agreement is intended nor shall permit any party in default to terminate this Agreement or the
Escrow provided for in this Agreement as a result of such default.
5.2 Termination. If either party breaches any of its obligations under this Agreement prior
to the Close of Escrow and fails to cure such breach within twenty-four (24) hours after receipt of written
notice from the other party, then the non -defaulting party may terminate this Agreement by written notice
to the defaulting party and to the Escrow/Title Company. Termination of this Agreement shall be without
prejudice as to whatever legal rights the party may have against the other arising out of this Agreement.
If neither party has fully complied with the provisions of Escrow and notice has not been delivered
pursuant to Section 5.1, then Escrow/Title Company shall proceed with the Close of Escrow as soon as
possible.
ARTICLE VI
CONDITION OF PROPERTY
6.1 "As Is" Condition. The Property is purchased and sold in "AS IS" condition. Buyer,
as specified in Section 11C, has or shall have inspected and conducted tests, inspections, investigations
and studies of the Property as Buyer, in Buyer's discretion, deems necessary. Buyer is fully aware of
earthquake faults on the Property and represents that it is acting and will act only upon information
obtained by it from its own inspection and investigation of the Property and upon the express
representations of Seller contained in this Agreement with the acknowledgement that Seller acquired the
Property as a result of a foreclosure and has little knowledge of other conditions.
ARTICLE VII
REPRESENTATIONS AND WARRANTIES
7.1 Seller's Representations
this Agreement and as an inducement to
covenants, representations and warranties
(and the continued truth and accuracy
obligations hereunder):
and Warranties. hi consideration of Buyer's entering into
Buyer to purchase the Property, Seller makes the following
each of which is material and is being relied upon by Buyer
of which shall constitute a condition precedent to Buyer's
A. Authority. Seller has the full power and authority to sell the Property, and this
Agreement has been duly and validly authorized, executed and delivered by Seller and no other
authorization or third party consent is requisite to the valid and binding execution, delivery and
performance of this Agreement by Seller.
B. Encumbrances. Seller is the owner of the fee interest in the Property free and
clear of all liens, encumbrances and other matters other than those set forth in the Title Policy and the
Property is not subject to any outstanding contract of sale, right of first refusal or purchase option, in
favor of any person or entity, except Buyer. Seller will not sell, lease, sublease, assign, mortgage or
otherwise encumber the Property without Buyer's prior written approval, which may be withheld in
Buyer's sole discretion.
C. Representations. All representations and warranties of Seller set forth in this
Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were
made on and as of such time.
D. Legal Power. The individuals executing this Agreement and the instruments
referenced herein on behalf of Seller have the legal power, right and actual authority to bind Seller to the
terms and conditions hereof and thereof.
E. No Breach. There are no contracts or agreements relating to the leasing,
operation and maintenance of the Property which will be effective as to the Property following the Close
of Escrow. There are no agreements, rights or agreements under which any third person or party has any
right or option to purchase the Property. This Agreement and all documents required hereby to be
executed by Seller are and shall be valid, legally binding obligations of and enforceable against Seller in
accordance with their terms, subject only to the applicable bankruptcy. insolvency, reorganization,
moratorium laws or similar laws or equitable principles effecting or limiting the rights of contrasting
parties generally. To Seller's knowledge, neither the execution and delivery of this Agreement and the
documents referenced herein, nor the incurrence of the obligations set forth herein, nor the consummation
of the transactions herein contemplated, nor compliance with the terms of this Agreement and the
documents reference herein, result in the breach of any terms, conditions or provisions of, or constitute a
default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage,
deed of trust, loan, partnership agreement, lease, or other agreements or instruments to which Seller is a
party Or effecting the Property.
F. Litigation. There are no suits, claims, foreclosure proceedings, property tax
protests, zoning or other administrative proceedings that are pending or, to the best of Seller's knowledge,
threatened with respect to or in any manner affecting the Property.
G. Condemnation; Eminent Domain. Except for the Resolution of Necessity
adopted by the City Council of the City of Lake Elsinore on March 10, 2015, Seller has neither received
any written notice from any governmental authority other than Buyer, nor has any knowledge of any
action regarding eminent domain proceedings for the condemnation of all or any portion of the Property.
To Seller's knowledge, Seller has not received any written notices of violations, including, without
limitation, any environmental law violations, that still exist from any municipal or governmental bodies
regarding the Property.
H. Due Diligence. Seller has delivered to Buyer complete legible copies of all the
material documents pursuant to Section 3.1 C. concerning the Property in Seller's possession or under its
control.
Purchase & Sale Agml Kane -Ryan 032415 7
I. Environmental Laws. To Seller's knowledge, Seller has not received written
notice from any governmental authority that the Property or the use or operation thereof are in violation
of any Environmental Laws, and to Seller's knowledge, no such written notice has been issued and, to
Seller's knowledge, no violation of any Environmental Laws has occurred. To Seller's knowledge, no
part of the Property has ever been used by any person or entity to refine, produce, use, store, handle,
transfer, process, transport or dispose of any Hazardous Substances.
7.2 Buyer's Representations, Warranties and Covenants. In consideration of Seller
entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes
the following representations, warranties and covenants, each of which is material and is being relied
Upon by Seller (the continued truth and accuracy of which shall constitute a condition precedent to
Seller's obligations hereunder):
A. Authority. Buyer has the full power and authority to buy the Property, and this
Agreement has been duty and validly authorized, executed and delivered by Buyer and no other
authorization or third party consent is requisite to the valid and binding execution, delivery and
performance of this Agreement by Buyer.
B. Representations. All representations and warranties of Buyer set forth in this
Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were
made on and as of such time.
ARTICLE VIII
CONDEMNATION, DAMAGE AND DESTRUCTION
8.1 Condemnation. If, between the date of this Agreement and the Closing Date,
condemnation or eminent domain proceedings affecting any portions of the Property are initiated or are
threatened to be initiated by any entity other than Buyer, then, Buyer shall have the right to either: (i)
affirm this Agreement, which shall remain in full force and effect without any diminution of the Purchase
Price and Seller shall assign to Buyer upon the Closing Date all of Seller's rights to any condemnation
awards by depositing an assignment of said award with the Escrow/Title Company; or (ii) subject to and
conditioned on Buyer's compliance with the remaining provisions of this Section 8.1, terminate this
Agreement and neither party shall have any further obligations or liabilities to each other, except that
Buyer's indemnity obligations under this Agreement shall survive any such termination. Buyer shall not
propose, institute, cooperate with or permit any condemnation of all or any part of the Property prior to
the Close of Escrow.
8.2 Damage and Destruction. If, between the date of this Agreement and the Closing Date.
any portion of the Property is materially damaged or destroyed, then Buyer shall have the option by
written notice to Seller to: (i) terminate this Agreement and Buyer shall have no obligation to purchase
the Property and Seller shall have no obligation to sell the Property to or (ii) affirm this Agreement, which
shall remain in full force and effect without delaying the Close of Escrow and without diminution of the
Purchase Price.
ARTICLE IX
MISCELLANEOUS
9.1 No Foreign Investors. Seller warrants and represents to Buyer that Seller is not a
foreign individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms
are defined in the Internal Revenue Code and Income Tax Regulations). Seller shall execute and deliver
Pufchase & Sale Agml Kane -Ryan 032415 8
to Buyer at the Close of Escrow the Affidavit certifying the representations and warranties made pursuant
to this Section.
9.2 Attorneys' Fees. If any action, proceeding or arbitration is brought to interpret or
enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the other party,
in addition to all other damages, all costs and expenses of such action, proceeding or arbitration, including
but not limited to actual attorneys' fees (including the allocated costs of in-house counsel), witness fees'
and court costs. The phrase "prevailing party" as used in this Section shall mean the party who receives
substantially the relief desired whether by dismissal, summary judgment or otherwise. The terms of this
Section shall survive the Close of Escrow and shall not be merged with the Deed.
9.3 Notices. All notices and requests under this Agreement shall be in writing and shall be
sent by personal delivery, facsimile or e-mail (with hard copy to follow the next business day by
overnight mail), by nationally recognized overnight mail carrier such as FedEx or delivered in person to
the following street addresses:
SELLER: The Richard Irwin Kane 2006 Trust
PO Box 1768
Wilmington, CA 90748
Telephone:
Facsimile:
E -Mail: richard a,originalrichard.com
BUYER: City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
Attn: Grant Yates, City Manager
Telephone: (951) 674-3124 ext. 361
Facsimile: (951) 674-2392
E -Mail: barbaraacega.com.com
With a copy to: Leibold McClendon & Mann PC
23422 Mill Creek Drive, Suite 105
Laguna Hills, CA 92653
Attention: Barbara Leibold
Telephone: (949)457-6300 ext. 104
Facsimile: (949) 457-6305
E -Mail: barbaraa,cega.com.com
Escrow/Title Company: First American Title Insurance Company
43620 Ridge Park Drive, Suite 200
Temecula, CA 92590
Attention: Debra Fritz
Telephone: (951)296-2948
E -Mail: dfritz@61-stam.com
All notices shall be effective upon the earlier of personal delivery or receipt of a facsimile confirmation
statement, if sent by facsimile, or receipt ofconfirmation of delivery, if delivered by c -mail ora nationally
recognized overnight mail carrier. Either party may change its address or designate a new street address
for notices under this Agreement by notice complying with the terms of this Section.
