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CC & SA Regular Agenda Packet 03-08-2016
L()KE L LSIHOKE v DKIA.M F.VTKI-W: Tuesday, March 8, 2016 CLOSED SESSION at 5:00 PM PUBLIC SESSION at 7:00 PM City of Lake Elsinore Regular Agenda City Council BRIAN TISDALE, MAYOR ROBERT MAGEE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER STEVE MANOS, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER 7:00 PM 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. City of Lake Elsinore Page 1 Printed on 3/3/2016 City Council Regular Agenda March 8, 2016 CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOV'T CODE § 54957(B)): CITY MANAGER CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: APN 365-030-001 City Negotiator: City Manager Yates Negotiating parties: City of Lake Elsinore and C&C Development Under negotiation: Price and terms of payment PUBLIC COMMENTS CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT/CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS CITY MANAGER COMMENTS 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 in to the City Clerk. The Mayor or City 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) ID# 16-094 Adopt Oridinance No. 2016 - 1351; AN ORDINCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 19, CHAPTER 19.08 OF THE LAKE ELSINORE MUNICPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS Recommendation: Waive Further Reading and Adopt by Title Only, Ordinance No. 2016-1351. City of Lake Elsinore Page 2 Printed on 3/3/2016 City Council Regular Agenda March 8, 2016 2) 3) 4) 5) Attachments: CC Ordinance - Water Efficient Landscape Requirements 3.8.16 ID# 16-095 Investment Report for October 2015 Recommendation: Receive and File the Investment Report for October 2015. Attachments: City Investment Staff Report 2015-10 City Investment Report 2015-10 ID# 16-096 Approve and Authorize the City Manager to Execute a Contractor Services Agreement Between Maples and Associates and the City of Lake Elsinore Recommendation: Authorize the City Manager to Execute a Contractor Services Agreement by and between Maples and Associates and the City of Lake Elsinore in an Amount of $72,546.25 for the Purchase and Installation of City Park LED Lighting, in a Form as Approved by the City Attorney. Attachments: Maples City Park Electrical Staff Report Maples Agreement City Park Electrical Agreement Light Plan 528 -05 -City Park -CD Set City of Lake Elsinore City Park Electrical ID# 16-097 Approve the Purchase of Benches Tables, and Trash Enclosures for Rosetta Canyon Park from QCP Quick Crete Products Corp (QCP) Recommendation: 1. Authorize the City Manager to Sign and Issue a Purchase Order for $64,994.40 to QCP Quick Crete Products Corp (QCP); and, 2. Waive the Formal Bidding Process per Municipal Code Section 3.08.070(G) for Purchases from the (1) QCP since it is QCP Benches, Tables, and Trash Enclosures (Designed and Built) they Installed at under Phase 1 at Rosetta Canyon Park in 2009. Attachments: Staff Report 2016-03-08 Benches - City approved Elements -Amenities 1 Picnic Tables - City approved Elements -Amenities 2 Trash enclosures - City approved Elements -Amenities 3 ID# 16-098 Approve and Authorize the City Manager to Execute a Beyond Framework Fund Program Funding Agreement By and Between the Western Riverside Council of Governments (WRCOG) and the City of Lake Elsinore Recommendation: Authorize the City Manager to Execute a Beyond Framework Fund Program Funding Agreement by and between the Western Riverside Council of Governments (WRCOG), a California Joint Powers Authority and the City of Lake Elsinore. Attachments: Staff Report - BEYOND Program BEYOND Framework Fund Agreement 2331-08—Lake Elsinore City of Lake Elsinore Page 3 Printed on 3/3/2016 City Council Regular Agenda March 8, 2016 6) ID# 16-099 Communication Site Lease Agreement SMSA Limited Partnership DBA Verizon Wireless Canyon Hills Park 34360 Canyon Hills Road Recommendation: Authorize the City Manager to Execute the Communication Site Lease Agreement for Canyon Hills Park (APN 363-231-015) with Verizon Wireless Approving Installation and Operation of a Wireless Cellular Facility at Canyon Hills Park Subject to Provisions Set Forth in the Agreement. Attachments: CC Report- Canyon Hills Cellular- 11-10-15 Cell Tower Lease - Canyon Hills Park - Attorney Cell Tower Lease Attachments - Canyon Hills Park Cell Tower Lease COA's - Canyon Hills Park 7) ID# 16-100 Communication Site Lease Agreement SMSA Limited Partnership DBA Verizon Wireless Alberhill Ranch Park, 28200 Lake Street Recommendation: Authorize the City Manager to Execute the Communication Site Lease Agreement for Alberhill Ranch Park (APN 389-020-056) with Verizon Wireless Approving Installation and Operation of a Wireless Cellular Facility at Alberhill Ranch Park Subject to Provisions Set Forth in the Agreement. Attachments: CC Report - Alberhill Ranch Park Cellular Cell Tower Lease - Alberhill Ranch Park Cell Tower Lease Attachments - Alberhill Ranch Park Cell Tower Lease COA's - Alberhill Ranch Park 8) ID# 16-101 Approve and Authorize the City Manager to Execute Purchase Orders with Outdoor Creations Recommendation: 1. Authorize the City Manager to Execute Purchase Orders with Outdoor Creations for Benches, Picnic Tables, and Trash Receptacles at City Park in the Amount of $22,086.00 and at Yarborough Park in the Amount of $26,503.20, for a Total of $48,589.20; and, 2. Waive the Formal Bidding Process per Municipal Code Section 3.08.070(G) for Purchases from Outdoor Creations Since it is Similar Style Benches, Tables, and Trash Enclosures Installed at City Park and Yarborough Park. Attachments: Staff Report - Outdoor Creations Revised Lake Elsinore City Park March 2016 Lake Elsinore Yarborough Park March 2015 (002) Outdoor Specifications 9) ID# 16-102 Award Public Works' Construction Agreement to R&M Electrical Contracting for the Concession and Restroom Building Electrical Installation at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004)• Recommendation: 1. Accept the Withdrawal of Proposal and Award to Valley Electric TB Inc. as Unable to Execute Contract Documents; and, 2. Award a Public Works' Construction Agreement to R & M Electrical Contracting for the Concession and Restroom Building (Electrical) Work at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004); and, 3. Approve and Authorize the City Manager to Execute the Agreement in an Amount Not to Exceed $195,195.00 with R & M Electrical Contracting in the Form and in Such Final Form as Approved by the City Attorney. City of Lake Elsinore Page 4 Printed on 3/3/2016 City Council 10) 11) 12) Attachments: Regular Agenda March 8, 2016 R&M contracting Staff Report R & M Electrical Contracting Agreement ID# 16-103 Award Professional Services Agreement for Canyon Estates Drive and Canyon View Drive South of Franklin Street Roadway Improvement Recommendation: 1. Award a Professional Services Agreement to Sustainable Civil Engineering Solutions for the Design of Canyon Estates Drive and Canyon View Drive South of Franklin Street; and, 2. Approve and Authorize the City Manager to Execute the Agreement in the Amount of $157,425 to Sustainable Civil Engineering Solutions, in the Final Form as Approved by the City Attorney; and, 3. Appropriate $157,425 in Fund 205, Traffic Impact Fees. Attachments: Staff Report Canyon Estates Design Sustainable Civil Engineering Solutions Professional Services Agmt Canyon Est Proposal SCES Cyn Estate Dr_02.17.2016 ID# 16-104 Annexation No. 1 Into Community Facilities District No. 2015-2 (Maintenance Services) for Pardee (TR36682) Recommendation: Adopt Resolution No. 2016-020: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES), ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED (ANNEXATION NO. 1) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN Attachments: Staff Report Revised - Annex 1 Pardee CFD2015-2 TR36682 RESOLUTION NO 2016 ROI Attachments - Revised ID# 16-105 Annexation of Improvement Area E into Community Facilities District 2003-2 (Canyon Hills) Recommendation: Adopt Resolution No. 2016-021; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS), DECLARING ITS INTENTION TO ANNEX TERRITORY TO BE DESIGNATED AS IMPROVEMENT AREA E THEREIN AND TO INCUR BONDED INDEBTEDNESS WITHIN PROPOSED IMPROVEMENT AREA E Attachments: CFD 2003 -2 -Staff Report CFD 2003-2 Resolution CFD 2003-2 - Landowner Petition CFD 2003-2 - Reimbursement Agreement City of Lake Elsinore Page 5 Printed on 3/3/2016 City Council Regular Agenda March 8, 2016 13) ID# 16-106 Intention to Form Community Facilities District No 2015-1 (Safety Services) of the City of Lake Elsinore Recommendation: Adopt Resolution No. 2016-022, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENT TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO, 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES Attachments: Staff Report ROI for 2015-1 Reso Itention to Establish CFD 2015-1 Petition_for_City_of_Lake_Elsi nore_C FD_No_2015-1 _(TE RRACI NA) Petition_for_City_of_Lake_Elsi nore_C FD_2015-1 _(PAR DEE) 14) ID# 16-107 Intention to Form Community Facilities District 2015-4 of the City of Lake Elsinore (Terracina) Recommendation: Adopt Resolution No. 2016-023; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENT TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA), TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE COSTS OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITES, SERVICES AND EXPENSES OF THE DISTRICT AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS; and, Resolution No. 2016-024, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENT TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $20,000,000 WITHIN THE PROPOSED COMMUNITY FACILITIES DISTRICT 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA) Attachments: Staff Report ROI 2015-4 Reso Establish CFD 2015-4 (Terracina) Reso Incur Bond Indebtedness CFD 2015-4 Petition_for_City_of_Lake_Elsinore_CFD_2015-4 REVISED City of Lake Elsinore CFD No. 2015-4 RMA ROI FORM—OF—REIMBURSEMENT—AGREEMENT BUSINESS ITEM(S) 15) ID# 16-108 Introduction and First Reading of Ordinances Regardinq Expanding Recreational Opportunities on the Lake Recommendation: Waive Further Reading and Introduce by Title Only: 1. Ordinance No. 2016-1352, AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 9, CHAPTER 9.96 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LAKE USE REGULATIONS; and, 2. Ordinance No. 2016-1353, AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 8, CHAPTER 8.40 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKS AND BEACHES; and, City of Lake Elsinore Page 6 Printed on 3/3/2016 City Council Regular Agenda March 8, 2016 3. Ordinance No. 2016-1354, AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 8, CHAPTER 8.44 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FISHING ON LAKE ELSINORE Attachments: Staff Report - Lake Use Ordinance Revisions Approval Chapter 9 96 Lake Use Ordinance - First Reading - Latest Edits Chapter 8 40 Parks Beaches Ordinance - First Reading Chapter 8 44 Fishing Ordinance - First Reading Lake Use Online Survey Results 16) ID# 16-109 Butterfield Trail Conceptual Alignment Analysis For Use In Developing Trail Connectivity Along the Temescal Wash Corridor Recommendation: Adopt Resolution No. 2016-025; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE BUTTERFIELD TRAIL CONCEPTUAL ALIGNMENT ANALYSIS. Attachments: Butterfield Overland Trail - SR Butterfield Overland Trail - Exhibit A Rose Butterfield Overland Trail - Exhibit B Analysis 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 tum it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, March 22, 2016- The Closed Session will be held at 5:00 p.m. and the Regular meeting will be held at 7:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, 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. Susan M. Domen, MMC City Clerk City of Lake Elsinore Page 7 Printed on 3/3/2016 C11Y 01 -. .. L17�1,11"NLSII`lC�I�L. City of Lake Elsinore Regular Agenda Successor Agency BRIAN TISDALE, CHAIR ROBERT MAGEE, VICE -CHAIR DARYL HICKMAN, AGENCYMEMBER STEVE MANOS, AGENCY MEMBER NATASHA JOHNSON, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, March 8, 2016 7:00 PM Cultural Center PUBLIC SESSION at 7:00 PM 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate take destination where all can live, work and play, build futures and fulfill dreams. City of Lake Elsinore Page 1 Printed on 3/3/2016 Successor Agency Regular Agenda March 8, 2016 CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER ROLL CALL 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 tum it in to the City Clerk. The Mayor or City 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) ID# 16-110 Investment Report for October 2015 Recommendation: Receive and File the Investment Report for October 2015. Attachments: SA RDA Investment Staff Report 2015-10 City Investment Report 2015-10 2) ID# 16-111 First Amendment to Public Works' Construction Agreement with AP Construction Group Inc for the Diamond Stadium HVAC Project (CIP Project RDA Z20003) Recommendation: 1. Amend the Public Works' Construction Agreement with AP Construction Group Inc. for the Diamond Stadium HVAC Project (CIP Project RDA Z20003); and, 2. Approve and Authorize the Executive Director to Execute the First Amendment in an Amount Not to Exceed $48,137.95, with AP Construction Group Inc. in the Form and in Such Final Form as Approved by the City Attorney. Attachments: 1st Amendment HVAC Staff Report final 1st Amendment HVAC final 3) ID# 16-112 Affordable Housing Project Proposal Recommendation: Approve the Civic Partners Elsinore LLC Affordable Housing Project Proposal - The Cottages at Mission Trail. Attachments: SA Staff Report - Affordable Housing Proposal.030816 Affordable Housing Project Proposal - March 2016 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Request to Address the City Council tome prior to the start of the City Council Meeting and tum it into the City Clerk. The Mayor or City Clerk will call on you to speak.) City of Lake Elsinore Page 2 Printed on 3/3/2016 Successor Agency Regular Agenda March 8, 2016 ADJOURNMENT The Lake Elsinore Successor Agency meeting of Tuesday, March 22, 2016. and the Regular meeting will be held Main Street, Lake Elsinore. AFFIDAVIT OF POSTING will adjourn this meeting to the next regularly scheduled The Closed Session meeting will be held at 5:00 p.m. at 7:00 p.m. in the Cultural Center located at 183 N. I, Susan M. Domen, MMC, 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. C Susan -M. Domen, MMC City Clerk City of Lake Elsinore Page 3 Printed on 3/3/2016 t r ht �'t.411i1'�11'. Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 1) City of Lake Elsinore Text File File Number: ID# 16-094 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w Jake-elsinoro.org Status: Approval Final File Type: Report --Printed on 3/3/2016 City o1 Lake Elsinore Page 1 ORDINANCE NO. 2016-1351 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 19, CHAPTER 19.08 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS WHEREAS, Chapter 19.08 (Water Efficient Landscape Requirements) of the Lake Elsinore Municipal Code ("LEMC") was most recently revised by the City Council with its approval of Ordinance No. 1269 on December 22, 2009 in compliance with the requirements of the Water Efficiency in Landscaping Act of 2006 (AB 1881); and WHEREAS, on April 1, 2015 the Governor of the State of California issued Executive Order B-29-15 mandating water conservation efforts, including directing California Department of Water Resources ("DWR") to update the State Model Water Efficient Landscape Ordinance; which was subsequently updated DWR and approved by the California Water Commission on July 15, 2105; and WHEREAS, the City of Lake Elsinore is required to take one of the following actions: (1) adopt the State Model Water Efficient Landscape Ordinance ("State Model Ordinance"), (2) amend an existing or adopt a new local ordinance to meet the requirements of the State Model Ordinance, (3) take no action and allow the State Model Ordinance go into effect by default, or (4) allow the State Model Ordinance to go into effect by default and then adopt a local ordinance at a later date; and WHEREAS, the City desires to amend and restate LEMC Chapter 19.08 in order to meet the requirements of the State Model Ordinance; and WHEREAS, on February 23, 2016, at a duly noticed public hearing, the City Council has considered the proposed amendment of Chapter 19.08 as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed amendment and restatement of LEMC Chapter 19.08 and finds and determines that the proposed Water Efficient Landscape Requirements are "at least as effective as" the minimum requirements included in the State's Model Ordinance. SECTION 2. The City Council hereby finds and determines that the proposed amendment of Chapter 19.08 of the LEMC is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. "CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) which exempt actions taken by regulatory CITY COUNCIL ORDINANCE NO. 2016-1351 Page 2 of 19 agencies as authorized by state law or local ordinance to assure the maintenance, restoration or enhancement of a natural resource or the protection of the environment where the regulatory process involves procedures for protection of the environment. As separate and independent grounds, the amendment of Chapter 19.08 is exempt from the application of CEQA by Section 15061(b)(3) (common sense exemption) in that it can be seen with a certainty that there is no possibility that adoption of Municipal Code Amendment No. 2016-02 may have a significant effect on the environment. These findings are based on the fact that the proposed amendment is mandated by the State of California, the revised Chapter 19.08 promotes the conservation and efficient use of a natural resource (water) and that no new development is authorized, no increase in density will occur, and no change in allowed uses is proposed or authorized and no significant physical change in the environment will occur. SECTION 3. Chapter 19.08 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety to read as follows: Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Sections: 19.08.010 Short title. 19.08.020 Purpose and intent. 19.08.030 Definitions. 19.08.040 Applicability. 19.08.050 Provisions for the review and certification of landscaping and irrigation 19.08.060 Project information 19.08.070 Planting plan requirements 19.08.080 Irrigation design plan requirements 19.08.090 Soil management requirements 19.08.100 Grading design plan requirements 19.08.110 Certificate of completion. 19.08.120 Cemeteries, parks and schools. 19.08.010 Short title. This chapter shall be known as the "Water Efficient Landscape Requirements Ordinance." 19.08.020 Purpose and intent. It is the intent of the City Council of the City of Lake Elsinore in adopting the ordinance codified in this chapter to: A. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; B. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; CITY COUNCIL ORDINANCE NO. 2016-1351 Page 3 of 19 C. Reduce water demands from landscapes without a decline in landscape quality or quantity; D Retain flexibility and encourage creativity through appropriate design; E. Establish provisions for water management practices and water waste prevention that eliminate water waste from overspray and/or runoff; F. Use water efficiently without waste by setting a Maximum Applied Water Allowance (MAWA) as an upper limit for water use and reduce water use to the lowest practical amount; G. Assure the attainment of water efficient landscape goals by requiring that landscapes not exceed a maximum water demand of sixty percent (60%) of its reference evapotranspiration (ETO) or any lower percentage as may be required; and H. Achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program. 19.08.030 Definitions. The terms used in this chapter have the meaning set forth below: "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Landscape Irrigation Designer program. "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. "Check valve" or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Controller" means an automatic timing device used to remotely control valves to operate an irrigation system. A "smart irrigation controller" is a weather -based irrigation controller or a self-adjusting irrigation controller. A "weather -based controller" is a controller that uses evapotranspiration or weather data to determine when to irrigate. A "self-adjusting irrigation controller" is a controller that uses sensor data (i.e., soil moisture sensor). CITY COUNCIL ORDINANCE NO. 2016-1351 Page 4 of 19 "Conversion factor (0.62)" means the number that converts acre -inches per acre per year to gallons per square foot per year. "Drip irrigation" means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Effective precipitation" or "usable rainfall' (Eppt) means the portion of total precipitation which becomes available for plant growth. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. "Establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. "Estimated Total Water Use" (ETWU) is estimated water use based upon the types of plant material used in your design (based upon WUCOLS classifications). This cannot exceed the MAWA. "ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.43 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.75. The ETAF for new and existing (non -rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing, non -rehabilitated landscapes is 0.80. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. "Flow rate" means the rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. "Hardscapes" means any durable material (pervious and non -pervious). "Homeowner -provided landscaping" means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for the purposes of this chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner -occupied dwellings. CITY COUNCIL ORDINANCE NO. 2016-1351 Page 5 of 19 "Hydrozone" (HA) means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). "Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by County agricultural agencies as noxious species. "Noxious" weeds means any weed designated by the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. "Irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. Greater irrigation efficiency can be expected from well designed and maintained systems. "Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. "Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. "Landscape architect" means a person who holds a license to practice landscape architecture pursuant to Business and Professions Code section 5615. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not includes footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel, or stone walks, other pervious or non -pervious hardscapes, and other non -irrigated areas designated for non -development (e.g. open spaces and existing native vegetation). "Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscape project" means the total area of landscape in a project as defined in 'landscape area" for the purposes of this chapter. CITY COUNCIL ORDINANCE NO. 2016-1351 Page 6 of 19 "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Local agency" means a city or county, including charter city or charter county, that is responsible for adopting and implementing this chapter. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. "Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes or water slowly at or near the root zone of plants. "Main line" means the pressurized pipeline that delivers water from the water sources to the valve or outlet. "Mass Grading" means the movement of earth by mechanical means to alter the gross topographic features (elevations, slopes, existing contours) to prepare a site for rough and/or precise grading and the construction of infrastructure, facilities and improvements. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET- Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigation with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. "Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. "New construction" means, for the purposes of this Ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. "Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. "Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). CITY COUNCIL ORDINANCE NO. 2016-1351 Page 7of19 "Overspray" means the irrigation water which is delivered beyond the target area. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" or "plant water use factor" (PF) is a factor, when multiplied by ETO, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor for moderate water use plants range from 0.4 to 0.6, for low water use plants range from 0.1 to 0.3, and very low water use plants are less than 0.1. Plant factors cited in this chapter are derived from the Department of Water Resources 2014 publication, "Water Use Classification of Landscape Species." "Precipitation rate" means the rate of application of water measures in inches per hour. "Project applicant" means the individual or entity submitting a landscape documentation package to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. "Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. "Recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface. "Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non -potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Reference evapotranspiration" or 'ETO" means a standard measurement of environmental parameters which affect the water use of plants. ETO is given expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tail, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. Refer to the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. "Rehabilitated landscape" means any re -landscaping project that requires a permit, plan check, or design review. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. CITY COUNCIL ORDINANCE NO. 2016-1351 Page 8 of 19 "Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. "Soil texture" means the classification of soil based on its percentage of sand, silt, and clay. "Special Landscaped Area" (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. "Spiinkler head" means a device which delivers water through a nozzle. "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operate simultaneously. "Swing joint" means an irrigation component that provides a flexible, leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. "Turf means a ground cover surface of mowed grass. Annual blue grass, Kentucky blue grass, Perennial rye grass, Red fescue, and Tall fescue are cool - season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm -season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conserving plant species" means a plant species identified as having a low plant factor. "Watering window" means the time of day irrigation is allowed. "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources (2014 or most current WUCOLS version). 19.08.040 Applicability. This chapter shall apply to all of the following landscape projects: A. New construction and rehabilitated landscapes for public agency projects and private development projects requiring a building or landscape permit, plan check or design review; B. New construction and rehabilitated landscapes which are developer - installed in single-family and multi -family projects requiring a building or landscape permit, plan check or design review; C. New construction and rehabilitated landscapes which are homeowner - provided and/or homeowner -hired in single-family and multi -family residential CITY COUNCIL ORDINANCE NO. 2016-1351 Page 9 of 19 projects when a building or landscape permit, plan check or design review is required. D. Rehabilitated landscapes which are homeowner -provided and/or homeowner -hired for existing single-family residences shall be limited to compliance with the provisions of LEMC 19.08.070, 19.08.080 and 19.08.130. E. New and rehabilitated cemeteries, parks and schools. F. In the event Covenants, Conditions and Restrictions are required by the City of Lake Elsinore for any permit issued in accordance with the Lake Elsinore Municipal Code, a condition shall be incorporated into any project approval prohibiting the use of water -intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape irrigation system management and maintenance consistent with this chapter. This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, Conditions, and Restrictions shall not prohibit use of low water use plants or the replacement of turf with less water intensive plant species. G. The following are exempt from the provisions of this chapter: 1. Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than three years; 3. Mined -land reclamation projects that do not require a permanent irrigation system; and 4. Botanical gardens and arboretums open to the public. 19.08.050 Provisions for the review and certification of landscaping and irrigation. A. An applicant proposing any new or rehabilitated landscape subject to this chapter shall prepare and submit an application to the Community Development Director or designee, for review and approval, documentation including, but not limited to the following: 1. Project information conforming to LEMC 19.08.060; 2. Planting plan conforming to LEMC 19.08.070; 3. Irrigation design plan conforming to LEMC 19.08.080; 4. Soil management plan conforming to LEMC 19.08.090; and 5. Grading design plan conforming to LEMC 19.08.100. B. The planting plan and irrigation plan shall be reviewed to ensure that all components of the plans adhere to the requirements of this chapter. No certificate of occupancy or other final City approval shall be issued until the City reviews and CITY COUNCIL ORDINANCE NO. 2016-1351 Page 10 of 19 approves the landscape and irrigation plans and the landscape and irrigation are installed in accordance with the approved plans and inspected for completion and consistency with approved plan by City staff. A copy of the approved landscape and irrigation plans and conditions of approval shall be provided to the property owner or site manager along with -any other information normally forwarded to the property owner or site manager. 19.08.060 Project information. The applicant shall complete and submit to the Community Development Director or designee a project information sheet containing, at a minimum, the following information A. The date that the project information sheet is submitted. B. The applicant's name and the applicant's contact information. C. The project owner and the project owner's contact information. D. The project address including parcel and lot numbers. E. Total landscape area (square feet). F. Project type (e.g., new, rehabilitated, public, private). G. Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged. H. The water purveyor name and date that information was attained. I. Applicant signature and date with statement "I agree to comply with the requirements of Chapter 19.08 of the Lake Elsinore Municipal Code, as amended from time to time, and to submit a complete Landscape Documentation Package." 19.08.070 Planting plan requirements. A. The "Riverside County Guide to California Friendly Landscaping" ("County Landscaping Guide"), Western Municipal Water District's Water -wise 140, or any other plant list that promotes the use of water efficient or California native plant materials is hereby incorporated by reference to assist with developing water efficient landscapes. Planting plans shall be, to the extent feasible, consistent with the County Landscaping Guide or, upon adoption, the City of Lake Elsinore Landscape Design Guidelines ("City Landscape Guide"). Upon adoption of the City Landscape Guide, planting plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Plant types shall be grouped together in regard to their water, soil, sun, and shade requirements and in relationship to buildings. Plants with different water needs shall be irrigated separately. Plants, or planting areas, with the following classifications shall be grouped accordingly, consistent with the Water Use Classification of Landscape Species (WUCOLS): moderate, low and very low. Deviation from these groupings shall not be permitted. C. Invasive species of plants, such as those indicated in the Riverside County Guide to California Friendly Landscapes and the California Invasive Plant Council, CITY COUNCIL ORDINANCE NO. 2016-1351 Page 11 of 19 shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas. D. All exposed surfaces of non -turf areas within the developed landscape area shall be mulched with a minimum three inch (3") layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one half inches (1 '/z"). E. Stabilizing erosion control products shall be used on slopes. F. Turf areas: 1. Backyard turf areas shall be used in response to functional needs and in compliance with the water budget. 2. Front yards and parkways shall consist of no turf and only have moderate to very low trees, plants, shrubs and groundcovers. G. Recycled water shall be used where available as the source for irrigation and decorative water features. H. Planting Plans shall identify and site the following: 1. New trees, existing trees (designated to be either protected or removed), shrubs, ground covers, and turf areas within the proposed landscape area; 2. Designation of hydrozones; 3. Maximum Applied Water Allowance (MAWA): a. MAWA means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration (ET) - Adjustment Factor and the size of the landscape area. b. Planting Plans for Single-family Residential, Multi -family Residential, Commercial, Industrial and Institutional projects shall be prepared using the following Water Budget Formulas in order to determine the maximum applied water allowance: MAWA (in gallons) _ (ETo) (0.62) [(ETAF x LA)] where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) ETAF = ET Adjustment Factor (0.55 for residential areas and 0.45 for non-residential areas) LA = Landscape Area (square feet). C. Planting Plans for Single-family Residential, Multi -family Residential, Commercial, Industrial and Institutional projects with Special Landscape Areas shall be prepared using the following Water Budget Formulas in order to determine the maximum applied water allowance: CITY COUNCIL ORDINANCE NO. 2016-1351 Page 12 of 19 MAWA (in gallons) = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] where: MAWA = Maximum Applied Water Allowance ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) ETAF= ET Adjustment Factor (0.55 for residential areas an 0.45 for non-residential areas) (ETAF for new and existing SLA's not to exceed 1.0) LA = Landscape Area including SLA (square feet). SLA = Special Landscape Area (square feet) d. For the purposes of determining the Maximum Applied Water Allowance (MAWA), irrigation efficiency is assumed to be 0.75 for overhead sprays and 0.81 for drip. Irrigation systems shall be designed, maintained, and managed to meet or exceed an irrigation efficiency of 0.75 for overhead sprays and 0.81 for drip. 4. Estimated Total Water Use (ETWU): a. ETWU is estimated water use based upon the types of plant material used in your design (based upon WUCOLS classifications). b. For Single-family Residential, Multi -family Residential, Commercial, Industrial and Institutional projects; ETWU for a given hydrozone is calculated as follows: ETWU (in gallons) = (ETo) (0.62) (PF / IE) (HA) where: ETWU = Estimated Total Water Use ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor PF = Plant Factor from WUCOLS HA = Hydrozone Area in square feet. IE = Irrigation efficiency (0.75 for overhead sprays and 0.81 for drip). C. For Single-family Residential, Multi -family Residential, Commercial, Industrial and Institutional projects with Special Landscape Areas; ETWU for a given hydrozone is calculated as follows: ETWU (in gallons) = (ETo) (0.62) [(PF / IE) (HA) + (1 x SLA)] where: ETWU = Estimated Total Water Use ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor CITY COUNCIL ORDINANCE NO. 2016-1351 Page 13 of 19 and 0.81 for drip). PF = Plant Factor from WUCOLS HA = Hydrozone Area (square feet). IE = Irrigation Efficiency (average of 0.75 for overhead sprays SLA = Special Landscape Area (square feet) d. Landscaping plans shall provide ETWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all ETWU calculations shall not exceed the MAWA for the project. e. The plant factor used shall be from the Water Use Classification of Landscape Species (WUCOLS). The plant factor for moderate water use plants range from 0.4 to 0.6, low water use plants range from 0.1 to 0.3, and very low water use plants are less than 0.1. f. All water features, such as fountains, shall be included in the water use calculations and shall be indicated as a high water use hydrozone. 19.08.080 Irrigation design plan requirements. A. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.75 for overhead sprays and 0.81 for drip. B. All irrigation systems shall be designed to prevent runoff, over -spray, lowhead drainage and other similar conditions where water flows off-site on to adjacent property, non -irrigated areas, walk, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. C. Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. The irrigation controller shall be of a type that does not lose programming data in the event the primary power source is interrupted. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology (i.e., soil moisture sensors) may be required, where necessary, at the discretion of the City. 1. Water systems for common open space areas shall use non - potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non -potable water system shall be provided within the landscape plan. Water systems designed to utilize non -potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board, the Riverside County Health Department, and the water purveyor. D. Separate valves shall be provided for separate water use planting areas, so that plants with similar, water needs may be irrigated by the same irrigation valve. All CITY COUNCIL ORDINANCE NO. 2016-1351 Page 14 of 19 installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency. E. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation. F. The capacity of the irrigation system shall not exceed: 1. the capacity required for peak water demand based on water budget calculations; 2. meter capacity; or 3. backflow preventer type and device capacity. G. Sprinkler heads and other emission devices shall have matched precipitation rates. H. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. I. Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the submittal, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. J. Long -narrow, or irregularly shaped areas including turf less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or low- volume irrigation technology. K. Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. Allowable irrigation within the setback from non -permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer specifies an alternative design or technology, as part of the submittal and clearly demonstrates strict adherence to the irrigation design plan requirements. Prevention of overspray and runoff must be confirmed during the irrigation audit. L. Overhead irrigation shall be limited to the hours between 6 p.m. and 6 a.m. M. All irrigation systems shall be equipped with the following: 1. A smart irrigation controller as noted in LEMC 19.08.080.C, CITY COUNCIL ORDINANCE NO. 2016-1351 Page 15 of 19 2. A rain sensing device to prevent irrigation during rainy weather; 3. Anti -drain check valves installed at strategic points to minimize or prevent low -head drainage; 4. A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; 5. A mainline pressure regulator when the static water pressure is 15% above or below the recommended operating pressure of the irrigation system; 6. Backflow prevention devices; and 7. Riser protection components for all risers in high traffic areas. N. Dedicated landscape water meters shall be required for all projects with a landscape area equal to or greater than 5,000 square feet. Single-family residences and properties used for the commercial production of agricultural crops or livestock are exempt from this provision. 19.08.090 Soil management plan requirements. A. After mass grading, the project applicant or designee shall: 1. Perform a preliminary site inspection; 2. Determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s); 3. Conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and 4. Obtain appropriate soil sample(s). B. The project applicant or designee shall submit soil sample(s) to laboratory for analysis and recommendation. The soil analysis shall include, to the extent applicable: rate tables; 1. Soil texture; 2. Infiltration rate determined by laboratory test or soil texture infiltration 3. pH; 4. Total soluble salts; 5. Sodium; and 6. Recommendations. C. The project applicant or designee shall prepare documentation describing the following: 1. Soil type; 2. Identification of limiting soil characteristics; and CITY COUNCIL ORDINANCE NO. 2016-1351 Page 16 of 19 3. Identification of planned soil management actions to remediate limiting soil characteristics D. The project applicant or designee shall submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the Director of Community Development or designee pursuant to the requirement of LEMC 19.08.110. E. Incorporate compost at a rate of at least 4 cubic yards per 1000 square feet to a depth of 6" into landscape areas (unless otherwise directed in site agronomic soils report) F. In project with multiple landscape installations, (i.e. production home developments), a soils sample rate of 1 in 7 lots, or approximately 15%, will satisfy the agronomic soils report requirement. 19.08.100 Grading design plan requirements. If applicable, the landscape documentation package shall include rough/precise grade elevation prepared for the project by a licensed civil engineer. 19.08.110 Certificate of completion. A. Certificate of Completion Requirements. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a Certificate of Completion shall be submitted to the City certifying that the landscaping has been completed in accordance with the approved planting, irrigation, plans for the project. The Certificate of Completion shall be signed by a licensed landscape architect and Certified Irrigation Auditor and shall include: 1. Date of the inspection; and 2. Project information including: a. Project name; b Applicant's name, telephone, and mailing address; c. Project address and location; d. Property owner name and mailing address. 3. A statement that prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached to the certificate of completion). 4. A statement that the landscape has been installed in conformance with the approved planting and irrigation plans; 5. An Irrigation audit report performed by a certified irrigation auditor after project installation (audit report shall be attached); 6. A statement that the smart irrigation controller has been set according to the irrigation schedule; CITY COUNCIL ORDINANCE NO. 2016-1351 Page 17 of 19 7. A statement that the irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; 8. A statement confirming that a copy of the approved landscape documentation package, the irrigation schedule, and the maintenance schedule has been given to the property owner and local water purveyor. 9. Verification that the maintenance schedule has been provided to the Director of Community Development or designee. B. Irrigation Audits .At a minimum, all landscape irrigation audits shall comply with the Irrigation Association's "Certified Landscape Irrigation Auditor Training Manual" and shall be conducted by a certified landscape irrigation auditor. Any Landscape Irrigation Auditor performing audits shall maintain a current certification. C. Inspections. The Director of Community Development or designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping, to conduct inspections for the purpose of enforcing this chapter. 19.08.120 Cemeteries, parks and schools. Recognizing the special landscape management needs of new and rehabilitated cemeteries, parks and schools; A. New cemeteries, parks and schools shall comply with the provisions of LEMC 19.08.050, 19.08.060, 19.08.070, 19.08.080, and 19.08.130 and use the following for MAWA and ETWU formulas: Planting Plans for new cemeteries, parks and school projects shall be prepared using the following Water Budget Formulas in order to determine the maximum applied water allowance: MAWA (in gallons) _ (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] where: MAWA = Maximum Applied Water Allowance ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) ETAF= ET Adjustment Factor (0.55 for residential areas an 0.45 for non- residential areas) (ETAF for new and existing SLA's not to exceed 1.0) LA = Total Landscape Area including SLA (square feet). SLA = Special Landscape Area (square feet) For new cemeteries, parks and school projects; ETWU for a given hydrozone is calculated as follows: ETWU (in gallons) _ (ETo) (0.62) [((PF / IE) (HA) + (1 x SLA)] where: ETWU = Estimated Total Water Use ETo = Reference Evapotranspiration (inches per year) CITY COUNCIL ORDINANCE NO. 2016-1351 Page 18 of 19 0.62 = Conversion Factor PF = Plant Factor from WUCOLS HA = Hydrozone Area (square feet). IE = Irrigation Efficiency (0.75 for overhead sprays and 0.81 for drip). SLA = Special Landscape Area (square feet) B. Existing cemeteries shall comply with LEMC 19.08.130. 19.08.130 Water conservation requirements. The following water conservation requirements are intended to avoid water waste, are effective at all times, and are permanent: A Limits on Watering Hours. Watering or irrigation of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m, on any day, except by use of a handheld bucket or similar container, a handheld hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Overhead irrigation shall be limited to the hours of 6:00 p.m. to 6:00 a. m, B. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. C. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a handheld bucket or similar container, a handheld hose equipped with a positive self-closing water shut-off device, a low volume, high pressure cleaning machine equipped to recycle any water used, or a low volume high pressure water broom. D. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected, and in no event more than seven days, is prohibited. 19.08.140 Coordination with water purveyors. The City of Lake Elsinore will coordinate with local water purveyors to identify programs that enhance and encourage landscape water use efficiency such as: A. Tiered water rate structure; B. Allocation -based conservation water pricing structure; C. A rate structure at least as effective as the above options; D. Irrigation audits and/or irrigation surveys; CITY COUNCIL ORDINANCE NO. 2016-1351 Page 19 of 19 E. Penalties for water waste. SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 5. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 231d day of February 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 8'h day of March 2016. Brian Tisdale Mayor ATTEST: Susan Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney l.. dihtiS>' Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 16-095 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 l Printed on 31312016 CITY OF LAKE LSIIYOIZE --`4�Z- DREAM LXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: INVESTMENT REPORT— OCTOBER 2015 Recommendation Staff recommends that the City Council receive and file the Investment Report for October 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: Jason P. Simpson Director of Administrative Services Approved By: Grant M. Yates City Manager Attachments: Investment Report for October 2015 CITY OF i LADE LSIf10 KE DREAM EXTREME - CITY OF LAKE ELSINORE INVESTMENT REPORT OCTOBER 2015 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF OCTOBER 31, 2015 INVESTMENTS City Investments: City Local Agency Investment Fund 11,843,550 - - 11,843,550 City Local Agency Investment Fund for the PFA 329,302 - - 329,302 City CAMP Investments: BANK DEPOSITS OUTSTANDING BOOK CASH ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank Accounts: 290,464 Federal Agency Collateralized Mortgage Obligation 404,003 - - 404,003 General Checking Account $ 3,730,071 $ 523,778 $ (464,113) $ 3,789,736 Cash On Hand: Certificate of Deposit 2,800,000 - - 2,800,000 Housing CAMP Investments: Cashier Drawers #1 & #2 - - - 300 City of Lake Elsinore Petty Cash Fund - - - 1,000 Total Cash Accounts 3,730,071 523,778 (464,113) 3,791,036 INVESTMENTS City Investments: City Local Agency Investment Fund 11,843,550 - - 11,843,550 City Local Agency Investment Fund for the PFA 329,302 - - 329,302 City CAMP Investments: CAMP Pool Account 39,936 - - 39,936 U.S. Treasury Bond / Note 10,759,411 - - 10,759,411 Municipal Bond / Note 290,464 - - 290,464 Federal Agency Collateralized Mortgage Obligation 404,003 - - 404,003 Federal Agency Bond / Note 6,528,620 - - 6,528,620 Corporate Note 8,695,417 - - 8,695,417 Certificate of Deposit 2,800,000 - - 2,800,000 Housing CAMP Investments: Housing CAMP Pool Account 2,453 - - 2,453 Housing U.S. Treasury Bond / Notes 2,342,132 - - 2,342,132 Housing Municipal Bond / Notes 30,084 - - 30,084 Housing Federal Agency Collateralized Mortgage 70,701 - - 70,701 Housing Federal Agency Bond / Notes 938,999 - - 938,999 Housing Corporate Notes 1,423,949 - - 1,423,949 Housing Certificate of Deposit 200,000 - - 200,000 Successor Investments: Successor Local Agency Investment Fund 90,362 - - 90,362 Successor CAMP Investments: Successor CAMP Pool Account 59,634 - - 59,634 Successor U.S. Treasury Bond / Notes 2,333,314 - - 2,333,314 Successor Municipal Bond / notes 30,084 - - 30,084 Successor Federal Agency Collaterized Mortgage 70,701 - - 70,701 Successor Federal Agency Bond / Notes 1,163,811 - - 1,163,811 Successor Corporate Notes 1,339,397 - - 1,339,397 Successor Certificate of Deposit 200,000 - - 200,000 Sub -total Investments 51,986,321 - - 51,986,321 Market Value Adjustment: Unrealized Gain/ (Loss) at 06-30-15 City 4,631 - - 4,631 Unrealized Gain/ (Loss) at 06-30-15 SARDA 13,632 - - 13,632 Total Unrealized Gain/ (Loss) at 06-30-15 per GASB 31 18,263 - - 18,263 Total Investments 52,004,584 - - 52,004,584 Total Pooled Cash and Investments $ 55,734,654 $ 523,778 $ (464,113) $ 55,795,619 TOTAL POOLED CASH AND INVESTMENTS _15 5 795 619 1 certify that this report accurately reflects all pooled investments and it is in conformity with the investment policy as approved by the City Council on June 9, 2015. 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 February 29, 2016 Director of Administrative Services Date CITY OF LAKE ELSINORE LOCAL AGENCY INVESTMENT FUND TRANSACTION SUMMARY FOR THE MONTH ENDING OCTOBER 31, 2015 Interest Rate Purchase Date Maturity Rate 0.357% Daily 24 -Hour Agency Beginning Balance Net Increase/(Decrease) Ending Balance City $ 11,843,550 $ - $ 11,843,550 City for the PFA $ 329,302 $ - $ 329,302 Successor Agency $ 90,362 $ - $ 90,362 Total Investments Held with Local Agency Investment Fund: $ 12,263,213 $ - $ 12,263,213 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF OCTOBER 31, 2015 FUND NO FUND NAME AMOUNT 100 General Fund $ 9,067,346 101 Supplemental Law Enforcement Fund 39,618 104 Traffic Offender Fund 24,754 106 Affordable Housing In Lieu Fund 2,578,809 107 Developer Agreement Revenue 1,320,203 110 State Gas Tax Fund 1,709,513 112 Measure AFund 1,111,875 114 S131186 CASP Education Program Fund 4,370 115 Traffic Safety Fund 86,645 116 City Hall -Public Works DIF Fund 1,009,634 117 Community Center DIF Fund 425,726 118 Lake Side Facility DIF Fund 733,536 120 Camino Del Norte DIF 36,533 121 T.R.I.P.-2014A 629,772 135 Lighting & Landscape Maintenance Fund - Dist. No. 1 351,056 140 Geothermal Fund 19,596 155 CSA152 -- N.P.D.E.S. 94,646 201 Street C.I.P. Fund 97 204 Signal C.I.P. Fund 802 205 Traffic Impact Fee Fund 3,271,987 211 Storm Drain C.I.P. Fund 3,436,401 221 Quimby Park C.I.P. Fund 22,063 231 Library C.I.P. Fund 1,651,813 232 City Fire Protection Fund 63,293 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 126,253 268 CFD 2006-2 Viscaya Improvement 216 271 CFD 2005-1 Serenity Improvement 171 330 CFD 2015-2 Maintenance Services 4,730 332 CFD 2006-1 Improvement Area 13, Summerly 43,112 333 CFD 2015-3 Terracina 25,000 342 CFD 2007-5 Red Kite Service Fund 1,320 343 CFD 2006-25 Viscaya Services 396 345 CFD 2003-25 Improvement Area D, Canyon Hills 188,361 346 CFD 2014-1 Southshore Debt Service Fund 62,061 347 CFD 2006-1 Improvement Area A, Summerly 25,866 348 CFD 2003-2 Improvement Area C, Canyon Hills 80,498 349 CFD 88-3 (201313) Debt Service Fund 35,821 350 CFD 98-1 Summerhill Debt Service Fund 158,410 352 AD 86-1 Debt Service Fund 627,992 354 CFD 90-2 Successor RDA Debt Service Fund 112,229 357 CFD 2003-2 Canyon Hills Debt Service Fund 312,158 366 CFD 2005-6 City Center Townhomes Debt Service Fund 19,940 367 CFD 2005-3 Summerly Debt Service Fund 88,527 3of5 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF OCTOBER 31, 2015 FUND NO FUND NAME AMOUNT 368 CFD 2006-2 Viscaya Debt Service Fund 100,493 369 CFD 2004-3 Area 1 Rosetta Canyon Debt Service Fund 87,269 371 CFD 2005-1 Serenity Debt Service Fund 105,600 372 CFD 2005-2 Alberhill Ranch Debt Service Fund 414,100 373 CFD 2005-5 Wasson Canyon Debt Service Fund 1,288 374 CFD 2005-4 Lakeview Villas Debt Service Fund 44,251 375 CFD 2006-4 Tract No. 30698 & 32129 Debt Service Fund 16,515 376 CFD 2006-3 La Strada Debt Service Fund 21,504 377 CFD 2006-6 Tessara Debt Service Fund 10,051 378 CFD 2006-8 Tract No. 31957 Debt Service Fund 46,110 382 CFD 2006-9 Trieste Debt Service Fund 31,570 384 CFD 2003-2 Area B Canyon Hills Debt Service Fund 266,872 385 CFD 2004-3 Area 2 Rosetta Canyon Debt Service Fund 357,977 386 CFD 2007-4 Mekenna Debt Service Fund 9,271 387 CFD 2007-5 Red Kite Debt Service Fund 59,390 388 CFD 2007-6 Holiday Inn Debt Service Fund 3,804 392 CFD 95-1 City Center Debt Service Fund 24,172 393 AD 93-1 Debt Service Fund 12,907 394 CFD 2005-5 (2012A) Wasson Canyon Debt Service Fund 210,832 510 Successor Agency RDA Areal 1,731,848 520 Successor Agency RDA Area II 4,325,683 530 Successor Agency RDA Area 111 1,356,993 540 Successor Area RDA Diamond Stadium 1,656,398 604 Endowment Trust Fund 11,014 605 Public Improvement Trust Fund 781,740 606 Mobile Source Air Polution Reduction Fund 171,751 608 Trust Deposit & Pre Paid Expense Fund 1,643,281 617 Successor Agency Housing Fund 10,931,592 620 Cost Recovery System Fund 1,159,788 631 Lake Destratification Equipment Replacement Fund 178,102 723 LEPFA 2008 Series A 3,578 731 LEPFA 2011 Series B 2,707 734 LEPFA 2013 Series C 408,580 780 LEPFA General 93,280 Total Pooled Cash & Investments $ 55,795,619 4of5 CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS FOR THE MONTH ENDING OCTOBER 31, 2015 LAIF (Local Agency Investment Fund) 23.59% UNLIMITED Current Balance $ 12,263,213 CAMP - Pooled Sweep Account 0.20% UNLIMITED Current Balance $ 102,023 TOTAL 100.00% $ 51,986,321 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 and Successor Agency CAMP Portfolios. DIVERSIFICATION MAXIMUM TYPES OF SECURITIES PERCENTAGE PERCENTAGE U.S. Treasury Bills 0.00% UNLIMITED U.S. Treasury Bond / Note 29.69% UNLIMITED Current Balance $ 15,434,857 Municipal Bond / Note 0.67% UNLIMITED Current Balance $ 350,632 Federal Agency Collaterized Mortgage Obligation 1.05% 40.00% Current Balance $ 545,404 Federal Agency Bond / Note 16.60% UNLIMITED Current Balance $ 8,631,429 Banker's Acceptance 0.00% 40.00% Certificates of Deposit 6.16% 25.00% Current Balance $ 3,200,000 Negotiable Certificates of Deposit 0.00% 30.00% Commercial Paper 0.00% 15.00% Corporate Note 22.04% 30.00% Current Balance $ 11,458,762 Repurchase Agreements 0.00% UNLIMITED Reverse Repurchase Agreements 0.00% 20.00% LAIF (Local Agency Investment Fund) 23.59% UNLIMITED Current Balance $ 12,263,213 CAMP - Pooled Sweep Account 0.20% UNLIMITED Current Balance $ 102,023 TOTAL 100.00% $ 51,986,321 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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W+ v v v > o d v v m U' ti ti O C O O O O E V) - C O N O O O a N W o o o c Y � a b O E Wi o a LL c au LU y H N N 1 �e L 12 LL u w v i i N u LLJ K Y � z � -`f LO LU W c u ` LL v m --s — - - — - .u'.. A O v - ? C om- � �0000000 a 0 T N a0 U Q ut �A m 3 R 7 Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 16-096 Version: 1 130 South Main Street Lake Elsinore, CA 92630 w Jake-eIsnore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 3/3/2016 CITY OF LAISE 67! LSII 0 R ' DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: March 8, 2016 SUBJECT: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACTOR SERVICES AGREEMENT BETWEEN MAPLES & ASSOCIATES AND THE CITY OF LAKE ELSINORE. Recommendation Authorize the City Manager to execute a Contractor Services Agreement by and between Maples and Associates and the City of Lake Elsinore in an amount of $72,546.25 for the purchase and installation of City Park LED Lighting, in a form as approved by the City Attorney. Background On December 9, 2014 the City Council approved a State of California Grant award to improve various recreational facilities in the City Lake Elsinore. The Housing Related Parks Program Grant administered through the California Department of Housing and Community Development awarded local governments that approve affordable housing for lower- income household and are in compliance with State housing element law with grant funds to create or rehabilitate parks. Discussion This contractor services agreement will purchase and install LED lights in City Park to include the following detail: ■ Add (12) New 12' Light Poles With LED Heads • Install a 100 amp 240 -Volt Single Phase Outdoor Meter & Pedestal • Underground Conduit and Electrical Circuits per Electrical Plan • Remove Old Wood Electrical Light Poles City Park Improvements — Electrical — Maples and Associates March 8, 2016 Page 2 Maples and Associates is a City approved on call contractor and has provided a very competitive proposal satisfying all the requirements of the electrical plan and City Park improvement scope of work in accordance with the California Housing Related Parks Program Grant. Although Maples and Associates is an approved City on-call contractor, Staff pursued an additional quote from another reputable local area contractor. This quote was significantly higher at $158,640.00. Upon approval of this agenda item and contract execution, work will begin immediately in order to satisfy the Parks Program Grant funding draw -down deadline of April 30, 2016 and the project completion and expenditure deadline of June 30, 2016. Fiscal Impact Sufficient budget is contained in the current Capital Improvement Program for this project. A total grant amount of $1,102,450.00 was awarded by the California Department of Housing and Community Development for Yarborough and City Park improvements. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant M. Yates City Manager Attachments: Contractor Services Agreement (PDF) AGREEMENT FOR CONTRACTOR SERVICES Maples and Associates City Park City Park LED Lighting This Agreement for Contractor Services (the "Agreement") is made and entered into as of March 8, 2016 by and between the City of Lake Elsinore, a municipal corporation ("City") and Maples and Associates ("Contractor"). RECITALS The City has determined that it requires the purchase and install of LED lights in City Park to include the following detail: • Add (12) New 12' Light Poles with LED Heads • Install a 100 amp 240 -Volt Single Phase outdoor meter/pedestal • Underground Conduit and Electrical Circuits per Electrical Plan • Remove Old Wood Electrical Light Poles Contractor has submitted to City a proposal, dated 2/23/2016 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. A. 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. B. 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 Maples Agreement City Park Electrical Page 1 Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. 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). 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 two thousand five hundred and forty six dollars and twenty five cents ($72,546.25) 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 PaVment. 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. Reserved. 6. 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 (1 D) days priorwritten 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. 7. 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 Page 2 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 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. 8. 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 Page 3 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 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. 9. 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. 10, 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. 11. 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 12. 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. 13. 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. 14. 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 Contractorto 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. 15. 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. 16. 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. 17. 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: Maples and Associates Attn: Mike Maples 24911 New Clay Street Murrieta CA 92592 (951)491-9562 18. 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. 19. 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. 20. 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 Page 7 City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. 28. 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 Page 8 Contractor, to solicit or secure this Agreement. Further, Contractor 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 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. 29. 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. 30. 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 failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 31. 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" "CONTRACTOR" CITY OF LAKE ELSINORE, a municipal Maples and Associates corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Contractor's Proposal By: Mike Maples Its: Owner Page 10 EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] y -{ r KQ �� 0 0 'I I ��°°°corcQ o°aha` oQQ '�\ moFQOttrc� �z Qd -ip I ao/ QaNp rc° oa <°a m O ` ry o.. H } m� °°a '��ox a li N v oa - o x Y.w Jua° izO >°NJ ° ll � ° Na" JUtt6i "£QoaQ rcmuy w O . 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VlX'dOdP7V')`ffiIONIS73']NV'I d0 All') SINAINAWIdNI NAWAIL � 6uuaaw6ug pgj �s aq� i a,o�c,�za,ccroscs.i .m•>=� e:.,.,=,o .=�,��w o,�„d u o.�aa ,ro ac. � a�ozn..� >�=c.na , w�av ar3 ee_ - o = o - a z a,o�c,�za,ccroscs.i .m•>=� e:.,.,=,o .=�,��w o,�„d u o.�aa ,ro ac. � a�ozn..� >�=c.na , w�av ar3 ee_ V1NB0ffi'7VO `3MON1S'IH 37147 30 A11O S,Lri9WAO'ddW1 MW AID s o i �rrir;s * ii K atE F - __ o fi frfiF-37 r,Y g n n - '.� 2 Y _ _ T e f 4 % ` _ y 2 - x EYe _ 2j S_ 3 F p 5 8 e d ? c 2 ! g' d. t} _ m e c a a E b Fg _ tE FL F F S - ITD c gz y £ F A .� _..« .d �.c mom tauamsca vepmeY eymuo =ouwm n�wme necwae uw aau smndz.i i o.aa. wvay.e.3vea 2 EYe _ 2j S_ 3 F p 8 d g' d. t} _ m s E _ tE FL F 3. - ITD c gz y £ F A .� _..« .d iZT'nT 8 $ fi c -8 - 8 E A F § E 6 g tm _ ... _.ate �.< -a��. _.,.. . _. 8'.. �.c mom tauamsca vepmeY eymuo =ouwm n�wme necwae uw aau smndz.i i o.aa. wvay.e.3vea 2 EYe _ k 8 t} _ m s E _ tE FL F ITD y A �.c mom tauamsca vepmeY eymuo =ouwm n�wme necwae uw aau smndz.i i o.aa. wvay.e.3vea Michael P Maples M a p i e 5 and A S 5 o C I a t e 5 Buikltug A Legacy Since 1985 z E General Building / Engineering Contactor 951-491-9562 e � o Proposal# 02232016 PPOjeet: City Park Electrical Upgrade City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Attn: Mr. Gus Patagolos Date 02/23/2016 P.O. No. Maples and Associates. 24911 New Clay Street Murrieta, CA 92562 Phone: 951 491-9562 Lic.# 701704 02232016 icope of Work: Furnish Materials and Labor to perform the following: To add (12) New 12' Steel Light poles with LED Heads. (See Attached Details) Add a 100 amp 240 -Volt Single Phase outdoor meter/pedestal and run conduit and circuits per plan. Remove old wood electrical poles and dispose. Total price for labor and materials: $72,546.25 2+91 1 New Cla'q Street Murrieta, California t ri ftE. ti I I i�:?lil:: Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 4) City of Lake Elsinore Text File File Number: ID# 16-097 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 3/3/2016 CITY OF ice, LADE t�-29LSIROF,E '%� DREAM vTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: APPROVE PURCHASE OF BENCHES, TABLES, AND TRASH ENCLOSURES FOR ROSETTA CANYON PARK PHASE 2 PROJECT Recommendation 1. Staff recommends that the City Council authorize the City Manager to sign and issue a purchase orders for $64,994.40 to QCP Quick Crete Products Corp ("QCP"). 2. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for purchases from the (1) QCP since it is QCP benches, tables, and trash enclosures (designed and built) they installed at under Phase 1 at Rosetta Canyon Park in 2009. To utilize other vendors would likely require a significant investment and staff desires to have the products match the existing amenities. Background The City has continually used Quick Crete Products Corp. to provide branded concrete products such as, picnic tables, benches, trash cans and monument signs at all City parks. Quick Crete Products Corp. will be able to deliver the product in late June. This purchase is part of the Rosetta Canyon Park Improvements Phase 2 project. SALES TAX EXTENDED LOCATION DESCRIPTION QTY UNIT PRICE AMOUNT (8%) AMOUNTDUE Rosetta Canyon Sports Park Tables 20 $ 1,7.58.00 $ 23,160.00 $ 1,852.80 $ 25,012.80 Benches 20 $ 1,161.00 $ 23,220.00 $ 1,857.60 $ 25,077.60 Trash Containers 20 $ 690.00 $ 13 800.00 $ 1,104.00 $ 14,904.00 TOTALS $ 60180.00 $ 4,814,40 $ 66,994.40 QCP Quick Crete Products March 8, 2016 Page 2 of 2 Fiscal Impact The benches, tables, and trash enclosure items are funded through the CIP Rosetta Canyon Park Improvements Project. Wavier of Competitive Bidding Procedures Pursuant to Section 3.08.070(G) of the Municipal Code, the City Council has the discretion to waive the competitive bidding requirement that would otherwise be utilized for this purchase. The system benefits outlined above and the fact that these products are available through our previously selected provider and to switch to another vendor would require a significant investment that far exceeds the investment made already with existing providers, staff recommends that the City Council waive the competitive bidding pursuant to Municipal Code Section 3.08.070(G) and allow the City Manager to contract directly with QCP as outlined in this agenda report. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Exhibit A m i OmCO U LAN^ 2 -OBD cpm OO r D Z Z C Z Dr7_ D O Z crOO ZO ~ pr- r*It+, y0D 0 r til X n fa i cv O p yOlc,aOC OO rn x b x c> C O Ind O O >Emm Z y Z A. mM _im NO � N 1m 0 In r z N �O al!J x w i V I d , I',- I—, K � .� �'.. 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I INI mE CONSTRUCTION PLAN FILE NO, SHEET PRODUCTS c C, R P. ----- __.. _._.... _ BG871 1 s PAR B a 16 a s �• Owm PALM SERIES BENCH 01-PS84D (MODIFIED) jmqx`q��1/09 39 NORCO, CAx92880 i mM —._.... OF u 737-6240 WW,QVI FAC (93 1) 797-%092 WWW.QOICK X(936, COM WNL rWKc ROSETTA CANYON ..._ .�8 FIRE STATION & PARK 1.6 C m 0�X 0 vop 10 u. g'•'�'µ I of D Mom 0 0 ADr'N a - n¢Iw C -u,oX r o mC70Z©C m D r N c) N -inD O DI s .`iaQ N _ ro -i CD D �N p r f~'t f~'1 ;� y m A C N p 36 ZmLo Z mOI�Iz �c LNry �O m .O Zf�'1 X0 r Z 0 mO -1O W O in i -Sm ooJ m v m A D K .v ro <m 1 OF N ORCO, CO. 28 80 51)7S7.6240 r -- --- — --- c�1 Z N D \ a FAX (950 797-7092 W W W.O U I C K C R E T E. C O M D D�� �O n0 oa rs )i z m W N T GI 1 fln C— z o\C 10 (ll = k m A ��0 m m u. g'•'�'µ nro cn OALnN000-0'� ox1 D Mom 0 0 ADr'N a - n¢Iw C -u,oX r o mC70Z©C m D r 09/21/09 c) N -inD O DI s .`iaQ N _ ro -i CD D �N p r f~'t f~'1 ;� y m A C N p 36 ZmLo Z mOI�Iz �c LNry �O m .O Zf�'1 X0 r Z 0 mO -1O W O in i -Sm ooJ m v m A D K .v ro <m 1 OF N ORCO, CO. 28 80 51)7S7.6240 r -- --- — --- Z N D \ a FAX (950 797-7092 W W W.O U I C K C R E T E. C O M D D�� �O n0 oa rs )i z m W a� C— z o\C (ll = k m A ��0 m m �m D 7- DICK CRETE PM CONSTRUCTION PLAN .. n¢Iw SHIG z m m D 09/21/09 86872-2 PRODUCTS C ORP. ___ _.__. __..----------- _._ __.. ..._.. 73 7 8, P A R K R I o" E "" E. ��0„��r I PIECE PICNIC TABLE (Q-LDT 96PT) (MODIFIED)%2 CIO M M K .v ro 1 OF N ORCO, CO. 28 80 51)7S7.6240 r -- --- — --- cn�n,. OON FAX (950 797-7092 W W W.O U I C K C R E T E. C O M D ROSETTA CANYON FIRE STATION 00 )i C— y y 0 (ll = k m A ��0 m m D l_ 1 L7 v DICK CRETE PM CONSTRUCTION PLAN onh n¢Iw SHIG Ui 09/21/09 86872-2 PRODUCTS C ORP. ___ _.__. __..----------- _._ __.. ..._.. 73 7 8, P A R K R I o" E "" E. ��0„��r I PIECE PICNIC TABLE (Q-LDT 96PT) (MODIFIED)%2 M M AR63 9O ro 1 OF N ORCO, CO. 28 80 51)7S7.6240 r -- --- — --- (� FAX (950 797-7092 W W W.O U I C K C R E T E. C O M l` ROSETTA CANYON FIRE STATION & PARK C— D Z G m It t li DICK CRETE PM CONSTRUCTION PLAN onh n¢Iw SHIG Ui 09/21/09 86872-2 PRODUCTS C ORP. ___ _.__. __..----------- _._ __.. ..._.. 73 7 8, P A R K R I o" E "" E. ��0„��r I PIECE PICNIC TABLE (Q-LDT 96PT) (MODIFIED)%2 M M AR63 9O 1 OF N ORCO, CO. 28 80 51)7S7.6240 r -- --- — --- (� FAX (950 797-7092 W W W.O U I C K C R E T E. C O M l` ROSETTA CANYON FIRE STATION & PARK INSTALLATION IS REQUIRED BY OTHERS. ALL EDGES TO HAVE 1/4" RADIUS MIN" MANUFACTURING TOLERANCE 1-1/4". * PRODUCT: CS—NP)4+36W—A19_�MODIFIED QUANTITY: 12 * CONCRETE COLOR:(3—LATTE * CONCRETE TEXTURE: 1-2—LSB LID COLOR: GREEN LID MATERIAL: STFEI,. SEALER: STANDARD GLOSS SEALER * Sl 1) DRAIN NlIl 1/2„ A19 LID W/ 21"L. SECURITY STEEL CABLE & TA66PER PROOF L90CL C7 DETAIL "A" APROX. WT. 975 Lbs. (CUSTOMER TD CULOAo IF OVER 9000 Lbs.) Authorized £Tgnnfure Da©- By signing above or stamping this drawing "approved" or no exception taken" authorization is given to Quick Crete to produce this drawing as shown within a 1/4" tolerance. 19 3/4"LD II,... DETAII. "A" _ 112 REL'AR TYP, VERT. & HDR17.. I_ 4" 23 GAL. PLASTIC _ LINER (QR-PL2.7A) -� 25 1/2"HT. x 16'W. KNOCKOUT ON FOUR SIDES 7YP, PLAN __VIEW 24" 50. LID "Ai9" <r I --------------- 2 .7/0., (2)9 7/4"W, s 17"HT. 2, DIA. DRAIN HOLF CAST -IN CITY LOGOS C9 100' APART SECTIONVIE_WINSET: t1/8"DEEP CENTERED IN KNOCKOUT (UNPAINTED) L� W 12 (LID AN) 19 5/8"0.0. x 12"I.D. STEEL FUNNEL LID 12 SECURITY CABLE & 001.1 12 (OR-PL27A) IMP x 27 -HT. 23 GAL, ME. LINER I. QUICK CRETE PRODUCTS CORP. 73 1 PARKIRIDISIX AVE N oRGO, CA 92600 (951) 797-8240 FAX (951) 79770 2D"GOT. C, D, —_.__—._-I ELEVATIONVIEW CONSTRUCTION PLAN °^"'T nfLT 1me: 0`�2172-3 J R• rnuouc0 say.c:m: NEWPORT WASTE CONT. (QS-NP2436W-A19)(MODIFIED) 1^ •M, - aF- 92 PROJECTt"CROSETTA CANYON FIRE STATION & PARK 16 t Kk j',�1.aIP§( kl: Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 5) City of Lake Elsinore Text File File Number: ID# 16-098 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 3/3/2016 CITY OF LAI1E ; LSIriORE DREAM EXFREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: March 8, 2016 SUBJECT: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A BEYOND FRAMEWORK FUND PROGRAM FUNDING AGREEMENT BY AND BETWEEN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG") AND THE CITY OF LAKE ELSINORE Recommendation Authorize the City Manager to execute a Beyond Framework Fund Program Funding Agreement by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and The City of Lake Elsinore. Background This Agreement is intended to distribute Program Funds to the City for Rosetta Canyon Park - Artificial Turf, (the "Project") shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Sustainability Framework Goals Discussion On December 8, 2015, the City Council awarded a $1.2 million artificial turf installation for Rosetta Canyon Park for five (5) ball fields and one (1) football/soccer field encompassing approximately 181,000 square foot. The award was after a competitive bid process. The $83,238 would help fund the cost of the turf installation scheduled for March and April 2016. The park should be fully completed and open by July/August 2016. Direct Construction costs for the installation of the synthetic turf is approximately $1.2 million. The City is leveraging CFD bond proceeds and development impact fees on hand. With the Beyond funding allocation, this component of the park is fully funded. The turf will take 45 days from start to finish with a target completion date of June 2016. Beyond Program Funding Agreement March 8, 2016 Page 2 Fiscal Impact This agreement will provide $83,238 to the City towards the cost of the artificial turf being installed at the Rosetta Canyon Park, which was awarded in December 2015. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant M. Yates City Manager Attachments: Agreement — Project#: 2331-08 PROJECT #: 2331-08 BEYOND FRAMEWORK ,FUND PROGRAM FUNDING AGREEMENT ROSETTA CANYON PARK — PROJECT #: 2331-08 THIS FUNDING AGREEMENT ("Agreement") is entered into as of this 8th day of March, 2016, by and between the Western Riverside Council of Governments ("WRCOG"), a California joint powers authority and The City of Lake Elsinore ("AGENCY")**]. WRCOG and AGENCY are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS A. WRCOG is the Administrator of the BEYOND Framework Fund Program, an economic development and sustainability, local assistance funding program intended to help WRCOG member agencies develop and implement plans and programs that can improve the quality of life in Western Riverside County by addressing critical growth components such as economy, water, education, environment, health, and transportation ("BEYOND"). B. For Round I of BEYOND, which launched in Fiscal Year 2015/2016, WRCOG has allocated one million eight -hundred thousand dollars ($1,800,000) for use by WRCOG member agencies through BEYOND ("Program Funds"). Funding allocations for Round I to each member agency are listed in Exhibit "A" attached hereto and incorporated herein by reference. C. WRCOG member agencies shall use these funds in any of the following manners: (1) to develop plans and/or implement projects consistent with WRCOG's Economic Development and Sustainability Framework Goals; (2) to provide a thatch for grants and other funding opportunities consistent with WRCOG's Economic Development and Sustainability Framework Goals; or (3) to pool resources with other member agencies for larger projects consistent with WRCOG's Economic Development and Sustainability Framework Goals. D. WRCOG has reviewed and approved the application submitted by the AGENCY for use of Program Funds to implement a project that is consistent with WRCOG's Economic Development and Sustainability Framework Goals, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release Program Funds to the AGENCY. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows: 1. Description of the Project This Agreement is intended to distribute Program Funds to the AGENCY for Rosetta Canyon Park - Artificial Turf, (the "Project"). The Work, including a project schedule and a detailed scope of work, is more fully described in Exhibit "B" attached hereto and incorporated herein by reference ("Scope of Work") and, pursuant to Section 18 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The Scope of Work shall also include the stated purpose(s) for which the Program Funds shall be used, and such stated purpose(s) shall be consistent with WRCOG's Economic Development and Page 1 off7 PROJECT #: 2331-08 Sustainability Framework Goals set forth in Exhibit "C" attached hereto and incorporated herein by reference. 2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed EIGHTY-THREE THOUSAND TWO HUNDRED THIRTY-EIGHT DOLLARS ($83,238.00), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein ("Funding Amount"). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute Program Funds in excess of the maximum allocation identified in Exhibit "A". The Parties also acknowledge and agree that if the AGENCY does not use or need all of the funding allocated to the AGENCY for Round I, WRCOG is neither obligated nor required to distribute those remaining unused funds to the AGENCY during the next cycle, unless the Project is a multi-year effort, approved by WRCOG. 3. Project Costs Eligible for Advance/Reimbursement. The total Project costs ("Total Project Cost") may include the following items, among others, provided that such items are included in the Scope of Work attached hereto as Exhibit "I3": (1) AGENCY and/or consultant costs associated with direct Project coordination and support such as staff time (including interns) and overhead (which may not exceed 25% of the Funding Amount); (2) Project materials; (3) events, workshops, and fairs; and (4) matches for grant applications when the Project meets at least one goal contained in WRCOG's Economic Development and Sustainability Framework Goals. The AGENCY's use of Program Funds to pay for the Total Project Cost shall be solely for the stated purpose(s) listed in the Scope of Work. In advance of incurring Project costs to be covered by Program Funds, WRCOG strongly encourages the AGENCY to contact WRCOG staff to confirm that those Project costs are eligible Project costs. 4. Ineligible Protect Costs. The Total Project Cost shall not include expenses for items of work not included within, or for purposes other than those listed in, the Scope of Work, which shall be borne solely by the AGENCY without reimbursement. 5. Procedures for Distribution of Program Funds to AGENCY. a. Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY's payment of the invoices or demands for payment. When submitting an invoice, AGENCY shall indicate the general cost categories for which Program Funds are being used (e.g., labor, material, overhead, consultant, etc.) Documents evidencing the AGENCY'S payment of the invoices shall be retained for three (3) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly. AGENCY may use the template invoice attached hereto as Exhibit "D" attached hereto and incorporated herein by reference. Page 2 of 17 PROJECT #: 2331-08 b. Review and Reimbursement by WRCOG Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days after receipt by WRCOG of an invoice. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute, and payment for that disputed amount will be withheld, without interest, pending resolution of the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG's decision as to the eligibility of one or more invoices to WRCOG's Administration & Finance Committee, provided the AGENCY submits its request for appeal to WRCOG's Administration & Finance Committee within thirty (30) days of the meet and confer process. The WRCOG Administration & Finance Committee shall provide its recommendation in writing to the full WRCOG Executive Committee, which shall then decide whether the disputed amount is eligible for reimbursement by WRCOG. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY's submittal of invoices to WRCOG and WRCOG's consideration and payment of submitted invoices are set forth in Exhibit "E", attached hereto and incorporated herein by reference. C. Funding Amount/Adiushnent If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Total Project Cost, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within thirty (30) days of notification by WRCOG. The determination of whether WRCOG has provided reimbursement of ineligible Project costs shall be at the sole discretion of WRCOG. 6. Increases in Project Funding. The Funding Amount may, in WRCOG's sole discretion, be augmented with additional Program Funds by a written amendment to this Agreement approved by WRCOG's Executive Director. hr no case shall the amount of Program Funds allocated to the AGENCY for the Project in Round I exceed the maximum funding allocation for the AGENCY, as listed in Exhibit "A". No such increased funding shall be expended to pay for any Project already completed. 7. Transfer of Program Funds to Another Entity. The AGENCY may not transfer or give Program Funds to another individual, entity, agency, or organization without the express written approval of WRCOG, provided that such approval shall be at the sole discretion of WRCOG. 8. [IF THE AGENCY INTENDS TO USE PROGRAM FUNDS AS MATCHING FUNDS FOR A GRANT OPPORTUNITY, THE AGENCY MUST INDICATE AN ALTERNATIVE USE OF THE PROGRAM FUNDS IN THE EVENT THE GRANT APPLICATION IS UNSUCCESSFUL. THIS PROVISION CAN CONTAIN 'THE FOLLOWING: "Matching Funds. If the AGENCY intends to use Program Funds as matching funds for a grant opportunity, and that grant opportunity is unsuccessful, the AGENCY must notify WRCOG upon learning of the unsuccessful grant opportunity and shall use Program Funds in the following manner: Park Improvement Projects Citywide for Water Conservation or Page 3 of 17 PROJECT #: 2331-08 Support Economic Development consistent with WRCOG's Economic Development and Sustainability Framework Goals set forth in Exhibit "C" ("Alternative Project"). Prior to the use of Program Funds for the Alternative Project, AGENCY shall submit and obtain WRCOG's approval of, pursuant to Section 18 of this Agreement, a revised Exhibit "B" containing the scope of work for the Alternative Project.] 9. Term/Completion Report. The term of this Agreement shall be from the date first herein above written until August 31, 2017, [THE PROJECT MUST BE COMPLETED BY JULY 31, 2017,.UNLESS APPROVED AS A MULTI-YEAR PROJECT], unless this Agreement is terminated pursuant to Section 13. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. Within 30 days of the completion of the Project, the AGENCY shall submit a final progress report (to be provided under separate cover) to WRCOG, providing the following information: description of Project outcomes, lessons learned, deliverables, summary of financials, and any other information as requested by WRCOG. 10. Representatives of the Parties. WRCOG's Executive Director, or his or her designee, shall serve as WRCOG's representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Grant Yates, City Manager, or his or her designee, as the AGENCY's representative to WRCOG. The AGENCY's representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY's responsibility. The AGENCY shall work closely and cooperate fully with WRCOG's representative and any other agencies which may have jurisdiction over or an interest in the Project. 11. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY's sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement. 12. Review of Services/Progress Reports. The AGENCY shall allow WRCOG's Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met. 13. Termination. Page 4 of l 7 PROJECT #: 2331-08 a. Notice. Either WRCOG or AGENCY may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. b. Effect of Termination In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute Program Funds to the AGENCY in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which Program Funds have been provided. This Agreement shall terminate upon receipt by the non -terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which Program Funds have been provided. c. Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. 14. Prevailing Wages, The AGENCY and any other person or entity hired to perform services on the Project are alerted to the requirements of California Labor Code Sections 1770 et sec., which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The AGENCY shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Project. The AGENCY shall defend, indemnify, and hold harmless WRCOG, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys' fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et sem. 15. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project. The AGENCY, however, must submit to WRCOG at least two progress reports annually, regardless of whether WRCOG makes requests for such reports. 16. Indemnification. a. AGENCY Responsibilities. In addition to the indcmnification required under Section 14, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising 4tom or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its Page 5 of] 7 PROJECT #: 2331-08 subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys' fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. b. WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub -consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys' fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG. c. Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG's review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the AGENCY's negligent performance of this Agreement or supervision of any services provided to complete the Project. 17. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent' form with a combined single limit of not less than $1,000,000.00 per occurrence. 11'such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall: i. Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured; ii. Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants: and iii. Contain standard separation of insured provisions. Page 6 of 17 PROJECT #: 2331-08 b. Business Automobile Liability Insurance Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compensation Insurance Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000.00 each accident. 18. Project Amendments. Any changes to the Scope of Work or the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG shall: (a) be requested in writing by the AGENCY and subject to the approval of WRCOG's Representative, provided that such approval shall be in the sole discretion of WRCOG's Representative, and (b) require an amendment to this Agreement in accordance with Section 30. 19. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 20. Limited Scope of Duties WRCOG's and the AGENCY's duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at ajob site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project. 21. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three (3) years following termination of this Agreement, and they shall have access to such information during the three-year period for the purposes of examination or audit. 22. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, 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. Page 7 of 17 PROJECT #: 2331-08 23. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. 24. Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 25. Time of Essence. Time is of the essence for each and every provision of this Agreement. 26. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein. 27. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose. 28. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Project. Nothing in this Agreement shall be construed to require or allow completion of the Project without lull compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; "CEQA") and the National Environmental Policy Act of 1969 (42 USC 4231 el seg.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project. 29. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to AGENCY: City of Lake Elsinore, California Attn: City Manager 130 South Main Street Lake Elsinore, California 92530 Telephone: 951-674-3124 If to WRCOG: Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3609 Attention: Jennifer Ward, Director of Government Relations Telephone: (951) 955-0186 Facsimile: (951) 787-7991 Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the Page 8 of 17 PROJECT #: 2331-08 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service. 30.Inteeration; Amendment This Agreement contains the entire agreement between the Parties. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the Parties. 31. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. 32. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the Agreement. 33. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such persomrel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 34. Effective Date, This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective. 35. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. [SIGNATURES ON FOLLOWING PAGE] Page 9 of 17 PROJECT 4: 2331-08 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above -written. WESTERN RIVERSIDE COUNCIL CITY OF LAKE EL SINORE OF GOVERNMENTS By: Date: By: Date: Rick Bishop Grant Yates Executive Director City Manager Approved to Form: By: Steven C. DeBaun General Counsel Page 10 of] 7 PROJECT #: 2331-08 EXHIBIT "A" MEMBER AGENCY FUNDING ALLOCATION Round I Member Agency Total Funds City of Banning $39,300 City of Calimesa $36,177 City of Canyon I.,al<e $36,537 City of Corona $147,600 Citv of Eastvale $83,549 City of Hemet $86,597 City of Jurupa Valley $88,942 Project 1 $20,000 Project 2 $20,000 Project 3 $28,942 Project 4 $20,000 City of Lake Elsinore $83,238 City of Menifee $87,039 City of Moreno Valley $153,294 City of Murrieta $140,126 City of Norco $38,650 City of Perris $85,280 Project 1 $42,640 Project 2 $42,640 City of Riverside $169,740 City of San Jacinto $41,471 City of Temecula $140.357 Project 1 $2,500 Project 2 $15,000 Project 3 $15,000 Project 4 $20,000 Project 5 $72,857 Project 6 $15,000 City of Wildomar $39,814 County of Riverside $161,402 Project 1 $136,402 Praject2 $25.000 Eastern Municipal Water District $35,000 Project 1 $20,000 Project 2 $15,000 Western Municipal Water District $35,000 Project $20,000 Project 2 $15, poo Riverside County Superintendent of Schools $35,000 Moi ongo Band of Mission Indians $35,000 Exhibit A Page I 1 of 17 20323 00005\2,1434070 1 EXHIBIT "B" SCOPE OF WORK SCOPE, OF WORK: PROJECT #: 2331-08 Scope of Work On December 8, 2015, the City Council awarded a $1.2 million artificial turf installation for Rosetta Canyon Park for five (5) ball fields and one (1) football/soccer- field encompassing approximately 181,000 square foot. The award was after a competitive bid process. 