HomeMy WebLinkAbout05/13/2008 CC Reports
CITY OF LAKE ELSINORE
CITY COUNCIL AGENDA
DARYL HICKMAN, MAYOR
GENIE KELLEY, MAYOR PRO TEM
THOMAS BUCKLEY, COUNCILMAN
ROBERT E. "BOB" MAGEE, COUNCILMAN
ROBERT SCHIFFNER, COUNCILMAN
ROBERT A. BRADY, CITY MANAGER
WWW.LAKE-ELSINORE.ORG
(951) 674-3124 PHONE
(951) 674-2392 FAX
LAKE ELSINORE CULTURAL CENTER
183 NORTH MAIN STREET
LAKE ELSINORE, CA 92530
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TUESDAY, MAY 13, 2008
STUDY SESSION AT 4:00 P.M.
CLOSED SESSION AT 5:00 P.M.
PUBLIC SESSION AT 7:00 P.M.
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
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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 the
City Clerk's Office on the Friday prior to the Council meeting and are available on the
City's web site at www.lake-elsinore.orq. 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 Office at (951) 674-3124, ext. 262, at least 48 hours before the
meeting to make reasonable arrangements to ensure accessibility.
CALL TO ORDER -- 5:00 P.M.
CLOSED SESSION
(1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: - 1 potential case
(1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8)
Property: APN 377-231-028
City Negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore, Estelle Muniz, Veri Nelson, and
James Nelson
Under negotiation: Price and terms of payment
(1 c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8)
Property: APN 375-250-031
City Negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore, Debbie Feeney, and Paul Feeney
Under negotiation: Price and terms of payment
CALL BACK TO ORDER (7:00 P.M.)
PLEDGE OF ALLEGIANCE - Conducted by the Elsinore High School Jr. ROTC
INVOCATION - MOMENT OF SILENT PRAYER
ROLL CALL
CLOSED SESSION REPORT
PRESENTATIONS/CEREMONIALS
(2) Mayor Hickman will present a proclamation in recognition of May being Mental
Health Month.
(3) Mayor Hickman will present Certificates of Recognition to the Tax Assistance
Program volunteers.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
(Please read & complete a Speaker's Form at the podium, prior to the start of the City
Council Meeting.)
PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the podium, prior to the start of the City
Council Meeting. The Mayor will call on you to speak, when your item is called.)
CONSENT CALENDAR
(All matters on the Consent Calendar are approved on one motion, unless a
Councilmember or any member of the public requests separate action on a specific
item.)
(4) Minutes of the Followinq Meetinq(s)
a) Joint City Council/Redevelopment Agency Study Session - April 22, 2008.
b) Regular Meeting - April 22, 2008.
Recommendation: Approve as submitted.
(5) Warrant List Dated April 30. 2008
Recommendation: Authorize payment of Warrant List dated April 30, 2008.
(6) Claim Aoainst the City
Recommendation: Reject the claim listed and direct the City Clerk's Office to
send a letter informing the claimant of the decision.
(7) Notice of Completion for Sunswept Drive and Diion Street Improvements
Recommendation: Authorize the Mayor to execute the Notice of Completion and
allow the City Clerk to file the Notice of Completion with the County of Riverside
Recorder's Office.
(8) Construction of New Deck and Ramp at Chamber of Commerce Buildino
Recommendation: Authorize the City Manager to process a purchase order in
the amount of $33,990 to Lakeshore Homes & Development for the construction
of the new deck and ramp at the Chamber of Commerce Building.
(9) Award of Contract - Dust Control Applicator for Dirt Roads
Recommendation: Staff recommends that the Mayor and City Council authorize
the City Manager to execute a contract agreement with South Western Seal
Coating Inc. to provide dust control services for City dirt roads.
(10) Settlement Aoreement with MSA Enterprises. Inc. (Best Western Hotel)
Recommendation: The City Council approve the Settlement Agreement and
authorize the Mayor to execute the Agreement along with any ancillary
documents, subject to any minor modifications as may be approved by the City
Attorney.