Purehas'e & Sale Apni Kane -Ryan 032415
9.4 Cooperation. Buyer and Seller shall reasonably cooperate with the other in connection
with the requirements imposed by this Agreement and agree to cooperate with each other by executing
such other documents or taking such other action as may be reasonably necessary in accordance with the
intent of the parties as evidenced by this Agreement, provided such doerlmentS do not create any
additional liability or expense for such party not contemplated by this Agreement.
9.5 Survival. Buyer's and Seller's representations, warranties and obligations under this
Agreement shall survive the Close of Escrow and shall not be merged into or defeated by the execution,
delivery or recordation of the Deed given in connection with this Agreement,
9.6 Interpretation, This Agreement shall be construed and enforced in accordance with the
laws of the State of California as applicable to contracts entered into in California among parties doing
business therein. This Agreement contains the entire agreement between the parties respecting the
purchase and sale of the Property and supersedes all prior negotiations, discussions, understandings and
agreements, both oral and written, between the parties with respect to such matters. This Agreement shall
not be effective between the parties until the date this Agreement is executed and delivered into Escrow
by both Seller and Buyer. This Agreement may not be modified or amended in any way except by a
writing executed by both Buyer and Seller. The section headings of this Agreement are for convenience
only and are not to be construed as part of this Agreement and do not in any way amplify or define the
terms, conditions, and covenants of this Agreement and shall not be used in construction or interpretation
of this Agreement. There are no third -party beneficiaries to this Agreement. Unless the context
otherwise indicates, whenever used in this Agreement, the word "party" or "parties" means Buyer or
Seller or both, as the context may require. Time is of the essence in the performance of each term of this
Agreement.
9.7 Successors and Assigns. This Agreement shall be binding upon and inure to the benefits
of the successors and assigns of the parties to this Agreement. In no event shall Buyer have any right to
delay or postpone the Close of Escrow to create a partnership, corporation or other form of business
association or to obtain financing to acquire title to the Property or to coordinate with any other sale,
transfer, exchange or conveyance.
9.8 Severability. If any term or provision of this Agreement is determined to be invalid or
unenforceable, the remaining terms and provisions shall not be affected thereby and shall remain in full
force and effect to the maximum extent permitted by law.
9.9 Dates. Whenever any determination is to be made or action is to be taken on a date
specified in this Agreement, if such date shall fall on Saturday, Sunday or legal holiday under the laws of
the State of California, then in such event said date shall be extended to the next day which is not a
Saturday, Sunday or legal holiday.
9.10 Counterparts; Telefaesimile Execution. ']'his Agreement may be executed in
counterparts, all of which shall constitute the same Agreement, notwithstanding that all parties to this
Agreement are not signatory to the same or original counterpart.
9.11 No Assumption of Seller's Liabilities. Buyer is acquiring only the Property from Seller
and is not the successor of Seller. Except only for the obligations accruing after the Closing Date or
assumed in writing by Buyer, Buyer does not assume or agree to pay, or indemnify Seller or any person
or entity against any liability, obligation or expense of Seller or relating to the Property.
9.12 Limitation of Liability. No advisor, trustee, director, officer, partner, member,
employee, beneficiary, shareholder, participant or agent of or in Seller or Buyer shall have any personal
liability, directly or indirectly, under or in connection with this Agreement or any agreement made or
Purchase & Sale Aim Kane-RNnn 03241 S 10
entered into under or pursuant to the provisions of this Agreement, or any amendment or amendments to
any of the foregoing made at any time or times, heretofore or hereafter. The terms of this Section survive
the Close of Escrow or termination of this Agreement.
9.13 Indemnification; Limitation on Liability. Seller hereby agrees to indemnify, defend
and hold Buyer harmless from and against any claims, damages, demands, liabilities, losses, judgments,
expenses and attorneys' fees and/or costs resulting firom any material breach of this Agreement by Seller,
including, without limitation, the falsity of any representation or warranty made by Seller contained in
this Agreement. Neither Buyer nor Seller shall in any event be entitled to, and each hereby waives, any
right to seek consequential damages of any kind or nature from the other party arising out of or in
connection with this Agreement.
9.14 Tax and legal advice. Seller represents and warrants that the buyer has not provided tax
or legal advice to seller in connection with this agreement. Seller further represents and warrants that
they have been advised of their right to legal counsel and tax advice and have either obtained the advice
of independent legal counsel or a tax advisor with respect to the terms of this agreement and all
attachments hereto and other agreements required hereby, or have knowingly and voluntarily decided not
to consult with legal counsel or a tax advisor of his/her choosing.
9.15 Time of Essence. Time is expressly made of the essence with respect to the performance
by Buyer and Seller of each and every obligation and condition of this Agreement including, without
limitation, the Close of Escrow.
9.16 Exhibits Incorporated by Reference. All exhibits attached to this Agreement are
incorporated in this Agreement by this reference. This Agreement is executed in three (3) duplicate
originals, each of which is deemed to be an original. This Agreement includes eleven (11) pages, a
signature page (Page 12) and two (2) exhibits including Exhibit "A", Grant Deed, and Exhibit "B",
Seller's Certification of Non -Foreign Status.
[Signatures on next page]
PnfC11(15C S Sade Aonv Kano -Ryon 032415 I I
IN WITNESS WHEREOF, the Buyer and the Seller have signed this Agreement and Escrow
Instructions for Purchase and Sale of Real Property on the date set forth below.
APPROVED AS TO FORM:
LEIBOLD McCLENDON & MANN, P.C.
By:
Barbara Leibold, City Attorney
"SELLER"
THE RICHARD IRW IN KANE 2006 TRUST
Richard Kane, Trustor
. Trustor
"BUYER"
CITY OF LAKE ELSINORE
By:
Steve Manos, Mayor
ESCROW/TITLE COMPANY'S CONSENT: Escrow/Title Company hereby acknowledges receipt of
this Agreement and consents to the terms and conditions set forth herein.
"ESCROW/TITLE COMPANY"
m
Name:
Its:
Dated:
Purchase & Sale Agmt Kane -Ryan 032415 12
WHEN RECORDED MAIL AND
MAIL TAX STATEMENTS TO:
CITY OF LAKE ELSINORE
130 So. Main Street
Lake Elsinore, CA 92530
EXHIBIT "A"
GRANT DEED
GRANT DEED
"TRANSFER FAX %
'PO GOVI CODE SECTION 6103
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The
RICHARD IRWIN KANE 2006 TRUST ("Seller"), hereby GRANT(S) to the CITY OF
LAKE ELSINORE, a California municipal corporation, the real property referred to as APN
No. 370-120-045 and described as:
Dated:
Dated:
SEE ATTACHMENT NO. I TO EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
"SELLER"
THE RICHARD IRWIN KANE 2006 TRUST
Richard Kane, Trustor
Exhibit "A"
Trustor
ATTACHMENT NO. 1
TO
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California, County of Riverside, City of
LAKE ELSINORE, described as follows:
A PN : 370-120-045
THE SOUTHWESTERLY 280 FEET OF LOT 17, 1N BLOCK E AS PER MAP OF
RESUBDIVISION OF BLOCK D OF ELSINORE AS PER MAP RECORDED 1N BOOK 6,
PAGES 296 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY.
EXCEPT "THE WESTERLY 720 FEET OF SAID LAND.
ALSO EXCEPT THAT PORTION DEEDED TO THE CITY OF LAKE ELSINORE BY DEED
RECORDED JANUARY 14, 1977 AS INSTRUMENT NO. 7573, OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY EXTENSION OF THE SOUTHWESTERLY
LINE OF SAID LOT 17, AND THE CENTER LINE OF CORYDON ROAD;
THENCE NORTH 530 29' 17" WEST. A DISTANCE OF 50.00 FEET TO THE TRUE POINT
OF BEGINNING;
TIIF_,NCE ALONG THE SOUTHERLY LOT LINE NORTH 530 29' 17" WEST, A DISTANCE
OF 580.65 FEET, MORE OR LESS, TO THE WESTERLY LINE, OF THE ABOVE
REFERRED PORTION OF SAID LOT 17, THENCE ALONG THE WESTERLY LOT LINE
NORTH 360 37' 18" EAST, A DISTANCE OF 102.77 FEET;
THENCE CONCAVELY THROUGH A CURVE HAVING A RADIUS OF 967.00 FEET,
THROUGH AN ANGLE OF 40 56' 49' AND HAVING A LENGTH OF 83.77 FEET;
THENCE SOUTH 530 29' 17" EAST, A DISTANCE OF 57.73 FEET THENCE NORTH 760
58' 00" FEET, A DISTANCE OF 35.45 FEET; THENCE SOUTH 36° 34' 48" WEST, A
DISTANCE OF 89.97 FEET TO THE TRUE POINT OF BEGINNING.
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that dOCnment.