'The $83,238 would help fund the cost of the turf installation scheduled for March and April 2016. The park should be fully completed and open by July/August 2016. Budget Direct Construction costs for the installation of the synthetic turf is approximately $1.2 million. The City is leveraging CFD bond proceeds and development impact fees on hand. With the Beyond funding allocation, this component of the park is fully funded. There are not indirect costs charged Timeline No funds have been incurred for the installation of the synthetic turf and the notice to proceed will be issued upon notice of approval of the Beyond Program Funding. The turf will take 45 days from start to finish with a target completion date of .lune 2016. Exhibit B Page 12 of 17 20323.00005\24434070.1 PROJECT #: 2331-08 EXHIBIT "C" ECONOMIC DEVELOPMENT AND SUSTAINABILITY FRAMEWORK GOALS Economic Development Goal ED -1: Vision and Branding: A common understanding of, and unified voice for, economic development needs, services, assets, and challenges. Goal ED -2: Subregional Capacity Building: A diversified, robust, and well-known array of economic development service providers supporting the growth and expansion of local businesses. Goal ED -3: Economic Development Activities: Effective and coordinated local and regional economic development activities. Education Goal E-1: New Partnerships: Unite with education and business leaders to increase the number of students who are college ready, enroll and graduate fiom college, and who achieve technical degrees that are in demand in Western Riverside County, Goal E-2: Education First Culture: Unite with education and business leaders to create an education first culture in Western Riverside County. Goal E-3: WRCOG Leadership: Integrate education into the WRCOG mission to improve partnerships between K-12 schools, colleges and universities, government, and businesses. Health Goal H-1: Health Care Access: Facilitate the conditions needed for a growing, viable, and integrated health care system in Western Riverside County. Goal H-2: Health Care Workforce: Advocate for a trained, home-grown workforce to serve the healthcare needs of Western Riverside County. Goal 11-3: Healthy Environment: Support efforts of local jurisdictions, business, and regional government to improve the health of our region's environment. Goal H-4: Community Design: Facilitate local efforts to improve the opportunities and choices for a healthy and active lifestyle. Goal H-5: Implementation + Action: Facilitate local strategic planning that improves the health and wellness of residents and communities. Transportation Goal T-1: Transportation Programs: Continue to address regional transportation needs through ongoing collaboration and program administration. Goal T-2: Vehicle Miles Traveled: Reduce vehicle miles traveled and improve mobility for pedestrians, transit users, and bicyclists. Goal 1-3: Goods Movement: Support efforts to improve the sustainable and efficient movement of goods through Western Riverside County. Goal T-4: Air Transportation: Maintain and improve air transportation access. Exhibit C Page 13 off7 20323.0000-5\24434070.1 PROJECT #: 2331-08 Water Goal W-1: Agency Coordination: Advocate for and support regional, state, and federal initiatives pertinent to the mission of the Riverside County Water Task Force. Goal W-2: Water Reliability: Advocate for and support efforts of local water districts to ensure long-term reliability of water supply for Western Riverside County. Goal W-3: Water Quality: Preserve and improve regional water quality. Goal W-4: Water Efficiency: Serve as a communication link and information clearinghouse oil water efficiency issues for the benefit of member agencies, businesses, and residents. Energy / Environment Goal EE -1: Energy Efficiency Programs: Develop and support programs to reduce energy use and GI IG emissions. Goal EE -2: Climate Action Planning: Provide assistance to the region on climate action planning and implementation. Goal EE -3: Air Quality Improvements: Partner with state and regional agencies to advocate and support efforts for cleaner air. Goal EE -4: Environment Conservation and Enhancement: Support regional plans and proggrams to maintain or improve the quality of the natural environment. Goal EE -5: Local Food Production: Advocate for and support regional efforts to maintain access to local food sources. Exhibit C Pagc 14 of 17 20323 00005\2111134070 i For Public Agency Use Only EXHIBIT "D" TEMPLATE INVOICE Member Agency Address Bill to: Western Riverside Council of Governments Atbn: Ernie Revna. Chief Financial Officer Initiative List cost categories and itemizations Totallnvoice Amount: Make check out to: Contact Nanne: Title: Phone Number: Email Address: Exhibit 1) Page 15 of ] 7 20323 00005\24434070.1 PROJECT #: 2331-08 Invoice #: Date: PROJECT #: 2331-08 For Public Agency Use Only Elements of Compensation EXHIBIT "E" PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES 1. At least each quarter, and not more often than each month, the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding time period. The original invoice shall be submitted to WRCOG's Chief Financial Officer. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-1". 2. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 10°i day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi -amorally. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment. 3. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the howl or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. All documentation from the AGENCY's contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit "E-2". 4. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit "E" and its attachment. 5. Charges for each task and milestone listed in Exhibit "B" shall be listed separately in the invoice. Exhibit E Page 16 of 17 20113, 00005\2443,4070 PROJECT 4: 2331-08 For Public Agency Use Only EXHIBIT "E-1" Sample Cover Letter to WRCOG Date Western Riverside Council of Governments Riverside County Administrative Center 4080 Lemon Street, Third Floor Riverside, California 92501-3679 Attention: Director of Government Relations ATTN: Accounts Payable Re: Project Title - Invoice # Enclosed for _your review and payment approval is the AGENCY'S invoice for professional and technical services that was rendered by our contractors in connection with the [PROJECT NAME] per Agreement No. effective (Month/Dav/Year) . The required support documentation received from each contractor is included as backup to the invoice. Invoice period covered is from Month/Date/Year to Month/Date/Year . Total Authorized Agreement Amount: $0,000,000.00 Total Invoiced to Date: $0,000,000.00 Total Previously Invoiced: $0,000,000.00 Balance Remaining: $0,000,000.00 Amount due this Invoice: $0,000,000.00 I certify that the howl and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed. By: Name Title cc: Exhibit F-1 Page 17 of 17 20323.00005\24434070.1 Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 6) City of Lake Elsinore Text File File Number: ID# 16-099 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-eIsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed at? 3/3/2016 CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: GRANT YATES, CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: COMMUNICATION SITE LEASE AGREEMENT SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS CANYON HILLS PARK, 34360 CANYON HILLS ROAD Recommendation Staff recommends that the City Council authorize the City Manager to execute the Communication Site Lease Agreement for Canyon Hills Park (APN 363-231-015) with Verizon Wireless approving installation and operation of a wireless cellular facility at Canyon Hills Park subject to provisions set forth in the Agreement. Background The City Council had previously authorized staff to accept applications for using City Parks as wireless telecommunication facility sites and set forth land use and lease provisions. On October 6, 2015 the Lake Elsinore Planning Commission approved Conditional Use Permit No. 2015-01 and Commercial Design Review 2015-10, a request by Verizon Wireless for the replacement of an existing 75 -foot light pole located at 34360 Canyon Hills Road with a 75 -foot wireless telecommunications facility designed as a light pole. Verizon Wireless is requesting approval of a communication site lease agreement to install a wireless telecommunication facility designed as a 75'-0" high light pole, housing six paddle antennas, and supplemental equipment. A lease area of 20 feet by 20 feet (400 square feet) would be enclosed by CMU block to screen various ground mounted equipment. The park is generally located northeast of the intersection of Canyon Hills Road and Cottonwood Road. The proposed facility has been designed to be screened as a light pole arid will replace an existing 75'-0" light pole that provides lighting to a baseball field. The Canyon Hills Park Cellular Agreement March 8, 2016 Page 2 screening material has been adequately designed to provide screening of the proposed antennas, thereby reducing the visual impact of the proposed facility. The proposed facility will still retain the functionality of the original light pole. The ground mounted equipment will be screened by an enclosure that has been designed in a manner consistent with other ancillary buildings located in the park. Staff from Community Services, Building & Safety, Fire, and Engineering have all reviewed the project. On November 10, 2015 the City Council granted approval the site lease agreement. The approved document was forwarded to Verizon who informed the City of a policy change from their legal department stating they no longer sign leases with a termination fee greater than three months. Section 5C of the lease identifies a 1 year fee. Staff was originally resistant to the change as Verizon had agreed and objected after the fact. Staff has conferred with the City Attorney's office and can support the amendment to Section 5C of 3 months termination fee in Section 5C of the lease. Discussion This is an opportunity for the City to provide cellular gap coverage to its residents, obtain an ongoing revenue source and regulate the cellular structure to be non - obtrusive to the general public while not impacting park activities. The Planning Commission review ensured proper location, screening and consistency with the existing park amenities. The applicant has agreed to the following site lease agreement provisions: 1. A 5 -year lease with four 5 -year extensions (25 years total). 2. Rent based on $2,500 per month. 3. Rent to automatically increase by 2.5% per year. 4. All construction and all other maintenance costs to be borne by applicant. 5. City reserves the right to either retain ownership of cellular structure after the lease expires or require removal of such structure. The attached communication site lease agreements sets forth specific provisions, legal description, location maps, and approved design plans. Prepared by: Grant Taylor, Director of Community Development Approved by: Grant Yates, City Manager Attachments: 1) Communication Site Lease Agreement 2) Planning Commission Conditions of Approval Site: Canyon Hills Park - Aurora Address: _34360 Can °oi11s Road. Dake F.,lsinore COMMUNICATION SITE LEASE AGREEMENT THIS COMMUNICATION SITE LEASE AGREEMENT (the "Lease"), made this 10°i day of November, 2015, is entered into by and between the CITY OF LAKE ELSINORE. a municipal corporation, (hereinafter referred to as "Landlord") and LOS ANGELES SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS (hereinafter referred to as "Tenant"). RECITALS The following Recitals are a substantive part of this Lease: A. Landlord owns certain real property legally described in Exhibit "A" attached hereto and depicted in Exhibit "B'" attached hereto, commonly known as Canyon Hills Park generally located at 34360 Canyon Hills Road, Lake Elsinore, CA, 92532; Assessors Parcel Number 363-231-015 (the "Property"). B. Tenant desires to construct and operate a wireless communications facility on a portion of the Property. C. Subject to the foregoing terms and conditions, Tenant desires to lease a portion of the Property along with any necessary easements over other portions of the Property and/or shared use of Landlord's easements over other real property necessary for Tenant's access and utilities to the Lease Area (as defined below) for the purpose of constructing and operating a wireless communication facility. AGREEMENT The parties agree as follows: 1. LEASE Or PREMISES. Landlord hereby leases to Tenant a portion of the property, which portion generally consists of (i) approximately 20 -feet by 20 -feet area comprising approximately four hundred (400) square feet of exterior ground space (the "Lease Area") located on the Property, which Lease Area will be improved; (ii) a non-exclusive right for ingress and egress from a public right-of-way, seven (7) days a week, twenty four (24) hours a day, over the Property (the "Access Route") for the purpose of installation, operation and maintenance of communications equihmeut; (iii) the right to install, maintain, replace and repair telecommunication related wires, cables, conduits and pipes underground and along a right -of -\may extending from the underground power trench for approximately 750 linear feet to the Lease Area (the "Underground Telco Trench"); and (iv) the right to install, maintain, replace and repair electrical power related wires, cables. conduits and pipes underground for approximately 750 lincar feet to the Lease Area (the "Underground Powcr Trench"). The Lease Area, the Access Route, the Underground Telco Trench, and the Underground Power "french are hereinafter (ell kMclI.erase- CumonI-tillsPuck- Auomey(0(1000007) collectively referred to as the "Premises" and are depicted on the sheets attached to Gshibit "C" attached hereto. hn the event any public utility is unable to use either the Underground Telco french and/or the Underground Power Trench, Landlord hereby agrees to grant an additional right-of-way either to Tenant or to the public utility at no cost to Tenant, provided. however, that such additional right-of-way shall be as reasonably designated by Landlord and shall not unreasonably interfere with the primary purpose of the Property as a public park. 2. PERMITTED USE/ALTERATIONS AND ADDITIONS. (a) Tenant shall use the Premises exclusively for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communications fixtures which includes the dist improvement structures] as generally depicted in Exhibit "C"' along with the related equipment, cables. accessories and improvements (collectively. the "Communication Facilitv') and uses incidental thereto in accordance with this Lease and in compliance with all applicable laws and for no other pupose. Before commencing any subsequent material alterations or improvements to the Premises (except for upgrades or replacements of"like- kind" equipment which is comparable in dimensions and weight. or equipment which is comparable in dimensions and weight and wholly contained within the Lease Area.. Tenant shall submit plans and specifications to Landlord for Landlord's written approval, which approval shall not be unreasonably withheld. conditioned or delayed. (b) Prior to commencing any work (except for (i) routine maintenance or repairs, or (ii) responding loan emergency) related to the Communication Facility improvements or any other improvements approved by Landlord. Tenant shall endeavor to notify landlord in writing of the expected commencement date. Landlord shall have the right thereafter to post and maintain on the Promises such notices as Landlord deems necessary to protect Landlord and the Premises from mechanics' liens, materialmen's liens or any other applicable liens. Tenant shall pay, when due, all claims for labor and materials furnished to or for Tenant for use in improving the Premises. tenant shall pay. when due, all claims for labor or materials furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics' or materialmen's lien against the Premises or any interest therein. if Tenant. in good faith, contests the validity of any such lien, claim or demand, then Tenant shall. at its sole expense, defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or the Premises. (c) feuant's performance under ibis Lease is conditioned upon'fenant obtaining, at its sole expense, all governmental licenses, permits and approvals enabling 'I enant to construct and operate wircless communications facilities on the Premises. Prior to the commencement of construction ofany improvcnnents on the Premises. Tenant shall, without limitation. apply 1,01 -and socure the following, and pay all costs, charges and fees associated with any permits and fees required by the City of Lake Elsinore, the County of Riverside, and any other governmental agency having ,jurisdiction. Landlord agrees to cooperate with Tenant's reasonable requests for Landlord's signatures as real property owner on permit applications, for allowing site inspections by governmental agencies required in connection with reviewing permit applications. and for cooperative assistance in obtaining such necessary approvals, provided that such cooperation and assistanceshat I be at no expense to landlord and upon the express understanding that the execution 2 of this Lease does not constitute the granting of or a commitment to obtain any required land use permits, entitlements or approvals required by the City of Lake Elsinore. 3. TERM. (a) The initial term of this Lease ("Initial Term") shall be five (5) years commencing on the first day of the month in which Tenant begins construction of the Communication Facility on the Premises or the first day of the month that is three (3) months from the date of full execution of this Lease, whichever occurs first ("Commencement Date"). Tenant shall promptly deliver written notice. to Landlord ofthe Commencement Date. (b) Tenant shall have the right to extend the Initial Term of this Lease for four (4) additional terms (each a "Renewal Term-) of five (5) years each. The terms and conditions for each Renewal Term shall be the same terms and conditions as in this Lease, except that the Annual Rent shall be increased as set forth herein below. This Lease shall automatically be extended for each successive five (5) year Renewal Term unless Tenant notifies Landlord in writing of fenam's intention not to extend this Lease at least thirty (30) days prior to the expiration of the Initial Term or then existing Renewal Term. (c) The Initial Term, and the Renewal Terni(s) are collectively referred to as the •`term.' - 4. RENT. (a) Upon the Commencement Date, Tenant shall pay Landlord in advance, as annual rent. the sum of "Thirty Thousand Dollars ($30.000.00) per year, which is subject to annual adjustment by Landlord as provided below (the "Annual Rent"). The Annual Rent shall be due and payable from Tenant to Landlord, and Tenant shall pay such .Annual Rent, in full on the Cormnencement Date and thereafter on each anniversary of the Commencement Date without offset, in advance. Tenant shall make all payments to City at the following address: City of Lake Elsinore Administrative Services Department 130 South Main Street Lake Elsinore, CA 92530 (b) Throughout the Term on each anniversary ofthe Commencement Date, the Annual Rent shall increase by an amount equal to two and one-half percent (2.5%) of the Annual Rent paid in the immediately precedin<o year. By way of example. the Annual Rent due on the first anniversary° ofthe Commencement Date shall be $30,750.00, the Annual Rent due on the second anniversary ofthe Commencement Date shall be $31,518.75. and so on. (e) Any and all sums in addition to the Annual Rent payable by Tenant to Landlord pursuant tothe provisions oft his Lease or arising from Tenant's use and occupancy ofthe Premises shall be deemed additional rent under this Lease and default by Tenant, after its receipt of written notice and the expiration of all applicable cure periods, in the payment of any such sums shall entitle Landlord to all the same remedies as would be applicable in the case of nonpayment of Annual Rent hereunder. (d) If Tenant fails to make any payment of'Annual Rent, or other charges when due and the failure is not cured within fifteen (15) days after Tenant's receipt of written notice of such failure, it would be impracticable or extremely difFIeullt to fix the actual damage to Landlord resulting from such nonpayment and the collection efforts of Landlord necessitated thereby. Therefore. Landlord and Tenant estimate that such damage shall be ten percent (10%) of the unpaid amount, and Tenant shall pay, as additional rent, that sum, in addition to all other sums owing. In addition, Tenant shall pay to Landlord. as additional rent. a fee of x45.00 for any check presented by Fenant that is dishonored by the banking institution. 5. TERMINATION. This Lease may be terminated, without penalty or further liability, as fol lows: (a) by written notice from the non -defaulting party, if the defaulting party remains in default under Paragraph 15 of this Lease atter its receipt of written notice and the expiration of the applicable cure periods; (b) by Tenant upon written notice if, for any reason other than Tenant's lack of reasonable diligence, Tenant is unable to obtain or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authorit}y necessary for the installation and operation ofthc Communication Facility; or (c) by Tenant on sixty (60) days written notice for any reason. other than (a) or (b) above, or in paragraphs 19 or 20, below. so long as'fenant pays Landlord a termination fee equal to three (3) months Annual Rent, at the then current rate. 6. INSURANCE, Tenant shall procure and maintain for the duration of the Term insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant's operation and use of the Premises in accordance with the terms and conditions of this Section 6. The cost of such insurance shall be borne by Tenant. (a) Minimum Scope of Insurance. The insurance required to be maintained by Tenant shall provide coverage at least as broad as: i. Insurance Services Office Commercial General Liability coverage (occurrence form) or substantial equivalent. ii. Workers' Compensation insurance as required by the State of California and Employer's Liability. iii. Property insurance against all risks of loss to any the Communciation Facility and Tenant's other improvements or betterments at the Premises. iv. Automobile liability insurance covering all owned, non -owned and hired vehicles. 4 (b) Minimum Limits of Insurance. Tenant shall maintain limits no less than: i. General Liability: $5.000,000 per occurrence for bodily injury, and property damage and $5,000.000 general aggregate. ii. Employer's Liability: $1,000,000 each accident/disease/policy limit. iii. Property Insurance: Pull replacement cost with no coinsurance penalty provision. iv. Automobile: $1.000,000 combined single limit each accident for bodily injury and property damage. (e) Other Insurance Provisions. 'Che general liability policy shall: Include Landlord, its officers, elected and appointed officials, and employees as an additional insured as their interest may appear under this Agreement. ii. Be primary insurance as respects Tenants operations. Any insurance or self insurance maintained by Landlord shall be excess of "T'enant's insurance and shall not contribute with it in this respect. (d) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating of no less than A: VII. (e) Verification of Coverage, Tenant shall furnish Landlord with original certificates evidencing coverage required by this Section 6. All certificates are to be received by the Landlord within thirty (30) days after the Commencement Date. (f) Subrogation Waiver. Landlord and Tenant hereby waive any rights of recovery each may have against the other for any loss or damage to Landlord or Tenant. or their respective property. the Premises or its contents arising from any risk typically insured by 'fire, extended coeerage and anv other property insurance. The respectiae insurance policies will also conform to such waivers. 7. INTERFERENCE. (a) Landlord may grant, after the date of this lease, a lease. license or any other right to any third party for the use of that portion of the Property not included in the Premises, if'such use does not adversely affect or does not cause harmful interference which is measurable in accordance with then existing industry standards to Tenant's then existing ('0111 HI tin leatiOnS Facility, and subject to further provisions hereof. Landlord will notify Tenant in writing prior to &I-anting any third party the right to install and operate communications equipment on the Property. Provided that Tenant complies with requirements set forth in Section 2, nothing contained herein will restrict 'Tenant nor its successors and assigns from installing and modifying its conu»unications equipment in a manner consistent with Exhibit -11" and in compliance with applicable haws. 5 (b) Landlord will not use, nor will Landlord permit its employees, tenants, licensees; invitees or agents to use. any portion of the Property in any way that (i) unreasonably interferes with the operations of Tenant or the rights of Tenant under this Lease or (ii) causes harmful interference which is measurable in accordance with then existing industry standards to'Tenant's then existing Communications Facility. To the extent possible, Landlord will cause such interference to cease as soon as reasonably practicable, but in any event within seventy-two (72) hours following notice from Tenant. Notwithstanding the foregoing. Tenant acknowledges and agrees that Landlord's Fire Department occupies other portions of the Property and operates communication equipment thereon. Tenant has had the opportunity to analyze the effect of such existing uses on its current use of the Premises and Tenant acknowledges that such existing uses do not currently cause harmful interference which is measurable in accordance with then existing industry standards to Tenant's then existing Communications Facility. Notwithstanding the foregoing and in recognition of the critical public safety mission carried out by Landlord's Fire Department, under no circumstances shall the use of current or future communication equipment by the l=ire Department constitute aharmful interference with the operations of Tera nt irrespective of industry standards. In such circumstance. Tenant's sole remedy shall be to terminate this Lease. S. INDEMNIFICATION. (a) Tenant agrees to indemnity. defend and hold Landlord. its elected and appointed officials, officers, employees, agents and independent contractors. harmless from and against any injury, loss, damage or liability whatsoever (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and cotta costs) to the extent arising out of or in connection with the negligence or willful misconduct of Tenant. its employees. contractors or agents, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) "Tenant, as a material part ofthe consideration rendered to Landlord in entering into this Lease, hereby waives all claims against Landlord for damages to Tenant's Communication Facility improvements and for death of or injury to 'Tenant, its agents, employees_ invitees or any third person in or about the Premises from any cause except for Landlord's willful or negligent misconduct. (c) Landlord agrees to indemnify, defend and hold Tenant, its employees, contractors and agents, harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising out of the willful misconduct or negligence of Landlord or its employees or agents. except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. 9WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized. validly existing and in good standing and has the right, power and authority to enter into this Lease and bind itself hereto through the parte set forth as signatory for the party helo4y. 6 N Landlord represents and warrants and covenants that: (i) as long as Tenant is not in default under this Lease after its receipt of written notice and the expiration of all applicable cure periods, Tenant shall have actual. quiet and peaceful use, enjoyment and possession of the Premises; and (ii) to the best of its current, actual knowledge, without investigation or inquiry, Landlord's execution and performance of this Lease will not violate any laws, ordinances, covenants or the provisions of any mortgage. lease or other agreement binding on the Landlord. (c) 13xcept as otherwise set forth herein. Landlord makes no warranty, express or implied. regarding the condition of the Property and/or the suitability of the Premises for the installation and operation of Tenants Communication Facility. Tenant acknowledges and agrees that the Premises are being leased in an "AS -IS" condition. 10. ENVIRONMENTAL. Landlord warrants and agrees that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of', or permitted the use, generation. storage or disposal of. any Hazardous Material (as defined below) on. under. about or within Landlord's Property in violation of any law or regulation. Landlord and Tenant each agree that they will not use, generate, store or dispose of an), Hazardous Material on, under, about or within Landlord's Property in violation of any law or regulation. Landlord and "Tenant each agree to defend and indemnify the other and the other's partners, affiliates, agents and employees against any and all losses. liabilities. claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement contained in this paragraph. "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous. toxic or dangerous in any applicable federal. state or local law or regulation (including petroleum and asbestos). 11. SPECIAL CONDITION RELATED TO TECHNOLOGY IMPROVEMENTS. Tenant agrees that as equipment installed as part of this Lease needs replacement due io obsolescence or the end of its useful life (as determined by Tenant. based on its sole and absolute discretion), that Tenant shall endeavor to ensure that such replacement will be done with the least visually and em-ironmentalty impacting equipment readily available on the market. .Accordingly. with respect to equipment replacement within the public viewshed of the Property. Tenant shall submit plans and specification for such equipment replacement to the City of Lake Elsinore for review and approval, which approval shall not be unreasonably withheld. Tenant agrees to employ reasonable means to mitigate any view and noise impacts of Such equipment. 12. RIGHT TO RETAIN JUST IMPROVEMENTS]. Notwithstanding Section li below, in contemplation of the expiration of the 'Perm. Landlord shall have the right to request that the 1huprovements] (along with ancillary improvements to the [Improvements], including but not limited to utilities improvements necessary for lighting and operation), not be removed from the Leased Area and shall remain Upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the Term. 13. REMOVAL. Except as provided in Section 12, all potions ofthe Communication Facility brought onto the Property by Tenant will he and remain Tenant's personal property and, at Tenant's option- miry be removed by Tcnant at any time during the Term, provided, however. that Tenant shall repair any damage to file Property caused bysuch removal and restore the Premises 7 to substantially the same condition existing prior to Tenant's installation of such Communications Facility improvements, reasonable wear and tear and casualty damage by others excepted. Landlord covenants and agrees that no part of the Communication Facility constructed. erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of. the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property ot'the Tenant and may be removed by Tenant at any time during the Term. Within thirty (30) days of the expiration or ninety (90) days after any earlier termination of this Lease. Tenant will remove, at its expense, all of the Communications Facility improvements and shall surrender the Premises to Landlord in substantially the same condition as existing prior to Tenants installation of such Communications Facility improvements, reasonable wear and tear and casualty damage by others excepted. Landlord acknowledges that Tenant may enter into financing arrangements including promissory notes and financial and security agreements for the financing of the Comnumications Facility (the "Collateral") with a third party financing entity and may in the future enter into additional financing arrangements with other financing entities. hn connection therewith, Landlord (i) consents to the installation of the Collateral to the extent that the Collateral is part of the approved Communications Facility and is otherwise in compliance with the terms and conditions hereof; (ii) disclaims any interest in the Collateral, as fixtures or otherwise: and (iii) agrees that the Collateral shall be exempt fron execution. I'oreelosure, sale_ levy, attachment. or distress for any Annual Rent due or to become due and that such Collateral ma_v be removed at any time without recourse to legal proceedings provided that the Property is returned to substantially the same condition existing prior to Tenant's installation of such Communications Fac iIIty improvements. reasonable wear and teat' and casualty damage excepted. Notwithstanding the foregoing, prior to entering into any such financing arrangements, "tenant shrill endeavor to notify Landlord in writing of' its intention to enter into such arrangement and shall provide Landlord with all applicable documentation reasonably requested by landlord evidencing such arrangements. tenant shall not enter into any tunaneing arrangements which would impair the rights of Landlord hereunder and in no event shall such arrangements apply to the Premises or the Property. In the event that any third party financing entity forecloses on the Collateral or otherwise takes over "tenant's operation of the Communications Facility such entity shall be bound by and shall couple with all the terms and conditions of this Lease and shall execute an agreement reasonably acceptable to Landlord assuming all of the obligations of Tenant hereunder. 14. NIAINTBNANCE; UTILITIES. (a) Hacept as provided in subparagraph (c). Tenant will keep and maintain the Lease Area in good condition. subject to reasonable wear and tear and shall ensure that the Faux Light Pole is provided regular maintenance due to its exposure to the elennents, which maintenance shall include periodic painting, repair and/or replacement o1'components. (b) Tenant will be solely responsible for and promptly pay all utilities charges for electricity_ telephone service or any other utility used or consumed by Tenant on the Premises. Landlord will fully cooperate with any utility company requesting a license over, under and across the Property in order for the utility company to provide service to the 'Tenant. 8 (C In recognition of the Faux Light Pole inherent public landmark qualities and its location within a public park. Landlord shall be responsible for promptly remediating any graffiti within the Lease Area in general and the [improvements] in particular without additional cost to Tenant. 15. DEFAULT AND RIGHT TO CURE. (a) The 'following will be deemed a default by Tenant and a breach of this Lease: (i) non-payment of Annual Rent (including additional rent) (as set forth in Section 4 hereof) if such Annual Rent remains unpaid Por more than fifteen(] 5) clays after Tenant's receipt of written notice ol'such failure to pay from Landlord: or (ii) "T'enant's failure to perform any other term or condition under this Lease within thirty (30) days after Tenant's receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist ifTenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. Cf Tenant remains in default beyond any applicable cure period. Landlord will have the right to exercise any and all rights and remedies available to it under law and equity, including the right to cure Tenant's default at "Tenant's expense. Any reasonable costs incurred by Landlord to cure a default of Tenant as set forth in the preceding sentence shall be considered additional rent and shall be paid by Tenant to Landlord within thirty (30) days follo,NN ing Landlord's written demand therefor. (b) Landlord's failure to perform any term or condition under this Cease within thirty (30) days after receipt of written notice from Tenant specifying the failure will be deemed a default by Landlord and a breach of this Lease. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused i't' due to causes beyond the reasonable control of Landlord. If Landlord remains in defaalt bevond any applicable cure period. Tenant will have the right to exercise any and all rights available to it under law and equity. 16. ASSIGNMENT/SUBLEASE. Tenant shall not, without Landlord's prior. written consent, which shall not be unreasonably withheld, conditioned or delayed, assign this Lease or any interest in this Lease or any right or privilege appurtenant hereto or permit use of the Premises by any person or persons other than Tenant, its employees. agents, contractors and sub -contractors. Consent by Landlord to any assignment or subletting shall not constitute consent to any subsequent assignment or subletting. Notwithstanding the foregoing to the contrary. this Lease may be sold. assigned or trans1'erred by Tenant without any approval or consent of Landlord to "Tenant's principal, affiliates. subsidiaries of its principal or to any entity which acquires all or substantially all of-I'enant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. Any assignee. sublessee or transferee shall agree for the benefit of Landlord to be bound bv- assume and perform all the terms, covenants and conditions of this Lease. No change of stock ownership, partnership interest or control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an assignment hereunder. 9 17. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified or registered mail, return receipt requested. or by a recognized overnight courier, postage prepaid. to be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. Notice will be addressed to the parties at the addresses set forth below: Tenant: Los Angeles SMSA Limited Partnership dba Verizon Wireless 180 Washington Valley Road Bedminster, N.1 07921 Attn: Network Real Estate Landlord: City of Lake Elsinore Attn: City Manager 130 S. Main Street Lake Elsinore, CA 92530 Either party hereto may change the place for the giving of notice to it by written notice to the other as provided herein. 18. SEVERABILITY. If anv tern or condition ol'this Lease is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. 19. CONDEMNATION. In the event Landlord receives notification of anv condemnation proceedings affecting the Premises, Landlord will provide notice of the proceeding to Tenant within ten (10) days. It'a condemning authority takes all of'the Property, this Lease will terminate as of the date the title vests in the condemning authority. If as a result of a partial condemnation of the Premises or the Property, Tenant determines. in "Tenant's sole discretion. that it is unable to use the Premises 1'0- the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt Tenant's operations at the Premises for more than l'orty-five (45) Clays, Tenant may, at Tenant's option, to be exercised in writing within fifteen (15) business days after Tenant receives Landlord's written notice of such condemnation (or in the absence of such notice, within fifteen (15) business days after the condemning authority shall have taken possession) terminate this Lcase as of the date the condemning authority takes such possession. All awards tier the taking of any part ol'the Premises or proceeds from the sale made under the threat of'the exercise of the power of'eminent domain shall be the property of Landlord, provided that Tenant shall be entitled to any award for loss of or damage to Tenant's fixtures and removable personal property and reasonable moving and relocation expenses if awarded against the condemning authority. Tenant will be entitled to reimbursement Por any prepaid Annual Rent. 20. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Premises within ten (10) days of the casualty. Consistent with paragraph 6(f) of this Lease, Landlord shall not be required to repair any injury or damage, by tine o other casualty_ to the property of "Tenant, o' to make repairs or replacements of any Communication Facility or other improvements installed on the Premises by or for Tenant. If any part of the Com InLill ication Facility or Promises is damaged b} fire or other casualty so as to render the Premises unsuitable, in 'Tenants reasonable determination, then Tenant may terminale this Lease by providing written 10 notice to the Landlord no later than thirty (30) days following Tenant's receipt of Landlord's notice ofcasualty (or in the absence of such notice, within thirty (30) days after the casualty event), which termination will be effective as of the date of Tenant's notice of termination. Upon such termination. Tenant will be entitled to collect all insurance proceeds payable to Tenant oil account thereof' and to be reimbursed for any prepaid Rent. 21. WASTE, NUISANCE. Tenant shall not use the Premises in any manner that may result in waste or the creation of a nuisance. and Tcount shall maintain the Premises frce of anv objectionable and unreasonable noises, odors or disturbances. Tenant's use as permitted hereunder shall not be deemed a nuisance or to create unreasonable noises, odors or disturbances. 32. TAXES. (a) Tenant shall pay prior to delinquency all taxes. assessments, license fees and other public charges levied, assessed or imposed or which become payable during the Tenn ofthis Lease upon any of Tenant's Communication Facilitv improvements and all other equipment and personal property of Tenant installed or located upon or about the Premises. Whenever possible, Tenant shall cause such property to be separately assessed. 11'. however. any or all of such items shall be assessed and taxed with the Landlord's real property. Tenant shall pay to Landlord such taxes as are attributable to Tenant's Communication Facility improvements and all other equipment and personal property of Tenant located at the Premises within thirty (30) days after receipt of an invoice From Landlord advising Tenant of the taxes applicable to "fenant's property together with a copy of the tax bi 11. (b) Tenant recognizes and understands that this Lease may create a possessory interest pursuant to California Revenue and Taxation Code Section 107 and as such this Lease may result in the assessment of property taxes against the Premises by the County of Riverside. Tenant shall pay. prior to delinquency, any possessory interest taxes assessed against Tenant's interest in the Premises or Tenant's interest in the underlying realty during the "Dern. (c) Tenant shall pay any business tax or license fee imposed upon its operation or its interest coder this Lease by any applicable governmental authority. 23. ENTRY 13Y LANDLORD. Tenant shall permit Landlord and Landlord's agents to enter the Premises at all reasonable times after Tenant's receipt of written notice from Landlord (which notice shall not be required in the event of' ,in emergency) and with a representative of'Penant present (unless Tenant elects not to require the presence oi'such representative) 1'or the purpose of inspecting the same, or for the purpose of posting notices of non -responsibility for alterations, additions or repairs. Landlord acknowledges and agrees that "tenant's equipment and improvements are highly sensitive. Accordingly, it is agreed, that only authorized engineers. employees or properly authorized contractors of Tenant or persons under their direct supervision \a ill be permitted to handle or touch Tenant's equipment and improvements. 24. HOLDING OVER. If Tenant should remain in possession of the Premises after the expiration ofthe removal period described in Section 13 above without executing a new agreement or unless the parties are negotiating a new lease or lease extension in good faith. then such holding over shall be construed as a tenancy froin year-to-year, subject to all conditions, provisions and obligations of this Lease insofar as they are applicable to ayear-to-year tenancy, except the Annual Rent shall be increased to one hundred and ten percent (110%) of the Annual Rent applicable during the year immediately preceding such expiration or earlier termination. 25. ATTORNEYS' FINS. In the event of any legal action or proceeding between the parties, the prevailing party shall be entitled to reasonable attorneys' fees and expenses as a part of the judgment resulting therefrom. 26. NO PRECEDENTIAL VALUE TO EITHER PARTY. The terms and conditions of this Lease are specific to this particular transaction and this Lease shall not have any precedential value to either party. 27. MISCELLANEOUS. (a) Amendment; Waiver. "Chis Lease cannot be amended, modified or revised unless done in writing and signed by an authorized signatory of the Landlord and an authorized signatory of the Tenant. No provision may be waived except in a writing signed by both parties. (b) Short Form Lease. Either party will, at any time upon fifteen (I5) days prior written notice from the other. execute, acknowledge and deliver to the other a recordable Memorandum of Lease in form reasonably acceptable to both parties. Either party may record this memorandum at any time. in its absolute discretion. (c) Successors and Assigns. The terms and conditions contained in this Lease shall bind and inure to the benefit of the parties. their respective heirs. executors, administrators. successors and assigns. (d) Entire Agreement. This Lease and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements. (e) Governing Law. This Lease will be governed by the laws of the State of Calitbrnia, without regard to conflicts of law. (f) Interpretation. LJnless otherwise specified, the following rules ofconstructioil and interpretation apply: ("i) captions are for convenience and reference only and in no w°av detine or limit the construction of the terms and conditions hereof. (ii) use ofthe term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Lease, except as otherwise stated in the Lease or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Lease and are incorporated by reference into this Lease:. and (vi) reference to a default will take into consideration any applicable notice, grace and cure periods. (g) Estoppel. I3ither party will. at any time upon thirty (30) days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying, 12 that this Lease is unmodified and in full force and effect (or, if modi'Fed, stating the nature of such modification and certifying this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party's knowledge. any uncured defaults on the part of the other party hereunder. or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or cucumbrancer of the Premises. (h) No Option. The submission of this Lease for examination or consideration does not constitute a reservation of or option for the Premises. This Lease will become effective only upon the legal execution and delivery hereof by Landlord and Tenant. (i) Time is of the Essence. Time is of the essence in this Lease. (j) Relationship of Parties. The relationship of the parties hereto is that of Landlord and 'tenant and it is expressly understood and agreed that Landlord is not in any way or for any purpose a partner of Tenant. or a joint veuturer with Tenant in the conduct of Tenant's business or otherwise. ]i IN WITNESS WHEREOF, the undersigned have caused this Lease to be executed as of the dates set forth below. A"I TES"F: CITY CLERK By:--- Susan 3y:_Susan Domen, City Clerk APPROVED AS TO FORM: B v: Barbara Leibold; City Attorney Datcd: 14 "LANDLORD" CITY OF I..AKE ELSINORE, a municipal corporation BY: Grant Yates, City Manager "TENANT„ I.OS ANGELES SMSA LIMITED PARTNE16111P dbaVEI070N WIRELESS By: AIR "l'OUCII CFIJAJLAR, its general partner Bv: Flarold W. Navarre, Executive Director EXHIBIT "A" PROPERTY LEGAL DESCRIPTION [Attached Sheets I through 21 EXHIBIT "B" PRh:MISES DEPICTIONS [Attach Sheets I through _2_] Vicinity Map and Aerial Map EXHIBIT "C" IMPROVEMENT DEPICTIONS [Attach Sheets _I through _7 ] The Lake Elsinore Planning CoMmissiOn approved project plans dated October G. 2015 for Conditional Use Permit No. 2015-10. Plan Sheets: T1 —Title Sheet & Project Data LS -1 — Site Survey A-1 -- Overall Site Plan A-2 — Enlarged Site & Antenna Plan A-3 — Landscaping & Irrigation Plan A-4 — Elevations A-5 - Elevations EXHIBIT "A" PROPERTY LEGAL DESCRIPTION [Attached] File No: 08021477 EXHIBIT "A" All that certain real property situated in the County of Riverside, State of California, described as follows: PARCEL 3 OF LOT LINE ADJUSTMENT NO, 2006-04, RECORDED JUNE 26,2006 AS INSTRUMENT NO. 06-459373 AND FURTHER DESCRIBED AS FOLLOWS: PORTIONS OF LOTS 402, 403, 404 AND LOT "AA" OF TRACT 30493-1 AS RECORDED IN MAP BOOK 370, PAGES 62 THROUGH 72, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 404, SAID CORNER BEING THE COMMON CORNER BETWEEN SAID LOT 404 AND 405 AND THE NORTHERLY RIGHT OF WAY OF CANYON HILLS ROAD AS SHOWN ON PARCEL MAP NO. 30962, RECORDED IN PARCEL MAP BOOK 206, PAGES 32 THROUGH 38, INCLUSIVE, RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING A POINT ON A 1950.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, A LINE TO THE CENTER OF SAID CURVE AT THIS POINT BEARS NORTH 270 20'46" WEST; THENCE EASTERLY ALONG THE SOUTHERLY BORDER OF SAID LOT 404 AND THE NORTHERLY RIGHT OF WAY OF CANYON HILLS ROAD, THROUGH A CENTRAL ANGLE OF 040 28'54", FOR A DISTANCE OF 152.53 FEET; THENCE NORTH 580 10' 20" EAST, 349.87 FEET; THENCE NORTH 150 33' 30" EAST, 33.97 FEET; THENCE NORTH 580 10' 20" EAST, 60.00 FEET; THENCE, LEAVING SAID SOUTHERLY BORDER OF LOT 404, NORTH 290 59'30" EAST, 10.23 FEET TO THE BEGINNING OF A NON -TANGENT 30.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTH, A LINE TO THE CENTER OF SAID CURVE BEARS NORTH 290 59'30" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 610 45'49", FOR A DISTANCE OF 32.34 FEET; THENCE NORTH 310 46' 19" WEST, 1369.78 FEET TO A POINT ON THE NORTH BORDER OF SAID LOT 402; THENCE WESTERLY AND THEN SOUTHERLY ALONG THE BORDERS OF SAID LOTS 402 AND 404 THE FOLLOWING COURSES, NORTH 67° 45'06" WEST, 57.82 FEET; THENCE SOUTH 240 47' 20" WEST 200.00 FEET; THENCE SOUTH 350 30' 00" WEST, 120.00 FEET; THENCE SOUTH 530 30' 00" WEST, 490.00 FEET; THENCE SOUTH 730 00'00" WEST, 160.00 FEET; THENCE NORTH 550 00'00" WEST, 45.00 FEET; Ci fA Preliminary Report Form - Modified (11-17-06) Page 3 File No: 0£3021477 THENCE SOUTH 850 00' 00" WEST, 83.43 FEET; THENCE NORTH 680 00'00" WEST, 80.94 FEET; THENCE SOUTH 040 00' 00" WEST, 91.00 FEET; THENCE SOUTH 430 02'47" EAST, 70.00 FEET; THENCE SOUTH 630 03' 02" EAST, 65.00 FEET; THENCE SOUTH 310 32' 42" EAST, 117.26 FEET; THENCE SOUTH 500 31' 42" EAST, 98.34 FEET; THENCE SOUTH 670 27' 58" EAST, 159.57 FEET; THENCE SOUTH 460 52' 08" EAST, 113.24 FEET; THENCE SOUTH 270 35' 11" EAST, 138.54 FEET; THENCE SOUTH 390 46' 36" EAST, 122.74 FEET; THENCE SOUTH 660 19' 35" EAST, 127.73 FEET; THENCE SOUTH 800 04'38" EAST, 115.47 FEET; THENCE NORTH 880 01' 01" EAST, 118.39 FEET; THENCE SOUTH 430 45' 18" EAST, 120.68 FEET; THENCE SOUTH 580 05'21" EAST, 120.87 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM ANY PORTION OF SAID LAND LYING WITHIN PARCEL MAP NO. 34442, RECORDED OCTOBER 3, 2012 IN BOOK 234 OF PARCEL MAPS, PAGES 51 THROUGH 55, RECORDS OF RIVERSIDE COUNTY. Assessor's Parcel Number: 363-231-015 Cl.i"A Preliminary Report Form - Modified (11-1.7-06) Page 4 EXHIBIT "13" PREMIS13S DI T1C"I IONS [Attach Sheets 1_. through 2 J Vicinity Map and Aerial Map VICINITY MAP CUP NO,2015-01 & CDR 2015-10 LV V �_� �` CAMELINA ST , HILLSIDE DR PROJECT SITE CORKTREERD LAtit: I:s rror : AERIAL MAP CUP NO.2015-01 & CDR 2015-10 LOk'J" r1ofq, EXHIBIT «c„ IMPROVE:MINT DEPICTIONS [Attach Sheets j_.,through 7 J The Lake Elsinore Planning Commission approved project plans dated October 6, 2015 for Conditional Use Permit No. 2015-10. Plan Sheets: T1 —Title Sheet & Project Data LS -I — Site Survey A- I — Overal I Site Plan A-2 — Gnlarged Site & Antenna Plan A-3 — Landscaping & Irrigation Plan A-4 - Flevations A-5 - Blcvations G'- \ & �j \ / OS'\ I § / On &9 Gz \. - §{%ƒ to .a6 o@ > y/ 1t 9 + gm ��%{ . . « « r , , ` © � ° G'- \ & �j \ / OS'\ I UWq `%y 30 �Y�t'WNhl's9gS�kba°!ig�34y i 1111 <0�10 r r �F F ' P 6�A 4 - a� ' t 1 14 �.\ � �§d , (\ ,&.� .. .. . ;�) y \ - v�9 3 z 1 P x ' 1, }' N hl OY C YO/ ett F U I 1 3 g �Aj Y� v�9 e i I z 1 P x ' 1, }' N w o ,I f U I 1 3 g �Aj I e i I o , x ' 1, }' N w o ,I f U I 5 $ ' 1, }' ua,z o f-JfU k i � �✓ I- it 'S 2c �alj � X> � � i i � 01 E„V u`rc 0 1133 n{ 5 U f4 I ( I �1 F 4 �to qyR` 1•5, rn�1 �Y yi:'fK nS'� _..1-0 I J 4 � < IMCI a°� i0l 9 k fi �� u 1 � o ora �x3 i ✓^ 2 i d .> N bbi` N on qyR` 1•5, rn�1 �Y yi:'fK nS'� _..1-0 i a°� i0l 9 k fi 1 RIO 1p; r4 3y big gi bbi` N on i CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-01 & COMMERCIAL DESIGN REVIEW 2015-10 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 34360 CANYON HILLS ROAD (APN: 363-231-015) GENERAL CONDITIONS The proposed project has been approved for the construction of a wireless telecommunication facility designed as a 75'-0" high light, housing six paddle antennas, two remote radio units, and supplemental equipment and the construction of a 20'-0" X 20'-0" CMU block enclosure to screen various ground mounted equipment. The proposed project is located in the Canyon Hills Specific Plan at 34360 Canyon Hills Road, Lake Elsinore (APN: 363-231-015). The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit project attached hereto. 3. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 5. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the applicable provisions of the Lake Elsinore Municipal Code (LEMC). Conditional Use Permit No. 2015-01 shall lapse and become void two years following the date on which the conditional use permit becarne effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion: or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a 1'laaia•,ing Ct�mn�ia.i,i7 Page 1 of 8 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-01 & COMMERCIAL DESIGN REVIEW 2015-10 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 34360 CANYON HILLS ROAD (APN: 363-231-015) conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. Commercial Design Review No. 2015-10 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. 8. Any violation or non-compliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit in accordance with LEMC Chapter 17.168. 9. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the Lake Elsinore Municipal Code (LEMC). 10. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 11. All site improvements shall be constructed as indicated on the submitted and approved plans. The applicant shall meet all required development standards as indicated by the Commercial Design Guidelines and the Lake Elsinore Municipal Code (LEMC). Any revisions to the approved site plan or building elevations, shall be subject to the review of the Community Development Director or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by the conditions of approval. 12. All materials and colors depicted on the plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or their designee. I;[m Coo3mis=siu,i Page 2 of 8 2 W) CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-01 & COMMERCIAL DESIGN REVIEW 2015-10 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 34360 CANYON HILLS ROAD (APN: 363-231-015) 13. Prior to the submission of building permits, the applicant shall submit a landscape plan that incorporates perimeter landscaping to be approved by the Community Development Department. The landscape plan shall provide for California native drought -tolerant shrubs and trees which provide screening of the block enclosure and antennae. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted to the Community Development Department with appropriate fees, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of a building permit. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. C) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. g) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. h) All landscaping and irrigation shall be installed prior to obtaining a Certificate of Occupancy. I) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. k) No grass turf landscaping will be installed. Page 3 of B CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-01 & COMMERCIAL DESIGN REVIEW 2015-10 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 34360 CANYON HILLS ROAD (APN: 363-231-015) 14. All landscaping and irrigation shall comply with the water -efficient landscaping requirements set forth in LF_MC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. 15. In the event the telecommunication facility ceases to operate, the applicant or property owner shall remove the facility and convert the site to its original condition or better at the discretion of the Community Development Director or Designee, 16, The Applicant shall comply with all applicable City codes and ordinances. 17, The equipment shall be maintained in the state of the original establishment of use at the discretion of the Community Development Director or their designee. BUILIDING AND SAFETY DIVISION PRIOR TO BUILDING PERMITS 18. All approvals from all departments have to be signed off before issuing Building Permits. 19. Environmental Health Department approval for storage of batteries. 20. All construction plans must be in accordance with the 2013 building codes. However, if the building permits are not obtained prior to June 17, 2015, the plans must be resubmitted to meet all current codes, 21. Prior to issuance of building permits, the applicant shall pay all appropriate fees. 22. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. 23. All walls are to be covered by anti -graffiti covering and the city shall have permission to abate any graffiti on site. lion Page 4 of 8 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-01 & COMMERCIAL DESIGN REVIEW 2015-10 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 34360 CANYON HILLS ROAD (APN: 363-231-015) ENGINEERING GENERAL 24. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85-26) shall be paid prior to issuance of building permit. 25. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 26. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition, export and/or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake-elsinore,om). 27. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 28. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be approved by the City Engineer. 29. The applicant shall accept and properly dispose of all drainage flowing onto or through the site. 30. The applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 31. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 32. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain systern. This includes prohibiting painting to occur onsite. ami ( ne�rsioi: Page 5 of 8 u!o'fi 201!% CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-01 & COMMERCIAL DESIGN REVIEW 2015-10 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 34360 CANYON HILLS ROAD (APN: 363-231-015) 33. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. PRIOR TO BUILDING PERMIT 34. Access easement or agreement shall be submitted to the Engineering Department for plan check. PRIOR TO FINAL INSPECTION 35. Access easement or agreement shall be recorded, with a copy submitted to the Engineering Department, LAKE ELSINORE FIRE MARSHAL GENERAL 36, LAKE ELSINORE FIRE PROTECTION PLANNING OFFICE RESPONSIBILITY - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The building permit number is required on all correspondence. Questions should be directed to the Lake Elsinore Fire Protection Planning Division at 130 S Main St., Lake Elsinore, CA 92530. Phone: (951) 674-3124 Ext. 225, Fax: (951) 471-1491. 37, APPROVED SYSTEMS- All of the following conditions titled "Prior to Final Inspection" and/or any type of fire suppression systems must be reviewed, inspected and approved by the Lake Elsinore Fire Protection Planning prior to Building Safety's final inspection. The Fire Department letter of conditions, job card and approved plans must be at the job site for all inspections. 38. ADOPTED CODES & LOCAL AMENDMENTS- The following plans have been reviewed and conditioned with requirements that correspond with the appropriate milestones. Regardless of the conditions, all plans shall comply with the Lake Elsinore Municipal Code, the 2013 Adopted Codes (CFC, CBC, CMC, ect.), and all standards referenced therein. These conditions are intended to assist in code am .rnrni,°.irt; Page 6 of 8 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-01 & COMMERCIAL DESIGN REVIEW 2015-10 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 34360 CANYON HILLS ROAD (APN: 363-231-015) compliance but, any required provisions not named in these conditions shall also apply. 39. Stationary Storage Battery Systems — Applicant/developer shall be responsible for obtaining permits from the Lake Elsinore Fire Protection Planning Department for Stationary Storage Battery Systems in accordance with the California Fire Code Section 608. The design must incorporate spill control, containment, neutralization methods, ventilation, and signage as detailed in 608. 40. Stand-by/Emergency Generator Tank Permits- Applicant/developer shall be responsible for obtaining permits from the Lake Elsinore Fire Protection Planning Department for aboveground fuel storage tanks in accordance with The California Fire Code. At least three copies of plans and specification sheets must be submitted to the Fire Department for review and approval prior to installation. A copy of the tank testing label from an independent test laboratory must be included with the plan submittal (UL 2200 &/or UL 142). If the tank will be installed inside of a building a 1 -hr fire rating shall be provide along with approved ventilation. Current plan check fee is $584.00 for the first tank and $149.00 for each additional tank. 41. Gated Entrances- Gate openings shall be as wide as the minimum 20 foot required width of the access lane(s) entering and exiting the development. Gates shall be located at least 35 feet into the development property to allow a vehicle to stop without obstructing traffic on the road. 42. Address at Site- The site address shall be clearly posted at the job site entrance during construction. This will enable incoming emergency equipment and inspectors to locate the job site from the assigned street. Numbers shall be a minimum of 24 inches in height. PRIOR TO BUILDING FINAL INSPECTION 43. Fire Lanes — Applicant/developer shall prepare a site plan designating required fire lanes with appropriate lane paintings and/or signs. Plans must be submitted to the Fire Department for review and approval. 44. Automatic and Manual Gates - Gate(s) shall be automatic or manually operated. Install know key operated switches with dust cover, installed mounted as recommended by the Know Company. Plans must be submitted to the Fire Department for approval of mounting locating/position/ and/or operating standards. Page 7 of 8 <?cioi.;er ii, 2015 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-01 & COMMERCIAL DESIGN REVIEW 2015-10 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 34360 CANYON HILLS ROAD (APN: 363-231-015) Special forms are available from this office for ordering the Key Switch. Current plan check fee is $212.00. 45. Extinguishers (Light Hazard) - Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted no higher than 5 ft above finished floor, as measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed; or within one year of from the date of month and year of manufacture. (NOTE: If only a year of manufacture is indicated, maintenance shall be due January 1st of the year following.) 46. Knox Rapid Entry Box- A rapid entry Knox Box shall be installed on the outside of the building, If a Knox box has already been installed provide keys to the tenant space for inclusion in the main building Knox Box. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper' monitoring. 47. Display Address (Building) - Display street numbers in a prominent location on the address side of building(s) and rear access if applicable. Numbers and letters shall be a minimum of 6" in height for non -habitable building(s). All addressing must be legible, of a contrasting color with the background and adequately illuminated to be visible from the street at all hours. All lettering shall be to Architectural Standards. 48. Electrical Disconnect Sign- Electrical disconnect shall be posted "ELECTRICAL Disconnect' in clearly legible and clearly visible lettering adjacent to the disconnect location. 49. Final Inspection- Prior to final fire approval you must be cleared by the Fire Department. Business is not allowed to be conducted in the building prior to final approval. Call our office to request a Fire Department inspection when you have approved plans and have installed items as required. t'��n�riin}� C:;curtisslUra Page 8 of 8 Ot%oii :f 6 201 5 Ilii?R,I: Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 7) City of Lake Elsinore Text File File Number: ID# 16-100 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City o1 Lake Elsinore Page 1 Printed on 31312016 1. t l ltl LS 1 H0 Rj--- CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: GRANT YATES, CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: COMMUNICATION SITE LEASE AGREEMENT SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS ALBERHILL RANCH PARK, 28200 LAKE STREET Recommendation Staff recommends that the City Council authorize the City Manager to execute the Communication Site Lease Agreement for Alberhill Ranch Park (APN 389-020- 056) with Verizon Wireless approving installation and operation of a wireless cellular facility at Alberhill Ranch Park subject to provisions set forth in the Agreement. Background The City Council had previously authorized staff to accept applications for using City Parks as wireless telecommunication facility sites and set forth land use and lease provisions. On January 5, 2016 the Lake Elsinore Planning Commission approved Conditional Use Permit No. 2015-11 and Commercial Design Review 2015-11, a request by Verizon Wireless for the replacement of an existing 69'-6" light pole located at 28200 Lake Street with a 69'-6" wireless telecommunications facility designed as a light pole. Verizon Wireless is requesting approval of a communication site lease agreement to install a wireless telecommunication facility designed as a 69'-6" high light pole, housing six paddle antennas, 12 remote radio units, and supplemental equipment. A lease area of 20' X 13'-4" feet (267 square feet) would be enclosed by CMU block enclosure eight feet in height to screen various ground mounted equipment. The park is generally located southeast of the intersection of Lake Street and Nichols Road. Canyon Hills Park Cellular Agreement March 8, 2016 Page 2 The proposed facility has been designed to be screened as a light pole and will replace an existing light pole that provides lighting to a baseball field. The screening material has been adequately designed to provide screening of the proposed antennas, thereby reducing the visual impact of the proposed facility. The proposed facility will still retain the functionality of the original light pole. The ground mounted equipment will be screened by an enclosure that has been designed in a manner consistent with other ancillary buildings located in the park. Staff from Community Services, Building & Safety, Fire, and Engineering have all reviewed the project. Discussion This is an opportunity for the City to provide cellular gap coverage to its residents, obtain an ongoing revenue source and regulate the cellular structure to be non - obtrusive to the general public while not impacting park activities. The Planning Commission review ensured proper location, screening and consistency with the existing park amenities. The applicant has agreed to the following site lease agreement provisions: 1. A 5 -year lease with four 5 -year extensions (25 years total). 2. Rent based on $2,500 per month. 3. Rent to automatically increase by 2.5% per year. 4. All construction and all other maintenance costs to be borne by applicant. 5. City reserves the right to either retain ownership of cellular structure after the lease expires or require removal of such structure. The attached communication site lease agreement sets forth specific provisions, legal description, location maps, and approved design plans. Prepared by: Grant Taylor, Director of Community Development Approved by: Grant Yates, City Manager Attachments: 1) Communication Site Lease Agreement 2) Planning Commission Conditions of Approval Site: _Alberhill Ranch Park - Coal_ Address: 28200 Lake Street, Lake Elsinore COMMUNICATION SITE LEASE AGREEMENT IFAS COMMUNICATION SITE LEASE AGREEMENT (the "Lease"), made this 8"h day of March, 2016. is entered into by and between the CITY OF LAKE E'LSINORE. a municipal corporation, (hereinafter referred to as "Landlord") and LOS ANGELUS SMSA LIMITED PARTNERSHIP DBA VERIZON WIRELESS (hereinafter referred to as "Tenant"). RECITALS The following Recitals area substantive part of this Lease: A. Landlord owns certain real property legally described in Exhibit "A" attached hereto and depicted in Exhibit "B" attached hereto. commonly known as Alberhill Ranch Park gcnerally located at 28200 Lake Street, Lake Elsinore. CA, 92532. Assessor's Parcel Number 389- 020-056 (the "Property"). B. Tenant desires to construct and operate a wireless communications facility on a portion of the Property. C. Subject to the foregoing terms and conditions. Tenant desires to lease a portion of the Property along with any necessary casements over other portions of the Property and/or shared use of Landlord's easements over other real property necessary for Tenant's access and utilities to the Lease Area (as defined below) for the purpose of constructing and operating a wireless communication facility. AGREEMENT The parties agree as follows: I. LEASE OF PREMISES. Landlord hereby leases to Tenant a portion of the Property, which portion generally consists of (i) approximately 20' by 13'-4" area comprising approximate[} two hundred and sixty-seven (267) square feet of exterior ground space (the "Lease Area") located oil the Property. which Lease Area will be improved; (ii) a non-exclusive right for ingress and cgress from a public rilollt of -way, seven (7) days a week, twenty four (24) hours a day, over the Property (the "Access Route") for the purpose of installation. operation and maintenance of communications equipment; (iii) the right to install, maintain, replace and repair telecommunication related wires. cables, conduits and pipes underground and along a right-of-way extending from the underground power trench to the Lease Area (the "Underground Tc(co Trcnch.-): and (iv) the right to install, maintain, replace and repair electrical power related wires, cables, conduits and pipes underground to the Lease Area (the "Underground Power Trench"). The [,ease Area, the Access Route, the Underground "Petco '1 -reach, and the Underground Power Trench are hereinafter collectively referred to as the "Premises" and are depicted on the sheets Cell lo..ei I cxc - Afhadiill Ranch Pad: attached to Exhibit `C" attached hereto, h1 the event any public utility is unable to use either the Underground Telco Trench and/or the Underground Power Trench, Landlord hereby agrees to grant an additional right-of-way either to Tenant or to the public utility at no cost to Tenant, provided, however, that such additional right-of-way shall be as reasonably designated by Landlord and shall not unreasonably interfere with the primary purpose of the Property as a public park, 2. PERMITTED USE/ALTERATIONS AND ADDITIONS. (a) Tenant shall use the Premises exclusively for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its conv»unications fixtures which includes the [list improvement structures] as generally depicted it) Exhibit "C" along with the related equipment, cables, accessories and improvements (collectively. the "Communication Facility") and uses incidental thereto in accordance with this Lease and in compliance with all applicable laws and for no other purpose. Before commencing any subsequent material alterations or improvements to the Premises (except for upgrades or replacements of" like - kind" equipment which is comparable in dimensions and weight, or equipment which is comparable in dimensions and weight and wholly contained within the Lease Area. Tenant shall submit plans and specifications to Landlord for Landlord's written approval, which approval shall not be unreasonably withheld, conditioned or delayed. (b) Prior to commencing any %ork (except for (i) routine maintenance or repairs. or (ii) responding to an emergency) related to the Communication Facility improvements or any other improvements approved by Landlord. 'Tenant shall endeavor to notify, Landlord in writing of the expected commencement date. Landlord shall have the right thereafter to post and maintain on the Premises such notices as Landlord deems necessary to protect Landlord and the Premises from mechanics' liens_ materialmen's liens or any other applicable liens. 'Tenant shall pay, when due, NJ claims for labor and materials furnished to or for Tenant for use in improving the Premises. .l chant shall pay, when due, all claims tar Labor or materials furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics' or materiahmen's lien against the Premises or any interest therein. IP Tenan in good faith, contests the validity of any such lien, claim or demand. then Tenant shall, at its sole expense, defend itself and Landlord against the same and shall pay and satisfy any such advavejudgment thatmay be rendered thereon before the enforcement thercol' against Landlord or the Premiscs. (c) Tenants performance under this lease is conditioned upon Tenant obtainin, on its sole expense, all governmental licenses, permits and approvals enabling Tenant to construct and operate wireless comnnnications facilities on the Premises. Prior to the commencement of construction of any improvements on the Premises- Tenant shall, v�ithout limitation, apply for and secure the follo\ng. and pay all costs. charges and Ices associated wr with any pemits and lees ��i required by the City of Lake Elsinore, the County of Riverside, and any other governmental agency having jurisdiction. Landlord agrees to cooperate with Tenants reasonable requests fbr Landtomrs signatures as real property owner on permit applications, for allowing site inspections by governmental agencies required in connection with reviewing permit applications, and for cooper hive assistance in obtaining such necessary approvals. provided that such cooperation and assistance shall be at no expense to Landlord and upon the express understanding that the execution of this Lease does not constitute the granting of or a commitment to obtain any required land use permits. entitlements or approvals required by the City of Lake Elsinore. 3. TERM. (a) file initial term of this Lease ("Initial herm") shall be five (5) years commencing on the Iirst day ofthe month in which Tenant begins construction of the Conlin Lill tcation Facility on the Promises or the first day of the month that is three (3) months from the date of full execution Of this Lease, whichever occurs fust ("Commencement Date"). Tenant shall promptly deliver written notice to Landlord of the Commencement Date. (b) Tenant shall have the right to extend the Initial Term of this Lease for four (4) additional terms (each a "Renewal Term? of five (5) years each. The terms and conditions for each Renewal Term shall be the same terms and conditions as in this Lease, except that the Annual Rent shall be increased as set forth herein below. This Lease shall automatically be extended for each successive five (5) year Renewal Term unless Tenant notifies Landlord in Writing ofTenanCs intention not to extend this Lease at least thirty (30) days prior to the expiration of the initial Term or then existing Renewal Term. (c) file Initial Tcrm. and the Renewal Term(s) are collectively referred to as the I. RENT. (a) Upon the Commencement Date. Tenant shall pay Landlord in advance. as annual ent. the stun of Thirty Thousand Dollars ($30.000.00) per year, which is subject to annual adjustmcut by I,.andlord as provided below (the "Annual Rent"). The Annual Rent shall be due and payable from "Tenant to Landlord, and Tenant shall pay such Annual Reni, in full on the Commencement Date and thereafter on each anniversary of the Commencement Date without offset. in advance. Tenant shall make all payments to City at Be following address: City of We Elsinore Administrative Services Department 130 South Main Sweet Lake Flsinorc, CA 92530 (h) Throughout the Term on each anniversary ofthe Coouuencement Date. the Annual Rent shall increase by an aunount equal to two and one-half percent (2.5)/'0) of the Annual Rent paid in the immediately preceding year. 13), nay of example, Be Annual Rent due on the first anuivarsary of the Commencement Date shall be $30.750.00. the Annual Rent due on the second anniversary ofthe Commencement Date shall be 531.518.75. and so on. (c) Any and all sums in addition to the Annual Rent payable by Tenant to Landlord purswult to Be provisions of this Lease or arising Rom 'Tenant's use and occupancy ofthe Promises shall be deemed additional rent under this Lease and d0huh by "Tenant, alter its receipt of written notice and the expiration of all applicable cure periods. in the payment of any such sums shall entitle Landlord to all the same remedies as would be applicable in the case of nonpayment of Annual Rent hereunder. (d) I Tenant fails to make any payment of Annual Rent, or other charges when due and the failure is not cured within fifteen (15) days after Tenant's receipt of written notice of such failure, it would be impracticable or extremely difficult to fix the actual damage to Landlord resulting from such nonpayment and the collection efforts of Landlord necessitated thereby. Therefore. Landlord and Tenant estimate that such damage shall be ten percent (10%) of the unpaid amount, and "Tenant shall pay, as additional rent, that sum, in addition to all other sums owing. hl addition, Tenant shall pay to Landlord. as additional rent, a fee of $45.00 for any check presented by Tenant that is dishonored by the banking institution. -5. TERMINATION. This Lease may be terminated, without penalty or further liability, as follows: (a) by written notice from the non -defaulting party, if the defaulting party remains in default under Paragraph 15 of this Lease after its receipt of written notice and the expiration of the applicable cure periods; (b) by Tenant upon written notice it, for any reason other than Tenant's lack of reasonable diligence, 'Tenant is unable to obtain or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the installation and operation of the Coil] Trion Facility; or (c) by Tenant on sixty (60) days written notice Ior any reason, other than (a) or (b) above, or in paragraphs 19 or 20, below. so long as Tenant pays Landlord a termination fee equal to three (3) months Annual Rent, at the then current rate. (. INSURANCE Tenant shall procure and maintain for the duration of the "Term insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant's operation and use ol'the Premises in accordance with the terms and conditions of this Section 6. The cost of such insurance shall be borne by Tenant. (a) Minimum Scope of Insurance. The insurance required to be maintained by Tenant shall provide coverage at least as broad as: i. Insurance Services Off -ice Commercial General Liability coverage (occurrence form) or substantial equivalent. ii. Workers' Compensation insurance as required by the State of California and i'Amploycr's Liability. iii. Property insurance against all risks of loss to any the Comnnnciation Facility and Tenant's other improvements or betterments at the Premises. iv. Automobile liability insurance covering all owned, non -owned and hired vehicles. 4 (b) Minimum Limits of Insurance. Tenant shall maintain limits no less than: i. General Liability: $5,000,000 per occurrence for bodily injury, and property damage and $5,000,000 general aggregate. ii. Employer's Liability: $1.000,000 each accident/disease/policy limit. iii. Property Insurance: Full replacement cost with no coinsurance penalty provision. iv. Automobile: $1,000,000 combined single limit each accident for bodily injury and property damage. (c) Other Insurance Provisions. The general liability policy shall i. Include Landlord. its officers, elected and appointed officials. and employees as an additional insured as their interest may appear under this Agreement. Be primary insurance as respects Tenant's operations. Any insurance or self' insurance maintained by Landlord shall be excess of Tenant's insurance and shall not contribute with it in this respect. (d) Acceptability of Insurers. Insurance is to be placed with insurers vwith a current A.M. Best's rating of no less than A: VII. (e) Verification of Coverage. Tenant shall furnish Landlord with original certificates evidencing coverage required by this Section 6. All certificates are to be received by the Landlord within thirty (30) days after the Commencement Date. (f) Subrogation Waiver. Landlord and Tenant hereby waive any rights of recovery each may have against the other for any loss or damage to Landlord or I enav, or their respective property. the Premises or its contents arising from any risk typically insured by fire_ extended coverage and any other property insurance. The respective insurance policies will also conform to such waivers. 7. INTERFERENCE. (a) Landlord may grant_ atter the date of this Lease.a lease, license or any other right to any third party fbr the use of that portion of the Property not included in the Premises, if such use does not adversely aftect or does not cause hamful interference which is measurable in accordance- with then existing industry standards to 'I'enant's then existing Communications Facility. and subject to further provisions hereof. Landlord will notify Tenantn w ill prior to granting any third party the right to install and operate communications equipment on the Property. Provided that Tenant complies with requirements set forth in Section 2. nothing contained herein will restrict 1'euant nor its successors and assigns from installing and modifying its communications cquipment in a manner consistent with Exhibit "B" and in compliance with applicable Laws. s (b) Landlord will not use. nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property in any way that (i) unreasonably interferes with the operations of' Tenant or the rights of Tenant under this Lease or (ii) causes harmful interference which is measurable in accordance with then existing industry standards to 'I enant's then existing Communications Facility. To the extent possible. Landlord will cause such interference to cease as soon sts reasonably practicable. but in any event within seventy-two (72) hours following notice from Tenant. Notwithstanding the foregoing. Tenant acknovvIedges and agrees that Landlord's Fire Department occupies other portions of the Property and operates communication equipment thereon. Tenant has had the opportunity to analyze the effect of such existing uses on its current use ofthe Premises and Tenant acknowledges that such existing uses do not currently cause harmful interference which is measurable in accordance with then existing industry standards to Tenant's then existing COnnmttnicatlons Facility. Notwithstanding the foregoing and in recognition of the critical public safety mission carried out by Landlord's Fire Department. under no circumstances shall the use of'current or 'future communication equipment by the Fire Department constitute a harmful interference with the operations of Tenant irrespective of'indusu'\ standards. hn such circumstance, Tenant's sole remedy shall be to terminate this Lease. 8. INDEMNIFICA'T'ION. (a) I errant agrees to indemnify. defend and hold Landlord. its elected and appointed officials, officers. employees, agents and independent contractors, harmless from and against any injury. loss. damage or liability vv°hatsoever (or any claims in respect of' the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) to the extent arising out of or in connection with the negligence or willf it misconduct of Tenant, its employees. contractors or agents, except to the extent attributable to the negligent or intentional act or omission of Landlord. its employees, agents or independent contractors. (b) Tenant. as a material part of the consideration rendered to Landlord in entering into this Lease. hereby waives all claims against Landlord for damages to Tenant's Communication Facility improvements and for death of or injury to Tenant, its agents, employees, invitees or any third person in o about tine Premises from any cause except for Landlord's willful or negligent misconduct. (c) Landlord agrees to indemnify, defend and hold 'tenant.. its emploN'ecs. contractors and agents, harmless from and against any and all injury, loss. damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorne)s' fees and court costs) arisimt out of the willful misconduct or negligence of Landlord or its employees or agents, except to the extent attributable to file negligent or intentional act or omission of Tenant, its cnnployccs, agents or independent contractors. 9. WARRANTIF,S. (a) l mall and Landlord each acknowledge and represent that it is duly organized. validlv existing and in good standing and has the right, power and authority to enter into this Lease and bind itself hereto through the party set forth as signatory for the parts below 6 (b) Landlord represents and warrants and covenants that: (i) as long as Tenant is not in default under this Lease after its receipt of written notice and the expiration of all applicable cure periods. Tenant shall have actual, quiet and peaceful use. enjoyment and possession of the Premises; and (ii) to the best of its current. actual knowledge, without investigation or inquiry. Landlord's execution and performance of this Lease will not violate any laws, ordinances, covenants or the provisions of any mortgage. lease or other agreement binding oil the Landlord. (c) Except as otherwise set forth herein. Landlord makes no warranty, express or implied, regarding the condition of the Property and/or the suitability of the premises for the installation and operation of Tenant's Communication Facility. Tenant acknowledges and agrees that the Premises are being leased in all "AS -IS" condition. 10. ENVIRONMENTAL. Landlord warrants and agrees that neither Landlord nor, to Landlord's knowledge, any third party has used, generated, stored or disposed of. or permitted the use, generation, storage or disposal of. any Hazardous Material (yrs defined below) on. under, about or within Landlord's Property in violation of any law or regulation. Landlord and Tenant each agree that they will not use, generate, store or dispose of any Hazardous Material on, under, about or within Landlord's Property in violation of any law or regulation. Landlord and Tenant each agree to defend and indemnify the other and the other's partners, affiliates, agents and employees against any and all losses. liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement contained in this paragraph. "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous. toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). if. SPECIAL CONDITION RELATED TO TECHNOLOGY IMPROVEMENTS. Tenant agrees that as equipment installed as part of this Lease needs replacement due to obsolescence or the end of its useful life (as determined by Tenant. based on its sole and absolute discretion), that "tenant shall endeavor to ensure that such replacement will be done with the least visually and environmentally impacting equipment readily available on the market. Accordingly, with respect to equipment replacement within the public viewshed of the Property. Tenant shall submit plans and specification for such equipment replacement to the City of Lake Elsinore for review and approval_ which approval shall not be unreasonably withheld. Tenant agrees to cmploy reasonable means to mitigate any view and noise impacts of such equipment. 12. RIGHT TO RETAIN [LIST IMPROVEMENTS1. Notwithstanding Section 13 below, in contemplation of the expiration of the Term. Landlord shall have the right to request that the [hnprovements] (along with ancillary improvements to the [hnprovements], inchtding but not limited to utilities improvements necessary for lighting and operation). not be removed from the Leased Area and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or sooner termination of the "berm. 13. REMOVAL. Except as provided in Section 12, all portions ofthe Communication facility brought onto the Property by Tenant will be and remain 'Tenant's personal property and, at Tenant`s option. may be renxrved by Tenant at any time during tile'1'ertn. provided, however.. that tcnam shall repair any damage to the Property caused by such removal and restore the Premises 7 to substantially the same condition existing prior to Tenant's installation of such Communications Facility improvements, reasonable wear and tear and casualty damage by others excepted. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed oil the: Premises by Tenant will become, or be considered as being affixed to or a part of. the Property, it being the specific intention of the Landlord that all improvements of every kind and natureconstructed, erected or placed by Tenant on the Premises will be and remain the property of the "Tenant and may be removed by Tenant at any time during the Term. Within thirty (30) days of the expiration or ninety (90) days after any earlier termination ofthis Lease. Tenant will remove- at its expense, all of the Communications Facility improvements and shall surrender the Premises to Landlord in substantially the sante condition as existing prior to Tenant's installation of such Communications Facility improvements, reasonable wear and tear and casualty damage by others excepted. L.-andlord acknowledges that Tenant may enter into financing arrangements including promissory notes and financial and security agreements for the financing of the Communications Facility (the "Collateral") with a third party financing entity and may in the future enter into additional financing arrangements with other financing entities. In connection thercvN ith. Landlord (i) consents to the installation of the Collateral to the extent that the Collateral is part of' the approved Communications Facility and is otherwise in compliance with the terms and conditions hereof: (ii) disclaims any interest in the C011ateral, as fiYtwes or otherwise: and (iii) agrees that the Collateral shall be exempt from execution, foreclosure. sale, levy, attachment, or distress for any Anntlal [tent due or to become title and that such Collateral may be removed at any time without recourse to legal proceedings provided that the Property is returned to substantially the same condition existing prior to Tenant's installation of such Communications Facility improvements, reasonable wear and tear and casualty damage excepted. Notwithstanding the foregoino. prior to entering into any such financing arrangements.'f enant shall endeavor to notify Landlord in writing of its intention to enter into such arrangement and shall provide Landlord with all applicable documentation reasonably requested by Landlord evidencing such arrangements. Tenant shall not enter into any financing arrangeme-nts ykhich tsould impair the rights of Landlord hereunder and in no event shall such arrangements apply to the Premises or the Property. hn the event that any third party financing, entity forecloses on the Collateral or other4v ise takes oyer Tenant's operation of the Communications Facility such entity shall be bound by and shall comply with all the terms and conditions of this Lease and shall execute an agreement reasonably acceptable to Landlord assuming all of the obligations of' Tenant hereunder. 14. NIAINTENANCE; UTILITIES. (a) Fxcept as provided in subparagraph (c). Tenant will keep and maintain the Lease Area in good condition, subject to reasonable wear and tear and shall ensure that the FUIX Light Polc is provided regular maintenance due to its exposure to the elements, which maintenance shall include periodic painting" repair and/or replacement of components. (b) Tenant will be solely responsible for and promptly pay all utilities charges for eleetricitc. telephone service or any other utility used or constuncd by 7 errant on the Pl'enlseS. Landlord will fully cooperate with any utility company requesting a license over. under and across the Property in order for the Utility company to provide service to the Tenant. (c) In recognition of the Faux Light Pole inherent public landmark qualities and its location within a public park. Landlord shall be responsible for promptly remediating any graffiti within the Lease Area in general and the [improvements] in particular without additional cost to Tenant. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Lease: (i) non-payment ofAnnuat Rent (includingaddidonal rent) (as set forth in Section 4 hereof) ifsuch Annual Rent remains unpaid for more than fifteen (15) days after Tenant's receipt of written notice oi'such failure to pay from Landlord: or (ii) Tenant's failure to perform any other term or condition under this ]_.ease within thirty (30) days after Tenant's receipt of written notice from Landlord specifving the failure. No such lailure, however, will be deemed to exist ifTenant has convmnced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control o' Tenant. ]f Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and alt rights and remedies available to it under law and equity. including the right to cure Tenant's defauh at Tenant's expense. Any reasonable costs incurred by Landlord to cure a default of Tenant as set forth in the preceding sentence shall be considered additional rent and shall he paid by Tenant to Landlord within thirty (30) days following Landlord's written demand therefor. (b) Landlord's failure to perform any term or condition under this Lease within thirhv (30) days after receipt of written notice from Tenant specifying the failure will be deemed a default by Landlord and a breach of this base. No such failure, however, will be deemed to exist if Landlord has corunenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. if Landlord remains in default beyond any applicable cure period. Tenant will have the right to exercise any and all rights available to it under law and equity. II ASSIGNMENT/SUBLEASE. Tenant shall not, without Landlord's prior. written consent. which shall not be unreasonably withheld_ conditioned o delayed, assign this Lease or any interest in this Lease or any right or privilege appurtenant hereto on, permit use ofthe Premises by any person or persons other than "tenant, its employees. agents, contractors and sub -contractors. Consent by Landlord to any assignment or subletting shall not conmiane consent to any subsequent assignment or subletting. Notwithstanding the foregoing to the conmary_ this Lease may be sold. assigned or transferred by 'Tenant without any approval or consent of Landlord to Tenant's principal. affiliates, subsidiaries of its pi incipal or to any entihy Well acquires all or substantially A of Tenant's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger_ acquisition or other business reorganization. Any assignee. sublessee or aansferee shall agree for the benefit of Landlord to be bound bv. assume and perform all the terms, covenants and conditions of this Lease. No change of stock o\wne ship. partnership interest or cNuml of Tenaut or transfer upon partnership or corporate dissolution of Tenant shalt constitute an assignment hereunder. 9 17. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if' sent by certified or registered mail, return receipt requested, or by a recognized overnight courier, postage prepaid, to be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. Notice will be addressed to the parties at the addresses set forth below: Tenant: Los Angeles SMSA Limited Partnership dba Verizon Wireless I80 Washington Valley Road Bedminster. NJ 07921 Attn: Network Real I3state Landlord: City of Lake Elsinore Pam: City Manager 130 S. Main Sweet Lake 'Elsinore. CA 92530 Either party hereto may change the place for the giving of notice to it by written notice to the other as provided herein. 18, SEVERABILITY. If any term or condition of' this Lease is found unenforceable. the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. 19, CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the premises. Landlord will provide notice of the proceeding to Tenant within ten (10) days. if a condemning authority takes all of the Property, this Lease will terminate as of the date the title vests in the condemning authority. Ifas a result of a partial condemnation of the Premises or the property, Tenant determines. in 'T'enant's We discretion, that it is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt Tenant's operations at the Premises for more than forty-five (45) days, Tenant may, at Tenant's option, to be exercised in writing within fifteen (15) business days after Tenant receives Landlord's written notice of such condemnation (or in the absence of such notice. within Fifteen (15) business days after the condensing authority shall have taken possession) terminate this Lease as of the date the condenming authority tales such possession. All awards for the taking of any part of the Premises or proceeds from the sale made under the threat of the exercise of the power ofeninent domain shall be the property of Landlord, provided that 'Fount shall be entitled to any award for loss of or damage to TenanCs fixtures and removable. personal property and reasonable moving and relocation expenses if awarded against the condemning authority. Fenant will be entitled to reimbursement for any prepaid Annual Rent. 20. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the premises within ten (10) days of the casualty. Consistent with paragraph 6(f) of this Lease, Landlord shall not he required to repair any injury or damage, by fire or other casualty_ w the property of'fenant, or to make repairs or replacements of any Communication Facility or other improvements installed on the Premises by or for Temant. If any part of the Conurns ication Facility or premises is damaged by Fire or other casualty so as to render the Premises unsuitable, in Tenant's reasonable determination. then Lcnant no) terminate this lease by providing written 10 notice to the Landlord no later than thirty (30) days following Tenant's receipt off a ad I ord's notice of casualty (or in the absence of such notice, within thirty (30) days after the casualty event), which termination will be effective as of the date of Tenant's notice of termination. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent. 21. WASTE, NUISANCE. 'tenant shall not use the Premises in any manner that may result in waste or the creation of a nuisance, and Tenant shall maintain the Premises free of any ob,,jectionable and unreasonable noises, odors or disturbances. Tenant's use as permitted hereunder shall not be deemed a nuisance or to create unreasonable noises, odors or disturbances. 32. TAXIS. (a) 'I enant shall pay prior to delinquency all taxes, assessments, license fees and other public charges levied. assessed or imposed or which become payable during the "berm of this Lease upon any of Tenant's Communication Facility improvements and all other equipment and personal property of 'tenant installed or located upon or about the Premises. Whenever possible, Tenant shall cause such property to be separately assessed. If, however, an), or all of such items shall be assessed and taxed with the I.,andlord's real property. Tenant shall pay to Landlord such taxes as are attributable to Tenant's Communication Facility improvements and all other equipment and personal property of Tenant located at the Premises within thirty (30) days after receipt of an invoice from Landlord advising Tenant of the taxes applicable to Tenant's property together with a copy of the tax bill. (b) Tenant recognizes and understands that this Lease may create a possessory interest pursuant to California Revenue and Taxation Code Section 107 and as such this Lease may result in the assessment of property taxes against the Premises by the County of Riverside. 'I chant shall pay, prior to delinquency, any possessory interest taxes assessed against Tenant's interest in the Premises or Tenant's interest in the underlying realty during the Term. (c) Tenant shall pay any business tax or license fee imposed upon its operation or its interest under this Lease by any applicable governmental authority. 23. ENTRY BY LANDLORD. Tenant shall permit Landlord and Landlord's agents to enter the Premises at all reasonable times after Tenant's receipt of written notice from Landlord (which notice shall not be required in the event of an emergency) and with a representative of Tenant present (unless "tenant elects not to require the presence of such representative) for the purpose of inspecting the same, or for the purpose of posting notices of non -responsibility for alterations, additions or repairs. Landlord acknowledges and agrees that I enant's equipment and improvements are highly sensitive. Accordingly, it is agreed, that only authorized enaineers- employCCS or properly authorized contractors of "tenant or persons under their direct supervision \N ill be permitted to handle or touch Tenant's equipment and improvements, 24. HOLDING OVER. If Tenant should remain in possession of the Premises after the expiration ofthc removal period described in Section 13 above without executive a neNv aereement or unless the parties are negotiating a new lease or lease extension in good faith, then such holding over shall be construed as a tenancy from year-to-year, subject to all conditions, provisions and obligations of this Lease insofar as they are applicable to a year-to-year tenancy, except the Annual Rent shall be increased to one hundred and ten percent (110%) of the Annual Rent applicable during the year immediately preceding such expiration or earlier termination. 25. ATTORNEYS' ELL'S. In the event Of any legal action or proceeding between the parties. the prevailing party shall be entitled to reasonable attorneys' ices and expenses as a part of the judgment resulting therefrom. 26. NO PRECEDENTIAL VALUE TO EITHER PARTY. The terns and conditions of this Lease are specific to this particular transaction and this Lease shall not have any precedential value to either party. 27. MISCELLANEOUS, (a) Amendment; Waiver. This lease cannot be amended, modified or revised unless done in writing and signed by an authorized signatory of the Landlord and an authorized signatory of tlic Fenant. NO provision may be waived except in a writing signed by both parties. (b) Short Form Lease. 1_;ither party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lcase in lorm reasonably acceptable to both patties. Either party may record this memorandum at any time. in its absolute discretion. (c) Successors and Assigns. The terms and conditions contained in this Lease shall bind and inure: to the benefit of the parties, their respective heirs.. executors, administrators, successors and assigns. (d) Entire Agreement. This Lease and the exhibits attached hereto. all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers. negotiations and agreencnts. (e) (;on°erning Late. This Lease will be governed by the lzws of the State of California, without regard to conflicts of law. (1) Interpretation. t_Inless othcrN\-ise specified, the following rules of construction and interpretation apply: (i) captions arc lot, convenience and reference only and in no way define or limit the construction ol'the terms and conditions hereof: (ii) use ofthe term "including' will he interpreted to mean "including but not limited to": (iii) whenever a party's consent is required under this Lease. except as otherveisc stated in the Lease or as same may be duplicative. such consent will not be unreasonably u-ithheld, conditioned or delayed; (iv) exhibits arc an integral part of the lease and arc incorporated by reference into this ],case; and (vi) reference to a default will take into consideration any applicable notice, grace and cure periods. ('g,) Estoppel. 13ither party will, at any time upon thirty (30) days prior written notice fi-om the other. execute, acknovvlcdee and deliver to the other a statement in writing (i) ccrtili'ing 12 that this Lease is unmodified and in full force and effect (or, i'f modified, stating the nature ol'such modification and certifying this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not. to such party's knowledge, any uncured defaults on the hart of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. (h) No Option. The submission of this Lease for examination or consideration does not constitute a reservation of or option for the Premises. This Lease will become effective only upon the legal execution and delivery hereof by Landlord and Tenant. (i) Time is of the Essence. Time is of the essence in this Lease. (j) Relationship of Parties. The relationship of the parties hereto is that of Landlord and "Tenant and it is expressly understood and agreed that Landlord is not in any way or for any purpose a partner of"Tenant. or a joint venturer with Tenant in the conduct of I enanCs business or other"N isc. IN WITNESS WHEREOF. the undersigned have caused this Lease to be executed as of the dates set forth below. Dated: A hTEST: CITY CLERK I3_v: Susan Domert_ City Clerk APPROVED AS TO FORM: Bv: Barbara Leibold, City Attorney Dated: 14 "LANDLORD" CITY OF LAKE' FILSINORE, a municipal corporation Grant Yates, City Manager "TENANT" LOS ANGELES SMSA LIMITED I D PARTNFRSI IIP dbaVERIZON U/IRIiI I1:SS 13v: AIR 1 OUCI1 CELLt TAR. its general partner fly: Harold W. Navarre_ LxCcutiee Director EXHIBIT «A„ PROPER 'T Y LEGAL DESCRIPTION [Attached Sheets 1 through 2 ] EXHIBIT "B" PREMISI S DF"PIChIONS [.Attach Sheets I through 2 ] Vicinity Map and Aerial Map EXHIBIT "C" IMPROVGME'NT' 1)I�PIC" I IONS [Attach Sheets _1 through 7 1 The Lake l'lsinore Planning Commission approved project plans dated October 6, 2015 for Conditional Use Permit No. 2015-10. Plan Sheets: 'I'1 — Title Sheet & Project Data LS -1 -Site SllrvcV A-1 — Overall Site Plan A-2 -- Gnlarged Site & Antenna Plan A-3 -- Landscaping & Irrieation Plan A-4 -- Elevations A-5 - t lcvations PROPNRTY UAW, DL;SCRTPTION Attached Sheets 7 through 7 Order No. 140-1597310-66 Schedule "A" The estate or interest in the lana hereinafter described or referred to Covered by this report is: A Fee ']'tile to said state of, interest at the date hereof is vested in: The Ciiy of Lake Elsinore, a California Municipal Corporation The land referred to in this report is situated in the County of Riverside, Stale of California, and is described as follows: Lot I as shown on Tract No. 2£214-4, of Map recorded in Book 396, Pages 3 through 7, inclusive, of Maps, Official Records, in the City of Cake Elsinore, County of Riverside, State of California, excepting thcrefi om those portions described as follows: Parccl A: Beginning at the Southeasterly corner of Lot 4 as shown oil said Map thence along, the Southwesterly prolongation of die Southeasterly tine of said Lot 4, South 21°00'21" West, 8.01 feet to a paint on a line that is parallel Willi and 8.00 feet Southwesterly, measured at eight angles, from the Southwesterly line ofsaid Lot 4; Thence leaving said Southwesterly prolongation ofsaid Southeasterly line, along said parallel line, North 66°16'07" West, 95.32 feet to a point on the Southwesterly prolongation of the Northwesterly line of said Lot 4; Thence Northeasterly along said last mentioned Southwesterly prolongation, North 22°40'.10" East, 8.00 feet to the Southwesterly corner of said Lot 4; Thence along the Southwesterly line ofsaid Lot 4, South 66016'07" East, 95.09 leer to the it point of beginning. Pared 13: Commencing at the Northeasterly corner of said Lot I, thence along the Southeasterly tine of said Lot 1, South 2V12'12" West, 66.06 feet to the true point of beginning; Thence continuing along said Southeasterly line, South 26" l2' 12" West, 779.80 feet to a point on the Northwesterly right of way of Aldenwood Circle as shown oil Tract No. 282.14-5, of Map recorded in Book 403, Pages 36 through 43, inclusive, of Maps, Official Records of said County, said point also being a point on clove concave Easterly, having a radius of 65.00 feet, a radial line to said point bents Not 6° 33' 40" West; Thence along said Northwesicrly right of way, Southwesterly an arc Icngth of 65.00 feet along said curve through a central angle of 45° 49' 52"; Thenoc leaving said Southeasterly line on a non -tangent line North 52"23'32" West, 45.87 feet; Thence North 21" 12' 08" West, 46.90 fent to the beginning of a tangent curve concave Easterly, having a radius of 78.00 feet; Thence Northerly, an arc length of 75.46 feet along said curve through a cenu al angle of 55°25'48' Thence North 34° 13' 40" Past, 63.32 feet to the beginning of a tangent curve concave Westerly, hewing a radius of 42.00 feet; Thence Northerly, an arc length of 40.84 feet along said curve through a central angle of 55°42'54"; Phenec North 21" 29' 14" West, 100.49 feet to the beginning of"I tangent curve concave Fasterrly, having a radius of 78.00 feet; Page 2 Order No. 140-1597310-66 Thence Northerly, an arc length of 66.14 feel alongsaid curve through a central angle of 48°34'55"; Thence Not 27"05'41" Fast, 113.05 feet; Thence South 64°33'42" Gast, 86.47 feet; Thence North 57'20'51" Gast, 93.85 feet; Thence North 22"57'20" Blast, 22.30 feet; Thence North 25"46'44" East, 83.38 feet to the beginning a non -tangent curve concave Northerly having it radius of 112.03 feet, a radial line to said beginning efcurve bears South I6°34'02" West; Thence Northwesterly, an arc length of 136.23 feet along said curve through a cenhral angle of 69°40'26-'; Thence Not 36°53 '36" East, 31.57 feet; 'thence Not 28"29'48" Bast, 55.87 feet to the beginning of a curve concave Southeasterly having a radius of 24,00 fear Thence Northeasterly, an arc length of 10.03 feet along said curve through a centrad angle of 23°57' 14" to a point on the Southeasterly line of said Lot I, said point also being the it -tic point of beginning. Assessor's Parcel Numbeis(s): 389-020-056-3 Paye 3 EXHIBIT "B" PREMISES DETICTIONS [Attach Sheets Ithrouth 2 j Vicinity Map and Acrial Map CONDITIONAL USE PERMIT NO. 2015-05 AND COMMERCIAL DESIGN REVIEW NO. 2015-11 PROJECT SITE Y's I ) R I A 1) LN I I CONDITIONAL USE PERMIT NO. 2015-05 AND COMMERCIAL DESIGN REVIEW NO. 2015-11 CITY F LA Kl', C -- s i rimj' rxl n Brr "u, IMI'ROVI_MI-NT D13PIC'I'IONS IAltaeh Sheets _1_ through _7_1 The We I' Anore Planning Commission approved project plans dated October 6, 2015 for Conditional Use Permit No. 2015-10. Plan Sheets: TI -- Title Slicer & Project Data I'S -I -- Site Survey A-1 __ Overall Site Plan A-2 - FInlarged Site & Antenna Plan A-3 - Lan(kcaping & Irrigation Plan A4 P,levations A-5 - Idevadons MPPP7 jt 0 m — ------------- - -0 -g u !pTi MPPP7 jt 0 m 2 'A f w": M Ip J P�j g Rg Al i p O o . . . o t L a\ \a t L f., I I Til 6 iv Ai y R ti 2 £p WV Al vp W an OR jJ ps a 4, OU .0 Ql, S -EF Wquqy unrRt. sob bit a - A CD ,,, m !}{} § "s) fig) \/ moo < ;�\ \\/��� \ 4-- 1 . � \� � \ � � � \ \ \ /(\\(\ i \ \ \� \ }\ ,,, m !}{} § "s) fig) \/ moo < ,,, m <: . § "s) fig) moo < \\/��� 4-- 1 . f L � Z� z�� / IN /(\\(\ ,,, m <: . § \) moo < \\/��� 4-- 1 . f L � Z� z�� / IN /(\\(\ i \ \ \� \ }\ � � ,,, m <: . § \) moo < \\/��� . � / IN /(\\(\ i MY to %:pg 11 I E IN 11 "" I CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-05 & COMMERCIAL DESIGN REVIEW 2015-11 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 28200 LAKE STREET, LAKE ELSINORE (APN: 389-020-056) GENERAL CONDITIONS 1. The proposed project has been approved for the construction of a wireless telecommunication facility designed as a 69'-6" high light, housing six paddle antennas, 12 remote radio units, and supplemental equipment and the construction of a 20'-0" X 13'-4" CMU block enclosure, with a total height of 8'-0" to screen various ground mounted equipment. The proposed project is located in the Alberhill Ranch Specific Plan at 28200 Lake Street, Lake Elsinore (APN: 389- 020-056). 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit project attached hereto. 3. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. 4. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 5. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the applicable provisions of the Lake Elsinore Municipal Code (LEMC). 6. Conditional Use Permit No. 2015-05 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections ((3) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a cin< L<,i,tir�i roar Page 1 of 7 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-05 & COMMERCIAL DESIGN REVIEW 2015-11 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 28200 LAKE STREET, LAKE ELSINORE (APN: 389-020-056) conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. 7. Commercial Design Review No. 2015-11 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. 8. Any violation or non-compliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit in accordance with LEMC Chapter 17.168, 9. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the Lake Elsinore Municipal Code (LEMC). 10. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check, All Conditions of Approval shall be rnet prior to the issuance of a Certificate of Occupancy and release of utilities. 11. All site improvements shall be constructed as indicated on the submitted and approved plans. The applicant shall meet all required development standards as indicated by the Commercial Design Guidelines and the Lake Elsinore Municipal Code (LEMC). Any revisions to the approved site plan or building elevations, shall be subject to the review of the Community Development Director or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by the conditions of approval. 12. All materials and colors depicted on the plans shall be used. If the applicant wishes to modify any of the approved materials or colorsdepicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or their designee. Page 2 of 7 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-05 a COMMERCIAL DESIGN REVIEW 2015-11 FOR A TELECOMMUNICATION FACILITY 8, RELATED EQUIPMENT LOCATED AT 28200 LAKE STREET, LAKE ELSINORE (APN: 389-020-056) bevAelop4--nent-Depaftn4ent--I--he-la4idsGape-plan-,&hafl-previde-f-or-Ga4fomia--nat4ve df -ought tGier-ant-sl44lubs-apd-treas-wh4c-h-provide-sGfee"-of4h"IoGk-,-nGIOSLife and-antep,nae.-T-hfee43)--5et-s-of-the-F-inal-L-and&c-apiRgA,rr-igatiGn-4DetaiW4an-shafl be --sub m itted-tG-the--G orm-T*jr4y-4D,-velepmen-t--DepaTtmept-w4-f-appr-opr4at�---fees, r-evie-wed-and-apiamved--byA-he--C4t-y'-,-L-andsGape-ArG4iter,t-r,er4&u#a4"nd--the Comer Unity--Develepment-Director-Gr-designee,-priorA-0-i&gUar4Ge- of-a--buildi ng pefmit, a)---Ag-plaT4tin"reas-sha4--hav,--permane#-and-aut,om- atiG-spr4nklersysteM- mbjnatio_n-of-drip-and c-ei-iventional-ir-igatief--F-i-net-hods-. b)-- - - --All- planting -areas- shall -be-sepa4-ated-fro4"ave4-areas-w4t#-a-si-X--ipGh (6")-high-and4x-4nc-h--(64-w4de-GonGrete-Gtifb--. c,)------PJantjng -wit-hin--fifteeti-feet--(-l-5L)--- of--44g4:ess/eg47&&G--Point-s-shali---be- no hicjher-than--thirt-y-six-inche&436!'-)- d) -- --Landscape-planters--sha14--be--plant,-d-Mt-h-an--@W-WAate-parking-40t &hade-t-r.-e-pur-&ua44t-tG4h,e--L-E-MG--ai4d4=apA-sc,ape-Desig n --Guidelines: e-)----Any-t-r-ansfGrm-ef-s-and-{mechanical-of-eleotr i-equipment--&hall-be iiidiGated-ei-FlandSGape-pia4-a44d-sGreeRe-d-as part-of-the--landseaping plan-. f)------- he-4andssape-plan-s hall -provide -for -ground -cove r-,-shrubs,,-a-Rd-trees and- -meet-a 11 -ro_q ui rement&-o�t-he-Gity-s-adepted-Land scape-Guid e4i4-ies. g)-----.All--landscape i m pfovements-"l-be-bonded--1 00-0Afer_ tmateriai_and labof-for-two -yea rs-frem--installation-sign-off-lay-the-Gity.-R4elease of -the land scaping-botid-sliall-be-reque&ted-bohe--appliGa4-4-aA-tlie--e4:id-of-t-he required --- two -years --- with ----- approvaVaGeep4anGe--by-- the Landscape Consultant-and�---nm-unity-Davelopm ent-Difectof-er-Desigaee- h)-_ -A41-4afldscaping --and- 4-4gation --shall--I),e-installed--prief-to-obtaiaing--a Certificate ef-,Qccupafl0y-. --Final-1@4-idsGai)e-plan4must-be-cen&i&teRt-wit-h-appf-evedsiteplati-. -----amina4-4alldSGape-plans-to-inc-lude-plaiiting-and-irrigat4ot-i-det-ails-. k).—No-grass-tui �f- I and soap i ng -wilkbe-i n&ta4led7 Condition of Approval removed due to the inability to comply. Page 3 of 7 �j CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-05 & COMMERCIAL DESIGN REVIEW 2015-11 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 28200 LAKE STREET, LAKE ELSINORE (APN: 389-020-056) 14. All landscaping and irrigation shall comply with the water -efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. 15. In the event the telecommunication facility ceases to operate, the applicant or property owner shall remove the facility and convert the site to its original condition or better at the discretion of the Community Development Director or Designee. 16. The Applicant shall comply with all applicable City codes and ordinances. 17. The equipment shall be maintained in the state of the original establishment of use at the discretion of the Community Development Director or their designee. BUILIDING AND SAFETY DIVISION PRIOR TO BUILDING PERMITS 18. All approvals from all departments have to be signed off before issuing Building Permits, 19. Environmental Health Department approval for storage of batteries. 20. All construction plans must meet all current codes. 21. Prior to issuance of building permits, the applicant shall pay all appropriate fees. 22. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. 23. All walls are to be covered by anti -graffiti covering and the city shall have permission to abate any graffiti on site Plzu;r.int� C�mrri:F;iu:'Page 4 of 7 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-05 & COMMERCIAL DESIGN REVIEW 2015-11 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 28200 LAKE STREET, LAKE ELSINORE (APN: 389-020-056) ENGINEERING PRIOR TO BUILDING PERMIT 24. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 25. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 26. Applicant to submit plans showing relocation of irrigation lines in lease and easement areas. PRIOR TO FINAL INSPECTION 27. Applicant to as -built existing Alberhill Ranch Park plans with changes to landscaping, electrical and water/irrigation. LAKE ELSINORE FIRE MARSHAL GENERAL 28. LAKE ELSINORE FIRE PROTECTION PLANNING OFFICE RESPONSIBILITY - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The building permit number is required on all correspondence. Questions should be directed to the Lake Elsinore Fire Protection Planning Division at 130 S Main St., Lake Elsinore, CA 92530. Phone: (951) 674-3124 Ext. 225,Fax: (951)471-1491, 29, APPROVED SYSTEMS- All of the following conditions titled "Prior to Final Inspection" and/or any type of fire suppression systems must be reviewed, inspected and approved by the Lake Elsinore Fire Protection Planning prior to Building Safety's final inspection. The Fire Department letter of conditions, job card and approved plans must be at the job site for all inspections. Page 5 of 7 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-05 & COMMERCIAL DESIGN REVIEW 2015-11 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 28200 LAKE STREET, LAKE ELSINORE (APN: 389-020-056) 30. ADOPTED CODES & LOCAL AMENDMENTS- The following plans have been reviewed and conditioned with requirements that correspond with the appropriate milestones. Regardless of the conditions, all plans shall comply with the Lake Elsinore Municipal Code, the 2013 Adopted Codes (CFC, CBC, CMC, ect,), and all standards referenced therein. These conditions are intended to assist in code compliance but, any required provisions not named in these conditions shall also apply. 31. Stationary Storage Battery Systems — Applicant/developer shall be responsible for obtaining permits from the Lake Elsinore Fire Protection Planning Department for Stationary Storage Battery Systems in accordance with the California Fire Code Section 608. The design must incorporate spill control, containment, neutralization methods, ventilation, and signage as detailed in 608. 32. Stand-by/Emergency Generator Tank Permits- Applicant/developer shall be responsible for obtaining permits from the Lake Elsinore Fire Protection Planning Department for aboveground fuel storage tanks in accordance with The California Fire Code. At least three copies of plans and specification sheets must be submitted to the Fire Department for review and approval prior to installation. A copy of the tank testing label from an independent test laboratory must be included with the plan submittal (UL 2200 Wor UL 142). If the tank will be installed inside of a building a 1 -hr fire rating shall be provide along with approved ventilation. Current plan check fee is $584.00 for the first tank and $149.00 for each additional tank. 33. Gated Entrances- Gate openings shall be as wide as the minimurn 20 foot required width of the access lane(s) entering and exiting the development. Gates shall be located at least 35 feet into the development property to allow a vehicle to stop without obstructing traffic on the road. 34. Address at Site- The site address shall be clearly posted at the job site entrance during construction. This will enable incoming emergency equipment and inspectors to locate the job site from the assigned street. Numbers shall be a minimum of 24 inches in height. PRIOR TO BUILDING FINAL INSPECTION 35. Fire Lanes — Applicant/developer shall prepare a site plan designating required fire lanes with appropriate lane paintings and/or signs. Plans must be submitted to the Fire Department for review and approval. Page 6 of 7 ;fro CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2015-05 & COMMERCIAL DESIGN REVIEW 2015-11 FOR A TELECOMMUNICATION FACILITY & RELATED EQUIPMENT LOCATED AT 28200 LAKE STREET, LAKE ELSINORE (APN: 389-020-056) 36. Automatic and Manual Gates - Gate(s) shall be automatic or manually operated, install know key operated switches with dust cover, installed mounted as recommended by the Know Company. Plans must be submitted to the Fire Departmentfor approval of mounting locating/position/ and/or operating standards. Special forms are available frorn this office for ordering the Key Switch. Current plan check fee is $212.00, 37. Extinguishers (Light Hazard) - Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq, ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted no higher than 5 ft above finished floor, as measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed; or within one year of from the date of month and year of manufacture. (NOTE: If only a year of manufacture is indicated, maintenance shall be due January 1 st of the year following.) 38. Knox Rapid Entry Box- A rapid entry Knox Box shall be installed on the outside of the building. If a Knox box has already been installed provide keys to the tenant space for inclusion in the main building Knox Box. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 39. Display Address (Building) - Display street numbers in a prominent location on the address side of building(s) and rear access if applicable. Numbers and letters shall be a minimum of 6° in height for non -habitable building(s). All addressing must be legible, of a contrasting color with the background and adequately illuminated to be visible from the street at all hours. All lettering shall be to Architectural Standards. 40. Electrical Disconnect Sign- Electrical disconnect shall be posted "ELECTRICAL Disconnect" in clearly legible and clearly visible lettering adjacent to the disconnect location. 41. Final Inspection- Prior to final fire approval you must be cleared by the Fire Department. Business is not allowed to be conducted in the building prior to final approval. Call our office to request a Fire Department inspection when you have approved plans and have installed items as required. Page 7 of 7 i i�ua r rrr. City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Text File File Number: ID# 16-101 Agenda Date: 3/8/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 8) City of Lake Elsinore Page 1 Printed on 3/3/2016 CITY 0F^ LAKE `� LSINOR E REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: March 8, 2016 SUBJECT: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE PURCHASE ORDERS WITH OUTDOOR CREATIONS Recommendation 1. Authorize the City Manager to execute purchase orders with Outdoor Creations for benches, picnic tables, and trash receptacles at City Park in the amount of $22,086.00 and at Yarborough Park in the amount of $26,503.20, for a total of $48,589.20. 2. Waive the formal bidding process per Municipal Code Section 3.08.070(G) for purchases from Outdoor Creations since it is similar style benches, tables, and trash enclosures installed at City Park and Yarborough Park. To utilize other vendors would likely require a significant investment and staff desires to have the products match the existing amenities. Background On December 9, 2014 the City Council approved a State of California Grant award to improve various recreational facilities in the City Lake Elsinore. The Housing Related Parks Program Grant administered through the California Department of Housing and Community Development awarded local governments that approve affordable housing for lower- income household and are in compliance with State housing element law with grant funds to create or rehabilitate parks. Discussion Quotes were received from two vendors. Upon approval of this agenda item and the order can be placed because a 10 to 12 week lead time is required in order to have delivery by June 30, 2016. Work will begin immediately in order to satisfy the Parks City Park and Yarborough Park Tables, Benches and Trash Enclosures March 8, 2016 Page 2 Program Grant funding draw-down deadline of April 30, 2016 and the project completion and expenditure deadline of June 30, 2016. Staff is recommending these items in the style consistent the existing park amenities and be within the funding allocation for the grant. Fiscal Impact Sufficient budget is contained in the current Capital Improvement Program for this project. A total grant amount of $1,102,450.00 was awarded by the California Department of Housing and Community Development for Yarborough and City Park improvements. Wavier of Competitive Bidding Procedures Pursuant to Section 3.08.070(G) of the Municipal Code, the City Council has the discretion to waive the competitive bidding requirement that would otherwise be utilized for this purchase. The system benefits outlined above and the fact that these products are available through our previously selected provider and to switch to another vendor would require a significant investment that far exceeds the investment made already with existing providers, staff recommends that the City Council waive the competitive bidding pursuant to Municipal Code Section 3.08.070(G) and allow the City Manager to contract directly with QCP as outlined in this agenda report. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant M. Yates City Manager Attachments: Quotes and Specifications QUOTATION AUTHORIZED SALESPERSONS SIGNATURIr. Joe mJuhrvold Signalute Date PITH 510-337-6774 Hmail Joci<dmadoormcationscom PX!l 530-365-5129 SOLD TO Name: City ofl.ake Elsinore Contact: Phone$: 951-674-3124 FNS$: Address: �i OUTDOOR ahiilr mixes Dale. 3/2/2016 10C. P.O. # SHIP TO Name: Contact: Plmnc$: Fax#: Address: City Park Project @rilfA meMyarvold ��1-stablishedcredil Yes, ne130 OR No, 50%deposit&balance ��Anaereon, Cd CO Qty. Model 0 Description (accessory colors, logo de(ails, etc) Concrete Calm S Priec/(Ltit $ E'tended Price 10 408 Contour bench w/custom engraving TBD 875.00 8750.00 engraving detail'FBD 10 500 round waste receptacle 1131) 475.00 4750 00 w/plastic liner w/powder coated lid(bionze) M INS or SSK 92" ADA picnic table 'I BD 695.00 6950 00 SSK is anti -skate table smooth finish w/ acrylic sealer SV11101AT. 204500!1 PLEASE FILL IN TILE INFORMATION BELOW AND READ PAGE 2 SALES Tns 1636.00 101At, 2'086.00 WFFN TERMS AND CONDITIONS. S I ANDARD DGLIVLRY ARO. AND APPROVED SUBMITTALS IS 10-12 WEEKS (Does not apply to custom products). ES'IIMA 'fED / RI OUIRED DELI V F,RY DA'lli:: PLEASE READ PAGE 2 PILL IN REQUIRED INFORMAHONAND SIGN TO PLACE POUR ORDER. PAGE TERMS AND CONDITIONS 1. Terms of payment: If you have established credit with Outdor Creations, we will extend net 30 days. If you DO NOT have established credit then a 50% deposit will be required and the balance C.O.W. 2. Late payments: If you are extended net 30 items and do not pay in net 30, an 18% APR will be added to all overdue invoices. 3. Rush orders: Orders needing to be delivered in less than 6 weeks, require 50% deposit K balance due upon delivery (C.O.D.) Date needs to be established and agreed upon at time of order. 4. Production -10-12 weeks is standard delivery time ARO, however, where submittals ace required, the 10-12 weeks lead time docs not start until after receipt of all approved submittals. Standard lead time DOES NOT apply to CUSTOM Items!!!! 5. Handling - unless otherwise arranged, customer is responsible for having a forklift (minimum 4000 Ib R 160 inches of lift) to,- offloading, oroffloading. 6. All prices above are good 30 days from date of quote. Due to the volatility of materials, fuel etc. we can not honor quotes over 30 days. T Delivery requirements: It is imperative that if there is any change in the date of delivery from our standpoint or yours, that we keep each other notified of such changes. It is possible that, if we are ready to deliver, and delivery is denied, an invoice will be mailed and a 50% payment will be required before a new date is established fm, delivery. 8. Fuel surcharges: As the price of fuel increases it may be necessary to add a fuel surcharge to your invoice. A fuel surcharge would be charged as a percent of the total order where freight is included in the price or an added freight charge where freight is separate. 9. PLEASE ENTER YOUR ADDRESS FOR MAILING INVOICES: Na,,�e llY sent 111. IF YOUR ARE A CONTRACTOR, PLEASE. ENTI:I THE ADDRESS OP THE OWNER OF THE PROJECT: Crnv I I. Please Sian below an d I et a In via fix t f' I• f u 'I f�l [Wed a I 'd (C)IIIS and uniditiiis. Signature QUOTATION AUTHORIZED SALTS PERSONS SIGNATURE Joe Myhwold SIpamrc Date P]146maiC joc@ontAoorcreutions.coin FM 530-365-5129 SOLD TO Name: City of Lake Elsinore Contac(: 1'110DO: 951-674-3124 F:¢#: Address: 7&1 ounimm awwrIONS Dale: 3612016 INC. P.O. # SHIP TO Name: Contact: PhoneM Fax#: Address: Yarborough Perl< 19!/11 J—Myhrvold Established credit Yes, net 30 OR Na, 50%deposit &balance AmI....... CA OD Qty. Model H Description (accessory colors, logo details, etc) Concrcnc Color S Pricc/Unit $ Extcaded Price 12 408 Contour bench w/ca.atont engrrving 'IBD 875.00 105110M engraving detail'PI3D 12 SOO round waste I'ccep(acic 'TBD 475 00 5700.00 1i/plastic hnel w/powder coaled lld(bio ze) 12 1 OOS of SSK 92" ADA picnic table 1131) 695.00 8340.00 SSK is anti -skate table smooth finish w/ amlic scales SUB I'OTAI, 24540.00) PLEASE FILL IN THE INFORMATION BELOW AND READ PAGE 2 SALKS 'I'AX 1963.20 WITH TERMS AND CONDITIONS. 'I'OIAL 26503.20 STANDARD DELIVERY A.R.O. AND APPROVI=.D SUBMIT IAI-S 1S 10-12 Wl It (Does not apply (" cuxtam products). I S'IIMA 'I11) / REQUIRLD DI: :LIVERY DATE_ P/ LASE READ P4GL 2 PILL IN Rh OUIRED INFORM11 TION AND SIGN TO PLACE POUR ORDER. PAGE TERAIS AND CONDITIONS 1. Terms of payment: If you have established credit with Outdoor Creations, we will extend net 30 days. If you DO NOT have established credit then a 501/ deposit will be required and the balance C.O.D.. 2. Late payments: If you are extended net 30 terms and do not pay in net 30, an 18% APR will be added to all overdue invoices. 3. Rush orders: Orders needing to be delivered in less than 6 weeks, require 50%, deposit S balance due upmn delivery (C.O.D.) Date needs to be established and agreed upon at time of order. 4. Production - 10-12 weeks is standard delivery time ARO, however, where submittals atT required, the 10-12 weeks lead time docs not start until after receipt of all approved submittals. Standard lead t me DOES NOT apply to CUSTOM Items!!!! 5. Handling - unless otherwise arranged, customer is responsible for having a forklift (minimum 4000 Ib A. 160 inches of lift) for offloading. 6. All prices above are good 30 days from date of quote. Due to the volatility of materials, fuel etc. we can not honor quotes over 30 days. 7. Delivery requirements: It is imperative that if there is any change in the date of delivery from our standpoint or you that we keep each other notified of such changes. It is possible that, if we are ready to deliver, and delivery is denied, on invoice will be mailed and a 50% payment will be required before a new date is established for delivery. S. Fuel surcharges: As the price of fuel increases it may be necessary to add a fuel surcharge to your invoice. A fuel surcharge would be charged as a percent of the total order where freight is included in the price or an added freight charge where freight is separate. 9. PLEASE' ENTER YOUR ADDRESS FOR MAILING INVOICES: anam 10. IF YOUR ARE A CONTRACTOR, PLF,ASE ENTER THE ADDRESS OF THE OWNER OF THE PROJECT: L» Zip Ctodo II. 1'leaseSig to bel wa a d I-cto , a "m jax I f' o" for the it• fs)list I 1 I itil terals alot coudilions. Signa un "c Da tc RiY 1. Mlnimum thickness of all areas to be 4 inches. 2. Minimum weight to be 2000 Ibs. 3. Coloring agents are to be pure mineral oxides and shall be mixed Integrally with cement. 4. Concrete mix design to Include 7.5 sacks Portlarei cement per yard with maximum rock size of 3/4-" reinforced with #4 and #5 rebar grid. Cured concrete shall attain minimum compressive strengl:h of 5,000 P.SI.. 5. All formed surfaces and edges shall be fully rounded and smooth finished. Finish of all exposed surfaces 'Ga have a concrete gra FPiti-resistant sealer applied 6. Benches are cast in one Integral piece. No assembly required. Multi -piece, bolted, bracketed or glued designs not acceptable. 4011T1111111t (AZEAT111\S 1\C. P.O. Box 50 Round Mountain, CA. (530)337-6774 FAX (530) 337-6675 36" INSTALLATION KECOMMENDATION5:: 1. Bench reotuiroo epoxy applied to cover bottom of entire leg. 2. Epoxy adhesive Should be checked periodically to ensure continued adhesion. 3. Bench may also be mechanically attached. Contour Bench MODEL: 408 DATE: C� * Wheelchair Acc000lbility available at both endo of table to meet A.D.A. Guidelines NOTE5: 32" 92" 1. Minimum thickness of all areas to be 4 inches. 2. Minimum weight to be 29-50 lbs. :5. Picnic Table top, benches, bench and table supports cast in one integral piece. No assembly require 1. 4-. Coloring agents are to be pure mineral oxides and shall be mixed Integrally with cement. 5. Concrete mix design to include 7.5 sacks Portland cement per yard with maximum rock size of 5/4" reinforced with 44 and 45 rebar grid. Cured concrete shall attain minimum compressive strength of 5,000 I'.�I. In 2E3 days. 6. All formed surfaces and edges shall be fully rounded and smooth finished. Finish of all exposed surfacco to havo a concrete gra'PFitl-resistant oealer applled. 7. Ceramic chess boards can be case into table tops. OUTDOOR INC. 2270 Barney Street Anderson, CA 96007 (530)337-6774 FAX (530)337-6675 Ficnic Table MODEL: 1005 Scale: 3/8" = 1' 1 DATE: 3/1/12 NOTES: 1. Minimum thickness of all areas to be 4 inches. 2. Minimum weight to be 2450 lbs. 3. Picnic Table top, benches, bench and table eupponto cast in one integral piece. No assembly required. 4. Coloring agents are to be pure mineral oxides and shall be mixed integrally with cement. 5. Concrete mix design to include 7.5 sacks Portland cement per yard with maximum rock size of 3/8" reinforced with #4 and #5 rebar grid. Cured concrete shall attain minimum compressive strength of 5,000 P.S.I.. 0. All formed surfaces and edges shall be fully rounded and smooth finished. Finish of all exposed surfaces to have a concrete graffiti -resistant sealer applied. 7. Ceramic chess boards can be cast into table tops. 8. Anti -Skateboard protrusions to be integrally cast with one-piece table design. Bolted, glued or other wise attached protrusions not f_qu . 1111TI111111t 1141MATIII\S INC* P.O. Box 50 Round Mountain, CA. (530)337-6774 FAX (530) 337-6675 24 " 92" Ficnic Table 5KATEPOAKD MODEL: 1005K Scale: 3/8" = 1' 1 DATE: 3/1/12 F30 3/4" 22 3/4" 1011- 34" NOTES: Optional galvanized Steel or plastic liner .Threaded Steel nser,o for at- taching bag hangers and lid re- taining cable 1. Minimum thickness of all areas to be 4 inches. 2. Minimum weight to be 950 lbs. 3. Coloring agents are to be pure mineral oxides and shall be mixed integrally with cement. 4. Concrete mix deslgn to include 8.5 sacks PorGlard cement per yard wish maximum rock size, of 3/4" reinforced with #4 and #5 rebar grid. Cured concrete shall attain minimum compressive Strength of'7,000 P. S 1.. 5. All formed surfaces and edges shall be fully rounded and smooth Finished. Finish of all exposed surfaces 'to have a concrete graffiti -resistor nt sealer applied. 0. Galvanized or pia s'Gic liners available upon ro tucos. 7. Bag hooks provided as standard ed,uipmons. IIIITIIIIII1t CREATIONN INCO 2270 Barney Street Anderson, CA 96007 (530)337-6774 FAX (530) 337-6675 guage wder ated eel lid Concrete Round Waste Pcceptacle MODEL: 500 DATE: 2/13/12 Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 9) City of Lake Elsinore Text File File Number: ID# 16-102 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-eIsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 31312016 CITY OF^ LA,b'JE 09, LSIl`0RE DREAM E)(IREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: March 8, 2016 SUBJECT: Award Public Works' Construction Agreement to R&M Contracting for the Concession and Restroom Building Electrical Installation at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) Recommendations 1. Accept the withdrawal of proposal and award to Valley Electric TB Inc. as unable to execute contract documents. 2. Award a Public Works' Construction Agreement to R & M Contracting for the Concession and Restroom Building (Electrical) work at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004). 3. Approve and authorize the City Manager to execute the Agreement in the not to exceed amount of $195,195.00 with R & M Contracting in the form attached and in such final form as approved by the City Attorney. Background Staff initialed bid proposals for the Concession and Restroom Building electrical work at Rosetta Canyon Sports Park Phase It. Utilizing Bid Set B1 (Electrical) Electrical Engineering and Architecture Plans contractors provided work proposals. Four Proposals were received on or before January 26, 2016. The contractor providing the lowest proposal was interviewed to determine the contractor's completeness of the proposal and understanding of the work scope of work. He withdrew his proposal on March 1, 2016. As such, City staff is proceeding with award to R&M Electrical Contracting whose proposal was complete and understands the scope of work. Discussion The purpose of this proposal is to seek a competitive pricing for the Concession and Restroom Building (Electrical) work at Rosetta Canyon Sports Park Phase 11 (CIP PROJECT #Z40004). The overall essentials in this scope of work are summarized below as general requirements: General Requirements Concession and Restroom Building Electrical Rough Electrical Wiring Interior Liqhtinq Exterior Lighting Electrical Sub -panel Electrical Fixtures The following proposals were received from qualified contractors and are listed below in the amount of bid sequence (lowest to highest): Contractor Address Amount 18487 Grand Avenue Withdrawn Valley Electric TB Inc. Lake Elsinore CA 92530 $173,450.00 26301 Dimension Drive R&M Electrical Contracting Lake Forest CA 92630 $195,195.00 8706 Utica Avenue Tech Electric Rancho Cucamonga, CA 91730 $237,700.00 -Hydro Sylmar, CA 91342 Ornelas Electrical 15840 Monte St Unit 102 $378,000.00 Following the approval of this action work will immediately begin on the construction of the Concession and Restroom building at Rosetta Canyon Sports Park. Staff has reviewed and verified the contractor has a valid license and a review of the contractor's references showed no issues with the quality of their work. Fiscal Impact Rosetta Canyon Sports Park Phase II Project is included in the Fiscal Year 15/16 - 19/20 Capital Improvement Plan (CIP) budget. Prepared by: Jason Simpson, Director of Administrative Services Approved by: Grant Yates, City Manager Attachments: Attachment A - Agreement Agreement No. AGREEMENT FOR PUBLIC WORKS CONSTRUCTION (R & M ELECTRICAL CONTRACTING) ROSETTA CANYON SPORTS PARK PHASE -11 PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Electrical) Concession and Restroom Building Electrical Rough Electrical Wiring Interior Lighting Exterior Lighting Electrical Sub -panel Electrical Fixtures This Agreement for Public Works Construction ("Agreement") is made and entered into as of February 9, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") R & M Electrical Contracting) ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Proiect and Project Documents. Contractor agrees to construct the following public improvements ("work") identified as: ROSETTA CANYON SPORTS PARK PHASE -11 PROJECT CIP PROJECT NO Z40004 Concession and Restroom Building Electrical Rough Electrical Wiring Interior Lighting Exterior Lighting Electrical Sub -panel Electrical Fixtures The City -approved plans for the construction of the Project, which are incorporated herein by reference and prepared by STK Architecture Inc., are identified as: Rosetta Canyon Sports Park Phases — II Project Bid Set '131' (Electrical) The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above -listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being one hundred ninety-five thousand one hundred ninety-five dollars and no cents ($195,195.00). Is b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work. a. Contractor shall perform all work within Fort 45 working days from the date of commencement specified in the Notice to Proceed and shall complete all work within Fort 45 working days, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Five Hundred dollars 500) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Any change to the work shall be by way of a written instrument ("change order") signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; G3: b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The City Manager is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one -hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non -Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 as of March 1, 2015, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. 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. 8. 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 forwhich 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. 9. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, 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 D-3 employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by 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. iv. . Professional Liability Coverage [if applicablel. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made 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 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. 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. G. 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. 10. 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 With a copy to: City of Lake Elsinore Attn: City Manager Attn: City Clerk 130 South Main Street 130 South Main Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 If to Contractor: R & M Electrical Contracting 11. 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. 12. 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. 13. Assignment and Subcontracting. Contractor 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 Contractor under this Agreement will be permitted only with the express consent of the City. 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. 14. Waiver. Waiver of a breach or default under this Agreement shall not constitute continuing waiver of a subsequent breach of the same or any other provision under this Agreement. D-5 15. 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. 16. 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. 17, 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. 18. 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. 19. Authority to Enter Agreement and Administration. 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. The Director of Public Works shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, otherthan a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 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. 21. 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. 22. Prevailing Wages a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced. C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner, Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. 1810. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 23. 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] D-7 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: City Clerk APPROVED AS TO FORM: City Attorney "CONTRACTOR" R&M Electrical Contracting BOND NO. PREMIUM FAITHFUL PERFORMANCE BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to R & M Electrical Contracting as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Electrical) Concession and Restroom Building Electrical Rough Electrical Wiring Interior Lighting Exterior Lighting Electrical Sub -panel Electrical Fixtures is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement; NOW THEREFORE, we the undersigned Contractor and as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of dollars ($ ), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in said Contract Agreement and any alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or the Provisions. (SIGNATURE PAGE FOLLOWS) W -101k hl. [�] SIGNATURE PAGE TO FAITHFUL PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 20 10911110111 Contractor Name: Address: Telephone No.: Print Name: Signature: Approved as to Form this day of City Attorney City of Lake Elsinore SURETY: Name: Address: Telephone No. Print Name: Signature: _ Attorney -in -Fact NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). Iwo PREMIUM $ LABOR AND MATERIALS BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City", has awarded R & M Electrical Contracting, as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Electrical) Concession and Restroom Building Electrical Rough Electrical Wiring Interior Lighting Exterior Lighting Electrical Sub -panel Electrical Fixtures is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, material men, and other persons, as provided by law, NOW, THEREFORE, we the undersigned Contractor and as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of dollars ($ ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. This bond shall inure to the benefit of any of the persons described in California Civil Code Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond. (SIGNATURE PAGE FOLLOWS) BOND NO. SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this of 20 BIDDER: SURETY: Contractor Name: Name: Address: Address: Telephone No.: Print Name: Signature: Approved as to Form this day of City Attorney City of Lake Elsinore Telephone No.: Print Name: Signature: Attorney -in -Fact day NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). CONSTRUCTION OR SERVICE CONTRACT Unless waived or modified by the City Engineer, the following endorsement shall be attached to and made a part of all policies insuring the liability of any person, form or corporation performing services under contract for the City of Lake Elsinore. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall: Include the City of Lake Elsinore as an additional insured. (To include the elected officials, appointed officials, and employees.) 2. Indemnify and save harmless the City of Lake Elsinore against any and all claims resulting from the undertaking specified in the contract known as: ROSETTA CANYON SPORTS PARK PHASE -11 PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Electrical) Concession and Restroom Building Electrical Rough Electrical Wiring Interior Lighting Exterior Lighting Electrical Sub -panel Electrical Fixtures This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly. 3. Not be cancelled except by notice to the City Attorney of the City of Lake Elsinore at least thirty (30) days prior to the date of cancellation. 4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $1,000,000 each Occurrence, and $2,000,000 Aggregate. 5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lake Elsinore as enumerated in this endorsement. However, nothing herein contained shall affect any rights of the insurer against the insured. 6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract: (a) That the Contractor specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprenticeable craft or trade. (b) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy. Duly Authorized Agent Attached to and forming part of Policy No. of the Date: Expiration Date: WORKERS' COMPENSATION INSURANCE CERTIFICATION Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." Contractor By: Print Name Signature Title Date Section 3700 of the California Labor Code reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee." I r --,I 11 til— Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 10) City of Lake Elsinore Text File File Number: ID# 16-103 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w Jake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 3/3/2016 C t TY () ink LAKE LSMOR,E DREAM EXTREME„ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M YATES CITY MANAGER DATE: March 8, 2016 SUBJECT: Award Professional Services Agreement for Canyon Estates Drive and Canyon View Drive South of Franklin Street Roadway Improvement Recommendations 1. Award a Professional Services Agreement to Sustainable Civil Engineering Solutions for the Design of Canyon Estates Drive and Canyon View Drive South of Franklin Street. 2. Approve and authorize the City Manager to execute the Agreement in the amount of $157,425 to Sustainable Civil Engineering Solutions, in the final form as approved by City Attorney. 3. Appropriate $157,425 in Fund 205, Traffic Impact Fees to fund this agreement. Background Camino Del Norte roadway runs parallel to Interstate 15 from 21d Street to Main Street and has been identified as a significant alternative traffic route with future roadway realignment plans. Anticipated development, including the proposed Franklin Street interchange, warrants the construction of a traffic signal at Franklin Street and Camino Del Norte, in addition to realignment of Canyon Estates Drive and Franklin Street as well as realigning Canyon View Drive. Discussion The design improvements will provide a safe improved traffic flow on Camino Del Norte Roadway from the existing Franklin Street by realigning both Canyon Estates Drive and Canyon View Drive. The scope of service includes the design of roadway improvements to realign streets at the intersection of Franklin Street, Camino Del Norte, and Canyon Award Professional Services Agreement for Camino Del Norte Roadway Improvement March 8, 2016 Page 2 Estates Drive and Canyon View Drive the consultant shall provide final plans, specifications, as well as construction support services. Additional scope of services details will include the following services: Data collection Engineering reports Environmental Clearance Construction phase support Fiscal Impact Contract plans Right-of-way engineering Construction bidding support Geotechnical Engineering This is an additional CIP project in order to be ready to construct roadway improvements in the area of the Camino Del Norte arterial improvements. Funds are available using Traffic Impact Fee (TIF) funds (Fund 205). Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Professional Services Agreement Sustainable Civil Engineering Solutions Proposal Project Map AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAKE ELSINORE AND SUSTAINABLE CIVIL ENGINEERING SOLUTIONS This Agreement for Professional Services (the "Agreement") is made and entered into as of March 8, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") and Sustainable Civil Engineering Solutions ("Consultant"). RECITALS The City has determined that it requires the following professional services: for the design of Camino Del Norte Roadway improvement from existing Franklin Street to Elsinore Hills Road by realigning Canyon Estates Drive and Canyon View Drive, South of Franklin. The scope of service includes the design of roadway improvements traffic signal at intersection of Franklin Street, Camino Del Norte and Canyon Estate Drive and preparation of Right-of-way legal and plat needed for Roadway purposes. A. Consultant has submitted to City a proposal, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. B. 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. C. 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. 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 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. Sustainable Civil Engineering Solutions Professional Services Agmt Canyon Estates 2016 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). 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 One Hundred Fifty-seven Four Hundred Twenty-five Dollars and No Cents ($157,425) 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, 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 Page 2 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 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. Page 3 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).) 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 Page 4 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 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 Page 5 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 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. 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. M 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 one million dollars ($1,000,000) 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. 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. Page 6 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: Sustainable Civil Engineering Solutions Attn: Ati Eskandari, PE Principal/Project Manager 17777 Main Street, Suite G2 Irvine. CA 92614 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments, This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. Page 7 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. 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: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal Exhibit B - Project Map "CONSULTANT" Sustainable Civil Engineering Solutions Ati Eskandari, PE Principal/Project Manager Vice President Page 10 EXHIBIT A Scope of Services & Fee Schedule as attached in proposal dated January 19, 2016 January 19, 2016 File: SCES-15-01 City of Lake Elsinore Engineering Division 130 South Main Street Lake Elsinore, CA 92530 Attention: Grant Yates City Manager Subject: Scope of Services and Fee Proposal - Separate Project Canyon Estates Drive and Canyon View Drive South of Franklin Street Environmental Document and Plans, Specifications, and Estimate (PS&E) and Construction Support Dear Mr. Yates: As you know I have been working with City staff to finalize the alignment for Camino Del Norte. The final approved alignment for Camino Del Norte includes the realignment of Canyon Estates Drive and Canyon View Drive which was not included in the original Scope of Work for Camino Del Norte. Therefore, I have prepared two separate Scope of Work and Fees as outlined below: 1. Scope of Services and Fee proposal to secure the necessary approvals to connect Canyon Est tes Drive and Canyon View Drive including the Environmental Document (CEQA only) as a separate projectj��y�� "( 2.j Scope of Services and Fee proposal to secure the necessary approvals to connect Canyon Estate Drive and J Canyon View Drive, including Environmental Re -validation (CEQA and NEPA) and incorporate into the Camino Del Norte Extension Project. „0157 412-5— Both Scope of Works assumes that the Right of Way required for the project will be dedicated by the property owners and does not include appraisals. Once again, I appreciate the opportunity to serve the City of Lake Elsinore and assisting in the process of the approval of the necessary documents to provide a safer transportation facility in the City of Lake Elsinore. Should you have any questions, do not hesitate to call me at 949-212-7927. Sincerely, Sustainaq e C(dvi7!Engineering Solutions Ad Eskandari, PE Principal/Project Manager cc: Project Files -55 Attachments Scope of Work Fee Proposal Sustainable Civil Engineering Solutions 17777 Main Street, Suite G2 Irvine, CA 92614 SCOPE OF SERVICES - COMBINED WITH CAMINO DEL NORTE PROJECT Canyon Estates Drive and Canyon View Drive South of Franklin Street I. GENERAL A. The Services described hereunder shall be performed by the Consultant as follows: Environmental Document (CEQA and NEPA Re -Validation) Final Plans, Specifications, and Estimate; and Construction Support to be combined with Camino Del Norte Project. Consultant shall, upon receipt of the appropriate written Authorization to Proceed for the respective Task, commence performance of the applicable work. B. The Client will make available to the Consultant all data applicable to the Project that is in the possession of the Client. The Client will provide assistance to the Consultant in its efforts to obtain similar applicable information from other governmental agencies, jurisdictions, and private parties. C. The Client will designate a Project Manager to review and approve the Services, render decisions, and provide information and direction to the Consultant in a timely manner so as not to delay the Consultant's performance. The Consultant will designate a Project Manager to manage the performance of the Services. After the Client has issued an Authorization to Proceed to the Consultant, all contractual communication regarding the Services shall be between the respective project managers. II. SERVICES A. Environmental Re -Validation Based on information to be provided by for the final design, Consultant will complete an Environmental Revalidation form for the California Department of Transportation's (Caltrans) approval to document the environmental effects of any changes made to the design. Pursuant to Chapter 33 of Caltrans' Standard Environmental Reference, a revalidation is required when any of the following occur: (1) project is proceeding to the next major federal approval; (2) project changes; or (3) 3 -year timeline for an Environmental Impact Statement (EIS). The Environmental Revalidation will include a brief description of which features of the project design have changed and brief discussions of each topical section from the approved Mitigated Negative Declaration/Finding of No Significant Impact (MND/FONSI) describing whether these design changes result in any changes to the conclusions or mitigation measures included in the approved MND/FONSI. This scope of services anticipates that the preparation of additional technical analysis may be required if the design changes would result in project improvements and physical disturbance within areas that were previously not evaluated, The anticipated technical analyses required includes those related to biological resources/jurisdictional delineation, cultural resources, hazards and hazardous materials, noise, visual/aesthetics, and water quality. For each of these topics, a brief technical memorandum will be prepared. For cultural resources, a Supplemental Historic Property Survey Report will be prepared. If additional technical studies or documentation are required by Caltrans based upon their review of the Draft Environmental Revalidation, then a scope and budget for those studies will be prepared for RCTC's review and authorization. The following deliverables will be completed under this scope of services: • Preliminary Draft Environmental Revalidation with supporting technical memoranda for RCTC review. • A Draft Environmental Revalidation with supporting technical memoranda for Caltrans review (revised to address comments from RCTC). • Draft Final Environmental Revalidation with supporting technical memoranda for RCTC review (revised to address comments from Caltrans). • A Final Environmental Revalidation with supporting technical memoranda for Caltrans review and approval (revised to address comments from RCTC). Scope of Work -Canyon Estates Drive, Combined Project Page 1 B. Final Plans, Specifications, and Estimate Services shall include, but not be limited to, the following: Data Collection Design Surveys Contract Plans Typical Cross -Sections Plan and Profile Construction Details Temporary Water Pollution Control Plans Erosion Control Plans Landscape and Irrigation Plans Drainage Plans, Profiles, Details and Quantities Stage Construction, Traffic Handling, Detour Plans, and Construction Area Signs Pavement Delineation/Sign Plans Electrical Plans (Street Lighting) Electrical Plans (Traffic Signal Modification) Representative Cross Sections Utility Notification and Coordination Engineering Reports/Analysis Drainage Report Material Report (Camino Del Norte Material Report to be used) Special Provisions, Quantities, and Engineer's Estimate Right of Way Engineering Land Net Survey Research, Horizontal and Vertical Control Boundary Survey Record of Survey Monumentation Right of Way Document Right of Way Legal's, Plats, Closures and Dedication Documents Temporary Construction Easement Legal's, Plats, Closure and Dedication Documents Environmental Categorical Exemption/Categorical Exclusion Determination Form Notice of Exemption Project Management, Meetings, and Quality Control Deliverables: Consultant shall be responsible for the following: • PS&E submittal at 85%, 100% and Final Mylar's. • Engineering Reports as necessary. • Environmental Clearance • Right of Way Documents as necessary. • A bid package ready for advertising (PS&E) and correcting package as necessary. B. Construction Support Services shall include, but not be limited to, the following: • Construction Bidding Period Support • Construction Period Support Scope of Work -Canyon Estates Drive, Combined Project Page 2 C. Description of Required Services 1. Consultant shall prepare roadway PS&E. The work phases, generalized scope of services, and potential work items for each phase are described in Section I, Deliverables, of this Scope of Services. 2. Consultant shall handle public and citizen contacts, as needed in conformance with normal City study procedures. 3. Client will retain responsibility for all final consultation, both informal and formal, with state and federal agencies regarding project mitigation and compensation proposals. Consultant will be available to provide advice and to participate in such consultations at the request of Client. 4. Consultant shall be responsible for reproduction, binding, circulation, and distribution of the engineering reports and engineering drawings pursuant to the requirements of this Scope of Services. 5. It is not the intent of the foregoing paragraph to relieve the Consultant of his professional responsibility during the performance of this contract. In those instances where the Consultant believes a better design or solution is possible, he shall promptly notify the Client of these concerns, together with reasons therefor. 6. The plans, designs, specifications, estimates, calculations, reports, and other documents furnished under this Scope of Services shall be of a quality acceptable to the Client. The criteria for acceptance shall be neat appearance, good organization, and technical and grammatical correctness. Items must have been checked, and the maker and checker must be identified thereon. The minimum standards of appearance, organization, and content for the drawings shall be those on similar type drawings produced by City. 7. The title sheet for specifications and reports and each sheet of plans shall bear the professional seal, certificate number, registration classification, expiration date of the certificate, and signature of the professional engineer responsible for their preparation. 8. Consultant shall have a quality control plan in effect during the entire time work is being performed under the Project contract. The plan shall establish a process whereby calculations are independently checked; plans are checked, corrected and back -checked; and all job-related correspondence and memoranda are routed and received by affected persons and then bound in appropriate job files. Where several drawings show different work in the same area, means shall be provided to assure that conflicts and misalignment in both new and existing improvements do not exist. 9. All project files and correspondence relating to the Project shall be turned over to Client at the end of the contract. This will include all working data, field data, and background information used in creating the deliverables listed in this Scope of Services. D. Construction Bidding Period Support, Bidding procedures will be the responsibility of Client. While the Project is being advertised for bids, all questions concerning the intent shall be referred to Client for resolution. In the event that any items requiring interpretation in the drawings or specifications are discovered during the bidding period, said items shall be analyzed by the Consultant for decision by Client as to the proper procedure required. Corrective action taken will either be in the form of an addendum prepared by the Consultant and issued by Client, or by a covering change order after the award of the construction contract. E. Construction Period Support 1. During construction, Consultant shall furnish all necessary additional drawings for corrections and change orders necessitated by errors and omissions of the Consultant. Such drawings shall be requested in writing from Consultant by Client and shall be provided at no additional cost to Client. The original tracing(s) of drawings and contract wording for change orders shall be submitted to Client for duplication and distribution. 2. Consultant will receive written notification of the award of a construction contract. Upon such notification, Consultant will proceed with the services required by this contract. 3. Consultant shall attend the preconstruction meeting with the successful construction contractor upon notification by Client. 4. Consultant shall review all submittals and shop drawings submitted by the construction contractor. Consultant shall complete shop plan reviews within two weeks of receipt. Contract change order reviews shall be completed within two working days of receipt. Scope of Work -Canyon Estates Drive, Combined Project Page 3 5. Drawings and change orders required due to actions of Client, which are beyond the scope of Consultant's responsibilities, shall be considered extra services. 6. Consultant shall be available to visit the job site for on-site review of construction, and for other visits to the job site as requested by Client to resolve discrepancies in the contract documents. Consultant shall bring to the attention of Clients' Resident Engineer any defects or deficiencies in the work by the construction contractor which Consultant may observe. Consultant shall have no authority to issue instructions on behalf of Client or to deputize another to do so. All agreements shall be between Client and its construction contractor. These provisions shall not be construed as making Consultant responsible for failure of Clients' construction contractor to carry out the work in accordance with the contract documents, nor for the construction means, methods, techniques, sequences, procedures or safety programs related to the work. 7. Consultant shall prepare and deliver to Client the "as -built" plans. F. Design Standards: The plans, specifications and estimates are to be prepared in accordance with City regulations, policies, procedures, manuals and standards. 1. Roadway design shall be in accordance with the current Caltrans Highway Design Manual and its revisions. 2. Basic design shall be in accordance with the approved project report, project approval report and final environmental document. 3. Roadway plans shall be prepared in conformance with the general drafting standards accepted by the City. 4. As part of the work involved in the preparation of the plans, specifications and estimates, the Consultant shall prepare and furnish to Client the special provisions for items of work included in the plans. IV. DELIVERABLES A. Consultant shall provide services for the Project in close liaison with City. City will exercise review and approval functions in the development process. Milestone project reviews will be performed for the specific products and deliverables listed herein. City will conduct these reviews. B. Where Consultant is required by this Scope of Services to prepare and submit studies, reports, plans, etc., to Client, these shall be submitted in draft form at the scheduled time. The schedule shall provide adequate time for Client and City to direct revisions before final submission. C. The products shall be delivered in accordance with the following schedule: Scope of Work -Canyon Estates Drive, Combined Project Page 4 d f' d 7 J G y Oa y O y wm =U� U O Y Ul Ga UJ M Z > LL O o Lu J d O= � N y w O T m m U h U h h m a FEE PROPOSAL Canyon Estates Drive and Canyon View Drive South of Franklin Street Scope of Work -Canyon Estates Drive, Combined Project Page 6 PHASE st mate stimate Estimated Cost No. of Sheets Hours/Sheet Hours MILESTONE 1 - PLANS, SPECIFICATIONS, AND ESTIMATE (PSBE) Data Collection Design Surveys 1 40 40 $4,266 Obtain As-Built Plans and Utility Research 1 8 8 $853 Subtotal 2 48 $5,120 Contract Plans (85%, 100%, and Final PSBE) Establish Design Criteria/Design Parameters/Preliminary Engineering 1 40 40 $4,266 Title Sheet 1 0 0 $0 Typical Cross Sections 1 8 8 $853 Plan (With Existing Utilities Shown)/Profile 2 32 64 $6,826 Construction Details 1 32 32 $3,413 Temporary Water Pollution Control Plans 1 16 16 $1,707 Erosion Control Plans 1 32 32 $3,413 Landscape/Irrigation Plans 4 32 128 $13,653 Drainage Plans, Profiles, and Quantities 2 24 40 $5,120 Stage ConstructionrTraffc Handling/Construction Area Signs 2 16 32 $3,413 Pavement Delineation/Sign Plans 1 16 16 $1,707 Electrical Plans (Street Lights) 2 40 60 $8,533 Electrical Plans (Modify Traffic Signals) 2 16 32 $3,413 Cross Sections (.50' Intervals) 5 6 40 $4,266 Utility Notification and Coordination 1 60 60 $6,400 Subtotal 26 626 $66,984 Engineering Reports/Analysis Drainage Report 1 40 40 $4,266 Material Report (Camino Del None Material Report to be used) 1 0 0 $0 Special Provisions/Quantities/Engineers Estimate 1 40 40 $4,266 Subtotal 3 80 $8,633 Right of Way Engineering Land Net Research, Horizontal and Vertical Control 1 16 16 $1,707 Boundary Survey (Field) 1 24 24 $2,560 Boundary Survey (Office) 1 24 24 $2,560 Record of Survey 1 40 40 $4,266 Monumentation 1 12 12 $1,280 Subtotal 4 116 $12,373 Right of Way Documents (4 Parcels/4 Documents) Right of Way Plats 4 4 16 $1,707 Right of Way Legal Descriptions 4 3 12 $1,280 Right of Way Closures 4 1.0 4 $427 Right of Way Dedication Documents 4 1.0 4 $427 Temporary Construction Easement Plats 4 2.0 8 $853 Temporary Construction Easement Legal Descriptions 4 2.0 8 $853 Temporary Construction Easement Closures 4 1.0 4 $427 Temporary Construction Easement Documents 4 1,0 4 $427 Property Owner Meetings and Public Discussion 0 0 0 $0 Subtotal 13 60 $6,400 Environmental Environmental Revalidation 1 296 296 $34,500 Optional DBESP 7 49 49 $5,860 Optional Focused BUOW Survey 1 24 24 $2,930 Optional Jurisdictional Delineation 1 33 33 $4,060 Subtotal 4 402 $47,350 Project Management-QA/QC-Meeting-Administration 1 60 60 $6,400 Subtotal (MILESTONE 1) 35 1,394 $153,159 MILESTONE 2 - CONSTRUCTION SUPPORT 1 40 40 $4,266 TOTAL 1,434 $157,425 Scope of Work -Canyon Estates Drive, Combined Project Page 7 FEE PROPOSAL Canyon Estates Drive and Canyon View Drive South of Franklin Street v - COMPANY: SCE S SGtlPEOF WORK Environmental and Plans, S ecifications, & Estl JDATE 01/15/16 REVISION PROJECT: Work Order. Canyon Estate Drive and Canyon View Drive -. South of Franklin Street DIRECT LABOR . NAME URSRATE AMOUNT Staff Project Manager 103 $145.00 $14,035 Staff Senior Civil Engineer 103 $140.00 $14,420 Staff Senior Civil Engineer 134 $120.00 $16,080 Staff Civil Engineer 310 $110.00 $34,100 Staff CADD Operator Technician 330 $80.00 $26,400 Staff Bridge Engineer 0 $0.00 $0 Staff Landscape Architect 0 $0,00 $0 Staff Administrative/Project Control; 52 $70.00 $3,640 TOTAL I1U RS1,032.00 $109;575 1,032.00 OTHER DIRECT COST :ITEM QUANIM -' 'UNff ..UNIT DOST AMOUNT Reproduction Cost 1 LS $500 $500 TOTAL OTHER DIRECT EXPENSES $500.00 OUTSIDE SERVICES Iwfofeo LSA Environmental $47,350 TOTAL 01 DIRECT EXPENSES $41,350 TOTAL COST$157,425 Scope of Work -Canyon Estates Drive, Combined Project Page 8 City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 n www.lake-elsinore.org l,ftKE. �sE.till'it)I�.I; Text File File Number: ID# 16-104 Agenda Date: 3/8/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 11) City of Lake Elsinore Page 1 Printed on 3/3/2016 CITY OF LADE LLSIlYOI�E DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: ANNEXATION NO. 1 INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) FOR PARDEE (TR 36682) Recommendation It is recommended that City Council adopt the following Resolution No. 2016-_, a Resolution of the City Council of the City of Lake Elsinore declaring its intention to annex territory to Community Facilities District 2015-2 (Maintenance Services), adopting a map of the area proposed to be annexed (Annexation No. 1) and authorizing the levy of special taxes therein. Backaround On September 22, 2015 the City Council approved Resolution No. 2015-078 establishing Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore (the "CFD No. 2015-2" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. The developer, Pardee Homes, property owner of one residential tract containing 74 proposed lots within the City (TR 36682) has requested that the City assist them in annexing territory into CFD No. 2015-2 (Maintenance Services) to cover the costs associated with the maintenance of public improvements. The improvements proposed to be maintained include items such as landscaping and lighting, water quality improvements, and street maintenance. The landowner has advised the City that the area described in Exhibit A of the Resolution of Intention to be annexed into CFD No. 2015-2 and that a rate and method of apportionment of the special taxes to be levied as described in Exhibit C. The original area proposed within Annexation No. 1 will encompass 74 residential units in one tract, with a maximum annual tax of $456 per unit, per year. The tract proposed to be annexed into CFD No. 2015-2 will be included in Tax Zone 2 consisting of Tract No. 36682. The proposed total maximum tax rate for Tax Zone 2 is $456 per unit per year. This tax rate includes a Maximum Special Tax A of $354 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B of $102 per unit per year (HOA Contingent). Special Tax B is for the maintenance and operation of the improvements described in Exhibit "B" attached hereto. If the HOA were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Exhibit "F" attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the HOA. Both of these rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Pardee Homes has agreed to the annexation into the CFD and submitted a "Consent and Waiver" form on file in the City Clerk's Office, to initiate and conduct proceedings pursuant to the Mello -Roos Act of 1982, requesting the annexation of property to CFD No. 2015-2 (Maintenance Services) and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. The next step to annex the property to CFD No. 2015-2 is to publish a notification of the proposed district along with the "Resolution of Intention" and Boundary Map of the proposed Annexation area. A public hearing on the matter will take place on April 12, 2016, and at that time the Council will formally consider approval of Annexation No. 1. Two small assessors's parcels that were intended to be HOA lots in CFD 2009-1 are now due to the realignment and grading of certain lots also located in the proposed boundaries of the CFD 2015-2. The Director of Administrative Services will record of a notice of cancellation and cessation of special tax levy of CFD No. 2009-1 on the HOA Lots contingent upon the formation of CFD No. 2015-2 and the authorization by the eligible voters thereof of the special tax for Services of CFD No. 2015-2. Fiscal Impact On March 1 of each year, every residential building for which a building permit has been issued will be subject to the special taxes in the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be on property with recorded final subdivision maps, as well as other undeveloped property within the Tax Zone. The special tax levied to pay for maintenance services will only be applied to those properties for which a building permit has been issued as of March 1 preceding the Fiscal Year being levied. Once developed, the Special Tax A for Tax Zone 2 will generate $26,196 for maintenance services. Prepared by: Jason Simpson Director of Administrator Services Approved by: Grant Yates City Manager Attachments: Resolution No. 2016- (a) Description of proposed territory to be Annexed (b) Description of Authorized Services (c) Rate and Method of Apportionment (d) Proposed Annexation Map (e) Waiver and Consent (f) Maintenance Exhibit RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 1) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN WHEREAS, on September 22, 2015, the City Council (the "City Council") of the City of Lake Elsinore (the "City") approved Resolution No. 2015-078 establishing Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California, defined the "CFD No. 2015-2", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the City Council has received a written instrument from the landowner in the CFD No. 2015-2 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2015-2 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2015-2, that a rate and method of apportionment of the special tax to be levied therein be established; and WHEREAS, a portion of the property (as identified in Attachment "A" hereto) (the "HOA Lot") within the property to be annexed into CFD No. 2015-2 is also located within City of City of Lake Elsinore Community Facilities District No. 2009-1 (Park, Open Space and Street Lighting Maintenance) ("CFD No. 2009-1 ") and is a slope that was intended to be owned by a homeowner's association; and WHEREAS, due to certain grading of the property within CFD No. 2009-1, the HOA Lot now falls within the proposed boundaries of CFD No. 2015-2; and WHEREAS, the owner of the HOA Lot and CFD No. 2015-2 desire to cancel the special tax liens of CFD No. 2009-1 on the HOA Lot due to its taxation by CFD No. 2015-2 upon the completion of the annexation described herein; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, DETERMINE AND ORDER AS FOLLOWS: Resolution 2016 - Section 1. Intent to Annex. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. Section 2. Name of the Community Facilities District. The name of the existing community facilities district is known as "Community Facilities District No. 2015-2 (Maintenance Services). Section 3. Description of Territory Proposed to be Annexed Annexation Map The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2015-2 and are more particularly described and shown on that certain map entitled 'Boundaries — Potential Annexation Area Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California," as recorded on August 19, 2015 in Book 78 of Maps of Assessment and Community Facilities District, Page 74, and as Instrument No. 2015- 0369598 in the official records of the County of Riverside. The territory proposed to be annexed to the CFD No. 2015-2 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 1, Community Facilities District No. 2015-2 (Maintenance Services), City of Lake Elsinore, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. Section 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2015-2 (the "Services") are described in Exhibit B attached hereto. The cost of providing the Services includes "incidental expenses," which include costs associated of CFD No. 2015-2, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2015-2. The Services authorized to be financed by CFD No. 2015-2 are in addition to those currently provided in the territory of CFD No. 2015-2 and do not supplant services already available within that territory. Section 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2015-2, will be levied annually within CFD No. 2015-2. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit C. Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2015-2. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof. Resolution 2016 - Section 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Tuesday, April 12, 2016, in the City Council Chambers located at 183 N Main St., Lake Elsinore, California 92530, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2015-2. Section 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No, 2015-2. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. Section 9. Mailinq Ballots In anticipation of its action on Tuesday, April 12, 2016 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2015-2 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. Section 10. The Director of Administrative Services is hereby directed to cause the recordation of a notice of cancellation and cessation of special tax levy of CFD No. 2009- 1 on the HOA Lot contingent upon the formation of CFD No. 2015-2 and the authorization by the eligible voters thereof of the special tax for Services of CFD No. 2015-2. Resolution 2016 - Dated: March 8, 2016 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8th day of March, 2016. BRIAN TISDALE MAYOR ATTEST: SUSAN M. DOMEN, MMC CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY Resolution 2016 - ATTACHMENT D DESCRIPTION OF HOA LOT Assessor Parcel Nos. 358-591-008 358-600-034 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) (the "CFD No. 2015-2") Annexation No. 1 is currently comprised of three (3) parcels, located within the city boundaries. The properties are identified by the following Riverside County Assessor's Parcel Number (APN). APN Tract Number Owner Name 358-130-020 TR 36682 Pardee Homes 358-591-010 TR 36682 Pardee Homes 358-600-038 TR 36682 Pardee Homes w_qvrr:Tm- DESCRIPTION OF AUTHORIZED SERVICES DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space, maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets, erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing, or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015-2, as well as local roads within residential subdivisions located within CFD No. 2015-2; and any portions adjacent to the properties within CFD No. 2015-2; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or for the benefit of the properties within the boundaries of CFD No. 2015-2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-2 before CFD No. 2015-2 was created. EXHIBIT C COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) RATE AND METHOD OF APPORTIONMENT RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE A Special Tax (the "Special Tax") shall be levied on and collected from each Assessor's Parcel (defined below) in Community Facilities District No. 2015-2 (Maintenance Services) (the "CFD No. 2015-2" or "CFD"; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2015, in an amount determined by the City Council of the City of Lake Elsinore, acting ex officio as the legislative body of CFD No. 2015-2, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2015-2, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on any Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2015-2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2015-2, or any designee thereof associated with fulfilling the CFD No. 2015-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015-2 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Administrator" means the City Manager of the City of Lake Elsinore, or his or her designee. "Approved Property" means all Assessor's Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied. "Assessor's Parcel" means a lot or parcel of land that is identifiable by an Assessor's Parcel Number by the County Assessor of the County of Riverside. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that identification number assigned to a parcel by the County Assessor of the County. City of Lake Elsinore 2-1 Community Facilities District No. 2015-2 (Maintenance Services) "Building Square Footage" or "BSF" means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non -Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD" or "CFD No. 2015-2" means the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services). "City" has the meaning set forth in the preamble. "Contingent Special Tax B Requirement" means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessors' Parcels designated as being exempt from the Special Tax as provided for in Section G. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period from and including July I" of any year to and including the following June 30`h "Land Use Category" or "LUC" means any of the categories contained in Section B hereof to which an Assessor's Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor's Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Maximum Special Tax" means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. "Maximum Special Tax A" means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015-2. City of Lake Elsinore 2-2 Community Facilities District No. 2015-2 (Maintenance Services) "Maximum Special Tax B (Contingent)" means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015-2. "Multi -Family Residential Property" means any Assessor's Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. "Non -Residential Property" or "NR" means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor's Parcel is Non -Residential Property. "Property Owner's Association" or "POA" means the property owner's association or homeowner's association established to maintain certain landscaping within a Tax Zone. "Proportionately" means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. "Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. "Residential Property" means all Assessor's Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. "Service(s)" means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the City Council at the time the CFD was formed. "Single Family Residential Property" means any residential property other than Multi -Family Residential Property on an Assessor's Parcel. "Special Tax(es)" means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2015-2 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. City of Lake Elsinore 2-3 Community Facilities District No. 2015-2 (Maintenance Services) "Special Tax B (Contingent)" means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor's Parcels within CFD No. 2015-2, which are not Exempt Property. "Taxable Unit" means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2015-2 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2015-2 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor's Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non - Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi -Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor's Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi -family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi -family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. City of Lake Elsinore 2-4 Community Facilities District No. 2015-2 (Maintenance Services) For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of Developed Property and Approved Property which are classified as Non -Residential Property, all such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor's Parcels, the Special Tax A levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor's Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY TaxTaxable Zone Tract Land Use Category Unit Maximum Special Tax A 1 LLA -2014-2743 Non -Residential Property I Acre $121 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor's Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for City of Lake Elsinore 2-5 Community Facilities District No. 2015-2 (Maintenance Services) the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 2 below: TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A� 1 LLA -2014-2743 Non -Residential Property I Acre $121 On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor's Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax A 1 LLA -2014-2743 Acre $121 On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) (i) Maximum Special Tax B (Contingent) The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is shown in Table 1 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015- 2016 within Tax Zone 1 is identified in Table 4 below: City of Lake Elsinore 2-6 Community Facilities District No. 2015-2 (Maintenance Services) TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit_ Maximum Special Tax B (Contingent) 1 LLA -2014-2743 Non -Residential Property Acre $0 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 LLA -2014-2743 Non -Residential Property Acre $0 On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall City of Lake Elsinore 2-7 Community Facilities District No. 2015-2 (Maintenance Services) reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) 1 ( LLA -2014-2743 I Acre $0 On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor's Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall determine the Contingent Special Tax B Requirement and shall levy the Special Tax on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax B (Contingent) equals the Contingent Special Tax B Requirement. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor's Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; City of Lake Elsinore 2-8 Community Facilities District No. 2015-2 (Maintenance Services) Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2015-2 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. TERM OF SPECIAL TAX For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2015-2, any Assessor's Parcel in any of the following categories; (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor's Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor's Parcel which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2015-2 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015-2 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. City of Lake Elsinore 2-9 Community Facilities District No. 2015-2 (Maintenance Services) APPENDIX A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) COST ESTIMATE Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2016-17. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2015-2. TAX ZONE 2 TRACT NO. 36682 Item Description Estimated Cost 1 1 Streetlights $4,840 2 Streets $16,202 3 Trails $370 4 Graffiti $370 5Reserves Zone $2,931 6 Admin $1,466 Total A (Contingent) $26,179 Special Tax B Contingent Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2016-17. These services are being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2015-2. TAX ZONE 2 TRACT NO. 36682 Item Description Estimated Cost 1 Landscaping 2 Drainage $4,228 $3,300 Total $7,528 MAXIMUM SPECIALTAXES ASSIGNED TO EACH TAX ZONE ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2017 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. City of Lake Elsinore 2-10 Community Facilities District No. 2015-2 (Maintenance Services) Fiscal No. of Maximum Maximum Tax Year Taxable Land Use Taxable Special Tax Special Tax B F Zone Included Tract Units Category Unit A (Contingent) Subdivider 2 2016-17 36682 74 Residential Lot $354 $102 Pardee Homes ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2017 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. City of Lake Elsinore 2-10 Community Facilities District No. 2015-2 (Maintenance Services) CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015-2; as well as local roads within residential subdivisions located within CFD No. 2015-2; and any portions adjacent to the properties within CFD No. 2015-2; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or for the benefit of the properties within the boundaries of CFD No. 2015-2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-2 before CFD No. 2015-2 was created. City of Lake Elsinore 2-11 Community Facilities District No. 2015-2 (Maintenance Services) APPENDIX C CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES City of Lake Elsinore 2.12 Community Facilities District No. 2015-2 (Maintenance Services) EXHIBIT D PROPOSED ANNEXATION BOUNDARY MAP NO. 1 /�rE! :f S � \� ( !\(�` \ ` !WP . S/\ ° !: :_, } .,_:.:: zzz /,§\ � } §:§) `§§!§±: | / � \� ( � \\\ �¢\ !: ![!® .,_:.:: zzz §:§) `§§!§±: | 2JC/ x«« } y8 2& b0 G/\ /m /6«;.d»= oo�>�1�/�����\ / � \� ( � \\\ �¢\ � \ | \ } � \� ( � \\\ �¢\ � \ EXHIBIT E WAIVER AND CONSENT RESPECTING CONDUCT OF MAILED -BALLOT, LANDOWNER ELECTION PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING ANNEXATION OF PROPERTY TO COMMUNITY FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES) WITHIN THE CITY OF LAKE ELSINORE AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of Lake Elsinore, initiate and conduct proceedings pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act') (Government Code Section 53311 et seq.), for the annexation of the property described below into Community Facilities District 2015-2 (Maintenance Services). 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property to be annexed into the community facilities district described in Exhibit A hereto and as shown on the map Exhibit B hereto, (the "Property'.) 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district within the Property. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand -delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the annexation of the property to the community facilities district or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any Petition Form notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to the annexation of property to the community facilities district or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. 20 IN WITNESS WHEREOF, I hereunto set my hand this _ day of 11011.119=1 Ju By: _ Name: Title: OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT NO. OWNER'S MAILING ADDRESS: FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THIS _ DAY OF 20_ City Clerk of the City Council of the City of Lake Elsinore Petition Form INSERT EXHIBIT A: BOUNDARY DESCRIPTION Petition Form EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) (the "CFD No. 2015-2") Annexation No. 1 is currently comprised of three (3) parcels, located within the city boundaries. The properties are identified by the following Riverside County Assessor's Parcel Number (APN). APN Tract Number Owner Name 358-130-020 TR 36682 Pardee Homes 358-591-010 TR 36682 Pardee Homes 358-600-038 TR 36682 Pardee Homes INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP Petition Form )�:\! © e w = ,:> §`°§ :§l:::r §§:) \00! �)(°[ !!!! �d Jana ///j. z/ /.:/2:/6:, !))�! § §///// :G=Q4 _ _ > �\ Qwd © : T «/;}< }(. w , ; w I� \} \(/ / \ ; / | Bn j , 8{ !§ > :~ : . sa © e w = ,:> §`°§ :§l:::r §§:) \00! !!!! �d Jana ///j. z/ /.:/2:/6:, §///// :G=Q4 \/. Qwd © : «/;}< }(. : EXHIBIT F MAINTENANCE EXHIBIT �a w N � a w �its., 6 O J J O jP E U nipO O Q opt Nip NO,, O mI al 4 Ll P 5 19; 3 n J''_ n� ��J of S111i?I:ll: Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 12) City of Lake Elsinore Text File File Number: ID# 16-105 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 7 Printed on 31312016 CITY OF ins LADE2 LS I IYOIZE `V DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: ANNEXATION OF IMPROVEMENT AREA E INTO COMMUNITY FACILITIES DISTRICT 2003-2 (CANYON HILLS) Recommendation It is recommended that City Council adopt the following Resolution No. 2016-, a Resolution of the City Council of the City of Lake Elsinore declaring its intention to annex territory to be designated as Improvement Area E of Community Facilities District 2003-2 (Canyon Hills) and to incur bonded indebtedness within Proposed Improvement Area E. Background On January 13, 2004, the City Council approved Resolution Nos. 2004-6 and 2004-7 establishing Community Facilities District No. 2003-2 (Canyon Hills) of the City of Lake Elsinore (the "CFD No. 2003-2" or "District'). The developer, Pardee Homes, property owner of one residential tract containing 74 proposed lots within the City (TR 36682) has requested that the City assist them in annexing territory into CFD 2003-2 to be designated as Improvement Area E to finance the costs of certain public improvements through the levy of a special tax and the issuance of bonds in an amount not to exceed $3,000,000. The landowner has requested the City that the area described in Exhibit A of the Resolution of Intention be annexed into CFD No. 2003-2 and that a rate and method of apportionment of the special taxes to be levied as described in Exhibit B. DOCSOC/1746948v 1/022042-0009 The Resolution of Intention is the first step in the process of annexing the Pardee's property into the newly designated Improvement Area E. A public hearing on the matter will take place on April 12, 2016, and at that time the Council will formally consider approval of the annexation of Improvement Area E to the District and hold an election on the approval of the special tax and the need to incur bonded indebtedness to within Improvement Area E. Improvement Area E is directly adjacent to Improvement Area D. Two small assessors's parcels that were intended to be HOA lots in Improvement Area D are now due to the realignment and grading of certain lots also located in the proposed boundaries of Improvement Area E. The Director of Administrative Services will record of a notice of cancellation and cessation of special tax levy of Improvement Area D on the HOA Lots contingent upon the annexation of Improvement Area E and the authorization by the eligible voters thereof of the special tax and issuance of bonds. Fiscal Impact The District will be required to annually levy special taxes on all of the taxable property within Improvement Area E in order to pay for the costs of facilities, debt service on bonds and administration of the Improvement Area. Any bonds issued by the District on behalf of Improvement Area E are NOT obligations of the City and will be secured solely by the Special Taxes levied in Improvement Area E. Pardee has made a deposit to pay for the costs of annexing the territory into Improvement Area E. The Resolution of Intention approves the form of a Reimbursement Agreement to reimburse Pardee for these costs if and when bonds are issued for Improvement Area E. Prepared by: Jason Simpson Director of Administrator Services Approved by: Grant Yates City Manager Attachments: 1. Resolution No. 2016- 2. Petition of Pardee Homes 3. Form of Reimbursement Agreement DOCSOC/1746948v 1/022042-0009 RESOLUTION NO. 2016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS), DECLARING ITS INTENTION TO ANNEX TERRITORY TO BE DESIGNATED AS IMPROVEMENT AREA E THEREIN AND TO INCUR BONDED INDEBTEDNESS WITHIN PROPOSED IMPROVEMENT AREA E WHEREAS, after a public hearing, on November 25, 2003, the City Council (the "City Council') of the City of Lake Elsinore (the "City") adopted Resolution Nos. 2004-6 and 2004-7, which formed City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) (the "District" or "Community Facilities District No. 2003-2"), established Improvement Areas A through D therein, and called a special election on January 13, 2004, within Improvement Areas A through D of the District on three propositions relating to the levying of a special tax, the incurring of bonded indebtedness and the establishment of an appropriations limit for the District, which were approved by more than two-thirds vote by the qualified electors within each improvement area on January 13, 2004; and, WHEREAS, subsequent to formation, the District received a petition (the "Petition") signed by Pardee Hames (the "Owner") which owns certain property, the boundaries of which are described in Attachment "A" hereto and incorporated herein, to annex such property as Improvement Area E of the District ("Improvement Area E"); and, WHEREAS, pursuant to the Petition, the Owner desires to establish Improvement Area E and to approve a rate and method of apportionment for Improvement Area E (the "Rate and Method") attached hereto as Attachment "B" (the "Rate and Method"); and, WHEREAS, the Owner desires the District incur bonded indebtedness on behalf of Improvement Area E in an amount not to exceed $3,000,000, for the purpose of financing the Improvements and Incidental Expenses described in Attachment "C" attached hereto; and, WHEREAS, the City desires to enter into a reimbursement agreement with Pardee Homes, the form of which is on file with the City Clerk (the 'Reimbursement Agreement"), to provide for the reimbursement of certain amounts advanced by Pardee Homes in connection with the formation of Improvement Area E and the annexation thereof to the District, and, WHEREAS, Improvement Area E is located adjacent to Improvement Area D of Community Facilities District No. 2003-2 ("Improvement Area D") and certain lots located within Improvement Area D (as set forth in Attachment "D" hereto) are slope areas and originally intended to be homeowner's association property and exempt from the special tax levy in Improvement Area D (collectively, the "HOA Lot") is located within the proposed boundaries of Improvement Area E; and, WHEREAS, the Owner and the District desire that such HOA Lot be included in Improvement Area E and desire to discharge and cancel the special tax lien on such HOA Lot of Improvement Area D and that discharge and cancellation of the special tax lien of Improvement Area D on the HOA Lot will not materially adversely impact the owners of Improvement Area D City Council Resolution No 2016 - Page 2 special tax bonds due to the fact that the HOA Lot was never intended to be taxed, does not contain any structures and was not factored into the sizing of the Improvement Area D special tax bonds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. Section 2. The City Council declares its intention to conduct proceedings pursuant to Article 3.5 of the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the "Act") for the formation and annexation of Improvement Area E to the District. Section 3. The City Council hereby designates, pursuant to Sections 53350 of the Act, an area which shall be known as "Improvement Area E of Community Facilities District No. 2003- 2" and declares its intention to annex Improvement Area E to the District in accordance with Section 53339.3 of the Act. It is further proposed that the boundaries of Improvement Area E shall be the legal boundaries on the proposed amended boundary map depicted in Attachment "A" hereto. The City Clerk is hereby directed to sign the original amended boundary map of Improvement Area E and record it with all proper endorsements thereon with the County Recorder of the County of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California. Section 4. The Improvements proposed to be provided within Improvement Area E are public facilities as defined in the Act which the City and the Elsinore Valley Municipal Water District with respect to certain water and sewer facilities, are authorized by law to construct, acquire, own and operate. The Improvements and Incidental Expenses authorized to be financed by Improvement Area E are described in Attachment "C" attached hereto. The Improvements may be acquired from one or more of the property owners as completed public improvements or may be constructed from bond or special tax proceeds. All or a portion of the Improvements may be purchased with District funds, as completed public facilities and/or constructed with District funds. Any portion of the Improvements may be financed through a lease or lease -purchase arrangement if the City hereafter determines that such arrangement is of benefit to the City. Section 5. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax, secured by a continuing lien against all non-exempt real property in Improvement Area E, sufficient to pay for: (i) the Improvements and Incidental Expenses for Improvement Area E and (ii) the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Improvements and Incidental Expenses, including the establishment and replenishment of any reserve funds deemed necessary by the District, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash) for Improvement Area E. The Rate and Method and manner of collection of the special tax for Improvement Area E is described in detail in Attachment "B" attached hereto (which attachment is incorporated herein by this reference). Attachment "B" allows each landowner within Improvement Area E to estimate the maximum amount that may be levied against each parcel. In the first year in which such special tax is levied, the levy shall include an amount sufficient to repay to the District all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon. City Council Resolution No 2016 - Page 3 If special taxes of the District are levied against any parcel used for private residential purposes, with respect to Improvement Area E, (i) the maximum special tax rate shall not be increased over time except that it may be increased by an amount not to exceed two percent per year to the extent permitted in the rate and method, (ii) such tax shall not be levied later than the 2056-57 Fiscal Year and (iii) under no circumstances will such special tax be increased in any fiscal year as a consequence of delinquency or default by the owner of any other parcel or parcels within any Improvement Area by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The City Council hereby determines that the proposed Improvements are necessary to meet the increased demand placed upon the City and the existing infrastructure in the City as a result of the development of the territory within Improvement Area E. The City Council hereby determines the Rate and Method set forth in Attachment "B" to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act; and such special tax is not on or based upon the value or ownership of real property. In the event that a portion of the property within Improvement Area E shall become for any reason exempt, wholly or partially, from the levy of the special tax specified in Attachment "B," the City Council shall, on behalf of Improvement Area E cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Attachment "B," to the extent necessary upon the remaining property within Improvement Area E which is not exempt in order to yield the special tax revenues required for the purposes described in this Section. The obligation to pay special taxes may be prepaid as provided in the Rate and Method set forth in Attachment "B," as such Rate and Method may be amended hereafter. Section 6. It is necessary to incur bonded indebtedness within the boundaries of Improvement Area E in an amount not to exceed $3,000,000, in order to finance certain of the costs of the Improvements and Incidental Expenses, as permitted by the Act for the benefit of Improvement Area E. Section 7. The indebtedness will be incurred for the purpose of financing the costs of the Improvements and the Incidental Expenses of Improvement Area E, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Improvements and Incidental Expenses which are permitted to be financed pursuant to the Act. Section 8. It is the intent of the City Council to authorize the sale of bonds of Improvement Area E in one or more series, which bonds may be issued to fund Improvements and Incidental Expenses for Improvement Area E in the respective maximum amounts set forth in Section 6, and which bonds may bear interest at a rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of this City Council authorizing the issuance of the bonds of such series, but such term shall in no event exceed 40 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law. Section 9. A public hearing (the "Public Hearing") on (1) the establishment of Improvement Area E within the District, (2) the levying of special taxes in Improvement Area E in accordance with the Rate and Method, and (3) the proposed issuance of bonds with respect to Improvement Area E to finance the Improvements and Incidental Expenses shall be held at 7:00 p.m., or as soon thereafter as practicable, on April 12, 2016, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Should the City Council determine to take action to City Council Resolution No 2016 -_ Page 4 effectuate the foregoing items in (1) through (3), special elections will be held for Improvement Area E to authorize the issuance of the bonds for Improvement Area E and the levy of the special tax for Improvement Area E pursuant to the Rate and Method in accordance with the procedures contained in Government Code Section 53326. If such elections are held, the proposed voting procedure at the elections will be a landowner vote with each landowner who is the owner of record of land within Improvement Area E at the close of the Public Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within such Improvement Area. Ballots for the special election may be distributed by mail or by personal service. Section 10. At the time and place set forth above for the Public Hearing, the City Council will receive testimony as to whether Improvement Area E shall be established and shall consider: (a) if an ad valorem property tax is currently being levied on property within Improvement Area E for the exclusive purpose of paying principal of or interest on bonds, lease payments or other indebtedness incurred to finance construction of capital facilities; and, (b) if the capital facilities to be financed and constructed by Community Facilities District No. 2003-2 will provide the same services as were provided by the capital facilities mentioned in subsection (a); and, (c) if the City Council makes the findings specified in subsections (a) and (b) above, it will consider appropriate action to determine that the total annual amount of ad valorem property tax revenue due from parcels within Improvement Area E, for purposes of paying principal and interest on the debt identified in subsection (a) above, shall not be increased after the date on which the Improvement Area E is created, or after a later date determined by the City Council with the concurrence of the legislative body which levied the property tax in question. Section 11. At the time and place set forth above for the Public Hearing, any interested person, including all persons owning lands or registered to vote within Improvement Area E may appear and be heard. Section 12. Each City officer who is or will be responsible for providing the Improvements within Improvement Area E, if established, is hereby directed to study Improvement Area E and the Rate and Method and, at or before the time of the above-mentioned Public Hearing, file a report with the City Council containing a brief description of the public improvements by type which will in his or her opinion be required to meet adequately the needs of the District and an estimate of the cost of providing those public improvements, including the cost of environmental evaluations of such improvements and an estimate of the fair and reasonable cost of any Incidental Expenses to be incurred. Section 13. The City may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating Improvement Area E. The City may enter into an agreement with the person or entity advancing the funds or work -in- kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council, with or without interest. Section 14. The Secretary of the Board is hereby directed to publish a notice (the "Notice") of the Public Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of Improvement Area E within the District. The Secretary of the Board is further directed to mail a copy of the Notice to each of the landowners City Council Resolution No 2016 - Page 5 within the boundaries of Improvement Area E at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in proposed Improvement Area E and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. Section 15. The reasonably expected maximum principal amount of the bonded debt (the "Obligations") on behalf of Improvement Area E is Three Million Dollars ($3,000,000). Section 16. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial payment). Section 17. The form of the Reimbursement Agreement is hereby approved. The Mayor, the City Manager, the Director of Administrative Services, or their written designees are hereby authorized and directed to execute and deliver the Reimbursement Agreement in the form on file with the City Clerk with such changes, insertions and omissions as may be approved by the officer or officers executing such agreement, said execution being conclusive evidence of such approval. Section 18. It is hereby determined that the HOA Lot was intended to be exempt from the levy of the special tax in Improvement Area D and the Director of Administrative Services is hereby directed to cause the recordation of a notice of cancellation and cessation of the special tax levy of Improvement Area D on the HOA Lot contingent upon the annexation of Improvement Area E to the District. Section 19. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8'" day of March, 2016. ATTEST: SUSAN M. DOMEN, MMC CITY CLERK BRIAN TISDALE MAYOR APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY ATTACHMENT A PROPOSED BOUNDARY P OF CITY OF LAKE Eawo E COMMUNITY QLTIESDIIs me NO. &oa2(CANYON HILLS) (IMPROVEMENT AREA Q +, egb< � /2}\ 6 tr ; Ck94 +, N a Z N JW - J a w Z Z 0 Q0oZLL �rOr�n �O >.< a W W ZNV w a Q�OWaN OwQ� Z N W W LL W �OHa00 O W _IQ}m t0 — 00Z' W I.<W W> Q LL�>zo�LL W WOO} a Q 0- j O N(1.. VSOWU3H ' �5 /�Jf � / '„'' rc o- o c o _ a i m rnmr, cr_ P A-2 2 �5 /�Jf / '„'' i ATTACHMENT B PROPOSED RATE AND METHOD OF APPORTIONMENT OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) (IMPROVEMENT AREA E) ATTACHMENT C Types of Facilities To Be Financed By City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) (Improvement Area E) The proposed types of public facilities and expenses to be financed by the District include: The construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, roadway and other public facilities of the City, including the foregoing public facilities which are included in the City's fee programs with respect to such facilities and authorized to be financed under the Mello -Roos Community Facilities Act of 1982, as amended (the "City Facilities") and (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District's water and sewer capacity and connection fee programs (the "Water District Facilities" and together, with the City Facilities, the "Facilities"), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including: The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and C. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities. C-1 ATTACHMENT D DESCRIPTION OF HOA LOT Assessor Parcel Nos. 358-591-008 358-600-034 w PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING INSTITUTION OF PROCEEDINGS TO ESTABLISH IMPROVEMENT AREA E WITHIN CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) 1. The undersigned (the "Owner") is the owner of the land depicted in Exhibit A hereto and described in Exhibit B hereto (the "Property"), which land is expected to be all of the land included within the boundaries of proposed Improvement Area E of City of Lake Elsinore Community Facilities District No. 2003-2 (Canyon Hills) (the "District"). The Property is located within the City of Lake Elsinore (the "City") in the County of Riverside. 2, The Owner requests that, pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of the State of California, commonly (mown as the "Mello - Roos Community Facilities Act of 1982" (the "Act"), the City Council of the City institute proceedings to (i) establish Improvement Area E of Community Facilities District No. 2003-2 ("Improvement Area E") and annex Improvement Area E to the District. The proposed rate and method of apportionment for Improvement Area E is attached hereto as Exhibit D. The boundaries of the territory which is proposed for inclusion as improvement Area E of the District are those depicted in Exhibit A hereto and described in Exhibit B hereto. 3. The Owner requests that proposed Improvement Area E be used to finance the construction, purchase, modification, expansion and/or improvement of (i) drainage, library, park, roadway and other public facilities of the City, including the foregoing public facilities which are included in the City's fee programs with respect to such facilities and authorized to be financed under the Act (the "City Facilities") and (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District's water and sewer capacity and connection fee programs (the "Water District Facilities" and together, with the City Facilities, the "Facilities'), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including: a. The cost of engineering, planning and designing the Facilities b. All costs, including costs of the property owner petitioning to form Improvement Area E, associated with the creation of Improvement Area E, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and C. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities. 4. The Owner further requests that the City Council authorize the levy of special taxes in Improvement Area E to pay the costs of the Facilities and the incidental costs described in paragraph 3 above and to pay principal of, interest and premium, if any, on the bonds in order to contribute to the financing of the Facilities and costs described in paragraph 3 above. 5. The Owner further requests that, upon the sale of bonds, the City Council, as legislative body of the District, annually levy special taxes on the property within Improvement Area E for the construction, acquisition and rehabilitation of the Facilities, for the payment of the aggregate amount of principal of and interest owing on the bonds in each fiscal year, including the maintenance of reserves therefor, and for the payment of administrative expenses of Improvement Area E and for such services as the City Council deems appropriate. 6. The properly depicted on Exhibit D hereto (the "HOA Lot") is within the boundaries of the proposed Improvement Area E and also within the boundaries of Improvement Area D of the District. 7. The HOA Lot is a slope area and was intended to be owned by the homeowner's association and exempt from the levy of the special tax of improvement Area D. 8. Due to the grading of Improvement Area E, the HOA Lot now falls within the boundaries of Improvement Area D. No structures are anticipated to be constructed on the HOA Lot and the Owner hereby petitions and requests the City to remove the special tax lien of Improvement Area D on such property. 9. The Owner has advanced to the City the amounts necessary to pay for the costs related to the formation and annexation of improvement Area E, which amounts will be reimbursed, without interest, from the proceeds of the first sale of the bonds, if any. The reimbursement of such amounts is expected to be governed by the terms of that certain Reimbursement Agreement to be entered into by and between the City and the Owner relating to Improvement Area E. If bonds are not sold, the City will have no obligation to reimburse amounts expended for costs incurred, but will reimburse any unexpended amounts advanced by the Owner as set forth in the Reimbursement Agreement. Dated: March , 2016 PARDEE HOMES By: Name: Title: BOUNDARY « OF CITY nLAKE, ELSmot COMMUNITY RRT R DISTRICT NO.200%AN& HILLS) (IMPROVEMENT e ME ( 2©/\ \\\ §9\ ; 2CR JZ !«sG ME \\\ §9\ ; ME ry 4 2 N Q NJW°LL QZ 6 EE Gl,p 2Z°U p°~PZLL C Y V } N J ° 4,4WW (.�'zNUyQ Q p p W 4 N mWwww aP a:oa �}WJ4}y ai0 jZ—w 0 2w> 2 zazoa° q — 0 D ° o U U au e»orvvmr 9 0 o --- rn vrrir 3 y au e»orvvmr 9 o z y *Fv 1GQ! U�y .�rrG fsYzJ� r�ys k� •5 i* t FGL: o z *Fv 1GQ! U�y .�rrG fsYzJ� r�ys k� •5 i* t FGL: EXHIBIT B CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON IIILLS) (IMPROVEMENT AREA E) LEGAL DESCRIPTION Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE. EXCEPTING THEREFROM THE LAND DESCRIBED 1N DEED TO HAROLD D. FOISTER, RECORDED JANUARY 25, 1957 IN BOOK 2030 PAGE 306, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO PETER F. TERHEIMER AND ANNA TERHEIMER, RECORDED APRIL 22, 1958, BOOK 2258 PAGE 368 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO ELIZABETH ROSENZWEIG, RECORDED JANUARY 7, 1959, INSTRUMENT NO. 997 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO VIRGIL H. YOUNG AND ANNABELL YOUNG, RECORDED MAY 28, 1962, INSTRUMENT NO. 49420 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO ROGER P. AND MARJORIE E. EVANS, RECORDED FEBRUARY 16, 1959 INSTRUMENT NO. 12814 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO GEORGE A. JOHNSTON AND INA JOHNSTON, RECORDED JUNE 2, 1960, INSTRUMENT NO. 49210 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO ROGER P. EVANS AND MARJORIE EVANS, AS TO PARCEL, 1 AND WILFRED E. EVANS AND PEARL J. EVANS, AS TO PARCEL 2, RECORDED MAY 23, 1962, INSTRUMENT NO. 47912 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO EUGENE L. GRIFFITH AND LUCILE 1. GRIFFITH, RECORDED JUNE 12, 1961, INSTRUMENT NO. 49736 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO FRANK BURLINGHAM AND TONE BURLINGHAM, RECORDED AUGUST 9, 1965, INSTRUMENT NO. 91756 OF OFFICIAL RECORDS. APN: 358-130-020-4 EXHIBIT C RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) (IMPROVEMENT AREA E) C-1 EXHIBIT D DESCRIPTION OF HOA LOT Assessor Parcel Nos. 358-591-008 358-600-034 D-1 REIMBURSEMENT AGREEMENT RE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 201_-_ OF THE CITY OF LAKE ELSINORE ( ) THIS REIMBURSEMENT AGREEMENT RE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 201_- OF THE CITY OF LAKE ELSINORE ( ) (the "Agreement") dated as of 1, 2016 is entered into by and between the City of Lake Elsinore, a general law city organized and existing under the laws and constitution of the State of California (the "City"), and (the "Owner"). RECITALS: A. The Owner owns approximately acres of land described in Exhibit A attached hereto (the "Property") for which the Owner desires to include the Property within proposed Community Facilities District No. 201 -_ of the City of Lake Elsinore (the "District") to be established by the City pursuant to the Mello -Roos Community Facilities Act of 1952 (Government Code Section 53311 et seq.) (the "Act"). B. The City and the Owner are desirous of entering into this Agreement in order to provide a mechanism by which the Owner may advance certain costs related to the cost of formation of the District, and to provide that such District, if formed, will reimburse the Owner for the amounts advanced hereunder. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Potential Formation of the District and Issuance of Bonds. (a) At the request of the Owner, the City will undertake to form the District. The City will retain, at the Owner's expense, the necessary consultants to analyze the proposed formation of the District and issuance of bonds, including an engineer, special tax consultant, financial advisor, bond counsel, market absorption consultant, appraiser and other consultants deemed necessary by the City. In addition, City staff time spent in connection with the formation of the District and the issuance of bonds shall be at Owner's expense. (b) In order to begin the process of analyzing the potential formation of the District, the Owner shall advance to the City a sum totaling $ . From time to time, the Owner shall make additional advances to the City within 15 days following receipt from the City of a request for an additional advance to cover the costs of forming the District and/or issuing bonds. In the event the Owner does not deliver the requested amount to the City within such 15 -day period, the City will have no obligation to proceed with the analysis or bond issue unless and until such additional advance is received. The Owner shall have the right to notify the City at any time, in writing, of its intention to abandon the formation of the District or the issuance of bonds. Upon receipt of such notice, the City shall instruct its consultants to cease work as soon as practicable. The DOCS00 I 746579 1/022042-0011 Owner shall be responsible to pay all costs and expenses incurred by the City or any City consultant or advisor prior to the date on which the City's consultants are notified of the Owner's notice of abandonment. Notwithstanding a decision of the Owner to abandon the formation of the District or the issuance of bonds, the City may, in its sole discretion, elect to proceed with formation of the District and/or the issuance of bonds with funds other than those of the Owner; provided, however, that, in executing this Agreement, the Owner shall not be deemed to have waived their right to object to the formation of the District or the issuance of bonds. (c) The City will provide to the Owner on request a summary of how the advances have been spent and the unexpended balance remaining. The amounts advanced by the Owner will be reimbursable to the Owner, without interest, from the proceeds of bonds issued by the District when and if the District is formed. In the event that bonds are not issued to provide a source of reimbursement to the Owner, the City shall have no liability to the Owner to reimburse them for any of amounts previously advanced by the Owner and expended by the City in accordance with this Agreement. 3. Reimbursement Procedure. The City shall return any funds which have been advanced by the Owner which are not expended on the purposes set forth in Section 2 above. Such returned funds shall be without interest. 4. Abandonment of CFD Formation Process. The Owner understands that any formation of the District shall be in the sole discretion of the City. No provision of this Agreement shall be construed as a promise, warranty or agreement by the City to form the District, to annex the Property to any other district or improvement area of the City or to issue any bonds. The City shall have no liability to Owner for its decision not to form the District or issue bonds. 5. Indemnification and Hold Harmless. The Owner hereby assumes the defense of, and indemnifies and saves harmless, jointly and severally, the City and each of its officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or arising out of any acts or omissions taken by the Owner or any of the Owner's officers, employees, contractors and agents with respect to the formation of the District. 6. Notices. Any notice to be provided pursuant to this Agreement shall be delivered to the following addresses: Owner Attention: Telephone: Email: City: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attn: Director of Administrative Services Telephone: (95 1) 674-3124 Email: ,jsimpson�,lalce-elsinore.org 2 DOCSOGI 746579v 1/0220,12-0011 With a copy to: Stradling Yocca Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Attention: Brian Forbath, Esq. Telephone: (949) 725-4193 Email: bforbatha sycr.com Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. 7. Assignment. The Owner may not assign its interest in this Agreement without the prior written consent of the City. 8. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent permitted by law. 9. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein. 10. Amendments. This Agreement may be amended or modified only by written instrument signed by all parties. 11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 13. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Owner, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 14. Singular and Plural; Gender. As used herein, the singular of any word includes the Plural, and terms in the masculine gender shall include the feminine. 15. Termination. This Agreement shall terminate and be of no further force and effect on 201_ unless expressly amended by the parties; provided, however, that the Owner's obligations under Section 5 shall survive the termination and the City's obligation to provide reimbursement in accordance with Section 3 for expenses incurred prior to the termination date shall also survive termination. [THE REMAINDER Of THIS PAGE INTENTIONALLY LEFT BLANK] 3 DOC SOC/ 1746579v 1 /022042-0011 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: By: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: CITY ATTORNEY By: CITY OF LAKE ELSINORE, a political subdivision of the State of California By: Director of Administrative Services [DEVELOPER] By: Its: S -I DOCSOC/ 17465 79 v 1/022042-0011 EXHIBIT A DESCRIPTION OF PROPERTY A-] DOCSOC/1746579v1 /022042-0011 Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 13) City of Lake Elsinore Text File File Number: ID# 16-106 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 3/3/2016 CITY OF LADE I LSI ORIE �M DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: INTENTION TO FORM COMMUNITY FACILITIES DISTRICT No. 2015-1 (SAFETY SERVICES) OF THE CITY OF LAKE ELSINORE Recommendation It is recommended that City Council adopt Resolution No. 2016-_, a Resolution of the City Council of the City of Lake Elsinore declaring its intention to establish Community Facilities District 2015-1 (Safety Services), to authorize the Levy of a Special Tax on property within the District to pay the costs of providing public safety services. Background The developers, Terracina Investors, LLC, property owner of one residential tract containing 452 proposed lots within the City (TR 36557) and Pardee Homes the owner of one residential tract containing 74 proposed lots within the City (TR 36682) have requested that the City assist them in forming a community facilities district (the "CFD") to finance the costs of providing public safety services through the levy of a special tax. Additionally, the CFD has designated certain areas for future annexations into the CFD should additional landowners wish to annex to the CFD. The landowners have requested the City that the area described in Exhibit A of the Resolution of Intention be the boundaries of the CFD and that a rate and method of apportionment of the special taxes to be levied as described in Exhibit B. The Resolution of Intention is the first step in the process of forming the CFD. A public hearing on the matter will take place on April 12, 2016, and at that time the Council will formally consider approval to form the CFD and hold an election on the approval of the special taxes within the CFD. Two small assessors' parcels (the "HOA Lots") that are part of the Pardee property are currently in CFD 2003-1 (Law Enforcement, Fire and Paramedic Services). These parcels were intended to be HOA lots are now due to the realignment and grading of certain lots also located in the proposed boundaries of both the CFD and CFD 2003-1. The Director of Administrative Services will record of a notice of cancellation and cessation of special tax levy of CFD 2003-1 on the HOA Lots contingent upon the formation of CFD 2015-1 and the authorization by the eligible voters thereof of the special tax for services. Fiscal Impact Pursuant to the rate and method of apportionment, establishes a maximum tax of $685 per year for single family residential property and $419 per year for multi -family residential property. The District will be required to annually levy special taxes on all of the taxable property within District in order to pay for the costs of the services and administration of the CFD. Prepared by: Jason Simpson Director of Administrator Services Approved by: Grant Yates City Manager Attachments: 1. Resolution No. 2016- Resolution of Intention to form CFD 2015-1 2. Petition of Terracina Investors LLC 3. Petition of Pardee Homes RESOLUTION NO. 2016- A RESOLUTION OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORIA, DECLARING ITS INTENT TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF THE CITY OF LAKE ELSINORE (SAFETY SERVICES), TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS OF PROVIDING PUBLIC SAFETY SERVICES WHEREAS, the City of Lake Elsinore (the "City") has received petitions (together, the "Petitions") signed by the owners (the "Owners") of certain of the land which is proposed for inclusion in a proposed community facilities district which meets the requirements of Sections 53318 and 53319 of the Government Code of the State of California; and WHEREAS, the City Council of the City (the "City Council") desires to adopt this resolution of intention as provided in Section 53321 of the Government Code of the State of California to establish a community facilities district consisting of the territory described in Attachment "A" hereto and incorporated herein by this reference, which the City Council hereby determines shall be known as "Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services)" ("Community Facilities District No. 2015-1" or the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the "Act") to (1) finance police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services described in Attachment "B" hereto and incorporated herein by this reference (the "Services"), and (2) finance the incidental expenses to be incurred in connection with forming and administering the District and financing the Services (the "Services Incidental Expenses"); and WHEREAS, pursuant to the alternate procedures provided in Section 53328.1 of the Act, the City Council proposes to designate the property described in Attachment "B" hereto and incorporated herein by this references as territory proposed for annexation to Community Facilities District No. 2015-1 in the future (the "Annexation Territory'), with the condition that a parcel or parcels within such territory may be annexed and subjected to the special tax of Community Facilities District No. 2015-1 only with the unanimous approval of the owner or owners of the parcel or parcels at the time of annexation or in compliance with other procedures established by the Act, and WHEREAS, the City Council further intends to approve an estimate of the costs of the Services and the Services Incidental Expenses for Community Facilities District No. 2015-1; and WHEREAS, it is the intention of the City Council to consider financing the Services and the Services Incidental Expenses through the formation of Community Facilities District No. 2015-1 and the levy of a special tax to pay for such Services and Services Incidental expenses, and WHEREAS, a portion of the property (as identified in Attachment "D" hereto) (the "HOA Lot") within the proposed District is also located within City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) ("CFD No. 2003- 1 ") and is a slope that was intended to be owned by a homeowner's association; and City Council Resolution No. 2016 - Page 2 of 10 WHEREAS, due to certain grading of the property within CFD No. 2003-1, the HOA Lot now falls within the proposed boundaries of the District; and WHEREAS, the owner of the HOA Lot and the District desire to cancel the special tax lien of CFD No. 2003-1 on the HOA Lot due to its taxation by the District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. A community facilities district is proposed to be established under the terms of the Act. It is further proposed that the boundaries of the community facilities district shall be the legal boundaries as described in Attachment "A" hereto, which boundaries shall, upon recordation of the boundary map for the District, include the entirety of any parcel initially subject to taxation by the District, and as depicted on the map of the proposed Community Facilities District No. 2015-1 which is on file with the Clerk of the Board. The City Clerk is hereby directed to sign the original map of the District and record it with all proper endorsements thereon with the County Recorder of the County of Amador within 15 days after the adoption of this resolution, all as required by Section 3113 of the Streets and Highways Code of the State of California. Section 3. The City Council further proposes to designate the property described in Attachment "B" hereto as property proposed for annexation into the District in the future, with the condition that a parcel or parcels within such territory may be annexed to the District and subject to taxation by the District only with the unanimous approval of the owner or owners of such parcel or parcels at the time that such parcel or parcels are annexed to the District. Section 4. The name of the proposed community facilities district shall be "Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services)." Section 5. The Services proposed to be provided for the benefit of Community Facilities District No. 2015-1 are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory of the District, including the Annexation Territory, at the present time and do not supplant services already available within the territory of the District at the present time. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the proposed District, including the Annexation Territory, to understand what the funds of the District may be used to finance. The Services Incidental Expenses expected to be incurred include the costs of planning the Services, the costs of forming the District, the cost of levying and collecting a special tax within the proposed District and the cost of administration. Section 6. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for the Services and the Services Incidental Expenses. Notwithstanding the foregoing, the District shall not record a special tax lien on property within the Annexation Territory until the owner or owners of the parcel or parcels thereof have given their unanimous approval of the parcel's or parcels' annexation to the District. The rate and method of apportionment and manner of collection of the special taxes are described in detail in City Council Resolution No. 2016 - Page 3 of 10 Attachment "C" attached hereto, which Attachment "C" is incorporated herein by this reference. Attachment "C" allows each landowner within the District to estimate the maximum amount that may be levied against each parcel. The special taxes for Services may be increased based on the consumer price index by an amount not to exceed five percent (5%) per year to the extent permitted in the Rate and Method. The special tax for Services may be levied for such period as the Services are needed, as further described in Attachment "C" hereto, provided that under no circumstances will such special tax be increased with respect to residential property as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent. The special taxes are based on the expected demand that each parcel of real property within proposed Community Facilities District No. 2015-1 will place on the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the existing police, fire, rescue and paramedic services in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the rate and method of apportionment of the special taxes set forth in Attachment "C" to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon the value or ownership of real property. Section 7. A public hearing (the "Hearing") on the establishment of the proposed Community Facilities District No. 2015-1, the proposed rate and method of apportionment of the special taxes to finance the Services and the Services Incidental Expenses shall be held at 7:00 p.m., or as soon thereafter as practicable, on April 12, 2016, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Should the City Council determine to form the District, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District (excluding the Annexation Territory) at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the proposed District. Ballots for the special election may be distributed by mail or by personal service. Section 8. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act. Section 9. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 2015-1, may appear and be heard. Section 10. Each City officer who is or will be responsible for administering the proposed Community Facilities District No. 2015-1, if it is established, is hereby directed to study the proposed District and, at or before the time of the above-mentioned Hearing, file a report with the City Council containing a brief description of services by type which will in his or her opinion be required to meet adequately the needs of Community Facilities District No. 2015- 1 and an estimate of the cost of providing those services, and an estimate of the fair and reasonable cost of Services Incidental Expenses to be incurred. Section 11. The District may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized City Council Resolution No. 2016 - Page 4 of 10 purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2015-1. The District may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council, with or without interest. Section 12. The City Clerk is hereby directed to publish a notice (the "Notice') of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2015-1. The City Clerk is further directed to mail a copy of the Notice to each landowner within the boundaries of the District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. Section 13. The Director of Administrative Services is hereby directed to cause the recordation of a notice of cancellation and cessation of special tax levy of CFD No. 2003-1 on the HOA Lot contingent upon the formation of the District and the authorization by the eligible voters thereof of the Special Tax for Services. Section 14. This Resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8`" day of March, 2016. Brian Tisdale MAYOR ATTEST: Susan M. Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney a z a p 0- 0 O wwk CO F��O D J W LL N vWi as°W O Wwy> � ULL � z o � N O ° U U ATTACHMENT A Proposed Boundaries Community Facilities District No. 2015-1 City of Lake Elsinore (Safety Services), Riverside County, California ME L7 4 di ry , fs I� IS � Y � d � u x� .. ME rc ->5 Sb3AU ba vsnn uju e V n A -Z Y�jsp A-3 \\\�� \ � \\ \ � IF / \ \ \\\ \ \\\\} A-3 ATTACHMENT B Types of Services to be Financed by Community Facilities District No. 2015-1 of the City of Lake Elsinore (Public Safety Services) The services which may be funded with proceeds of the special tax of CFD No. 2015-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2015-1. These services include police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses" as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator. The above services shall be limited to those provided within the boundaries of CFD No. 2015-1 and the Future Annexation Area of CFD No. 2015-1 or for the benefit of the properties within the boundaries of CFD No. 2015-1 and the Future Annexation Area of CFD No. 2015-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-1 before CFD No. 2015-1 was created. ATTACHMENT C RATE AND METHOD OF APPORTIONMENT FOR CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT No. 2015-1 (SAFETY SERVICES) C-1 ATTACHMENT D DESCRIPTION OF HOA LOT Assessor Parcel Nos. 358-591-008 358-600-034 D-1 PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING INSTITUTION OF PROCEEDINGS FOR ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT (COMMUNITY FACILITIES DISTRICT NO. 2015-1 OF TI TE CITY OF LAKE ELSINORE) (SAFETY SERVICES) 1 . The undersigned (the "Owner") is the owner of the land described in Exhibit B hereto (the "Property"), which land is expected to be included within the boundaries of a community facilities district hereby proposed to be established. The Property is located within the boundaries of the City of Lake Elsinore (the "City"), County of Riverside. 2. The Owner requests that the City Council of the City of Lake Elsinore (the "City Council") institute proceedings to establish a community facilities district to be (mown as "Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services)" (referred to herein as the "District") pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of the State of California, commonly known as the "Mello -Roos Community Facilities Act of 1982" (the "Act"), to include all of the Property. The proposed rate and method of apportionment for the District is set forth in Exhibit D hereto. 3. The boundaries of the territory which is proposed for inclusion in the District are those depicted in Exhibit A hereto. The Owner acknowledges that the City proposes to designate the territory depicted in Exhibit C hereto as property that may be annexed to the District in the future in accordance with the Act. 4. The Owner requests that the proposed District fund police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services (collectively, the "Services"). In addition, the District may fund actual or reasonably estimated costs directly related to the formation, annexation, and administration of the District including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, the District, or any designee thereof associated with fulfilling the District reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, the District or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or the District for any other administrative purposes of the District, including attorney's fees and other costs related to commencing and Pursuing to completion any foreclosure of delinquent Special Taxes. S. The Owners further request that, the City Council, as legislative body of the District, annually levy special taxes on the property within the District to provide for the Services, and for the payment of administrative expenses of the District and for such services as the City Council deems appropriate. Dated: March , 2016 TERRACINA INVESTORS, LLC, a California limited liability company By: Name: Title: a z K 6 0 N Q Z J Z w V h K Uw00 I-UNW 2 nrcW< ❑ wwu> O WNgw co ❑ -�wwy cWn a<°w � y�rrc 0 z o � � F 0 0 EXHIBIT A BOUNDARY MAP t xt, u b ; "s Y Z. z a � o p N LL 6 J Z w< Wu �mO0 ofwZ 2 o>W� 3 wWv LU < w p J o Q JW,U) Vi aa�W 0 LL nT? Q U LL D O 4 = r z g z O n U O U T Nr vmuv va vsoan an � p 7 y '' ureic cr y n Y C Z r A-2 EXHIBIT B LEGAL DESCRIPTION Assessor Parcel Nos. 389-180-001 389-180-002 389-190-002 378-040-004 378-040-005 378-040-006 378-040-007 378-040-012 MM EXHIBIT C ANNEXATION TERRITORY BOUNDARY MAP C-1 Seg; 2- \)\\\ � \ \\/ iA t, t 1 , , 8 ea 04 EXHIBIT D RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) OF THE CITY OF LAKE ELSINORE D-1 PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING INSTITUTION OF PROCEEDINGS FOR ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT (COMMUNITY FACILITIES DISTRICT NO, 2015-1 OF THE CITY OF LAKE ELSINORE) (SAFETY SERVICES) 1. The undersigned (the "Owner") is the owner of the land described in Exhibit B hereto (the "Property"), which land is expected to included within the boundaries of a community facilities district hereby proposed to be established. The Property is located within the boundaries of the City of Lake Elsinore (the "City"), County of Riverside. 2. The Owner requests that the City Council of the City of Lake Elsinore (the "City Council') institute proceedings to establish a community facilities district to be known as "Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services)" (referred to herein as the "District') pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of the State of California, commonly ]mown as the "Mello -Roos Community Facilities Act of 1982" (the "Act'), to include all of the Property. The proposed rate and method of apportionment for the District is set forth in Exhibit D hereto. 3. The boundaries of the territory which is proposed for inclusion in the District are those depicted in Exhibit A hereto. The Owner acknowledges that the City proposes to designate the territory depicted in Exhibit C hereto as property that may be annexed to the District in the future in accordance with the Act. 4. The Owner requests that the proposed District fund police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services (collectively, the "Services'). In addition, the District may fund actual or reasonably estimated costs directly related to the formation, annexation, and administration of the District including, but not limited to: the costs of computing the Special 'Faxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, the District, or any designee thereof associated with fulfilling the District reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes.. the costs of the City, the District or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or the District for any other administrative purposes of the District, including attorney's fees and other costs related to commencing and Pursuing to completion any foreclosure of delinquent Special Taxes. 5. The property depicted on Exhibit E hereto (the "HOA Lot') is within the boundaries of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) ("CFD No. 2003-1"). 6. The HOA Lot is a slope area and due to the grading of the HOA Lot, the I IOA Lot now falls within the proposed boundaries of the District. No structures are anticipated to be constructed on the HOA Lot and the Owner hereby petitions and requests the City to remove the special tax lien of CFD No. 2003-1 from the HOA Lot. 7. In addition, the Owner's request for the establishment of the District is conditioned upon the City's acknowledgement in the Resolution of Formation of the District that certain District's revenues constitutes "Public Safety Special Taxes" for the purposes of, and as defined in that certain Public Facilities and Services Financing Agreement between the City and Owner dated June 24, 2003, and for the purposes of, and as defined in the City of Lake Elsinore Community Facilities District No. 2003-2 Rate and Method of Apportionment. Owner and City will reasonably cooperate in determining the allocation of the District's special tax revenues to the "Public Safety CFD Share" as defined in the above -referenced documents. 8. The Owners further request that, the City Council, as legislative body of the District, annually levy special taxes oil the property within the District to provide for the Services, and for the payment of administrative expenses of the District and for such services as the City Council deems appropriate. Dated: March , 2016 PARDEE HOMES By: Name: Title: 2 EXHIBIT A BOUNDARY MAP FEW L ?, fl tv h I FEW +�Q i19 GP1 >IJu i y a +�Q i19 GP1 >IJu a o � U x ppv16 24 P Y � v A-2 s A EXHIBIT B LEGAL DESCRIPTION Assessor Parcel Nos. 358-130-020 358-600-038 358-591-010 B-1 EXHIBIT C ANNEXATION TERRITORY BOUNDARY MAP G1 ■ I/\ eG EXHIBIT D RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) OF THE CITY OF LAKE ELSINORE D-1 EXHIBIT E DESCRIPTION OF HOA LOT Assessor Parcel Nos. 358-591-008 358-600-034 Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 14) City of Lake Elsinore Text File File Number: ID# 16-107 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-eIsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 3/3/2016 CITY OF LADE L LSIA0P\.E ?` DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: INTENTION TO FORM COMMUNITY FACILITIES DISTRICT 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA) Recommendation It is recommended that City Council adopt the following: Resolution No. 2016-_, a Resolution of the City Council of the City of Lake Elsinore declaring its intention to establish Community Facilities District 2015-4 of the City of Lake Elsinore (Terracing) and Resolution No. 2016-, A Resolution of the City Council of the City of Lake Elsinore declaring its intention to incur bonded indebtedness in an amount not to exceed $20,000,000 with the proposed Community Facilities District 2015-4 of the City of Lake Elsinore (Terracina). Background The developer, Terracina Investors, LLC, property owner of one residential tract containing 452 proposed lots within the City (TR 36557) has requested that the City assist them in forming a community facilities district (the "CFD") to finance the costs of certain public improvements through the levy of a special tax and the issuance of bonds in an amount not to exceed $20,000,000. Additionally, the CFD will contain a services special tax to pay for the costs of landscaping, lighting, and other authorized services. The rate and method of apportionment also contains a contingent services tax that becomes effective if the Property Owners' Association fails to properly maintain certain facilities The landowner has requested the City that the area described in Exhibit A of the Resolution of Intention be the boundaries of the CFD and that a rate and method of apportionment of the special taxes to be levied as described in Exhibit B. Resolution of Intention 2015-4 (Terracina) March 8, 2016 The Resolution of Intention is the first step in the process of forming the CFD. A public hearing on the matter will take place on April 12, 2016, and at that time the Council will formally consider approval to form the CFD and hold an election on the approval of the special taxesand the need to incur bonded indebtedness to within the CFD. Fiscal Impact The District will be required to annually levy special taxes on all of the taxable property within the CFD in order to pay for the costs of facilities, debt service on bonds, the services and administration of the CFD. Any bonds issued by the District are NOT obligations of the City and will be secured solely by the Special Taxes levied in the CFD. Terracina Investors, LLC has made a deposit to pay for the costs of forming the CFD. The Resolution of Intention approves the form of a Reimbursement Agreement to reimburse the developer for these costs if and when bonds are issued for CFD. Prepared by: Jason Simpson Director of Administrator Services Approved by: Grant Yates City Manager Attachments: 1, Resolution No. 2016- Resolution of Intention to form CFD 2015-4 2. Resolution No. 2016- Resolution of Intention to incur bonded debt 3. Petition of Terracina Investors LLC 4. Form of Reimbursement Agreement RESOLUTION NO. 2016 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENT TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA), TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO PAY THE COSTS OF ACQUIRING OR CONSTRUCTING CERTAIN FACILITIES, SERVICES AND EXPENSES OF THE DISTRICT AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS WHEREAS, the City of Lake Elsinore (the "City") received a petition signed by the owner of more than ten percent of the land within the boundaries of the territory which is proposed for inclusion in a proposed community facilities district, which petition meets the requirements of Sections 53318 and 53319 of the Government Code of the State of California; and WHEREAS, the City Council of the City (the "City Council") desires to adopt this resolution of intention as provided in Section 53321 of the Government Code of the State of California to establish a community facilities district consisting of the territory described in Attachment "A" hereto and incorporated herein by this reference, which the City Council hereby determines shall be known as "Community Facilities District No. 2015-4 of the City of Lake Elsinore (Terracina)" (the "Community Facilities District No. 2015-4" or the "District') pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the "Act') to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of certain real or other tangible property described in Attachment "B" hereto and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the "Facilities"), which Facilities have a useful life of five years or longer, (2) the incidental expenses to be incurred in connection with financing the Facilities and forming and administering the District (the "Facilities Incidental Expenses") (3) maintaining, servicing, cleaning, repairing and/or replacing landscaped areas in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use and water quality improvements (the "Services"), and (4) the incidental expenses to be incurred in connection with forming and administering the District and financing the Services (the "Services Incidental Expenses" and together with the Facilities Incidental Expenses, the "Incidental Expenses"); WHEREAS, the City Council further intends to approve an estimate of the costs of the Facilities, the Services and the Incidental Expenses for Community Facilities District No. 2015- 4; and WHEREAS, it is the intention of the City Council to consider financing the Facilities, the Services and the Incidental Expenses through the formation of Community Facilities District No. 2015-4 and the issuance of bonded indebtedness in an amount not to exceed $20,000,000 with respect to the Facilities and the Facilities Incidental Expenses, and the levy of a special tax to pay for the Facilities (the "Facilities Special Tax"), the Services (including the special tax to be levied contingent upon the inability of a property owner association to maintain the Services (collectively, the "Services Special Tax")) and the Incidental Expenses and to pay debt service on the bonded indebtedness, provided that the bond sale and such special tax levy are approved at an election to be held within the boundaries of Community Facilities District No. 2015-4; and City Council Resolution No. 2016 - Page 2 WHEREAS, the City desires to enter into a reimbursement agreement with Terracina Investors, LLC, a California limited liability company (the "Developer"), the form of which is on file with the City Clerk (the "Reimbursement Agreement'), to provide for the reimbursement of certain amounts advanced by the Developer in connection with the formation of the District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. A community facilities district is proposed to be established under the terms of the Act. It is further proposed that the boundaries of the community facilities district shall be the legal boundaries as described in Attachment "A" hereto, which boundaries shall, upon recordation of the boundary map for the District, include the entirety of any parcel subject to taxation by the District, and as depicted on the map of the proposed Community Facilities District No. 2015-4 which is on file with the City Clerk. The City Clerk is hereby directed to sign the original map of the District and record it with all proper endorsements thereon with the Assessor -County Clerk -Recorder of the County of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California. Section 3. The name of the proposed community facilities district shall be "Community Facilities District No. 2015-4 of the City of Lake Elsinore (Terracina)." Section 4. The Facilities proposed to be provided within Community Facilities District No. 2015-4 are public facilities as defined in the Act, which the City and the Elsinore Valley Municipal Water District, with respect to certain water and sewer facilities, are authorized by law to construct, acquire, own and operate. The City Council hereby finds and determines that the description of the Facilities herein is sufficiently informative to allow taxpayers within the proposed District to understand what the funds of the District may be used to finance. The Facilities Incidental Expenses expected to be incurred include the cost of planning and designing the Facilities, the costs of forming the District, issuing bonds and levying and collecting a special tax within the proposed District. The Facilities may be acquired from one or more of the property owners within the District as completed public improvements or may be constructed from bond or Facilities Special Tax proceeds. All or a portion of the Facilities may be purchased with District funds as completed public facilities pursuant to Section 53314.9 or as discrete portions or phases pursuant to Section 53313.51 of the Act and/or constructed with District funds pursuant to Section 53316.2 of the Act. Any portion of the Facilities may be financed through a lease or lease -purchase arrangement if the District hereafter determines that such arrangement is of benefit to the District. The Services proposed to be provided for the benefit of Community Facilities District No. 2015-4 are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory of the District at the present time and do not supplant services already available within the territory of the District. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the proposed District, to understand what the funds of the District may be used to finance. The Services Incidental Expenses expected to be incurred include the costs of planning the Services, the costs of forming the District, the cost of City Council Resolution No. 2016 - Page 3 levying and collecting the Services Special Tax within the proposed District and the cost of administration. Section 5. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act the Facilities Special Tax, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for: (i) the Facilities and Facilities Incidental Expenses; and (ii) the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Facilities and Facilities Incidental Expenses, including the establishment and replenishment of any reserve funds deemed necessary by the District, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash). The rate and method of apportionment and manner of collection of the special tax are described in detail in Attachment "C" attached hereto, which Attachment "C" is incorporated herein by this reference. Attachment "C" allows each landowner within the District to estimate the maximum amount of the Facilities Special Tax that may be levied against each parcel. In the first year in which such Facilities Special Tax is levied, the levy shall include an amount sufficient to repay to the District all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon. If the Facilities Special Tax is levied against any parcel used for private residential purposes, (i) the maximum Facilities Special Tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Facilities Special Tax because of its use for private residential purposes and shall not be increased over time except that it may be increased by an amount not to exceed one percent (1%) per year to the extent permitted in the rate and method of apportionment of the special tax set forth in Attachment "C," (ii) such Facilities Special Tax not shall be levied after fiscal year 2057-58, as described in Attachment "C" hereto, and (iii) under no circumstances will the Facilities Special Tax levied against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. The Facilities Special Tax is based on the expected demand that each parcel of real property within proposed Community Facilities District No. 2015-4 will place on the Facilities and on the benefit that each parcel derives from the right to access the Facilities. The City Council hereby determines that the proposed Facilities are necessary to meet the increased demand placed upon the City and the existing infrastructure in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the rate and method of apportionment of the special tax with respect to the Facilities Special Tax set forth in Attachment "C" to be reasonable. The Facilities Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the value or ownership of real property. In the event that a portion of the property within Community Facilities District No. 2015-4 shall become for any reason exempt, wholly or partially, from the levy of the Facilities Special Tax specified on Attachment "C," the City Council shall, on behalf of Community Facilities District No. 2015-4, cause the levy to be increased, subject to the limitation of the maximum Facilities Special Tax for a parcel as set forth in Attachment "C," to the extent necessary upon the remaining property within proposed Community Facilities District No. 2015-4 which is not exempt in order to yield the Facilities Special Tax revenues required for the purposes described in this Section 5. The obligation to pay the Facilities Special Tax may be prepaid only as set forth in Section G of Attachment "C" hereto. City Council Resolution No. 2016 - Page 4 Section 6. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act the Services Special Tax, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for the Services and the Services Incidental Expenses. The rate and method of apportionment and manner of collection of the Services Special Tax are described in detail in Attachment "C' attached hereto. Attachment "C" allows each landowner within the District to estimate the maximum amount of the Services Special Tax that may be levied against each parcel. The Services Special Tax may be increased by the greater of the increase in the consumer price index or two percent (2%) per year, to the extent permitted in the Rate and Method. The Services Special Tax may be levied for such period as the Services are needed, as further described in Attachment "C" hereto, provided that under no circumstances will such special tax be increased with respect to residential property as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent. The Services Special Tax is based on the expected demand that each parcel of real property within proposed Community Facilities District No. 2015-4 will place on the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the maintenance of landscaped areas officially dedicated for public use and water quality improvements in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the rate and method of apportionment of the special taxes set forth in Attachment "C" to be reasonable. The Services Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such Services Special Tax is not on or based upon the value or ownership of real property Section 7. A public hearing (the "Hearing") on the establishment of the proposed Community Facilities District No. 2015-4, the proposed rate and method of apportionment of the Facilities Special Tax and the Services Special Tax and the proposed issuance of bonds to finance the Facilities and the Facilities Incidental Expenses shall be held at 9:30 a.m., or as soon thereafter as practicable, on April 12, 2016, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Should the City Council determine to form the District, a special election will be held to authorize the issuance of the bonds and the levy of the special tax in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the proposed District. Ballots for the special election may be distributed by mail or by personal service. Section 8. At the time and place set forth above for the Hearing, the City Council will receive testimony as to whether the proposed Community Facilities District No. 2015-4 shall be established and as to the method of apportionment of the special tax and shall consider: (a) if an ad valorem property tax is currently being levied on property within proposed Community Facilities District No. 2015-4 for the exclusive purpose of paying principal of or interest on bonds, lease payments or other indebtedness incurred to finance construction of capital facilities; and City Council Resolution No. 2016 - Page 5 (b) if the capital facilities to be financed and constructed by Community Facilities District No. 2015-4 will provide the same services as were provided by the capital facilities mentioned in subsection (a); and (c) if the City Council makes the findings specified in subsections (a) and (b) above, it will consider appropriate action to determine whether the total annual amount of ad valorem property tax revenue due from parcels within Community Facilities District No. 2015-4, for purposes of paying principal and interest on the debt identified in subsection (a) above, shall not be increased after the date on which Community Facilities District No. 2015-4 is established, or after a later date determined by the City Council with the concurrence of the legislative body which levied the property tax in question. Section 8. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 2015-4, may appear and be heard. Section 9. Each City officer who is or will be responsible for providing the Facilities and the Services within proposed Community Facilities District No. 2015-4, if it is established, is hereby directed to study the proposed District and, at or before the time of the above-mentioned Hearing, file a report with the City Council containing a brief description of the public facilities and services by type which will in his or her opinion be required to meet adequately the needs of Community Facilities District No. 2015-4 and an estimate of the cost of providing those public facilities and services, including the cost of environmental evaluations of such facilities and an estimate of the fair and reasonable cost of any Incidental Expenses to be incurred. Section 10. The District may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2015-4. The District may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council, with or without interest. Section 11. The City Clerk is hereby directed to publish a notice (the "Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2015-4. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of the District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. Section 12. The reasonably expected maximum principal amount of the bonded indebtedness to be incurred by the District for the Facilities and Facilities Incidental Expenses is Twenty Million Dollars ($20,000,000). Section 13. The form of the Reimbursement Agreement is hereby approved. The Mayor, the City Manager, the Director of Administrative Services, or their written designees are hereby authorized and directed to execute and deliver the Reimbursement Agreement in the City Council Resolution No. 2016 - Page 6 form on file with the City Clerk with such changes, insertions and omissions as may be approved by the officer or officers executing such agreement, said execution being conclusive evidence of such approval. Section 14. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial payment). Section 15. This Resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8'h day of March, 2016. Brian Tisdale Mayor ATTEST: Susan M. Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney ATTACHMENT A BOUNDARY MAP N�®) o ! r- % E �/ E§ ( 2 G:\: N�®) o ! r- % E �/ E§ ( A-] ATTACHMENT B Types of Facilities to Be Financed by Community Facilities District No. 2015-4 of the City of Lake Elsinore The proposed types of public facilities and expenses to be financed by the District include: The construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, roadway and other public facilities of the City, including the foregoing public facilities which are included in the City's fee programs with respect to such facilities and authorized to be financed under the Mello -Roos Community Facilities Act of 1982, as amended (the "City Facilities") and (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District's water and sewer capacity and connection fee programs (the "Water District Facilities" and together, with the City Facilities, the "Facilities"), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including: a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and C. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities. Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District. B-1 Types of Services to Be Financed by Community Facilities District No. 2015-4 of the City of Lake Elsinore The services which may be funded with proceeds of Special Tax B of CFD No. 2015-4, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015-4; as well as local roads within residential subdivisions located within CFD No. 2015-4; and any portions adjacent to the properties within CFD No. 2015-4, and In addition to payment of the cost and expense of the forgoing services, proceeds of Special Tax B may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for CFD No. 2015-4. B-2 Types of Services to Be Financed by Community Facilities District No. 2015-4 of the City of Lake Elsinore The services which may be funded with proceeds of Special Tax C (Contingent) of CFD No. 2015-4, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing water quality improvements (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. The authorized Special Tax C Services include the maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance of natural, upgraded open space/hillsides including the fuel modification areas; maintenance and repair of irrigation facilities; maintenance and operation of water quality improvements, which include the bio -retention facility and appurtenances, which shall be maintained as described in the adopted Terracina Specific Plan on file with the City of Lake Elsinore and as an exhibit in the Public Hearing Report. Maintenance services may include, but are not limited to the repair, removal or replacement of all or part of any of the water quality improvements. In addition to payment of the cost and expense of the forgoing services, proceeds of Special Tax C (Contingent) may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for CFD No. 2015-4. t3-3 ATTACHMENT C RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA) RESOLUTION NO. 2016 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENT TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $20,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA) WHEREAS, the City Council of the City of Lake Elsinore (the "City Council") upon receipt of a petition as provided in Section 53318 of the Government Code of the State of California instituted proceedings to form Community Facilities District No. 2015-4 of the City of Lake Elsinore (Terracina) ("Community Facilities District No. 2015-4" or the "District') pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act'), as amended, pursuant to Resolution No. 2016- adopted by the City Council on the date hereof to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of public facilities identified in Attachment "A" hereto and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the "Facilities"), and (2) the incidental expenses to be incurred in financing the Facilities and forming and administering the District (the "Incidental Expenses"); and WHEREAS, the City Council estimates that the amount required to finance the Facilities and Incidental Expenses is approximately $20,000,000; and WHEREAS, in order to finance the Facilities and Incidental Expenses, the City Council intends to authorize the issuance of bonds in the maximum aggregate principal amount of $20,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the proposed Community Facilities District No. 2015-4, other than those properties exempted from taxation in the rate and method of apportionment set forth in Attachment "C" to Resolution No. 2016-_; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. It is necessary to incur bonded indebtedness within the boundaries of proposed Community Facilities District No. 2015-4 in an amount not to exceed $20,000,000 to finance the costs of the Facilities and Incidental Expenses, as permitted by the Act. Section 3. The indebtedness will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act. Section 4. It is the intent of the City Council to authorize the sale of bonds in one or more series, in the maximum aggregate principal amount of $20,000,000 and at a maximum interest rate not in excess of 12 percent per annum, or a higher rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds of City Council Resolution No. 2016-_ Page 2 each series shall be determined pursuant to a resolution of this City Council acting in its capacity as the legislative body of the District authorizing the issuance of the bonds of such series, but such term shall in no event exceed 35 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law. Section 5. A public hearing (the "Hearing") on the proposed issuance of bonded indebtedness shall be held at 7:00 p.m. or as soon thereafter as practicable, on April 12, 2016, at the City Cultural Center, 183 North Main Street, Lake Elsinore, California. Section 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed Community Facilities District No. 2015-4, may appear and be heard. Section 7. The Clerk of the Board is hereby directed to publish a notice (the "Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Community Facilities District No. 2015-4. Such publication shall be completed at least seven days prior to the date of the Hearing. The Clerk of the Board is further directed to mail a copy of the Notice to each of the landowners within the boundaries of proposed Community Facilities District No. 2015-4 at least 15 days prior to the Hearing. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8th day of March, 2016. Brian Tisdale Mayor ATTEST: Susan M. Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney ATTACHMENT A Types of Facilities To Be Financed By Community Facilities District No. 2015-4 The proposed types of public facilities and expenses to be financed by the District include: The construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, roadway and other public facilities of the City, including the foregoing public facilities which are included in the City's fee programs with respect to such facilities and authorized to be financed under the Mello -Roos Community Facilities Act of 1982, as amended (the "City Facilities") and (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District's water and sewer capacity and connection fee programs (the "Water District Facilities" and together, with the City Facilities, the "Facilities"), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including: a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and C. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities. Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District. PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING INSTITUTION OF PROCEEDINGS FOR ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT (COMMUNITY FACILITIES DISTRICT NO. 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA)) 1. The undersigned (the "Owner") is the owner of more than 10% of the land depicted in Exhibit A hereto and described in Exhibit B hereto (the "Property"), which land is expected to be all of the land included within the boundaries of a community facilities district hereby proposed to be established. The Property is located within the City of Lake Elsinore (the "City") in the County of Riverside. 2. The Owner requests that the City Council of the City (the "City Council") institute proceedings to establish a community facilities district to be known as "Community Facilities District No. 2015-4 of the City of Lake Elsinore (Terracina)" (referred to herein as the "District") pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the Government Code of the State of California, commonly known as the "Mello -Roos Community Facilities Act of 1982" (the "Act") to include all of the Property. 3. The boundaries of the territory which is proposed for inclusion in the District are those depicted in Exhibit A hereto and described in Exhibit B hereto. 4. The Owner requests that the proposed District be used to finance the construction, purchase, modification, expansion and/or improvement of (i) drainage, library, park, roadway and other public facilities of the City, including the foregoing public facilities which are included in the City's fee programs with respect to such facilities and authorized to be financed under the Mello -Roos Community Facilities Act of 1982, as amended (the "City Facilities") and (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District's water and sewer capacity and connection fee programs (the "Water District Facilities" and together, with the City Facilities, the "Facilities"), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including: a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and C. Any other expenses incidental to the construction, acquisition, modification, reliabilitation, completion and inspection of the Facilities. 5. The Owner requests that the proposed District be used to finance the maintaining, servicing, cleaning, repairing and/or replacing landscaped areas in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use and water quality improvements (the "Services"), and (4) the incidental expenses to be incurred in connection with forming and administering the District and financing the Services. 6. The Owner further requests that the City Council authorize the levy of special taxes in the District to pay the costs of the Facilities and the Services and the incidental costs described in paragraph 4 and 5 above and to pay principal of, interest and premium, if any, on the bonds in order to contribute to the financing of the Facilities and costs described in paragraph 4 above. 7. The Owner further requests that, upon the sale of bonds, the City Council, as legislative body of the District, annually levy special taxes for the Facilities on the property within the District for the construction, acquisition and rehabilitation of the Facilities, for the payment of the aggregate amount of principal of and interest owing on the bonds in each fiscal year, including the maintenance of reserves therefor, and for the payment of administrative expenses of the District. 8. The Owner has advanced to the City the amounts necessary to pay for the costs related to the formation of the District, which amounts will be reimbursed, without interest, from the proceeds of the first sale of the bonds, if any. The reimbursement of such amounts is expected to be governed by the terms of that certain Reimbursement Agreement to be entered into by and between the City and the Owner relating to the District. If bonds are not sold, the City will have no obligation to reimburse amounts expended for costs incurred, but will reimburse any unexpended amounts advanced by the Owner as set forth in the Reimbursement Agreement. Dated: March 2016 TERRACINA INVESTORS, LLC, a California limited liability company By: Name: Title: BOUNDARY MAP A-1 EXHIBIT B LEGAL DESCRIPTION Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: PARCEL 1: (APN 378-040-004) THE SOUTHWESTERLY 768.00 FEET OF THE NORTHWESTERLY 1536.00 FEET OF THAT PORTION OF LOW ROLLING HILLS, RANCHO LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 377, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN AND THE NORTH WESTERLY BOUNDARY OF SAID RANCHO LAGUNA: THENCE NORTH 43 DEGREES 24' EAST, 1544.94 FEET; THENCE SOUTI 146 DEGREES 36' EAST 961.27; THENCE SOUTH 43 DEGREES 24' WEST, 1666.56 FEET; THENCE NORTH 46 DEGREES 24' WEST, 400 FEET; THENCE SOUTH 43 DEGREES 24' WEST, 1089.00 FEET; THENCE NORTH 46 DEGREES 36' WEST, 561.27 FEET; THENCE NORTH 43 DEGREES 24' EAST. 1210.62 FEET TO THE POINT OF BEGINNING. PARCEL 2: (APN 378-040-012) PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO. 2007-02, AS EVIDENCED BY DOCUMENT RECORDED FEBRUARY 1, 2008 AS INSTRUMENT NO. 2008-0051697 01, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF "LOW ROLLING HILLS" IN RANCHO LA LAGUNA, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE 377 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASF, AND MERIDIAN, WITH THE NORTH WESTERLY LINE OF THE SAID RANCHO LA LAGUNA; THENCE NORTH 43°24'00" EAST, 1,544.94 FEET ON SAID NORTHWESTERLY LINE; THENCE SOUTH 46°36'00" EAST 961.27 FEET; THENCE SOUTH 43°24'00" WEST 1,666.56 FEET TO THE TRUE POINT BEGINNING; THENCE NORTI1 46°36'00" WEST, 400.00 FEET; THENCE SOUTH 43°24'00" WEST, 1,089.00 FEET TO THE NORTHEAST LINE OF COUNTRY CLUB HEIGHTS UNIT "G" AS SHOWN BY MAP ON FILE 1N BOOK 18 PAGE(S) 15 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 46°36'00" EAST 400.00 FEET ON SAID NORTHEAST LINE TO THE MOST EASTERLY CORNER OF SAID UNIT "G"; THENCE NORTH 43°24'00" EAST, 1,089.00 FEET TO THE TRUE POINT BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, WITH THE NORTHWESTERLY LINE OF THE SAID RANCHO LA LAGUNA; THENCE NORTH 43024'00" EAST, 1,544.94 FEET ON SAID NORTHWESTERLY LINE; THENCF, SOUTH 46036'00" EAST 961.27 FEET; THENCE SOUTH 43°24'00" WEST ALONG THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 50 OF COUNTRY CLUB HEIGI ITS UNIT "B" AS SHOWN BY MAP FILED IN BOOK 17, PAGES 25 AND 26 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, 1,862.53 FEET TO THE TRUE POINT BEGINNING; THENCE CONTINUING SOUTH IKI 43024'00" WEST ALONG SAID NORTH WEST LINE OF LOT 50, 180.07 FEET, TFIENCE NORTH 46036'00" WEST 22.00 FEET TO A LINE THAT IS 22.00 FEET NORTHWESTERLY OF AND PARALLEL, TO SAID NORTHWESTERLY LINE OF LOT 50; THENCE NORTH 43°24'00" EAST ALONG SAID PARALLEL LINE 178.72 FEET; THENCE SOUTH 50°05'52" EAST 22.04 FEET TO THE TRUE POINT BEGINNING. PARCEL 3: (APN 389-180-002) ALL OF BLOCK 14 OF HOFF'S ADDITION TO TERRA COTTA CITY. AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 568, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. PARCEL 4: (APN 389-180-001) ALL, OF BLOCK 13 OF HOFF'S ADDITION TO TERRA COTTA CITY, AS SHOWN BY MAP ON FILE 1N BOOK 12, PAGE 568, RECORDS OF SAN DIEGO COUNTY. CALIFORNIA. PARCEL 5: (APN 378-040-006) THAT PORTION OF LOW ROLLING HILLS IN RANCHO LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 377, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF TI IE SOUTHERLY LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN AND THE NORTHWESTERLY BOUNDARY OF RANCHO LAGUNA; THENCE NORTH 43 DEGREES 24' EAST, 1544.94 FEET; THENCE SOUTH 46 DEGREES 36' EAST 961.27; THENCE SOUTH 43 DEGREES 24' WEST, 1666.56 FEET; THENCE NORTH 46 DEGREES 24' WEST, 400 FEET; THENCE SOUTH 43 DEGREES 24' WEST, 1089.00 FEET; THENCE NORTH 46 DEGREES 36' WEST, 561.27 FEET; THENCE NORTH 43 DEGREES 24' EAST, 1210.62 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHEASTERLY 1536.00 FEET. ALSO EXCEPTING THEREFROM THE MOST SOUTHERLY 500 FEET. PARCEL 6: (APN 378-040-007) THE MOST SOUTHWESTERLY 500 FEET OF THAT PORTION OF LOW ROLLING HILLS IN RANCHO LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 377, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN AND THE NORTHWESTERLY BOUNDARY OF RANCHO LAGUNA; THENCE NORTH 43 DEGREES 24' EAST, 1544.94 FEET; THENCE SOUTH 46 DEGREES 36' EAST 961.27; THENCE SOUTH 43 DEGREES 24' WEST, 1666.56 FEET; THENCE NORTH 46 DEGREES 24' WEST, 400 FEET; THENCE SOUTH 43 DEGREES 24' WEST, 1089.00 FEET; THENCE NORTH 46 DEGREES 36' WEST, 561.27 FEET; 'T'I IENCE NORTH 43 DEGREES 24' EAST, 1210.62 FEET TO THE POINT OF BEGINNING. PARCEL 7: (APN 378-040-005) THE NORTHEASTERLY 768 FEET OF THAT PORTION OF LOW ROLLING HILLS IN RANCHO LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 377, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT TI IE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASF_' AND MERIDIAN AND THE NORTHWESTERLY BOUNDARY OF RANCHO LAGUNA; "THENCE NORTH 43 DEGREES 24' EAST, 1544.94 FEET; THENCE SOUTH 46 DEGREES 36' FAST 961.27; THENCE SOUTH 43 DEGREES 24' WEST, 1666.56 FEET; l'I-IENCE NORTH 46 DEGREES 24' WEST, 400 FEET; 'THENCE SOUTH 43 DEGREES 24' WEST, 1089.00 FEET; THENCE NOR I'll 46 DEGREES 36' WEST, 561.27 FEF_"F: THENCE NORTH 43 DEGREES 24' EAST, 1210.62 FEET TO THE POINT OF BEGINNING. MIR PARCEL 8: (APN 389-190-002) GOVERNMENT LOT I AND ALI, OF THOSE PORTIONS OF GOVERNMENT LOT 2, AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, AND THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, BOTH IN TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR'T'HWEST CORNER OF SAID SECTION 35; THENCE SOUTH 89 DEGREES 23' EAST, ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 172.06 FEET TO A POINT THEREON FOR THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO HAROLD LEADER, AS PARCEL l BY DEED RECORDED FEBRUARY 7, 1964 AS INSTRUMENTNO. 16051; THENCE SOUTH 00 DEGREES IS' WEST, A DISTANCE OF 878.23 FEET; THENCE SOUTH 39 DEGREES 59' WEST, A DISTANCE OF 65.63 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE SOUTHEAST HAVING A RADIUS OF 1,020.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 09 DEGREES 45' AN ARC DISTANCE OF 173.57 FEET TO THE END THEREOF; THENCE SOUTH 30 DEGREES 14' WEST, A DISTANCE OF 194.55 FEET TO THE BEGINNING OF A 'TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 450.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 13 DEGREES 37' AN ARC DISTANCE OF 106.95 FEET TO THE SOUTHEAST CORNER OF THE PARCEL CONVEYED TO LEADER, AS AFORESAID, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS SOUTH 73 DEGREES 23' EAST. THE LAST FIVE COURSES AND DISTANCES FOLLOW ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL CONVEYED TO LEADER AS AFORESAID; THENCE NORTH 88 DEGREES 42' 04" EAST, ALONG THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE PARCEL CONVEYED TO LEADER AS AFORESAID, A DISTANCE OF 108.50 FEET TO A POINT IN THE EAST LINE OF ILLINOIS STREET TO THE TOWN OF LUCERNE, AS SHOWN BY MAP ON FILE 1N BOOK I1 PAGE 499 OF MAPS, SAN DIEGO COUNTY RECORDS; THENCE SOUTH 01 DEGREES 02' 34" EAST, ALONG SAID EAST LINE A DISTANCE OF 655.02 FEET TO A POINT ON THE NORTH LINE OF ROBB ROAD (50.00 FEET WIDE), DECLARED A PUBLIC ROAD BY ORDER OF ]'HE RIVERSIDE COUNTY BOARD OF SUPERVISORS, A COPY OF WHICH IS IN MINUTE BOOK 26 PAGE 5 OF SAID BOARD OF SUPERVISORS, AND AS SHOWN BY MAP 9-P, ON FILE 1N THE RIVERSIDE COUNTY ROAD DEPARTMENT, SAID POINT BEING ON A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 590.00 FEET, FROM WHICH THE CENTER LINE OF SAID CURVE BEARS SOUTH 16 DEGREES 31' 31" WEST; THENCE SOUTHEASTERLY ALONG SAID NORTH LINE AND ALONG SAID CURVE, TO TIIE RIGHT, THROUGH A CENTRAL ANGLE OF 05 DEGREES 47' 59" AN ARC DISTANCE OF 60.53 FEET TO THE END THEREOF; THENCE SOUTH 67 DEGREES 40' 30" EAST, ALONG SAID NORTH LINE OF ROBB ROAD, A DISTANCE OF 787.85 FEET TO A POINT ON THE, SOUTHEASTERLY LINE OF GOVERNMENT LOT 2: THENCE NORTH 28 DEGREES 28' EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 690.43 FEET TO AN ANGLE POINT IN SAID SOUTHEASTERLY LINE; THENCE NORTH 43 DEGREES 20' EAST, ALONG SAID SOUTHEASTERLY LINE AND ALONG THE SOUTHEASTERLY LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 2,289.60 FEET TO THE MOST EASTERLY CORNER OF SAID GOVERNMENT LOT I. THENCE NORTH 89 DEGREES 23' WEST, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1 AND ALONG TILE NORT]I LINE OF SAID SECTION 35, A DISTANCE OF 2,525 FEET TO TI IE TRUE POINT OF BEGINNING. B-3 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2015-4 (TERRACINA) OF THE CITY OF LAKE ELSINORE A Special Tax (all capitalized terms are defined in Section A, "Definitions", below) shall be applicable to each Assessor's Parcel of Taxable Property located within the boundaries of the City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) ("CFD No. 2015-4"). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor's Parcel, shall be determined by the City Council of the City of Lake Elsinore, acting in its capacity as the legislative body of the CFD No. 2015-4 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, Public Property and/or Property Owner's Association Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Communities Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2015-4: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes A to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2015-4 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2015-4 or any designee thereof of complying with disclosure requirements of the City, CFD No. 2015-4 or obligated persons associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015-4 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City's annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2015-4 for any other administrative purposes of CFD No. 2015-4, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January I" preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before March 1'` preceding the Fiscal Year in which the Special Tax is being levied. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 1 "Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification. "Assigned Special Tax A" means the Special Tax of that name described in Section D below. "Backup Special Tax A" means the Special Tax of that name described in Section D below. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax A within CFD No. 2015-4 have been pledged. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" may or may not include any subsequent building permitsdocument(s) authorizing new construction on an Assessor's Parcel that are issued or changed by the City after the firstoriginal issuance, as determined by the CFD Administrator as necessary to fairly allocate Special Tax A to the Assessor's Parcel, provided that following such determination the Maximum Special Tax A that may be levied on all Assessor's Parcels of Taxable Property will be at least 1.1 times maximum annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor's Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for (i) determining the Special Tax A Requirement, (ii) determining the Special Tax B Requirement, (iii) determiningthe Special Tax C (Contingent) Requirement, and (iv) providing for the levy and collection of the Special Taxes. "CFD" or "CFD No. 2015-4" means Community Facilities District No. 2015-4 (Terracina) established by the City under the Act. "City" means the City of Lake Elsinore. "City Council" means the City Council of the City of Lake Elsinore, acting as the Legislative Body of CFD No. 2015-4, or its designee. "Condominium Plan" means a condominium plan as set forth in the California Civil Code, Section 1352. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1s` preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before March V preceding the Fiscal Year in which the Special Tax is being levied. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 2 "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section F. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 1352 that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1" of any year and ending the following June 30th. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Category" means any of the categories listed in Table 1 of Section D and Table 2 of Section M. "Maximum Special Tax A" means the maximum Special Tax A, determined in accordance with Section D below, that can be levied by CFD No. 2015-4 in any Fiscal Year on any Assessor's Parcel. "Maximum Special Tax B" means the Maximum Special Tax B, as determined in accordance with Section M below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Propertywithin CFD No. 2015- 4. "Maximum Special Tax C (Contingent)" means the Maximum Special Tax C (Contingent), as determined in accordance with Section S below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015-4. "Multifamily Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the Administrator. "Non -Residential Property" or "NR" means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor's Parcel is Non -Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax A obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax A obligation in full for an Assessor's Parcel, as described in Section G. "Property Owner's Association Property" or "POA" means all Assessor's Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub -association. "Proportionately" means for Taxable Property for Special Tax A that is (i) Developed Property, that the ratio of the actual Special Tax A levy to the Assigned Special Tax A is the same for all Assessor's Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is the same for all Assessor's Parcels of Approved Property, and (iii) Undeveloped Property, Public Property and Property Owner's Association Property, that the ratio of the actual Special Tax A levy per Acre to the Maximum Special Tax A per Acre is the same for all Assessor's Parcels of Undeveloped Property, Public Property and Property Owner's Association Property. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 3 For Special Tax B that is (i) Developed Property, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is the same for all Assessor's Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is the same for all Assessor's Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax B levy per Acre to the Maximum Special Tax B per Acre is the same for all Assessor's Parcels of Undeveloped Property. For Special Tax C (Contingent) that is (i) Developed Property, that the ratio of the actual Special Tax C (Contingent) levy to the Maximum Special Tax C (Contingent) is the same for all Assessor's Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax C (Contingent) levy to the Maximum Special Tax C (Contingent) is the same for all Assessor's Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax C (Contingent) levy per Acre to the Maximum Special Tax C (Contingent) per Acre is the same for all Assessor's Parcels of Undeveloped Property. "Public Property" means all Assessor's Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased bya publicagencyto a private entityand subjectto taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more Residential Units. "Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. "Service(s)" means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015-4 as set forth in the documents adopted by the City Council at the time the CFD was formed. "Single Family Residential Property" means all Assessor's Parcels of Residential Property other than Multifamily Property on an Assessor's Parcel. "Special Tax(es)" means any of the special taxes authorized to be levied within CFD No. 2015-4 pursuant to the Act. "Special Tax A" means any of the special taxes authorized to be levied within CFD No. 2015-4 pursuantto the Act to fund the Special Tax A Requirement. "Special Tax A Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v)an amount equal to any anticipated shortfall due to Special Tax A delinquencies, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2015-4 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax B Requirement. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 4 "Special Tax B Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2015-4 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for Special Tax B Services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Special Tax B Services as determined by the CFD Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax B Requirement include funds for Bonds. "Special Tax B Services" means the maintenance and operation of the improvements described in Exhibit "A" attached hereto beginning with the date of City acceptance of each improvement for maintenance purposes. "Special Tax C (Contingent)" means the Special Tax C (Contingent) to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax C (Contingent) Requirement, if required. "Special Tax C (Contingent) Requirement" means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Special Tax C (Contingent) Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Special Tax C (Contingent) Services as determined by the CFD Administrator; less a credit for funds available to reduce the annual Special Tax C (Contingent) levy as determined by the CFD Administrator. Special Tax C (Contingent) Services" means the City's maintenance and operation of the improvements described in Exhibit "B" attached hereto following the FDA's default of its obligation to maintain such improvements, which default shall be deemed to have occurred in each of the circumstances described in Section Q. "Taxable Property" means all Assessor's Parcels within CFD No. 2015-4, which are not Exempt Property. "Taxable Unit" means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by particular tract number on a Final Map approved for the subdivision. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property, Public Property or Property Owner's Association Property. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 5 B. SPECIAL TAX A Commencing Fiscal Year 2016-2017 and for each subsequent Fiscal Year, the City Council shall levy Special Tax A on all Taxable Property, up to the applicable Maximum Special Tax A to fund the Special Tax A Requirement. C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX A Each Fiscal Year, beginning with Fiscal Year 2016-2017, each Assessor's Parcel within CFD No. 2015-4 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Public Property and/or Property Owner's Association Property. Assessor's Parcels of Developed Property shall further be classified as Residential Property or Non - Residential Property. Each Assessor's Parcel of Residential Property shall further be classified as a Single Family Residential Property, or Multifamily Property. Each Assessor's Parcel of Single Family Residential Property shall be further categorized into Land Use Categories based on its Building Square Footage and assigned to its appropriate Assigned Special Tax A rate. D. MAXIMUM SPECIAL TAX A 1. Developed Property The Maximum Special Tax A for each Assessor's Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax A or (ii) the Backup Special Tax A. The Maximum Special Tax A for each Assessor's Parcel of Non -Residential Property or Multifamily Residential Property shall be the applicable Assigned Special Tax A described in Table 1 of Section D. a. Assigned Special Tax A Each Fiscal Year, each Assessor's Parcel of Single Family Residential Property, Multifamily Property, or Non -Residential Property shall be subject to an Assigned Special Tax A. The Assigned Special Tax A applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2016-2017 shall be determined pursuant to Table 1 below. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 6 TABLE 1 ASSIGNED SPECIAL TAX A FOR DEVELOPED PROPERTY On each July 1, commencingluly 1, 2017, the Assigned Special Tax A rate for Developed Propertyshall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property maycontain more than one Land Use Type. The Maximum Special Tax A levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A for all Land Use Categories located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. c. Backup Special Tax A The Backup Special Tax A for an Assessor's Parcel within a Final Map classified orto be classified as Single Family Property shall be $2,442 per unit. This Backup Special Tax A has been established based on the land use configurations shown on the Final Map. In the event any portion of the Final Map is changed or modified, the Backup Special Tax A for all Assessor's Parcels within such changed or modified area shall be $14,856 per Acre. In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax A for all Assessor's Parcels within such Final Map shall be $14,856 per Acre. The Backup Special Tax Ashall not apply to Multifamily Residential Property, Non -Residential Property, Public Property, or Property Owners' Association Property. On each July 1, commencing July 1, 2017, the Backup Special Tax A rate shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. 2. Approved Property The Maximum Special Tax A for each Assessor's Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax A computed pursuant to Section DA.c above. The Maximum Special Tax A for each Assessor's Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non -Residential Property shall be $14,856 per Acre. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 7 Land Use Category Taxable Unit Building Square Footage Assigned Special Tax Per Taxable Unit 1. Single Family Residential Property RU Less than 1,750 sq. ft $1,690 2. Single Family Residential Property RU 1,751 sq. ft to 1,950 sq. ft $1,793 3. Single Family Residential Property RU 1,951 sq. ft to 2,250 sq. ft $1,895 4. Single Family Residential Property RU 2,251 sq. ft to 2,550 sq. ft $2,120 5. Single Family Residential Property RU 2,551 sq. ft to 2,850 sq. ft $2,405 6. Single Family Residential Property RU 2,851 sq. ft to 3,350 sq. ft $2,608 7. Single Family Residential Property RU 3,351 sq. ft to 3,750 sq. ft $2,810 8. Single Family Residential Property RU Greater than 3,751 $3,158 9. Multifamily Property Acres N/A $14,856 10. Non -Residential Property Acres N/A $14,856 On each July 1, commencingluly 1, 2017, the Assigned Special Tax A rate for Developed Propertyshall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. b. Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property maycontain more than one Land Use Type. The Maximum Special Tax A levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A for all Land Use Categories located on the Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. c. Backup Special Tax A The Backup Special Tax A for an Assessor's Parcel within a Final Map classified orto be classified as Single Family Property shall be $2,442 per unit. This Backup Special Tax A has been established based on the land use configurations shown on the Final Map. In the event any portion of the Final Map is changed or modified, the Backup Special Tax A for all Assessor's Parcels within such changed or modified area shall be $14,856 per Acre. In the event any superseding Final Map is recorded as a Final Map within the Boundaries of the CFD, the Backup Special Tax A for all Assessor's Parcels within such Final Map shall be $14,856 per Acre. The Backup Special Tax Ashall not apply to Multifamily Residential Property, Non -Residential Property, Public Property, or Property Owners' Association Property. On each July 1, commencing July 1, 2017, the Backup Special Tax A rate shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. 2. Approved Property The Maximum Special Tax A for each Assessor's Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax A computed pursuant to Section DA.c above. The Maximum Special Tax A for each Assessor's Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non -Residential Property shall be $14,856 per Acre. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 7 On each July 1, commencing July 1, 2017, the Maximum Special Tax A rate for Approved Property shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. 3. Undeveloped Propertv Public Property, and Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section F The Maximum Special Tax A for each Assessor's Parcel of Undeveloped Property, Public Property and/or Property Owners Association Property that is not Exempt Property shall be equal to the product of $14,856 multiplied by the Acreage of such Assessor's Parcel. On each July 1, commencing July 1, 2017, the Maximum Special Tax A rate for Undeveloped, Public Property, and Property Owners Association Property shall be increased by one percent (1.00%) of the amount in effect in the prior Fiscal Year. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX A Commencing Fiscal Year 2016-2017 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes A on all Taxable Property in accordance with the following steps: Step One: The Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax A rates in Table 1 to satisfy the Special Tax A Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the firststep has been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then the Special Tax A on each Assessor's Parcel of Developed Property whose Maximum Special Tax A is the Backup Special Tax A shall be increased Proportionately from the Assigned Special Tax A up to 100%of the Backup Special Tax A as needed to satisfy the Special Tax A Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Public Property or Property Owner's Association Property upto 100%of the Maximum Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor's Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax A applicable to any other Assessor's Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 8 F. EXEMPTIONS The City shall classify as Exempt Property, in the following order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered fordedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 74.29 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 74.29 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 74.29 Acres will be classified as Undeveloped Property, and will be subject to Special Tax A pursuant to Step Five in Section E, G. PREPAYMENT OF SPECIAL TAX A The following additional definitions apply to this Section G: "CFD Public Facilities" means $21,225,000 expressed in 2016 dollars, which shall increase by the Construction Inflation Index on July 1, 2017, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2015-4, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax A levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2015-4. "Construction Inflation Index" means the annual percentage change in the Engineering News -Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News -Record Building Cost Index for the city of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Tax A which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax A. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 9 1. Prepayment in Full The Maximum Special Tax A obligation may be prepaid and permanently satisfied for (i) Assessor's Parcels of Developed Property, (ii) Assessor's Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor's Parcels of Public Property or Property Owner's Association Propertythat are not Exempt Property pursuant to Section F. The Maximum Special Tax A obligation applicable to an Assessor's Parcel may be fully prepaid and the obligation to pay the Special Tax A for such Assessor's Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Special Tax A obligation for such Assessor's Parcel shall provide the CFD Administrator with written notice of intentto prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor's Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor's Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below): The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel 2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax A for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owner's Association Property to be prepaid, compute the Maximum Special Tax A for the Assessor's Parcel. 3. Divide the Maximum Special Tax A derived pursuant to paragraph 2 bythe total amountof Special Taxes that could be levied at the Maximum Special Tax A at build out of all Assessor's Parcels of Taxable Property based on the applicable Maximum Special Tax A for Assessor's Parcels of Developed Property not including any Assessor's Parcels for which the Special Tax A obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 bythe principal amountof the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the "Bond Redemption Amount"). City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 10 Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel 2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax A for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, Public Property or Property Owner's Association Property to be prepaid, compute the Maximum Special Tax A for the Assessor's Parcel. 3. Divide the Maximum Special Tax A derived pursuant to paragraph 2 bythe total amountof Special Taxes that could be levied at the Maximum Special Tax A at build out of all Assessor's Parcels of Taxable Property based on the applicable Maximum Special Tax A for Assessor's Parcels of Developed Property not including any Assessor's Parcels for which the Special Tax A obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 bythe principal amountof the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the "Bond Redemption Amount"). City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 10 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the "Future Facilities Amount"). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax A prepayments. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derivefrom the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the "Defeasance Amount"). 12. Verify the administrative fees and expenses of the CFD, including the cost of computation of the Prepayment Amount, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax A obligation fortheAssessor's Parcel and the redemption of Outstanding Bonds (the "Administrative Fees and Expenses"). 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax A prepayments of Outstanding Bonds or to make debt service payments. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 11 As a result of the payment of the current Fiscal Year's Special Tax A levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for the Assessor's Parcel from the County tax roll. With respect to any Assessor's Parcel for which the Maximum Special Tax A obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax A obligation and the release of the Special Tax A lien for the Assessor's Parcel, and the obligation to pay the Special Tax A for such Assessor's Parcel shall cease. Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on all Assessor's Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax A obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council. 2. Prepayment in Part The Maximum Special Tax A obligation for an Assessor's Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula: PP = ((PE —A) x F) +A These terms have the following meaning: PP = Partial Prepayment PF = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Special Tax A obligation A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor's Parcel who desires to partially prepay the Maximum Special Tax A obligation for the Assessor's Parcel shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Special Tax A obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment for the Assessor's Parcel. A Partial Prepayment must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment. With respect to any Assessor's Parcel for which the Maximum Special Tax A obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 1S of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor's Parcel and that a portion of the Special Tax A obligation equal to the remaining percentage (1.00 - F) of Special Tax A obligation will continue on the Assessor's Parcel pursuant to Section E. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracing) Page 12 I. TERMINATION OF SPECIAL TAX A For each Fiscal Year that any Bonds are outstanding the Special Tax A shall be levied on all Assessor's Parcels subject to the Special Tax A. The Special Tax Ash a I I cease not later than the 2057-58 Fiscal Year, however, Special Tax A will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2015-4 Bonds have been paid; (ii) all authorized facilities of CFD No. 2015-4 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax A remain uncollected and (iv) all other obligations of CFD No. 2015-4 have been satisfied. J. MANNER OF COLLECTION The Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015-4 may collect Special Tax A ata different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. K. SPECIALTAXB Commencing Fiscal Year 2016-2017 and for each subsequent Fiscal Year, the City Council shall levy Special Tax B on all Taxable Property, up to the applicable Maximum Special Tax B to fund the Special Tax B Requirement. L. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX B For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2015-4 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subjecttothe IevyofSpecial Taxes as determined pursuant to Sections M and N below. Assessor's Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non -Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi -Family Property. For Single Family Residential Property the number of Residential Units shall be determined by the CFD Administrator. M. MAXIMUM SPECIAL TAX B For purposes of determining the applicable Maximum Special Tax B for Assessor's Parcels of Developed Property which are classified as Single Family Residential Property, all such Assessor's Parcels shall be assigned the number of Residential Unit(s) constructed thereon as specified in or shown on the Building Permit(s) issued or Final Map as determined by the CFD Administrator. Once a single family attached building or buildings have been built on an Assessor's Parcel, the CFD Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax B levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax B per Residential Unit identified for the tract. For purposes of determining the applicable Maximum Special Tax B for Assessor's Parcels of Developed Property and Approved Property which are classified as Multifamily Property or Non -Residential Property, all such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the CFD Administrator. Once the CFD Administrator determines the actual number of Acres for the Assessor's Parcels, the Special Tax B levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Acres by the Maximum Special Tax per Taxable Unit. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 13 1. Developed Property a. Maximum Special Tax B The Maximum Special Tax B for each Assessor's Parcel of Taxable Property for Fiscal Year 2016-2017 is identified in Table 2 below: TABLE 2 MAXIMUM SPECIAL TAX B FOR DEVELOPED PROPERTY Land Use Category Taxable Unit Maximum Special Tax Per Taxable Unit 1. Single Family Residential Property RU $322 2. Multifamily Property Acre $2,177 3. Non -Residential Property Acre $2,177 On each July 1, commencing on July 1, 2017 the Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles- Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. b. Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amountof Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Approved Property and Undeveloped Property The Maximum Special Tax B for each Assessor's Parcel of Approved Property and Undeveloped Property for Fiscal Year 2016-2017 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX B RATES Maximum Special Tax B Per Acre $ 2,177 On each July 1, commencing on July 1, 2017 the Maximum Special Tax B for Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. N. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX Commencing with Fiscal Year 2016-2017 and for each following Fiscal Year, the Council shall determine the Special Tax B Requirement and shall levythe Special Tax B on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax B equals the Special Tax B Requirement. The Special Tax B shall be levied for each Fiscal Year as follows: City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 14 Step One: The Special Tax B shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax B Requirement; Step Two: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax B for Approved Property; Step Three: If additional monies are needed to satisfy the Special Tax B Requirement after the first two steps has been completed, the Special Tax B shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B for Undeveloped Property. O. DURATION OF SPECIAL TAX B The Special Tax B shall be levied in perpetuity to fund the Special Tax B Requirement, unless no longer required as determined at the sole discretion of the City Council. P. MANNER OF COLLECTION The Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015-4 may collect the Special Tax Bata different time or in a different manner if necessary to meet its funding requirements. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 15 Q. SPECIAL TAX C (CONTINGENT) The City Council shall levy Special Tax C (Contingent) commencing in the first Fiscal Year following the POA's default of its obligation to maintain the improvements described in Exhibit "B" attached hereto, which default shall be deemed to have occurred in each of the following circumstances: (i) the POA files for bankruptcy; (ii) the POA is dissolved; (iii) the POA ceases to levy annual assessments for the maintenance of the improvements described above; or (iv) the POA fails to maintain such improvements at the same level as the City maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy such maintenance deficiency to the reasonable satisfaction of the City Council. R. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX C (CONTINGENT) For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2015-4 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subjecttothe IevyofSpecial Taxes as determined pursuant to Sections S and T below. Assessor's Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non -Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi -Family Property. For Single Family Residential Property the number of Residential Units shall be determined by the CFD Administrator. S. MAXIMUM SPECIAL TAX C (CONTINGENT) For purposes of determining the applicable Maximum Special Tax C (Contingent) for Assessor's Parcels of Developed Property which are classified as Single Family Residential Property, all such Assessor's Parcels shall be assigned the number of Residential Unit(s) constructed thereon as specified in or shown on the Building Permit(s) issued as determined by the CFD Administrator. Once a single family attached building or buildings have been built on an Assessor's Parcel, the CFD Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax C (Contingent) levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax C (Contingent) per Residential Unit identified for the Assessor's Parcel. For purposes of determining the applicable Maximum Special Tax C (Contingent) for Assessor's Parcels of Developed Property and Approved Property which are classified as Multifamily Property or Non -Residential Property, all such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined bythe CFD Administrator. Once the CFD Administrator determines the actual number of Acres for the Assessor's Parcels, the Special Tax C (Contingent) levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Acres by the Maximum Special Tax per Acre. 1. Developed Property a. Maximum Special Tax C (Contingent) The Maximum Special Tax C (Contingent) for each Assessor's Parcel of Taxable Property for Fiscal Year City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 16 2016-2017 is identified in Table 2 below: TABLE 2 MAXIMUM SPECIAL TAX C (CONTINGENT) FOR DEVELOPED PROPERTY Land Use Category Taxable Unit Maximum Special Tax Per Taxable Unit 1. Single Family Residential Property RU $299 2. Multifamily Property Acre $2,021 3. Non -Residential Property Acre $2,021 On each July 1, commencing on July 1, 2017 the Maximum Special Tax C (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 =100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. b. Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax C (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax C (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final. 2. Approved Property and Undeveloped Property The Maximum Special Tax C (Contingent) for each Assessor's Parcel of Approved Property and Undeveloped Property for Fiscal Year 2016-2017 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX C (CONTINGENT) RATES Maximum Special Tax C (Contingent) Per Acre $2,021 On each July 1, commencing on July 1, 2017 the Maximum Special Tax C (Contingent) for Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. T. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX Commencing with Fiscal Year 2016-2017 and for each following Fiscal Year, the Council shall determine the Special Tax C (Contingent) Requirement and shall levy the Special Tax C (Contingent) on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax C (Contingent) equals the Special Tax C (Contingent) Requirement. The Special Tax C (Contingent) shall be levied for each Fiscal Year as follows: Step One: The Special Tax C (Contingent) shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100%of the applicable Maximum Special Tax to satisfy the Special Tax C (Contingent) Requirement; City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 17 Step Two: If additional moneys are needed to satisfy the Special Tax C (Contingent) Requirement after the first step has been completed, the Special Tax C (Contingent) shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax C (Contingent) for Approved Property; Step Three: If additional monies are needed to satisfy the Special Tax C (Contingent) Requirement after the first two steps has been completed, the Special Tax C (Contingent) shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property up to 100% of the Maximum Special Tax C (Contingent) for Undeveloped Property. U. DURATION OF SPECIAL TAX C (CONTINGENT) The Special Tax C (Contingent) shall be levied in perpetuity to fund the Special Tax C (Contingent) Requirement, unless no longer required as determined at the sole discretion of the City Council. V. MANNER OF COLLECTION OF SPECIAL TAX C (CONTINGENT) The Special Tax C (Contingent) shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015-4 may collect the Special Tax C (Contingent) at a different time or in a different manner if necessary to meet its funding requirements. W. APPEALS OF SPECIAL TAXES Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor's Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant's Assessor's Parcel(s). No refunds of previously paid Special Taxes shall be made. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 18 EXHIBIT "A" DESCRIPTION OF AUTHORIZED SPECIAL TAX B SERVICES COMMUNITY FACILITIES DISTRICT NO. 2015-4 (TERRACINA) OF THE CITY OF LAKE ELSINORE The services which may be funded with proceeds of Special Tax B of CFD No. 2015-4, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on oradjacentto parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of publicsignage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment orfacilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015- 4; as well as local roads within residential subdivisions located within CFD No. 2015-4; and any portions adjacent to the properties within CFD No. 2015-4; and In addition to payment of the cost and expense of the forgoing services, proceeds of Special Tax B may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 19 EXHIBIT "B" DESCRIPTION OF AUTHORIZED SPECIAL TAX C SERVICES COMMUNITY FACILITIES DISTRICT NO. 2015-4 (TERRACINA) OF THE CITY OF LAKE ELSINORE The services which may be funded with proceeds of Special Tax C (Contingent) of CFD No. 2015-4, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing water quality improvements (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. The authorized Special Tax C Services include the maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance of natural, upgraded open space/hillsides including the fuel modification areas; maintenance and repair of irrigation facilities; maintenance and operation of water quality improvements, which include the bio -retention facility and appurtenances, which shall be maintained as described in the adopted Terracina Specific Plan on file with the City of Lake Elsinore and as an exhibit in the Public Hearing Report. Maintenance services may include, but are not limited to the repair, removal or replacement of all or part of any of the water quality improvements In addition to payment of the cost and expense of the forgoing services, proceeds of Special Tax C (Contingent) may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. City of Lake Elsinore Community Facilities District No. 2015-4 (Terracina) Page 20 REIMBURSEMENT AGREEMENT RE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 201_ - OF THE CITY OF LAKE ELSINORE ( ) THIS REIMBURSEMENT AGREEMENT RE PROPOSED COMMUNITY FACILPTIES DISTRICT NO. 201_-_ OF 'THE CITY OF LAKE ELSINORE ( ) (the "Agreement") dated as of 1, 2016 is entered into by and between the City of Lake Elsinore, a genual law city organized and existing under the laws and constitution of the State of California (the "City"), and (the "Owner"). RECITALS: A. The Owner owns approximately acres of land described in Exhibit A attached hereto (the "Property") for which the Owner desires to include the Property within proposed Community Facilities District No. 201_- of the City of Lake Elsinore (the "District") to be established by the City pursuant to the Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the "Act"). B. The City and the Owner are desirous of entering into this Agreement in order to provide a mechanism by which the Owner may advance certain costs related to the cost of formation of the District, and to provide that such District, if formed, will reimburse the Owner for the amounts advanced hereunder. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set Porth herein, the parties hereto agree as follows: 1. Recitals. Each of the above recitals is incorporated herein and is true and correct. 2. Potential Formation of the District and Issuance of Bonds. (a) At the request of the Owner, the City will undertake to form the District. The City will retain, at the Owner's expense, the necessary consultants to analyze the proposed formation of the District and issuance of bonds, including an engineer, special tax consultant, financial advisor, bond counsel, market absorption consultant, appraiser and other consultants deemed necessary by the City. In addition, City staff time spent in connection with the formation o1' the District and the issuance of bonds shall be at Owner's expense. (b) In order to begin the process of analyzing the potential formation of the District, the Owner shall advance to the City a sum totaling $ . From time to time, the Owner shall make additional advances to the City within 15 days following receipt from the City of a request for an additional advance to cover the costs of forming the District and/or issuing bonds. In the event the Owner does not deliver the requested amount to the City within such 15 -day period, the City will have no obligation to proceed with the analysis or bond issue unless and until such additional advance is received. The Owner shall have the right to notify the City at any time, in writing, of its intention to abandon the formation of the District or the issuance of bonds. Upon receipt of such notice, the City shall instruct its consultants to cease work as soon as practicable. The DOCSOC/ 1746579v 1 /022042-0011 Owner shall be responsible to pay all costs and expenses incurred by the City or any City consultant or advisor prior to the date on which the City's consultants are notified of the Owner's notice of abandonment. Notwithstanding a decision of the Owner to abandon the formation of the District or the issuance of bonds, the City may, in its sole discretion, elect to proceed with formation of the District and/or the issuance of bonds with funds other than those of the Owner; provided, however, that, in executing this Agreement, the Owner shall not be deemed to have waived their right to object to the formation of the District or the issuance of bonds. (c) The City will provide to the Owner on request a summary of how the advances have been spent and the unexpended balance remaining. The amounts advanced by the Owner will be reimbursable to the Owner, without interest, from the proceeds of bonds issued by the District when and if the District is formed. In the event that bonds are not issued to provide a source of reimbursement to the Owner, the City shall have no liability to the Owner to reimburse them for any of amounts previously advanced by the Owner and expended by the City in accordance with this Agreement. 3. Reimbursement Procedure. The City shall return any funds which have been advanced by the Owner which are not expended on the purposes set forth in Section 2 above. Such returned funds shall be without interest. 4. Abandonment of CFD Formation Process. The Owner understands that any formation of the District shall be in the sole discretion of the City. No provision of this Agreement shall be construed as a promise, warranty or agreement by the City to form the District, to annex the Property to any other district or improvement area of the City or to issue any bonds. The City shall have no liability to Owner for its decision not to form the District or issue bonds. 5. Indemnification and Hold Harmless. The Owner hereby assumes the defense of, and indemnifies and saves harmless, jointly and severally, the City and each of its officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or arising out of any acts or omissions taken by the Owner or any of the Owner's officers, employees, contractors and agents with respect to the formation of the District. 6. Notices. Any notice to be provided pursuant to this Agreement shall be delivered to the following addresses: Owner Attention: Telephone: Email: City: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attn: Director of Administrative Services Telephone: (95 1) 674-3124 Email:. isimpson(41ake-elsinore.org DOCSOC/ 1746579v 1 /022042-0011 With a copy to: Stradling Yocca Carlson & Rauth 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660 Attention: Brian Forbath, Esq. Telephone: (949) 725-4193 Email: bforbath@sycr.com Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. 7. Assi nment. The Owner may not assign its interest in this Agreement without the prior written consent of the City. 8. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest exteutperuiitied by law. 9. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein. 10. Amendments. This Agreement may be amended or modified only by written instrument signed by all parties. 11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 12. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. 13. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Owner, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 14. Singular and Plural: Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine. 15. Termination, This Agreement shall terminate and be of no further force and effect on 201_ unless expressly amended by the parties; provided, however, that the Owner's obligations under Section 5 shall survive the termination and the City's obligation to provide reimbursement in accordance with Section 3 for expenses incurred prior to the termination date shall also survive termination. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] DOCSOC/ 1 7 46 5 791/ 1/01-2042-0011 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF LAKE ELSINORE, a political subdivision of the State of California Director of Administrative Services ATTEST: By: Susan M. Domen, MMC, City Clerk [DEVELOPER] By: Its: APPROVED AS TO FORM: CITY ATTORNEY S-1 DOCSOC/l 746579v 1 /022042-0011 EXHIBIT A DESCRIPTION OF PROPERTY A-] DOCS00 1740579v 1 /022042-0011 City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org l rxkf, til Ii0R'l Text File File Number: ID# 16-108 Agenda Date: 3/8/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 15) City o/ Lake Elsinore Page 1 Printed on 3/3/2016 C"t"1YOF ink LADELS11` 0PU DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: Introduction and First Reading of Ordinances Regarding Expanding Recreational Opportunities on the Lake Recommendation It is recommended that the City Council waive further reading and introduce by title only: Ordinance No. 2016 - , AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 9, CHAPTER 9.96 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LAKE USE REGULATIONS Ordinance No. 2016 - , AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 8, CHAPTER 8.40 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKS AND BEACHES Ordinance No. 2016 - , AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 8, CHAPTER 8.44 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FISHING ON LAKE ELSINORE Background Lake Elsinore is Southern California's largest natural, freshwater lake. With more than 3,000 surface acres and 14 miles of shoreline, it is a recreational destination for both residents and visitors hosting numerous water and recreational activities from picnics at public beaches to major high speed boating and Jet Ski race events. While these activities bring visitors to our City and attract residents to the lake, the City's existing Lake Elsinore Municipal Code (LEMC) restricts or does not address several related recreational activities on Lake Elsinore such as towable inflatables and night boating. While the City is fully committed to putting public safety as a top priority, we also aim to become a recreational destination that offers unmatched opportunities for residents and Lake Use Ordinances First Reading March 8, 2016 Page 2 of 2 visitors. To this end, the staff has been carefully reviewing and identifying areas of consideration to expand recreational opportunities on the lake and increase the use of the City's most valuable asset. To initiate these efforts, in May 2015 staff established an internal Lake Use Taskforce of City staff, fire and police representatives to meet regularly to thoroughly discuss and address concerns related to following key areas of consideration: • Allowing the use of towable inflatables. • Identifying areas for non -directional boating for personal watercrafts. • Exploring possibilities for night boating. • Revising alcohol prohibitions on City beaches. • Considering other recreational uses such as Kite Boarding and Angler Float Tubes. The Public Safety Advisory Commission discussed and reviewed proposed changes to the LEMC in May, June and January before approving the proposed ordinances in February 2016. In addition, the City has sought feedback and input from the community. A Lake Use Survey was released in January. To date, more than 386 people have responded. More than 80% of the respondents use the lake at least once per year. Highlights from the survey included the desire for the use of inflatable towables, non -directional personal water craft courses, swimming, night boating, food/beverage establishments, and additional special events such as a Christmas Light Parade, concerts/BBQs, and boat races. Following the January PSAC meeting, staff emailed the proposed ordinances to lakefront homeowners associations and sent letters to 272 lakefront property owners inviting their comment and attendance at the February 17 PSAC meeting. The City met with various individuals regarding their concerns and presented the City's efforts and proposed revisions of the LEMC to the Lakeland Village Community Advisory Council on February 24, 2016. Key concerns expressed by the community included the need for additional enforcement, night boating, restricting the days of use for inflatable towables, illegal launching, the impacts of non -directional courses, and revisions to alcohol prohibitions on City beaches. Discussion The above referenced ordinances, are hereby introduced to amend the LEMC regarding lake use, parks and beaches, and fishing regulations. The proposed revisions provide a regulatory framework to increase lake usage and promote recreational uses for visitors coming to Lake Elsinore. Lake Use Ordinances First Reading March 8, 2016 Page 3 of 2 Several changes have been made to each of these LEMCs. Key changes and/or inclusions in these ordinances include: • Formatting and consistency changes to update the outdated municipal codes including the addition of several key definitions and a purpose statement. • Eliminating inconsistencies between local, state and federal regulations. • Establishing rules and regulations to allow inflatable towables with exception of holiday weekends, i.e. Memorial Day, Fourth of July and Labor Day. • Creating definitions and regulations regarding other recreational uses including non - motorized vessels, jet propulsion propelled devices, water scooters, aircrafts, and radio -controlled model replica devices. • Allowing for the establishment of non -directional, personal water craft zones. • Establishing clear guidelines and restrictions for night boating events as authorized by the City Manager. • Removing provisions restricting swimming at City parks and beaches to only designated areas. • Ensuring there are adequate distinctions in regards to private property versus commercial and city -owned property. • Expanding the City's annual pass program including adding information regarding Annual Commercial Lake Use Passes and creating a new Annual Resort Use Pass. • Upholding existing alcohol prohibitions on public parks and beaches. Since safety continues to be one of the City's top priorities, staff has already started discussions regarding changing and/or finding new ways to uphold and enforce the rules and regulations of the lake. Many of these changes would be made and/or funded as part of the upcoming budgeting process. Attached are the ordinances for your consideration amending and restating the following Chapters of the LEMC that regulate recreational uses on or around the lake: Chapter 9.96 Lake Use Regulations, Chapter 8.40 Parks & Beaches, and Chapter 8.44 Fishing on Lake Elsinore. In addition, the previously mentioned "Lake Use Online Survey Results" are also attached. FISCAL IMPACT None. Prepared by: Nicole Dailey Senior Management Analyst Approved by: Grant Yates City Manager Lake Use Ordinances First Reading March 8, 2016 Page 4 of 2 Attachments: A. Ordinance No. 2016- Amending and Restating Chapter 9.96 of LEMC Regarding Lake Use Regulations B. Ordinance No. 2016 -_Amending and Restating Chapter 8.40 of LEMC Regarding Parks & Beaches C. Ordinance No. 2016 -_Amending and Restating Chapter 8.44 of LEMC Regarding Fishing on Lake Elsinore D. Lake Use Online Survey Results ORDINANCE NO. 2016 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 9, CHAPTER 9.96 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LAKE USE REGULATIONS THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.96 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirely to read as follows: Chapter 9.96 LAKE USE REGULATIONS Sections: 9.96.010 Purpose. 9.96.020 Definitions. 9.96.030 Area regulated. 9.96.040 Lake users and vessel operators. 9.96.050 Vessels. 9.96.060 Length of vessel. 9.96.070 Non -motorized vessels. 9.96.080 Jet propulsion propelled devices. 9.96.090 Water scooters. 9.96.100 Parachuting; Aircrafts. 9.96.110 Radio -controlled model replica devices. 9.96.120 Inspections. 9.96.130 Launching. 9.96.140 Vessel speed limits. 9.96.150 High speed zone. 9.96.160 Vessel traffic patterns. 9.96.170 Non -directional, personal water craft zones. 9.96.180 Age limit for operating vessels. 9.96.190 Reckless and/or negligent operations of vessels 9.96.200 Towing persons and/or inflatable towables. 9.96.210 Operating vessel at night. 9.96.220 Beaching, mooring, or berthing of vessels. 9.96.230 Anchoring 9.96.240 Vessel noise. 9.96.250 Disposal of waste from vessel. 9.96.260 Restricted use. 9.96.270 Buoys, beacons, and axial flow pump stations. 9.96.280 Construction. CITY COUNCIL ORDINANCE NO. 2016 - Page 2 of 9 9.96.010 Purpose. The purpose of the Chapter is to provide rules governing the recreational use of vessels, equipment and other matters relating thereto, on Lake Elsinore (hereinafter referred to as "the lake"), and to protect the general health, safety, and welfare of persons using the lake. 9.96.020 Definitions. "City Manager" shall mean the City Manager or designee. "Drone" refers to an unmanned aircraft or ship that can navigate either by radio remote control or autonomously, with or without human control, or beyond line of sight. "Inflatable towable" shall refer to any towable device that is inflated and is intended to carry persons while being towed by a vessel. "Jet propulsion propelled devices" shall refer to any device where water is forced under pressure to propel a person or persons into the air or through the water such as flyboards and jet packs, excluding jet propulsion propelled vessels "Life Jacket" shall refer to a personal floatation device that is in the form of a buoyant vest. "No wake zone" shall refer to the area between the shoreline and the designated buoys, where vessels are required to be in "idle" speed of no more than 5 mph to prevent waves. "Non -motorized vessel" shall refer to a recreational device that floats on the surface of the water and lacks any motorized propulsion, such as paddleboards, kayaks, canoes, sail boats, wind surfing devices, etc. "Operator" means the person on board who is steering the vessel while underway. "Personal water craft" shall refer to a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. "Personal water craft course zones" shall refer to designated areas for personal water crafts to recreate within a course format. "Radio controlled model replica device" shall refer to a reduced scale model device that is steerable by radio controlled frequencies. "Water skis, an aquaplane, towables or a similar device" includes all forms of water skiing, barefoot skiing, skiing on skim boards, knee boards, or other contrivances, parasailing, ski kiting, or any activity where a person is towed behind or alongside a boat. "Use" means to operate, navigate, or employ. "Vessel" shall refer to a watercraft used or capable of being used as a means of transportation on water, except either of the following: (1) seaplane on the water; or (2) a watercraft specifically designed to operate on a permanently fixed course, the movement CITY COUNCIL ORDINANCE NO. 2016 - Page 3 of 9 of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled. "Water scooter" shall refer to a hand-held, battery-operated device that spins a propeller to pull a swimmer through the water. 9.96.030 Area regulated. The area that this chapter shall regulate is as follows: All properties at or below the elevational mark of 1,265 feet mean sea level southeasterly of the State Recreational Area Boundary (1,240 feet mean sea level) and within the perimeter streets of Riverside Drive to the northwest and west, Lakeshore Drive to the north, Mission Trail to the northeast, Corydon Road to the southeast and the City Boundary Line to the south and southwest. Excepting therefrom any property within the described area above, that has a valid existing temporary use permit, conditional use permit and/or City business license, as long as said property owner stays on his/her own property and maintains same in a safe manner. 9.96.040 Lake users and vessel operators. A. All users of the lake and vessel operators are required to comply and act in accordance with the federal, state, and local laws and regulations. 9.96.050 Vessels. A. Except for motorized vessels possessing an Annual Lake Use Pass pursuant to LEMC 8.40.050(8), an Annual Lakefront Use Pass pursuant to LEMC 8.40.050(C), or Annual Commercial Lake Use Pass pursuant to LEMC 8.40.050(D), all motorized vessels using the lake shall obtain a Daily Lake Use Pass. A valid use pass must remain on the vessel at all times while operating the motorized vessel on the lake. A Daily Lake Use Pass is not transferable to any other vessel. B. The maximum number of vessels permitted to safely utilize the lake at any given time is 1,200. 9.96.060 Length of vessels. Vessels operating on the lake shall not exceed a maximum of 40 feet in length, unless authorized from the City Manager. 9.96.070 Non -motorized vessels. A. All non -motorized vessels, except for sail boats, kite boards and wind surfing, shall remain within the no wake zones unless authorization has been obtained from the City Manager, or during a special exhibition or event. CITY COUNCIL ORDINANCE NO. 2016-. Page 4 of 9 B. Life jackets shall be worn or carried at all times while operating a non -motorized vessel 9.96.080 Jet propulsion propelled devices. A. Jet propulsion propelled devices, including but not limited to, water jetpack devices and jet propelled fly boards, shall remain in the no wake zone unless prior authorization has been obtained from the City Manager. B. All persons using one of these devices must wear an approved life jacket at all times. 9.96.090 Water scooters. Water scooters shall remain in the no wake zone, unless authorization has been obtained from the City Manager, or during a special exhibition or event. 9.96.100 Parachuting; Aircraft. A. No person shall parachute into the lake unless authorization has been obtained from the City Manager. B. No person shall fly an aircraft (with the exception of drones), fly ultralight vehicles, hang glide over, parasail or balloon over the lake at an altitude of less than 500 feet unless authorization has been obtained from the City Manager. 9.96.110 Radio -controlled model replica devices. Operation of radio -controlled model replica devices shall remain in the no wake zone, unless authorization has been obtained from the City Manager, or during a special exhibition or event. 9.96.120 Inspections. In accordance with California Harbor and Navigation Code section 663, every peace officer shall have the authority to stop and board any vessel subject to this chapter, where the peace officer has probable cause to believe that a violation of state law or regulations or local ordinance exists. 9.96.130 Launching. A. Launching of vessels is only permitted at designated boat launches unless: the vessel is non -motorized, the vessel is launched from private property in accordance with LEMC 8.40.060, or authorization has been obtained from the City Manager. B. No vessel shall operate or launch on the lake under the following conditions unless authorization has been obtained from the City Manager: 1. During nighttime hours (one-half hour after sunset to one-half hour before sunrise). 2. When wind speed reaches or exceeds 39 miles per hour (gale warnings) unless the vessel has more than six inches of freeboard (measured from the water surface CITY COUNCIL ORDINANCE NO. 2016 - Page 5 of 9 to the lowest portion of the gunwale). Wind surfers, kite boarders, sailboats, or similar wind -propelled vessels, are exempt from this condition. 3. When wind speed reaches 55 miles per hour or greater (full gale). 9.96.140 Vessel speed limits. No person shall operate a vessel at speeds in excess of that authorized for the area in which the vessel is operating. Vessel speed limits shall be designated and posted. A. The maximum allowable vessel speed limit on the lake shall be 35 miles per hour, except as provided in subsections B, C, and D of this section, unless authorization has been obtained from the City Manager. B. Unless authorization has been obtained from the City Manager, the maximum allowable vessel speed limit within the high speed zone is 150 miles per hour Monday through Friday, except for the following holidays: Memorial Day, Fourth of July, and Labor Day. C. Notwithstanding subsection (B) of this section, a person may only operate a vessel within the high speed zone at a speed in excess of 150 miles per hour when authorized pursuant to a special event permit as provided in LEMC Chapter 5.108. D. The maximum allowable vessel speed is five miles per hour (idle/wakeless forward motion) when operating under the following conditions: 1. Buoyed areas, which includes the no wake zones, except where designated as a personal water craft course area or authorized by the City Manager. 2. During restricted visibility (i.e. visibility less than 1,000 feet, fog, haze, or smoke). 3. Within 100 feet of a person in the water. 9.96.150 High speed zone. A. Vessels operating in the designated high speed zone at speeds of 80 miles per hour and greater shall be equipped with an ignition kill switch tethered to the driver and all persons aboard such vessels shall wear a flotation device with a United States Coast Guard 100 -mile -per -hour rating and helmets. B. Helmets must meet the specifications set forth by any of the following: Department of Transportation, American National Standards Institute, Inc., Snell, or military specification helmet designed for military aircraft. The upper 50 percent of the helmet must be neon, florescent, red, orange, yellow, or international orange. 9.96.160 Vessel traffic pattern. A. Except as authorized by the City Manager, all vessel traffic shall move in a counterclockwise direction measured from the center of the lake. CITY COUNCIL ORDINANCE NO. 2016 - Page 6 of 9 B. No person shall operate or cause a vessel to move in a clockwise direction or turn around except in the non -directional, no wake areas (five mile per hour zones), personal water craft course zones, or in any zone when a person has fallen overboard or when a person being towed has fallen, and then only for the purpose of retrieving the fallen person. 9.96.170 Non -directional, personal water craft course zones. A. Except as authorized by the City Manager, any personal water craft course zone shall be located in a designated area within the no wake zone. B. Users of the personal water craft course zone shall comply with all posted rules and regulations associated with the personal water craft course zone areas. C. Users of the personal water craft course zone shall be associated with the organization hosting the personal water craft course zone. D. Entrance and exit from the non -directional, personal water craft zones is only permitted in the designated entrance and exit channel. E. The maximum allowable speed limit posted at the entrance of the personal water craft zone shall not be exceeded. F. The courses shall be used only for the intended purposes as a recreational personal water craft course, unless authorization has been obtained from the City Manager. 9.96.180 Age limit for operating vessels. A. No person under 16 years, except for a person between the ages of 12 and 15 years who is supervised on board by someone at least 18 years of age, shall operate a vessel having propulsion of more than 15 horsepower (except for a sailboat that does not exceed 30 feet in length or a dinghy used directly between a moored vessel and the shore, or between two moored vessels. B. A person operating a vessel traveling in excess of 35 miles per hour within the high speed zone must be at least 16 years of age. 9.96.190 Reckless and/or negligent operations of vessels. A. Vessel operators shall not jump the wake of another vessel within 100 feet of that vessel. B. Vessel operators shall not turn sharply in close range of any person or vessel to "spray them down." 9.96.200 Towing persons and/or inflatable towables. A. Vessels and personal water crafts shall only tow devices used to carry persons that are commercially manufactured and operated within the scope of the manufacturer's CITY COUNCIL ORDINANCE NO. 2016-_ Page 7 of 9 intended use(s), unless authorization has been obtained from the City Manager, or are part of a special exhibition or event. B. Inflatable towables are not permitted on the following holidays and associated holiday weekends: Memorial Day, Fourth of July, and Labor Day. C. Inflatable towables intended to lift out of and fly above the water for extended periods of time are not permitted. D. A vessel shall tow no more than one inflatable towable at a time and the occupancy of any inflatable towable shall not exceed the manufacturers recommended occupancy. E. No person shall operate a vessel with a tow line exceeding 75 feet except in the high speed zone or an authorized special event. F. Any time a person or persons are on the exterior of a vessel or personal water craft, a designated observer of age 12 or older shall clearly display an orange safety flag of at least 12" x 12" while person(s) are in the water. Life vests shall be worn by all persons being towed in the water. G. Vessels shall not move contrary to or against the direction of established lake traffic patterns while towing persons and/or inflatable towables. 9.96.210 Operating vessels at night. A. Night boating may also occur with authorization from the City Manager during approved dates and times. C. Where nighttime operation is authorized, only motorized vessels are permitted. All vessels operating at night are required to have and operate fully functional navigation lights. D. During night boating, only a limited number of night lake use passes will be permitted. The maximum allowable speed at night is five miles per hour, unless authorized from the City Manager. E. The City Manager may limit the number of Night Lake Use Passes issued. 9.96.220 Beaching, mooring, or berthing of vessels. A. Unless authorization has been obtained from the City Manager, no person shall beach, land, launch, moor, dock, or berth a vessel or any other object overnight except (i) in areas so designated and posted, or (ii) pursuant to LEMC 8.40.050(C). B. The City may specify locations, conditions, and limitations for the beaching, landing, launching, mooring, docking, or berthing of a vessel or any other object. C. Beached or abandoned vessels or any other objects are to be removed by the registered owner from City property within 24 hours of notification. The last registered CITY COUNCIL ORDINANCE NO. 2016-_ Page 8 of 9 owner of record is responsible and is thereby liable for the cost of removal and disposition of the vessel or other object beached or abandoned. 9.96.230 Anchoring. No person shall anchor a vessel outside of the no wake zone. 9.96.240 Vessel noise. No person shall operate or permit the operation of any vessel in the lake in such manner as to cause a noise disturbance in violation of LEMC 17.176.060(A) regarding exterior noise limits. 9.96.250 Disposal of waste from vessels. Any vessel must be so constructed or equipped that all wastes, including but not limited to sink water, shower water, and human waste, are discharged into a holding tank. Such wastes shall only be discharged in on -shore disposal facilities. 9.96.260 Restricted use. The following lands and facilities on or around the lake are closed or restricted to all persons other than City employees or authorized individuals in the following manner: A. Well Numbers One, Two, and Three. B. Sites posted with buoys or fencing, depending on water level. C. No person shall be within 50 feet of said facility, except as authorized by the City Manager. D. Portions of the lake may be closed to activity as the lake level recedes and exposes hazards. Affected portions may be posted with buoys or signage. E. No person shall berth, moor, dock, or otherwise secure any vessel or other object, fish, dive, or swim from a designated City law enforcement or public safety dock facility located on the lake. 9.96.270 Buoys, beacons, and axial flow pump stations. No person shall moor to, destroy, trespass upon, or cause willful damage to any buoy, beacon, or axial flow pump station. No person shall willfully or maliciously cut, break, injure, sink, set adrift, trespass, or moor any vessel of any kind to any buoy, beacon, or axial flow pump station platform placed within the lake by the City, unless authorization has been obtained by the City Manager. 9.96.280 Construction. No person shall wharf or erect quays, jetties, piers, breakwaters, groins, moles, wharves, docks, bathhouses, or any structures whatsoever floating or otherwise upon or in the lake CITY COUNCIL ORDINANCE NO. 2016-_ Page 9 of 9 except by (i) permission of concession in writing by the City of Lake Elsinore, or (ii) pursuant to LEMC 8.40.050(C). SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2016. Brian Tisdale Mayor ATTEST: Susan Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney ORDINANCE NO. 2016 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 8, CHAPTER 8.40 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKS AND BEACHES THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.40 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirely to read as follows: Chapter 8.40 PARKS AND BEACHES Sections: 8.40.010 Purpose. 8.40.020 Definitions. 8.40.030 Closure time. 8.40.040 General rules and regulations. 8.40.050 Annual pass programs. 8.40.060 Lakefront property boat launch program. 8.40.010 Purpose. The purpose of this Ordinance is to provide rules and regulations for City -owned public parks and beaches, access to the lake from private property, and annual pass programs. 8.40.020 Definitions. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. "Beach" means all city -owned public beaches along the lake shoreline. "Camp" or "camping" means to place, pitch, or occupy camp facilities, including recreational vehicles; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia for the purpose of temporary human habitation. "City Manager" means the City Manager of the City of Lake Elsinore or designee. "Lake" means Lake Elsinore. "Lakefront property" means any real property that directly abuts the lake and is contiguous with the lake's waterfront. "Park" means all city -owned, public parks located within the City limits. CITY COUNCIL ORDINANCE NO. 2016-_ Page 2 of 5 8.40.030 Closure time. All City parks and beaches are closed between the hours of 10:00 p.m. and 6:00 a.m. of each day, except at such dates and times as approved by the City Manager or during a special event that has been approved in accordance with LEMC Chapter 5.108. It is unlawful for members of the public to enter any parks and beaches while closed. 8.40.040 General rules and regulations. A. It is unlawful for any person to drink or consume or attempt to drink or consume any alcoholic beverages while such person are in or upon any public park or public beach unless authorization has been obtained from the City Manager or during a special event where alcohol has been authorized in accordance with LEMC Chapter 5.108. B. Motorized vehicles are prohibited from City parks and public places, unless authorization has been obtained from the City Manager or during a special event where authorization has been obtained in accordance with LEMC Chapter 5.108. City maintenance vehicles, contract maintenance vehicles, and public safety vehicles are exempt. C. Pets are permitted in City parks and designated beaches. Designated beaches where pets are permitted are indicated by way of posted signage. All pets must be on a leash, except within designated off -leash areas and in accordance with such posted rules and regulations. Owners are responsible for cleaning up and removing all droppings left by their pets. D. The act of golfing is prohibited in City parks unless authorization has been obtained by the City Manager. E. Open fires are prohibited unless contained within fire rings provided by the City. F. The use of firearms and any acts of archery are prohibited in City parks and beaches. G. No person shall: (1) maintain, erect, or permit the erection of any hut, shanty, tent, tarpaulin, or other type of temporary structure at or upon any City park or beach except on such property designated by the City for the purpose of camping, or (2) use a City park or City beach for the purpose of camping except on such property designated by the City for the purpose of camping. However, the following exception applies: the use of umbrellas and/or shade structures, not larger than 144 square feet, are permitted during daylight hours. H. Littering is strictly prohibited. 8.40.050 Annual pass programs. A. There is hereby established an annual pass program to be included in the operation of the lake. B. Annual Lake Use Pass. Members of the general public may purchase an Annual Lake Use Pass for unlimited use of the lake. The Lake Use Pass must remain on the vessel at CITY COUNCIL ORDINANCE NO. 2016 - Page 3 of 5 all times while operating the vessel on the lake. Annual Lake Use Passes are not transferable to any other vessel. The holder of an Annual Lake Use Pass shall be required to pay any necessary launch fees at boat launches. C. Annual Lakefront Use Pass. Any Lakefront property owner or tenant shall be entitled to purchase Annual Lakefront Use Passes for up to four vessels owned by such property owner or tenant. The Annual Lakefront Use Pass shall permit unlimited lake use and launching from the applicable lakefront property. 1. Annual Lakefront Use Pass applicants shall provide the City with the following: a. For owners, a grant deed proving ownership in the lakefront property b. For tenants, verification of legal tenancy by (i) personal appearance and signature verification of tenancy by property owner at City offices, (ii) notarized statement from property owner that applicant is the tenant in legal possession of the lakefront property, or (iii) such other information and documentation as the City Manager deems acceptable to establish that the applicant is a legal tenant in possession of the lakefront property. c. Registration paper(s) of vessel(s) intending to utilize the Annual Lakefront Use Pass showing ownership in the name of the applicant. d. Picture identification. 2. The holder of an Annual Lakefront Use Pass is authorized to overnight off -shore anchoring, beaching, mooring, docking, launching and delaunching at holder's lakefront property. 3. The holder of an Annual Lakefront Use Pass shall be issued an Annual Lakefront Use Pass identification sticker for each vessel, which sticker shall be affixed to the holder's vessel(s) at all times while on the lake. D. Annual Commercial Lake Use Pass. Businesses and/or concessionaires may purchase Annual Commercial Lake Use Passes for unlimited use of the lake for lake related business. Passes may be transferrable between vessels or affixed to the port side of the vessel. If not affixed to the vessel, the Annual Commercial Lake Use Pass must be present at all times when operating the vessel on the lake. E. Annual Launch Pass. Members of the general public may purchase an Annual Launch Pass for unlimited launching at all City -owned operational boat launches. Annual Launch Passes are only valid at City -owned boat launches. F. Annual Resort Use Pass. Members of the general public may purchase an Annual Resort Use Pass for unlimited access to resort day use areas. The Annual Resort Use Pass is only applicable for City -owned facilities that charge daily entrance fees, such as La Laguna Resort & Boat Launch. CITY COUNCIL ORDINANCE NO. 2016 - Page 4 of 5 G. Fee amounts for all passes shall be established by a resolution of the City Council and shall be valid for one calendar year from January 1st through December 31st of the year purchased. Annual passes are non-refundable. H. Annual Lake Use Passes and/or Annual Launch Passes (stickers) shall be affixed to the vessel's port side within four inches of the vessel's C.F. numbers. Annual Day Use Resort Passes shall be maintained in the possession of the owner. 8.40.060 Lakefront property boat launch program. A. Only lakefront properties are entitled to the provisions of this Section 8.40.060, subject to the restrictions contained therein. B. The legal ability to launch vessels pursuant to this section is available only to the owners of record or legal tenants of lakefront property. The provisions hereof are applicable both when the waters of the lake are physically in contact with the property and when the lake has receded off of such property. Individuals with property held in common interest or by similar homeowners' association must be in good standing with any such associations and must have their name appearing on the most recent membership list filed with the City by such association in order to obtain an Annual Lakefront Use Pass. C. This section does not apply to any form of commercial lake use ventures. In addition, this exclusion also applies to any and all organizations, clubs or partnerships formed after this agreement. To the extent that any such organizations, clubs or partnerships are formed, the City shall have the right to determine the applicability of this section, and further to determine allowable services (launching, marina and docks) of any new development within the City. D. All vessels launched from lakefront property shall possess either a current Annual Lakefront Use Pass pursuant to LEMC 8.40.050(C) or a Daily Lake Use Pass pursuant to LEMC 9.96.040(A). E. Lakefront property owners subject to these provisions which have private docks, piers, or launch ramps are required to post such as private and maintain them as such. F. Reasonable sanitary facilities must be available (i.e., residence, RV or portable toilet) for the authorized users of private docks, piers and launch ramps. G. Only a person meeting the requirements of LEMC 8.40.060 is permitted to launch from lakefront property. All other vessels must launch from authorized public or commercial launching facilities. H. Any holder of an Annual Lakefront Use Pass who refuses to comply or is found to regularly disregard the provisions of LEMC 8.40.060, or is utilizing the Annual Lakefront Use Pass for commercial purposes, shall be subject to having such pass revoked. CITY COUNCIL ORDINANCE NO. 2016 - Page 5 of 5 SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2016. Brian Tisdale Mayor ATTEST: Susan Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney ORDINANCE NO. 2016 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 8, CHAPTER 8.44 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FISHING ON LAKE ELSINORE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.44 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirely to read as follows: Chapter 8.44 FISHING ON LAKE ELSINORE Sections: 8.44.010 Purpose. 8.44.020 Definitions. 8.44.030 Fishing license. 8.44.040 Size and fish quantity limits. 8.44.050 Fishing in restricted areas. 8.44.060 Fishing hours. 8.44.070 Restrictions on fishing methods. 8.44.075 Bow fishing. 8.44.080 Cleaning of fish. 8.44.090 Fishing near fish habitat areas. 