(11) New Copier Leases with Innovative Documents Solutions for the Finance
Department
Recommendations:
a) Approve the digital copier lease proposal authorize the City Manager to
execute the 60 month Municipal Lease Agreement with Cannon Financial
Services, Inc. for a Cannon iR3045 digital copier.
b) Approve service proposal by Innovative Documents Solutions (based on
monthly CMAS Service Agreement #GS-25F-0023M) and authorize the
City Manager to execute the Service Agreement with Innovative
Documents Solutions to maintain a Canon iR3045 digital copier, per the
stated terms and conditions.
(12) Aoreement For Services With A & A Janitorial
Recommendation: Approve the two year agreement with A & A Janitorial and
authorize the City Manager to sign the agreement.
PUBLIC HEARINGS
There are no public hearings.
BUSINESS ITEMS
(13) Reoistration Fee for Abandoned Residential Property
Recommendation: Waive further reading and adopt a resolution setting a fee for
the registration of abandoned residential properties in compliance with Ordinance
No. 1252.
(14) A Request by the City of Canyon Lake to Remove Territory from the Lake
Elsinore Sphere of Influence and to Detach a Portion of the City of Lake Elsinore
and Annex it to the City of Canyon Lake
a) Consider Canyon Lake's request to remove approximately 162 acres of
territory from the City's Sphere of Influence; and
b) Do not approve detachment of approximately 22 acres from the City of
Lake Elsinore of annexation to Canyon Lake.
(15) Plannino Commission Recruitment/Appointment Process
Recommendation: Appoint a sub-committee of the City Council to review
applications, interview candidates and make recommendations to fill three
Planning Commission vacancies for appointment at the June 24, 2008, City
Council meeting.
(16) Second Readino - Adoption of Ordinance No. 1253. Addino Chapter 17.26 of the
Lake Elsinore Municipal Code Reoardino Density Bonuses
Recommendation: Waive further reading and adopt Ordinance No. 1253, adding
Chapter 17.26 of the Lake Elsinore Municipal Code Regarding Density Bonuses.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Speaker's Form at the Podium, prior to the Start of the City
Council Meeting)
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
COMMITTEE REPORTS
CITY TREASURER COMMENTS
CITY COUNCIL COMMENTS
ADJOURNMENT
The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday,
May 27, 2008, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main
Street, Lake Elsinore, CA 92530.
AFFIDAVIT OF POSTING
I, VIVIAN M. MUNSON, 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!
~_ l~~~r
VIVIAN ~ MUNSON DATE
CITY CLERK
CITY OF .~.
LiU(~ ,6,LSfi10Rf
,~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: CLOSED SESSION REPORT
Discussion
(1a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't Code
Section 54956.9: - 1 potential case
(1 b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8)
Property: APN 377-231-028
City Negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore, Estelle Muniz, Veri Nelson, and
James Nelson
Under negotiation: Price and terms of payment
(1c) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 954956.8)
Property: APN 375-250-031
City Negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore, Debbie Feeney, and Paul Feeney
Under negotiation: Price and terms of payment
Recommendation
Recess prior to adjournment of tonight's meeting in order to conduct an executive
(closed) session.
Approved by:
Robert A. Bra~
Executive Directo~
Agenda Item No. 1
Page 1 of 1
CITY OF ~.
LAKE ,6,LSil'lORB
Y DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: PRESENTATION
Discussion
Mayor Hickman will present a proclamation in recognition of May being Mental Haith
Month.
Prepared by:
Vivian M. MunsW
City Clerk
Robert A. Bradyf,\rtL
City Manager '~
Approved by:
Agenda tem No. 2
age 1 of 1
+
LAl(J: LSINORJ:
\ I
~ DREAM E)(TREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: PRESENTATION OF CERTIFICATES OF RECOGNITION
Discussion
Mayor Hickman will present Certificates of Recognition to the Tax Assistance Prog am
volunteers.
Recommendation
Receive and file.
Prepared by:
Vivian M. MunsoW
City Clerk
Robert A. Brady (\ ~
City Manager Y4lV
Approved by:
Agenda tem No.3
age 1 of 1
MINUTES
JOINT CITY COUNCIUREDEVELOPMENT AGENCY
STUDY SESSION
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, APRIL 22,2008
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CALL TO ORDER
Mayor Hickman called the Joint Study Session to order at 4:01 p.m.