STATE OF CALIFORNIA
County of
On
before me,
Notary Public, personally appeared who proved to rme on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their siguature(s) On the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature of Notary
(Affix seal here)
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
County of
On , before me, a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are Subscribed to the
Within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature of Notary
(Affix seal here)
ATTACHMENT NO. 2
to
EXH1131T "A"
CERTIFICATE OF ACCEPTANCE
Government Code, Section 27281
THIS IS TO CERTIFY that the CITY OF LAKE ELSINORE, a California municipal
corporation, acting through the Lake Elsinore City Council, hereby accepts for public purposes
the real property, or interest therein, conveyed by Grant Deed executed by RICHARD KANE,
Trustor and _ _, Trustor and dated 2015 and consents to the
recordation thereof,
IN WITNESS WHEREOF, I have hereunto set my hands and affixed the City's official seal, this
day of
CITY OF LAKE ELSINORE,
a municipal corporation
Attachment 2 to Exhibit A
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
County of
On , before me, _ a
Notary Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their siguature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature of Notary
(Affix seal here)
EXHIBIT "B"
SELLER'S CERTIFICATION OF NON -FOREIGN STATUS
FIRST AMERICAN TRUST
To inform the CITY OF LAKE ELSINORE. a California municipal corporation
("Transferee") that withholding of tax under Section 1445 of the Internal Revenue Code of 1986,
as amended ("Code") will not be required upon the transfer of certain real property described as
Assessor's Parcel No. 370-120-045 located in the City of Lake Elsinore, California to the
Transferee by THE RICHARD IRWIN KANE 2006 TRUST (collectively, the "Transferor"),
the undersigned hereby certify the following:
1/we am/are not a nonresident alien for purposes of United States income taxation;
2. My/our United States taxpayer identifying number (Social Security Number) is
Richard Kane, Trustor Trustor
3. My/ow address is
Transferor understands that this Certification may be disclosed to the Internal Revenue
Service by the Transferee and that any false statement contained herein could be punished by
fine, imprisonment, or both.
Under penalty of perjury, I/we declare that I/we have examined this Certification and to
the best of my/our knowledge and belief it is true, correct, and complete, and we further declare
that I/we have authority to sign this document on behalf of the Transferor.
Dated:
"SELLER"
THE RICHARD IRWIN KANE 2006 TRUST
Richard Kane, Trustor
Exhibit "13"
Trustor
Agenda Date: 3/24/2015
In Control: City Council
Agenda Number: 9)
City of Lake Elsinore
Text File
File Number: ID# 14-494
Version: 1
130 South Main Street
Lake Elsinore, CA 92530
w .lake-elsinore.org
Status: Approval Final
File Type: Report
City of Lake Elsinore Page 1 Printed on 3/19/2915
C k "I'Y 0 r
571
1
LADE ... " LSINO E
1`1 rte DREAM Exli l.ml-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT YATES
CITY MANAGER
DATE: MARCH 25, 2015
SUBJECT: PUBLIC HEARING ON THE AB1600 ANNUAL REPORT FOR FISCAL
YEAR 2013-14
Recommendations
1. Conduct a public hearing and take testimony related to the AB1600 Annual
Report for Fiscal Year 2013-14 prepared in accordance with California
Government Code Section 66006.
2. Receive and file the AB1600 Annual Report for Fiscal Year 2013-14 and adopt
the Findings set forth hereinbelow.
Backaround
The City of Lake Elsinore collects development impact fees for Traffic Infrastructure, City
Hall and Public Works Facilities, Community Center Facilities, Lake Side Facilities,
Animal Shelter Facilities, Fire Facilities and Library Facilities.
The Mitigation Fee Act (AB 1600; Government Code Section 66000 et seq.) sets forth
the requirements the City must follow in connection with such development impact fees
which are imposed to defray the cost of construction of public facilities related to
development projects. In addition, AB 1600 imposes certain accounting and
comprehensive annual reporting requirements with respect to the fees collected.
For accounting purposes, the development impact fees must be segregated from the
general funds of the City and from other funds or accounts containing fees collected for
other improvements. Interest on each development fee fund or account must be credited
to that special revenue fund or account and used for the purposes for which the fees
were collected.
AB1600 Annual Report
March 25, 2015
Page 2
Government Code Section 66006 contains comprehensive annual reporting
requirements for development impact fees. This statute requires the City to make the
following information available to the public annually for each development impact fee:
• A brief description of the type of fee in the account.
• The amount of the fee.
• The beginning and ending balance of the account for the fiscal year.
• The amount of fees collected.
• The interest earned.
• Identification of each public improvement on which fees from the account were
expended, the amount of expenditures on each improvement and an identification
of the percentage of the cost of the improvement that is being funded with impact
fees.
• Identification of an approximate date by which construction of the public
improvement will commence if the local agency determines that sufficient funds
have been collected to complete financing on an incomplete public improvement
and the public improvement remains incomplete.
• Description of each inter -fund transfer or loan made from the account, including
the public improvement for which the transferred or loaned fees will be expended.
• Findings, pursuant to Government Code section 66001(d) with respect to portions
of the fee account that are unexpended in the fifth fiscal year following the initial
deposit in the account and every five years thereafter.
• The amount of any refunds made pursuant to statute.
Staff has compiled the attached AB 1600 Report for Fiscal Year 2013-14 in accordance
with the Fee Mitigation Act. The Report provides an annual accounting of the activity in
each of development impact fee special revenue fund for the fiscal year ended June 30,
2014 and a five year history. The Report also provides a plan for future uses of the
unexpended special revenue fund balances. The Report is available on the City's
website and copies were also sent to the Building Industry Association ('BIA") and others
for review as requested by them.
In addition to the development impact fees reported in the attached AB 1600 Report, the
City imposes the Western Riverside County Transportation Uniform Mitigation Fee
(TUMF) and the local development fee for the Multiple Species Habitat Conservation
Plan (MSHCP). These fees are a "pass through" to WRCOG and RCA, respectively,
through the City's participation in these specific regional programs. Evaluation and
accounting of these regionally -based fees are outside the scope of the City's AB 1600
Report.
Discussion
On June 11, 2002, City Council adopted Ordinance Number 1081, establishing its first
AB 1600 development fee for Traffic Infrastructure. Subsequently, the City Council
adopted and updated various other development impact fees applicable to new
development within the City. The purpose of development impact fees is to finance the
design, construction and acquisition of facilities and equipment necessary to
AB1600 Annual Report
March 25, 2015
Page 3
accommodate future development within the City. Through the General Plan and fee
studies, the City of Lake Elsinore has established the nexus between development, the
capital improvements necessary to mitigate the effects of development, and approved
fees to fund the mitigation measures. Impact fees are generally reviewed every five
years. City Council has approved an agreement with Wildan Financial Services to
prepare an update to the impact fee study and analysis for the City with anticipated
completion by April 2015.
Development impact fees that are collected are segregated and placed in special
revenue funds, which earn interest. Those funds are held for the facilities for which the
fees are collected, in accordance with Government Code Section 66006. As of June 30,
2014, the City had 7 separate and distinct fees that are collected pursuant to AB 1600.
Following is a summary listing of the fees, along with the balance for each fee account at
June 30.2014:
• Traffic Infrastructure Fee
$3,189,630
• City Hall and Public Works Facilities Fee
896,610
• Community Center Fee
337,680
• Lake Side Facilities Fee
709,826
• Animal Shelter Facilities Fee
(137,307)
• Fire Facilities Fee
138
• Library Facilities Fee
1.591,245
The AB 1600 Report includes a detailed expenditure and revenue report for each
development impact fee special revenue fund. The nature of the development impact
fee special revenue funds is such that timing of receipt of revenues and construction of
the related capital projects rarely coincide. As a practical matter, revenues are collected
over time and accumulated until a development related project is needed; in years of
construction, accumulated reserves will be used up. In certain instances, the City has
constructed projects in advance of collecting sufficient funds through borrowing from
other City funds, or by issuing long term external debt. This practice has resulted in
certain categories of the AB1600 funds to operate with a deficit balance.
In using the expenditure and revenue reports to determine whether the fees have been
spent within five years of collection, the total expenditures and transfers -out over the
five-year period must be added together, and then that total must be subtracted from the
earliest fund balance. In a number of instances, this calculation shows that not only
have fees collected five years ago been spent, but depending on the fund, fees collected
in ensuing years have also been spent.
Although AB1600 requires fees collected from developers be expended or committed
within five years, the law, allows exceptions in recognition that some project costs can be
of a magnitude that is takes more than five years to accrue adequate funds; or matching
funds may not be available within the five-year period. AB 1600 requires the City to
make the certain findings as to any unexpended development impact fee funds, whether
committed or uncommitted, remaining after the fifth fiscal year following the first deposit
and every five years thereafter.
AB1600 Annual Report
March 25, 2015
Page 4
All development impact fee categories with the exception of Traffic Infrastructure satisfy
the provision of AB1600 that funds be expended within five years. Moreover, the City's
Five Year (2013/14-2017/18) Capital Improvement Program (CIP), adopted on June 11,
2013, provides detail regarding the sources, amounts, and approximate dates of funding
anticipated over a five year period that will be used to complete the financing of future
capital projects such that all fund equity balances have been programmed to fund
projects.
The required findings as to the unexpended portion of the Traffic Infrastructure Fee
special revenue fund are set forth below:
1. Identify the purpose to which the fee is to be put (Section 66001(d)(1) (A).
The City Council finds that the purpose of the Traffic Infrastructure Fee is to
mitigate traffic burdens created by new development to the City's arterial and
collector street system and is imposed to finance the cost of new traffic
infrastructure.
2. Demonstrate a nexus between the fee and the purpose for which it was originally
charged (Section 66001(d)(1)(B).
The City Council finds that the findings and facts as set forth in the City's Traffic
Infrastructure Fee Nexus Studies and City Ordinance No. 1081 which findings and
facts are incorporated herein by reference, amply demonstrate that there is a
reasonable relationship and nexus between the fees imposed and the purpose for
which said fees are charged.
3. Identify all sources and amounts of funding anticipated to complete financing of
incomplete improvements (Section 66001(d)(1)(C).
The City Council finds that that all of the sources and amounts of funding
anticipated to complete financing for any incomplete improvements are identified
and described in the attached AB 1600 Report.