8.44.010 Purpose The purpose of this Ordinance is to provide rules and regulations for fishing activities on and around Lake Elsinore (hereinafter referred to as "the lake"). 8.44.020 Definitions "Bow fishing" means tackle that must have the arrow's shaft or the point, or both, securely attached by a line to the bow or to a fishing reel (includes crossbow). "California Freshwater Sport Fishing Regulations" means the publication of the same name by the California Department of Fish and Wildlife setting forth the provisions of the California Fish and Game Code and Title 14 of the California Code of Regulations related to freshwater fishing. "City Manager" means the City Manager of the City of Lake Elsinore or the City Manager's designee. CITY COUNCIL ORDINANCE NO. 2016 - Page 2 of 4 "Take" means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. 8.44.030 Fishing license. A. All persons 16 years of age and older must have in their possession a valid California sport fishing license to take any kind of fish from the lake. B. Every person, while engaged in taking any fish from the lake, shall display a valid sport fishing license by attaching it to their outer clothing at or above the waistline so that it is plainly visible. 8.44.040 Size and fish quantity limits. A. No fish less than the legal minimum size as set forth in current California Freshwater Sport Fishing Regulations may be taken from the lake. B. No person shall retain any fish from the lake in excess of the bag limit set forth in the current California Freshwater Sport Fishing Regulations. C. Fish caught that do not meet the legal minimum size set forth in the current California Freshwater Sport Fishing Regulations or are caught in excess of the bag limits set forth in the current California Freshwater Sport Fishing Regulations shall be immediately released back into the water. 8.44.050 Fishing in restricted areas. No person shall fish in restricted areas unless authorized by the City Manager. 8.44.060 Fishing hours. Fishing at designated public beaches is only allowed between the hours of 6:00 a.m. and 10:00 p.m. daily. Fishing by boat is permitted from sunrise to sunset, unless authorization has been obtained from the City Manager. 8.44.070 Restrictions on fishing methods. A. No person shall fish by means of a seine or cast net unless authorized by the City Manager. B. All persons shall fish with only one pole, unless they have purchased a second -rod sport fishing validation as provide by California Fish and Game Code section 7149.45. Anglers in possession of a second -rod sport fishing validation and anglers under 16 years of age may use up to two rods. 8.44. 075 Bow fishing. A. Bow fishing is permitted by vessel upon the surface the lake, except within wading areas, marinas and boating channels. CITY COUNCIL ORDINANCE NO. 2016 - Page 3 of 4 B. Bow fishing by persons walking or wading along the shoreline is permitted only upon that portion of the Levee System between Shoreline Zone Identification Sign SS2 to Rome Hill. C. Bow fishing is restricted to fishing for carp only. D. Bow fishing is prohibited within 100 feet of any person outside the vessel of the person bow fishing or adjacent to the person bow fishing by shoreline. E. Children 15 years of age or younger are required to be accompanied by an adult in order to bow fish. F. All fish taken by bow fishing shall be removed from the lake and disposed of in a proper manner. Disposal of carp into the lake, upon the shoreline of the lake, or in public trashcans is prohibited. G. The provisions in this section are subject to waiver by the City for bow fishing events as determined by the City Manager, subject to such events being authorized pursuant to a special event permit as provided in Chapter 5.108 of the Lake Elsinore Municipal Code. 8.44.080 Cleaning of fish. Cleaning of fish on the water or shoreline is prohibited, unless in a designated cleaning area. 8.44.090 Fishing near fish habitat areas. Fishing within 25 feet of marked buoyed fish habitat areas is prohibited. CITY COUNCIL ORDINANCE NO. 2016 - Page 4 of 4 SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of 2016. Brian Tisdale Mayor ATTEST: Susan Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney Expanding the Use of Lake Elsinore and Its Amenities Q,"r How often do you use the lake for recreational activities? Ansv✓errd; 6'L1 Slopped; ti Often (> 1 I. time per week) Regularly (1}0��`+� to 3 times p x ' �^R, �u Occasionally (3 to 6 time... Rarely (1 to 2 times per year) Never 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Often (> 1 time per week) 9.19% _...... _.... Regularly (1 to 3 times per month) 16.80% 64 Occasionally(3 to 6 times per year) 27.30% 104 Rarely (1 to 2limes per year) _ 27.82% 106 Never - 18.90% _72 Total 381 1 /95 Expanding the Use of Lake Elsinore and Its Amenities Which lake activities do you participate in? (select all that apply) Answered;319 Skippers: 67 Boating Personal s z ..4 Watercrafts S Stand -Up Jet -Skis Water Skiing Wakeboarding Swimming Fishing Kayaking Answer Choices Posting Personal Watercrafts Stand -Up Jet -Skis Water Skiing Wakoboai ding Swimming Fishing 20% 30% 40% 50% 60% 70% 80% 90% 100% Responses 70.22% 924 22.57% 12 .... ...11.91% 3E 19.44% rJ 21.00% 67 33.23% 106 34,80% 1 1 2/95 Expanding the Use of Lake Elsinore and its Amenities 3/95 Kayaking 19.75% 63 Paddle Boarding .._ _..... 12.54%.. _.... .. _._40. Wind Surfing .1.88%..... _.. _. ..... _. Sailing 4.08% 13 Aqua Flyboarding 2.51% _...... _.. 8... Total Respondents: 319 - 4 - .Other (please specify) Date ._2 Re Boats 2/29/2016 11:48 AM Row boating ( rowing) 2/22/2016 10.59 PM.., 3 None -. 2/22/20168:11 PM 4 New to the area 2/22/2016 1:51 PM 5.. ! Walking along the lake....... .2/16/2016 6:49 PM 6 Sunbathing f 2/15/2016 7:23 AM 7.. i walk ....... ._... 2/13/2016 4:13 PM 8 ! Walking but not much of a track 2/13/20164:10 AM 9 ! Would like pull able tubes/rafts 2/12/20161t56 PM 10 None 2/1212016 11:42 AM 11 Walking along The lake _...... 2./1212016 8,18 AM 12 If the water was cleaner and had a wake so that kids could jump around in he water on those hot days would be great 2/12/2016 7 53 AM 13 picnic area 2/12/2016 7:08 AM 14 -. fishing derby and just looking at water pinic 2/12/2016 7:03 AM 15 Sunbathing... _2/12Y2010 5'22 AM 16 ..17 intertubing ...... _ ,..... 2/11/201611:54 PM -18 ._... _..._ camping :...None213/20161 2/11/2016 11 40 PM... 52 PM 19 ,_.drag boat racing.1/2912016 7 24 AM.. 20 relaxing watching the lake 1/28120168:30 PM 21 Not conducive to our needs 1/28!201611,16 AM 22 Need more restaurants and entertainment around lake as well. Stop making it so difficult for these businesses to start 1/28/2016 10:14 AM up. 23 Boat Drag racing ,... 1/28/20168:18 AM 24 boat and waterski races _. ....... :� 1/28/2016 8:17 AM 25 Racing _. 1/28/2016 5:34 AM 26 + Watching races -:, 1/27120165:35 PM 27 kite boarding 1/27/20165;12 PM 28 Driving my Remote control boat ..Camping 1/27/2016 5:10 PM 29 _. 1/27/2016406 PM 30 Walking around the lake, enjoying naturo, 1 1/2712016 3'.59 PM 31 i would love to do any of these but the lake is very duty. 1 1/19/2016 10:10 PM 3/95 Expanding the Use of Lake Elsinore and Its Amenities 32 ! all of the above ':- 1/19/2016 12:40 PM 33 Swimming and hanging out! 1/1912016 9:35 AM ! however Elsinore is way to dirty to swim in... I go to other water destinations for this. ... _.. 1/19/2016 9:13 AM .1/18/2016 35 Watching fireworks _ _. _..._ ...._. 6:23 PM....... ..1/18/2016 36 . :.. activities on the beach _.... ... _.... _..... 12:53 PM.. 37 Viewing.... . 1/18/20167:38 AM... 38 Purchased 2nd home here 2012 never been new the Lake ..___. .... _._.. - 1/17/2016 6 25 PM _....... .. 33... ,..Walks .._.__ _.. ..__ 1/17/2016501 PM_._... 40 The high school should have a row team. _... _._ ........ 1117/2016 3:37 PM _. _..... ._41 Walking _. ......... ._.._ 1/16/2016844 PM.... 42 Camping_.... 1/16/20161:04 PM. 43 Walking the levee 1/16/20168:29 AM._ 44 One time in the 13 years I lived there did I go boating (rental). 1/16/2016 4:45 AM 45 BBQ, wading, family get togethers 1/15/2016 7:30 PM 46 None but would like to start 1/15/201610:37 AM 47 ! .lust relaxing looking at the water -so peaceful! _... 1115/2016 9:51 AM 48': Photography ...... 1/ 15/20168:08 AM 49 : None.. ..... _.. 1/15/2016146 AM. 50 Not safe won't go too many homeless people lherell '., 1/15/2016 12:38 AM 51 `. Ride bikes around it 1/14/201611:41 PM Bird watching and walking long the shore. _.. j 1/14/2016 10:14 PM 53 Parasail _.... _.... _ _.. 1/14/20165'. 52 PM 54 Watch the sunset running 1/13/2016 8:10 PM 55 Sitting on the sand or boy ,.. 1/13/2016 6:46 PM.... 4/95 Expanding the Use of Lake Elsinore and its Amenities Are there other activities that are prohibited or unavailable that you would like to participate in on Lake Elsinore? tAnsvrered. 442 Skipped: 244 # Responses..... _ _. Date ,..... .. _.. _. _... "o ., ,..... ...... 2/29/2016 1:55 PM. _ Z... _. __ ...... .. Night boating. ....._. .._.. 2/29/201611:48 AM_ 3... '....night boating.. _.... _..... ... _.... 2/23/201610: 41 AM _... 4 Give Lakeh'ont Property owners free Lake use permits, cause we deal with fish Kills, Floods & Trash landing on our 2/22/2016 1059 PM property, & help stranded Lake users etc. 5._ ,..Nome .. _.. ........ ........ 2/22/20168:11 PM.. . 6 1 would like to see rental business 2/22/2016 1 51 PM 7 Yes -: 2/21/2016 11'00 AM 8... :. Nope _... _ 2/20/2016 4:09 PM 9 _. - Parasailiny 2/19/20164:12 PM . 10 Nice Boardwalk all the way around the lake 2/16/2016 6:49 PM 11 NIGHT FISHING 2/16/20161: 08 PM 12 Firepits 2/15/20167: 23 AM 13 ! tic ... .. 2/14/20163:12PM 14.. Swimming.. _. _.... ..... _.. _._. . ,..2/14/2016 2'.43 PM 15 No _... d 2/13/2016 11:33 AM 16 _... _.._ _. _._... Towable tubes/rafts 2/12/201611: 56 PM 17 :; Inner tubing 2/12/2016 8',29 PM 18 A few more fishing areas.. .... 2/12/2016 6'52 PM 19.. .. -.. Water park for family fun ...... 2/12/2016 5:30 PM 20 _. _. : Towing of tube : 2/12/2016 4:02 PM 21 No.. 2/12/2016 1142 AM 22 :: musical concerts... kids event fishing and bouncy kids 2/12/2016 7:03 AM 23 Boat races, ski competition 2/12/2016 7:00 AM 24 No 25 Its not that for. its dirty, and nothing to do with your family 26 My kids would like to be pullets in the tube behind or boat, 27 '.. tubing 28 Scuba diving 29 i don't know, haven't Loan to that lake yet. 30 24 hour boating 31 Movement In a counter -clockwise fashion for personal watercraft. It's a long way around the all on a sea-doo. 32 canoeing, paddle boarding, 5/95 2/12/2016 6'.33 AM 2/12/2016 5'.33 AM 7 2/12/2016 5:22 AM 2/12/2016 4:07 AM 2/12/2016 12.15 AM 2/11/2016 11:54 PM 2/11/2016 11'.40 PM 2/11/2016 11:34 PM 2/11/2016 9'.29 PM Expanding the Use of Lake Elsinore and Its Amenities 33 j no 2/11/20168:27 PM 34 % night boating .. 2/11/2016 9:33 AM ..2/10/2016 '.. More Swimming ... ..... 11:24 PM 36 Kayaking, Paddle Boarding, Tubing, Swimming i 2/10/2016 12:55 PM 37 Dinner cruises i 2/3/2016 1:52 PM 38 No __.... 2/3/2016 12:20 PM .. 39. ,....no __.... _. 1/29/2016724 AM. 40 Parks 1/28/2016 11:39 PM 41 j how bout building a pier on the lake 1/28/2016 &30 PM 42 Jogging around the perimeter of the lake. 1/28/2016 5:27 PM 43 No 1/28/2016 2:57 PM 44 i A portion could be used for rental of canopied small boats _.... .... 1/28/2016 11:16 AM 45. ,...336 mile endure race _...... ,... ... 1/28/2016 9:45 AM...... 46 boat races 1/28/2016 9:22 AM 47.. ... inner tubmg(athe kids ..... ...._ 1/28/20169: 02 AM... 48 !_ Tubing _. 1/28/20168:51 AM 49 ! boat racing. 112 8/201 6 8.35 AM _.. ... 50 Boat racing ._.. .... .... _... 1/28/2016 8.19 AM 51 i Boat drag racing _. ! 1/28/20168.18 AM _... 52 Race boats_.. 1/28/2016 8:18 AM n/a 1/28/2016 8:17 AM 54 l Annual pass for residents to city owned La Laguna launch -: 1/28/2016 7:58 AM _. 55. ,...no .... _.. _..... ..... 1/28/2016 7:54 AM_ 56. . _. Boat racing... 1/28/2016 7:34 AM 57 Lk E is just about the most restrictive lake that I have ever been around. If you don't have a boat you really NEVER 1/28/2016 7:07 AM use it. 58. no _... 1/28120165:23 AM.. 59 ..Towables _.. ..... 1/28/20164:20 AM_. ..1/27/2016 60 Races 11:40 PM - ...1/27/2016 61 tubing _... 7:24 PM... 62 Boat races 1/27/2016 7:19 PM 63 Walking the levee road with my dog. 1/27/2016 6:57 PM 64 What about inner coming 1TV's on the property to drive around? 1/27/2016 6:51 PM 65 Tubing behind a boat on specified days. j 1/27/2016 5:39 PM 66 ,, No 1/27/2016 5:35 PM 67 Marina with docks and overnight slips. 1/27/2016 5:32 PM 68 ! Boating in water that isn't green 1/27/2016 5:19 PM _.... 69 paroglider towing _.. 1/27/2016 5:12 PM Water sport racing ,.. 1/27/20165: 10 PM Tubing 1/27/2016 5:09 PM 72 More races ',. 1/27/20164: 22 PM 6/95 Expanding the Use of Lake Elsinore and Its Amenities 73 More races ... 1127/20164:16 PM 74 . towing tubes.. 1/27/20164:07 PM 75 ""..None _... ._. 1/27/20164'. 06 PM 76 .: Aqua fly boarding _._. _. ..,... .... . 1/27/2016359 PM__. .... 77 Swimming 1 1127/20163:31 PM 78 Bring back the jet ski races, hover boat races and drag boat races. : V21/2016 1:42 PM 79 Drinking, more food vendors, riverboat dinner cruise _... 1/19/2016 7104 PM 80 ..._. ... ,.. No 1119/20163.41 PM 81 ! swimming _.. ._..... _... 1/19/201612:55 PM 82 "..vendors......... _.. .. _.. .. 1/19/201612.30 PM_. . .. 83 _. Not that I know of. 1/19/2016 11:54 AM. 84 Not that l can think of .. .._... 1/19/2016935 AM 85 _... .... _.. __.... Boating at night 1/19/2016558 AM__.. _._. 86 ! Jet ski lesson, rent a boat .. _.. 1/18/2016851 PM 87 Dont know._.. ... _.. 1/18/2016822 PM 88 -: tubing, swimming 1/18/2016 7:02 PM 89 Jet ski ....... _. _. : 1/18/2016 6,18 PM. _. _... 90'.. .... - Towing inflatables ':" 1/18/2016 6',07 PM.. .. . 91'.. N/A _.. _... 1/18/20165:53 PM. _. 92 Yes I You should allow duck hunting on the lake during waterfowl season . Have floating blinds in designated areas :" 1/18/2016 3:54 PM i and charge each hunter. You can have a lottery for hunting spots . Ducks unlimited or California waterfowl have funding for such things . It can be a big revenue especially during the winter months where the lake isn't used a lot 93 Towables _... _. _... .... 1/18/2016 3:49 PM 94 Towing inflatables _._.. _... 1/18/2016 12:46 PM ... 95 - Parasailing _..... .._.. 1/18/2016 11:26 AM... 96 Parasailing, pontoon boats 1/18/2016 7:38 AM. 97 No ... ! 1/18/20164:06 AM 98 !. no opinion 1/1712016 6:25 PM 99 ": Inflatable towables ! 1/17/20165:24 PM 100 Boat rides and tours -: 1/17/20165'. 01 PM 101 1 would like to be able to walk either around the take or out on the lake. The water is not inviting at all. 1/1712016 4'.40 PM 102 ', Towables, cleaner wrier for swimming 1/17/20164: 39 PM 103 Rental pedal boats and kayaks would be nice 1/17/20163: 37 PM 104 - Put inflatable slide In lake homet did this last summer ._ .. 1/17/2016 11:42_ AM 105 Towables V171201 C 11:19 AM . 106 Pulling a lube behind the boat. We have little ones that can't ski yet. '.. 1/17/2016 10:15 AM 107 Towables 1/17/2016 8.12 AM 108 : No it's not big enough. V17/2016 8'.11 AM 109 : Kayaking '', 1/16/2016 11:15 PM 110 - towables 1/16/201610:52 PM 111 biking around lake 1/16/2016 8'.41 PM 7/95 Expanding the Use of Lake Elsinore and Its Amenities 112 No 1/16/2016 8:29 AM 113 More concerts in the smnmer 1/16/20168:05 AM :Hiking, walking and or biking paths. A pier would be nice. "1/16/20164:45 AM 115 1 would love if a guided boat tour could become a reality. I don't own a boat, would love to experience being on the 1/15/2016 11:27 PM i lake _.. _...... .. _..... 116 _. Eating, and more shade....... .._.. 1/15/201611:19 PM 117 Tubing, over night boating 1/15/2016 7:38 PM ...198 i... No _._ ! 1/15/20167:30 PM 119 _. They should have a bike/skate/running/trail/path around the whole lake so people can excersisejust like on the beach 1/15/2016 1:30 PM 120 Tubing on a towable _.,.. __.. 1/15/2016 11:56 AM _.._. 121towables ..._ _..... _. 1/15/2016 11 22 AM... 122 swimming 1/15/201610:37 AM 123 A real swim area that has lanes for exorcise swimming 1/15/2016 9'.51 AM 124 BBQ pits and fire pits and being able to swim _.._. 1/15/2016 7:45 AM . ...125 Inflatable towable.. ... 1/15/20167'. 09 AM 126 Inflatable lowables 1/15/2016630 AM 127 need a good swim beach and beach area _ 1/15/2016 5:49 AM ..128 Towables..... _.... 1/15/20163: 09 AM. 129 1 No 1/15/20161:46 AM 130 nc ...... ........ ! 1/15/201612:38 AM ,...dining on the lake _.._.... _ _.. 1/14/2016 10:14 PM .32 1 would like to launch the paddle board off the It ail by the Summerly community 1/14/2016 9:38 PM ...133 ..Tubing _. ._.. _....... _. 1/14/201612:23 AM. 134 Night fishing/trolling -.. 1/13/20169:53 PM ...135.. Tubes/towables . .. _ 1/13/20169:25 PM ...136 ,...Towables....... 1/13/20169:02 PM. 137 The boys school should be renovated and then have weddings a good chef fancy rooms another rnission inn 1/13/2016 8:30 PM 138 Towable inedubes 1/13/2016 8:23 PM 139 Floating yoga ... _.. 1/13/2016 8:10 PM ...1/13/20167: 140 Towable's _. _. 16 PM .. 141 i.. No ...... _.. .... 1/13/2016 7:08 PM 142 ! Cheaper activities 1/13/20166:46 PM 8/95 Expanding the Use of Lake Elsinore and Its Amenities �;'z. Currently, inflatable towables are prohibited on the lake. Do you think they should be allowed? Why? Anrwero,d; 21 , Skil pod: 133 # Responses. Date 1 It would be nice, but in such a small lake and so many boaters and joaders with not enough knowledge of the laws I2/2912016 1:55 PM don't think it is such a good idea. 2 ! I'm torn on this issue because I love that they are outlawed because the boats using them are always turning back and 2/29/2016 11:48 AM forth and can easily cause accidents with other boats. On the other side I know the people I take out on the lake all i love the inflatables and are bummed to find out we can't use them on lake. The traffic during summer weekends is already too much and to think that we would also add towables and the havoc they add to this would be crazy so my recommendation is allow towables on weekdays only during the summer months and everyday during rest of the year. We would use the lake more often during the off months if we could use towables 3 No, so many people do not follow the rules, Having people on inflatable towables will increase the danger of someone 2/23/2016 4:24 PM getting hurt. 4 .Yes, it would only bring in mono families. 2/23/20162:24 PM 5 yes. Gives people more options when using the lake 2/23/2016 10:41 AM 6 Yes. It would make it more family friendly lots of kids are scared to try to ski or wake board 2/2312016 9,51 AM 7 Yes, lets have Fun , consider Safety and Noise at or near Lakefront property owners _..... 2/22/2016 10:59 PM -..2/22/20168:11 8 Why not........ _. _..... _.... PM _. 9 .. .'.Yes 2/22/20162.12 PM 10 No, might cause an accident not reliable 2/22/20161 51 PM 11 Yes, this would open up more. opportunities and bring in new people possibly. 2/21/2016 11:00 AM 12 ! No, I think it's a safety issue that could cause accidents. I think it should continue to be IF, _...... _...... 2/20/2016 4:09 PIN 13 Allowable with limits. 2/19/2016 4:12 PM 14 ,Bringing more families on the lake 2/16/20166:49 PM 15 YES, AS IT WILL ENCOURAGE MORE PEOPLE TO COME TO THE LAKE AND SPEND MONEY, IF YOU SET 2/16/2016 1:08 PM SPECIFIC DAYS OR TIMES SO AS TO NOT CAUSE PROBLEMS W11 "H OTHER BOATERS 16 With the water so low, it's kind of a hazard. 2/15/2016723 AM 17 NO. 2/14/2016 3:52 PM_ . 18 No. The rider has no control behind the boat. They need special training, which at this time is not offered. 2/14/2016 3:12 PM 19 Yes. Allows for other's that can't drive a boat to have fun 20 In some areas. 21 Yes more people tourists 22 YES. They are no more dangerous than skiing or any other watercraft. PLEASE. Wo would go more often 23 Yes. Cuzz its for, 24 Yes, because it adds to more fun in the lake. 25 ! Yes. It would encourage family participation. 26 Yes, because they are fun 27j More rovenue 28 j No. Too dangerous 4X1 2/14/2016 10:10 AM 2/13/2016 11:33 AM !. 2/13/2016 4.10 AM 2/12/2016 11:56 PM 2/12/2016 8.29 PM 2/12/2016 6:45 PM 2/12/2016 530 PM 2/12/20164', 14 PM 2/12/2016 4'.02 PM 2/12/2016 3:48 PM Expanding the Use of ,Lake Elsinore and its Amenities 29 _ Yes, It allows fun for kids rather than just sitting in a boat 2/12/2016 2:14 PM 30 Not sure. Would like a safe environment to sailing and kayaking, etc. 2/12/2016 11:55 AM No. Space is too small for the type of course you need to make towing inflatables entertaining. 2/12/2016 11:28 AM " 32 ": No. There super dangerous 2/12/20161012 AM 33 Yes 2/12/2016 9'.03 AM 34. No _..... 2/12/2016 8:18 AM " 35 It's fun! Have hou been on one? As long as EVERYONE abides the water rules ". 2/12/2016 7S3 AM " 36 No, it prevents the idea of speeding around to try entertain whom ever is on lire inflatable. 2/12/2016 7:08 AM 37"No comment 2/12/20167:03 AM 38 Yes. Because without it some people aren't allowed to recreate. They may not know how or are disabled in some way, 2/12/'2016 7:00 AM to ski. 39 No. Water could enter nose. Lake Elsinore has had an amoeba case. 2/12/2016 6'.33 AM _ 40 Yesll _.... _. !: 2/12/20165.33 AM 41.- Yes. Its fun. And id use Lake Elsinore more if it was allowed. 2/12/2016 5:22 AM 42'. Yes. The kids love it 2/12/20164:07 AM 43-: Yes! They're ruts and we shouldn't have to drive all the way to A2 or NV to experience that. In addition, what is the ,., 2/12/2016 3:05 AM difference between inflatable towables and wake boards? 44 Yes. It'd be the same as a boat pulling someone water skiing or wake boarding. I don't understand why it's not 2/11/2016 11:54 PM permitted. 45 Yes _...... I,. 2/11/2016 11'.40 PM 46 y[s, because skiing is allowed ''.. 2/11/201611',36 PM ''. I think they should be allowed. They pose no more risk to participants than other tow -behind recreation like - 2/11/2016 11:34 PM wakeboarding or waterskiing when done in a responsible manner. " 48 Yes! Kids love this activity, I think it helps to bring families together. _ .. `. 2111/2016 9:29 PM . 49 :, maybe -safety concerns ...... _..... ....... 2/11/2016 8:27 PM 50 ! Yes, they would attract more people to the lake, bringing in more revenue to the city. 2/11/2016 7:13 PM 51 "' No 2/11/2016 4:49 PM 52 No. Can not control where the Inflatable goes making it unsafe for the people using them and someone hitting 2/11/2016 4:42 PM someone ejected. 53 yes. Gives people more options when using the lake 2/11/20169:33 AM 54 + Yea they should be allowed. For one its fun an another reason It will bring more people to file lake. 2/10/2016 11:24 PM 55 yes, it's one of the cheaper thrill sports to take part in and it would bring back all the local people who drive 30+ miles .-. 2/10/2016 12:55 PM " to go tubing 56 Will draw more people to the lake for the recreation. : 2/5/2016 8'.32 AM 57 ', No. People will have. accidents continually. 2/3/2016 1:52 PM 58 - No, Inflatables are dangerous and the rider does not have control of where the inflatable goes, such as a turn. 2./3/2016 12:20 PM 59 "i NO. ON MOST WEEKENDS THE LAKE IS TO CROWDED FOR TOWABLES. I BELIEVE THAT THIS WOULD 2/3/2016 9:58 AM CREATE AN UNSAFE CONDITION. 60 Yes, they should be. allowed, no different that pulling someone on a wakeboard or water ski or knee board. 2/1/2016 2:50 HIM 61 Only on week days. 909% of people that use tubes don't know what they're doing and need plenty of room to do so. S 1/29/2016 3:02 PM ' Yes 1/29/20167:24 AM _ Yes, give children and others that cannot all or wakeboard another outlet to enjoy time on the water. 1/28/2016 8'.41 PM 64 The quosllon should be why are they prohibited 1/28/2016 8'.37 PM 1"110,141 Expanding the Use of Lake Elsinore and Its Amenities 65 no 1/2W2016 8 30 PM 66 Yes. They add diversity to the lake's existing permissible activities. More diversity should bring in more revenue. In 1/28/2016 5:27 PM addition, they're fun to watch as a beach spectator. This in turn helps enhance the overall experience at the lake. 67 yes because it keeps my Kids happy and looking forward to going to the lake, and not stay home and hang out in the :. 1/28/2016 4:32 PM neighborhood. 68 Yes I do, lake Perris is the only lake in the area they are allowed so it would be nice to use them at both local lakes 1/28/2016 3'.57 PM where water contact is allowed. 69 ( They should not be allowed. They clutter a lake that is not large enough for the necessary room for the increased boat 1/28/2016 2:57 PM :- (raffle and increased likely -hood of an incident 70 No. The people driving the boats boats swerve too much to get the passenger to fly off the inflatable. 1/28/2016 1:24 PIA 71 Yes ... _... 1 1/28/2016 12:29 PM 72 No '... 1/28/201612:11 PM 73 Yes! They are very fun and affordable. ( 1/28/2016 11'49 AM 74 Yes, I certain roped off areas. There needs to be more family friendly areas 1/28/2016 11:16 AM 75 Yes, they area lot safer than PWC and they are allowed. 1/28!2016 10.16 AM 76 j NO! Bring waay too many rookies out! Unsafe!! Own home in Parker AZ, what a mess with the tubers! 1/28/2016 9:34 AM 77 ! yes, its a great way to increase revenue for lake Elsinore 1/28/2016 9:22 AM 78 i No, Towing inflatables causes people to want to whip their lowables to make it more fun, but it makes It unsafe for 1/28/2016 9:17 AM everyone else trying to navigate the lake. 79 Yes, would allow more family fun during our days boating. Right now it is difficult to get the kids excited to go to this 1/28/2016 9:02 AM lake since they are not allowed to be towed. 80 No, IAke is too small and a lot of boaters haven't a clue about right of way and direction of travel. 1/2812016 8,52 AM 81 Yes. They are no larger of a risk than worst sking 1/28/2016 8:51 AM 82 ''. Yes 1/28/20168:19 AM _. 83 Fuck No!, to many idiot boaters cannot even drive their boat correctly, let alone tow a person behind in a tow -able. _.. _..... 1/28/2016 8',18 AM 84 .. .. .... _..... No 1/28/2016 8.18 AM 85 i No due to inexperienced boaters and the lake having a directional traffic flow drivers tend to want to zig sag to and do 1/28/2016 8:17 AM 360° turns which cause serious accidents. ,. 86. _.87. sure why riot? _.... _ .... ...Yes. ...1/28/20167:58 AM _.... _... __. 1/28/2016 7'.54 AM 88 no, more of a speed boat lake. we dont need donkeys towing there kids around while we are hauling ass 1/28/2016 7:28 AM 89 Yes -it would bring another avenue of popularity to the lake. 1/28/2016 7:11 AM 90 IT'S A LAKEI!Illl It's for recreation yet the City coos not ALLOW FUN to happen on the lake and you wonder why other 1/28/2016 7:07 AM lakes In the area have more visits. 91 '.. Yes, because we have one and can't use it unless it's off season and no cops are around 1/28/2016 6:18 AM 92 Yes.. .. _. ._1/28!20165:23 AM 93 Yea 1/28/2016 12:46 AM 94 ! no. _.. - 1/28/201612: 23 AM 95 Yes ',. 1/27/2016 11',40 PM 96.., No 1/27/20'16 9:18 PM 97 - yes.! Think that would encourage more boaters to use the lake { 1/27/2016 8:48 PM 98 No 1/27/2016 8'.37 PM 99- No, boat operators while lowing inflatables regularly disobey boating laws and are unsafe. 1/27/2016 812 PM 11 /95 Expanding the Use of Lake Elsinore and Its Amenities 100 ". Yes. They are something the kids really enjoy doing. I know it's asking a lot for the general public to act responsible 1/27/2016 7:51 PM With s YOU tuber in tow but I don't see it ranch different than waters king or wake boarding. '1 Yes there no different than using a water ski 1/27/2016 7:24 PM ,2 No.. _.. 1/27/20167:19 PM 103 I Yes. Family fun for the whole family. 1/27/2016 7:11 PM 104 No. Accidents and liability 1/27/2016 6.57 PM 105 They are fun and really not much more dangerous that wakeboarding, kneeboarding, tate.... ! 1/27/2016 6:51 PM 106 yes 1/27/20166:15 PM 107 It would increase boat participation if you do allow it.. Obviously injuries and fatalities increase with that though, so it's 1127/2016 6 11 PM 6 in one hand and half a dozen in the other. I'd leave it the way it is if it were me. ..... 108 Yes _._. _. 1/27/2016 611 PM 109 ' Yes. Tubing is a big part of growing up on the lake and learning to he comfortable in the water behind a boat. I DO - 1/2712016 5'39PM NOT suggest allowing tubing on the lake on weekends when there is far too much traffic. But specified week days would be great. 110 Considered. Might increase visitors 1/27/20165:35 PM 111 -; Yes. Why? Because they are fun' 1/27/2016 5:32 PM 112 Not until you clean that water up i _... 112712016 5:19 PM 113 Yes, kids have fun. 1/27/2016 5:12 PM 114 No because the lake is to small, 1/27/20165:10 PM 115 Yes My kids love to go tubing and have to go all the way to Havasu to do it. It would be nice to do it closer to home. 1/27/2016 5:09 PM 116 No because zig zag left to right. Very dangerous. 1127/2016 452 PM 7 :, Yes they need to be. allowed to lel the entire family enjoy recreational opportunities not just boarders. ', 1/27/2016 4:38 PM .... .18 ,, No _.... _... ! 1/27/20164:22 PM... 119 ! Yes, very common for recreational boaters to do. Kids especially 1/27/2016 4:16 PM 120 !; Yes. My kids would love to be able to be towed around. Right now I have to make a 4 hour trip to lake mohave for that 1/27/2016 4:07 PM 121 Yes - No real downside, most inflatables are safely towed and are family friendly/fun. 1/27/2016 4:06 Pal 122 ! Yes, but not on holiday weekends j 1/27/20163:59 PM 123 ! Yes, they should be allowed for recreational use 1/27/20163.36 PM 124 Yes. In designated swimming areas. 1/27/20163',31 PM 125 Yes. It's one more but option that could help attract more recreational activities. 1/27/2016 2 58 PM 126 No. Would increase risk of accidents, especially amongst younger participants. Large qty o boats & PWCs, traveling 1/27/2016 10:22 AM @ high speeds & alcohol, not a good mix in my opinion. _... - 127.! Yes _.. ... _ 1/21/2016142 PM..... 128 Yes._ 1/20/20166:09 PM. 129 Yes. These are a blast and if people do this, it's at their own risk. Lel them have fun. 1/2012016 5:26 PM 130 j Yes. Entertaininenl purposes Maybe regulate speeds'?! : 1/20/2016 6:52 AM 131 Yes because it is a lake !! 1/19/2016 10:10 PM 132 Yes, because they are safe and serve the economically challenge 1/1912016 7:04 PM _. 133 No '.' 1/19/20163'.41 PM 134 '.. No 1/191201612: 30 PM i Yes. It would attract more people 1/19/2016 12:05 PM 136 Yes, hocause it gets famines out on the water together. 1/19/2016 11:54 AM 12/95 Expanding the Use of Lake Elsinore and Its Amenities 137 i YES we have a huge lake we should be allowed to do all types of lake activities including that! 1/19/2016 9'.35 AM 138 ...139 Now _ 1/18/20168:51 PM _.._.. _...... ,. ! Yeah, it would be funs 1/18/2016 8:22. PM . 140 % Yes, because they are fun and tittle kids love them and some people are not talented enough to ski or wakeboard so 1/18/2016 7.25 PM they can not participate In those activities 141 ...142 ", Yes more. family's on the lake 1118/20167:02 PM Yes 1/18120166.23 PM 143 Yes it is very fine and is not dangerous at all the current rules would allow you to tow apiece of plywood which would 1/18/2016 6:07 PM ...144 i obviously be very dangerous N/A .. _.... _.. 1/18/2016 5 53 PM 145 - Yes, because it's fun. .1/18/2016 5'.22 PM 146 Yes because it is fun for all ages and doesn't require skill like skiing or wakeboarding. 1/18/2016 5:00 PM 147 maybe float tubes for fishing only in the no wake zones 1/1812016 3:54 PM 148 Yes they will increase the activities available for families with water craft and increase the attractiveness obour lake. 1/18/2016 3:49 PM 149 j Yes but only if it is safe - 1/18/20163:39 PM 150 No opinion _... 1/18/201612:53 PM 151 :. Yes it's fun _.. 1/18/2171612:46 PM 152 !. Yes I think having those would bring more people down ! 1/18/2016'11:25 AM 153 Yes, more activity =more revenue ` 1/18/2016 9.42 AM 154 Yes, as long a safely is being manned it shouldn't be in issue 1/ 18/2016 8:10 AM 155 No comment _.. _... _... ....... "...1/18/2016 7:38 AM 156 Yes they should,but only on less crouded days. Kids love tubing and some people don't have skill for skiing or tubing. ! 1/18/2016 5, 58 AM 157 ...158 Yes but the number should have a limit on busy weekends 1/18/2016 5:52 AM No..1/18/20164'06 AM _ 159 Yes, they should he allowed because when I was a kid they were able to be used 1/17/20'16 9'.51 PM 160 '... no, safety issue. 1/17/2016 6'.25 PM 151 Yes._ They arc fun for the kids! 1/17/2016 5:34 PM 162 1 personally think they should be allowed because it is my favorite thing to do when I go to other lakes and every time 1 "'. 1117/2016 5:24 PM talk to people about our lake the fact that we don't allow inflatable towables is their only complaint. Also, the fact that :. we don't allow is cause people to go to other lakes that do allow it. 163 ; Yes it is not much different than waterskiing. I personally do not have balance to water ski or skateboard but I would 1/17/2016 5:23 PM do inflatable towables and so would many other people especially younger children. Maybe an area on the lake designated for that activity so that itis safe & firm. 164 No ... seems too dangerous cause if call puncture easily 1/17/2016 5'.01 PM 165 This should ho researched for safety reasons Does the city take on additional liability by allowing this? These are 1/17/2016 4:40 PM questions and concerns I would have. 166 ..167 ! More family fun 1/17/2016 4:39 PM Yes sounds like fun ......... 1/17/2016 3:37 PM .. 168 Yes, but only while wearing a life vest. 1/17/2016 3'.29 PM 169 They're a lot of fun, and the lake seems sizable and open enough for it to be. safe to do. 111712016 3:19 PM 170 1 think we should allow. It would It more people. 1/17/2016 2:16 PM 1'71 Yes 1/17/20161.27 PM 172 - Yes. They would bring more papule 1/17/2016 11:42 AM 13/95 Expanding the Use of Lake Elsinore and Its Amenities 173 Yes, 100%HI Currently boaters including myself who live here in Lk. Elsinore go to Lk. Perris. That is last revenue for - 1/17/2016 11:19 AM our city. Towables are fun & safe for families off all ages. '4 Yes, we have little ones that cant ski yet, We go to Havasu and that's all we do is use the tube. 1/17/2016 18:15 AM Yes they should just more fun in the Lake 1/17/2016 9:52 AM .176 .'...Yes _.. __... 1/17/20169:49 AM 177 Yes... if properly defined it is a lot of fun and can be safe. Plus they sell them locally at Costco :,; 1/17/2016 8:12 AM 178 No, If they lose there air. It's not safe.. 1/17/2016 8:11 AM 179 ,.. Yes It would be great when the wind chops the water up. 1/16/2016 10:52 PM 180 maybe 1/16/20168:41 PM 181 Yes, I believe there should be a section where inflatables are allowed. 1/16/2016 1:29 PM 182 Yes, but only a certain number. The lake is to small for to many. 1/16/2016 1.04 PM 183 yes not a hazard 1/16/2016 12:56 PM 184 Yes they are a big part of the boating experience... 1/16/2016 12:45 PM _.. 185 No 1/16/20168,29 AM 186 Yes, with safety regulations 1/16/20168.0.5 AM 187 Only in a restricted areas. 1/16/20164:45 AM 188 1 know they weren't legal before but I was under the impression as of last summer they were allowed. Tubing is a fun 1/16/2016 11:37 PM family activity and a big draw. I have 6'iends who wanted to visit Elsinore but when they found out tubing wasn't legal they went to other lakes for their mini -weekend vacations. 189 1 believe there should be a designated area for them. _. -. 1/15/2016 11:27 PM 190. Not sure... _... _. 1/15/2016 11:19 PM Yes they should, families enjoy them but everyone needs to be careful _. 1/15/2016 10.49 PM ... 192 - Yes 1/15/2016 9:03 PM 193 Yes, the waves get rough on the lake s wake boarding and skiing isn't possible on weekends. Tubing is a good 1/15/2016 7.38 PM i alternative so you can still enjoy the water on those hot days. 194- No, too many sticks/hazards 1/15/2016730 PM 195 They can be very fun. Outlawing them would likely reduce lake utilization/use and likely reduce income for the city and 1/15/2016 7:23 PM related businesses. 196 Yes they're fun. _... 1/15/2016 6,31 PM.. 197 Yes. Same as wake boarding 1/15/20162:16 PM 198'. Yes _... 1/15/20161:30 PM. 199 No they shouldn't it's a liability and people don't think at times before they do things on the lake towing. 1/15/2016 12:45 PM 200 Yes, with Increased emphasis on safely. We currently either go to Silverwood Lake and the Colorado River if we want 1/15/2016 11:56 AM 'r.. to tube. 2011 absolutelyllll people go elsewhere because we can't do it here 1/15/201611:22 AM 202 Yes I think they should be allowed. It opens up more edger unitles for recreation on the lake. 1/15/2016 10:57 AM 203 : Yes, I think more family`s would go out but it also allows for nwre injurys 1/15/2016 10:37 AM 204 Yes, they are very popular and allow a different exponence for visitors who may not be able to water ski or afford a 1/15/2016 10:14 AM lust ski. 205 It's fun. j 1/15/20169:51 AM Research what they are doing In Crestline, at their lake, they have an inflatables waterpark, Looks like fun and could 1/15/2016 9:23 AM 1 bring increased tourism to Lake Elsinore'. 207 Only In a restricted time colied , similar to the speed lane 1/15/2016 9:20 AM 208 Maybe with a speed limit they would be okay 1/15/2016 8:08 AM 14/95 Expanding the Use of Lake Elsinore and its Amenities 209 Yes.Thry are fun 1/15/20167:48 AM 210 Yes because they are fun - 1/15/20167'. 45 AM 211 Yes, it can allow for families to tow their smaller children via a small boat or personal water craft at safe speeds which; 1/15/2016 7.09 AM doesn't require much skill like a wakeboard/water ski. This would allow them to enjoy the lake as well. 212 Yes I live in lake Elsinore and have to drive to perris or silver wood 1/15/201 G 7:09 AM 213 . Yes. It would be fun. _ 1/15/2016 6 58 AM 214 : If your going to provide a fun family recreation site it should be included otherwise the Colorado River and Lake 1/15/2016 6:47 AM 234 Havasu crowd will never consider coming. Your ultimate goal is to bring more money to the community. 1/13/2016 11:14 PM 2.15 No. I thmk there are too many careless people driving boats that wouldn't follow the rules. Children that fell off of inter 1/15/2016 6:46 AM 236 tubes would definitely be in danger. -__... 1/13/2016 9:53 PM 216 _.. _...._ ... .,. °. Yes, my kids really enjoy them. 1/15/2016630 AM 217 why not, if jet skis and water skis are allowed 1/15/2016 5 49 AM 218 % Yes ... that's what my children enjoy the most as do my husband and I and a lot of times that's why we go somewhere i 1/15/2016 5:22 AM 239 !. else to boat... - 219 : No 1/15/2016 5:19 AM 220 Yes, attract more people 1/15/2016309 AM 221 No comment 1/15/2016 1'.46 AM.. 222 No, the lake can be hazardous enough as it is. 1/15/2016 1.36 AM 223 dont have an idea on this subject 1/15/20161238 AM 224 ! Yes, not everybody can water ski. 1/14/201610: 14 PM 225'. No, towing someone through boat traffic seems dangerous. My vision would be that the lake be used for exercise 1/14/2016 9:38 PM 226 227 228 229 versus speed boats No. Too dangerous on this take. Its not big enough and there too many inexperienced boater here. Yes the should be allowed in a designated area We are dream extreme but we can't ride on floaties behind a boat? 1/14/2016 9'.05 PM 1/14/2016 5:54 PM Yes everyone allows it. 1/14/2016 2:54 PM Yes its a great activity for the kids as well as adults stop worrying about people getting hurt it's a part of life no one is 1/14/2016 2:34 PM 15/95 guaranteed a tomorrow at least we can have a blast while we're here and fun for the family together. 230 '. No, we have sit-down personal watercraft riders on the lake that have no regard to anyone's safety and will end up1 1/14/2016 11:41 AM running over and hurling someone. The tow behind rider has no control of his or her ride and will not be able to get out } of harms way. 231 '.. No. Lake Elsinore is too small and crowded in peak season for inflatables 1/14/2016 6.34 AM 232 Yes _. 1/14/2016 5:17 AM. 233 Yes, they should use the quick release technology for safety. It's fun gets more people of all ages on the water. 1/14/2016 12:23 AM 234 Yes, in order to increase positive views of the lake. _. .. 1/13/2016 11:14 PM 235 ! not sure 1/13/201610: 52 PM_. 236 of course they should be allowed! Its a lake for Gods sake! 1/13/2016 9:53 PM 237 Yes but maybe only on weekdays and on non busy weekends 1/13/2016 9:25 PM 238 - Yes, Inflatable lowables are a fun past time of mine. We would go to Lake Powell and have a blast with family and 1/13/2016 9:17 PM friends. 239 AbsolutelylL Most people on the lake have kids and the kids, just like the adults love riding these ° 1/13/2016 9'.02 PM 240 Yes, they pose the same if not less risk than jet skis 1/13/20168.59 PM 241_ Yes, there fun for the family and kids, and are easy to see, easier'to see then knee boards which are allowed 1/13/2016 8:46 PM 242 Yes. I'm not aware of a reason for it to be denied. 1/13/2016 8:31 PM 243 Why not let yhem 1/13/20'16 8'.30 PM 15/95 Expanding the Use of Lake Elsinore and Its Amenities 244 Yes. More recreational fun. ',: 1/13/2016 8:30 PM 245. Yes! They are no different than towing a skier/wakeboarder and numerous people are using them anyway without 1/13/2016 8',23 PM being cited by police. _,6 ! Yes and no people pulling inflatables like to try and throw the person off by swerving back and forth. Boats have to 1/13/2016 8:18 PM i then dodge the swerving and the person if they get thrown off. 247 Yes, the quality of inflatables is very good and the popping of the past is no longer an issue. Also boaters that pay 1113/2016 8:12 PM hundreds for inflatables are also very educated regarding safely. 248 Yes. It would make for more fun fon families. .f 1/13/2016 7:44 PM 249 Sure, why not? Is there a particular reason they are not permitted now? ! 1/13/2016 7:37 PM 250 Yes . I always wondered , why not ? _... _ _.. 1/13/2016 7:16 PM .. ... ..251 No too dangerous .. _..... _.. _... _._... 1/13/2016 T08 PM _. ....252 ,-..Yes .... _.. _....... 1/13/2016707 PM.. 253 ! Yes. My kids would love to be, able to go tubing. Especially the ones who can ski. They feel left out. 1/13/2016 6:29 PM 16/95 Expanding the Usc of Lake Elsinore and Its Amenities _#` The City is considering opening designated courses on Lake Elsinore for Personal Water Craft/Stand Up Jet Skis, would you be interested in using this type of amenity? An:;v✓cv d� 361 Skipped: 2.2 Yes No Maybe 0% 10% 20% 30% 40% 50% 60% 70% 80% 901% 100% Answer Choices Responses _..... Yes . 42.03 No 26.92% 98 _. Maybe 31.04% 11.3. ..Total _. 364 17/95 Expanding the Use of Lake Elsinore and its Amenities Q What, if any, concerns would you have with designated Personal Water Craft/Jet Ski course? Answerod: 173 Sk upped: 21 # Responses _. _. Date. _. _.. ..2/29/20161:55 1 _. ...none PM. 2 6 My only concern is them understanding that the rest of lake is running counterclockwise as there are too many that are 2/2912016 11'.48 AM going clockwise to get back to their daycamps. 3 None 2/23/20161041 AM 4 '. Norio 2/2312016 9:51 AM 5 Safety and Noise at or near Lakefront property owners : 2/2212016 10:59 PM 6 None _..... 2/22/2016 8'.11 PM 7 The course should be completely separatefrom the boating area(s). This would be true especially if towables are !. 2/19/2016 4.12 PM allowed on the lake. 8 -: Would need to be. monitored for people who don't observe the safety rules j 2/16/2016 6'.49 PM 9 NONE 211 6/2 016 1',08 PM 10 Danger to others with the limited amount of space available 2/15/2016 7'.23 AM 11 All I can think about is our water level and preserving it. 2/14/2016 352 PM ' Al this time they dont abide by the rules as it is. We need to enforce the already existing rules. 2114/2016 3:12 PM Too crowded Plus we live two blocks away so too noisy. _.. 2/14/2016 2'.51 PM 14 -. Reduces lake use for boats.. 2/1412016 10:10 AM.... ... 15 None.........2/1312016 4 13 PM..._.. 16 Sober ry participants. Licensed and insured drivers. 2/1312016 243 PM 17 It's a great idea 2113/2016 11:33 AM 18 None 2/1212016 11:56 PM 19 Lake is to small to make designated spots. j 2/12/20168'. 29 PM 20 fm not sure what is aicant by a designated "course" and haw would someone know where it is ':- 2002016 4 14 PM 21 ! 1 dont agree with designated course, that would make it more conjested. I dont that idea. 2/12/2016 4,02 PM 22 Lack of common sense from the operators. ! 2/12/20162, 14 PM 23 Would not like being limited, but be able to use entire lake for personal watercraft. 2/1212016 12:21 PM 24 We ride jetsid s, but for recreation, not racing. 2/12/2016 11:55 AM 25 1 think this is a good idea because it may keep people safer while enjoying these activities. j 2/12/2016 11:42 AM 26 Will PWCs still have the run of the lake as well. If so then it is great to have a course. Of the course becomes the 2/12/2016 11:28 AM ONLY place for PWCs then it is not. 27 None 2/12/2016 8:18 AM 28 Great safety away from boats -: 2/12/'20167: 03 AM 29 no concerns 2/12/2016 7:00 AM None 2/12/2016 6:33 AM 31 Tho drinking 2/12/20164:07 AM 18/95 Expanding the Use of Lake Elsinore and Its Amenities 32 The lake isn't that big to begin with so why designate a specific area for jet skis when it would be taking away from 2/12/2016 3:05 AM boaters? 33 If you're plans of opening designated areas for these types of water crafts, you're basically saying they'd only be 2111/2016 11',54 PM ! allowed in that particular area. So, I'd be concerned with that area becoming overpopulated; as well as concerned with angry people not being able to enjoy their water toys. Due to either waiting for it to be less crowded, or being in the { water in an overcrowded designated area. Those are my only concerns at this time. 34 I That personal water craft would be limited in other sections of the lake. i... 2/11/2016 11:34 PM 35 _. Education, relating rules and regulations to newcomers to the lake. Posted signs, flyers at entrance. 2/11/2016 929 PM 36 i safety, noise 2/11/2016 8 27 PM 37 I would not have any concerns. _..... ...._ ..... __. -- 2/11/2016713 PM 38 safety 2/11/2016 4:49 PM 39 Most tickets and accidents on the water go to pwc. They need to have an area for to enjoy. 2/11/2016 4:42 PM 40 None. 2/11I2016 9:33 AM 41 'None, lets do this already! 2/10/201611 24 PM 42 Injuries resulting in city being sued 213/20161:52 PM 43 j Typically, PWC owners are less experienced with boating and do not respect boating etiquette. 2/3/2016 12,20 PM 44 AS LONG AS IT IS NOT IN FRONT OF OR NEAR CRANE LAKE I AM GOOD WITH THIS, 2/3/2016 9:58 AM 45 _46 ; Quantity of pwc s allowed on the course at once? Experience Ieve1/ability to operate safely? _... _. 1/28/2016 8:41 PM dangerous.. _ _..... .... 1/2A/20168:30 PM 47 Designated courses might cut into the overall usable area that users equally enjoy. In addition, these courses might 1128/2016 527 PM create o sense of reduction to the open -feel that the lake currently provides its users. 48 it Would keep from out of the way for testing of High performance boats at hi speeds, the industry is getting faster and 1/28/2016 4:32 PM j this lake is perfect for testing.,! 49 None. I think it Would make the lake a lot safer for boaters and jet ski riders A large portion of jet ski operator's are 1/28/2016 3:57 PM unexperience and create dangerous situations for boaters. 50 none $ 1/28/20163: 47 PM 51 _..92 1 A course would he sufficient as long as they are kept in that location and not free to roam the lake _.. ? 1/2812016 2:67 PM _... None. _1/2A/2016221 PM '.. 53 You should separate the PWC area like marry SoCal lakes. Makes it safer for both boaters and PWC operations, 1128/2016 12:11 PM 54 There needs to be controlled speed limits : 1/28/2016 11:16 AM 55 That is a great idea 1/28/201610:16 AM 56 Good, could separate the boats and skis a little more! ,:. 1/28/2016 9:34 AM 57 Enforcement 1/28/2016 9:17 AM 58 1 believe they should he allowed to use the entire lake. Confining them to a certain area discourages families to come i 1/28/2016 9'.02 AM _.59 to the lake who have PWC and boats. j Danger/hazard. _.... 1/28/2016 8:35 AM. 60 None 1/28/20168: 19 AM _. 61 If they ignored the course and started to make the "No Wake" buoys as part of there own personal course. : 1/28/2016 8:18 AM 62 None f 1/28/2M 16 8:18 AM 63 -. the lake is small enough already and taking away the waterway would create more comedian with other boaters 1/28/2016 8:17 AM 64 Drinking and extrema noise pollution 1/28/2016 8'.0'1 AM 65 jet skiers ruin waterski!ny conditions In early mnming and follow (chase) boats to close to JUMP wakes behind 1/28/2016 7'.58 AM waterskiers possible running lowed person over', 66 Jet ski's In general are a danger to boats. Too marry unqualified operators 1/28/2016 7:34 AM 19/95 Expanding the Use of Lake Elsinore and Its Amenities 67 it is a great idea, parker az should do the same. get them out of our way! those little maggots turn left and right without 1/28/2016 7'.28 AM 1/20/2016 7:23 PM looking constantly 1/20/2016 6:09 PM ^ None. Honestly, the lake should be open to Personal Water Craft/Jet Skis on the entire surface of the lake. Are there 1/28/2016 Try AM lanes just for small cars like the Smart on the roads? 69Accidents 1/28/2016 6.18 AM 70 EMT Patrol on the water needed for this. 1/28/2016 5:36 AM 71 , Keeping them contained 1/28/20165:34 AM 72 1 think it is a great idea 1/28/2016 5:23 AM 73 ! None it would definitely keep them out of boat traffic 1/28/2016 4:20 AM 74 keeping it to one designated area f 1/28/2016 12:23 AM 75 None 1/27/2016 11:40 PM 76 Separate them from boats 1/27/2016 10:00 PM 77 i Keep them off. Boats and PW are a bad mix, especially on a smaller lake. PW users are notoriously making sudden 1/27/2016 9:14 PM turns w/o looking 78 =. safety 1/27/2016 8:48 PM 79 Separate the course from boats. _ .... 1/27/2016 8 38 PM 80 -...Safety _ ._..... ... .._.... _... 1/27/2016837 PM_.. 81 No concerns. It could possibly make the waters safer by giving them in arca to mess around in that is fee from boat 1/27/2016 7 51 PM .-. traffic. 82 Uneducated, errant riders .. 1/27120167:19 PM 83 :. Over crowding in a small area. 1/27/2016 7:11 PM long term maintenance costs, consistent rules enforcement, lack of city ser aces required to properly maintain. .... ... 1/27/2016 6:57 PM .1/27/20166:51 ;._Doesn't really apply _.... PM.__.. 86 They're bad enough at the river.. _ 1/27/20166:11 PM _... ...87 ....Traffic with my boat _...... ..... 1/27/2016 5:35 PM 88 The health of the people in the water. 1/27/2016 5:19 PM . 89 none _.... 1/27/2016 5:10 PM 90 Is it set up like a race coursev if not than no purpose for It 1/27/2016 4 52 PM . 91 !. Saftey 1/27/2016 4 50 PM . 92 Taking up available lake space 1/27/2016422 PM 93 ! What type of course are you talking about? Or is it going to be just a designated area. :' 1/27/2016 4.16 PM 94 PWC driver education, driver awareness issues. 95 - Keeping them from crossing boat traffic,. They seem to be the largest safely concern on the lake. And it seems as though they do not mind the direction of travel that is supposed to be followed. 96 Making the lake too crowded to fish 97 None 98 99 100 101 10 1/27/2016 4:06 PM 1/27/2016 3:59 PM 1/27/2016 3:36 PM 1/27/20163:31 PM - Depends on where the course is planned for & how it would impact human powered vessels (kayaks, paddleboards). .. 1/27/2016 10:22 AM - Sounds dangerous, if not large enough! 1/20/2016 7:23 PM None 1/20/2016 6:09 PM Loudness and safety at beach/ sand areas '.. 1/20/2016 6:52 AM Norio 1/19/2016 7:04 PM Pollution. Safety. 1/19/2016 3:41 PM 20/95 Expanding the Use of Lake Elsinore and its Amenities 104 None j 1/19/2016 12:30 PM 105 the lake is shrinking quickly, there is not enough room right now. ':' 1/19/2016 12:01 PM 106 That the proper age limits for said personal water crafts are maintained. 1/1912016 11:54 AM 107 Going to need more patrols on the lake making sure everyone is safe! 1/19/2016 9 35 AM 108 CLEAN WATER! 1/19/2016 913 AM 109 Lake is too small for designated courses. Would limit space for other activities. 1/19/2016 5:58 AM 110 -. Riders are rarely experienced and pose a threat to boaters. 1/18/2016 8:44 PM 111 That it would not get used —..... 1/18/2016 7:02 PM 112 ... _.. ....... ...... I need more information 1/18/2016607 PM . 113 to dangerous 1/18/2016 3:54 PM 114 `: I do not use water crafts. ._ .... 1/18/20161253 PM 115 _.. .. _..... _.. _ Not sure _ 1/18/2016 12.46 KIM 116 The lake isn't very big and in some areas very shallow so a designated area may take away from boating areas 1/18/2016 8:10 AM 117 Safety :. 1/18/2016 7:38 AM 118 ! None. Sounds like a good idea _.. 1/ 18/2016558 AM 119 ! Safety. 1/18120164'. 06 AM. 120 ! Insurance and Bond for their use 1/17/20166'. 25 PM 121 None as long as owes would also be. allowed anywhere on the lake. _ : 1/17/2016 5:34 PM 122 _ None great idea 1/17/2016 5:23 PM.... .... 123 That only a certain amount be allowed on the lake in a certain time period,for safety purposes. 1/17/2016 5:01 PM 124 1 just don't want to get in the water. If the water wasn't green, paddle boarding would be fun but I just can't bring 1/17/2016 4:40 PM myself to get In the water. 125 ! None 1/17/2016 3',37 PM _.. 126 None 1/17/201611:42 AM 127 I'm all for people using the lake, but the Jet Skis are the ones who don't obey the direction of travel. Perhaps the 1/17/2016 10:15 AM designated area will help this problem. 128 .. No ',.- 1/17/2016 9:49 AM 129 None '., 1/17/2016 8:12 AM 130 Keep them in there own area. Where people arc in the water in there own area also. '': 1/17/2016 8:11 AM 131 people are rude, they need to be monitored. you should have security to ensure no bad actors ruin it for everyone else 1/16/2016 8'.41 PM 132 The lake is not big enough 1/16/20161'. 04 PM 133 That use would be confined to the designated courses. 1/16/2016 12:45 PM 134 People often lack judgement and over their abilities. 1/16/2016 8:29 AM 135 !. Mokc sure waivers are in place thus avoiding any possible litigation. 1/16/2016 4'45 AM 136 There isnit enough water to support that kind of activity. 1/15/201611:37 PM 137 None ':. 1/15/'2.01611:19 PM 138 = Ruin the fun for boaters- 1/15/2016 10:49 PM 139 ", None ':. 1/1 5/2 01 6 9'.03 PM 140 The people who use rental skis and clearly don't have baiting courtesy and Tido way too close to water craft. 1/15/2016 7:38 PM 141 : None _ 1/15/20166:31 PM 142 Accidents :. 1/15/20162:30 PM 21 /95 Expanding the Use of Lake Elsinore and Its Amenities 143 None s 1/15/2016 1:30 PM 144 Participants being too reckless and with others around .... ... 1/15/2016 11:56 AM .... The liability.... .. .. 1/15/2016 10:37 AM 146 Accidents due to speeding - 1/15/2016 10:14 AM 147 Could be crowded. Could the area expand as needed? 1/15/2016 9 51 AM 148 As with the towable you to set a designated area that would be out of the normal boating pattern ..... .... _. 1/15/2016 9:20 AM ... ..149 None .. _ 1/15/2016 7 45 AM 150 The speed of personal watercraft near the towables. 1/15/2016 7 09 AM 151 m for it Would have some separation 1/15/2016 7 09 AM ..._.. 152 Don't know haw it would work. Need more info. 1/15/2016 6'.58 AM 153 Boats obeying the designated course. 1/15/20166.47 AM ...154 ...,..Safety. _. _.. .. _...... ._..... ,.. 1/15/20163.09 AM -... ...155 .....None _.. .... ....... ......... 1/15/2016146 AM 156 safely concerns 1/15/2016 12:38 AM 157 i None with the course idea but they need to have more police presence or security before I take my children there. 1/1512016 12:38 AM 158 As long as it does not impede other uses it is fine. 1/14/2016 10:14 PM 159 More gas and pollution 1/14120169, 38 PM - 160 Water crafts on this lake should only be allowed in designated courses for everyone's safely. 1/14/2016 9:05 PM 161 Getting rid of homeless people 1/14/20162:57 PM 162 1. Safety is always an issue with sit down personal watercraft. I would like them to complete a safety course prior to use 1/14/2016 11:41 AM Cost 1/14/201611:14 AM 164 !. None _..... ..._.. 1/14/201612:23 AM ...165 : safely 1/13/201610:52 PM 166 That Is a nice idea, but it would only serve s few people who have water crafts like that. Make something that ALL can 1/13/2016 9:53 PM `. enjoy! Ziplining over the lake maybe! 167 Not sure I think it would depend on what they had planned 1/13/2016 9:25 PM 168 Feeling restricted on where we can ride. 1/13/20169:17 PM _.. 169 None. 1/13/20169:02 PM 170 The lake Isn't that large to begin with, so It world reduce the size of the lake for boating which Is Its prlmary use 1/13/2016 8:59 PM 171 One section of the lake. But no where else. ! 1/13/2016 8:30 PM 172 Not a concern as long as they do all there crazy turns and junk in there area. Maybe it will keep them away from my 1/13/2016 8.18 PM boat trying to jump my wake. - 173 It's a good idea to give thorn an area to do their thing In so they're away from boats and wake borders 1/13/2016 T.16 PM 22/95 Expanding the Use of Lake Elsinore and Its Amenities Q7 How often do you use the public beaches for activities? Answnml; 3'14 $kippcd; 12 Often (>_ 1 time per week) 1 - Regularly (1' to 3times p tig-'1 EEO Occasionally (3 to 6 time... Rarely (1 to 2 times per year) Never 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Often ( >_ 1 time per week) 5.61 Regularly (1 to 3 times per month) ':: 14.97% _. _. ..... 56 Occasionally (3 to 6limes pei year) _. 30,21% _._ 113.. Rarely (1 to 2 times per year) t. 30.21% _... 113 Never ',: 18.98% 7 Total 374 : 23/95 Expanding the Use of Lake ,Elsinore and Its Amenities :. Which activities do you participate in at the lake's beaches? (select all that apply) Atu:*rceed: 3d'7 ;31aIPpe+�: 3Si Fishing Picnicking BBQing Bonfires Volleyball Football Answer Choices Responses Fishing .. 32.85% ... 114 Picnicking 52.45% ........ .18.' _. BBQing 42.36% 147 Bonfires t 28.82% 100 Volleyball 12.10% a2 6.34% .... Football Sunbathing 35.73% 124 24/95 Expanding the Use of Lake Elsinore and Its Amenities 25/95 Reading 22.77% 70 Yoga 7.49% _........_.'C Meditation ... 8.93% -.... ... ........ Exercise 24.21% 84 None of the above 19.88%...6 Total Respondents: 347 4 Other (please specify) .. .._ Date 1... ...._. ., walking my dog _... _ _.... 2129/2016 1.55 PM....._. 2 Re Cars _..__ 2/2912016 11:48 AM ... ...... 3 ! We live on the lake, we use our own beach. ', 2/14/2016 3:12 PM 4 i Camping 2/12/2016 4:02 PM 5 ! Dog walking 2/12/2016 12:21 PM 6 ! The last time we walked along, dead fish everywhere -not pleasant to come back 2/12/2016 11:55 AM 7 Walking, enjoying The beautiful lake in the moldings, 2/12/2016 8:18 AM 8 .boats that offer rides kids and fishing 2/12120167: 03 AM 9 Socializing. 2/12/2016 5:22 AM 10 Biking and walking at the levee 2/11/20164:49 PM 11 Taking my dog on a walk 2/10/201611:24 PM 12 swimming,relaxing while out boating on the lake 2/1/2016 Z50 PM 13 Sunset and/or sunrise walks, including jogs (a dedicated walking/jogging course encircling the perimeter of the lake is 1/28/2016 5:27 PM a must). 14 Boating/Mooring/Socializing 1/28/20162: 57 PM 15 ! There is a lot of homeless and pan handlers during the summer which makes the area uncomfortable. As a lawyer that 1/28/2016 10:14 AM Is a huge liability issue. 16.. ...Spectating races .1/28/2016 8:26 AM_ 17 Just kicking back and relaxing, talking to other boats with the same type's of boat. 1/28/2016 8:18 AM 18 to many ghetto people -:' 1/28/20167: 28 AM 19 _20 there is no reason...... you cant swim ....... 1/28/2016 7 07 AM Watch races _.... _... ...1/28/2016 5',34 AM 21... ;,.. Walking the dog _ _.. 1/28/2016 4:20 AM .... 22 -. Socializing j 1127/2016 5:35 PM 23 1 would like to use the lake's beaches more; there really isn't much space to do so. Ill more bbq facilities, more of 1/27/2016 3:59 PM the land used for trails and relaxing such as reading, bicnicing, eta 24 Leisure 1/20/20165'. 40 AM. 25 i The beaches of the lake are also a dirty mess. hlopefully the city will clean this up as well. 1/19/2016 9,13 AM 26 .. Walking 1/18/20168:22 PM 27 I'm new to Lake Elsinore and would like to learn more - 1/18/2016 7:38 AM 28 Cont use just want best safety practices applied - 1/17/2016 6:25 PM 29 We went to the beach to run our dog and a homeless (high) person took an aggressive posture. We felt uncomfortablo 1/17/2016 4:40 PM 7 and loft. Also, there is a lot of trash down by the lake. The lake area is depressing so we don't go. 30 The beaches are loo dirty 1/17/2016 4:39 PM 25/95 Expanding the Use of Lake Elsinore and Its Amenities 31 ! Concerts at La Laguna 1/17/2016 12:07 PM 32 A playground would be nice and more shade!! 1/17/20169:16 AM I court because of the safely._ _.... _.._. 1/17/20168:11 AM ._... ,....... ..... 34 i...4th July fireworks 1/16/20168:41 PM 35 Just taking a walk 1/16/2016 5:04 PM ... ...1/16/20161:04 36 Camping....... _... _.... PM :. _. 37 The public beaches for a lack of terms, nasty. ! 1/16/2016 4:45 AM .38 : Swimming and wading 1/15/201611:37 PM 39 ; lust walking 1/15/201610:37 AM 40 Sand castle building with cub scouts 1/15/201610:14 AM _.. 41 i Photography _. 1/1512016 8:08 AM 42 The lake is too dirty to consider using beach areas _... 1/15/2016 5:19 AM _.. __ ,.. 43. -....taking the dog to swim _..... _...._ ._.... 1/1512016 1:36 AM..... 44 just a simple walk is all we need sometimes 1/15/2016 12:38 AM 45 To many homeless people there not safe 1/15/201612:38 AM .. 46 ! swimming... _. 1/13/2016 9:53 PM _..... 47 Walking my. dog 1/13/20168: 30 PM .. _ ...1/13/2016 48 !. Horse shoes... _...... ,.. _.... 818 PM 49 ! Hanging out with other boaters or family : 1/13/2016 6'.29 PM 26/95 Expanding the Use of Lake Elsinore and Its Amenities Which activities and/or amenities would you like to have available on or around the lake? (select all that apply) Answered;367 Shipped: '19 Lake Events < " r` Fun Zones �� > s >' a �' s Way 7 Private or Public.. Increased Programing Increased 4jy I+ Concessional. ili8 r MENgyypp` 11 Water Quality Improvements More Public Beaches Dog Beach Fire Pits , Workout Areas on the Lake Trails Lounge Areas w, More Picnic Areas (e.g.... FoodlBeveiage Vendors None of the Above 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 10D% Answer Choices Responses Lake Events 68.39% 251 27/95 Expanding the Use of ,Lake Elsinore and Its Amenities ". A&M 43.05% 158 Fun Zones + 55.31% 203 Private or Public 6tler'lainmenl Events ... ........ _.. ,. _ _. _. 21.25% 78.. Increased Programing 39,51% 145 Increased Concessionaire Options ...270 ........ 73.57% Water Quality Improvements ... _. ..._. _.._ ...... 36.51% 134.... More Public Beaches 38.69% 142 Dog Beach =. 55.04% 202 Fire Pits __. _. _. 25.61% 94.. Workout Areas on the Lake 9 53.13% 195 Trails _..... _. .........135 ... _.. _.... .. 36.78% Lounge Arras More Picnic Areas (e.g. Benches, Umbrellas) _. _.... ,...55.59% 48.50% .... _..__._..204.. 178 ..... Food/Beverr age Vendors._. I. 1.36% 5 None of the Above Total Respondents: 367 #.. ,.. Other (please specify) Date _.. _. _.. 1 .....Gas Dock... : 2/29/201611:48 AM. Give Lakefront Property owners free Lake use permits, cause we deal with fish Kills, Floods & Trash landing on our 2/22/2016 10:59 PM ',- property, & help stranded Lake users etc. 3 ! No place to have concession stands on the lake, lakes away from the already existing businesses here already. 2/14/2016 3 12 PM __.. _....Kayak rentals / tours ...... _ _... 2/13/2016 152 PM 5 Cleaner lake for swimming distances 2/12/2016 6.45 PM 6 + Water front resturants with lake view (a real marina) 2/12/2016 10:16 AM 7 d Shops, more states, a small walking area along the wholo lake, we can have people coming down the Ortega and 2/12/2016 8 18 AM enjoying our shopping areas, 8 ':. quality restaurants, cleanup of the beach, the sand quality is horrible 2/12/2016 7'.17 AM 9 'Boardwalk with restaurants 2/12/2016605 AM 10 get rid of the homeless 2/12/2016 5 33 AM.. 11 movie nights, kite Flying events, produce markets, 2/11/2016929 PM 12 ! Restaurants w/ outdoor seating and liver entertainment! 2/11/2016 8:27 PM 13 Class 1 biking and walking trails 2/11/2016 4',49 PM 14 CONCERTS 2/3/2016 9:58 AM 15 ! Improved water quality! 1/28/20168'. 41 PM 16 ! more fishing area 1/28/2016 3'.47 PM 17 More equipment rentals 1/28/2016 1149 AM ' i Make Main street vibrant. You have the downtown master plan, why isn't It being implemented? ! 1/28/2016 10:14 AM Boat racing '.. 1/28/2016 8',19 AM 20 water quality is pretty decent since aerlation lines placed 1/28/2016 7:58 AM ". A&M Expanding the Use of Lake Elsinore and Its Amenities 21 ! Cleaner Water 1/28/2016 7:54 AM 22 ! racing 1/28/2016 7'.28 AM 23 -: 1 dont care, we live on the lake so don't use public areas : 1/28/2016 6:18 AM 24 The green water is just nasty. Usually just test drive boats. Would use regularly is water was cleaner 1/27J2016 9:14 PM 25 Water Quality is a HUGE ISSUE 1/27/20166:51 PM 26 7777. 7777 7777. -: restaurants 7777. 7777. 1127/2016 6:03 PM 87 : Dedicated drag boat area 1/27/20165:35 PM....... 77_7_7 28 Marina with docks, marine store and restaurants. 1/27/2016 5 32 PM 29 Clean that Lake up! 1/2712016 5:19 PM....._. 30 sailing 1/27/20165:12 PM 7777 7777 31 Public showers 1/27/201610:22 AM 32 Bring back the car shows and street fairs, bring back the concerts at the stadium 1/21/2016 1:42 PM 33 Multiple vessel family lake permit .... Was planning to sell off my boats this spring... Elsinore is too expensive.... Maybe 1/20/2016 7 23 PM add two dollars to each home owners property tax bill and make the lake free to RESIDENTS 11I 34 .- If these are increases then.. More bathrooms and parking. Less rocks more sand areas so wade in 1/20/2016 6.52 AM 35 no dog beaches, people here are not responsible enough, from the littered fish hooks to the not picking up poop _7777.. 7777. 7_777.. 1/19/2016 12.01 PM 36 7777.. 7777.. 7777 !. Hotels ..1/18/20166:23 PM_.. 37I Patrol.._ 7777.. 7777. 7777 ! 1/18/2016 4:43 PM.. 7777.. 38 7777 7777. 7777. '... running/biking trail 1/18/2016 12:53 PM 39 If you had all those we would use it way more often. We need bike trails, concession stands, bathrooms. Restaurants 1/18/2016 9:42 AM and pier! 40 Nice hotel. Water front restaurants ! 1/18/20164:06 AM 41 I might even go to lake then. Ill 7/2016 6.25 PM 42 Water Park, fuel station for boats, food vendors 1/17/2016 5.34 PM 43 : Bed & Breakfast Cabins or Vacation Rentals along the shoreline on some areas of Lakeshore Drive where currently it - 1 /17/2016 5:23 PM IS just vacant lots with restrictions. Also a boardwalk along the lake with shops & restamanls where boaters can also dock & dine. 44 A lit boardwalk or pier would be amazing. A water jet with lights would also be, really cool to see from the lake, from 1/17/2016 4:40 PM ''. the freeway and the Ortega. 45 No fires at all because of how dry the land is. Put in concrete walk ways around the lake with nice concrete benches. 1 1/17/2016 8',11 AM 46 A designated bike trail around the lake would be fantastic! 1/16/2016 8:29 AM 47 Lake/Beach Pol!cing. Clear the area of drug addicts and homeless people. Turn something Into a homeless shelter 1/16/2016 8:05 AM 48 Public pier....._ 7777 7777 1/16/20164.45 AM.... 49 Fewer transients. 1/15/2016 11:37 PM 50 ! Keep water levels higher, quality cleaner, trash picked up 1/15/2016 7:30 PM 51 Trails around the whole lake for excersise bikes skates etc ':' 1/15/2016 1:30 PM 52 More parking for public beach. Rescrvabic shelters. ''. 1/15/2016 1156 AM 53 Definitely more shade, especially in the summer. 1/15/2016 10:14 AM 54 A nice restaurant on lake where you could dock would be great „ 1/15/2016 9'.20 AM 55 : Clean restrooms, restaurants, more parking 1/15/2016 7:45 AM fir, Make It Saferus to go dawn therel 1/15/201612:38 AM 57 Splash pad 1/14/2016 7:52 PM 29/95 Expanding the Use of Lake Elsinore and Its Amenities 56 get rid of homeless people 1114/2016 2:57 PM 59 more shade, walking trails around the lake 1/13/2016 10:52 PM Separate a "fishing only beach. I hale when I step on old fishing hooks when swimming with fishermen. 1/13/2016 9:53 PM 30/95 Personal Water Craft Races Boat Races Float Days/Nights Jet Boat Races Pontoon Nights X-mas Light Parade Concerts/BBQs Workout Event Polar Plunge Expanding the Use of Lake Elsinore and Its Amenities Which types of events would you be most interested in seeing on the lake? (select all that apply) Ansxerea: 169 Slslp;xx@- 1? 0% 10% 20% 30% 40% 501Y. 60% 70% 80% 90% 100% Answer Choices. ..Responses.._ _..._ Personal Water Craft Races 39.30""/0 145 Boat Races 59.35%. 219... Float Days/Nights 48.78% ..........180 Jet Boat Races 49,32% _... ............182 Pontoon Nights 38,21% 141 X-mas Light Parade 68.83% 254 Concerts/BBQs 71.82% 265 Workout Event.', 21.95% 81 Polar Plunge 18.97% 70 Total Respondents: 369 # Other (please specify) 31 /95 Date Expanding the Use of Lake .Elsinore and Its Amenities 1 = Nice hotels on the beach!!! ! 211212.016 11:,56 PM 2 Family events, events for the teenagers 2/12/20168'. 18 AM canoe races, paddle board races, water cycling, .... _ .. 2/1112016 9'. 29 PM `.... ... 4 Live music.... 2/11/2016 8 27 PM 5 !: Speed ski races, keep the unlimited speed area available 2/11/20164'.42 PM 6 These all sound funs 2/10/201611:24 PM . 7... Volleyball tournaments 1/28/2016527 PM 8 Water ski races/Endurance races 1/28/2016 2:57 PM 9..... : Drags, circle boats 1/28/20168'. 52 AM 10 BRING BACK THE JET BOAT DRAG RACES, THE LAKE NEEDS WATER!!!! 1/28/2016 8.18 AM 11 waterski races and the Endure boat racing event 1/28/2016 8:17 AM 12 verve races should have there only subcategory also, if the jets get one, we get one! _... .. _.. : 1/2812016 7.28 AM _... ..... 13 WATER SKI RACING .. _... ...... ._ 1/27/2016845 PM. _. 14 dingy racing... _... 112712016 5,12 PM__.. 15 Paddling events -Outrigger, Standup Paddle, Prone 1/2712016 10'.22 AM 16 CHRISTmas light parade and ':. 1118120165:00 PM 17 No boat races -Safety Issue 1/17/20166:25 PM 18 Again, I think all of these events sound amazing. But the homeless, trash and bad water quality have to be corrected 1/17/2016 4:40 PM first. When that is done, start bringing these amazing suggestions to reality. This city is a gem to polish. I support any smart efforts toward investing in our lake's water quality. From there, you'll find my support for activities. 19 More pubs/restaurants on main st. and a pier. j 1/1712016 3:37 PM X-mas parade would be amazmgn!! _.... _.... 111 7/2 016 10:15 AM _. 21 Keep it safe 111712016 8.11 AM_ _. .1/16/2016 22 ! Weddings _.. _._.. 11,15 PM.. 23 - First clean up the lake 1/15/201612: 45 PM 24 Summer movie nights with the screen on the beach and the visitors allowed to float in the water during the movie 1115/2016 10:14 AM 25 Polar plunge! I like that idea!! - 1/15/20169: 51 AM 26 A lake clean up day with a raffle for prizes or a free launch at Ia Laguna for participating in a cleanup -- 1/15/2016 9:20 AM _. 27 Get scourity!gl! .._ . 1/15/201612:38 AM 28 i get rid of homeless people 1/14/2016 2:57 PM. 29 Events or races for paddle boarding and kayaking 1/13/2016 8:30 PM 30 i use of lake at night for boats. atleasl 1111 10 for noise reasons. 1/13/2016 8:18 PM 32/95 Expanding the Use of Lake Elsinore and Its Amenities .Q11 The lake is clean and healthy. What types of water quality improvements would you support? A.,ewcued:3'711 Skippod:16 Answer Choices ...... _.. .. Responses None (e.g. maintain status quo) 8.92% 33 Minor Projects (e.g. Fish Stocking and Habitat) 45.95% " Major Projects (e.g. Oxygenation Systems, Chemical Treatments, Dredging) 72.43% 2ha Total Respondents: 370 33/95 All Day Jet Ski Jay's Jet Ski Rentals SoCal Hydro SportslAquaF... Aloha Pier Paddlesports William's Bait, Tackle... All Day Jet Ski Jay's Jet Ski Rentals Expanding the Use of Lake Elsinore and Its Amenities G,'i'2 Have you used any of the following lake concessionaires? How satisfactory was their service? A.nsroroo: 226 Sidpp,A: 101 Used Services? 0% 10% 20% 30% 40% 50% 60% 76% 80% 96% 160% Yes 4 No Satisfactory? Yes I;<No 34/95 90% '100% Expanding the Use of Lake Elsinore and Its Amenities Used Services? Yes . No ., Total _....... All Day Jet Ski .....11.33% 88.67% .._... .__._ 23 180 __ L, Jay's Jet Ski Rentals 7,81% .. .. 92.19% _..... '. 15 - 177 192 SoCal Hydro Sports/AquaFlyboarding USA 6.19% 93.81% _. _..... 12 '., 182 ''.. 194 Aloha Pier Paddlesports. 8.76% 91.24% 17 '.. 177'... 194 William's Bait, Tackle and Boat Rental 27.45% 72.55 56 148 204 Satisfactory? . Yes _... No Total:.... All Day Jet Ski 69.23% ..30.77 _. 18 8 26 .... Jays Jet Ski Rentals 55.00% 45.00% _.... 11 9 20 SoCal Hydro Sports/Aqua Flylati ding USA _. .61.54% ..38.46% _...... --- 8 5 13 Aloha Pier Paddlcspoifs 82.35% 17.65% 14 : 3 i 17 William's Bait, Tackle and Boat Rental 85.71% 14.29% 42 j 7 49 # Other (please specify) Date 1 Did riot know of the following business "2/22./20161:52 PM 2 None 2/13/201611.35 AM.. 3 Williams bait tackle is the best 2/12/2016 4:05 PM 4 ; love the bait shop and the family costo me service at the store. wow the fishing derby for kids _. :' 2/12/2016 7:07 AM 5 f none 2/11/2016 11:56 PM 6 Nate: Many of the rentals are too expensive and th icing should be controlled. 1/28/2016 5:30 PM 7 Did riot know these were offered. -' 1/28!20169:03 AM 8 .. NONE 1/28/2016 8:20 AM 9 have never used any _.. 1/28/2016 8'.18 AM 10 Normally I just launch the boat, use it, and put it away, I stay out of the water. 1/27/2016 6'.51 PM 11 None of the above _: 1/27/2016 5:2.0 PM _. 12 ',.. weekend paradise is nice - 1/27/2016 5'15 PM 13 I don't even know where to do these things; where the concessionaires are 1/27/2016 4:00 PM 14 ',. Love launohing at roadrunner.... Water loo shallow RAMP CLOSED . 1120/2016'7:31 PM 15 ! None used 1/19/2016 12:31 PM 16 Aloha pier? 1/18/2016 9'.44 AM 17 1 have used nano. I feel it needs to be more people inanely. Maybe a police mans presence_ 1/17/2016 8:14 AM 18 One time In the 13 years I livedv thein 1/1G/2016 4'48 AM 35/95 Expanding the Use of Lake Elsinore and Its Amenities 19 none 1/15/201610:36 AM " 20 Paddle boards were not available when William look over the campground. Not sure if that got resolved. 1/15/2016 6:33 AM " ! Not a safe environment right now for us mothers to bring or kids tool! 1/15/2016 12:41 AM 22"get rid of homeless people 1/14/20162:58 PM 23 1 have no idea where these places are located... and 1 live on the beach at G-7 1/13/2016 9:55 PM 24 Just moved here but I will all until I get my own : 1/13/2016 8:31 PM 36/95 Expanding the Use of Lake Elsinore and Its Amenities C'O " What type of concessionaires are you most interested in having available on Lake Elsinore? (select all that apply) Amswfemd:311,i 8kipped:68 Boating Rentals Personal Water Craft Rentals Stand -Up Jet -Ski Rentals Water Skiing Rentals Wakeboarding Rentals Fishing Rentals Kayakl Paddleboardi... Aqua Fly Boarding Inflatable Float Rentals Water Trampolines Pedal Boats Fun Zone of �,? Inflatable..N 2— Inflatable Towable Food/Beverage rx ` M` ti tn�?'"{.�,iykINNO Vendors ;1 `:,s "MIN, "a&w a, s �'u MW c ri.- �!`nnl.4iti'. r✓6k`r,.�G"s¢ik�s'i 0% 10% 20% 30% 40% 50% 60% 70% 801/u 90% Igo% Answer Choices .. _ Boating Rentals Personal Water DO Rentals Stand�Up Jet -Ski Rentals 37/95 Responses 39.31% 123 35.85% 20.13% ...... 64 Expanding the Use of Lake Elsinore and Its Amenities 38/95 Water Skling Rentals ` _. ...... _. _. 17.92/ _.. 57 Wakeboarding Rentals 18.87%.. 60 26.10% 83 Fishing Rentals Kayak/ Paddleboarding Rentals 49.06% _ _ 156 _49 Aqua Fly Boarding 15.41.% _54. _.... Inflatables Float Rentals 29.56%...._ . .._..... Water Trampolines ........ _..... _. _._ _._ _._ _. 35.53%....._ ,.1 _.... Pedal Boats. 37.11% 118 Fun Zone of Inflatable Platforms & Obstacle Courses .. 43.40% 138 Inflatable Towable ......... 25.79% 82 ..... .food/Beverage Vendors _...... _.... .... 70.75%.._ 225... Total Respondents: 318 .. '',. Other (please specify) Date 1 ! Gas Dock 2/29/201611:49 AM 2 ". Concerts and movies on the beach 2/1212016 11:58 PM 3 N/a 2/12/2016 11:43 AM 4 `. bike rentals, golf cart rental, - 2/11/20169:36 PM Restaurants ! 2/11/2016 8.29 PM Kayak and pedal boats are good for us on a budget, they usually rent for allot cheaper. j 2/10/2016 11:30 PM 7 More camping 1/28/20169.33 AM 8 Please do net allow more jet ski rentals, people that rent jet skies are the ones who cause accidents, PERIOD!! ! 1/28/2016 8'.20 AM 9.. ,..None .. ._... _....... 1/27/20165'.11 PM . 10 None of the above. To dangerous ',. 1/27/2016 4'.53 PM 11 REMOVE VEGEFAT ION ON SHORELINE ON LAKESHORE DR.with EL NINO COMING SHRUBS GROWING OUT 1/20/2016 7.31 PM OF WATER LOOKS SO TACKY.... Make it a ELSINORE CLEAN UP DAY IF CITY CANT AFFORD IT '.. 12.. horse backriding _.. .. ... _...... 1/18/2016 9'.34 AM 13 % 'low rope wake boarding. ':: 1/18/2016 4'.08 AM 14 Safely first 1/17/20166: 28 PM 15 Cabin Rentals for Fishing & Boating 1/17/2016 5'.25 PM 16 Boat, jet ski, or any other would cause problems. The people renting them would have know idea how to drive them. 1/16/2016 1:09 PM Or more important rules and boating etiquette. 17 Ruby's type restaurant at an of a pier. '.. 1/16/2016 4:48 AM 18 Fuel station would be nice. ''.. 1/15/201611'. 39 PM 19 A bar or tavern near the waor would be cool 1/15/2016 7:40 PM 20 No venders 1/15/2016 GA8 AM 21 SECURITY Ni "armed" ''. 1/15i201612:41 AM getting rid of homeless people 1/14/2016 2:58 PM 23 1 Floating food and beverage with as sales. 1/13/2016 8:21 PM 38/95 Expanding the Use of Lake Elsinore and Its Amenities E, What type of recreational classes/lessons would you be most interested in having on Lake Elsinore? (select all that apply) .`.day:cred: 2f;S `s{.jpwA: i21 39/95 Water Skiing i Wake Boarding: Kayaking Stand UP Paddleboardmg� r Standup Paddleboard... Sailing Fishing 'C� '{I, f 11 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices. _. _.... _.... ..... .Responses _. Water Skiing '' 38.11% 101 Wake Boarding 41.13% 109 Kayaking _....... 47.55% 126 Stand Up Paddleboarding .56.98% 151 Standup Paddleboard Yoga ^. 24.15% 64 Sailing _.... 37.36%. _ 99 Fishing ...36.60%..... _..91 Total Respondents: 265.. # Other (please specify) Date 1 Boat safety ! 2/12/201611: 58 PM 2 N/a j 2/12/2016 11'.43 AM 3 toatiny 2/12/20167: 07 AM 4i self defanse, Yoga, kite flying, dog training, cooking, music lessons, acting lesson 2111/2.016 9:36 PM 5 Boating laws 1/28/2016 9:33 AM 6', None, wake board boats make the lake more dangerous with the size of the waves they cause_ ,'. 1/28/2016 8:20 AM 39/95 Expanding the Use of Lake Elsinore and Its Amenities 7 lake users required to complete & pass boat safety course 1/28/2016 8:00 AM 8 Boating safety .. _. .. 1/28/20165:35 AM Kids camps on all the above 1/20/20166:54 AM 10 really any that are kid friendly, I'd love to enroll him in water sport classes 1/10/2016 12:03 PM 11 f Duck hunting 1/18/20163:55 PM 12 Yoga on a clean beach would be awesome. .... _.. 1/17/2016 5:42 PM .._ _.. 1 , _... _..... 1/17/20168:14 AM .... .... _...... 14 ! biking .... _.. __ __._ 1/16/2016 8:42 PM 15 None. 1/16/20164:48 AM 16 j Anything for the kids maybe as a summer program : 1/15/2016 10:16 AM 17 Safe Swimming lessons for all ages! 1/15/2016 9:53 AM 18 how to get rid of homeless people 1/14/20162:58 PM 19 all of the above _ ..., _.... 1/14/20162: 34 PM 40/95 Expanding the Use of Lake Elsinore and Its Amenities .' How often do you camp in Lake Elsinore? r'lnswered:351 Skipped:35 Often (>1 time per week) Regularly (1 ,T to 3 times p:' Occasionally (3 to 6 time.. Rarely (1 to 2 times per year) Never 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Often (>1 time per week) ( 1.42% Regularly (1 to Slimes per month) 2.28% 8 Occasionally (3 to 6 times per year) 9.12% 32 Rarely (1 to 2 times per year) 20.23%.. _.... _.... 71 Never 66.95% 233 Total _... .... _... 351 41 /95 Expanding the Use of Lake Elshlore and Its Amenities '=c:; How often do you visit or use La Laguna Resort & Boat Launch? Ansvnved: 343 5kipj,,nd: 43 Often (>I time ..Responses .2.92% per week) Often (>I time per week). ... Regularly (1 ffl'J4R', Regularly (1 to 3 times per month) 9.62% 33... Occasionally (3 to 6 times pal year) Occasionally 64 _...4. Rarely (1 to 2 times per year) _.. ....... 27.41% Rarely (1 to 2 =M times per year) Never 50% 601/11 70% 80% 90% 100% Answer Choices ..Responses .2.92% Often (>I time per week). ... 10 Regularly (1 to 3 times per month) 9.62% 33... Occasionally (3 to 6 times pal year) 18,66% 64 _...4. Rarely (1 to 2 times per year) _.. ....... 27.41% Never 41.40% 142 Total ._.... _. ....... ....343.. 1 z 3 4 5 6 .7 6 9 If never, why? Sold RV, Boat & Jet Ski's, Have Row Boal & Lakefront Prperty New to the area I live here., why would I need to camp a block from my house? Living on the lake front nolonger have our boat Only when we low boats in. No boat Haven't been yet. .Date 2/22/2016 11:13 PM _.. _ 2/22/2016 1:54 PM 2/20/20164:11 PM. 2/19/2016 4:15 PM 2/14/2016 3:56 PM 2/14/2016 3:15 PM 2/14/20162', 52 PM 2/13/2016 11:37 AM Have lived here 4 years and I don't even know where this is, Lack of advertisement/signage, and crowd capacity elsewhere has prevented me from seeking It has a scary reputation. '.. didn't know it existed 42/95 2/12/2016 6'.54 PM 2/12/2016 5'.32 PM 2/12/2016 4'.16 PM Expanding the Use of Lake Elsinore and Its Amenities 12 F Just moved here.; 2/12/2016 2:35 PM 13 Water too polluted and water levels too low. Go to Big Bear and Arrowhead. 2/12!2016 11:58 AM 14 Since we moved here, each visit to the lake has been met with trash, dead fish, and/or people that we do not want out 2/12/2016 11.57 AM children around. So we stopped trying to go to the lake. 15 Not interested in camping. 2/12/201611: 07 AM 16 The whole area is a eye sore... there's no eye appeal 2/12/2016 7:56 AM 17 if feel the water is too dirty ..... _. 2/12/20167.12 AM 18 _ _. _.... _.... not interested 2/12/2016 6 23 AM.... 19 !. I use L. E. West Marina 2/12/20165.25 AM 20 never heard of la legions resort 2/11/2016 11:58 PM 21 Didn't know it existed 2/11!201611:36 PM 22 ! 1 don't have a boat and haven't camped because the palmtrees make it look like someones back yard. 211112016 12:04 AM 23 Don't know if there's much worth visiting - 2/10/2D1612:57 PM 24 Nothing of interest at the lake to bring me there. _.... 1/29/20162'39 PM 25 __. I love very there _...... 1/29/2016 7:27 AM 26 _... 1 live in this city 1/28/2016 11.16 PM 27 RV sites are bad / never seen a campground as bad as this one : 1128/2016 4.00 PM 28 '.. Use a private launch... 1/28/2D16 2:23 PM. _.. 29 '.. 1 use West Marina 1/28/2016 1'26 PM 30 .- No watercraft at this time .. .. 1/28/20161:12 PM 31. ,_.Haven't seen it before ..1/28/2016 11.19 AM... _..... 32 Is positioned horribly on tho lake in the afternoon when your phone your boat out in the wind kicked up it Is terrible 1 /28/2016 9:04 AM 33 I like weekend paradise resort 1/28/2016828 AM 34 I used to camp years ago at Playland park or Cranes or launch at Marina west for day use 1/28/2016 8:21 AM 35 Thta is a awesome launch ramp, 1 00000x better then Elsinore west marina.. 1/28/2016 8.21 AM 36 launch opens too late in morning and no annual pass for city residents 1/28/2016 8.04 AM 37 Poor water quality and site conditions 1/28/2016 8:03 AM 38 There is a big problem with gangs, drugs, homelessness etc.. When I'm around that area I hurry up and get through : 1/28/2016 7:15 AM it. I live near Alberhill Ranch and it's like "night and day" in terms of the safety factor. 39 r don't have a boat and the lake is too limited 1/28/20167'. 10 AM 40 -. 1 already live on the lake f 1/28/2016 6:20 AM 41 : No Boat and only live 2 miles away. 1/28/20165: 40 AM 42 use wades weekend paradise - 1/28/201612: 26 AM 43 :. Because its not really a resort it you want an idea for a resort look at the ones in my native country of Australia 1/27/2016 8:40 PM 44 '.. Not sure where it is. ':. 1/27/2016 7'.21 PM 45 No beat 1/27/2016 6'.57 PM 46 only 90 to the lake 1 time a year cause the water is bad ! 1/27/2016 6:19 PM 47 Typically have always used the West launch ramp 1/27/20166:12 PM 48 1 use the larger Ramos. 1/27/2016 5:52 PM 49 No idea where it is. I use the new ramp on the west side of the lake, 1/27/2016 5:45 PM SO don't own boat 1/27/2016 6'.22 PM 43/95 Expanding the Use of Lake Elsinore and its Amenities 51 The lake Is disgusting 1/27/2016 5:21 PM 52 Always go to west marina for some reason. _ _.......... 1/27/2016 5:12 PM .._ Parking is to far away ... _ 1/27/2016 4:55 PM 54 Not familiar with it 1/27/20164:09 PM........ 55 1 don't own a boat 1/27/2016 4:01 PM 56 ! 1 don't own aboat. 1122/2016 7:29 AM 57 : Operators not friendly only out to make a buck ._. 1/20/2016 7:39 PM 58 Don't have a boat 1/20/2016 12:55 PM 59 One way in one way our makes for a simple trip too much wk. Parking issues. Fees 1/20/2016 6 56 AM 60 Don't own personal watercraft 1/20/2016 5:44 AM 61. ,..No interest.... 1/19/2016 3:42 PM 62 To Dirty and currently the water levels are WAV TO LOW 1/19/2016 9:15 AM 63 j We are interested in renting a boat but have concerns about the lake's cleanliness 1/18/2016 3 42 PM 64 I Don't have a boat and don't know of any activities there __.. ! 1/18/2016 12:09 PM _... 65 New _.. _. _ . _... _... 1/18/2016 7 39 AM 66 Like to see water quality improved _.. 1/17/2015 6:35 PM . 67 We dont own a boat ...1/17/2016 5'.43 PM 68 Dont know where it is _ 1/17/2016 5 06 PM 69 Don't own a boat 1/17/2016 9'.18 AM 70 No desire. The area is riot appealing 1/17/20168.16 AM Don't have a boat, dirty 1/16/20168, 46 PM 72 I don't have a boat ... _... ._... 1/16/20168'. 43 PM .. 73 Don't own a boat 1/16/2016 5'.09 PM 74 New to the area and just haven't done it yet _.... .1/16/20168'.07 AM 75. I live on the lake 1/15/2016 9:55 PM 761. 1 have friends that live on the lake and don't need it. 1/15/2016 9:07 PM 77 'Personal boat launch 1/15/20167:41 PM 78 '.Lake is to dirty and a lot of homeless people 1/15/201612:.50 PA4 79 .; Just moved to the area and we haven't heaa'd much about lake activities or attractions. 1/15/2016 10x9 AM 80 ! Not sure what to do there 1/15/201510:40 AM 81 1 don't know anything about it other than the fact that It exists. 1/15/2016 10:19 AM 82 1 don't have a boat to launch 1/15/2016 9:54 AM 83 Too many undesirables in area 1/15/2015 9'.25 AM 84 3 1 launch at the public access near All Day JOSH - 1/15/2016 7'.12 AM 85 = The Take doesn t soorn cloan anymore 1/15/2016 6'.49 AM 86 Not sure 1/15/2016 5'.40 AM 87 After we went there a few times and saw how unsafe it was and the homeless problem on no thank you! 1/15/2016 12:46 AM 88 1 don't awn a boat and Ihoro are weirdos there. 1/14/2016 11:53 PM Reconlly moved to town 1/14/2016 8:32 PM 90 '.. too many homeless people 1/14/2016 2:58 PM 91 my brother owns Coyote Cove. 1114 /201 6 2:36 PM 44/95 Expanding the Use of Lake Elsinore and Its Amenities 92 ! 1 use west marina to launch my boat i 1/14/2016 11:44 AM 93 We use elsinore west so we can park next to where we set up 1/14/2016 11:19 AM 94 Won't anymore new staff and management poor customer service ....._ 1/14/2016 12:27 AM 95. _..... _ _ .. _.... 1... I dont own a boat 1/13/201611:15 PM _.... 96 We live right on the lake ' 1/13/2016 9:28 PM 97 no season pass for launching. As a resident we should get a large price break for a season lake and launch pass 1/13/2016 8:25 PM combination if both are bought at the same time. 98 Just never have. Have not heard any positive words. 1/13/2016 7:12 PM 45/95 Expanding the Use of'Lake Elsinore and Its Amenities ""`j7 Which of the following amenities have you used at La Laguna Resort & Boat Launch? (select all that apply) Answanod: 217 Sloippc!d: 469 Hook.Ups (e.g. [ water.... Res[rooms Beaches Boat Rentals Boat Launch Convenience Store 1 Campground Elm Other (please i{ specify) y 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses _ 13.82% 30 Hook -Ups (e.g. water, electric, etc.) ...._. __. ..... _ .... .,. 62.21 % 135... Restooms .Beaches .. 44.24% 9C. _... 8.76% 19 Boat Rentals '.. 63.59% 138 Boat Launch 35.02% /6 Convenience Store ,,. _... ... _.54 _. .Campground.. __ _...... ... 24.88% _ . _.. 11.98% 26 Other(please specify) Total Respondents: 217 k Other (please specify) Date 1 New to the area 212212016 1:54 PM 2 Haven't been yet. '., 2/13/2016 11:3'7 AM . '+ concert 2/12/2016 7:20 AM none 7/12/20167:12 AM 5 1 fish with kids 2/12/20167'.11 AM 46/95 Expanding the Use of Lake Elsinore and Its Amenities 6 its dirty and not maintained ':' 2/12/2016 5:35 AM 7 none 2/11/201611:58 PM 8 none....... 2/3/20161: 53 PM. ... 9 nice _ 29/20167.27 AM _. 10 Paddle rental ' 1/28/2016 5:36 PM 1.1. ' bait store _... 1/28/2016 4:00 PM 12 None 1/28/201611:19 AM 13 never heard or it until this survey 1/28/2016 8 21 AM 14 checked out launch real nice looks steep 1/28/2016 8:04 AM 15 RV Dump Station at RV Park 1/28/2016 5:40 AM 16 _... Launch....... ..._ !.. 1/28120164:22 AM 17 ....18 ! They should go after the SNOWBIRDS.... big opportunity missed by poor management ,.. ;....Not 1/20/2016 T,39 PM ....... _.._ Applicable _..... 1/2012016614 PM._.. 19 Good Vibes music events 1/19/201612.59 PM 20 none 1/17/2016 6:35 PM 21 None . ! 1/17/2016 5:06 PM 22 _.23 _.. ...... _...... Concerns _...... 1/17/201612:10 PM. .. _. Docsn't pertain. ..1/16/20164:49 AM. 24 None f 1/15/201610:19 AM 25 _ None i 1/15/2016 9:50 AM 26 Restrooms were horrible 1/15/201612: 46 AM 47/95 Expanding the Use of Lake Elsinore and Its Amenities Q18'� What improvements would you like to see at La Laguna Resort & Boat Launch? (select all that apply) txri5vre3 <;d: 227 Skif J": Increased Spaces with... Increased Tent Camping Spaces Increased Number of.. Decreased Number of... Increased Number of Sh... Decreased Number of Sh... Paved/ Concrete Spaces Fenced Spaces Increase Buffer to... Increased Group Common Gathering Areas Pool Jacuzzi Game Room MY -0 ME, M Improved EM Roadways Increased Lighting Improved Restroom... Boat Cleaning Station 48/95 Expanding the Use of Lake Elsinore and Its Amenities Improved Fire 1t Pits Playground/Tot Lot y Laundry - Facilities "sts PfOI nggg Wi Fi , � ( c Yii£^ qxg�}z, wa4 a w Beach I Volleyball Walking/Biking Trail Workout Stations Campground Nature Hike 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% '100% Answer Choices Responses Increased Spaces with Hook -Ups 25.55% 58 Increased Tent Camping Spaces 19.82% _. Increased Number of Overall Spaces 12.76% 29 Decreased Number of Overall Spaces '.. 4.41% 10 Increased Number of Shade Trees 36.56% 83 Decreased Number of Shade Trees 1.32% 4 Paved/ Concrete Spaces _.. 27.75% 63... Forced Spaces 9.25% .. 21 Increase Buffer to Roadway 19.38% _..... 44 Increased Group Camp Spaces 7.93% 18 Common Gathering Areas 21.15%. ....1E Pool 31.72% 72 Jacuzzi 20,26% 46 Game Room _.. 21.59% 4 Improved Roadways 25.11% 57 Increased Lighting 27.75% r:'s Improved Restroom facilities 43.61% Boat Cleaning Station 24.23% 55 49/95 50/95 Expanding the Use of Lake Elsinore and its Amenities ..... Improved Fire Pits. ..... .. _.. .. 41.41% ..27.31./...62 91 Ptaygroundfrot Lot... ..... _. _. . Laundry Facilities 10.57% 24 Wi-Fi 40.97% 93 .....Beach Volleyball - 22,03% 50 Walking/Biking Trail 43.61% 99 Workout Stations 15.42% ..30.84% _.. 35 Campground Nature Hike _.. _. 70 Total Respondents: 227 # Other (please specify) Date. 1.... Never been there dont know 2/23/20162:27 PM .2.... -: Take care of Shade trees &ground 2/22/201611:13 PM 3 Clean up the homeless and full time "ctimpois in the surrounding area 2/16/2016 6:53 PM 4 t A true RV park with slaps and grass for year round but invited to 90 days 2/13/2016 12:02 AM 5 Less permanent residents. 2/12/2016 5:33 PM 6 N/a 2/12/2016 11:58 AM 7 Lake View Resturants 2/12/201610:18 AM 8 Shopping areas, hotel 2/12/20168: 21 AM more kid O'ienely park swings trees pinic table side to walk lake 2/12/2016 7:11 AM 10 Cleats to lie boats to dock -" ...2/11/2016 2/12/2016 4:24 AM _11.. i don't know 11:58 PM _.... 12. ,.. BOAT SLIPS. 2/11/201611:45 PM 13 Use more native plants. Roses, palms, and Oleander are NOT native to the area, when you go camping you want to 2/11/2016 12:04 AM ....14 see examples of local native trees and wildflowers. unknown........2/3/20161:54 PM 15 maybe in early fall m early spring have one at two weekends free boat launch 2/1/2016 2.52 PM 16 ` La Laguna currently appears less natwal as If trying to create a boyscout larnboree appearance. I lie site does not 1/28/2016 5',36 PM 4 look like a natural setting. 17 Fixthe low power supply. Ruined both A/c units on motor home 1/28/20169:37 AM 18 ! never heard of until this survey 1/28/20168: 22 AM 19 '- unlock gate permanently for early morning boat launch 2 1/28/2016 8:04 AM 20 Boat racing 1/28/2016 7:35 AM 21 ! Wider ramp 1/27/2016 4:55 PM 22 Along east side of lake from LaLaguna to the dull city owned ramp would be the best thing this city could do .... 1/20/2016 7:39 PM " Would bring a lot of people to our city 23 Neverbeen 1/17/20165:06 PM 24 = There was a lot of rocks.and.asphalt to the swim area clean tip the bottom of swim area = 1/17/2016 11:45 AM Restaurant... snack shop ':: 1/17/20168'. 