ROLL CALL
PRESENT:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
COUNCILMAN BUCKLEY
ABSENT:
Also present were: City Manager Brady, City Attorney Leibold, City Treasurer We er,
Administrative Services Director Pressey, Parks & Recreation Director Gonz les,
Director of Lake and Aquatic Resources Kilroy, Director of Public Works Seumalo,
Planning Manager Weiner, Community Development Director Preisendanz, C de
Enforcement Manager Chipman, Redevelopment Manager McCarty, Planner Coury nd
City Clerk Munson.
DISCUSSION ITEMS
Mayor Hickman gave an overview of the presentations and confirmed that the
presenters would be present at the 7:00 p.m. meeting.
PUBLIC COMMENTS
There were no public comments.
CONSENT CALENDAR
(8) Minutes of the Followina Meetinq(s)
No comments.
1
Agenda tem NO.4
Page 1 of 17
(9) Warrant List Dated April 15. 2008
Mayor Hickman inquired about Check No. 95658.
Administrative Services Director Pressey responded to his inquiry.
(10) Investment Report - March 2008
No comments.
(11 )
liance Documents for the Pr 'ect
Councilman Magee inquired if the school district had any desire or plans to
a school in this area.
City Manager Brady indicated the area the school district was interested in
an area that was outside of the City limits.
Mayor Pro Tern Kelley indicated in meetings with the school district they st ted
they were looking at closing schools and not interested in building schools in the
near future.
Councilman Magee indicated he could support an annexation if it was f r a
school site or for their small corporate yard.
(12)
No comments.
(13) Award Consultant Contract for Desi n of Grand Avenue Pavement Rehabilita ion
No comments.
(14) Approve Transfer of CDBG Funds
Mayor Hickman inquired if the CDBG Funds were not used would they be lost.
City Manager Brady confirmed they would be lost.
(15) Status of the General Plan Update and Environmental Impact Report
Mayor Hickman inquired how many people still needed to be heard at the ext
Planning Commission meeting regarding the General Plan.
2
Agenda Item NO.4
Pa e 2 of 17
Community Development Director Preisendanz responded many spoke at the
Planning Commission meeting, but did not submit a letter. He indicated hey
received a total number of 38 letters that require a response.
PUBLIC HEARINGS
(16) Tentative Parcel Map 33163
No comments.
(17) Zonin Ordinance Text Amendment No. 2008-02' Addin Cha ter 17.26 "De sit
Bonuses" to the Lake Elsinore Munici al Code Re ardin the Establishme t of
Densit Bonuses and Other Incentives Linked to Affordable Hou in
Development, Childcare Facilities and Land Donations
Mayor Pro Tem Kelley inquired why this item was not coming back as part 0
General Plan.
City Attorney Leibold responded the density bonus ordinance is a requireme t of
State law which has changed rapidly in the last couple of years. She indic ted
that it was important to have this in place before the City submits the updat of
the Housing Element to HCD for review. She also indicated the density b nus
ordinance does provide the opportunity for increase density for certain kind of
projects.
APPEAl{S)
(18) A eal of the Plannin Commission's Decision to Den Conditional Use P rmit
2006-17 and Minor Desi n Review for the Pro'ect Known as the "Ter Thi len
Boat House
No comments.
BUSINESS ITEMS
(19) Ridqestone Apartment Proiect Status
Councilman Magee indicated Ridgestone began work on Chris Circle opposi e of
Ardenwood, and during the course of their grading; they violated several Sate,
County and Federal regulations. He indicated they had a permit for an
encroachment only and went back some 500 ft. from the roadway, filled n a
drainage course and destroyed habitat. He indicated County Code Enforce ent
issued a stop work order on their grading which did not stop them because hey
were back out today working on the signal. He indicated these people should not
be given another Certificate of Occupancy until they learn how to play by the
rules and correct the damage they have reeked on our community.