4. Designate the approximate dates on which the anticipated funding is expected to
be deposited into the fund (Section 66001(d)(1)(D).
The City Council finds that that the approximate date on which the funding
referred to in Finding No. 3, above, is expected to be deposited into the
appropriate fund is designated and described in the City's Five Year (2013/14-
2017/18) Capital Improvement Program (CIP) which is incorporated herein by
reference and in the attached AB 1600 Report.
AB1600 Annual Report
March 25, 2015
Page 5
Fiscal Impact
Tracking of the fund activities, summarizing the activity for the AB 1600 Report, and
preparation of the Report requires accounting and administrative resources. No funds
were expended on outside sources to comply with this unfunded State mandate. This is
a required reporting and compliance report per the California Government Code 66006.
Prepared by: Shannon Buckley
Fiscal Officer
Approved by: Jason Simpson
Director of Administrative Services
Approved by: Grant Yates
City Manager
Attachments
AB1600 Annual Report
City of Lalcc Elsinore
Traffic Infrastructure Fee
Government Code 66000 Calculation
FY2013-2014
The Traffic Infrastructure Fee became effective on June 11th, 2002 with the adoption of City Ordinance #1081. Traffic
Infrastructure is considered aqy road and highway networks, including structures (bridges, tunnels, enlvarts, retnhring
walls), .signage arid rnarldng.s, electr ical.systems (street lighting and traffic lights), edge treatments (curbs, sidewalks,
landscaping), and specialieedfacilities such as road maintenance depots and restareas. The Tiaffic Infrastructure fee
is collected to mitigate the additional traffic burdens created by new development to the City's arterial and collector
street system arid is imposed to finance the costs of new traffic infrastructure. The fees voles depending on
development type and is collected for each building payable upon the issuance of the certificate of occupancy. The fee
is based on the attached formula and data sheet and varies fr'on project to project.
The fee is based upon the attached fmrnula and data .sheet and varies from project to project
Five Year Test
Beginning
Using First In first Out Method
finding
Account Description _
Fund Bulmrce
FY2013-2014
Fund Balance
Revenues & Other Sources
Revenues Collected from 2009
390,190
Revenues Collected from 2010
Inve.sianent Earnings
Revenues Collected from 2011
5 44,244
Revenues Collected from 2012
Recoverable Expenditures
Revenues Collected from 2013
395
Revenues Collected from 2014
Developer Impact Fees
_
Total Ending Fund Balance .8
3:37,273
Resu1C Flve Year Spent Test was met in accordance with Government Code 66001.
_.._-
Total Sources
---- _...-..__ ----
.-.Total.Sources
.F 381,912
2014-2018 Capital Improvement Program, as noted below.
Expenditto es ,C Other Uses
100%
57,932
183,467.
Total Uses.
Traffic Signal Installation @ Summerhill/Via Scenic - 44'.
$ 57932
100%
TnlnlAvnilohle
$ '1,865,650
$ 323,980
$ 3,189,6BlJ
Five Year Test
2014-2015
Using First In first Out Method
Alignment study -230001
Unspent Funds Represent Ending Fund Balance June 30, 2014
Revenues Collected from 2007 $
877,160
Revenues Collected from 2008
802,066
Revenues Collected from 2009
390,190
Revenues Collected from 2010
99,125
Revenues Collected from 2011
272,041
Revenues Collected from 2012
144,922
Revenues Collected from 2013
222,214
Revenues Collected from 2014
381,912
_
Total Ending Fund Balance .8
3,189,630
Resu1C Flve Year Spent Test was met in accordance with Government Code 66001.
The City makes a finding that it
will design and/or construction of major arterial aand collector sireet system in accordance
withthe Fiscal Year
2014-2018 Capital Improvement Program, as noted below.
33,000
d improvement Facilities
2014-2015
'nlurnlea w
Alignment study -230001
nl knFrnverngnf;Facilities Actual Ezputses
FY2013.2014
%Complete
00%funded with
Tra!fir Signal lnstallatton @ Grand/Riverside 4392
$ 12,177
Z5%
4%
Traffic Signalltstallation@Stunme'hill/VlaScenlc-44:
23,603
50%
9%
Cite Traffic Model Ululate - 4426
7.2,152
SO%
174b
ipated Future ProjectsFY
2014-2015
'nlurnlea w
Alignment study -230001
5 200,0,00
100x%
City Traffic Model Update. - 4426
110,073
100%
Development Impact Fee Study, - Z30003
1.5,000
38%
1-15/Rldh'oad Canyon Ultimate Intercbarnge. - Z10016
1,942,858
45%
Inter change Operational Improvements-
150,000
100%
Lake Street/Temescal Canyon Interchange - Z10025
100,000
100%
Main Street Interchange - 710017
200,000
33%
State Route 74 Roadway Widening -Z100'24
133,333
12'%
Traffic Monitoring Cameras - Z10011
33,000
100%
Traffic Signal Installation @ Grand/R{verside - 4392
183,467.
69%
Traffic Signal Installation @ Summerhill/Via Scenic - 44'.
321,030
100%
Traffic Swnal Phasim, Modifications -210012
70,000
100%
City of Lake Elsinore
City Hall and Public Works Facilities Fees
Government Cade 66000 Calculation
FY2013-2014
The City Hall and Public Works Facilities Fee became effective on August 23rd, 2005 with the adoption of City Ordinance
#7153. City Hall and Publir. Works Facihtlesserve both homes and businesses citywide, The City Hall and Public Works
Facilities fee is collected to in d late the additional burdens created by new development for cigr hall and public wanks
facPh ie.s and is imposed to finance the costs oj'new city hail and public work.5 faril ities. 'The fee varied depending on
development type and is collectedfor each building payable upon the Issuance a] the certhicate ofocnrpancy. Thefeeis
based on the attached formula and data sheet and varies from project to project
The fee is based upon the attached jarmula and data sheet and varies from project to project
Account Description
Beginning
Fund Balance
FY2013-2014
Ending
Fund Balance
Revenues & Other Sources
Interest income
Developer fees
June 30,2014
$ 15,941
241,821
$ 27,489
Total Sources
$ 257,762
80,001
Expenditures & Other Uses
77,658
-175,724
89,594
Total Uses
82,262
$ 475,724
121,594
Revenues Collected from 2014
257,762
Total Ending Fund Balance
$ 096,610
TotalAvailable
$ 1,114,572
$ (217,962)
$ 096,610
Five Year Test
FY2013-2014
Using Ficstln First Out Method
%)funded with j'ee
Unspent Funds Represent Ending Fund Balance
June 30,2014
Revenues Collected from 2007
$ 27,489
Revenues Collected from 2008
160,049
Revenues Collected from 2009
80,001
Revenues Collected from 2010
77,658
Revenues Collected from 2011
89,594
Revenues Collected f ,om 2012
82,262
Revenues Collected from 2013
121,594
Revenues Collected from 2014
257,762
Total Ending Fund Balance
$ 096,610
ResulL Five Year Spent Test was met in accordance with Government Code 66001. 'fire Ctiymakes a fending Clmt it
pians to construct o new Civic Center and expand the Public Works Corporation Yard
in the east part of the City within
1henext5yews. CorrenrlY, the City hasdecign plans Jul construction on that site,
Theexpectedcostfarthispwjectis
Cophol Irnpr'ovementP'acilities
Gnpiml7mprovenrentPocilities Actual Expenses
FY2013-2014
°%Complete
%)funded with j'ee
Downtown Seismic Retrofit -4327
$
34.6,490
95%
31%
Cultural Center Technology Upgrade -4354
13,584
1000/o
14%
Veterans Memorial -4402
15,416
50%
45%
Cultural Center Expansion- J415
83,316
1000/%
1000/%
_City Hall Carpet Retrofit -4427
14,918
10%
100%
Total Capitan Lnpruvarnent l'ncfIitles Arwal Expenses
$
475,724
Anticipated Future Projects _
FY2014-2015
%funded with fee
City Facilities- Cltyflall/PWCm'p Yard Expansion
$
1,049,166
70%
Development Impact Fee Study - Z30003
5,000
13%
Downtown Se15/1110 Retrofit - 43'27
70,443
1.00%
Facilitics Master Plan - Z30000
27,000
33%
__.._.___ Total Anticiprtted Future Projects
$
1,151.,609
City of Lake Elsinore
Community Center Facilities Fees
Government Code 66000 Calculation
FY2013-2014
The Conus unity Center Facilities Fee become effective on August 23rd, 2005 with the adoption of City Or 111153,
Cornnnmity Center Facilities will primarily serve residents in the City by providing ,space and facilities for recreation and
Soldier programs. The Community (,'oil ter Faclldiesfee is collected to mitigate the additional burdens created by new
developmentfor City community center facilities and is imposed to finance the costs of new community center facilities.
The fee out depending on development type and o collected for each building payable upon the Issuance of the
certificate ofocruponcy. Thefee is bused on the attached formula and data sheet and variesfFom project to project.
The fee is based upon the attached farm ula and data sheet and varies from project to project.