15 AM 26 = keep It clean and monitor the people 1/16/2016 8'44 PM 50/95 Expanding the Use of Lake Elsinore and Its Amenities 27 i More water to not bottom out. Also more supervision of rented secede because a 12 year old was driving one wine hit 1/15/2016 1141 PM me while I was paddle boarding there. 28 ,._Clean restrooms 1/15/20161:33 PM.. _... 29 Anything that makes it more fun for the kids 1/15/2016 10:19 AM 30 Improve the campground to 50 amp I'm wont bring my 40ft diesel in because of the low trees and few amenities it 1/15/2016 9:27 AM looks very run down from the street 31 i Yoga area Security N1 _ 111512016 12:46 AM... 32 I would use a trail ,.__... 1/14/20161153 PM..... 83. ... _. ... .,.. get rid of homeless People j 1/14/2016 2:59 PM _... 34 Staff that know the area and camp world 1/14/2016 12:27 AM 35 j Pine. trees E 1/13/20168:32 PM 36 '.. Las time I asked no one could answer questions with group spaces and prices. 1/13/2016 8:29 PM 37 No wifil Unplug 1/13/2016 T.39 PM 88 -. Cover ed beach day spots or beach camping .. ._...- 1/13/20166.30 PM......... 51 /95 Expanding the Use of Lake Elsinore and Its Amenities Are you a resident of the City of Lake Elsinore? Aiswefcd: 343 Skipped; 43 Answer Choices _.... _ .Responses .. ,. 70.85% 243 Yes '',. 6.71% 23 No 22.45% 11 If not, where is your primary place of residency? .............343 'al 4 I If not, where is your primary place of residency? Date 1 Rancho Santa Margarita but own a home lakeside 2/29/2016 12'.18 PM 2 + Fontana CA 2/23/2016 4.29 PM 3 ! Riverside 2/14/2016 2'.44 PM. 4 Murrieta _.... 2/14/2016 10'.12 AM 5 Across the street from the city. Riverside county 2/13/2.016 3'.57 PM 6 Perris CA 2213/2016 3'.32 PM 7 ! Eastvale _ _. _... 2/12/20164'.27 AM 8 Canyon Lake ,:, 2/11/2016 4:47 PM 9 Canyon Lake 2/9/2016 11:48 AM 10 : corona 1:1 2/1/2016 2:54 PM 11 Murrieta '', 1/301201611:49 AM 12 '.. Corona,Ca ... _... .. 1/28/20168:53 PM 13 Murata 1/28/20164:37 PM 14 '. Rancho Cucamonga CA 1/28/2016 3:08 PM 15 County lake side. '', 1/28/2016 2.24 PM Menifee, Ca '1/28/20161.15 PM San Diego 1/28/201612:13 PM 18 - Lake Powst 112 812 01 6 10:19 AM 52/95 Expanding the Use of Lake Elsinore and Its Amenities 19 i Vista Ca. 1/26/2016 9:39 AM 20 ...21 Temecula ...Covina ....... 8888.. 1/28120169:19 AM ". 8888... 8888.. 8888.. 8888 8881 8888 8888... 112812016 9.07 AM 1888 ._...... 22.. 1888 8888._. 8888.. .. 8888. Mira Loma, CA 8888_.. 1/2812016 9:06 AM ..... 23 8888. i Orange County 8;888. 8888 8888. 8888 8888 8888 1/28/2016 8:57 AM ;. 24 8888 8888.. Ontario, Ca 8888 8888 1/28/20168.48 AM 26 8888.. t riverside ;._. 1888 8888._ 8888... .. 1888.. 8888 I 1/28/2016 8'.39 AM 26 8881. 8888... 1888.. 1881. Wildomar,Ca, use to Live in Lake Elsinore 5yrs ago_ 8:888. 8888.. 8188... ,,._ 1181_ 8888 1/28/2016 8,27 AM 27 _. 8888 ..... 8888_.. Long beach ca. 8888 8888 .. _.. 1188 8188... 8888 8888 8188 f 1/28/2016 8:23 AM 28 _29.. ;_.. 1888... 8888.. 8888. C Redondo beach 8888 8888 1888 8888. '...canyon _. 8811 8888 8888 8888 - 1/28/2016 8:20 AM lake.... 8888... 8888 _.. 8888 8888. 8888 1888 ..112812016 7:30 AM 30.. �_. Rancho Cucamonga 1/2812016 6:39 AM 8888.. 31 Claremont �... 8888. 8881... _.. 8888 8888 1/28/2016 5 36 AM 32 1888. 8888... i Temecula 8188_. 1888.. 8888.. .. '. 1128/2016 5'.26 AM 33 ! Upland 8888 8888. 1/28/2016 12:27 AM 34.. _35 :.,.. Yorba Linda..... 8888.. 8888. _.. 8888.. 8188 8888... 8888 8888. "..1/27/2016 10:03 PM 8888.. ! Redlands, CA 1/27/20169:20 PM 1118 8888_.. 36 Sydney NSW Australia but I am planning to move to Lake Elsinore within 3months 8111 8888. 8881 1/27/2016 8:43 PM 37 8888.. 8888.. 8888.. ,..92399 8888 1/27/20168: 43 PM 8888 . 38 ' Winchester, ca 1/27/2016 8:24 PM 39 Menifee, Ca 8888... "', 1/27/2016 7:55 PM 40 Horsetheif Canyon off of Lake Street so I'm always in the city. 8888 1127/2016 6:55 PM 41... Huntington, Beach 8888 8888... .. 8888.. 8881_ _Wildomar 8888. 8888... 8888 8888 8888... 1/27/20165.53 PM._. 42.. 8888... 8888.. 8888... 8888... 8888 .1/27/2016 5:36 PM 8888 43 8888.. 8888.. 8888 ... corona 8888.. 8888.. ..1/27/2016 5 24 PM 44 Glendora 8888. 8888.. _1/27/2D16 5'23 PM 45.. 8888. 8888... 8888. ,....Lakeland Village 8888. 8888 8888. 8888 8888... 1/27/2016 5:19 PM 8888 48_. 8888 _.. 8888 .. Huntington beach 8888.. 8888 8888 8888. ...San 1/27/2016514 PM _ .... 47.. 8888. 8888. 8888. Diego .. .. 8888. 8888. 8888 _.. 1/27/20165:13 PM 8888. 48 _. : Riverede,ca 8888.. 8888 8188. -- 1/27/20164: 52 PM. 49 8888 8888... ! penis ca 8888... 1/27/2016 4:42 PM 50 ,Riverside 8888... 8888 8888 1/27/20164:10 PM 51.. 8888 8888... ._.Menifee 8888. 8888.. 8888. 1/27/20164: 05 PM. 8888.. 52 Hemet. 8888 1/27/20163'. 38 PM 53 8888 8888... _ 8888 ... SJ Capistrano 8888.. 1/27/201610:38 AM. 8888 54 County area 1/22/20167'.31 AM 55 8888 8888 Canyon Lake, Former Elsinore resident. 56 ! Wildomar 8888... 8888.. 8818 57 Canyon lake 58 County 59 Lakeland village 53/95 1/18/2016 8.46 PM 1/18/2016 3:59 PM 1/17/2016 11:23 PM 1/17/2016 1:54 PM 1/ 17/2016 9:55 AM Expanding the Use of Lake Elsinore and Its Amenities 60 Right outside city limits in county 1/17/2016 8:17 AM 61 Wildomar .. .. 1/16/2016 11:19 PM. f Murrieta .. _. 1/16/201610:56 PM...... 63 " Wildomar 1/16/20161:14 PM 64 Wildomar -: 1/16/20168:35 AM 65 i 1 was from 2000 to 13. Ramsey, Minnesota (land of 10,000 lakes) .. ..._.... -. 1/16/2016 5:16 AM ..... _... .1/15/201610:01 BG... ,. Lakeland village _... _. _.... PM.. _ _... _..67.. ...Wildomar ...... _... ..... _. ,... _. ,._._. _.... _... 1/15/20167:43 PM . 68.. ....California....... ....... _. _.. 1/15/2016956 AM.._. _.. 69 '._Hemet _. ..... _._ _.._.. 1/15/20166.50 AM 70 1. riverside county Meadowbrook - 1/15/2016 5:53 AM ._. .. ... .... ..1/14/2016 71 '.. culver citY,ca _.. 5:57 PM _.. _.. _. .. 72_ ,.Temecula..... _.. ... _.. ._._. 1/14/20162.56 PM....., _ _. 73 Wildomar ___.. ....... 1/14/20162: 42 PM 74 Live in elsinore but county 1/14/201611: 25 AM 75 ! LA _ 1/14/201612:32 AM__. _...... _76 ! Hemet__..... 1/13/20169:02 PM . ... .... .. ,.77 Wildomar.__... .... ...... 1/13/20168:38 PM 54/95 Expanding the Use of Lake Elsinore and Its Amenities 020 Are you male or female? �1r±1•vtered: 34Z mnpted:4. 55/95 Male '. ` FemaleLm n 0% 10% 20% 30% 40% 50% 60% 70`/0 80% 90% 100% Answer Choices _. Responses Male 56.14% 192 Female _ . .. ..43.86%.. 150 Total 342 55/95 Yes No Expanding the Use of Lake Elsinore and Its Amenities 1 Do you own property on the lake? E�� 15 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices ....Responses ... Yes _. .. 11.34% _.38 No 88,66% ....... 297 ...Total 335. 56/95 Expanding the Use of Lake Elsinore and Its Amenities '2" Can you see the lake from your property? Ans'v omd:337 Sicpped: t;9 Yes No 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses . Yes _ 42.27% ...........134 No _..... 57.73% 183.. Total 317 57/95 Expanding the Use of Lake Elsinore and Its Amenities swer Choices ..._.. ..Responses __.1 0.29% 17 or younger '., ..1.75% _.... 18-20 ......... __.27 ,.7.87% 21-29 24.78% 85 30-39 _40-49 27.41% 911 '., 25.66% 88 50-55 _... 12.24% 42 60 or older ...343 ..Total 58/95 Expanding the Use of Lake Elsinore and Its Amenities Q24 What is the highest level of school you have completed or the highest degree you have received? Ail,,Wr,a.i:342 aWppod:4: Less than high school degree High school degree or... Some college but no degree Associate degree Bachelor degree Graduate degree 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Less than high school degree 0.88% 3 High school degree or equivalent(e.g., GED) -. 12.87% 44 Some college but no degree 36.26% .. ....13.74% 124 Associate degree _... ...... .. .. 47. . Bachelor degree 24.56% i 84 Graduate degree ! 11.78% 40 Total ... ..... 342 59/95 Expanding the Use of Lake Elsinore and its Amenities !2'1'i If you are a resident and there was a way to support more projects, activities and/or amenities on the lake, which would you support? (select all that apply) Answered: ;OPS Skipged: aS Fundraisers Donations x� t Contribution z Fees (e.g. I...I None of the Above Not a Resident 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 1001% Answer Choices : Responses ......_Fundraisers ..._ .. 63.37% 192... ...140.. .... _.... 46.20% Donations Contribution Fees (e.g, lake use fees, properly tax assessments, tax increment financing) .... .. 30.03% 91 None of the Above=. ...... 6.93%. 21. ... ........ 19.14% 58 Not a Resident ,, Total Respondents: 303 # Other (please specify) ... _. Date 1I. My property taxes are already high enough 2/23/2016 2'.32 PM 2 Need food vendors around the lake area for lake users/ j 2/19/2016 4'.21 PM 3 ', 1 already pay 6.8k annually in property taxes find another way 2/12/2016 5:58 PM 4 labor, participation in projects 2/11/2016 9:47 PM 5 Our taxes are rediculous. The lake should support us, not the other way around 2/6/2016 7:08 AM 6 Currently we are required to pay a lake assessment. These funds should be used specifically for the lake. The misuse- 1/28/2016 5:41 PM of these funds should be corrected and refocused on the lake. County Resident. _ 1/28/2016 224 PM No more launch fees!', It already is $20-$25 to launch with all the fees and nothing Is being done to the lake to �'. 1/28/2016 8'.27 AM improve it, Lake Elsinore officials are pocketing the money, Its sad - 9 was in 1.F..MSAR but had to take leave of absince due to working loo much 1/28/2016 8:09 AM 60/95 Expanding the Use of Lake Elsinore and Its Amenities 10 races 1/28/2016 7'.30 AM 11 Offer classes from husbands business ` 1/20/2016 6:59 AM 12 j Ducks unlimited and California waterfowl for habitat projects 1/18/2016 3:59 PM 13 Depends 2016 5:12 PM 14 No tax money should be used. The lake should be self sustaining on fees l 1/15/2016 5:23 AM 15 ! We already pay enough in taxes up here in TH! Clean up the homeless problem and horrible drug problem over there 1/15/2016 1 A 7 AM first then I'm willing to pay more not until then thank you! 16i. That is why I pay for lake use fees and launch fees. I dont need more fees. At other lakes and rivers around california i 1/13/2016 896 PM prices are much lower and some are fee. � i�= Expanding the Use of Lake Elsinore and Its Amenities 026 How much total combined money did all members of your HOUSEHOLD earn last year? i,r;swerad: a3,i .Slgiplraci: t=7. $0 to $9,999 j $10,000 to's` $24,999 :Tk $25,000 to $49,999 $50,000 to $74,999 $75,000 to $99,999 $100,000 to $124,999 $125,000 to $149,999. $150,OOOto $174,999 $175,000 to $199,999 $200,000 and up Prefer not to answer 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses $0 to $9,999 0.00 $10,000 to $24,999 1.80 $25000 to $49.999 6.29 $50,000 to $74999 _. . 13.77% 575,000 to $99,999 .... 16.17% $100,000 to $124,999 17.07% $125;000 to 5149,999 10.78% $150,000 to $174,999 8.68% 62/95 6 21 46 54 57 36 29 Expanding the Use of Lake Elsinore and Its Amenities $175,000 to $19,9,999 ... 8.08% 27 $200,000 and up _.. L. 5.99% ... 20 Prefer not to answer .. _.. _. 11.38% ........ Total 334 63/95 Expanding the Use of Lake Elsinore and Its Amenities Do you have any other comments, questions, or concerns? Ansvmred:9S Skipped:2.37 #.... ..Responses..... .. __.... Date . 1 ! I was really excited years ago when it looked like we would have a marina, boat sales, hotel, restaurants, casino, etc at 2/29/2016 12:18 PM south end of lake and would love to see that explored again. �_... _... _. .... _.... 2...., Clean the lake up ...._. 2/23/2016956 AM.._... 3 Give Lakefront Property owners free Lake use permits, cause we deal with fish Kills, Floods & Trash landing on our 2/22/2016 11:51 PM property, & help stranded Lake users etc. Please open up Outflow Chamrul 10 tunes its present capacity, ( during f heavy Rains itis 101n and 1 out causing Flooding) , Catch debris before it gets into Lake, Dredge Lake make deeper ' use sluff for Islands out at center for birds & tourist marine activities Etc. 4 The closed launch parking lot by old downtown could be used for food vendors (trucks) during the summer months. 2/19/2016 4.21 PM The lake and inlet channel need to be dredged. The inlet channel can be then used for jet skiffs, boat races the year round. 5 The water needs to be cleaner, it's disgusting! 2/15/20167'. 28 AM 6 Just that we protect the water level and quality 2/14/2016 3'. 59 PM 7 Now it is winter and the quality of the water is green and cloudy. If you want visitors here this summer the water quality 2/14/2016 3.21 PM f should be your top priority. This will be worse by the summer. You need to walk down to the water/shoreline in the early morning. 8 1 mender to attract additional visitors to the lake, we need to solicit higher -end restaurants with views of the lake and ; 2/13/2016 11:43 AM valley. LE has the ability to become a true destination resort, but all the trashy areas around the whole lake must be cleaned 2/13/2016 12,11 AM `- up. We need quality but affordable hotels and nice restaurants on the water. More events that will draw people. Turn It into a Pachanga type of resort and you will get your money back. 10 Really would love a clean like to swim (train for triathlons) 2/12/2016 6:49 PM 11..... We love the Iakel .. _.... 2/12/2016 4:10 PM 12 Been looking forward to lake improvements and activities for years 2/12/2016 12:27 PM 13 1 would not be happy to have increased property taxes for lake Improvements. Clean up (orout) some of the people 2/12/2016 12:03 PM i that make going to the lake unfavorable, you may get more, traffic there, thus increased revenue. 14 The lake is an asset and has not been treated as such. The lake levels needs to be maintained. Would love to spend 2/12/2016 12:02 PM time on lake like we do at Arrowhead & Big Bear, dining, eating out, paddleboarding, sailing 15 don't understand why Lake Elsinore does not have a real marina with shops and restaurants. Everyone I know feels 2/12/2016 10:22 AM the same way. 16 - Would lave to see more shopping area, Starbucks, more activities for the teenagers, a nice walking area along the 2/12/2016 8:27 AM lake, 17 The Take needs to be more family ancrited and much more cleaner. loo many homeless hang out around the lake, : 2/12/2016 7.26 AM drinking and doing drugs. Too many mobile home parks around the lake. The area around the lake needs to be revitalized 18 Nice to see improvement $ono 2/12/2016 7:16 AM 19 = The city could be great, but we have to many homeless and not enough activities for families. There is nothing to do at 2/12/2016 5:38 AM the lake if you don't have a boat. We need more family based activities. 20 - Lake is very low. Shallow spots. 2/12/2016 5:27 AM Lower' properly taxes in rosetta cyn 2/12%2016 4:12 AM _z Replace old faded and cracked street signs, Casino dr. And Railroad canyon sl. Repaint or replace city signs. 2/11/2016 9'.47 PM rtA M Expanding the Use of Lake Elsinore and Its Axnenifies 23 I would like to see a long range plan to improve the lake area with areas dedicating to watersporls and other areas developed with nice restaurants, some limited shopping and redevelopment to quality single family residential. I envision a new specific plan for the entire lake area. 24 The property surrounding the lake should be prime real estate. It's a shame that the city cannot concern all the P.O.S. i housing around the lake and make it the gold mine it should be. I would fully support that. 25 Make sure when you remodel to laguna you keep enough spaces for lents not everyone can afford a RV. Use the large empty lot next to the campsites for more spaces. More local plants to attract wildlife birds act... 26 City leaders should take care to insure that lake events to not lead to a net cost to city. 27 city doing a great lob with the take I have been boating now for over 10yis at the lake 28 29 30 Hearing loss issues from muscle boats that are unscheduled. The noise train these boats needs to be considered a liability to those living close to the lake. Muscle boats need to have designated area so not to infringe on local residents and their health, namely hearing. Please consider. Lake water quality would the number one concern when boating on Elsinore. This has always been a factor with friends and family when deciding on where to boat and camp, Elsinore has never been top of the list. 2/11/2016 8:37 PM 2/11/2016720 PM 2/11/201612.21 AM 2/3/20161: 57 PM 2/1/2016 2.54 PM 1/30/2016 11:49 AM 1/28/2016 8:53 PM build a pier 1/2812016 8.35 PM _... _. 31 [ 1 think it would be nice to have more fishing derbies at the lake 1/28/2016 4:02 PM 32 ! If you ever have a lake patrol boat (tow, batt lump, rules, etc.) I would like to apply. Lots of boat experience. 1/28/2016 1.15 PM 33 1 hate that I would have to pay $10 + to park at the Marina just to rent a paddle board for $15-25 an hour. That's pretty 1/28/2016 11:57 AM costly for an hour of entertainment, That parking fee should be waived and used only for boaters who park a trailer or use the lake for the entire day. 34 As a resident, its difficult having to travel to Menifee and Temecula for dining and entertainment. There is definitely a 1/28/2016 10 20 AM I lack of options in Lake Elsinore. You could capitalize so much more if restaurants and bars were open. As a young professional, I like to go out and have good money to spend. 35 Why do you ask personal questions on a lake survey? 1/28/2016 8'.29 AM 36 1 bet this servery will do NOTHING! Lake Elsinore officials are a flipping joke, I have lived in Lake Elsinore for 20 years 1/2812016 8 27 AM and finally moved because I could not take the downward spiral it has taken, and it has always been the same, the ':. only time Lake Elsinore was good was right after "EI Nino' and the lake was full of water and that had nothing to do i with any person working on the lake, goad OI Mother nature handled that for the Lake- ake..9 37 .More beat racing would be nice 1/28/20168: 23 AM.... ,.. 38 ANNUAL PASSES FOR LA LAGUNA launch for city residents 1/28/2016 8:09 AM 39 My biggest issue is the quality of the lake water. I am also fearful if we allow the use of inflatables and jet skis the 1/28/2016 8:06 AM noise pollution would increase drastically as well as trash and overall deterioration of the quality of the lake water 40 1 would like to see Lake Elsinore (the entire city) "cleaned tip". When I'm out shopping I gel panhandled, at night I'm 1/28/2016 7:18 AM afraid to shop In a lot of areas so I head north to Corona, The neighborhoods around the lake are scary. 41 the lake CAN BE a great resource to the city but with all the limitations and lake of shore line amenities it is being i 1/28/2016 7.13 AM wasted 42 My family and I love that lake , I wish we could clean it up a little more . Elsinore has come a long way and we just 1/28/2016 498 AM used to push it a little more to achieve something great I am a big fan of getting that lake dredged if legible or ! mainlaing the elevation of the lake surface a bit higher . My boat stays in havasu now because of the drop in elevation and I would love to come back . 43 -. More events, ie races, dredge lake 1/27/2016 11:43 PM 44 1 can hardly believe the previous statement that the lake is "healthy". The primary reason we do not regularly use this 1/27/2016 9:20 PM lake is because the family will not make contact with trio sllmey green water. 45 Promote tourism both at slate level and locally maybe even iratimatienalalyl 1/27/2016 8:43 PM 46 '. Either the lake should be for low intensity uses e -g. Fishing, kayaking, sailing, wind surfing, etc.... Or high intensity 1/27/2016 6:59 PM uses, power boats, jet skis, jet boats, etc.., they aren't compatible. I obviously prefer the latter which offers peaceful, quiet, relaxing recreational opportunities and a higher quality of life for the residents living near tile. lake. 47'. Why don't you do more to prove that the waterquality is good? Factual test's on the website/facebook, etc. I still won't 1/27/2016 6.55 PM gel in the water without that. , 48 Clean up the water. Better water quality. I have friends that refuse 10 go there due to the gosm water. . 1/27/2016 5'.39 PM 65/95 Expanding the Use of Lake Elsinore and Its Amenities 49 Clean that Lake up. It's for from healthy. 50 Don't over develop the lake. More boat racing. Extend the launch ramp on the east side of the lake when water gets low 52 1 lived in Lake Elsinore for 26 years. The decline in lake facility quality has put a tarnish on the reputation of the lake. It !. would be nice to see the facelifts on the site that could bring in big revenue to the city. 53 ! 1 would really like to see more trails pop up. The area around the lake is not useable for a leisurely walk/hike as it is right now, and that is a shame. 54 ' Lake Elsinore would gel more use from Fishermen/ fishing clubs hosting tournaments if the requirements for launching and entry weren't so restrictive 55 The water level continues to drop. Should we be alarmed? Is there any contingency plan to keep the lake's water @ a certain level that would sustain the activities on the lake? Are their any daily/weeldy posting either from the City or Municipal Water District that shows the water quality of the lake? 56 i Basically it's a murky lake .... I have used quite a bit in the 6 years 1 have lived here. Ihave a let boat, two catamarans and a stand up ski . FREE LAKE USE FOR RESIDENTS MOST Important IS THE WEEDS THAT WILL BE UNDER WATER ALONG LAKESHORE or Please start with the obvious 57 1 would like to see more events and programming on the lake. 58 1 think Lake Elsinore has so much potential. We would love to see more restaurants & more things to do in this city. 59 Please add more major events this way it attracts more businesses and new residents _60 No _... __ _..... ....... .. ..... 61 The lake Is dangerously low in water levels. I have never seen this much evaporation in the 12 years I have lived here. I am confused at why the city only NOW Crying to do this? We as citizens are being asked to'conservo water' and cut back our consumption by over 30% now and your talking about Lake Recreation on a lake that is disappearing? I don't get it? R2 Put speed limits on the lake. It is too fast for famolies Bring the proposition to bring back waterfowl hunting to the lake during the season will generate monies never achievable during the winter months in the past 64 Bring in a nice hotel or two along with some waterside restaurants. Make it a place where people want to and feel safe. 65 Restrictions on zoning rights on the lake need to be lifted. There is so much property on the lake that the zoning allows for almost nothing to be done with. I looked into buying several pieces of property on the lake, but you could do nothing with the property. Lake Elsinore could be a great place for lake recreation! 66 1 fie lake area in particular needs all hands on board. It needs to look and feel like a resor k not a last resort. First and foremost, the homeless living all around the lake need to go. It's a public safety/health concern. This is prime real- estate and should be treated is such because if we want the lake to attract fun activities, events, vendors, residents and people from outside LE, we. need a community that is safe, clean, welcoming and blossoming. Work on making sure the drive into the lake area starting on Riverside is manicured and presented L1 a welcoming and beautiful way. We already have beautiful palm trees all around town, this gives a tropical vibe that is magical. Lightning dark streets, making sure It is cleaned up. Make sure code enforcement is citing the homeowners who have yards that break our laws. Add landscaping at intersections and places that will be seen. What the city did by [he mall looks awesome, good job there. Work with local stores to get the shopping cart situation cort'ected, they are everywhere. Basically, j clean It up and they will come. I really believe that. We have a great thing here just waiting for the right movement to happen. 67 '.. To or traffic to the lake the water & beaches have to be clean & maintained. To accommodate guests you must '.. provide food, beverages & activities. To keep them coming back for more fun you must provide lodging. In order to attract guests from other counties & states you must provide them w6i a place to stay & activities to look forward to. i We have the natural landscape we just need to build the man made amenities that are required to sustain all vacation destinations - Dream Extremo doesn't just have to be a dream it can become reality. 68 If soon will can we expect to see some changes or improvements to the beautiful lake? More.masturants chains.needed, more by nottom of orlefa. More police on Ortega r 0 More family beaches for boaters to beach their boats. The cove can get busy & wild at times & Inappropriate for r families. If you allowed towables we would spend double the amount of time we currently do on our lake. 66/95 1/27/2016 5:23 PM 1/27/2016 5:13 PM 1/27/2016 4'.58 PM 1127/2016 4,05 PM . 1/27/2016403 PM -. 1/27/2016 3:38 PM 1/27/2016 10:38 AM 1/20/2015 7.52 PM . 1/20/2016 6:15 PM 1/19/2016 10:16 PM 1/19/2016 7:08 PM 1/19/201612:34 PM 1/19/2016 9:19 AM 1/18/2016 6:29 PM 1/18/2016 3:59 PM 1/18/2016 4',13 AM 1/17/201611:23 PM 1/17/2016 6 00 PM 1/17/2016 5:36 PM 1/17/2016 5:12 PM 1/17/2016 11:48 AM 1/17/2016 11'.29 AM Expanding the Use of Lake Elsinore and Its Amenities 71 We moved to L.E. because it's somewhat a slower paced small town. We would like it to stay that way, though we 1/17/2016 1021 AM 91 understand its advantageous to expand the city for economic growth. 1/14/2016 3:01 PM 72 A biking trial around the lake will be awesome ':- 1/11/2016 9:55 AM 73 1 would like to see a clean sweep of crime being committed taken care of. To feel safe is a big part of my picture. 1/17/2016 0:23 AM 93 Thank you 1/14/2016 12:01 PM 74 bike trail around lake 1/16/2016 8:46 PM 75 !: 1 work in Lake Elsinore and live right next to Lake Elsinore. I am in favor of anything that would make Lake Elsinore be j 1/16/2016 8:35 AM 04 more ettracllve. I love it! 1/14/2016 11'.25 AM 76 My concern is the element that's on the public beach in the summer. More policing Is needed �. 1/16/2016 8:20 AM 77 I loved being a resident of LE, but when I got laid off from my job of 17 years in the OC I was forced to leave. I spent 4 _.. 1/16/2016 5:16 AM months trying to find something locally and not a single call back; 4 days in MN and I find a job that pays more then a livable wage. My point is less focus on the lake and more on economic development! I live in a city with less then half the population yet 100% more employment opportunities and with the perfect balance between economic and recreation. I went from traveling a 105 miles daily to 6, 1 love living and working in the same city! Economic growth first '. and not just low paying, parl time service jobs, but real full time jobs that pay liveable wage. Invest in residents job needs and not their recreation needs. OK rant over and I will always consider Lake Elsinore our home town, I love the city! 78 Why Is the recycled water Input near the lake bottom no longer contributing water to the lake? Why are you trying to 1/15/2016 11:43 PM expand activities into a lake that is approaching mud pit status rather than concentrating on adding water and = removing transients from the area? 79 ; 1 am really looking forward to the continued progress our city is making. I truly believe adding some of these 1 1/15/2016 11:31 PM suggestions to our lake would increase revenues to our city and it would definitely make our cky a hot spot to visit. 80 1 would like to see all those boats with the large noisy motors muffled.My cars need to be muffled so why are these - 1/15/2016 10:01 PM boats given a free pass to wake me up in the early morning especially on the week ends. They are so load that you can hear them 6 blocks away from the lake. 81 1 love my lake:) 1/15/2016 6:36 PM 82 The lake needs to be cleaned out and around or we need to clean and yet rid of all the old and stores that sell junk 1/15/2016 12:54 PM !. and put better stores 83 ,Please clean up Lake clarity 1/151201612:03 PM 84i I love Lake Elsinore! I will always consider it on, home!! 1/15/2016 9',56 AM 85 j It would be great for the lake to have a boardwalk with many restaurants and shops and entertainment 1/15/2016 7',51 AM opportunitics,and to have a pier extending over the lake to attract tourists and for our own residents. 86 I think the lake Itself could still be cleaned up a little better. Also, Elm Grove Beach needs to be cleaned better at the 1/15/2016 7:08 AM water line. Thank you. 87 I.. #1 Armed security!! 42 Clean up the homeless problem #3 Get rid of the tweakers over there. Until then us 1/15/2016 1:17 AM homeowners who do pay taxes are not willing to use the facilities in our own back yard because it's not safe there. Oh and let's add more lighting please!! Way to dark over there! ! Make it family friendly not (weaker heaven! 88 _ Lets focus more on restoring the lake and using non -motorized activities (and a clean, family friendly environment) to drive more visitors- like a pier with games. 89 Possible tram lift to Ortega mountains perhaps? 1/14/2016 9:44 PM 1/14/2016 8:36 PM 90 It would be nice to see walerslides 1/14/2016 5:57 PM 91 Fix central Ave near rosette canyon, and get rid of homeless people 1/14/2016 3:01 PM 92 ! This survey sounds like it's only to enhance LA Laguna and not the other camp grounds along the lake what's good tot j 1/14/2016 2:42 PM 1. one had better be good for all. 93 1 would like to see the lake water maintained at a higher levol. The water Is so low you cannot use the'back cove. 1/14/2016 12:01 PM Also I would like to see the homeless camps cleaned up from the beaches and tree line. People do not want to visit - our town or use our lake when they don't feel safe. ' 04 Would like to see a cleaner shoreline 1/14/2016 11'.25 AM 95 = The city, campground and the lake was more promising and desirable before the new director came into office. 1/14/2016 12'.32 AM 96 ' Bring back Elsie' More functions for deniers, 1/13/2016 10'.00 PM 67/95 97 Expanding the Use of Lake Elsinore and Its Amenities Food and private businesses need to be a major focus! You want people? You need to give them an alternative to going to the river or a lake out of state Open up the Aquatic center and start educational programs for all ages. Please let's not lose our best asset...a wonderful beautiful hotel .... at any cost. I know how to fix it. Ian on the historical society here and will continue to fight for this 68/95 1/13/2016 9'.02 PM 1/13/2016 8 38 PM 1/13/2016 8:36 PM Expanding the Use of Lake Elsinore and Its Amenities i:.28; ,= How would you prefer to receive information about the lake activities and/or events? Ansty^red:327 Shlppcd:59 Phone I Mail `o'm Email I. City Website t Social media (e.g. Facebo... Billboard None of the above/ Not... 0% 10% 20% 30% 40% 50% 60% 70% 801% 90% 100% Answer Choices Responses Phone 2.14% 7 Mail _... _.... 20.18%.. ._.36 Email _.... 51.38% 168 City Website __.. 44.04%.. 141. Social media (e.g. Facebook, YouTube, Twitter, Instagram) 51.99% __.. _.... ,.... ...19.57%. 170 Billboard .4_. None of the above/ Not interested _.. _. 8.26% 77... Total Respondents: 327 ... k 1 2 3 4 5 6 7 Other (please specify) _... _...... XGwQStx@grnaiLcom paper newsletter _.. _... _.... Newspaper I hardly hear of any lake events due to lack of publicity, I'll keep informed lupel157@yahoo,com 69/95 Date 2/12/2016 5'.58 PM 2112Y2016 7'.16 AM 2/11/2016 9'.47 PM 1/28/2016 8'43 PM 1/28/2016 5:41 PM 1/18/2016 5:17 PM 1/17/2016 5:12 PM Expanding the Use of Lake Elsinore and Its Amenities 8 (Next Door) is a web site that is so awesome. It lets people know what's happening in there areas. 1/17/2016 8:23 AM 9 ! Circulate via mail to ALL RESIDENTS a monthly activity calendar or, at the very least, a summer activity calendar - 1/16/2016 8:20 AM blighting all upcoming events. Residents shouldn't have to go searching for what's in our own town. The cith should be i delivering it to us. You would have a better turnout and possibly have more of every community represented at your events. Lake Elsinore is a growing city (whether natives like it or not) and city hosted/ offered events and ammenities should be readily available for everyone. The way you promote Wintefest would also be a good way to promote other events and ammenities. 70/95 Expanding the Use of Lake Elsinore and Its Amenities °;r2�1 If wish to receive you information about lake activities/events, please fill in your contact information below and/or follow us on social media at www.facebook.com/CityofLakeElsinore, www.facebook.com/LEExtremeRecreation o r on Twitter at @CtyLakeElsinore. An:;untred: 121 : hEp%pod: 2 ;g Answer Choices Responses __... _.._ _... _...... Name 86.61% ._ 110..... Company .. .. 0.00% 0 Address 75.59% 96 Address 0.00% .. 4 _.. City/Town ....... 79.53%. ... 101" State/Province 77.95% _... _99 . ZIP/Postal Code 80.31% 102 Gauntry _....... 0.00% _... _.. 0_. Erred Address 95.28%.. _. 121... Phone Number _. 55,91% # Name _ ._.. Date 1 i Lynn Jones.. _... 2/29/2016 1:58 PM 2 Paul Chaklos... _ ... ....... _. 2/29/201612.18 PM 3 !. Darrell stephrn 2/23/2016 6:09 PM.... 4.. Cindy McHorney.... 2/21/201611:05 AM_. _. 5 ! Dani Newman __.... ! 2/16/2016 6'.55 PM 6 ! Rebecca Woodcock .... _. ....... 2/15/2016 7 28 AM 7 Douglas Norfolk 2/1412016 3:21 PM.... 8 Cecilia Burch 2/14/2016 2:54 PM 9 Ernie Odio -i 2114/20168:26 AM 10 ',, Lori Sleeman ! 2/13/2016 3:32 PM 11 Cassandra Madison ,.; 2/13/2016 2'46 PM 12 Daug Rafferty. 2/13/2016 12:11 AM 13 C West 2/12/2016 5:58 PM 14 Sue Tintorer 2/12/2016 4:18 PM 15 Leonel Orellana 2/12/20164: 10 PM 16 Ginni Edwards 2/12/2016 12:02 PM 17,.. Oscar Castro t 2/12/201611:13 AM 71 /95 Expanding the Use of Lake Elsinore and lts Amenities 18 Steve Borich j 2212/2016 10:22 AM 19 Rochelle 2/12/20167:58 AM Sean Sykes......2/12/2016 7:37 AM 21 i Rita Johnson r 2/12/2016 7:03 AM 22 John W Osborne 2/12/20165:27 AM 23 i Teren King 2/12/2016 4:27 AM ,_.. ..._. 24......annette ogle.. _ 2/12/20164:12 AM 25 Clarence Lester 2/11/201611:49 PM 26 John O'Connor 2/11/2016 11.37 PM 27 George Garcia 2/11/2016 9.47 PM 28 Ric Greenwood 2/11/20168.37 PM ........ 29 '..Carson Bates. _... _ 2/11/2016 7:20 PM. _....... 30 ,... Brett Till _..... ._...... _.._ 2/11/201612'. 21 AM 31 ? Bryan Milstead _... i 2/6/2016 8:37 AM _._ ......_ _..... 32 Jerry Carlos. 2/3/20161: 57 PM 33 - JIM PRITCHARD ....... 2/3/201610: 02 AM ...._ .._.... ........ _. ... 34. ..mark sakowski 2/1/20162:54 PM ..2/1/2016 35 Krista Murphy. ,.... _ ...... _. 10:58 AM 36 .L.. Mike 1/29/20162:40 PM ..37. L.. David 1/29/2016 7:30 AM . Anaruth Nunez 1/28/201611:43 PM 39 Joanna petez 1/28/201611:18 PM _ _40 _41 ,.. William leyva -.. .... 1/28/20168.35 PM :Doug Spencer 1/28/20164:39 PM 42 f everett ashley 1/28/2016 4'.08 PM 43 Shawn Tucker ! 1/28/2016 4',02 PM ..44 Michael Ramirez _. _. _... ! 1/28/2016 3.08 PM ...45 Norval Woolstenhulme _.. ... _. _. 1/28/2016 1:15 PM 46 Patricia Parker 1/28/201611:21 AM _...... .. 47. _, Bryan Patzwald _ 1/28/2016 10:20 AM 48 Myke Strafford 1/28/2016 9:06 AM 49 i Daniel _..... 1/28/20168:48 AM 50 William hemmer 1/28/20168: 23 AM _. 51 one speiry. 1/28/201 G 7'. 30 AM 52 Gordon Kline 1/28/20166' 24 AM 53 Jan Eaigle 1/28/20164'.38 AM 54 !. Robed Rodriguez ', 1/27/2016 8:59 PM 55 Brad Hilt 1/27/2016 7:55 PM Jarnes Fischer 1/27/2016 G. 55 PM 57 Scott Albright 1/27/2016539 PM 58 Shane 1/27/20164: 54 PM 72/95 Expanding the Use of Lake Elsinore and its Amenities 59 Lisa Gilchrist 1/2712016 4:03 PM 60 _61.,.. Brad Forbes __. - 1/27/20163:04 PM ....... Mitchell DUSLAK _. 1/20/20167:52 PM. 62. .._Sarah Bedford ._.. _. 1/20/20166.59 AM.. _... 63 Henry Ladines 1119/2016 7:08 PM 64 ..65. i Karen Emery ....._. ........ 1/19/2016 5',45 PM ._.CANDICE BOURG ._.... _...... 1/19/201612:47 PM _. 66 ,_. John .lacnhsen 1/19!201612.34 PM._. _... 67 Virginia Gonzalez 1/19/201612:11 PM 68 Kristie Roddque 1/19/201612:06 PM 69 4 Nikki j 1/18/20168:25 PM 70 .71.. Annelise Polaris _... 1/1812016 6:29 PM __.... ... Erica Andersen _.... 1/18/201610:14 AM...._ ._.... 72 Michael Baca } 1/18/2016 9:47 AM 73 Meghan Gomez 1/18/2016 8:15 AM 74 _75 =. Jon Roof _... .1/18/2016 6:03 AM _76 _. Dennis Veazey _.. 1/18/20164: 13 AM__. Garry 1/17/20165:3Gf M...... 77 ! Lupe Ballesteros --; 1117/2016 5:12 PM 78 Elvia Sabana 1/17/2016 3:13 PM 79 Jeff Jahns _ 1/17/201612:13 PM 80 Beth _.Liliana _.... .. ....1/17/201611:29 AM. .. 81.. _.. ....... 1/17120161000 AM.... _.... 82 !. Deb ..... 1/1712016 8:23 AM 83 Markisha Williams _ __. 1!16120168:20 AM.. _... 84 Robert Carlson _...... 1/16/20165: 16 AM 85 Elizabeth Mujica _... 1/15/201611:31 PM 86 Nadine & William Childress _.Megan 1 1/15/201611:24 PM 87 Batson. _.. ...Christine 1/15/2016 10:52 PM 88.. Hunt _... _. _...... 1/15/2016 6:36 PM _.. 89 .,...Glen Hpdges .... 1/15/20162:21 PM 90 Mark Austin.. ...1/15/2016 11:25 AM 91.. ,..Janette sapp_.. _.. 1/151201610: 42 AM. 92 Erica Randall ! 1/15/2016 10:22 AM 93 !...Kellee Stevenson 1/15/20169: 55 AM. 94 Darlene Rindal _. 1/15/2016 8:14 AM 95 .. Wendy Hayden ....1/15/2016 7'.08 AM 96 Dana zonlgra( 1/15/20166'. 38 AM 97 kare postil 1/15/20165'. 53 AM 98 Daniel R. ! 1/14/2016 8'.36 PM 99 ; monies blakely ! 1/1412016 5:57 PM 73/95 Expanding the Use of Lake Elsinore and Its Amenities 100 ' Amity Saucedo 1/1412016 5:57 PM 101 Faith kelsey 1/14/201612:01 PM _.. Carl Virden _... _..... ..... 1/14/20166:40 AM 103 Marsha Santos'! 1/13/201610:00 PM 104 Crystal Reed -- 1/13/2016 9:30 PM 105 Lisa Sullivan - 1/13/20169'. 06 PM _. 106 -. Robert Buck..... ._...... .. _..... _ ._._. 1/13/2016836 PM 107 Chris Simmons 1/13/2016 8 36 PM ....108 :._McBride _. .. _,_..... _. ......, .,.. 1/13/2016749 PM__.. .. . ...109 ,.. Norma fischer ...... __.. --... _.. _... _... 1/13/20167:15 PM . ..... 110 ;.. Allison Perez.. _ _..... 1/13/2016 6:50 PM # ....... company .. ,', Date. ... .... There are no responses...... __.. _.. #_.,.. Address.... Date..... . 1 906 Lakeshore Dc 2/29/2016 12:18 PM.. . 2 .I 41043 sunsprite at ... 2/2312016 6',09 PM.. . ..3 21 Bella Firen/e _ ! 2/211201611:05 AM . 4 ...41009 Crimson Pillar ... 2/16/2016 6:55 PM. .. .. 5 18035 Lakeshore Dr. ... 2/14/2016 3:21 PM 6 '.. 313 DAVIS ST 2/14/2016 2:54 PM 1 27125 Peach St 2/13/20163: 32 PM . 8 - 53034 Gallica Street -- 2/13/20162:46 PM 9 -. 53055 Imperial St .. . _... —. ...... ........ ...... _ 2/13/201612:11 AM .... .. 10 !. 53211 Beales St '.. 2/12/2016 5:58 PM.... 11 53003 Alba Street ....... _.. _.... 2112/2016 4'.10 PM . 12 36 Vista Palermo _._.. 2/12/2016 12 02 PM ....... . _.. _. _. 13 40923 Whitehall St - 2/12/2016 11:13 AM .. _... 14 1 45009 Thalia Lane. .. _..... 2112/2016 10 22 AM 15 Babaoka ......... _...... _..... 2112/2016 7:58 AM 16 :. 53172 Odyssey Street 2/1212016 7:37 AM 17 ! 294071_upine Hills Drive 2/12/20167: 03 AM 18 53220 Ambridge Sl _.. '.. 2/12/2016 5'.27 AM 19 41021 marquise st - 2/12/2016 4'.12 AM 20 53048 Imperial St •.; 2111/2016 11'49 PM 21 ! 41017 Chambord Dr _..... 2/11/2016 11:37 PM 22 31776 Canyon Estates Dr. '.. 2/11/2016 9: 47 PM 23 7 Via Palmoki Ct 2/11/2016 8:37 PM 24 40938 Whitehall Street _ 2/11/2016 T. 20 PM 33072 Churchill Sl 2/11/2.01612: 21 AM 26 17646 Raley ave 2./5/2016 8:37 AM 27 31500 Grape St 4111 2/3/2016 1:57 PM 74/95 Expanding the Use of Lake Elsinore and Its Amenities 28 !. 15980 GRAND AVE M49 2/3/2016 10:02 AM 29 2977 Lancaster In _..... 2/1/20162:54 PM 30 . __.. j 29271 Auburn Drive .. _.. ...PO _. .._. .2/1/2016 10x8 AM ..... 91 ..... . Box 2369 .. ,.. 1/29/2016 2.40 PM 32 t 21608 John st 1/28/2016 11:43 PM 33 ,29261 crystal ridge court .. __. 1/28/201611:18 PM 34.. _. ....... 34272 woodmont dr ,... __.._ _... 1/28/2016 8 35 PM 35 9390 Rancho st __. ........ _. .____. .,..... j 1/28/2016 4:39 PM ,. 36 _._... 522 e franklin st i_.. _..... 1/28/2016 4:08 PM 37 3964 stens st ! 1/28/2016 4:02 PM 38 10742 Edision Ct 1/28/2016 3:08 PM 39 28106 Panorama Hills Di 1/28/2016 1:15 PM 40.. ,._ 13 Corte Rosso 1/28/201611:21 AM.... 41 ! 34101 Lady Fern Ct 1/28/2016 10:20 AM 42 '. 5599 Harmony Drive _ 1/28/2016 9:06 AM 43 ? 1116 Dana dr 1/28/2016 8'.23 AM 44. -...22907 pheasant or. _... 1/28/20167: 30 AM.. 45 15128 Versailles Street 1/28/20166:24 AM 46 16501 caribou st 1/28/20164:38 AM 47 180 s Terra Cotta rd 1/27/20168: 59 PM 48 27035 sapphire st 1/27/20167: 55 PM 49- _.0.. 13067 Waterwheel Drive ..... 1/27/2016 6:55 PM ;.. fori est _... _.. 1/27/2016 4:54 PM. 51 30505 Canyon Hills Rd#402 1/27/20164: 03 PM 52 PO Box 1227 i 1/27/2016 3:04 PM 53 15108 teakwood 1/20/2016 7:52 PM 54 ..55.. 29404 golden glove .. _.. ..... 1/20/2016 6:59 AM _56 ,...18465 Grand Ave ..... 1/19/2016 7.08 PM :- 17373 Ryan Ave _ _ ..1/19/2016 5:45 PM 57 15219 WASHINGTON AVE 1/19/201612 47 PM 58 ..59 33590 Skylark Dr 1/19/201612'. 34 PM ..60 207 E. Graham Ave. Apt. B.. 1/19/2016 12'.11 PM ....15520 Washington Sl. .. 1/19/2016 12:06 PM 61 ! 24 Via De La Valle _ 1/18/20166: 29 PM 62 241 S Terra Coils Rd 1/18/2016 10:14 AM 63 : 15321 Spyglass Dr l 1/18/2016 8:15 AM 64 .; 31896 Vinewood CRT { 1/18/20164: 13 AM 65 15155 Chaumont St '.. 1/17/2016 5:36 PM 66 32042 Freesia Ct, 1/17/2016 5'.12 PM 67 i 15074 Danielle way - 1/17/2D163'. 13 PM 68 31872 Birchwood Drive 1/17/201612:13 PM 75/95 Expanding the Use of Lake Elsinore and Its Amenities 69 Quintana 1/17/201611:29 AM 70 40942 Diana lane 1/17/201610:00 AM _.. _ .1/17/20168.23 29126Edgewood Dr -.. _... AM.. 72 29279 Aubum Dr 1/16/2016 8:20 AM _.. _.... 73.. 5556154th Ln. NW. _. __. ..._.. 1/16/2016516 AM.....,. 74 ;215 N Lewis at 1/15/201611:31 PM - _. . 75 ...40920 Diana Ln _. ...._ __..... 1/15/2016 11:24 PM 76 132821 valley view ave 1/15/2016 10.52 PM 77 17524 Cottrell Blvd 1/15/2016 6:36 PM 78 ' 32304 Machado St 1/15/2016 2:21 PM 79 19450 Stonewood Lane 1/15/201611:25 AM 80 3635 cherry blossom lane 1/15/201610:42 AM ... 81.. .._408 w.heald eve _ 1/15/2016 9:55 AM_._. 82 3481 Apple Blossom Lane 1/15/2016 8:14 AM _..... _.. 33. ....104 S. Lewis St. Apt 8.. ,.. 1/15/2016 7:08 AM 84 15720 lake terrace 1/15/2016 6:38 AM 85. ..11232 astern drive ..... _.... 1/1412016 5:57 PM 86 29538 Major League 1/14120165:57 PM 87 32905 Macyst 1/14/'201612:01 PM _... 88 3661 Mari Drive _. .... _. _.... 1/14/20166:40 AM..._ 16560 Grand Ave. #4 1/13/2016 10:00 PM . 90 32882 Pepper Dr _.. ... 1/13/2016 9:30 PM. _ 91 21044 Canyon Ridge Dr..._... -.. 1/13/2016 R06 PM _ . 92 1158 Lake Vista Dime _. 1/13/2016 8:36 PM... 93 33115 Dowman 1/13/20168,36 PM 94 32835 Fairmont Lane 1/13/20167:49 PM 95 29480 Mcvicker Canyon Park Road 1/13/20167:15 PM 96 ! 29456 major league 1/13/20166', 50 PM # Address 2... Date.._ There are no responses. # Cit97Town Date... 1 Lake Elsinore ! 2/29/2016 12:18 PM 2 ! Lake Elsinore _. .; 2/23/20166:09 PM_ 3 .. Lake Elsinore _. 2/21/201611:05 AM 4 { Lake Elsinore _ 2/15/2016 6:55 PM.... 5 Lake Elsinore 2/14/20163:21 PM 6:; Lake Elsinore 2/14/2016 2:54 PM... . 7 Porris. .. 2/13/2016 3:32 PM Lake Elsinore 2/13/20162:46 PM 9 Lake Elsinore 2/13/201612:11 AM 10 Lake Elsinore ' 2/12/2016 5a8 PM 76/95 Expanding the Use of Lake Elsinore and Its Amenities 11 !. Lake Elsinore - 2/12/2016 4:10 PM 12 Lake Elsinore 2/12/201612:02 PM 13 Lake Elsinore 2/12/201611:13 AM 14 ! Lake Elsinore 2/12/20161022 AM.,,... 15 j Lake Elsinore ...Lake 2/12/2016 7:58 AM 16. Elsinore.. 2/12/20167:37 AM.. 17 ...18 Lake Elsinore ..... ..... ! 2/12/20167: 03 AM .._.. ..Lake Elsinore _... .. _.. ,.. _.. ... 2/12/2016527 AM._.. _. 19 _.... .... Eastvale _.. _..... ..2/12/2016427 AM 2 lake elsinore 2/12/2016 4.12 AM 21 Lake Elsinore 2/1112016 11:49 PM 22 Lake Elsinore. _.._ _.._. _. ..... _ ... .... ......... 2/11/201611:37 PM... _ 23 ...... :, Lake Elsinore. ..... .... _ 2/11/2016 9:47 PM _... 24 ..25 Lake Elsinore .. _..... _.2/11/20168.37 PM. _..... ...... ........ t Lake Elsinore _. _..... 21111201 C 720 PM_ _.... 26 _27 Lake Elsinore _.. ...... _. _...... 2/11/2016 12:21 AM . Lake Elsinore. .. .... _ x_.2/5/20168:37 AM_. :.. 28 Lake Elsinore _..... __.... 2/3/2016 1 57 PM _. _.... 29 LAKE ELSINORE _.... _ 2/3/201610'. 02 AM 30 corona. _..... _... 2/1/20162:54 PM _.. 31 '':. Lake Elsinore .. 2/1/201610: 58 AM 32 ! Sun City .... ._. 1/29/2016 2:40 PM 23 .. _.... _ Lakes Elsinore ..... _..... 1/29/20167.30 AM.. _. _.. 34 Perris .. _1/28/2016 11:43 PM _. 35 Lake elsinore.. '.i 1/28/201611: 18 PM _... 36 : lake elsinore .. ',; 1/28/2016 8',35 PM 37 Alta Loma...... .... j. 1/28/2016 4'.39 PM 38 ! lake elsinore _...... 1/28/2016 4:08 PM _.... 39 Riverside..... 1/'28/20164:02 PM 40 Rancho Cucamonga .. V28/2016 308 PM 41 Menifee 1/28/2016 1'.15 PM 42 Lake Elsinore ....... _.... -:. 1/28/201611:21 AM 43 Lake Elsinore _. : 1/28/2016 10.20 AM 44 !. Mira Loma 1/28/20169: 06 AM 45 Ontario _ 1/28/2016 8:48 AM. 46 Costa mesa .. 1/28/2016 8:23 AM 47 s canyon lake 1/28/2016 7'.30 AM 48 Lake Elsinore _... 1/28/2016 6'.24 AM 49 Lake Elsinore 1/28/20'164'.38 AM 50 Lake Elsinore 1/27/2016 8:59 PM 51 Menifee 1/27/2016 7:55 PM 77/95 Expanding the Use of Lake Elsinore and Its Amenities 52 Corona : 1/27/2016 6:55 PM ..... ........ ... 53. Lake Elsinore _. 1/27/20165:39 PM henderson 1/27/20164: 54 PM... 55 (Lake Elsinore 1/27/2016 4:03 PM 56 Lake Elsinore 1/27/2016 3:04 PM 57 Lake Elsinore 1/20/2016 7:52 PM _ 68 Le _ 1/20/2016 6:59 AM .... ....._......- _... ..59. ,...Lake Elsinore _.. ___ 1/19/20167:08 PM_..._ 60 Lake Elsinore 1/19/2016 .5:45 PM 61 SAN CLEMENTE 1/1912016 12:47 PM .1/19/2016 ..62. ,...Lake Elsinore 12:34 PM _ _. _. ... 63.. ,....Lake Elsinore. ... 1/19/201612:11 PIM ..._.... 64.. ,.. Lake Elsinore' _. _....... _... 1/19/201612.06 PM... _...,. _.65 Lake Elsinore. _. 1118/2016 6:29 PM _. _..... .__. .. 66 ! Lake Elsinore. _. _. 1/18/201610:14 AM 67 Lake Elsinore-, 1/18/20169,47 AM _. _. _. 68 i...Like Elsinore. _... ........ 1/18/20168.15 AM .._... .....69 Lake Elsinore _. 1/18/2016413 AM. 70 Lake Elsinore 1/17/2016536 PM 71 lake Elsinore 1/17120165',12 PM Lake Elsinore 1/17/2016 3:13 PM 73 - Lake Elsinore 1/17/201612:13 PM 74 Lk. ELSINORE _ 1/17/201611:29 AM .1/17/2016 _.75 ;.. LE _.. 10:00 AM. 76 ! Lake Elsinore 1/17/2016 8:23 AM 77 Lake Elsinore 1/16/2016 8:20 AM _. ... _78 Ramsey....... ._.. _... 1/16/20165:16 AM ... _... 79. _...Lake elsinore. .. _... ___ 1/151201611:31 PM.. 80 Lake Elsinore 1/15/201611:24 PM ...1/1512016 81 Lake Elsinore _. _ 10:52 PM 82 Lake Elsinore 1/15/2016 6:36 PM 83 Lake Elsinore - 1/15/20162:21PM. 84 Lake Elsinore : 1/15/201611.25 AM 85 -. lake elsinore 1/15/201610:42 AM. 86 Lake elsinore 1/15/2016 9:55 AM 87 lake Elsinore 1/15/20168:14 AM 88 Lake Elsinore 1/15/20167'. 08 AM 89 Lake elsinore 1/15/2016 6:38 AM culver city 1/14/2016 5'.57 PM 91 Lake Elsinore 1/14/2016 5.57 PM 92 Lake Elsinore 1/14/2016 12'.01 PM 78/95 Expanding the Use of Lake Elsinore and Its Amenities 93 LE 1/14/2016 6:40 AM 94 ' Lake Elsinore .. ._. 1/13/201610:00 PM 95 _.... Lake Elsinore 1/13/2016 9 30 PM 96 _97. Lake Elsinore .�.. ,.__ i 1/13/2016 9:06 PM _._. . _ Lake Elsinore. ...... _._. ..._. 1/13/20768:36 PM_.... ... 98 Lake elslnore 1/13/2016 8:36 PM 99 Lake Elsinore 1/13/2016 7:49 PM 100 ( 1 ake Flsmnre 1/13/2016 7 15 PM 101 j Lake Elsinore 1/13/2016 6:50 PM #.. ,...State/Province _ .... _. _... _. Date 1.. _.z,. CA _.CA _.... ._.... 2/291201612,18 PM_. _. _. _.... ... _.. _...... .._.._ ... ... 2123/20166:09 PM_._. 3 _ CA _.... _...... .... _ _ ,_... 2/21/207611:05 AM . 4 __.... CA. _.. _. .__ _.. _. 2/1612016655 PM .... ..... 5 _... ._.CA .2/14/2016321 PM _... 6 CA 2/14/20162, 54 PM 7 CA _... 2/13/2016 3.32 PM 8 CA .. 2/13/2016 2.46 PM _ _... 9.. CA _..... 2/13/201612:11 AM 10. CA 2/12/20165:58 PM 11 CA _. .2/12/2016 4:10 PM 12 _ ,...CA ........ __. _....... ... 2/12/2016 12:02 PM 3._. _.. _.. CA _. _..... 2/12/201610: 22 AM _. 14 ,._CA _CA 2/12/20167.58 AM.... 15 2/12/20167.37 AM... _. 16 CA ! 2/12/2016 7:03 AM 17 CA _._.. _... 2/12/20165: 27 AM.. 18 CA _CA 2/12/20164:27 AM_ 19 _.. _. 2/12/20164:12 AM. Z0 + CA ........ l 2/11/201611: 49 PM 21 ! CA 2/11/2016 11:37 PM 22 :. CA _..... 2/11/2016 9'.47 PM 23 CA 2/11/2016 8:37 PM . 24 CA 2/11/20167: 20 PM 25 CA 2/11/201612:21 AM 26 1 CA 2/5/2016 8:37 AM 27 CA _... 2/3/2016 1',57 PM 28 CA 2/3/2016 10:02 AM. 29 ':. CA l 2/1/20162: 54 PM. 30 CA _ 2/1/2016 10:58 AM 31 CA :': 1/29/2016 2:40 PM W+11OR Expanding the Use of Lake Elsinore and Its Amenities 32'. CA i 1/28/2016 11:43 PM 33 !.. CA '.i 1/28/2016 11:18 PM . : { CA ;._CA .... 1/28/2016 8:35 PM _... _.. .. 35. _. _... _ . ... ... __ 1/28/2016439 PM_... 36 CA 1/28/2016 4.08 PM _... _... _ 37 CA 1/28/2016 4:02 PM 35 CA 1/28/2016 3 08 PM 39 CA 1/28/2016 1 15 PM 40CA 1/28/2016 11:21 AM 41 ',Cq 1/281201610:20 AM _ 42 CA 1/28/2016 9:06 AM _. .. _. 43 CA ... _.. 1/28/2016 8:48 AM 44 CA 1/28/2016 8:23 AM _.45 -_.CA -.. 1/28/20167:36 AM. _.._ ...... _.. ..1/28/20166:24 46. CA _ AM.. _... 47 :: CA 1/28/20164:38 AM 48 CA : 1/27/2016 8:59 PM 49. CA _. .... _..... 1/27/20' 167:55 PM 50 t CA 1/27/2016 6'.55 PM .. 51 CA _. _.... 1/27/2016 5'.39 PM .- NV 1/27/20164.54 PM 53 CA 1/27/2016 4:03 PM _ ...54.. CA .... 1/27/2016 3:04 PM _. 55 - CA... -. 1/20/20167'. 52 PM 56. CA 1/20/2016 6:59 AM 57 CA 1/19/2016 7:08 PM _ ....... 58 CA_ _.... 1/19/2016 5:45 PM _. ._..... 55. ,. CA _.. ... 1/19/201612:47 PM 60 CA.. 1/19/2016 12:34 PM 61 CA ... _..... 1/19/201612:11 PM 62 CA 1/19/2016 12:06 PM 63 CA 1/18/2015 6:29 PM _. 64 .. CA : 1/18/2016 10:14 AM _ .. 65 CA 1/18/2016 9:47 AM 66 ' CA '.. 1/18/2016 8:15 AM 67 CA 1/18/2016 4:13 AM 68 CA ..; 1117/2016 5:36 PM fig _ CA 1/17/2016 5:12 PM _. CA 1/17/2016 3:13 PM 71 CA 1/17/2016 12'.13 PM 72 CA 1/17/2016 11'.29 AM 80/95 Expanding the Use of Lake Elsinore and Its Amenities 73 CA 1 1/17/201610:00 AM 74 CA...1/17/20168:23 ..... _... AM 75. .... CA .. ... ".. 1/16/20168: 20 AM _. 75 _. MN _. _. 1/16/2016 5.16 AM 77. ._.... .... CA !.... _.. _.. ... _. _... 1/15/2016 11:24 PM.. 78 CA 1/15/2016 10:52 PM 79 ... j CA _.CA .,.._ _... _...... 1/15/20166.36 PM 80. .__.... _... ....., _.. _... .' 1/15120161725 AM... . _._.. 81 .82. CA ... _CA _ _.._ 1/15/201610:42 AM _.... _..... .... _. _._ 1/15!2076 9 55 AM _... _.. 83 # CA _. .. 1/15/2016 8:14 AM 84 '....CA _ _...... ... _.. 1/1512016 708 AM __.. _.. 88 _.86. CA _.CA _.. _...... 5/2016 6:38 AM _ 1/15/20165:53 AM... 87 ' CA _... .. .. ._.. ...... 1/15/2016 1.17 AM- _. 8B _. CA 1/14/2U16 5:57 PM 89 CA _..... _... 1/14/2016 5,57 PM _. 90.. CA _ 1/14/201612:01 PM.... _. 91 _92 CA _... ._ .... _.. _. .1/14/2016 6.40 AM "....CA .. .. _... _... ..1/13/2016 10 00 PM .. 93 ,...CA _...... ! 1/13/2016 9:30 PM 94. ...95. CA _CA .. _.... ...1/73/20169:06 PM _...... _.... _.. .... 1/13/20168:36 PM .. _. 86. CA _ _.... ..1/1312016836 PM 97 is CA 1/13/2016749 PM 98 .. .99.. _ CA 1/13/20167:15 PM CA _..ZIPIPostal _ _..... 1/13/20166:50 PM... #_. Code _. Date...._ I 92530 2/29/2016 12:18 PM 2,...92532 _... _ 2/23/2016 6.09 PM 3 92532. ....92532 !, 2/21/201611: 05 AM 4. ...92530 ..... 2/16/2016 6:55 PM 5_. _..... .2/14/20163:21 PM 6 92530 2/14/2016 2:54 PM 7 :...92570 2/13/2016 3:32 PM 8 ! 92532 .. 2/13/2016 2:46 PM 9 93532 2113/2016 12:11 AM 10 92532 2/12/2016 5'.58 PM 11 92532 '': 2/12120164'. 10 PM 12 92532 2/12/2016 12:02 PM 13 192532 2/12/2016 11'.13 AM 81 /95 Expanding the Use of Lake Elsinore and Its Amenities 14 92532 2112/2016 10:22 AM 15 i 92532 ! 2/12/2016 8:27 AM _... 92532 __... _... 2/12/2016 7.58 AM.... .... 17 92532 ..._.... ....... _..... - 2/12/2016 7,37 AM..._.. 18 92530 2/12/2016 7:03 AM _.. _..... 19 92532 2/12/2016 5:27 AM.. _._. 20 92532 ..._ _... _.... ..... 2/12/20164:12 AM.. 21 92532 2/11/201611:49 PM 22 ; 92532 2/11/2016 11:37 PM _.. ... _23 ,..92532 _... ...._. .... _... .. 2/11/20169.47 PM_... 24 92532 : 2/11/2016 8:37 PM 25 ! 92532.... ..... _. 2/11/20167:20 PM _... .__... 26 % 92530 ........ ... .__.. . _.. 2/11/201612:21 AM 27 92530 2/5/2016 8:37 AM __. .. _._. _ 28 92532.. ...... .... _.. _... 2/3/20161 57 PM_ 29 92530.. 2/3/201610:02 AM. _.. 30 92882.._ ...... 2/1/2016 2 54 PM .. .. _.. .. 31 :. 92530._.... ,....... 2/1/201610.58 AM. _. 32 ...92586. _. : 1 /29/2016 2:40 PM 33 92570 _..... _ 1/28/201611:43 PM !. 92530 1/28/201611:18 PM. 35 92532. 1/28/2016 8:35 PM 36 91737....... 1/28/2016439 PM._.. _ 37 92530. _.. _.... ! 1/28/20164:08 PM _. 38. .: 92503 1/28/2016 4 02 PM 39 ! 91730 ',. 1/28/2016 3:08 PM .... 40 92584. ._. 1/28/20161A 5 PM.. _... 41 .92532 __. .. _....... 1/28/201611.21 AM... _. 42 .,..92532 _ _. 1/28/201610:20 AM 43 91752 ... 1/28/20169', 06 AM.. 44 :-. 92626 1/28/2016 8'.23 AM 45 92587 _.. 1/28/2016 230 AM 46 92.530 1/28/2016 6:24 AM 47 92540 1/28/20164'. 38 AM.. 48 92530 - 1/27/2016 8:59 PM 49 92584 1/27/2016 7:55 PM ....... 50 92883 _... 1/27/2016 6:55 PM 51 92537. 1/272016539 PM 89015 1/27/20164:54 PM 53 '.. 92532 ., 1/27/2016 4:03 PM 54 92531 1/27/20163:04 PM 82/95 Expanding the Use of Lake Elsinore and Its Amenities 55 92530 _ _.... '.� 1/20/2016 7:52 PM 56 .. 92530. ..... 1/20/2016 6:59 AM 57 92530....._ ...92530 _... ..... _... _.... 1/19/20167:08 PM. 58 _. _. 1/19/2016 5 45 PM 59- 92530 L.. 1/19/201612:47 PM 60 92530 1/19/201612:34 PM 61 ;92580 _... ,.... _...... 1/19/201612:11 PM 62 _.... 92530 ......._ .... ._.._._ _.... 1/19/201612:06 PM.._ __.. 63 92532 _.._ _..... 1/18/x166'.29 PM ._.... 64 __... 92530 _._ .. _1/18/201610 14 AM. 65 _. ' 92532 ..92530.._.... 1/18/2016 9:47 AM 66. ,.. 1/18/20168: 15 AM. 67 _68 92532 1/18/2016413 AM 92530 _... _. _.. ..- 1/17/2016536 PM_.. 69 92532 1/17/2016 5 12 PM 70 :; 92530 1/17/2016 3'.13 PM 71 ! 92532 _..... ,.. 1/17/2016 12:13 PM 72. !: 92530. .. 1/17/201611:29 AM 73 ! 92532 _..... _ 1/17/2016 10:00 AM 74 92530 _...... 1/17/20168:23 AM. 75 ! 92530 1/16/2016 8'.20 AM 76 ! 55303 1/16/2016 5:16 AM 77 ! 92530 _... ... .... 1/15/201611:31 PM 78 92532. _. 1/15/2016 11:24 PM 79 92530 _...... 1/15/2016 10:52 PM 80 92530 ... 1/15/2016 6:36 PM 81 _82': .. '..92530. . _.... ..._ .1/15/'20162:21 PM.. 92530. _... _..... ...... _.. 1/15/201611:25 AM 83 92530 ..1/15/201610:42 AM 84 92530 1/15/2016 9'.55 AM. 85 ! 92530 1/15/20168:14 AM 86 ..87 92530 - 1/15/2016 7:08 AM ''. 92530 ! 1/15/2016 6:38 AM 88 92570 '.. 1/15/2016 5:53 AM 89 92532 1/15/2016 1'.17 AM 90 92530 _. 1/14/20168', 36 PM 91 90230 1/14/2016 5:57 PM 92 '... 92530 :r 1/14/2016 5 5 PM 93 ',. 92530 1/14/x16 12:01 PM 94 92530 1/14/2016 6 40 AM 95 92530 1/13/2016 10:00 PM 83/95 Expanding the Use of Lake Elsinore and Its Amenities 96 92530 1/13/2016 9:30 PM ......... 97 ! 92532.... _. '_, 1/13/2016 9:06 PM ....... _ ;.. 92530 ... _... .... 1/13/2016 8 36 PM 99 92530 1/13/2016 8 36 PM 100 92530 1/13/2016 7:49 PM 101 92530 1/13/2016 7:15 PM ,... _._.. ...... ....102 .._92530 _ ... _. 1/13/2016650 PM.. # Country _. .. Date .. ._. There are no responses # Email Address Date I lynndjones2009@gmaiLcom 2129/2016 1:58 PM 2 pain@chaklos.corn 2/29/2016 12:18 PM _. ........ ,. _kd41043@gmail.com .,.,... 2/23/2016609 PM. 4 jorgenmoller@gmail,com 2/22/201611:51 PM 5.. �..cindymchorney@gmail.com... __.. 2/21/201611:05 AM 6 .; sitmore@vei izon.net... _.... 2/19/20164'.21 PM _.._ 7._. theump44@gmail.com ... .... __..... 2/16/2016655 PM 8.. inrswoodcock82@aol.com.... .... _.._.. .... 2/15/2016728 AM..._. _...... _. 9. ! elpscadr33@aol.com ..... ._..... _. ........ 2/14/20163.21 PM 10 ceeliaburch@gmail.com 2/14/2016254 PM Ernstero@nisn.com - 2/14/20168:26 AM 12 %... dlandr@hotmail.com _... ... : 2/13/20166:51 PM..... 13.. ....1 steeman@verizon.net ....... ... 2/13/2016 3:32 PM..... 14 clmadison@venzon.nel 2/13/20162: 46 PM 15 thesullyz@gmad.com 2/13/201611 :43 AM 16 d I bestfriends@yahoo.com - 2/13/201612:11 AM 17 xcwestx@gmail.com W2/2016 PM 18 - tinlorer.matawan@gtnaii.com 2/12/2016418 PM 19 Iecorellana45@gmail.com 2/12/2016 4 10 PM 20 edwclan@msn.com j 2/12/2016 12:02 PM 21 ocastropapo@ginail.com ':- 2/12/201611:13 AM 22 ImagineAV@AOL.com : 2/12/2016 10:22 AM 23 !, ozziale@msn.com 2/12/20168: 27 AM... 2.4 ',. satcfan05@yahoo.com 2/12/2016 7:58 AM 25 ssykesl3@gmail.com 2/12/20167:37 AM 26 r_carman@msn.com 2/12/20167'. 03 AM 27 ` nick,lechiara@yahoo.com 2/12/20166', 10 AM 28 lohnnyvegasollo@gmaiLcem .. .. ... 2/12/20165'. 27 AM.. terenong@gmail.com 2/12/2016 4'.27 AM 30 annette909@1-iolmail,corn : 2/12/2016 4:12 AM 31 9 clarencelester@gmail.eom 2/1 0201611.49 PM 84/95 Expanding the Use of Lake Elsinore and Its Amenities 32 SaxIjohno@gmaiLcom 2/1112016 11:37 PM 33 worldwide951@gmaiLcom _ 2/11/20169:47 PM 34 oagbiosahs@yahoo.com. _.. .. 2/11/20168: 37 PM_.... ... 35 carsonwbl 2@gmail.com .. 2/11/2016 7:20 PM.. _........ 36 bpcollector2012@gmaiLcom. 2/512016 8.37 AM 37 evictionprofessionals@yahoo.com 2/3/2016 1:57 PM 38 JPRITC4400@AOL.COM ...mssakowski@sbcglobal.net.. 2/3/20161002 AM...... _,.. 49 2/1/20162:54 PM ..._.. .... _. 40 ! mikelvl903@gmail.com 1/29/20162:40 PM 41 ',.. daboxco54@gmaii.com _._... _.. _......... 1/29/20167:30 AM...... _...... 42 anaruth09@icloud.com 1/28/201611:43 PM 43 j fez 15@att.nel 1/28/201611 18 PM 44 Ngbadbill52@hotmail.corti 1/28/2016 8 35 PM ... .. ,.... 45 aldolici@hotmail.com ...... _... 1/28/2016541 PM..... .. 46 dougalguality@outlook.com.. _ _.. 1/28/2016 4 39 PM 47 eashley836@aol.com........ 1/28/20164:08 PM.... 48 lucksdaytona@hotmail.com 1/28/20164:02 PM 49 office@primemanncusa.com 1/28/20163: 08 PM...,,.. 50 simsanne@gmaiLcom 1/28/2016 2:24 PM . 51 drvr32@verizon.net 1/28/20161:15 PM 52 patriciap8@sbcglobal.net 1/28/201611:21 AM 53 ! bryan_patzwald@Yahoo.coin ........ _ _....... i 1/28/201610:20 AM 54 .., rhskatc@aol.com 1/28/2016939 AM.... _... 55 geoffnkaya;e@gmail.com _..... _ 1/28/2016 9 37 AM 56 : mykestrafrord@holmail.com 1/28/20169:06 AM 57 ',; jnmfiltering@gmail.com 1/28/20168:48 AM 58 '.. bill inland@yahoo.com _.... _. _... _. X1/28/20168:23 AM... 59 .. tccollier82@aol.com _. ... .. 1/28/20168.09 AM.. 60 ! gnmkline@Yahoo.com _. 1/28/2016624 AM. _.. 61 ! wndysly@ca.rr.com ... 1/28/2016438 AM _. _.... 62 xhoser911@yahoo.com 1/27/20169:20 PM. 63 i sharkbail951@yahco.com 1/27/20168:59 PM 64 III bradtksvc@yahoo.com. 1/27/20167:55 PM. 65 ! scottalbright@hohnail.com 1/27/20165:39 PM 66 rstout36@9mail.com ..... 1/27/20165 14 PM 67 whitingminx;@ymail.com 68 independenl4est@yahoo.com 69 jross192@att.nct 70 haachlUvr78@gmaiLcom 71 bforbes4@msn.com 72 ! It500miteh@2o1.cam 85/95 1/27/2016 4:58 PM 1/27/2016 4:54 PM 1/27/2.016 4:52 PM 1/27/2016 4'03 PM 1/27/2016 3:04 PM 1/20/2016 7:52 PM Expanding the Use of Lake Elsinore and Its Amenities 73 mrandmrshedrock@yahoo.com 1/20/20166:59 AM 74 hladinesl@verizon.net -: 1/19/20167:08 PM _.. .. ,._ladywillow73@msn.com _. _ ... _.. -.. 1/19/20165:45 PM 76 BOURG23@MSN.COM 1/19/20161247 PM 77 toohnan45@gmail.com 1/19/2016 12:34 PM 78 3121love@gmail.com ! 1/19/201612:11 PM 79 -. kempomama@gmail.com 1/19/2016 12.06 PM 80 nikkicampbel13@yahoa.com 1/18/2016 8 25 PM 81.. ....annestevep@msii.com . _... 1118/2016 6 29 PM 82 ericaandersen@verizon.net 1/18/201610: 14 AM 83. mbpaintreP@yaheo.com. 1/18/20169:47 AM 84 meghangomez@aol.com ...... 1/18/20168:15 AM ._ _..... . ..85.. @....)onroofl@gmaii.com... .._.... _.. _. 1/18/20166:03 AM... _... ..86 ! dennisveazey@yahoo.corn _.... 1/18/20164:13 AM _. 87 -. garryjalowka@autlook.com ...... ...1/17/20165:36 PM.... 88 lupel 157@yahoo.com. ,..1/17/2016 5:12 PM ..... _..... 89 --.. ebstafkey@msn.com __... 1/17/2016 3:13 PM _._ _.90 !, 1lohns48040a gmail.com ._... ........ ... 1/17/201612:13 PM _.. .... 91. +.. mom2kjq@verizon.net - 1/17/201611:29 AM . 92 rlguzman05@msn.roin -. .. _._ 1/17/201610:00 AM deb.luquias@gmaiLcom 1117/2016 8:23 AM 94 prestigemepro@gmail.com "- 1/16/20168: 20 AM _. _... 95.... icarlson42@gmail.com ........ ... _.. 1/16/20165:16 AM _ _... 96 egmujica@aol.com 1/15/201611'. 31 PM 97 ms_acosta@hotmaii.com 1/15/2016 11'.24 PM 98 meganbatson25@yahoo.com 1/15/201610:52 PM 99 candcplus3@veri2on.nel 1/15/20166:36 PM ....... ...... ...100 ,... glcnhodgcs@yahoo.can __. ...... _..._. 1/15/20162'.21 PM ...101 rruacho@live.com .. 1/15/'201612.54 PM 102 parrothedmaik@yahoo.com _ - 1/15/201611: 25 AM 103 janette_broadmoreirs@nsn.com 1/15/2016 1 014 2 AM 104 happytkamcmmy@gmail.com 1/15/2.016' 10:22 AM 105 ke.Foestevensonl 3@gmalLcom _ 1/15/20169'. 66 AM _.. .. 106 dar66@mso.corn 1/15/20168'. 14 AM _. .. 107 wendysvodd(c@yahoo.cnm _. 1/15/20167'. 08 AM 108 zentgrafsamsn.com - 1/1512016638 AM 109 kdpostil@yahoo.com 1/15/20165'. 53 AM 110 `- monlcablakelyl 27@msn.com _ 1/14/20165'. 57 PM amity.klichen@gmall,corn V W20'16 5.57 PM 112 ! klama4@Icloud.ccm 1/14/20161201 PM 113 i cvirden@venzan.net 1/14/20166'. 40 AM 86/95 Expanding the Use of Lake Elsinore and Its Amenities 114 ! noarsha.lee1954@yahoo.com 1/13/2016 10:00 PM 115 ...116 fa ntasylanddrone@hotmail.com .. 1/13/2016 9,30 PM ...1.17 '... funmon7@yahoo.com ..-.. ._ 1/13/2016906 PM .... ... .... �.. unklbuk@hotmail.com _... _ 1/13/2016836 PM.. _..... 118 chrls41253@gma11,com G 1/13/20158: 36 PM 119 kimbermc08@gmaiLcom .1/13/20167:49 PM 120 nifgiraffe@aol.com ! 1/13/2016 7'15 PM 121 i almissu76@hotmail.com 1/13/2016650 PM 4 Phone Number _ Date 1 949-777-5250 _..... 2/29/201612:18 PM 2 9498745891 i 2/16/2016 6:55 PM 3 (951)674-4219 2/14/20163:21 PM 4858-353-1189 2/14/2016 2.54 PM 5 9519439222 .. ... 2/1312016 3:32 PM 6 ! 5627129380 2/13/2016 2:46 PM 7 ..8... 9515228370 ..9514155864.... _. 2/13/2016 12:11 AM ... _...... 2/12/20165: 58 PM __.. ... 9.. .._ 19512299385 ...... _... 2/12/2016 4:10 PM 10 :-.951-245-6360 _. _... -... __ 2/12/2016 12:02 PM 11 ! 9492942233 _..... 2/12/201611:13 AM... 12 ,_.13.. 3106789436 _... 2/12/2016 10:22 AM ,...9098969628.... ...... .....19492017709... _ _...._. 2/12/2016758 AM 14.. _.... 2/12/2016 7.37 AM _ _. _.... 15 �, 951-245-1360 f 2/12/2016 7: 03 AM 16 15622358020 _. 2/12/2016 9:27 AM.. . 17 j 3106789228 2/12/20164:27 AM 18 ...19 6262936148. .... ......... 2/12/2016 4:12 AM 9515817664.... _.. 2/11/201611:49,PM_. 20 7602206906..2/11/20161137 PM 21 9513266200 2/1112016 9:47 PM 22 951-245-1790 ...7143900303... ... 2/11/20168: 37 PM 2 _ 2/11/2016 7:20 PM ... 24 ....951'.245.2001. _. 2/3/2016 1:57 PM 25 951-233-7626 ..... 2/3/2016 10:02 AM 26 9513227946 _.. 1/28/2016 11:43 PM 27 9516741706 : 1/28/201611:18 PM 28 909-484-9677 1/28/20164: 39 PM 29 ! 9515442010. '', 1/28/2016 4:02 PM. 30 ._. 909484-8338 1/28/20163: 08 PM 31 951-246-1324 1%28/20161:15 PM 32 951-544-7143 1/28/201611:21 AM 87/95 Expanding the Use of Lake Elsinore and Its Amenities 33 ` 909 633 0854 1/28/2016 8:48 AM . 34 - 626-991-2129 1/28/20167:30 AM.. _....... 951-852-8647. ..... 1/27/2016 8:59 PM.. _..._ _._... .. _. 36 951-316-5606 _._. . _..... ..... __. 1/27/20166.55 PM.._. _... . _.... _. _.. _.37 ....702-308-1882. _.. _.. _..... 1/27/20164.54 PM.. 38 9516912397. _. ... _.... 1/27/2016 3:04 PM ...... .. .. ....39 "" 9515265307 _. _... ... _. 1/20/20167:52 PM ....__ .. _.. .. AO.. 7607174935 _... .......___ 1/20/2016659 AM 41 9512011918 1/19/20167'. 08 PM _._. ... ..... 42.. :'.. 9515810814 _. _. _..... 1/19/2016 5'.45 PM 43 BOURG23@MSN.COM 1/19/2016 12:47 PM44. _... ...1/19/2016 ,. ,... 17144020839. .. ........ _..... ....... 12:34 PM _..... 45 ! 9493061164... _...... __._ ..... _.. 1/19/201612:11 PM ..._ _...... 46. :_951-821-0110. _. ., 1/ 19/201612:06 PM 47 !951-315-6691. .__. _.. 1/ 18/20168: 15 AM 48 5626310632 1117/2016 5:12 PM _ _. ._. 49 "' 9513172225. .. ..... 1/17/2016 3:13 PM _. 50 '. 9512954758 ...... ......... : 1/17/2016 12:13 PM.. 51 -. 9518585902 1/17/201611:29 AM _...... _ 52 5628057997 1/16/2016 8: 20 AM ''. (951)956-5151 1/16120165', 16 AM 54'9516741303 11/15/201611:31PM _..... ... . 55 9512459819. _ 1/15/2016 11:24 PM _. _... 56 9513999198 _ _ 1/1512016 10:52 PM _.._ 57 9095785364 _.... 1/15/20166:36 PM. 58 9098311243 „ 1/15/20162:21 PM 59 9516785235 ... _.. _. ':" 1/15/201611:25 AM ..... 60 "': 714-872-3391 1 1/15/201610:42 AM 61 714 7184227 1/15/2016 9:55 AM _. 62'. 9512459634 _. '.. 1/15/20168:14 AM 63 "' 7608452316 1/15/2016 6:38 AM 64 '., 7146968866 ........ 1/14/20168: 36 PM. _. 65 3109742081 1/14/2016 5'.57 PM 66 7147210502. 1/14/20165'. 57 PM. 67 '.. 9512643386 1/14/2016 6'. 40 AM.. 68 + 951283-1250 1/13/201610'. 00 PM _.. 69 9514739753 1/13/2016 9',06 PM 70 5302103619 1/13/2016 8'.36 PM 9515791554 1113/2016 7.15 PM ii � Expanding the Use of Lake Elsinore and Its Amenities a Do you have any other suggestions regarding lake use/beach use that you would like to provide here? Answered: Sr Skipped: 299 # Responses.... _... Date...... 1 ! During peak season the amount of boaters\jett iers going the wrong way around lake and other unsafe practices 2/29/2016 5 51 PM (jetskis making sudden turns without looking, etc..) is really scary. What would you think about asking people at launches how many people would be driving the boat/jetski and give them each a short test to take before they get on water. All answers are in the brochure you already give them but we all know they rarely read and this would reinforce the lake rules. Tests don't need to be turned In or anything It would just get everyone who Is driving a boat/jetski to learn the rules in a quick and easy fashion. Before I let anyone drive my boat I go over the take rules with them but if I could have a simple test they could take it would reinforce the point much better. 2 _ 1 know it's a popular activity, but please out down on the fishing, or at the very least, fine those who leave don't clean 2/20/2016 4:13 PM up after themselves and leave hooks and dead fish lying around. I have more than once stepped on a hook. 3 Alcohol and any water activity increase the likelyhood of accidents. 2/19/2016 4 23 PM 4 KEEP OVERFLOW CHANNELS CLEAN OF BRUSH AND OVERGROWTH. KEEP HOMELESS UNDER CONTROL 2/16/2016 1:11 PM 5 Clean the water! I give my childion Epson salt baths when they get out. 2/15/2016 7:29 AM 6 More enforcement on the lake 2/14/20163'22 PM 7 Good luck ... 2/13/2016 12:11 AM 8.. More police patrol in Rosetta Canyon 2/12/20165', 58 PM 9.....More publicity on community activities. 2/12I2016 5:35 PM 10 Need more athletic options, less motorized 2/12/2016 4:18 PM 11 ,Lets help keep it clean land and shore. - 2112/20164: 11 PM 12 The lake seems unhealthy. Not somewhere I would go in the water. Until it's better we won't be going ( 2/12/2016 3:51 PM 13 ! If you develop it for high end uses -fine dining, etc, the money they will come. Everyone will benefit and support. 2/12/2016 12:05 PM 14 : Stock the lake with catfish, trouts, bluegills, & sunfish on a regular basis. 2/12/2016 11:21 AM 15 ! Clean up the drug needles 2/12/2016 12:25 AM 16 ! improve the sand quality on the beach, clean up trash, get rid of homeless hanging out at lake ! 2/11/2016 11:39 PM 17 _18 = Food festivals, flea markets, concerts at the lake, movie nights, Fantasmic style night shows over the lake. 2/11/2016 9:52 PM no 2/11/2016 8:40 PM 19 Building a dock with restaurants and "carnival" like amenities 2/11/2016 723 PM 20 It is Important to get people that do not use or think that It is a stink hole that is unsafe to come out to the lake by 2 2/11/2016 4:51 PM having events that would get attention like racing. Especially if you can get tv exposure 21 We need more lake use swimming is a must Main street needs a pier. - 2/11/2016 1.27 AM 22 = It would be, great to have nice dining with a view of the lake, I would frequent that often. - 2/3/20162 00 PM 23 j Again, consider heating liability for those visiting your lake and residents living close. to or on the lake. Thank you, f 1/30/2016 11:51 AM 24 No 1/29/2016 7'.30 AM 25 - There are many homeless and lots of people asking for handouts that malre it uncomfortable to picnic and bring the 1128/2016 11:20 PM entire family to the lake for a day out j 26 ) More enforcement of beach use/cleanliness! This will help limit contamination and spread of germs. Also, some sort of �. 1/28/2016 9'04 PM water treatment could help debris and algae from accumulating in the lake. 27 More fishing beaches 1/28/20168:44 PM 89/95 Expanding the Use of Lake Elsinore and Its Amenities 28 build a pier like the old days with stores, boat rentals, rides, fishing, etc, etc. '., 1/28/2016 8:39 PM 29 Prohibit PWCs that pollute the lake and implement enforcement measures to prevent beachgoers from littering. 1/28/2016 5:47 PM Preventive measures such as signage and lrashbarrels are a start but are not enough to keep the lake and beaches clean. 30 All for the jetski area on the beach! Lot of people calling us asking when it will be open! 1/28/2016 2:25 PM 31 1 Might help to have a Lake Patrol boat to enforce rules & be various services to boaters. I would like to apply if you ever 1/28/2016 1:18 PM do. Lots of boating experience. 32 Yes on the Roundabouts at RR Canyon & Franklin Yes on Boardwalk from Main St. To lake Yes on improved cafe.. & 1/28/2016 11:26 AM restaurants on Main SL & Lake 33 I Implement the Downtown Master Plan, it would bring more people to the Lake. Also everyone has something to say 1/28/2016 10.22 AM about the water "looking" dirty, maybe try to filter it? 34 We should be able to keep our boats in the water overnight. 1/28/2016 9:44 AM 35 More trash receptacles and recycling bins. Encourage folks to dispose of thea waste propel ly. 1/28/2016 9:20 AM 36 i I've been coming to Lake Elsinore since the 70's. It would be such an awesome lake if it could be cleaned up. The 1/28/2016 8:32 AM water is and always has been so green and disgusting. 374 Keep all beach areas a little cleaner 1/28/2016 8:29 AM 38 Leave the "Nigh Speed" zone in place, that is the only good thing about the lake and the only reason I visit it. 1/28/2016 8:29 AM 39 f Bring best racing back! 1/28/20168:20 AM 40 ANNUAL passes for city launch & open earlier in morning ... 1/28/2016 8:11 AM ....... 41. _.. _. _. _.. 1 1/28/20168:08 AM.. " 42 put the lake to work for the city! 1/28/20167.13 AM 43 "! The water isn't very clear, can't see the bottom when approaching the shore. Might consider dredging where the boats 1/28/2016 6:41 AM enter and exit the boat launch area. Damaged props are a turn off to boaters Would be nine to have water front RV hookups with nice sandy beaches where you could camp and anchor the boat 1/27/2016 9:22 PM up right in front of the site " 45 ! Lint motor size to 5 hp or less and make it a world class destination for fishing, kayaking, sailing and wind surfing 1/27/2016 7:01 PM 46 Same as before about the water quality of the lake. 1/27/2016 6:57 PM 47 "; Bring back the racing at the lake 1/27/2016 5:39 PM 48-: A marina with docks and overnight slips for boats with shops and restaurants could greatly enhance the lake as well '.; 1/27/2016 5:37 PM as generate significant tax revenues. 49 some place to eat that overlooks the water. 1/27/20165:26 PM 50 1. 1 might go there again if you clean that Lake water up 1/2.7/2016 5:24 PM 51 There's not many food concessions within short walking distance of Elm Grove Beach. Perhaps allowing food truck 1/27/2016 10:44 AM vendors would service & possibly increase use of the beach. 52 "i Remove weeds and shrubs that will soon be under water!!!! 1/20/2016 8:05 PM 53 The beaches look great and are well maintained. 1/20/2016 6:18 PM 54 Sidewalk access for Ada/ stroller / wagons to the sand arras would be ideal . Adding newer sand and maybe having 1120/2016 795 AM paid and volunteer clean up crews -high school community service hours ? Secuhty Mansuras, bike paths, a pier/ boardwalk, observation deck, More restroom facilities, a chewer to clean off sand before getting in the car, 55 Make a bridge that would connect Lakeland Village/ Ortega hwy and downtown. Bridge could be for fishing, cycling, 1/19/2016 7:11 PM !. jogging and commuting! _ 56 ! No 1/19/201612:38 PM.. Please see my comments from question 4125 1/19/2016 9:23 AM Cine 12 slates that the lake Is clean and healthy. When 5 do use the lake, it has e foul smell and have seon several 1/19/2016 6:12 AM doad fish, therefore, I not use the lake often. 90/95 Expanding the Use of Lake Elsinore and Its Amenities 59 There needs to be a place on the lake where you can sit relax watch the boats and enjoy a drink or something like we 1/18/2016 6:11 PM !- did at cranes - 60 ! Duck hunting on the lake .. _. _.. _.... 1/18/2016 4:01 PM.......... 61 No 1/18/20164:14 AM 62 It would be great to have restaurants on the lake. The lake seems to be wasted and it is so beautiful. The idea of the 1/17/2016 11 27 PM i boardwalk we have heard for years would be great. That wouldn't only be great for residents, but would have to t Increase property values 63 Attract Private Investors & Developers by allowing more development around the lake with less restrictions. I 1/17/2016 5:41 PM personally would purchase land along the lake & build cabin rentals if I knew the city would be willing to work with me i on such a project instead of imposing too many restrictions that such a project would take too long or become too costly due to too much red tape. 64 Not sure if it's available yet but a credit card machine to pay for the launch/day pass at La Laguna would be nice. - 1/17/2016 1023 AM 65 We need to have fine dining around our beautiful lake It I love our city and would lave to see restaurants around it - 1/17/2016 10:01 AM make mor invitingll 66 Put in recreation parks for our families. 1/17/2016 8:25 AM 67 bike trails 1/16/2016 8'.47 PM 68 Would love to see a boardwalk/pier with shops, eating venues 1/16/2016 5 14 PM 69 -: Safe biking trails would be a huge draw to our area. Especially if it were possible to make a trail that went all around 1/16/2016 8:37 AM the lake, 70 A city run pier and public walking/biking paths 1/16/2016 5:18 AM 71 1 definitely think making the beach area more family oriented would be. great. A playground would be a great start., 1/15/2016 11:33 PM Adding vendors onsite would be beneficial as well 72! Available Seafood Restaurant - 1/15/'201611: 26 PM 73 Am at reef similar to lake per ris for bass fishing. Maintain the cove better and gel rid of the. weeds on the shore 1/15/2016 746 PM in it. 74 ! A lot of locals like to use the cove and should probably put a bit more emphasis on facilities and or beautification. 1115/2016 12:07 PM 75 ! 1 think the beach by Petrel Park should be accessible to the public as a wading/dog area 1115/2016 10 24 AM 76 Movie events at La Laguna... Check out STREET CINEMA events in Los Angeles for a good model. 1/15/2016 9:58 AM 77 - Keep it clean, add a boardwalk with shops/restaurants/entertainment, add a pier 1/15/2016 8'.01 AM 78 Clean up Its water Brown foaming water in no way can be healthy or safe ! 1/15/2016 5'.24 AM 79 Vii armed security to protect us if needed 42 clean up the homeless problem!! #3 clean up the drug problem down , 111 5/2 01 6 2:25 AM there" 80 Have more areas to launch kayaks, paddle boards etc, 1/14/2016 9:46 PM 81 I would like to see the lake maintained at a higher level. 1/14/2016 12.04 f M 82 Remove the director and follow through. _.... 1/14/201612:33 AM 83 _. ! No 1/13/2016 9:06 PM _. 84!. Hire a full time patrol to supplement the Sheriffs as well as LEMSAR. Which are volunteers. 1/13/2016 8.41 PM 85 .. La Laguna needs a boat dock with slips so campers and visitors can lie up there boats. Campers could pay a fee for '.. 1/13/2016 8:39 PM each day they need the dock. /'here is not a single dock on the lake that you can lie up to and go get refreshments '.. 1 while you leave your boat in the water. '.. 86 tot area would be great 1/13/2016 7.35 PM 87 Upscale area around lake, Dining with view of lake. Trails and benches. 1/13/2016 7:16 PM 91 /95 Expanding the Use of Lake Elsinore and its Amenities Do you have any other thoughts you would like to share with the City? Anlzwru'ed: 83 Skipped: 381 #_. ,..Responses.... ........ _.. Date _. 1 The homeless/drug use is such an issue in LE that my friends from Orange County don't want to come out and enjoy 2/29/2016 5:51 PM out lake house as they don't feet safe staying there with all the homeless people hanging around. i r 2,... Glad to see sortie progress in this city- 2/23/20169:56 AM 3 I Give lakefront Property owners free Lake use permits, cause we deal with fish Kilts, Floods & Trash landing on our ! 2/23/2016 12:06 AM { property, & help stranded Lake users etc. Please open up Outflow Channel 10 limes its present capacity, ( during •. heavy Rains it is 10 in and 1 out causing Flooding) , Catch debris before it gets into Lake, Dredge Lake make deeper use sluff for Islands out at center for birds & tourist marine activities Etc. Thank You for asking a Lakeland Village, Lakefront Property owner to have Extreme Fun Recreation 1 4 Old downtown needs to hold more events to increase the success of the downtown merchants. 2H 9/2016 4 23 PM 5 ;Same as above j 2/15/20167.29 AM 6 { 1 am not sure about building piers and hotels , eta What If level goes down in the future and we are stuck with these 2/14/2016 4:02 PM -` structures? 7 ' Whiskers Beach needs to be closed at the posted hours of operation. The new parking area is beautiful, but the 2/14/2016 3.22 PM fisherman are there all night long. Sound travels on the lake. 8 As founder of the Rosetta Canyon Hills Nextdoor site (500+ residents) I often hear neighbors voice their concerns 2/13/2016 12 02 PM i over lire types of businesses planner) to arrive. Most neighbors understand, LE doesn't necessarily decide what businesses are interested in coming to our area and these decisions are primarily based on demographics and j forecasting. However, the request for higher end restaurants and shopping centers, Is echoed often. The majority of the Rosetta neighbors would like to increase the perception of LEs quality and stature amongst neighboring cities. ! We're all very interested to observe the progress and are already excited about the upgrades currently under construction. ......... ..2/13/2016 9 !: Good luck.. 12:11 AM 10 Improve water quality, more stocking of (sir. - 2/12/2016 4:11 PM flu 12... 13 14 15 16. 7 18 We are HIGHLY concerned about the homeless encampments in the canyons between Rosetta Canyon (Hills) and 2/12/2016 12:10 PM Canyon Lake. They've already started one big fire and continue to burn stuff back there. We have been verbally attacked and threatened by one man, forced to listen to a (mentally III?) man screaming and yelling profanities throughout the canyon - waking us up at 1:30 In the morning ever. Ironically, as the homeless population in the canyons increases, so does the crime in our neighborhoods. We have been told it's private property back there, when are they going to be made to leave, especially when they pose a potential threat? llse Temecula, Murrieta, Big Bear, Arrowhead cities as examples to find out what works and what doesn't. Even Big 2/12/2016 12:05 PM Bear could do better and provide more benefits, while reaping those rewards! ' Make the lake and Main Street a place were your residents want to enjoy, 2/12/2016 8:29 AM The traffic is getting really bad, lire city was not designed for this many cars. we need to lock into expanding roads and 2/12/2016 7 28 AM putting in new ones. We have a lake make it a main focal point for great shops, restaurants, Boardwalk, concerts. Grow faster. Modernize the whole city. Other surrounding cities are surpassing Lake Elsinore. Clean up the city events! I'm glad to see the City reaching out to residents and users. The take area could be so completely attractive and revenue producing with good long range planning. This is a great beginning, don't let it slide to Ilia hack burner. I I would be glad to participate in any planning activities open to the public. Increase sheriff activity orfund a city police department, I would support assessments to aid In creating a Lake Elsinore Police Department. Also, crack down on transient loitering and panhandling. 92/95 2/12/2016 6'.11 AM 2/12/2016 12:25 AM 2/1112016 9',52 PM 2/11/2016 8'.40 PM 2/11/2016 7'.23 PM Expanding the Use of Lake Elsinore and its Amenities 20 You guys are doing a great job. Looking forward to the future. Lake Elsinore needs to place ads in other city's to 2/11/2016 1'.27 AM attract people here, billboards, bus benches act... 21 Workout areas consisting of hiking/running trails would be so great and I've heard of so many people Suggesting that 2/10/2016 12:58 PM around the lake. 22 Focus on lake use for residents as opposed to people from outside the area. 23 The city of Lake Elsinore has an opportunity to be the recreation mecca of Southern California and really improve the shoreline along the lake to make this a beautiful place to live and a very desirable tourist draw. We need lake side restaurants, docks, walking trails, etc.! Please get this right. 24 Look forward to more fun activities for everyone. _J_. _._.. . _..... 25 1 All of the above. Lake Elsinore is a place to boat but could be a great place boat with some extra effort laced 26 2 28 p on water quality. Better water quality will increase lake activity which leads to more revenue generation and so on. 2/3/2016 2:00 PM 2/3/2016 12:26 PM 1/30/2016 11:51 AM 1/28/2016 9:04 PM build a pier and they will come. - 1/28/2016 8.39 PM Even though the lake is clean, water clarity might holle bring more visitors 1/28/2016 4:04 PM We need to act now on beautifying our city & lake Hundreds more would shop & spend tax dollars if our city was the ! 1/28/2016 11:26 AM 93/95 "go to" place..... we could be the next Orange if plans would be appropriated properly!! Thank you! 29 The roundabout idea for Railroad Canyon is absuml and with the way people drive is a car -accident beacon. Provide 1/28/2016 10:22 AM wider lanes. 30 j r have coming to Elsinore since I was a child way before the freeway was even built when you could drive along the 1/28/2016 8:29 AM i beaches all the way down to the airport .we would come out and camp on the weekends of the boat races cause my f father was a competitive driver.and we e old also come out to watch the Elsinore grand prix motorcycle race too.alpt of great memories and I still use the lake to waterski and just hang out on try boat on a day use basis 31 1 would really like to know where all the launch fees go to, because it sure does not go back into the lake_ 1/28/2016 8,29 AM 32 i Annual passes for city launch & open gates earlier 1/28/2016 8 11 AM 33 1 live on the south side of the lake. There really needs to be a concentrated effort in cleaning up all of the code 1/28/2016 8:08 AM violations. E.G. non -permitted uses, occupied motor home vehicles living on the lake. Better developments and access to the lake 34 Bring back boat racing to Lake elsinorc! W I ukd bearing in crowds to support local businesses. Its a good way for ! 1/28/2016 7 37 AM people to spend the weekend with their famifes. 35 Just please bulldoze all the neighborhoods that are risky dinky. It's sad that I purchased a home here and people laugh 1/28/2016 7:21 AM at me or think I'm crazy for doing so. They say Elsinore is "ghetto", etc. What they fail to understand is that there are many areas that are wonderful. Just get rid of the gangs, drugs, find a way to house the homeless, etc.. I really love the mountain views and most of the people I run into are. friendly. Considering moving at this Fine because it's been 7 years since I purchased this home and I have seen an increase in sketchy characters. 36 ! Just as stated above about the slimes green water. 1127/2016 9',22 PM 37 Please build houses near the Lake Elsinore outlets.Also I just want you to know that this city has a sizable number of 1/27/2016 8:45 PM Australian expels - 38 Fix the pothole at the intersection of Mountain and Lake! 1/27/2016 7:01 PM 39 1 really appreciate the fact that you have the tracks for dirtbikes and UTV's but what about opening more land so that 1/27/2016 8',67 PM families can play with the UTV's more often without having to drive them on the track. As far as the lake is concerned, " I would like to see the water super clear and a plane to go swimming on the beaches with my family with little water parks, blobs, water hampol!nes, etc.... 40 ! Be(,. above 1/27/2016 5:24 PM 41 Support restaurants and business that want to open downtown. Allow more sVeet seating, (Ac. There's 110 r'coach the 1/27/2016 4:05 PM 1 downtown shouldn't be flourishing with restaurants. We shouldn't need to drive to Corona or Temecula for food (other than fastfood and chain restaurants). 42 Please unlock the gate at the outflow channel pedestrian path where it Intersects Riverside Drive/Hwy 74, 1 like to ride - 1/27/2016 3:09 PM my bike on the path but it dead ends at that location with no way to get in or out, Please let me Imow if this can or has: ! been done. Thank you. 93/95 Expanding the Use of Lake Elsinore and Its Amenities 43 Basically there is two ways into the city.... Cleaning Lake from the freeway to mountain at least road to fence line. ! 1/20/2016 8:05 PM 62 Weeds trash eta Riverside.._. What a mass ... WTH is with all those DEAD TREES by the " river walk " Hey are the j 1/18/2016 10:15 AM Definitely need more trails, dirt & concrete so people can skate & bike ride with concessions & bathrooms. _.. ......... city representatives BLIND or what._ You have my name and number, I am willing to report my observations if No '., 1/181201C 4:14 AM needed, weekly, monthly at no cost to taxpayers... CALL ME 1/17/20168: 25 AM 44 Focus on Economic development and tourism. It would be nice to have a walking/bicycle trail around the: lake. + 1/20/2016 6.18 PM 45 Use private funds from Disney or other corporations to bankroll any major projects! ! 1/19/2016 7',11 PM 46 ! No one will want to come to this area or buy here with the roads in the shape they are. I need a 44 to get off my i 1/19/2016 5',51 PM street alone and it isn't even the worst area. It is a literal embarrassment and it is damaging our vehicles. It is also the 1/15/2016 11:26 PM 68 number 1 thing I see complained about on all my media pages. No more patch work or only some areas, ALL file 1/15/2016 7:46 PM roads and streets need to be a priority if you want to show your pride in this city. There is much potential here, but it looks deplorable which does not help our ghetto reputation. 47 1 TOTALLY BELIEVE THAT THE CITIES BIGGEST ASSET IS THE LAKE AND MAJOR ATTENTION NEEDS TO BE '., 1/19/201612:51 PM BROUGHT TO CLEANING IT UP AND ADDING AMMENITIES TO BRING IN TOURIST OR WEEKENDERS - 48 ! Please keep up the work to improve our lake facilities. I would like to see a commercial dock development that would 1/19/2016 12:38 PM 1 include retail stores, food stores, gifts/souvenir stores. 49 Have more of the community volunteer clean up days. The town looked so much better after the last one. Everyone + 1/19/2016 12:07 PM taking pride In the community was amazing! 50 Lake Elsinore has so much potential, yet it seems the city continues to fall in so many things. I thought with the new - 1/19/2016 9:23 AM ! city manager things would change but nothing has. Whatever happened to the dream extreme plans. This was the !: only reason my family decided to buy property out here, because of the Improvements that were suppose to have happened. I understand with the economy slow down in 2008 but now things are improving but our city is SLOW to react. You are building more horeca (great) but what about road conditions, etc. You seem to be ignoring them and they are falling apart. 51 52 54 55. 56 7 58 59 60 Thank you for asking our opinion : 1/18/2016 6:11 PM Main Street can be a great place for tourists! Clean it and the surrounding area up. Shops need to be filled, clean, and 1/18/2016 5:18 PM landlords help accountable. Lung the rich heritage of waterfowl hunting back to lake Elsinore This would generate monies for the city never LI 1/18/2016 4:01 PM achievable during the winter months of past 62 Please pave Terra Cotta Rd between lakeshore drive and Nichols Rd j 1/18/2016 10:15 AM Definitely need more trails, dirt & concrete so people can skate & bike ride with concessions & bathrooms. _.. ......... -: 1/18/2016 9:48 AM No '., 1/181201C 4:14 AM This city has so much going for it. More than our surrounding cities. Our potential has not yet been realized. The task! 1/17/2016 6:13 PM to clean up the city will not be easy. It will regulre intense focus & aggressive efforts from city management & citizens but it needs to happen and it can happen. Once we tackle this problem, there is nothing stopping us from attracting and going after the kinds of business our city needs. Packaging matters. If an opportunity of such exists please feel free to contact me directly for further discussion. ' 1/17/2016 5:4'1 PM Thank you for all that you. Lake Elsinore is truly a beautiful city with a big heart?? 1/17/2016 5:14 PM Put sidewalks in along Grind Ave. It has always looked junky from visitors coming over from Orange County. I have 1/17/2016 12:18 PM lived here since 1979 and it has always been an eye sore. Make Elsinore a Temecula. 61 Looking forward to Alberhill villages & more restaurants & shops j 1/17/2016 11:34 AM 62 There needs to be a place where good teenagers can hang out on the weekends and after school, It's always either 1/17/2016 9:22 AM movies or bowling. After doing a lot of that In middle school, many teenagers resort to non beneficial activities. 63 j Get lire crime under control. 'fhankyou 1/17/20168: 25 AM 64 - 1 tri our area has a lot of potential that hasn't been explored. I /l6/2016 8 37 AM 65 - Job creation first and recreation second. : 1/16/2016 5:18 AM 66 2 1 ani Vol happy with the continuing progression of tiro city. I am looking forward to continued improvements. 1/15/2016'11:33 PM More advertisements 'informing that the lake is heakhy. 1/15/2016 11:26 PM 68 Unrelated to the lake, after closing the shooting grounds we, have nowhere to go. Comb 'uie that with poor his hing and 1/15/2016 7:46 PM closed dirt bike trails i oxalis in a lot less hobbies for us. Reopening those things inlglit give kids something to do besides under drinking and drugs. 94/95 Expanding the Use of Lake Elsinore and Its Amenities 69 The city needs to agrees the homeless and pan handles , crack down on the druggies and build nice homes with paved streets around the lake 70 I miss seeing the Tarzan house 71 72 73 74.. .. _. 75 76 77 78 79 80 81 82 83 84 No more housing. The more people living here spoils the great things about Lake Elsinore. The lake, skydiving and motorcycle track are all unique and I worry the more people we get they will complain about the things that are wonderful about the city. I like not having every spare piece of dirt filled up with houses. The lake could be a great asset to this community, the campground needs a major overhaul, it would be great to be able to pull your boat up to a dock at a restaurant Love it here, been here over 20 years ! Please clean up our city. My heart breaks for the homeless but it has came to the point where I dont feel safe going out at night because a lot of them are not in their right mind and are unpredictable. Please get them help and ! encourage them to move on from our city. Also, the star of our city should be the lake. Clean up around the lake (including surrounding streets by making everything desirable to look at, or put up pretty walls to hide the not so i pretty). Also, our town needs to cooperate more with businesses/restaurants/entertainment opportunities that WANT to come to lake Elsinore. We barely have any restaurants/shops/entertainment on the north side of the lake by La Laguna and Riverside Dr. Our city can keep the quaint feeling of a small town, but WE NEED TO GROW AND EXPAND TO SURVIVE! would love to see a village area around the lake with shops and restaurants 1/15/2016 6.53 AM Get rid of the riff raff and get armed security and or police presence to protect us when we're there and clean up the 1/15/2016 2 25 AM 1/15/2016 12:56 PM 1/15/2016 12.07 PM 1/15/2016 10:46 AM 1/15/201610.02 AM 1/15/2016 8:14 AM 1/15/2016 8:01 ANI homeless problem and then you'll see inore family's use the lake facilities! We have felt unsafe every time we've been ! over there at the take. Cars being broken into way loo much stuff to list of the stuff that goes on but If you want HE to be better place to live in and or a city to play in then think about cleaning it up down there it's run down and isn't family friendly at all! Here's your dose to a reality check! Some of us actually homeowners who pay our taxes a lot of taxes don't feel we should be paying for the city to expand thelake. facilities until you clean up the surrounding areasl! ICs unsafe and looks horrible! Call me a snob but I will continue to go to Canyon Lake and or Orange County to play it's safer and a lot more family friendly! At least I don't have explain to my child why we saw people shooting up dope in the bathroom and or having sex in there. Like I said no thank you! Maybe our city should think about looking into how jother cities have cleaned up it's act and follow in its foo! steps? I recall that Tustin was once like LE back in the day but they cleaned it all up. Mind you Tustin was also a small city who had a bad reputation just as well as LE does but they turned it around and built it up and now Tustin Ranch/Tustin is a beautiful little city and it's nice place to live and too play in but I can see LE does have its potential to just that! Please look into getting investors to better our city we need sidewalks for our kids to walk on and family friendly events not geared towards boys only Please lot let's not forget the healthy restaurants please! If you want college educated people to play here and too buy here then please offer us better choices in our city so that way we can support our city. Thank you from a tax paying citizen! Maintain a meticulously clean and safe lake and surrounding area, add simple trails and events... people will come City needs more formal dining options. Central Ave near Rosetta Canyon is so dirty and unkept. Please fix this. The newer homes are what's gonna bring people to Elsinore, not Main Street. You should seriously consider beautifying the nicer neighborhoods in Elsinore. Too many homeless on Central. Please clean up / take care of our ever increasing homeless population. It is a public safety issue. People do not want to visit our city if they do not feel safe. 1/14/2016 9:46 PM 1/14/2016 8:36 PM 1/14/2016 3:02 PM 1/14/201612:04 PM No .. .... 