3
Agenda Item No. 4
Pa e 3 of 17
Public Works Director Seumalo gave a status of the communications be een
the City and Ridgestone. He stated it was the City's responsibility to ensure hat
they follow the rules. He indicated the Conditions of Approval for occupancy are
monitored by staff and how they violate environmental issues is something hat
staff catch's them on and reports to the appropriate agency. He stated lien
Street is not tied to a Certificate of Occupancy and the environmental violati n is
two degrees removed from their occupancy in that the signal is required. He
stated if they are violating environmental regulations and the construction for the
signal stopped, the consequences are they don't get the signal complete r a
certificate of occupancy.
(20) Residential Desi n Review 2007-11 for the Desi n and Construction of an ht
Unit Apartment Complex and Associated Improvements
No comments.
REDEVELOPMENT AGENCY
CONSENT CALENDAR
(1) Approval of Redevelopment Aqency Minutes
No comments.
(2) Warrant List Dated April 15, 2008
No comments.
(3) Investment Report - March 2008
No comments.
PUBLIC HEARINGS
(4 ) Tentative Parcel Map 33163
No comments.
BUSINESS ITEMS
(5) Residential Desi n Review 2007-11 for the Desi n and Construction of an ht
Unit Apartment Complex and Associated Improvements
No comments.
4
Agenda I em NO.4
Pa e 4 of 17
PUBLIC COMMENTS - NON.AGENDIZED ITEMS - 3 MINUTES
There were no comments.
ADJOURNMENT
Mayor Hickman adjourned the Joint City Council/Redevelopment Agency Study Ses ion
at 4:23 p.m.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
THOMAS BUCKLEY, CHAIRMAN
REDEVELOPMENT AGENCY
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
5
Agenda Item No.4
Pa e 5 of 17
MINUTES
CITY COUNCIL
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, APRIL 22,2008
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(1 a) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Gov't
Section 54956.9: 1 potential case
CALL TO ORDER - 5:00 P.M.
The Regular City Council Meeting was called to order by Mayor Hickman at 5:00 p.
CLOSED SESSION
City Attorney Leibold indicated the following items were to be discussed during CI
Session:
(1b) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code 95495 .8)
Property: APN 377-231-028
City Negotiator: City Manager Brady
Negotiating parties: City of Lake Elsinore, Estelle Muniz, Veri Nelson, and
James Nelson
Under negotiation: Price and terms of payment
The Regular City Council meeting was recessed into Closed Session at 5:00 p.m.
RECONVENE IN PUBLIC SESSION (7:00 P.M)
PLEDGE OF ALLEGIANCE
the Pledg~ of
Shaun Richardson and Boy Scout Troop 332 led the audience in
Allegiance.
INVOCATION - MOMENT OF SILENT PRAYER
Mayor Hickman led the meeting in a moment of silent prayer
1
Agenda fem NO.4
Pa e 6 of 17
___.____..._________..________________________u____
ROLL CALL
PRESENT: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
ABSENT: NONE
Also present were City Manager Brady, Assistant City Attorney Leibold, Administr tive
Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Direct r of
Public Works Seumalo, Information/Communications Manager Dennis, Director of P rks
and Recreation Gonzales, Community Development Director Preisendanz, Fire hief
Hendershot, Planning Manager Weiner, Building Division Manager Chipman and ity
Clerk Munson.
PRESENTATION/CEREMONIALS
(2)
(3)
(4)
(5)
(6)
(7)
Mayor Hickman presented a proclamation to Russ Howard in recognitio of
Motorcycle Awareness Month.
Mayor Hickman presented a proclamation to Jayne Stanyon and Roland
Sandoval in recognition of Donate Life California Month.
Mayor Hickman presented a proclamation to John Mollway & Helen Robinson in
recognition of April being Autism Month.
Mayor Hickman presented a proclamation in recognition of Earth Day and ith
the assistance of Dolores Badillo from CR & R recognized students from the
Lake Elsinore Unified School District who developed their own recy ling
programs. Students from Elsinore High School were as follows: Edward D vis,
Shaun Richardson, Dillon Ledbetter, Gerado "Jerry" Rojas, Haaris Chaundhry,
Carlos, Olvera and Marcus Atkins; and from Cottonwood Canyon Elementa
Jared Chavez, Elijah Davis and K2 Klarich. '
Mayor Hickman presented a plaque to Adam Jadovitz. owner of A ~ M
Automotive, Inc. for being the recipient of the Winter 2008 Business of I the
Quarte~. I
Mayor Hickman presented a Certificate of Appreciation to Bob and Mona Da~ies,
Community Outreach, for their work in the community. I
i
Nancy Hunzuker, 1st Vice-Chair for the Chamber of Commerce, provided an
update on Chamber activities.