Account Desertion
Beginning
FundBalance
FY2013-2014
Ending
Fund Balance
Revenues&Other Sources
Interestincome
Developer fees
$
$ 3,820
161,865
100%
Total Sources
$ 165,685
614
Expenditures&Other Uses -
1%
16,146
Total Uses
95%
$ 16,146
Total Capdal Improvement Facilities Actual Expenses
Tat,,,Avoflabll
$ 188,141
.$ 149,539
$ ?i7,680
Using Post In First Out Method
tins eat Funds Representiinrling Funrl Balance June 30,2014
Revenues Collected from 2011 $ 46,995
Revenues Collected from 2012 43,706
Revenues Collected firout 2013 81,294
Revenges Collected nro_m_ 2014 _ 165,685
Total Ending Fund Balance $ 337,680
Resnik Five Year -Spent was metro accnrdmuc withGovernrnrnt lode li!>ODl,
Capital Improvement Facilities
Capftal improvement Facilities Actual Expenses
FY2013-2014
%Complete
%funded withfee
Senior Center Expansion -4310
$
5,007
100%
20%
Cultural Center Renovations - 508
614
100%
1%
Downtown Seismic Retrofit -4327
10,525
95%
1%
Total Capdal Improvement Facilities Actual Expenses
$
_ 16,146
Anticipated Future FroJvcts _
FY2014-2015
%funded will)fee
_-_-
City Facilities-
$
447,9513
30%
Development Impact Fee Study -Z30003
5,000
13%
Facilities Master Plan - Z30000
17,000
21%
Senior Center Sidewalks - 4 424
31,2M
9%
.�_.. Total Anticipated Future Projects
$
501,180
City oj'Lake Elsinore
Lake Side Facilities Fees
Govern meet Code 66000 Calculation
FY2013-2014
The lake Side Facilities Fee became effective on August 23rd, 2005 with the adoption of City 0?ditionce#1153, Lake
Side Facilities will primarily serve residents in the City by providing recreation (it the lake. The Lake Side Facilities fee is
collected to mitigate the additional burdens created by new development for City lake side fucilities and is imposed to
mance the costs of new lain side facilities. 'Phe fee varied depending on development type and is collected jar each
building payable upon the issuance of the cert(jicate of occupancy. The fee is based on the attached formula and dater
sheet and varies from project to project.
The fee is based upon the attached formula and data sheet and varies from project to project
Account Description
Beginning
Fund Balance
17112013-2014
Ending
Fund Balance
Revenues & Other Sources
Interest income
Developer fees
84,817
$ 9,150
231,363
55,213
Total Sources
60,745
240,513
70,223
Expenditures & Other Uses
63,580
_$
52,239
116,153
Total Uses
.$ 52,239
$ 709,826
Anticipated Future Projects
_...._..............._.....__-.
FY2014-2015
% inuled with fee
TotalAvailoble
$-� 521,552
$ 188,274
$ 709,826
First In First Out Method
mt Funds Represent Ending Fund Balance
June 30, 2014
Revenues Collected born 2007
_S l 18,582
Revenues Collected from 2008
84,817
Revenues Collected from 2009
55,213
Revenues Collected from 2010
60,745
Revenues Collected from 2011
70,223
Revenues Collected from 2012
63,580
Revenues Collected from 2013
116,153
Revenues Collected front 2014
240,513_
Total Ending Fund Balance
$ 709,826
j Result: Five Year Spent Test was met in accordance with Government Code 66001. The City makes a finding that it
(plans to begin the anticipated future projects in accordance with the fiscal Year 2014-2018 Capital improvement
Program, as noted below.
Capitol improvement Facilities
Capital Improvement Facilities Actual Expenses
FY2013-2014
%_Complete
% jimded_w_ithfee
Whisker's fishing Beach improvements -4369
y. 1,621
5%
1%
La Laguna Bait Shop Improvements -4430
24,286
100%
100%
Lake Elsinore Aquatic Center -AQUA14
26,330
50%
1000A
Total Capital Improvement Factlilies Acttml h'xpenses
S _ 52,239
Anticipated Future Projects
_...._..............._.....__-.
FY2014-2015
% inuled with fee
Developntentlmpact Dee Study -230003
_.�
$' 5,000
13%
Facilities Master Plan - Z30000
17,000
21%
Lake Facilities Improvements
391,626
100%
SCADA Upgrades -
05,000
100%
Sportfish Nursery -4420
150,000
100%
Whisker's Pis_hln{d Beach Improvements- 4369
420,000
100%
ToCalAnfictpaeed Fudrr•e t'r•aJects
5' 1,068,826
City of Lake Elsinore
Animal Shelter Facilities Fees
Government Code 66000 Calculation
FY2013.2014
The AnfmaI Shelter Facilities Fee become effective on August 23rd, 2005 with the adoption of City Ordinance #11.53.
Anbnal Sheiterracilities will primari]y serve residents in the City by providing animal control and adoption services.
7'he Anomal Shelter Facil itle.s fee is collected to mitigate the additional burdens created by new development for Ciry
animal facilities and is imposed to finance the costs of new anbnal facilities. The fee varied depending ori development
type and is collected for each building payable upon the issuance of the certificate of occupancy. The fee is based on the
attached formula and data sheet and varies from project to project.
The fee is based upon the attached formula and data sheet and varies from project to project.
Account Description
Beginning
Fund Balance
FY2013-2014
Ending
Fund Balance
_
Revenues & Other Sources
Interest incmne
Developer tees
$ 253
103,356
Tota15'omres
$ 103,609
Expenditures & Other Uses
302,256
Total Uses
$ 302,256
TotalAvailable
$ 61,340
$ (198,647)$
(1.37,307)
Five Year Test,
Using First Jn First Out Method
Unspent Funds Represent Ending Fund Balance June 30, 2014
_ Revenues Collected from 2014 (137,307)
Total Ending Fund Balance $ m(137,307)
Resu[d five YemSpent Test wa.r meth accurdmice with Government Code 66001.
Capital Inapt ovement Foc'Oiifes
Capital Impeovemen t Facilities Actual Expenses FY2013-2014 %Complete % jun (it'll witb fee.
_ New Animal Shelter $ 302,256 100% 1.00%
Total Capital Improvement Eaefli fes Aclual Expenses $ 302,256
AnUcirated Fuhrre Pralects FY2014-2015 %funded will](ee
._. _..._.__ $
Total Anticipated Future Protects 4
City ofbake Elsinore
Fire Facilities Fees
Government Code 66000 Calculation
FY2013-2014
The Fire Facilities Fee becarne effective on June 13th, 2006 with the adoption of City Ordinance#1181. Fire Facilities a re
considered fire stations and similar public saj'ety facilities that will primarily serve residents in the City by providing the
physical facilities necessary to.support'fre, paroinPak and em erg ency response programs. The Pire Facilitiesjee is
collected to mitigate the additional burdens created by new develop nentforCity f reJacilitles and is imposed refinance
the costs ofnewfirefacilftles. Thefee varied depending on development type and is collectedfor each building payable
upon the issuance of the certificate of occupancy, The fee is based on the attached formula and data sheet and varies
from project to project.
TheJee Is based upon the attached formula and data .sheet and varies from project to project.
Account Description
Beginning
Fund Balance
FY2013-2014
Ending
Fund B❑lance
Revenues & Other Sruirces
Interest income
Developer fees
$ 980
236,312
Tota/Sources
$ 237,29_2
_
Expenditures & Other Uses
196,635
_
_ Total Uses
$ 196,635
Tot,�F,Available
.$ (40,519)
.$ 40,657
$ 138
fibe Year Test
Using First In First Out Method
_Unspent Funds Reprevent. Endirkg Fund Balance June 30, 2014
Revenues Collected from 2014 138
Total Ending Fund Balance _$_ 138
Result. Five Yen'Spentlest was met in accor'rlonve with Government Code 66001.
Rosetta Canyon Fire
n #97 Ladder Truck - 4398
FY2013.2014 %
FY2014-2015
City oy'Lake Elsinore
Library Mitigation Fees
Government Code 66000 Calculation
FY2013-2014
The Librcuy Mitigation Fee became effective on June 25th, 1977 with the adaption of City Or (bounce 11573.1 (C) (1-6) and
City Ordinance #764,1 in 1986, Library Facilities are considered librar'iesthat meet. the Riverside City/Co unry Library
5'tandurds that will primarily serve residents in the City by providing the physical facilities necessary to support library.
The Library Mitigatlon fee is collected forfature construction of library improvements to assure the necessary library
f icilities o -e provided to the emnntwiity. The fee varied depending on development type and is collected fo each
building payable upon the issuance of the certificate of occupancy. The fee is based on the attached formula and data
sheet and varies from project to project.