1/13/2016 9',06 PM........ More businesses like ALOHA PIER. They are responsible and friendly. 1/13/2016 8:41 PM Continue improving city. Clean up north east side of lake. Get more stores & restaurants want to come to lake 1/13/2016 7:18 PM Elsinore, Improve lake and draw more tourists, as well as making it a place residents want to use. Make it something we. can be 1/13/2016 7:16 PM proud of, not an eyesore. 95/95 From: Pat Scoble[mailto:patioshawver@verizon.netj Sent: Tuesday, March 08, 2016 2:22 PM To: Kathi Weathers <keathers@Lake-Elsinore.org> Subject: Fw: From: pete dawson Sent: Monday, March 7, 2016 4:28 PM To: Peter Dawson Subject: Fw: SUPLLEMETNAL INFORMATION AGENDA ITEM NO. 15 Attached is the newest version of the lake use ordinance which will go to the Council tomorrow night, Tuesday, March 8. 1 believe it to be an acceptable set of rules, and, thanks to your efforts, is far better than the early versions. Thanks to all of you who assisted in improving the document. Pete Dawson From: pete dawson Sent: Monday, March 07, 2016 4:12 PM To: Peter Dawson n clucisti This email has been checked for viruses by Avast antivirus software. wt'(' www.avast.com i Agenda Date: 3/8/2016 In Control: City Council Agenda Number: 16) City of Lake Elsinore Text File File Number: ID# 16-109 Version: 1 130 Sonlh Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 31312016 CITY OF ice^ LAKE �LSMORJE DREAM E,KTReMin. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: MARCH 8, 2016 SUBJECT: Recommendation Adopt Resolution No. 2016- ; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING THE BUTTERFIELD TRAIL CONCEPTUAL ALIGNMENT ANALYSIS. Background In 2013 a mutli-agency team began exploring opportunities for development of a multi- use recreational trail following the historic alignment of the Butterfield Overland Stage route through Temescal Valley along the Temescal Wash corridor, from the City of Lake Elsinore to the City of Corona. The trail would link Murrieta Creek Regional Trail to the 100 PLUS mile Santa Ana River Trail, which will travel from the San Bernardino Mountains to Huntington Beach once completed. Staff from the City of Lake Elsinore collaborated with the Riverside County Regional Park and Open Space District, the City of Corona, the Riverside County Board of Supervisors, Riverside County Habitat Conservation Agency and the Riverside County Park District Advisory Commission. The group met on an ongoing basis to map the historical Butterfield Trail alignment while identifying potential alternate routes based on development that has taken place. Additionally, the group received technical assistance from the National Park Service's Rivers, Trails, and Conservation Assistance (RTCA) Program. BUTTERFIELD OVERLAND TRAIL PROJECT March 8, 2016 Page 2 Discussion The collaboration between the various cities and agencies focused on a conceptual trail that would mirror the path taken by John Butterfield (Butterfield Overland Stage Route) that linked St. Louis, Missouri to San Francisco, California. This was the first transcontinental route moving people and mail across the country. In October 2013, RTCA awarded the group a Technical Assistance grant and assigned staff member Patrick Johnston to the project team and to begin work on the Butterfield Overland Trail project through Temescal Valley. With the creation of this document, it will assist agencies in establishing key areas along the historic route for future trail development and preserve an important part of history. A copy of the document is available to the public at: htt ://www.rivco arks.or /w - content/uploads/ButterfieldTrail document 093015 sm.pdf Fiscal impact None. Prepared by: Johnathan O. Skinner Director of Community Services Approved by: Grant Yates City Manager Attachments: Exhibit A - Resolution No. 2016 - Exhibit B - Butterfield Overland Trail Conceptual Alignment Analysis RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE BUTTERFIELD TRAIL CONCEPTUAL ALGINMENT ANALYSIS WHEREAS, in 2013, City staff began meeting with the Riverside County Regional Park and Open Space District, the City of Corona, the Riverside County Board of Supervisors, Riverside County Habitat Conservation Agency, the Riverside County Park District Advisory Commission and the National Park Service's Rivers, Trails and Conservation staff to discuss the feasibility of the Butterfield Trail Connection along the Temescal Wash Corridor; and WHEREAS, the trail would link Murrieta Creek Regional Trail to the 100 plus mile Santa Ana River Trail, which will travel from the San Bernardino Mountains to Huntington Beach once completed; and WHEREAS, one of the main goals of the Butterfield Trail Conceptual Alignment Analysis is to create a consistent trail user experience; and WHEREAS, the historic Butterfield Trail was the first transcontinental route moving people and mail across the country; and WHEREAS, the participating organizations will work collaboratively to obtain grant funding for environmental documentation, planning, design and construction of the trail links; and WHEREAS, the participating organizations will work collaboratively to develop consistent and appropriate signalized street crossing strategies suitable for multi -use trail users at all major intersections where at -grade crossings will be required; and WHEREAS, the Butterfield Trail Conceptual Alignment Analysis is conceptual in nature only and the City is not making any formal amendments to the trail alignments contained in the City's General Plan at this time. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the foregoing recitals are true and correct. SECTION 2. That the Butterfield Trail Alignment Analysis is approved for use in developing trail connectivity along the Temescal Wash Corridor. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. City Council Resolution No. 2016 - Page 2 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED on this 8th day of March, 2016. ATTEST: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE Brian Tisdale Mayor APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016- was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 8th day of March, 2016 by the following vote: AYES: NOES: ABSENT: I►_u?.1MAI lH City Council Resolution No. 2016 - Page 3 Susan M. 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V v a` F` - c v O v v L a NO i ^a V O N � � � � � rv""' \ \ I \ \lzCL \ / \ \ \ CIO 3 2 2 / \ \\ %+/ \ ( _ B ( k \ \ § / \\ \ \ IN /\ \ \ Z73 \ \\ \ / \ \ \ I SUPPLEMENTAL INFORMATION AGENDA NO. 16 March 7, 2016 City Council Lake Elsinore City Hall 130 South Main St. Lake Elsinore, CA 92530 RE: Support for Butterfield Trail Conceptual Alignment Mayor Tisdale: I am happy to see progress being made on the Butterfield Overland Stage route through Temescal Valley. The City of Lake Elsinore has several outdoor recreation options and this trail would complement the active lifestyle the City has to offer. Adding further, a trail that is protected from vehicles is much needed. My husband and I fully support a multi -use recreational trail that will connect the City of Lake Elsinore to the City of Corona. The idea that we could be able to ride our bikes to the Santa Ana River Trail one day is very exciting. Thank you for taking the time to consider this project. iSincerely, ,.--,� cAlmiron /' �J 29410 Star Ridge Dr. Lake Elsinore, CA 92530 cc: Supervisor Kevin Jeffries CITY OF LAKE LSIl`IOI�E DREAM EXTREME. 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 8, 2016 SUBJECT: INVESTMENT REPORT— OCTOBER 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 October 2015. Discussion The Investment Report is a listing of all funds invested for the City of Lake Elsinore and includes funds held 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: Jason P. Simpson Director of Administrative Services Approved By: Grant M. Yates Executive Director Attachments: Investment Report for October 2015 CITY OF^ iLSINORJE DREAM EXTREME - CITY OF LAKE ELSINORE INVESTMENT REPORT OCTOBER 2015 CITY OF LAKE ELSINORE INVESTMENT REPORT OF POOLED CASH AND INVESTMENTS AS OF OCTOBER 31, 2015 BANK DEPOSITS OUTSTANDING BOOK CASH ACCOUNTS BALANCE IN TRANSIT CHECKS BALANCE Bank Accounts: General Checking Account $ 3,730,071 $ 523,778 $ (464,113) $ 3,789,736 Cash On Hand: Cashier Drawers #1 & #2 - - - 300 City of Lake Elsinore Petty Cash Fund 1,000 Total Cash Accounts 3,730,071 523,778 (464,113) 3,791,036 INVESTMENTS City Investments: City Local Agency Investment Fund 11,843,550 - - 11,843,550 City Local Agency Investment Fund for the PFA 329,302 - - 329,302 City CAMP Investments: CAMP Pool Account 39,936 - - 39,936 U.S. Treasury Bond / Note 10,759,411 - - 10,759,411 Municipal Bond / Note 290,464 - - 290,464 Federal Agency Collateralized Mortgage Obligation 404,003 - - 404,003 Federal Agency Bond / Note 6,528,620 - - 6,528,620 Corporate Note 8,695,417 - - 8,695,417 Certificate of Deposit 2,800,000 - - 2,800,000 Housing CAMP Investments: Housing CAMP Pool Account 2,453 - - 2,453 Housing U.S. Treasury Bond / Notes 2,342,132 - - 2,342,132 Housing Municipal Bond / Notes 30,084 - - 30,084 Housing Federal Agency Collateralized Mortgage 70,701 - - 70,701 Housing Federal Agency Bond / Notes 938,999 - - 938,999 Housing Corporate Notes 1,423,949 - - 1,423,949 Housing Certificate of Deposit 200,000 - - 200,000 Successor Investments: Successor Local Agency Investment Fund 90,362 - - 90,362 Successor CAMP Investments: Successor CAMP Pool Account 59,634 - - 59,634 Successor U.S. Treasury Bond / Notes 2,333,314 - - 2,333,314 Successor Municipal Bond / notes 30,084 - - 30,084 Successor Federal Agency Collaterized Mortgage 70,701 - - 70,701 Successor Federal Agency Bond / Notes 1,163,811 - - 1,163,811 Successor Corporate Notes 1,339,397 - - 1,339,397 Successor Certificate of Deposit 200,000 200,000 Sub -total Investments 51,986,321 - - 51,986,321 Market Value Adjustment: Unrealized Gain/ (Loss) at 06-30-15 City 4,631 - - 4,631 Unrealized Gain/ (Loss) at 06-30-15 SARDA 13,632 13,632 Total Unrealized Gain/ (Loss) at 06-30-15 per GASB 31 18,263 - - 18,263 Total Investments 52,004,584 - - 52,004,584 Total Pooled Cash and Investments $ 55,734,654 $ 523,778 $ (464,113) $ 55,795,619 TOTAL POOLED CASH AND INVESTMENTS $ 55,795 619 I certify that this report accurately reflects all pooled investments and it is in conformity with the Investment policy as approved by the City Council on June 9, 2015. 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 February 29, 2016 Director of Administrative Services Date CITY OF LAKE ELSINORE LOCAL AGENCY INVESTMENT FUND TRANSACTION SUMMARY FOR THE MONTH ENDING OCTOBER 31, 2015 Interest Rate Purchase Date Maturity Rate 0.357% Daily 24 -Hour Agency Beginning Balance Net Increasef(Decrease) Ending Balance City $ 11,843,550 $ $ 11,843,550 City for the PFA $ 329,302 $ $ 329,302 Successor Agency $ 90,362 $ $ 90,362 Total Investments Held with Local Agency Investment Fund: $ 12,263,213 $ $ 12,263,213 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF OCTOBER 31, 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 Measure A Fund 114 SB1186 CASP Education 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 121 T. R.I. P. -2014A 135 Lighting & Landscape Maintenance Fund - Dist. No. 1 140 Geothermal Fund 155 CSA152 -- N. P. D. E.S. 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 232 City Fire Protection Fund 254 AD 89-1 Railroad Canyon Rd. Improvement Fund 268 CFD 2006-2 Viscaya Improvement 271 CFD 2005-1 Serenity Improvement 330 CFD 2015-2 Maintenance Services 332 CFD 2006-1 Improvement Area B, Summerly 333 CFD 2015-3 Terracina 342 CFD 2007-5 Red Kite Service Fund 343 CFD 2006-2S Viscaya Services 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 (201313) 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 357 CFD 2003-2 Canyon Hills Debt Service Fund 366 CFD 2005-6 City Center Townhomes Debt Service Fund 367 CFD 2005-3 Summerly Debt Service Fund 3of5 AMOUNT 9,067,346 39,618 24,754 2,578,809 1,320,203 1,709,513 1,111,875 4,370 86,645 1,009,634 425,726 733,536 36,533 629,772 351,056 19,596 94,646 97 802 3,271,987 3,436,401 22,063 1,651,813 63,293 126,253 216 171 4,730 43,112 25,000 1,320 396 188,361 62,061 25,866 80,498 35,821 158,410 627,992 112,229 312,158 19,940 88,527 CITY OF LAKE ELSINORE POOLED CASH AND INVESTMENTS BY FUND AS OF OCTOBER 31, 2015 FUND NO FUND NAME AMOUNT 368 CFD 2006-2 Viscaya Debt Service Fund 100,493 369 CFD 2004-3 Area 1 Rosetta Canyon Debt Service Fund 87,269 371 CFD 2005-1 Serenity Debt Service Fund 105,600 372 CFD 2005-2 Alberhill Ranch Debt Service Fund 414,100 373 CFD 2005-5 Wasson Canyon Debt Service Fund 1,288 374 CFD 2005-4 Lakeview Villas Debt Service Fund 44,251 375 CFD 2006-4 Tract No. 30698 & 32129 Debt Service Fund 16,515 376 CFD 2006-3 La Strada Debt Service Fund 21,504 377 CFD 2006-6 Tessara Debt Service Fund 10,051 378 CFD 2006-8 Tract No. 31957 Debt Service Fund 46,110 382 CFD 2006-9 Trieste Debt Service Fund 31,570 384 CFD 2003-2 Area B Canyon Hills Debt Service Fund 266,872 385 CFD 2004-3 Area 2 Rosetta Canyon Debt Service Fund 357,977 386 CFD 2007-4 Mekenna Debt Service Fund 9,271 387 CFD 2007-5 Red Kite Debt Service Fund 59,390 388 CFD 2007-6 Holiday Inn Debt Service Fund 3,804 392 CFD 95-1 City Center Debt Service Fund 24,172 393 AD 93-1 Debt Service Fund 12,907 394 CFD 2005-5 (2012A) Wasson Canyon Debt Service Fund 210,832 510 Successor Agency RDA Area 1 1,731,848 520 Successor Agency RDA Area 11 4,325,683 530 Successor Agency RDAArea III 1,356,993 540 Successor Area RDA Diamond Stadium 1,656,398 604 Endowment Trust Fund 11,014 605 Public Improvement Trust Fund 781,740 606 Mobile Source Air Polution Reduction Fund 171,751 608 Trust Deposit & Pre Paid Expense Fund 1,643,281 617 Successor Agency Housing Fund 10,931,592 620 Cost Recovery System Fund 1,159,788 631 Lake Destratification Equipment Replacement Fund 178,102 723 LEPFA 2008 Series A 3,578 731 LEPFA2011 Series B 2,707 734 LEPFA 2013 Series C 408,580 780 LEPFA General 93,280 Total Pooled Cash & Investments $ 55,795,619 4 of 5 CITY OF LAKE ELSINORE SUMMARY OF POLICY LIMITATIONS FOR THE MONTH ENDING OCTOBER 31, 2015 DIVERSIFICATION MAXIMUM TYPES OF SECURITIES PERCENTAGE PERCENTAGE U.S. Treasury Bills 0.00% UNLIMITED U.S. Treasury Bond / Note 29.69% UNLIMITED Current Balance $ 15,434,857 Municipal Bond / Note 0.67% UNLIMITED Current Balance $ 350,632 Federal Agency Collaterized Mortgage Obligation 1.05% 40.00% Current Balance $ 545,404 Federal Agency Bond / Note 16.60% UNLIMITED Current Balance $ 8,631,429 Banker's Acceptance 0.00% 40.00% Certificates of Deposit 6.16% 25.00% Current Balance $ 3,200,000 Negotiable Certificates of Deposit 0.00% 30.00% Commercial Paper 0.00% 15.00% Corporate Note 22.04% 30.00% Current Balance $ 11,458,762 Repurchase Agreements 0.00% UNLIMITED Reverse Repurchase Agreements 0.00% 20.00% LAW (Local Agency Investment Fund) 23.59% UNLIMITED Current Balance $ 12,263,213 CAMP - Pooled Sweep Account 0.20% UNLIMITED Current Balance $ 102,023 TOTAL $ 51,986,321 100.00% 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 and Successor Agency CAMP Portfolios. r LA o2 In 0 a H N h OJ N O ip 1� O N iO W <r in rn m v Q1 � 1p � Ifl lG N C Q > N c > ih N N C Q > c > c A N i0 G F> A N E$ m E c � C L U V d O d K V U u `. H -7 n N a M a a of N V! 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M O O M O W N C Il, W N O F` G ti o ti ti o vO1i v°1i pi L � W Q N p C M N OJ O M W r p E Q C yj H C O 0 0 o O O O O p u o 0 o O o 0 0 a 10 Y L C v � U d A i0 C C1 O dE a u y m F O1 c L m A > o U Q F a t o m o pp h 0 o v o o ri m c ry o o LL z ~ m N Lr V p G vt A 7 W N N 0] O O O O v o t N oo a > o a rn rn oo Qq co rl��.% 6 a d d C W M 'C o in v O O ti } N N O �p T"O 2' p V Ol m 'o E vo � a v p O o N U N c N N yMj m (0 y C t v L t N VJ' v v E O w O O O O O O u N • C y rP U d C C U U v C N U ` 0 Y C p N f0 - - - - m- O � A 9 flwt p ly pl V M M l0 .m-gy i0 O O m co VI Ot 1/I 6 Q to 10 C •� N N N N M m pl p m_ �� a a a a o a s .� •� � v � ������ O C Nu U U 0 U City of Lake Elsinore 130 Booth Main Street Lake Elsinore, CA 92630 w .lake-elsinore.org t ixF;4 �r'+Ilik'It[; Text File File Number: ID# 16-111 Agenda Date: 3/8/2016 Version: 1 Status: Approval Final In Control: Successor Agency File Type: Report Agenda Number: 2) City o/ Lake Elsinore Page 1 Printed on 3/3/2016 CITY OF ins LAKE CLSII`IOKL DREAM EXTREME. REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE CHAIR TISDALE AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT YATES, EXECUTIVE DIRECTOR DATE: March 8, 2016 SUBJECT: First Amendment to Public Works' Construction Agreement with AP Construction Group Inc. for the Diamond Stadium HVAC Project (CIP Project RDA Z20003) Recommendation Staff recommends that the Successor Agency Board: 1. Amend the Public Works' Construction Agreement with AP Construction Group Inc. for the Diamond Stadium HVAC Project (CIP Project RDA 220003) 2. Approve and authorize the Executive Director to execute the First Amendment in the not to exceed amount of $48,137.95 with AP Construction Group Inc. in the form attached and in such final form as approved by the City Attorney. Background On December 1, 2015 AP Construction Group Inc. was awarded a contract to purchase and install a new air-conditioning and heating system at Diamond Stadium. The project work has progressed and is going very well. Discussion Through the course of this project several uncertainties have been discovered and require a contract amendment. The following list of items will be satisfied by the first amendment: o Ceiling modifications in the private suites o Additional load capacities in the private suites Diamond Stadium Capital Repairs March 8, 2016 Page2 o Copper piping, electrical, controls and labor for 4 additional units in the kitchen area o Exterior ground level concrete mounting pads for 11 independent HVAC zones With this scope of work first amendment, HVAC capacities in very high demand areas will be fully supported per the manufacture's recommendation. Throughout the project the manufacture, Mitsubishi Inc., has provided valuable technical field analysis to ensure the final outcome meets or exceeds the demands of the facility. This is a state-of-the-art HVAC system which retains many efficiencies, operational flexibilities, automated system controls, and superior performance. Fiscal Impact Diamond Stadium HVAC Project (CIP Project RDA Z20003) is included in the Fiscal Year 15/16 —19/20 Capital Improvement Plan (CIP) budget. The contract amount herein is fully funded with ROP funding. Prepared by: Jason Simpson, Director of Administrative Services Approved by: Grant Yates, Executive Director Attachments: Attachment A — First Amendment. Attachment B — AP Construction Proposal FIRST AMENDMENT to AGREEMENT FOR PUBLIC WORKS CONSTRUCTION AP CONSTRUCTION GROUP INC. For the DIAMOND STADIUM HVAC PROJECT CIP PROJECT NO. RDA Z20003 THIS FIRST AMENDMENT is made and entered into as of March 8, 2016 by and between the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, ("City"), and AP Construction Group Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. On December 1, 2015, the City and Contractor entered into an agreement entitled "Consultant Services Agreement for Public Works Construction AP Construction Group Inc. for the Diamond Stadium HVAC Project. b. The parties now desire to increase the agreement amount for an additional forty eight thousand one hundred thirty seven dollars and ninety five cents ($48,137.95) and amend the Agreement as set forth in this Amendment. 2. Compensation of the Agreement is hereby amended to increase the amount that the City agrees to pay the Contractor by forty-eight thousand one hundred thirty-seven dollars and ninety five cents ($48,137.95) for a total not -to -exceed amount of one million two hundred eighty seven thousand one hundred thirty seven dollars and ninety five cents ($1,287,137.95). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. "CITY" "CONTRACTOR" Successor Agency of the Redevelopment AP Construction Group Inc. Agency of the CITY OF LAKE ELSINORE, a municipal corporation Neman Djouzale, President: Grant Yates, Executive Director ATTEST: City Clerk APPROVED AS TO FORM: City Attorney l i �Fl— tJ�; t ti115C}lil: Agenda Date: 3/8/2016 In Control: Successor Agency Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 16-112 Version: 4 130 South Main Street Lake Elsinore, CA 92630 w .lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 3/3/2016 04-Y OF LAKE DREAM E�(t"lititvll r REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE CHAIR TISDALE AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT YATES, EXECUTIVE DIRECTOR DATE: February 8, 2016 SUBJECT: Affordable Housing Project Proposal Recommendation It is recommended the Successor Agency approve the Civic Partners Elsinore LLC Affordable Housing Project Proposal —The Cottages at Mission Trail. Background Pursuant to the Amended and Restated Disposition and Development Agreement (DDA) dated March 8, 2011 by and among the Redevelopment Agency of the City of Lake Elsinore, McMillin Summerly, LLC (Developer) and Civic Partners -Elsinore LLC (Master Developer), certain funds equal to 20% of the property tax revenues generated from Developer and Master Developer properties are pledged to Civic Partners -Elsinore LLC for affordable housing purposes consistent with the former Agency's low and moderate income inclusionary housing requirements. This pledge constitutes a recognized enforceable obligation and has been included on the Successor Agency ROPS. Discussion In accordance with the DDA, Civic Partners -Elsinore LLC has submitted an Affordable Housing Project Proposal for consideration by the Agency. The proposed "Cottages at Mission Trail" is a work force housing rental project to be developed on a portion of a 25.5 acre parcel on Mission Trail south of Hidden Trails within the East Lake Specific Plan. The Project will initially consist of approximately 100 two and three-bedroom single family units and will include a community building that will also include leasing/management offices. Approval by the Successor Agency of the Affordable Housing Project Proposal is a first necessary step pursuant to the DDA and does not constitute a legal or binding Affordable Housing Project Proposal March 8, 2016 Page 2 commitment to approve the project or to provide financing. Project entitlements and financing commitments can only be obtained by approval of the City Council at a noticed public hearing/meeting and entry into appropriate legally binding agreements. Approval of the Affordable Housing Project Proposal will allow Civic Partners -Elsinore LLC and the City to address the next steps toward project review and implementation. Specifically, the Cottages at Mission Trail is further conditioned on and subject to each of the following: (1) acceptance by the City Council of the Housing Fund Report to be prepared and submitted by staff; (2) applicable zoning and planning approvals by the City of Lake Elsinore Planning Commission and City Council; (3) confirmation of project pro forma economic feasibility analysis by the City's affordable housing economic consultant; (4) confirmation and acceptance of project funding by the City Council of the City of Lake Elsinore as successor to the former Redevelopment Housing Agency's Low and Moderate Income Housing Fund. Prepared By: Barbara Leibold, Successor Agency Counsel Approved By: Grant Yates, Executive Director Attachment: Affordable Housing Project Proposal Cottages at Mission Trail Civic Partners Elsinore LLC Affordable Housing Project Proposal Approved by: Date The Cottages at Mission Trail a work force housing community Civic Partners requests approval of its Affordable Housing Project Proposal for the "Cottages at Mission Trail." This Affordable Housing Plan consists of the following narrative, the attached summary, and the attached exhibits consisting of the Project Location (Exhibit "1") and the Developer Team Resumes (Exhibit "2"). The "Cottages at Mission Trail" is a work force housing rental project that will be constructed on a portion of a 25.5 acre parcel of property within the East Lake Specific Plan in the City of Lake Elsinore. The property is located along Mission Trail south of Hidden Trails and the Cottages at Mission Trail will be developed consistent with existing zoning. The project will initially consist of approximately 100 two and three-bedroom single family units. Although the majority of the homes will be detached units, there may be a small number of attached units within the project. Each unit will have a garage and will be equipped with a combination range/oven, refrigerator, dishwasher, garbage disposal, and washer/dryer hook ups. The project will include a community building that will also include leasing/management offices. The units shall be limited to households with incomes restricted to affordability levels for maximum incomes ranging between fifty percent (50%) and sixty percent (60%) of Riverside County area median family income. These income restrictions will continue for a period of 55 years. This project will be developed as a nonprofit work force housing community. Civic Partners will partner with a nonprofit and is currently considering a strategic alliance with AOF/Pacific Affordable Housing Corp. and looks forward to the establishment of an operating entity consisting of our two companies for purposes of creating the Cottages at Mission Trail. Civic Partners and its affiliates have been active in real estate development since the 1970's, with several decades of combined specialized experience in partnering with public agencies. The company has capitalized on its development expertise and ability to work with various government agencies in creating significant real estate projects through public/private ventures. Civic Partners was founded in response to a growing demand for experienced firms capable of assisting public agencies in the development of economically viable projects. Civic Partners specializes in bringing together public and private interests to deliver what the community desires: high quality development that adds value to the community. The company has invested its time and effort, almost exclusively, in "public/private" projects, including commercial, market rate and work force residential and mixed-use. The results have provided numerous benefits to communities such as the creation of both short- and long-term job opportunities, an increased tax base and a quality environment in which to live, work and shop. AOF/Pacific Affordable Housing Corp. was incorporated in 1997 as a nonprofit corporation organized under the laws of the State of California. It is a subordinate of The American Opportunity Foundation, Inc. ("AOF"), a Georgia nonprofit corporation which is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code. AOF has received a group exemption as a central organization whose subordinates are recognized as exempt from federal taxation under Section 501(c)(3) of the Code. AOF/Pacific Affordable Housing Corp., which has no stockholders and is governed by a board of trustees, was organized to acquire, rehabilitate, sell, or operate affordable housing for moderate to low- income, elderly, and/or mentally or physically challenged persons or families. AOF/Golden State Community Development Corp., a CHDO ("Community Housing Development Organization") is a sister organization to AOF/Pacific Affordable Housing Corp. It is fully understood and acknowledged that notwithstanding approval of this Affordable Housing Project Proposal, the Cottages at Mission Trail is further conditioned on and subject to each of the following: 1. Acceptance by the City Council of the Housing Fund Report to be prepared and submitted by staff; 2. Applicable zoning and planning approvals by the City of Lake Elsinore Planning Commission and City Council; 3. Confirmation of project pro forma economic feasibility analysis by the City's affordable housing economic consultant; 4. Confirmation and acceptance of project funding by the City Council of the City of Lake Elsinore as successor to the former Redevelopment Agency's Low and Moderate Income Housing Fund. Approval of this Affordable Housing Project Proposal by the Successor Agency pursuant to the Amended and Restated Disposition and Development Agreement dated March 8, 2011 by and among the Redevelopment Agency of the City of Lake Elsinore, McMillin Summerly, LLC and Civic Partners -Elsinore LLC does not constitute a legal or binding commitment on behalf of the City of Lake Elsinore to approve the Project or to provide financing. Such commitments can only be obtained by approval of the City Council at a noticed public hearing/meeting and entry into appropriate legally binding agreements. Addendum A Funding of Pledged Housing Funds and Affordable In -Lieu Payments will be conditioned upon: a. (i) Application for an allocation of Tax Exempt Bonds from the California Debt Limit Allocation Committee (CDLAC) and of Low Income Tax Credits from the California Tax Credit Allocation Committee (TCAC) and for other available sources of public funds, and (ii) submittal of a financial proforma demonstrating, to the satisfaction of the City's Director of Administrative Services and the City's affordable housing financial consultant, receipt of such financing as is necessary and sufficient to construct and operate the Project in a financially feasible manner, including, without limitation, binding commitments for construction financing and binding commitments for any additional permanent financing and/or operating subsidies in an aggregate amount sufficient to repay the construction financing and operate the Project in a manner that results in sufficient cash flow to pay for customary maintenance and operation of the project, including all required debt payments. b. City Council confirmation and acceptance of the amount and terms of the City's financial contribution to the Project, including the maximum principal amount of the loan, interest and repayment terms, and entry by the parties into binding loan or other legal agreements for such financing on terms acceptable to the City. c. Clarification and acceptance of the specific affordability mix and any required Article 34 or other applicable approvals. d. Obtaining all necessary land use entitlements and all required governmental approvals from all applicable governmental bodies and agencies and compliance with CEQA. e. Approval by the City Attorney of all legal documents evidencing construction and permanent financing for the Project. Mission Trails - Affordable Housing Project Proposal Civic Partners L The Type of Affordable Housing New Construction ii. Whether Affordable Housing will be for rent or for sale to income restricted residents? For Rent iii. The Total Number of units within the Project? 100 units iv. The Number of units available solely to income restricted residents? 100 units v. The Proposed Income restrictions for the Affordable Housing Units? 50%-60% AMI vi. The term of affordability covenants consistent with Sec 33413(b)(2) of the Redevelopment Law? 55 years vii. The Location of the Project? Several Parcels fronting on Mission Trail - See attached Exhibit 1 - Project Location viii. The estimated Project Development Costs? $ 27,130,000 ix. The expected timing and phasing of the development? Date Staff Approval of Affordable Housing Project Proposal Dec -2014 Updated Site Plan & Unit Design Mar -2016 Participation Agreement with Non -Profit Affiliate Mar -2015 Lender Conditional Commitment May -2016 Final Affordable Housing Project Submittal Jun -2016 Presentation to and approval by City Council for : -Detailed proposed project description and City financial assistance -Non-Profit Affiliate & Participation Agreement -Land use entitlements & CEQA determination Grading Permit Sep -2016 x. Anticipated Sources of Funding sought & secured for the project and calculation of any projected shortfall. $ 27,130,000 Total Project Costs $ 9,298,000 Tax Credit Equity $ 6,072,000 Construction Loan Supported by Net Operating Income $ 5,513,000 Construction Funding Supported by Pledged Housing Funds from East Lake Specific Plan Area after stabilization $ 1,341,000 Future Stream of Affordable In -Lieu payments (after 2016) $ 2,519,000 Estimated accrued Affordable In -Lieu payments (through 2016) $ 921,000 Accrued Pledged Housing Funds from East Lake Specific Plan Area (through 2014-15) $ 732,000 Estimated accrued Pledged Housing Funds from East Lake Specific Plan Area (to include 2016-17) $ 734,000 Developer Equity $ 27,130,000 Total Funding A. The Identity and Qualifications of the Affordable Housing Developer A Limited Partnership will be formed between the 2 below listed entities - See Exhibit 2 - Developer Team Resumes Civic Partners Related Entity AOF/Pacific Affordable Housing Group Exhibit 1— Project Location wD �_I ad L ,,... a� Exhibit 2 — Developer Team Resumes CIVIC PARTNERS 7777 Center Avenue, Suite 300 Huntington Beach, California 92647 Phone 714.230.8000 - Fax 714.230.8010 COMPANY OVERVIEW The principals of Civic Partners and its affiliates have been active in real estate development since the 1970's, with several decades of combined specialized experience in partnering with public agencies. The company has capitalized on its development expertise and ability to work with various government agencies in creating significant real estate projects through public/private ventures. Civic Partners was founded by Steven P. Semingson in response to a growing demand for experienced firms capable of assisting public agencies in the development of economically viable projects. Civic Partners specializes in bringing together public and private interests to deliver what the community desires: high quality development that adds value to the community. CivicThe Civic Partners development team is very experienced in effectively dealing RM NFRS with a variety of requirements that could otherwise create conflicting priorities. Our team works diligently to direct its projects in such a way that all parties understand the project goals and objectives, demands and constraints, ensuring that all aspects have been considered before the project direction has been finalized. Civic Partners has invested its time and effort, almost exclusively, in "public/private" projects, including commercial, residential and mixed-use. The results have provided numerous benefits to communities such as the creation of both short- and long -terns job opportunities, an increased tax base and a quality environment in which to live, work and shop. Within each of its projects, Civic Partners strives to create a socially active, unique, people -oriented "sense of place." Civic Partners coordinates and manages all aspects of the development process, including the responsibility of liaison between each party involved in the project. It provides direction on the planning, design and construction of the project. Civic Partners establishes the financing strategy and handles the budgeting and scheduling for each project. Other tasks include public relations, community involvement, sales, marketing and leasing. In managing the development process, Civic Partners commissions a high quality team of experts. Project tasks, such as architectural design, engineering and construction are assigned to proven experts who have demonstrated the ability to work in a team environment. This "team" approach utilizes the experience of company staff, input from project partners, third party consultant support, and appropriate community representation. Consensus on issues is created through our long- standing team approach. In light of a renewed focus on the revitalization of American cities, Civic Partners looks forward to continuing its considerable contribution to the development of marry significant real estate projects, in particular those which have placed emphasis oil public/private ventures. The staff of Civic Partners is currently processing development projects that provide for a variety of diverse land uses. Recent projects are in various stages of predevelopment, and many utilize creative and unique financing techniques. MASTER PLANNING ADVANTAGE A fundamental objective of Civic Partners is to partner with public agencies to provide more than just a single mixed-use project. Our desire is to create a vibrant integrated destination with a strong sense of place. Therefore, the approach of Civic Partners to project development is necessarily much more comprehensive in scope. The intent is to develop a well -coordinated, fully integrated master -planned project. The goal is to maximize the potential benefits of the entire redevelopment area, the City and the local community. Some benefits of developing the project with a single master developer may include: Lower costs — economies of scale Accelerated schedule for achieving goals Coordination between individual projects within the master plan Critical massing of mixed uses that will generate increased activity Increased social and economic vibrancy Creation of a catalyst for additional improvements and future development Parking considerations, traffic circulation, design integration and overall compatibility with the other sites and components of the redevelopment effort Simplified liaison between the City and project developers SUMMARY Civic Partners specializes in urban renewal and redevelopment projects, which are made possible through public/private partnerships. A major strength of Civic Partners is the ability to successfully establish and lead a team of both public and private interests through the development process. Our clients are cities, other public agencies and their citizens. We collaborate with the community and others to ensure that the projects we undertake achieve the level of success that cities have come to expect from Civic Partners. AOF PACIFIC AFFORDABLE HOUSING CORP. A nonprofit public benefit cony)oration EXECUTIVE SUMMARY Overview AOF/Pacific Affordable Housing Corp. ("AOF/Pacific" or "the Corporation") was incorporated in 1997 as a nonprofit corporation organized under the laws of the State of California. It is a subordinate of The American Opportunity Foundation, Inc. ("AOF"), a Georgia nonprofit corporation which is exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code ("the Code"). AOF has received a group exemption as a central organization whose subordinates are recognized as exempt from federal taxation under Section 501(c)(3) of the Code. The Corporation, which has no stockholders and is governed by a board of trustees, was organized to acquire, rehabilitate, sell, or operate affordable housing for moderate to low- income, elderly, and/or mentally or physically challenged persons or families. AOF/Pacific is the Managing General Partner in over 70 limited partnerships or LLC's established to acquire, develop, rehabilitate, and operate apartment complexes for seniors and moderate to low income persons or families. These apartment complexes are located in California, Oregon, and Washington State. Some of these partnerships have received contributions from city agencies to facilitate the acquisition of land and/or the construction of the projects. AOF/Pacific has also obtained grants from various cities which were used to acquire property then contributed to the limited partnerships. The Corporation also provides quality affordable housing to the public by the construction of single family affordable housing or the acquisition and rehabilitation of existing single family housing. The Corporation has performed over 120 acquisitions, rehabilitations, and sales of one -four unit housing using FHA 203(k) acquisition and rehabilitation loans or look alike conventional loans. We have long-standing working relationships with companies in various industries including construction, marketing, and sales which allow us to bring a wealth of knowledge and expertise to each of our projects. The majority of these homes have been in the Southern California City revitalization areas of Los Angeles, Compton, Long Beach, Santa Ana, Rialto, Fontana, and Ontario. Approximately ninety percent of these homes were sold to families making 115% or less of the area median income adjusted for family size. We also have contacts within the communities that provide the buyer with a first-time homeowner training course and we provide a one-year home warranty plan. Officers and Trustees Raman ("Ray") Nayar, President, Mr. Nayar has been the President of AOF/Pacific since its incorporation in 1997. He is also the Trustee of AOF/Golden State Community Development Corp., another California subordinate entity of The American Opportunity Foundation, Inc., and affiliate of AOF/Pacific Affordable Housing Corp. Mr. Nayar has over thirty years of experience in the real estate industry, both as a builder and a developer. As an officer for various companies through -out the mid -west and western parts of the United States, his responsibilities included obtaining financing for, and the development and management of, hundreds of housing projects. These projects were financed using both conventional and governmental programs. He has also arranged financing through banks, savings and loans, and mortgage companies using taxable as well as tax-exempt bonds and FHA insured mortgages. The completion of construction projects in a timely manner and within budget has always been a priority to him. Mr. Nayar has also provided the marketing and leasing services for various projects he has developed. Mr. Nayar holds a Master's Degree in Architecture and a Real Estate Broker's license in the State of Colorado, is an active participant in various Chamber of Commerce activities focusing on helping neighborhoods grow, and has given seminars in the area of housing development. He is serving his eleventh year as a board member of The Affordable Housing Clearing House, an Orange County nonprofit organization serving low- and moderate income families and individuals. Mr. Nayar also serves on the board of the Clearing House Community Development Financial Institution, a federally designated CDFI. Philip J. Kennedy, Vice President and Trustee. Mr. Kennedy is the President and a Trustee of The American Opportunity Foundation, Inc. ("AOF"). AOF is a Georgia nonprofit corporation organized to foster, own, support, and sponsor housing for moderate -to -low income persons and families and the elderly. AOF is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code ("the Code') and has received a group exemption as a central organization whose subordinates are recognized as exempt from federal income tax under Section 501(c)(3) of the Code. AOF/Pacific is a subordinate entity of AOF. Mr. Kennedy has served as President of AOF since 1991, and has been employed full time since 1995. During his tenure as President, AOF and its subordinate entities have been involved in the acquisition, rehabilitation, and ownership of over 7,000 affordable housing units in ten states. Under the requirements of the group exemption, AOF also directs and supervises the overall operations of AOF/Pacific and AOF/Golden State. Mr. Kennedy is a former staff accountant with Arthur Anderson & Company. He received a Bachelor of Science degree from the University of Florida and a Master of Professional Accounting degree from the University of Texas. He is a Certified Public Accountant licensed in the State of Florida. From 1983 to 1995, Mr. Kennedy was the Director, Executive Vice President, and Chief Operating Officer of Housing Systems, Inc. ("HSI"). HSI is a privately -owned corporation which owns and/or is the managing agent of more than 5,000 affordable housing units financed primarily through loans subsidized under various HUD programs. He was responsible for the overall operations at HSI, including the acquisition, management, and financing of the corporation's projects. Frederick Jung, Trustee. Mr. Jung has been a trustee since 1999 and serves in a voluntary capacity. He is a partner in the law firm of Jung & Sweat located in Los Angeles, CA. Danniel Do-Khanh, Trustee. Mr. Do-Khanh has been a Trustee since the corporation's inception and serves in a voluntary capacity. He is an attorney in Irvine, California, and is also a Trustee for AOF/Golden State Community Development Corp., AOF/Pacific Affordable Housing Corp.'s CHDO affiliate. Andrew Stephen Jones, Assistant Secretary and Trustee. Mr. Jones has been a Trustee since 2001 and serves in a voluntary capacity. He works for Arden Industries in California as a Vice President of Sales & Marketing. AOF/Pacific Affordable Housing Corp. Company Overview 2013 Page 2 L. Ried Schott, Trustee. Mr. Schott has been a Trustee since 2012 and serves in a voluntary capacity. He is the President of Schott Consulting Services specialize in Real Estate Property Management & Consulting. Kathryn T. Walker, U.P., Treasurer, Assistant Secretary and Trustee. As Treasurer of AOF/Pacific Affordable Housing, Ms. Walker is responsible for the accounting functions of the company, including the internal financial statements and coordination of its annual audit and tax return preparation. She also reviews the monthly financial statements of the more than forty entities in which the company is the managing general partner and prepares an analysis of said financial statements on a quarterly basis. The quarterly analysis is provided to company management for follow up on any unusual findings. Ms. Walker is the Vice President and CFO of The American Opportunity Foundation, Inc. ("AOF"), a Georgia nonprofit corporation organized to foster, own, support, and sponsor housing for moderate -to -low income persons and families and the elderly. She has been with AOF on a full time basis since January 2008 and is responsible for the oversight of the accounting functions of AOF's subordinate entities. Ms. Walker received a Bachelor of Science degree from Georgia State University and worked for various CPA firms in the metropolitan Atlanta area. She left public accounting in 2001 and started her own consulting business wherein she performed various financial services for clients in the affordable housing industry, including audits of affordable housing entities, financial analysis of monthly financial statements, due diligence work on potential acquisitions, and internal accounting functions. She also performed litigation support work relating to the valuation of businesses and estates relative to divorce proceedings. Staff Sharon Tran, AssebOperations Manager. As Asset/Operations Manager for AOF/Pacific Affordable Housing Corp., and is responsible for the management of the company's portfolio of assets, including the substantial management duties as defined by the California State Board of Equalization and set forth in the partnership agreements governing each property. Prior to joining AOF/Pacific, Ms. Tran has over twenty years of experience in the real estate and banking industry. Start with Union Bank at an Operation Officer and then residential real estate lending at an Account Executive for First Magnus and most recently in real estate brokerage firm. Ms. Tran is a Real Estate Broker in California and she has closed thousands of real estate/loan transactions ranking from single family unit into commercial property. She has helped many low income family to purchase single family home and work closely with loan officers/Brokers to close a lot of FHA & SBA loans. Ms. Tran graduated from California State University of Fullerton with a Bachelor Degree in Business Administration emphasis in Management Information System. She currently held security license series 6, 63 and 26. Ajay R. Nayar, Project Manager. As Project Manager, Mr. Nayar is responsible for construction management of the organization's affordable single family product, including the administration of the Ontario Home Program which is completing its 5'" rehab. In this position, Mr. Nayar works with city redevelopment agencies to acquire, rehab and sell single family AOF/Pacific Affordable Housing Corp. Company Overview 2013 Page 3 homes to low-income families. In addition, Mr. Nayar performs construction accounting on this line of business. Prior to his role as Project Manager, Mr. Nayar was the organization's Resident Services Coordinator, working with property management companies to develop annual resident services plans for projects managed by AOF/P. Mr. Nayar has worked part-time for AOF/P for several years, performing administrative functions throughout the organization, contributing to his broad knowledge of the company's core businesses and relationships. Mr. Nayar is recently completed his Bachelor of Science degree in Business with an emphasis in real estate and finance from California State University, Fullerton. Kristin Nguyen, Compliance Analyst and ARR Program Coordinator. Kristin Nguyen is the Compliance Analyst for AOF/Pacific Affordable Housing Corp., and is responsible for ensuring timely filing of all welfare exemption requests for properties in the company's portfolio of assets. Since 2001, Ms. Nguyen has been responsible for maintaining current knowledge of the requirements of various regulatory agencies governing welfare property tax exemption in all states where the company has real estate holdings, and communicates with property managers, partners and state and local agencies on matters relative to property tax abatement. As ARR Program Coordinator for the company's HUD transactions, Ms. Nguyen was an involved participant in developing the company's HUD approved Quality Control Plan. She also processes annual certifications as required by HUD. Ms. Nguyen received her Associate of Arts degree in Accounting from Golden West College in California. AOP/Pacific Affordable Housing Corp. Company Overview 2013 Page 4 Multifamily Resident Services AOF/Pacific coordinates and monitors various services provided to the residents of our affordable housing complexes. Our goal is for the apartment complexes to provide services and linkages to resources within each local community that will enable our residents to live a better life. We use feedback from residents and on- site management to help develop programs that compliment the current interests of the residents as well as help them to discover new ones. Several of our complexes have contracted with All Things are Possible After School & Family Resource Centers to run their resident services programs. The services provided vary based on the needs and facilities of each apartment community. After-school programs for resident children include tutoring and reading assistance, as well as sports and other recreational activities to keep the children active and engaged. Computer training is offered to improve the skills of both children and adults. We believe that providing computers and access to the Internet allows residents to stay abreast of job opportunities as well as obtain training and education that might not otherwise be available to them. We believe that successful senior living is about choice, dignity, and quality of life and work with property managers to ensure that appropriate activities are made available through linkages with local community groups and on-site activities. AOF/Pacific Affordable (lousing Corp. Company Overview 2013 Page 5 Multifamily Properties Located in California Number Number Apartment Complex of Units Apartment Complex of Units Aldea Apts Delmas Park Apts 2003-2043 South Reservoir St 19 350 Bird Avenue 123 Pomona, CA 91766 San Jose, CA 95126 Alosta Gardens Delta Village Apts 745 E. Fifth St. B1 1625 Rosemarie Lane 80 Azusa, CA 91702 Stockton, CA 95207 Amber Ridge Apts EI Rancho Verde 13400 Elsworth Street 225 303 Checkers Drive 700 Moreno Valley, CA 92553 San Jose, CA 95133 Antelope Valley Encanto 43460 32nd Street 121 46725 Clinton St 272 Lancaster, CA 93536 Indio, CA 92201 Art Ark Pickett Towers 1058 S 5th Street & 148 14801 Sherman Way, 200 San Jose, CA 95112 Los Angeles, CA 91423 Aventerra 1 Fountain & La Brea 8555 Citrus Avenue 166 7070 Fountain Ave 187 Fontana, CA 92335 Hollywood, CA 90038 Aventerra II Herald Hotel 16225 Arrow Boulevard 106 308 Eddy Street 74 Fontana, CA 92335 San Francisco, CA 94018 Cameron Park Apts Hermosa Vista Apts 929 W. Cameron Avenue 158 15353 & 15425 Goldenwest St 88 West Covina, CA 91701 Huntington Beach, CA 92657 Canyon Shadows Iris Gardens 8405 Arlington St. 120 385 Rockvale Ave. 120 Riverside, CA 92503 Azusa, CA 91702 Casa Puleta Apts La Palma 1445 S. 45th Street 54 7799 Valley View St. 272 San Diego, CA 92113 La Palma, CA 90623 Ceres Christian Terrace Lenzen Square Apts 1859 Richard Way B7 758-762 Lenzen Avenue 88 Ceres, CA 95307 San Jose, CA 95126 Citrus Breeze Apts Little Chico Gardens Apts 8550 Citrus Avenue 52 851 Pomona Avenue 92 Fontana, CA 92335 Chico, CA 95928 Claremont Village Apts Little Zion Manor 965 W. Arrow Highway 150 2000 Jubilee Court 125 Claremont, CA 91711 San Bernardino, CA 92411 Crescent Manor Meadow Glen Apts 463-471 Tuck St. 94 2451 Meadowview Road 170 San Francisco, CA 94102 Sacramento, CA 95832 Nova Pointe 800 E. Washington St. 600 Colton, CA 92324 AOF/Pacific Affordable Housing Corp. Company Overview 201.3 Page 6 Park Grand Apts Sycamore Ridge 858 E. Grand Avenue B2 2020 Guthrie Street 160 Pomona, CA 91766 San Bernardino, CA 92404 Parkpiace 1 Tuscany Apts 310 W. Jackson St. 32 2225 E. Pumalo Street 328 Rialto, CA 92376 San Bernardino, CA 92404 Parkplace II Village Heights Apts 359 W. Jackson St. 8 1621 Mesa Dr. 75 Rialto, CA 92376 Newport Beach, CA 92660 Parkwood Apts Vista Senior Apts 3800 Crowell Road 180 511 E. Grand Avenue 112 Turlock, CA 95382 Escondido, CA 92025 Parkwood Apts West San Carlos Senior Apts 4075 Prospect Avenue 101 1523 & 1533 W. San Carlos 95 Yorba Linda, CA 92886 San Jose, CA 95126 Pierce Park Whispering Fountains -Diamond Bar 12700 Van Nuys Blvd. 430 23750 Highland Valley Road 149 Pacoima, CA 91331 Diamond Bar, CA 91765 Pioneer Gardens Apts Whispering Fountains -Lakewood 9039 Pioneer Avenue 141 3200 E. South Street 201 Santa Fe Springs, CA 90670 Lakewood, CA 90805 St. Johns Whispering Fountains -Monrovia 121 W. Macdonald Ave 158 1024 Royal Oaks Drive 241 Richmond, CA 94801 Monrovia, CA 91016 Santa Inez Apts Whispering Fountains -Riverside 24 E. Santa Inez 44 4790 Jackson Street 268 San Mateo, CA 94402 Riverside, CA 92503 Santa Monica Whispering Fountains -Whittier 1122 N. Detroit St. 184 12551 Washington Boulevard 169 7113-7119 Santa Monica Blvd W Whittier, CA 90606 Hollywood, CA 90038 Shiloh Arms Woodmark Apts 4009 23rd Ave. 106 700 Kincheloe Drive 173 Sacramento, CA 95820 Woodland,CA 95776 Sommer Hills 30 Novato Street 39 San Rafael, CA 94901 Sunrise Terrace I Apts 16599 Muscatel Street 110 Hesperia, CA 92345 Sunrise Terrace II Apts 8632 "C" Avenue 72 Hesperia, CA 92345 Total Units In California 8,370 AOF/Pacific Affordable Housing Corp. Company Overview 2013 Page 7 Multifamily Properties located in Multifamily Properties located in Washington State Washington State Apartment Complex # of Units Apartment Complex # of Units Alaska House Apartments 4545 42nd Avenue, S.W. Seattle, WA 98116 Apple Valley 8611 Depot Road Lynden, WA 98624 Desert Villas 635 S. Auburn St. Kennewick, WA 99336 Desert Villas East 630 S. Washington St. Kennewick, WA 99336 Fort Vancouver Apartments 4710 E. Plomondon Street Vancouver, WA 98661 Golden Elm 1323 Battersby Ave. Enumclaw, WA 98022 Harmony House 1100 N. 13" Place Shelton, WA 98584 International House Apartments 607 Maynard Avenue, S. Seattle. WA 98104 Newport Apts 280 NE Izett St. Oak Harbor, WA 98277 Parkside Apartments 900 W. Casino Road Everett, WA 98204 Pine Terra 512 N. Pines Road Spokane, WA 99206 Ponderosa Apartments 9332 E. Montgomery Avenue Spokane, WA 99206 Rainer Vista Senior Apartments 134 Third Avenue southeast Pacific, WA 98047 99 Total Units in Washington State 22,014 16 202 102 129 75 Multifamily Properties located in Portland, Oregon Powell Plaza I Apartments 13220 S. E. Powell Boulevard Portland, OR 97236 Powell Plaza II Apartments 13220 S. E. Powell Boulevard Portland, OR 97236 Tenino Terrace Apartments 2405 SE Umatilla Street Portland, OR 97202 Total Units in Portland, Oregon # of Unit: 47 20 94 161 AOF/Pacific Affordable Housing Corp. Company Overview 2013 Page 8 Sage Terrace Apartments 107 105 350292 od South Street Lakewood, WA 98499 Veranda Green Apartments 30 1130126" Avenue S. 150 Seattle, WA 98168 Viewcrest Apartments 77 3401 Spruce Avenue 300 Bremerton, WA 98310 Villas at Lakewood 78 2606168 th Place NE 240 Marysville, WA 98271 Wellington 131 423984 1h Street NE 32 Marysville, WA 98270 Wishing Well II 35 430088Street NE. 36 Marysville, WA 98270 Woodgate 30 308 Woodgate Place 40 Burlington, WA 98233 99 Total Units in Washington State 22,014 16 202 102 129 75 Multifamily Properties located in Portland, Oregon Powell Plaza I Apartments 13220 S. E. Powell Boulevard Portland, OR 97236 Powell Plaza II Apartments 13220 S. E. Powell Boulevard Portland, OR 97236 Tenino Terrace Apartments 2405 SE Umatilla Street Portland, OR 97202 Total Units in Portland, Oregon # of Unit: 47 20 94 161 AOF/Pacific Affordable Housing Corp. Company Overview 2013 Page 8 One to Four Unit Program: The corporation has done over 126 acquisition rehabilitation and sale of one to four dwelling units, using FHA 203(k) loan program or conventional (See the attached list showing the activities since Jan. 97). Majority of these homes are in the Southern California City revitalization areas of Los Angeles, Compton, Long Beach, Santa Ana, Rialto, Fontana and Ontario. 90% of these homes are sold to families making 115% of the area median income or less. We spent an average of $15,000.00 to $35,000.00 in rehab per unit of these homes to give them a new home look. We also insist on the buyer to take first time home owner training. We provide the buyer a one year home warranty program to cover any unforeseen situation they could run into. Properties Acquired by AOF/Pacific Affordable Housing Corp. from HUD in Connection with its ARR Program LIST OF PROPERTIES ACQUIRED FROM SANTA ANA HUD (01-01-97 thru 08/14/06) by: AOF/Pacific Affordable Housing Corp 7777 Center Ave., Suite 240. Huntington Beach CA 92647 Huntin ton Beach, CA. 92647. Tel. 714-799-1339, FAX: 714-891-2098 # Acquired DATE OLD FHA I CASE# PROPERTY ADDRESS Acqusiton STATUS Sold DATE Lender FHA % Disc 1 06/30/97 46-829387 14066 Hillcrest, or, Fontana SOLD 11/07/97 Nortwest Mort 30% 2 06/30/97 46-872681 15548 Agate Fontana SOLD 11/19/97 Nortwest Mort 30% 3 06/30/97 46-915576 11338 Almond Ave, Fontana SOLD 01/07/98 CA. Capital Mort 30% 4 06/30/97 46-875786 13946 Fi wood t, Fontana SOLD 10/24/97 Nortwest Mort 30% 5 08/25/97. 46-586372 14682 Longview or, Fontana SOLD 01/26/98 Malone Mort 300 6 04/25/97 41-9586228 1300 S. Mao St, Compton SOLD 08/07/97 Malone Mort _ 30% 7 04/25/97 41-9585694 2059 W. 78th P, Los Angeles SOLD 08/29/97 Malone Mort 30% 8 04/25/97 41-9585709 7414 Denker Ave, Los Angeles SOLD 07/02/97 Malone Mort 30% 9 05/28/97 41-9626669 926 Seed St, Pomona SOLD 09/02/97 Malone Mort 30% 10 06/12/97 41-9628675 8929 S.St. Andrews Pi, Los Angeles SOLD 11/10/97 Malone Mort 30% 11 06/02/97 41-833124 515 W. Palmer St, Compton SOLD 10/30/97 Malone Mort 30% 12 05/25/97 41-809042 14350 Lorne St, Panorama SOLD 08/14/97 Malone Mort 30% 13 08/20/97 41-856082 10752 CantlaV St, Sun Valley SOLD 10/30/97 Malone Mort 30% 14 08/20/97 41-615000 7258 Craner Ave, Sun Valley SOLD 10/31/97 Malone Mort 30% 15 08/20/97 41-690052 12006 Redbank St, Sun Valley SOLD 11/10/97 Malone Mort 30% 16 09/24/97 46-545593 7841 malachite Ave, R. Cucamonga SOLD 03/18/98 Malone Mort 30% 17 05/06/98 46-764956 1340 S. Pleasant Ave, Ontario SOLD 06/19/98 Malone Mort 30% 18 06/03/98 46-509722 11644 Oldfield Ave, Fontana SOLD 08/05/98 Malone Mort 30% 19 06/25/98 46-679757 1135 N. Idyllwild Ave, Rialto SOLD 08/27/98 Malone Mort 30% 20 05/13/98 46-798903 1241 E. Highland Ct, Ontario SOLD 09/09/98 Malone Mort 30% 21 05/06/98 46-831308 510 N. Palm Ave, Ontario SOLD 09/25/98 Malone Mort 30% 22 06/25/98 46-742554 608 E. Cedar St, Ontario SOLD 10/20/98 Malone Mort 30% 23 06/13/98 46-891748 745 W. "B" St. Ontario SOLD 10/30/98 Malone Mort 30% AOF/Pacific Affordable Housing Corp. Company Overview 2013 Page 9 24 06/25/98 1 46-810389 14378 Chaparral Dr, Fontana SOLD 10/30/98 Malone Mort 1 30% 25 07/20/98 46-807328 715 N. Id Ilwild Ave SOLD 11/13/98 Malone Mort 30% 26 08/11/98 46-926743 1924 S. Monterey Ave. Ontario SOLD 12/16/98 Malone Mort 30% 27 10/14/98 46-886293 14030 Hilcrest Dr. Fontana SOLD 12/12/98 Malone Mort 30% 28 07/20/98 46-790099 2102 Concord Ave. Ontario SOLD 10/30/98 Malone Mort 30% 29 06/25/98 46-576436 11727 Nutwood Ct. Fontana SOLD 12/24/98 Malone Mort 30% 30 06/30/98 46-894689 14437 Firtwood Dr. Fontana SOLD 12/31/98 Malone Mort 30% 31 03/16/99 46-750184 723 W. Carter St. Rialto SOLD 09/27/99 Malone Mort 30% 32 05/20/99 46-656492 11363 N. Amador Ave, Ontario SOLD 10/29/99 Malone Mort 30% 33 06/26/99 46-422674 1159 Wisteria Ave. Rialto SOLD 10/01/99 Malone Mort 30% 34 09/01/99 46-912698 1115 Yale St. W. Ontario SOLD 12/30/99 Malone Mort 30% 35 09/01/99 46-798279 5788 Olive Ave, Rialto SOLD 12/14/99 Malone Mort 30% 36 09/01/99 46-960199 _ 515 E. "H" St. Ontario _ SOLD 12/15/99 Malone Mort 30% 37 10/21/98 46-777035 14506 Autumn PI, Fontana SOLD 03/30/99 Malone Mort 30% 38 02/08/99 46-781307 14305 Woodland Dr. Fontana SOLD 05/27/99 Malone Mort 30% 39 05/13/98 46-876514 1809 Hawthorne St. Ontario SOLD 01/05/99 Malone Mort 30% 40 11/08/98 46-854925 1666 Cypress Ave, Ontario SOLD 01/19/99 Malone Mort 30% 41 08/24/98 46-905284 826 E. "G" St. Ontario SOLD 01/28/99 Malone Mort 30% 42 09/04/98 46-772972 317 Bishop St, Santa Ana SOLD 02/09/99 Malone Mort 30% 43 07/20/98 46-769751 1810 N. Eldorado Ave. Ontario SOLD 03/02/99 Malone Mort 30% 44 06/25/98 46-663009 _ 956 N Id (wild Ave. Rialto SOLD 03/03/99 Malone Mort 30% 45 06/25/98 46-754795 1512 Amnsley Sq. Ontario SOLD 04/30/99 Malone Mort 30% 46 06/25/98 46-803599 1037 W. Hawthorne Ct. Rialto SOLD 05/07/99 Malone Mort 30% 47 02/08/99 46-807328 1019 N. Clifford Ave. Rialto SOLD 05/26/99 Malone Mort 30% 48 06/18/99 41-909434 10022 S. St. Andrews PI, LA SOLD 09/17/99 Malone Mort 30% 49 03/25/99 41-877666 931 E. 33'rd st. Los Angeles SOLD 12/08/99 Malone Mort 30% 50 09/01/99 46-746892 633 N. Smoketree Ave. Rialto SOLD 06/30/00 Malone Mort 30% 51 09/02/99 46-894091 719 Vir inia Sl, E. Rialto SOLD 09/29/00 Malone Mort 30% 52 09/01/99 46-626264 241 Holly St W. Rialto SOLD 05/19/00 Malone Mort 30% 53 09/01/99 46-814431 1676 6th St, E. Ontario SOLD 01/05/00 Malone Mort 309/6 54 09/01/99 46-953685 541 S. Althea Ave, Rialto. SOLD 03/31/00 Malone Mort 30% 55 09/01/99 46-486312 2047 7th St, E. Ontario SOLD 03/31/00 Malone Mort 30% 56 03/24/99 41-915722 1202 S. Amantha Ave, Compton SOLD 02/28/00 Malone Mort 30% 57 04/30/99 41-957521 2101 N. Central Ave, Compton. SOLD 06/08/00 Malone Mort 30% 58 08/17/99 41-702694 1015 84th St E. Los Angeles SOLD 05/26/00 Malone Mort 30% 59 09/03/99 94-015162 3127 Euclid Ave Lynwood. SOLD 03/16/00 Malone Mort 30% 60 09/08/99 41-746911 1600 Santa Fee Ave N. Compton SOLD 04/03/00 Malone Mort 30% 61 09/01/99 41-959086 39 Pleasant St, W. Long Beach SOLD 04/18/00 Malone Mort 10% 62 09/03/99 41-935654 23234th St, E. Long Beach SOLD 04/21/00 Malone Mort 10% 63 08/17/99 41-781991 247 74th St. East, Los Angeles SOLD 02/28/00 Malone Mort 30% 64 08/19/99 46-966581 6172 Homewood Ave. Buena Park SOLD 04/06/00 Malone Mort 10% 65 05/03/99 41-852251 770 E. Hawthorne PI, Pomona SOLD_ 03/20/00 Malone Mort 30% 66 09/20/99 41-878906 122-124 56th St, Long Beach SOLD 06/12/00 Malone Mort 10% 67 09/30/99 41-876784 318 8th St E. Long Beach SOLD 12/18/00 Malone Mort 10% 68 09/30/99 41-947518 1431 Linden Ave, Long Beach SOLD 03/20/00 Malone Mort 10% 69 03/03/00 46-922553 1060 W. Yale St, Ontario SOLD 05/16/00 N. City Mort 30% 70 04/10/00 46-963628 1737 Marin Ave, Ontario SOLD 06/13/00 N. City Mort 30% AOF/Pacific Affordable Housing Corp. Company Overview 2013 Page 10 71 06/07/00 46-942354 541 W. Mariposa Dr, Rialto SOLD 11/15/00 Life Bank 30% 72 06/29/00 46-794871 949 S. Millard Ave, Rialto SOLD 12/22/00 Life Bank 30% 73 07/11/00 46-688582 1351 N. Amador Ave, Ontario SOLD 10/27/00 Life Bank 30% 74 09/14/00 46-970079 790 S. Sandawood Ave, Rialto SOLD 12/28/00 Life Bank 30% 75 09/25/00 41-950137 1622 Arroyo Ave, Pomona SOLD 12/16/01 Life Bank 30% 76 09/25/00 48-163676 1659 N. Lilac Ave, Rialto SOLD 03/08/01 Life Bank 30% 77 08/17/00 FON-159 6884 Almeria St, Fontana SOLD 01/11/01 City of Font $1.00 78 07/14/00 46-624242 619 S. Laurel Ave, Ontario SOLD 07/27/01 City of Font $1.00 79 12/29/00 46-809036 9678 Laurel Ave, Fontana SOLD 05/22/01 Life Bank 30% 80 12/29/00 48-034401 522 N. Begonia Ave, Ontario SOLD 08/30/01 Life Bank 30% 81 05/01/01 46-902906 1823 N San Diego Ave, Ontario SOLD 07/20/01 N. City Mort 30% 82 04/06/01 41-853567 1175 E. Lincoln Ave, Pomona SOLD 08/01/01 N. City Mort 30% 83 04/09/01 48-195556 438 N. Acacia Ave Rialto SOLD 07/09/01 N. City Mort 30% 84 05/21/01 197057332 11703 Marquardt Ave, Whittier SOLD 08/23/01 N. City Mort 10% 85 07/31/01 41-914533 2676 Jefferson St, E. Carson SOLD 10/02/01 N. City Mort 10% 86 06/28/01 41-948012 6541 Lemon Ave, Long Beach SOLD 09/27/01 N. City Mort 100 87 07/30/01 197024112 2112 Lucien St, E. Compton SOLD 12/03/02 N. City Mort 30% 88 08/06/01 197049420 3062 Hollander St, Pomona SOLD 10/18/01 CDFI 10% 89 08/24/01 197092688 823 89 th St, E. Los Angeles SOLD 12/31/02 N. City Mort 30% 90 08/17/01 Conventional 727 E. Belmont, Ontario SOLD 12/07/01 CDFI 91 08/17/01 Conventional 733 E. Belmont, Ontario SOLD 02/01/02 CDFI 92 08/17/01 Conventional 735 E. Belmont, Ontario SOLD 03/22/02 CDFI 93 08/17/01 Conventional 737 E. Belmont, Ontario SOLD 02/13/02 CDFI 94 11/16/01 197140539 3136 Hollingworth St, E. W. Covina SOLD 04/18/02N. Cit Mort `Sk 10% 95 12/07/01 48-024436 1009 W. Granada Ct, Ontario SOLD 04/10/02 Valle F 10% 96 12/13/01 48-191379 1146 E. Deodar St, Ontario SOLD 04/19/02 Sky Valle F 10% 97 12/17/01 41-904803 8653 Dearborn Ave, South a e SOLD 05/03/02 Sky Valle F 10% 98 12/17/01 41-995160 1875 San Francisco Ave, LB SOLD 03/28/02 CDFI 10% 99 03/13/02 46844593 7781 Klusman Ave, R. Cucamonga SOLD 05/13/02 PFF 10% 100 04/08/02 197-116865 5665 Cerritos Ave, Long Beach SOLD 08/12/02 CDFI 30% 101 04/23/02 197-046736 133-37 16t St E. Long Beach SOLD 01/06/03 PFF 30% 102 04/18/02 197-083878 3310 Lewis Ave, Long Beach SOLD 09/24/02 CDFI 10% 103 07/11/02 197-166747 2509 Elm Ave, Long Beach SOLD 11/01/02 CDFI 10% 104 08/15/02 048-239674 4929 Canoga St, Montclair SOLD 01/31/03 N. City Mort 10% 105 02/07/03 197-126270 1974-80 Pasadena, Long Beach SOLD 05/13/03 CDFI 30% 106 02/13/03 197-133636 1014 4th St, W. Pomona SOLD 06/04/03 CDFI 30% _ 107 03/27/03 197-158871 1065-9 Gaviota Ave, Long Beach SOLD 07/23/03 Wells Faro 30% 108 03/10/03 197-186505 1115-17 91 St, E. LA SOLD 06/17/03 PFF 30% 109 04/25/03 197-099319 288-90 E. 43 Rd, Pl, LA SOLD 09/30/03 N. City Mort 30% 110 03/28/03 41-947349 8003-5 Parmelee Ave, LA SOLD 07/11/03 Wells Faro 30% 111 05/12/03 197-146588 241-43 109th St E. Los Angeles SOLD 08/04/03 PFF 30% 112 05/19/03 197-159343 1120 101st St, Los Angeles S_OLD 09/16/03 PFF 30% 113 07/09/03 197-212275 232-38 20th St W. Long Beach __ SOLD 10/24/03 PFF 30% 114 06/13/03 197-189292 1962 Fashion Ave, Long Beach SOLD 09/11/03 PFF 30% 115 07/24/03 197-151979 2214.16 Walter St, Huntington Park SOLD 12/23/03 Wells Faro 30% 116 09/26/03 197-141139 120-22 109th PI E. Los Angeles SOLD 01/29/04 CDFI 30% 117 01/21/04 197-079453 1036 42nd PI, E. Los Angeles SOLD 05/28/04 CDFI 30% AOF/Pacific Affordable Housing Corp. Company Overview 2013 Page 11 118 04/08/04 197-142516 F6i8 79th St W. -ad, LA SOLD 1 10/08/04 PFF Bank 30% 119 04/29/04 197-189464 1 755 56th Sl E. LA SOLD 10/04/04 N. City Mort 30% 120 04/30/04 197-262066 4461 Bowman Blvd, LA SOLD 08/31/04 CDFI 30% 121 06/03/04 197-075129 700-06 Camulos St, LA SOLD 01/20/05 CDFI 30% 122 07/30/04 197-090421 932 84th St W. a -d, LA SOLD 01/14/05 CDFI 30% 123 07/13/04 197-171587 824 Merwin Street N. LA SOLD 11/24/04 PFF 30% 124 06/10/05 041-975449 523 W. 79th St, LA, CA SOLD 09/19/05 CDFI 30% 125 07/22/05 197-246213 2700 W. Cypress St, Compton SOLD 11/08/05 CDFI 10% 126 05/15/06 1 197-083916 2020-20201/2-2022 E. 77th St, LA SOLD 08/14/06 PFF Bank 30% AOP/Pacific Affordable Housing Corp. Company Overview 2013 Page 12 IRVINE SANTA MONICA OAKLAND DENVER TYSONS Firm Description KTGY Group, Inc. was founded in 19ga by professionals who shared a common belief in creating a design firm that would perpetuate its success by investing in superior, productive people with positive attitudes and encouraging a team philosophy. This philosophy fosters an environment of support, training, listening and artistry, which has attracted the best and brightest young people, as well as some of the industry's top seasoned professionals. KTGY is headquartered in Irvine, California, with offices in Oakland and Santa Monica, Denver, Colorado and Tysons, Virginia. Providing planning and architectural design services for residential communities, retail developments, hospitality and related specialty projects worldwide, KTGY translates the client's needs and desires into an aesthetic, workable product that leads to financially successful and award- winning designs. Our goal is simple, create good designs that are well accepted in the marketplace, appropriate for the end user, and attains the client's profitability goal. Each team is led by a Principal/Shareholder who is involved from the initial conceptual phase through the construction phase. The teams planners, designers and architects are dedicated to a seamless process. Each client is partnered with a particular team based upon product type and/or region. This allows KTGY to better serve each client's needs by providing a focused team who really knows the local market/product and is current in new technologies. We are focused on helping clients have financially successful projects. The team philosophy has created an exceptional organization built around the success of our builder/clients. KTGY Group, Inc. Arch itecture+Planning 888.q 56.10gy ktgy.com Services Our People: Delivering on the Vision At KTGY, we believe it takes more than great ideas to design great places. It takes great people. Here, the energy, talent and creativity of our staff converge with a dedication to exceptional service to deliver successful architectural and planning solutions. How we work with clients embodies what we value. For almost two decades, KTGY has been as passionate about connecting with our clients and their objectives as we are about design and creativity. Our designs are inspiring and innovative, yet ever mindful of project goals. Our people listen, respond and deliver what our clients need, want and envision. As a full-service architectural and planning firm, KTGY has delivered a depth and breadth of successful design solutions for: Planning Master Planning Urban Design Site Planning Entitlement/Strategic Planning Residential Single Family Multi -Family 55+ Campus Housing Mixed -Use Horizontal Vertical Retail New Development Direct Tenant Repositioning Restaurants Special Projects Clubhouses Hotels Convention Centers Parking Structures Commercial Corporate Offices Tenant Improvement Interiors KTGY Group, Inc. Arch itecture+Planning 888.456.1<tgy IRVINE SANTA MONICA OAKLAND DENVER TYSONS CORNER ktgy.com IRVINE SANTA MONICA OAKLAND DENVER TYSONS Mission Statement Corporate Vision To Move the Discourse of Architecture Forward by Continuously Searching for Better. Mission Statement KTGY designs innovative, market driven, thoughtful solutions that produce lasting value for our clients, the community, and our firm. We do this by empowering the strong talent of our teams and with an extraordinary spirit of collaboration. Commitments Commitment to Clients: Create innovative design solutions for client success • Listen • Thoughtful design that aligns with client objectives • Assemble the appropriate team • Deliver buildable projects on time and on budget Commitment to Community and the Environment: Plan and design projects that enhance the community • Create pleasing spaces that elevate living, working, and playing • Integrate sustainability into every design • Embrace our unique position by giving selflessly of our time and resources for a greater good Commitment to KTGYTeam Members: Rudd the firm generation-te-generation __.. • Foster a spirit of collaboration within an entrepreneurial environment • Embrace experience, be open to new ideas, and enable talent to flourish • Opportunities for growth and opportunities for financial reward Commitment to Embrace Change KTGY Group, Inc. Arch itecture+Planning 888.456. ktgy ktgy.com Affordable Housing Asa leader in the design of affordable housing, KTGY knows what it takes to satisfy this very specific market. From developments for seniors and work force housing to subsidized communities for residents with very low incomes, KTGY knows the specialized requirements for varied financing strategies, agency requirements, and specific design needs for these groups. The approach maybe different, but the goal is always the same —to create a Home. With our client's goals and desires at the forefront, coupled with our passion and desire to create great places, KTGY can assist with a wide range of planning, architecture and/or implementation services designed to create great communities and great value. Diamond Apartment Homes - Anaheim, CA Jamboree Housing Corp. 3 -Story Special Needs/Affordable Housing Heritage Oaks - Oakdale, CA Central Valley Coalition for Affordable Housing & Adroit Development, Inc. Affordable Senior Housing LEED Platinum Certified Dana Strand - Los Angeles, CA ROEM Development Corporation Senior Affordable Apartments FEED Gold Certified Royal Court Single Family - Morgan Hill, CA South County Housing Affordable & Market Rate Single Family Homes KTGY Group, Inc. Arch itectu re+Planning 888.456. ktgy IRVINE SANTA MONICA OAKLAND DENVER TYSONS CORNER ktgy.com Affordable Housing Communities Init Gi) State 'Client Units �DenyLLy on 'Status ., ,; I IA:: 1 T. i �Descupiii ICounty I1 i y v�i�hry rLLy _ I j IT) SIT ti I- R�9l rJ_R 1 1� 'c�1 'en s+ 'n * 1 1 U "1) t i +ap t I'r, I� i 1 - I _ n1 I � IIII TALL-, 1LSU Ii 1ve " a l ix 1 l 1 20 . } yf t 5. .v "i it r (,J3 �& r bb. vel e.. Isi �1 .t1 J t � iI te1 it It t. A"T, o(. it -I1,ru J n9!I �.. it I III .)!I'll'!. 1 tJl � I...r n :R I i•pfi I I J rte I I .... _ Alms t,. n.,a vl ib. t .. 1 .... 1 _. .___.. _. m�F: J � _ __.. ,d .-I. L:p. r I ..1 1� a i /•i9 rt I �'.. 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State client -Units -_ - Density Des<uption - - Sta,, o_.o i.� i �. sr � n ti" it q If ....� 4 , WA, I., A,, 1uL; I' If :1Y, I i ill G Y rf Aft,i fie(im(G .., ,.., i, ,... .,. .. L illR ,., t MINI if Royal Court Single Family Client South County Housing Location Morgan Hill, CA Use Affordable and Market Rate Single Family Facts • Density - 14 DU/AC • Plans - 1,578-1,811 SF • Units - 12 DU Awards 2oo8 Gold Nugget Awards • Category 14 - Best Affordable Project Under 3o du/ac (Award of Merit) f • Category 22 - Best Neighborhood Site Plan Up To 20 Acres y, (Award of Merit) 2007 Gold Nugget Awards • Category 13 - Best Affordable Project Under 3o du/ac (Award of Merit) , 2007 Builder's Choice Awards • I •Category 3A - Single Family f Detached Project (Grand Award) 2517 - Ph.(, ,p,hy G John Glhbel [ I)LSC: RIPTIO N Royal Court is a development of twelve single-family homes designed to be affordable to families earning below the median family income. Built by non-profit builder South County Housing, these homes and the adjoining apartments also designed by KTGY, fill in a derelict, underutilized, brown field site. The homes are designed to compliment the agrarian nature of Morgan Hill, while allowing for a fairly high density. Simple massing joined with time-honored materials and an attention to the details has created homes that seem at once contemporary and traditional. IC;=Wk, G'Iouh, hi r. srchiked mv+:�I<annisrg F ,.., IRVINE SANTA MONICA OAKLAND DENVER TYSONS CORNER I<t ey.cmn Royal Court - Single Family IRVINE SANTA MONICA OAKLAND DENVER TYSONS CORNER K�G kty.com CITY O (� O�L \A- C{c i) LAKE -LSIIIOP\E-- Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) t?A <eq M\ CPA Address Please print Phone i l wish to address Agenda Item No. . (comments limited to 3 minutes) ► I wish to comment on the following non agendized item at the beginning of the meeting: (Comments limited to I minute) L covft w" r TT vL ► I wish to comment on the following non -a endized item at end of meeting: (Comments limited to 3 minutes) Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY OF � n frn -_ � LAKT.. L.SIAOU- lw ' REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Please Print Organization Represented: woo UV\A5" Address Phone ► I wish to address Agenda Item No. . (comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the heginninc of the meetln . (Comments limited to 4 minute) ► I wish to comment on the following non -a endized item at end of meetin : (Comments limited to 3 minutes) ate Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! Ct1 L7 51- &N L S *111 �OR. E D)YI�AM EXTREME x Name: Organization Represented: n C o -t 0 REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) r S K-'/ -: Address Please Print Phone I• I wish to address Agenda Item No. (comments limited to 3 minutes) I wish to comment on the following non agendized item at the beginning of the mg!q : (Comments limited to 1 minute) �F r .w 1 7 op- I wish to comment on the following non agendized item at end of meeting: (Comments limited to 3 minutes) I , Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! c;fi LAIQrE 4 - D -AM, E-XTKrMF 7o Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Address ► 1 wish to address Agenda Item No Please Print Phone . (Comments limited to 3 minutes) ► I wish to comment on the following non agendized item at the beginning of the meeting: (Comments limited to 1 minute Jllac, C::� ► I wish to comment on the following non -a endized item at end of meeting - (Comments limited to 3 minutes) Date Sig ature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY or LAKEL..�sinorzE Name: Organization Represented: AM EXTUME �—Aq ,-6 ,-, J" REQUEST To ADDRESS THE CITY COUNCIL�a � (Please submit to the City Clerk prior to meeting) r �P/lea�sePr�int Address ► 1 wish to address Agenda Item No Phone (Comments limited to 3 minutes) ► I wish to comment on the following non agendized item at the beginning of the meeting: (Comments limited to I Ininute) ► I wish to comment on the following non -a endized item at end of meetin : (Comments limited to 3 minutes) Date /S-"iegg-nature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Nan-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting)_ After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY Or LAKE LSMORX REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Please Print Address r� Phone ► 1 wish to address Agenda Item No. (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meetln : (Comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Date The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items' and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY O LAEL LttCAAh F�T1�) Jvti !K REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: 1i Please Print Organization Represented: Address Phone 1D�I6-U?% ► 1 wish to address Agenda Item No. — (comments limited to 3 minutes) 1� I wish to comment on the following non agendized item at the beginning of the meeting: (Comments limited to 1 minute) t I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) rig, Date xo 16 Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! ljk"�� � 0 REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name 14- Ali (g Organization Represented: Address Please Print Phone b, jo. I wish to address Agenda Item No. (Comments limited to 3 minutes) Im- I wish to comment on the following non--agendized item at the beginning of the meeting: (Comments limited to Z minute) I wish to comment on the following non -a endized item at end of meeting: (Comments limited to 3 minutes) 0 ',�; �2_0 j & Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized items speakers will be called under "Public Comments — Non-Agendized items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! Crry OF LA E SMOKE REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name:i2,V Please Print Organization Represented: Address Phone ► I wish to address Agenda Item No./ 5. (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► 1 wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items' and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY OF f C� LAKE LSITIORF DREAM ETA . TX REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Be, W.,. Name: Organization Represented: . Address oo- I wish to address Agenda Item No. Please Print lil",J G� � Phone (Comments limited to 3 minutes) Yi%-- t c? I I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) r I wish to comment on the following non -a endized item at end of meetin : (Comments limited to 3 minutes) Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments --- Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY OF DREAM EX L.S1ft0R6.E- TPLEME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) i Name: �` �� Please Print Organization J Represented: Ph Address O C7 g one f I wish to address Agenda Item No. _/6 . (comments limited to 3 minutes) ► I wish to comment on the following non- agendized item at the beginning of the meetin : (Comments limited to 1 minute) I► I wish to comment on the following non- a endized item at end of meetin (Comments limited to 3 minutes) Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda.. Non- Agendized Items speakers will be called under "Public Comments — Nan-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! Vt-,X LAKE LSMORf `g DkEAM. EXTKEM.t" ,K REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Organization Represented: Address t I wish to address Agenda Item No. Please Print Phone (Comments limited to 3 minutes) t I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) op- I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items' and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! Diana Giron Subject: Monitor Lake Elsinore Live Manager Time Stamping Issue Location: Go To Meeting Start: Tue 3/8/2016 5:45 PM End: Tue 3/8/2016 6:45 PM Recurrence: (none) Meeting Status: Accepted Organizer: Cynthia Morton When. Tuesday, March 08, 2016 6:45 PM -7:45 PM (UTC -07:00) Mountain Time (US & Canada). Where: Go To Meeting Note: The GMT offset above does not reflect daylight saving time adjustments. Need to look at Live Manager time stamping, record a Go To Meeting and make sure Live Manager is not dropping the time stamps when imported into Media Manager. You can just write down the link below and type it into Internet Explorer or Google Chrome before you start your meeting: Lake Elsinore Tue, Mar 8, 2016 6:45 PM - 9:45 PM Mountain Standard Time Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/ioin/306755173 You can also dial in using your phone. United States f1 (571) 317-3122 Access Code: 306-755-173 1 Diana Giron Subject: Monitor Lake Elsinore Live Manager Time Stamping Issue Location: Go To Meeting Start: Tue 3/8/201.6 5:45 PM End: Tue 3/8/2016 6:45 PM Recurrence: (none) Meeting Status: Accepted Organizer: Cynthia Morton When: Tuesday, March 08, 2016 6:45 PM -7:45 PM (UTC -07:00) Mountain Time (US & Canada). Where: Go To Meeting Note: The GMT offset above does not reflect daylight saving time adjustments. Need to look at Live Manager time stamping, record a Go To Meeting and make sure Live Manager is not dropping the time stamps when imported into Media Manager. You can just write down the link below and type it into Internet Explorer or Google Chrome before you start your meeting: Lake Elsinore Tue, Mar 8, 2016 6:45 PM - 9:45 PM Mountain Standard Time Please join my meeting from your computer, tablet or smartphone. htt s: lobal. otomeetin .com 'oin 306755173 You can also dial in using your phone. United States +1 (571) 317-3122 Access Code: 306-755-173 Diana Giron From: Cynthia Morton <Cynthia.Morton@granicus.com> Sent: Tuesday, March 08, 2016 4:23 PM To: Diana Gir6n Subject: RE: Go To Meeting appoint tonight Yes, 303-408-9289. So this meeting was to capture the timestamping not porting correctly over to media manager right? Are Susan and Matt having the same problem? Because the only reason I needed to watch was to watch the timestamping happening in Live Manager and record it and then compare it to what eventually uploads to Media Manager? Can I call you to discuss? Thank you, Cynthia From: Diana Gir6n [mailto:dgiron@lake-elsinore.org] Sent: Tuesday, March 08, 2016 5:04 PM To: Cynthia Morton Subject: RE: Go To Meeting appoint tonight Cynthia, Do you have a number we can reach you at just in case... Thank you. Diana Giron Deputy City Clerk City of Lake Elsinore PH:(951) 674-3124,261 From: Cynthia Morton [m__alto_Cynthia_Morton@g[an.icus_com] Sent: Tuesday, March 08, 2016 2:02 PM To: Diana Gir6n <dgiron@ake-elsinore.org> Subject: RE: Go To Meeting appoint tonight We are on for tonight! I will be observing. I'll be starting the GO TO MEETING about 30 mins before your meeting so it will just run while you get ready for your meeting so it doesn't interfere. From: Diana Gir6n [mailto dgjron@lake elsnore.org] Sent: Tuesday, March 08, 2016 1:52 PM To: Cynthia Morton Subject: Go To Meeting appoint tonight Hi Cynthia, Diana Girbn From: Cynthia Morton <Cynthia.Morton@granicus.com> Sent: Tuesday, March 08, 2016 4:23 PM To: Diana Girbn Subject: RE: Go To Meeting appoint tonight Yes, 303-408-9289. So this meeting was to capture the timestamping not porting correctly over to media manager right? Are Susan and Matt having the same problem? Because the only reason I needed to watch was to watch the timestamping happening in Live Manager and record it and then compare it to what eventually uploads to Media Manager? Can I call you to discuss? Thank you, Cynthia From: Diana Girbn [mailto:dgiron@lake-elsinore.org] Sent: Tuesday, March 08, 2016 5:04 PM To: Cynthia Morton Subject: RE: Go To Meeting appoint tonight Cynthia, Do you have a number we can reach you at just in case... Thank you. Diana Girbn Deputy City Clerk City of Lake Elsinore PH:(951) 674-3124,261 From: Cynthia Morton [mailto;CLnthia.,Morton_@grani_cus_comj Sent: Tuesday, March 08, 2016 2:02 PM To: Diana Girbn <dgiron lake-elsinore.org> Subject: RE: Go To Meeting appoint tonight We are on for tonight! I will be observing. I'll be starting the GO TO MEETING about 30 mins before your meeting so it will just run while you get ready for your meeting so it doesn't interfere. From: Diana Giron [mailto dgiron@lake-elsinore.org] Sent: Tuesday, March 08, 2016 1:52 PM To: Cynthia Morton Subject: Go To Meeting appoint tonight Hi Cynthia, 1 SUPPLEMENTAL INFORMATION AGENDA NO. 16 March 7, 2016 City Council Lake Elsinore City Hall 130 South Main St. Lake Elsinore, CA 92530 RE: Support for Butterfield Trail Conceptual Alignment Mayor Tisdale: I am happy to see progress being made on the Butterfield Overland Stage route through Temescal Valley. The City of Lake Elsinore has several outdoor recreation options and this trail would complement the active lifestyle the City has to offer. Adding further, a trail that is protected from vehicles is much needed. My husband and I fully support a multi -use recreational trail that will connect the City of Lake Elsinore to the City of Corona. The idea that we could be able to ride our bikes to the Santa Ana River Trail one day is very exciting. Thank you for taking the time to consider this project. Sincerely, ricia Almiron 29410 Star Ridge Dr. Lake Elsinore, CA 92530 cc: Supervisor Kevin Jeffries SUPPLEMENTAL INFORMATION AGENDA NO. 16 March 7, 2016 City Council Lake Elsinore City Hall 130 South Main St. Lake Elsinore, CA 92530 RE: Support for Butterfield Trail Conceptual Alignment Mayor Tisdale: I am happy to see progress being made on the Butterfield Overland Stage route through Temescal Valley. The City of Lake Elsinore has several outdoor recreation options and this trail would complement the active lifestyle the City has to offer. Adding further, a trail that is protected from vehicles is much needed. My husband and I fully support a multi -use recreational trail that will connect the City of Lake Elsinore to the City of Corona. The idea that we could be able to ride our bikes to the Santa Ana River Trail one day is very exciting. Thank you for taking the time to consider this project. Sincerely, icAlmiron 29410 Star Ridge Dr. Lake Elsinore, CA 92530 cc: Supervisor Kevin Jeffries SUPPLEMENTAL INFORMATION AGENDA NO. 16 March 7, 2016 City Council Lake Elsinore City Hall 130 South Main St. Lake Elsinore, CA 92530 RE: Support for Butterfield Trail Conceptual Alignment Mayor Tisdale: I am happy to see progress being made on the Butterfield Overland Stage route through Temescal Valley. The City of Lake Elsinore has several outdoor recreation options and this trail would complement the active lifestyle the City has to offer. Adding further, a trail that is protected from vehicles is much needed. My husband and I fully support a multi -use recreational trail that will connect the City of Lake Elsinore to the City of Corona. The idea that we could be able to ride our bikes to the Santa Ana River Trail one day is very exciting. Thank you for taking the time to consider this project. Sincerely, ricia Almiron 29410 Star Ridge Dr. Lake Elsinore, CA 92530 cc: Supervisor Kevin Jeffries Susan M. Domen, MMC From: Kathi Weathers Sent: Tuesday, March 8, 2016 2:33 PM To: Susan M. Domen, MMC Cc: Luz Reyes; Diana Giron; Grant Yates; Nicole Dailey, MBA Subject: For City Council meeting tonight Attachments: Chapter 9 96 Lake Use Ordinance - First Reading - Latest Edits.pdf Importance: High Hi Susan, Pete Dawson asked that I forward the attached information to you for the City Council meeting tonight. He said it is on his behalf personally, not on behalf of LEMSAR. If you need to speak with Mr. Dawson he can be reached at 951-202-1584. Kathi Weathers Executive Assistant City of Lake Elsinore PH:(951) 674-3124,204 From: Pat Scoble [mailto:patioshawver@verizon.net] Sent: Tuesday, March 08, 2016 2:22 PM To: Kathi Weathers <kweathers@Lake-Elsinore.org> Subject: Fw: From: pete dawson Sent: Monday, March 7, 2016 4:28 PM To: Peter Dawson Subject: Fw: Attached is the newest version of the lake use ordinance which will go to the Council tomorrow night, Tuesday, March 8. 1 believe it to be an acceptable set of rules, and, thanks to your efforts, is far better than the early versions. Thanks to all of you who assisted in improving the document. Pete Dawson From: pete dawson Sent: Monday, March 07, 2016 4:12 PM To: Peter Dawson o c�vastF This email has been checked for viruses by Avast antivirus software. www.avast.com