2
Agenda tem No.4
Pare 7 of 17
CLOSED SESSION REPORT
City Attorney Leibold reported on discussions undertaken during Closed session'll No
reportable action was taken. I
I
I
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Mary Vunerable, Vice President of the Lake Elsinore Southwest Riverside Co nty
NAACP, announced a 90 Day of Hope Workshop, on Saturday, June 14th, from :00
a.m. to 2:00 p.m., which the NAACP with the City of Lake Elsinore are co-hosting. he
stated the workshop is being designed to assist individuals in the community who are
having mortgage payment problems or problems related to foreclosure action.
Chris Hyland, resident, discussed the paving of Ulla Lane as indicated in City Co ncil
minutes in 1985 and Council actions that approved the acceptance of Ulla Lane s a
public street, also indicated in minutes. She also discussed the bridges buil on
properties on Ulla Lane without permits and indicated she will do further investigating of
the legalities of those bridges over the ditch base as possible flooding. She Iso
discussed her issues with the truck and automobile traffic in her housing tract.
COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 8 THROUGH 14
EXCLUSIVE OF CONSENT CALENDAR ITME NO. 15
(8)
I
I
Minutes of the Followinq Meetinq(s) ~
a) Joint City Council/Redevelopment Agency Study Session - April 8, 20 8.
b) Regular Meeting - April 8, 2008.
The following items were listed on the Consent Calendar for Council approval:
Recommendation: Approve as submitted.
(9) Warrant List Dated April 15. 2008
Recommendation: Authorize payment of Warrant List dated April 15, 2008.
(10) Investment Report - March 2008
Recommendation: Receive and file.
(11 )
,
Recommendation: City Council authorize the City Manager to enter in~o a
contract with ESA not to exceed $28,250.
3
Agenda tem No.4
Pare 8 of 17
(12) A Resolution Supportinq the Inteqrated Reqional Watershed Manaqement ~
for the San Jacinto River Watershed i
I
i
Recommendation: Waive further reading and adopt Resolution No. 2008~46,
supporting the San Jacinto Integrated Regional Watershed Management Pla1.
(13) Award Consultant Contract for Desi n of Grand Avenue Pavement Rehabilita ion
Recommendation: Award the consultant contract to the firm of MetroP inte
Engineers for an amount not to exceed $54,914 for preparation of plans and
specifications of Grand Avenue. I
(14) Aoorove Transfer of CDBG Funds I
Recommendation: Approve the transfer of CDBG Funds from DangeJous
Structure Abatement and from City Park Play Equipment Replacement to'l the
Curb, Gutter, Sidewalk Construction, and Replacement Program.
(15) Status of the General Plan Update and Environmental Impact Report
Recommendation: Receive and file.
Mayor Hickman pulled Consent Calendar Item No. 15.
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
(15) COUNCIL RECEIVES AND FILES CONSENT CALENDAR ITEM NO.~
STATUS OF THE GENERAL PLAN UPDATE AND ENVIRONMENTAL
IMPACT REPORT
4
Agenda 16em No.4
pa( 9 of 17
i
i
I
Tim Flemming, resident, expressed his concerns with the many issues of! the
update of the General Plan. '
It was moved by Councilman Magee, and seconded by Councilman SChiffn~:r to
receive and file Consent Calendar Item No. 15 to include Mr. Flemi g's
comments and refer them to the Planning Commission and encouraged Mr.
Flemming to provide the Planning Commission with a list of the parcels tha he
believes are being down zoned.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
PUBLIC HEARINGS
(16) COUNCIL ADOPTS RESOLUTION NO. 2008-47: APPROVING TENTAll VE
PARCEL MAP 33163
Mayor Hickman opened the public hearing at 7:51 p.m.