The fee is based upon the attached formula and data sheet and varies from protect to project
Account Description
Beginning
Fund Balance
FY2013-2014
Ending
Fund Balance
Revenues & Other Sources
Interest haeme
Developer fees
June 30, 2014
$ 22,176
89,250
$ 37,476
Totalsources
96,959
111,426
—9,61.6
127,439
lixpenditures&Other Uses
--
Revenues Collected from 2005
171,854
Total Uses
377.920
$ 9,616
164,934
Revenues Collected from 2008
81,752
Revenues Collected from 2009
50,693
TotalAvailable
$ 1,489,435
$ 101,810
$ 1,591,245
ear Test
FY2013.2014 _
First In First Out Method
Library Supplies for Lake Elsinore Library
snt Funds Represent Ending Fund Balance
June 30, 2014
Revenues Collected from 2001
$ 37,476
Revenues Collected from 2002
96,959
Revenues Collected from 2003
127,439
Revenues Collected from 2004
107,100
Revenues Collected from 2005
171,854
Revenues Collected from 2006
377.920
Revenues Collected from 2007
164,934
Revenues Collected from 2008
81,752
Revenues Collected from 2009
50,693
Revenues Collected from 2010
59,383
Revenues Collected from 2011
74,372
Revenues Collected from 2012
49,143
Revenues Collected from 2013
86,794
Revenues Collected from 2_014
111,426
Total Ending Fund Balance
$ 1,591,245
ala five Year Spent Test was met in accordance with Government Code 66001. The City hakes a finding that it
begin the acquisition and design phase to construct a new Library within rhe next,5 year In accordance with the
al Year 2014-2018 Capital Improvement Program- The expected cost to this project is approximately $19.2
Capital Improvement Facilities
Copy/ruprovonrent Facilities Actual Lxpense.s
FY2013.2014 _
Vo Complete % JLnded with fee
Library Supplies for Lake Elsinore Library
$
4,004
100`Ye 10'%
Supphes for Vi 11"gb,h Library
'i,532
_1000/0 14%
—L", —"IY
'fatal C'apttallmprovoneut PnciRt(es Actrud Expenses
_$
9,G16
Anticipated Future Projects
FY2014-2015
% fundort with%ee
City Librnr_�Site _
$
1,654,11_9
100%
Total Anticipated Future Projects
$
1,654,119
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
/r.at www lake-elsinore org
Text File
File Number: ID# 14-503
Agenda Date: 3/24/2015 Version: 1 Status: Approval Final
In Control: City Council File Type: Report
Agenda Number: 10)
City of Lake Elsinore Page 7 Printed on 3/19/2015
CITY or��
LADE LLSIA0P E
`� DIUA a EXrREMr.,.
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
FROM: Grant Yates, City Manager
DATE: March 24, 2015
SUBJECT: Presentation of the Association of California Cities, Orange Count
(ACC -OC) by Lacv Kellv, CEO
Recommendation
It is recommended that the City Council receive the presentation and consider formally
joining this group.
Discussion
Ms. Kelly of the ACC -OC will be making a presentation to join this select group. The
Association works to create dialogue around the policies, principles and people that
help shape our local communities; monitors the Legislation that impacts our area, and
works toward focusing the local State and Federal representatives on this specific
region. Their Committee Roundup includes: Energy & Environment Committee;
Legislative and Regulatory Committee; Local Government and Innovation Committee,
Public Engagement Committee; and Technology and Infrastructure Committee.
Committees are determined by the members of the organization each year via survey
and feedback. Additionally, the ACC focuses advocacy on regional agencies netting
significant wins on behalf of cities in this niche area where a majority of threats are
posed to local control and city funding.
Fiscal Impact
The Council will need to budget for the membership on an annual basis. Membership is
based on population and the cost for FY 2015-16 will be $16,300.00.
Prepared By: Virginia J. Bloom, City Clerk
Approved By: Grant M. Yates, City Manager
Agenda Date: 3/24/2015
In Control: City Council
Agenda Number: 11)
City of Lake Elsinore
Text File
File Number: ID# 14-504
Version: 1
130 South Main Street
Lake Elsinore, CA 92530
w lake-elsinore.erg
Status: Approval Final
File Type: Report
City of Lake Elsinore Page 1 Printed on 3/19/2015
CITY OF
LADE LSINOR
'-N- DRC^AM FXrIUME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: MARCH 24, 2015
SUBJECT: UPDATE ON PARK MAINTENANCE PROGRAM
Discussion
This staff report is an update of staff's efforts on the City's preventative maintenance
program for the City's existing 18 parks. Staff has begun the assessment of the City's
parks as part of the Parks Facilities Master Plan Update which is currently in progress.
Staff has prepared a short presentation to update the City Council to receive and file.
Prepared by: Vince Damasse, P.E.
Director of Public Works
Approved by: Grant M. Yates
City Manager
Agenda Date: 3/24/2015
In Control: City Council
Agenda Number: 12)
City of Lake Elsinore
Text File
File Number: ID# 14-505
Version: 1
130 South Main Street
Lake Elsinore, CA 92530
w lake-elslncre. are
Status: Approval Final
File Type: Report
City of Lake Elsinore Page 1 Printed on 3/19/2015
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COMMUNITY SERVICES DEPARTMENT
AGENDA REPORT
TO: Grant Yates, City Manager
FROM: Johnathan O. Skinner, Community Services Director
DATE: March 16, 2015
SUBJECT: Community Services Monthly Report
PREPARED BY: Vicky Saavedra, Community Services Office Specialist II.
RECOMMENDATION: Receive and file.
BACKGROUND: The following provides a summary of the Community Services
Department's programs, activities and events for February
2015.
VOLUNTEERS
We currently are recruiting volunteers to work at our Children's Fair event that will be held
on April 4, at McVicker Canyon Park. We also are recruiting clerical volunteers for City Hall,
Public Works, Engineering, City Clerk's Office and the Senior Center. The current total of
volunteer applications submitted this year is %
COMMUNITY CENTER
The Community Center is excited to offer new recreational classes which include; Craft
Stars, Cyclone Athletics Basketball and Youth Tennis and Dog Training. Studio 395
hosted their monthly "Live Art & Music" event on Saturday, February 21. They had live
music by local bands and vendors selling arts and crafts.
SENIOR ACTIVITY CENTER
Free tax services begin this month and will continue through mid-April for all seniors.
Walk-in service is available on Wednesdays and Fridays from 9:30 am -1:30 pm 48
seniors attended the Harrah's Casino trip that was held on was on Wednesday,
February 4. A free Blood Pressure Clinic was held and had 29 participants, other
services offered were; Legal Advice, Successful Aging, Funeral Pre -Planning and
Weekly Bread Distribution. We began a "Monthly Information Meeting" to replace the
Coffee Club Program, this meeting will be held on the last Friday of each month. We
will be available to answer questions and provide the activities schedule for the
following month. This will make the registration process much easier. The new Dog
Behavior Class was very informative. Teri Harvey, from All American Dog Training was
exceptional in providing basic information and answering questions. Our nutrition
program served a total of 792 meals. On an average attendance were serve 205
seniors daily.
SPECIAL EVENT
The Storm held their first time Black Light Run on February 7 at the Diamond Stadium
from 6 to 9 pm. Over 4,000 participants were able to enjoy a colorful run along the
levee and live entertainment in Parking Lot B of the Stadium.
SKATE PARK
The total attendance at the McVicker Skate Park for the month of February was 667.
We had 6 rentals and 28 new waivers filled out.
Skate
216
Scooter
325
BMX
126
CITY OF LAKE ELSINORE
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: MARCH 24, 2015
SUBJECT: MONTHLY PUBLIC WORKS SUMMARY MARCH 2015
Public Works
Street Maintenance_
February
March_
_
Pot Hole Repairs
106
332
Graffiti Removal
118
141
Stone Drains Cleaned
30
17
Illegal Dumping Clean-ups
39
79
Signs Installed
0
--
19
--- .._...... ..
._
- -._... ---
Sign Repairs
42 _
_ 32 —
Sidewalk Repairs (Square Ft)
701
--
------..._.--------
260
_... — - __...
Curb & Gutter Repairs (Linear Ft)
62
0
Removed Illegal Signs
86
336
Area Sprayed With Herbicide (in acres)
22
16
Shopping Carts Pick -Ups
20
71
Trimmed Trees Various Locations
6
7
Drain Inspections
30
17
Removal of Road Hazards
0
30
Heatwurx Repair Units0
-
-
--------
0
-
--------
Vehicle Maintenance
Vehicle Repairs
10
12
Vehicle Service
-- 6
7 _
__._._- - -
Alignmonts0
0
Tire Installation & Repairs
19
_
17
Small Equipment Repairs
4
8
Service Calls
5
9
Mufflers & Tailpipes
0
0
Body Shop Repairs
-0
.
Traders Repaired
_. 9
12
Batteries & Jump Starts
__.,...
Boat Repairs
2
0
Heavy Equipment Repairs
6
17
Vehicle Maintenance Program (Fleet 2000)
0
8
Weed Abatement
Lots Cleaned
0
0
City Lots Cleaned
2
6
Trees Trimmed
15
16
Illegal Dumping Clean-ups
5
10
Replaced irrigation clocks
0
0
Shopping Carts Picked Up
1
15
Checked all Landscaped areas for Major Issues
1 Day
0
Removed Illegal Signs
5
4
ENGINEERING DIVISION
-
PUBLIC COUNTER ---
-
-
Research Requests
3
7
Plan Checks
5
5
— — - -
Final Maps
-
1
--
0
Grading
4
_...__
5
- —
-....----------- --
Street Improvement
2
2
Development Review
2
6
Flood Plain Determination
1
0
Bond Release Requests
1
0
Oversize Transportation Permits
1
4
Encroachments Permit Applications
18
9
Encroachment Permit Traffic Issues
8
0
_i
CIP UPDATE _..
----
---
--
...._._
Project
Construction
,...
Project Status
Project
Location
Design
Senior Centei Sidewalk
Senior
100% plans
In progress
Contractor submittals
Improvements
Center
completed
approved. Materials on
Project No. 4424
order
I
i
MW ker Dog Park
McVicker
100%
I
100% completed
j
i Project completed
Fence Improvements
Park
Complete
Project No. 240000
Project is under close-
out phase
Notice of Completion
filed on 3/10/2015
— —-
Lakepoint Park Electrical
Lakepoint
100%
_- -------
--
In progress
West Coast lighting &
Panel
Park
Complete
Energy (Contractor)
Project No.4414
submittals and ordering
of equipment in
progress
Serenity Park- Skate
Serenity Park
30%
Scheduled for April
Design -build in progress
Zone
completion
2015
Project No. 4419
Facilities Master Plan
Citywide
Project underway. Data
Project No. Z30000
collection completed.