Community Development Director Preisendanz presented the staff report. j He
indicated the City Council approved Industrial Design Review No. 2005-03 wpich
allowed construction of three industrial buildings. He indicated the applica~t is
now proposing to subdivide the property. !
Mayor Hickman closed the public hearing at 7:53 p.m.
It was motioned by Councilman Buckley, and seconded by Councilman Schiffner
to waive further reading and adopt Resolution No. 2008-47, approving Tentative
Parcel Map No. 33163.
The following vote resulted:
AYES:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
5
Agenda litem No.4
Pag~ 10 of 17
_J_
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
(17) COUNCIL INTRODUCES ORDINANCE NO. 1253: APPROVING ZON NG
ORDINANCE TEXT AMENDMENT NO. 2008-02: ADDING CHAPTER 1 .26
"DENSITY BONUSES" TO THE LAKE ELSINORE MUNICIPAL CC DE
REGARDING THE ESTABLISHMENT OF DENSITY BONUSES AND OT~ ER
INCENTIVES LINKED TO AFFORDABLE HOUSING DEVELOPMENT.
CHILDCARE FACILITIES AND LAND DONATIONS
Mayor Hickman opened the public hearing at 7:54 p.m.
Community Development Director Preisendanz presented the staff report. He
stated this text amendment would establish density bonuses and other incen Ives
linked to eligible affordable senior housing development, child care facilities, ,and
land donations within the City of Lake Elsinore. !
i
Steve McCarty, Redevelopment Manager, address questions Council~an
Buckley had regarding the ordinance. !
i
Mayor Hickman requested testimony from the public. He inquired if there tNas
anyone wishing to speak in favor or against the item. !
There being none, Mayor Hickman closed the public hearing at 7:57 p.m.
It was motioned by Councilman Buckley, and seconded by Councilman Magee to
waive further reading and introduce Ordinance No. 1253 as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, ADDING
CHAPTER 17.26 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING DENSITY
BONUSES
The following Roll Call vote resulted:
AYES:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
6
Agenda Item NO.4
pa9i11 of 17
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
APPEAL{S)
(18) COUNCIL DENIES THE APPEAL OF THE PLANNING COMMISSION'S
DECISION TO DENY CONDITIONAL USE PERMIT 2006-17 AND MI OR
DESIGN REVIEW FOR THE PROJECT KNOWN AS THE "TERRY THIE EN
BOAT HOUSE !
Mayor Hickman opened the public hearing at 7:59 p.m.
i
Terry Thielen spoke in favor of his appeal of Planning Commission's decisioh to
deny his application on his application of a Conditional Use Permit related td his
proposed boat house. He indicated originally he was going to use the struc~ure
as boat storage and has decided to use this structure as a business luse
including consignment in boat and jet skis. I
I
Councilman Magee indicated the City cannot issue a building permit fqr a
structure that is inside the 100 year flood or issue a permit for an acces~ory
structure that has no primary use. He indicated to Mr. Thielen that if the use lhas
changed to a commercial operation, than that was a different application proc~ss;
however, the structure is still in a 100 year flood plan and Mr. Thielen's needs to
resolve the flood plan issue and therefore, cannot support Mr. Thiel~n's
application. I
,
Mr. Thielen indicated the Lakeshore Overlay District says he can build a~ove
1265 and inquired if the City has surveyed his pad. '
Councilman Magee responded his pad has been surveyed at 1259.
Councilman Schiffner proposed to deny the permit and stand by the Plan~ing
Commission's decision.
Mayor Hickman closed the public hearing at 8:09 p.m.