CIP project list to be
provided in March 2015
Completion by June/July
2015
--
Parks Facilities Master
----
Citywide
..........
Pioiect underway. Data
Plan
collection completed.
Project No. 4106
CIP project list to be
provided in March 2015
i
i
Completion by June/July
2015
CIP UPDATE
------ —._.__.
Protect
._
Project
Location
-.-
Design
..........
Construction
_.
Project Status !
City Master Drainage
City
In progress
Base map and
Plan Update Project
watershed del!neation
No.120
90% complete.
Completion anticipated
for December 2015
User Fee Study
Citywide
In progress
Fee study underway by
Project No. 230002
Willdan Engineering.
Cost allocation study
completed. Anticipated
completion March/April
I
2015
Gunnerson Street
Gunnerson
95% design
Under Plan Check for
Rehabilitation
between
completed
95% design plans.
Project No. 4350
Lakeshore
NEPA environmental
Drive and
clearance is underway
SR -74
Staff to submit RFA
package to Caltrans for
construction by 7/1/2015
Collier Island
Outlet Mall
80%
Construction
Developer Agreement
Modification Phase I
completed
anticipated for
approved. Plans are
Project No. 4388
April/May 2015
being finalized by staff
and Developer to bid the
I
project
City Monument Signs
Lake Elsinore
100%
In progress
Materials submittals
Project No. 4396
design
have been approved.
completed
Contractor has already
placed an order for the
sign
Third Street Drainage –
Lake Elsinore
In progress
Three (3) alignments
Phase 1
identified and
Project No. 4296
undergoing feasibility
review
f
CIP UPDATE
Project
Traffic Signal Installation
Canyon Hills/Sage Road
Project No. 4368
Project
Location
Sage at
Canyon Hills
Design
100%
Construction
100%
Project Status
Project completed
Notice of Completion
filed with City Council on
3/10/15
Traffic Signal Installation
Riverside
85%
City Coordinating with
Grand Avenue at
Drive (HWY
County on development
Riverside
74) @ Grand
projects and obtaining
Project No. 4392
Ave and
signal plans from
Riverside Dr.
developer
(HWY 74) @
Lakeside
H.S.
Slurry Seal Project
Various
100%
100°/o
Project is substantially
Pro 1
Project No. Z10014
streets
completed. Project
citywide
under Close out phase.
- - ---
Pavement Management
_t
Citywide
---- re
In progress
____-.._.
Design RFP received
Program (Grind &
and evaluated in March
Overlay / R&R Phase 2)
2015. Design PSA to be
Project No. Z10008
awarded in April 2015
Annual Pavement
Citywide
In progress
Citywide sidewalk
Management Plan -
survey project kick-off
Project No. Z10005
meeting conducted by
Bucknam & Associates
on March 17, 2015
Anticipated completion
in June/July 2015
-15/Railroad Canyon-15
@
In progress
i
PA&ED in progress. City
Road Interchange
Railroad
Council Roundabout
Improvements (PAED)
Canyon
Project progress update
Project No. Z10016
Interchange
conducted in March
2015. Anticipated
PA&ED completion in
December 2015
CIP UPDATE
Project
ProjectLocation
Design
Construction
Project Status
Railroad Canyon/1-15
-1--15 @
100%
Plans approved by
Bidding documents
Southbound Off Ramp
Railroad
CALTRANS. City
being prepared for
Deceleration Lane
Canyon
proceeding with
Summer / Fall 2015
Project No. 4432
_Wa�n_§treet
Interchange
construction bidding
construction start
Interc—h-amg—e
____Being_
-added—to the----
Project No. Z10017
TUMF Network, being
placed on the upcoming
CIP to perform PSR,
Needs to be improved
by 2024. City to
perform feasibility
analysis of Main St, new
interchange and Camino
Del Norte
RG
CII) 01 Cit of Lake Elsinore LAKE-EL-3124 PONE
_ y (951) 674-3124 PHONE
Jy,l'.)X f--g ]ySl(y(}} ], CULTURAL CENTER
183 N. MAIN STREET
IJI1A6111 i 4, iat.Ml
Reg u la r Ag ends LAKE E92530 RE, CA
Successor Agency
STEVE MANOS, CHAIR
BRIAN TISDALE, VICE -CHAIR
NATASHA JOHNSON, AGENCY MEMBER
DARYL HICKMAN, AGENCY MEMBER
ROBERT MAGEE, AGENCY MEMBER
GRANT YATES, EXECUTIVE DIRECTOR
Tuesday, March 24, 2015 7:00 PM Cultural Center
CLOSED SESSION - None
PUBLIC SESSION at 7:00 PM
Cultural Center
183 N. Main St., Lake Elsinore
The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council
and Agency with valuable information regarding issues of the community.
Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are
televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view
the meetings on Channel 31.
If you are attending this City Council Meeting, please park in the parking lot across the street
from the Cultural Center. This will assist us in limiting the impact of meetings on the
Downtown Business District. Thank you for your cooperation.
The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at
each meeting. The agenda and related reports are also available at City Hall on the Friday
prior to the Council meeting and are available on the City's website at www,Lake-Elsinore.org.
Any writings distributed within 72 hours of the meeting will be made available to the public at
the time it is distributed to the City Council.
In compliance with the Americans with Disabilities Act, any person with a disability who
requires a modification or accommodation in order to participate in a meeting should contact
the City Clerk's Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting
to make reasonable arrangements to ensure accessibility.
City of Lake Elsinore Page 1 Printed on 311912015
Successor Agency Regular Agenda
CALL TO ORDER - 7:00 P.M.
PLEDGE OF ALLEGIANCE
INVOCATION - MOMENT OF SILENT PRAYER
ROLL CALL
PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE
March 24, 2015
(Please read & complete a Request to Address the Successor Agency form prior to the
start of the meeting and turn it into the Cleric The Chair or Clerk will call on you to
speak.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved in one motion, unless a Council
Member or any member of the public requests separate action on a specific item.)
1) TMP -726 Approval of Minutes
Recommendation: It is recommended that the Successor Agency approve Minutes as submitted.
Attachments: SA Staff Rpt Minutes for Approval
3-10-2015 SA Minutes
2) TMP -720 Warrant List dated March 12, 2015
Recommendation: It is recommended that the Successor Agency of the Redevelopment Agency of the
City of Lake Elsinore receive and file the Warrant List dated March 12, 2015.
Attachments: SA RDA Staff Report 3-24-15
SA RDA Warrant summary 03 12 15
SA RDA Warrant List 03 12 15
3) TMP -728 Successor Agency Investment Report for February 2015
Recomrnendatiow Staff recommends that the Members of the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore receive and file the Successor Agency's Investment
Report for February 2015
Attachments: SA RDA Investment Staff -Report 2015-02. pdf
SA RDA Investment Report 2015-2.pdf
PUBLIC HEARING(S) - None
APPEALS) - None
BUSINESS ITEM(S) - None
City of Lake Elsinore Page 2 Printed on 311912015
Successor Agency Regular Agenda March 24, 2015
ADJOURNMENT
The Lake Elsinore Successor Agency will adjourn this meeting to the next regularly scheduled
meeting of Tuesday, April 14, 2015. The regular Closed Session meeting will be held at 5:00
p.m. at Cultural Center and the regular Public meeting will be held at 7:00 p.m. at the Cultural
Center located at 183 N. Main Street, Lake Elsinore, CA.
AFFIDAVIT OF POSTING
I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the
foregoing agenda was posted at City Hall 72 hours in advance of this meeting.
Virginia J. Bloom, City Clerk
City of Lake Elsinore Page 3 Printed on 7/1912015
01
Lkj�IE SI
:-�"'� t7 ti t: t�iYt t.'.,�t li t, !♦�. t:
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF LAKE ELSINORE
TO: Honorable Chair and Members of the Successor Agency
FROM: Virginia J. Bloom, Agency Clerk
DATE: March 24, 2015
SUBJECT: Approval of Minutes
Recommendation
It is recommended that the Successor Agency approve Minutes as submitted.
Discussion
The following minutes are submitted for approval:
a. Regular Successor Agency meeting of March 10, 2015
Prepared and
Submitted by: Virginia J. Bloom
Agency Clerk
Approved by: Grant Yates
Executive Director
Attachment: Draft Minutes of March 10, 2015
L1-1_ 1, LME
? DRIJ6R f.XT IU:f.11.
Tuesday, March 10, 2015
CALL TO ORDER - 7:00 P.M.
City of Lake Elsinore
Meeting Minutes
Successor Agency
STEVE MANOS, CHAIR
BRIAN TISDALE, VICE -CHAIR
NATASHA JOHNSON, AGENCYMEMBER
DARYL HICKMAN, AGENCY MEMBER
ROBERT MAGEE, AGENCYMEMBER
GRANT YATES, EXECUTIVE DIRECTOR
7:00 PM
Chairman Manos called the meeting to order at 8:22 p.m.
ROLL CALL
LAKE-ELSINORE.ORG
(951) 6743124 PHONE
CULTURAL CENTER
183 N. MAIN STREET
LAKE ELSINORE, CA
92530
PRESENT: Agency Member Johnson, Agency Member Magee, Agency Member Hickman,
Vice Chair Tisdale and Chair Manos
ABSENT: None
Also present: Executive Director Yates, Agency Counsel Leibold, Agency Clerk Bloom,
Administrative Services Director Simpson, Community Development Director Taylor, Public
Works Director Damasse, Community Services Director Skinner, Police Chief Hollingsworth,
Fire Cheif Barr, and Deputy City Clerk Giron.
PUBLIC COMMENTS — None
CONSENT CALENDAR
1) ID# 14474 Approval of Minutes
Attachments- SA Staff Rot Minutes for Approval
SA 2-24-2015 Minutes
It is recommended that the Successor Agency approve Minutes as submitted.
2) ID# 14475 Warrant List dated February 26, 2015
Attachments: SA RDA Staff report 031015
SA RDA Warrant Summary 02 26 15 SA
SA RDA Warrant List 02 26 15
Cultural Center
it is recommended that the Successor Agency of the Redevelopment Agency of
the City of Lake Elsinore receive and file the Warrant List dated February 26,
2015.
City of Lake Elsinore Page 1
Successor Agency Meeting Minutes March 10, 2015
Motion by Vice Chair Tisdale, second by Agency Member Hickman, to approve the Consent
Calendar, passed by unanimous vote as follows:
AYES Vice Chair Tisdale, Agency Member Johnson, Agency Member Magee,
Agency Member Hickman, and Chair Manos
NOES None
ABSENT: None
ABSTAIN: None
PUBLIC HEARING(S) - None
BUSINESS ITEM(S) - None
ADJOURNMENT
Chairman Manos adjourned this meeting at 8:23 p.m. to the next regularly scheduled meeting
on Tuesday, March 24, 2015.
Steve Manos, Chair
Virginia J. Bloom, Agency Clerk
City of Lake Elsinore Page 2
E p ki' SII\t)R,1_
Agenda Date: 3/24/2015
In Control: Successor Agency
Agenda Number: 2)
City of Lake Elsinore
Text File
File Number: ID# 14-507
Version: 1
130 South Main Street
Lake Elsinore, CA 92530
w lake-elsinore.org
Status: Approval Final
File Type: Report
City of Lake Elsinore Page 1 Printed on 3/1912015
Ct,l,y OF
LIJE LSII10f--E
DREAM E,)(1-RLML
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE
TO: HONORABLE AGENCY CHAIRMAN
AND MEMBERS OF THE SUCCESSOR AGENCY
FROM: GRANT YATES
EXECUTIVE DIRECTOR
DATE: MARCH 24, 2015
SUBJECT: WARRANT LIST DATED MARCH 12, 2015
Recommendation
It is recommended that the Successor Agency of the Redevelopment Agency of the
City of Lake Elsinore receive and file the Warrant List dated March 12, 2015.
Discussion
The warrant list is a listing of all general checks issued by the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore since the prior Warrant List.
Prepared By: Frances Ramirez
Account Specialist II
Reviewed By: Jason Simpson
Administrative Services Director
Approved By: Grant Yates
City Manager
Attachments: Warrant List 3-12-15
MARC 1 12, 2015 WARRANT
SUMMARY
SUCCESSOR AGENCY OF THE �REID E'VIE;LO PM:EIN"7C AGILN C:Y OF THY",
Y",
CITY OF LAKE ;ELSIINORE
PUND# FUND :DESCRIPTION '10 1 AL
510 SUCCESSOR TO RDA AREA 1 $ 3,093.75
520 SUCCESSOR TO RDA AREA 2 1,089.00
530 SUCCESSOR TO RDA AREA 3 767.25
.--.-.......... .... ....
540 SUCCESSOR STADIUM CAPITAL 7,887.54
GRAND TOTAL $ 12,837.54
3/16/2015 Warrant 03 12 15 SA RDA 1 of 1
MARCH 12, 201;
WARRAN' LI.S,1.
SUCCESSOR AGENCY till' "IFHE ;REIDE'VE;LOPM]EN'7r AGENCY OF -F]PIE
CITY OF ;LAKE E'LSIN RE
Cl1ECKV WNDOR NAME AMOUN'7
72
ELSINORE
UNION BANK OF
LP
go]
WARRANT TOTAL 12,837.54
GRAND TOTAL $ 12,837.54
3/16/2015 Warrant 03 12 15 SA RDA 1 of 1
i ftfi}�tyll�i}-0�t;
Agenda Date: 3/24/2015
In Control: Successor Agency
Agenda Number: 3)
City of Lake Elsinore
Text File
File Number: ID# 14-508
Version: 1
130 South Main Street
Lake Elsinore, CA 92530
w lake-elsinore.org
Status: Approval Final
File Type: Report
City of Lake Elsinore Page 1 Printed on 3119/2015
CITY OF
LADE Cog LSIROI-ZE
DREAM EXTRGMF-
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
TO: HONORABLE AGENCY CHAIRMAN
AND MEMBERS OF THE SUCCESSOR AGENCY
FROM: GRANT M. YATES
EXECUTIVE DIRECTOR
DATE: MARCH 24, 2015
SUBJECT: SUCCESSOR INVESTMENT REPORT— FEBRUARY 2015
Recommendation
Staff recommends that the Members of the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore receive and file the Investment Report for February
2015.
Discussion
The Investment Report is a listing of all funds invested for the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore as of the date shown on the report.
Prepared By: Nancy L. Lassey
Finance Administrator
Approved By: David Bilby
Finance Manager
Approved By: Grant M. Yates
Executive Director
Attachments: Investment Report for February 2015
CITY OPrl-
i/��
LADE LLSI1`iOIJE
DREAM EXTREMEn
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
INVESTMENT REPORT
FEBRUARY 2015
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS
AS OF FEBRUARY 28, 2015
BANK DEPOSITS OUTSTANG. BOOK
ACTIVE ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE
Bank of America - Successor Agency General
Total Active Accounts
INVESTMENTS
Successor:
Successor Local Agency Investment Fund
Successor CAMP Pool Account
Successor U.S. Treasury Bond / Notes
Successor Federal Agency Bond / Notes
Successor Corporate Notes
Successor Certificate of Deposit
Sub -total Investments
Unrealized Gain/ (Loss) at 6-30-14 (LAIF SUC)
Unrealized Gain/ (Loss) at 6-30-14 (CAMP SUC)
Total Unrealized Gain/ (Loss) at 6-30-14 per GASB 31
Total Investments
Cashier Drawers #1 & #2
City of Lake Elsinore Petty Cash Fund
TOTAL POOLED CASH AND INVESTMENTS
$ 1,604,557 $ - $ (56,972) $ 1,547,585
1,604,557 - (56,972) 1,547,585
1,888,377 -
- 1,888,377
22,017 -
- 22,017
2,170,075 -
- 2,170,075
1,454,693 -
- 1,454,693
1,418,196 -
- 1,418,196
100,000 -
- 100,000
7,053,357 -
- 7,053,357
3,236 -
- 3,236
3,783 -
- 3,783
7,018
7,018
7,060,376 -
- 7,060,376
$ 8,664,933 $ $ (56,972) $ 8,607,961
0.00
$ 8,607,961
I certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved
by the Members of Successor Agency of the Redevelopment Agency on November 12, 2013. A copy of this policy is
available in the office of the City Clerk. The pooled investments shown above provide sufficient cash flow liquidity to meet
the next six months estimated expenditures.
Jason P. Simpson March 16, 2015
Director of Administrative Services Date
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
LOCAL AGENCY INVESTMENT FUND
TRANSACTION SUMMARY
FOR THE MONTH ENDING FEBRUARY 28, 2015
Interest Rate Purchase Date Maturity Rate
0,266% Daily 24 -Hour
Beginning Balance Net Increase/Decrease Ending Balance
$ 1,888,377 $ $ 1,888,377
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
POOLED CASH AND INVESTMENTS BY FUND
AS OF FEBRUARY 28, 2015
FUND NAME
Area I
Area II
Area III
Housing
Stadium Trust Fund
Total Pooled Cash & Investments
* Amount due from Successor Agency Housing Fund held by the City
AMOUNT
1,394,597
4,748,423
1,005,127
458,980
1,000,834
$ 8,607,961
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
SUMMARY OF POLICY LIMITATIONS
FOR THE MONTH ENDING FEBRUARY 28, 2015
TYPES OF SECURITIES
U.S. Treasury Bills
U.S. Treasury Bond / Notes
Current Balance
Federal Agency Bond / Notes
Current Balance
Banker's Acceptances
Certificates of Deposit
Negotiable Certificates of Deposits
Commercial Paper
Medium Term Corporate Notes
Current Balance
Repurchase Agreements
Reverse Repurchase Agreements
LAW (Local Agency Investment Fund)
Current Balance
CAMP - Pooled Sweep Account
Current Balance
TOTAL
DIVERSIFICATION MAXIMUM
PERCENTAGE PERCENTAGE
0.00% UNLIMITED
30.77% UNLIMITED
$ 2,170,075
20.62% UNLIMITED
$ 1,454,693
0.00% 40.00%
1.42% 25.00%
$ 100,000.00
0.00% 30.00%
0.00% 15.00%
20.11% 30.00%
$ 1,418,196
0.00% UNLIMITED
0.00% 20.00%
26.77%
UNLIMITED
$
1,888,377
0.31%
UNLIMITED
$
22,017
7,053,357
100.00% $
Note:
Local agencies are only eligible to purchase medium term corporate notes that have a rating
of "A" or better by both Moody's Investors Service, Inc., and Standard and Poor's Corporation (S & P).
If a security falls below "A" by both rating agencies, then PFM Asset Management LLC
will evaluate the need to sell the security prior to maturity. The CAMP Portfolio Summary
and Statistics shows the credit quality held by the City's investments.
*No more than 40% in any one federal agency. See CAMP Portfolio Statement for listing of agencies.
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