It was motioned by Councilman Schiffner, and seconded by Mayor Pro rem
Kelley to deny the appeal of the Planning Commission's decision to qeny
Conditional Use Permit No. 2006-17 and the Minor Design Review and uphold
the Planning Commission's decision to deny Conditional Use Permit No. 200$-17
7
,
Agenda.... I~em NO.4
pal 12 of 17
and the Minor Design Review for the proposed "boat house" located at 171937
Lakeshore Drive.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
BUSINESS ITEMS
(19) COUNCIL RECEIVES AND FILES STAFF REPORT ON RIDGESTql:!E
APARTMENT PROJECT STATUS
Public Works Director/City Engineer Semaulo presented the staff report. 1 He
stated as of today, Ridgestone Apartments has occupancy for 288 units whidh is
approximately 81 %. He stated currently the apartments are 41 % full with 1145
units occupied. He noted construction of the traffic signal that was required Ihas
begun; however, the project was given a stop work notice by the River~ide
County Code Enforcement because of violations related to their grading.! He
noted staff will be diligent in making sure they follow all conditions of apprpval
and all regulations in the construction of the signal. He indicated with regarp to
the drainage problem on Allen Street, staff had determined there were !two
reasons for the drainage problems; one being the surface water run-off ofl the
slope from the Fairfield Development related to the irrigation and the seqond
cause was the diversion from the CalTrans re-alignment of State Route 74. .
Lisa Matthews, resident, stated the trenching activity has begun. She tha~ked
the City employees, Planning & Engineering Departments and their efforts. She
noted what her and her husband thought were inaccuracies in the staff report.
Councilman Magee stated he continues to be disappointed by the Ridgestone
Company and their disregard for the local residents and businesses as wel!1 as
the City's codes and regulations. He stated they violated their conditions of their
State issued encroachment permit last week and exceeded the limits of their
grading, destroyed habitat, filled in natural drainage courses more than 50b ft.
away from the intersection. He stated this is a flagrant violation of State, County
8
Agenda ~tem NO.4
Pag~ 13 of 17
1
1
and Federal regulations and they need to be accountable for this. He u~ged
residents to be a little more patient. .
It was motioned by Councilman Magee, and seconded by Mayor Pro Tem K~lIey
to receive and file report.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
(20) COUNCIL ADOPTS RESOLUTION NO. 2008-48: ADOPTING FINDINGS TtfAT
THE ENTITLEMENTS ARE CONSISTENT WITH THE MSHCP: AND ADOI)TS
RESOLUTION NO. 2008-49' APPROVING RESIDENTIAL DESIGN REV EW
2007-11 FOR THE DESIGN AND CONSTRUCTION OF AN EIGHT UNIT
APARTMENT COMPLEX AND ASSOCIATED IMPROVEMENTS
Community Development Director Preisendanz presented the staff report. i He
stated the project is located at 222 & 226 Conklin Avenue. He reported! the
Planning Commission unanimously recommended City Council adoptio~ of
Findings of Consistency with the MSHCP and approval of the Design Review to
I
include changes noted in the Conditions of Approval. .
It was motioned by Councilman Buckley, and seconded by Mayor Pro tem
Kelley to waive further reading and adopt Resolution No. 2008-48, adoRting
findings that the entitlements are consistent with the Multiple Species Ha~itat
Conservation Plan (MSHCP). .
The following vote resulted:
AYES:
MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES:
NONE
9
Agenda ,tem NO.4
Pag~ 14 of 17
i
I
ABSENT: NONE
ABSTAIN: NONE
It was motioned by Councilman Buckley, and seconded by Councilman Mage~ to
waive further reading and adopt Resolution No. 2008-49, approving Reside~tial
Design Review No. 2007-11.
The following vote resulted:
AYES: MAYOR HICKMAN
MAYOR PRO TEM KELLEY
COUNCILMAN BUCKLEY
COUNCILMAN MAGEE
COUNCILMAN SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
PUBLIC COMMENTS
There were no comments from the public.
CITY MANAGER COMMENTS
City Manager Brady commented on the following:
1 )
The Lake Elsinore Valley Chamber of Commerce Business Mixer will be Iheld
April 24th at 5:30 - 7:30 p.m. at the Cultural Center; City hosted to celebrate, the
City's 120th birthday.
Farmer's Market, Thursday, April 24th, from 4-7:00 p.m. on Main Street and Peck.
Frontier Days Carnival, Friday, April 25th, from 4-7:00 p.m., Saturday, April ~6th,
from 10:00 a.m. to 10:00 p.m. and Sunday, April 2ih, from 10:00 a.m. to 7:00
p.m. at Alberhill Ranch Park off of Lake Street with free admission.
Lake Elsinore Cruz Day Car Show, April 26th, from 2-5:00 p.m. on Main Street.
2)
3)
4)
5)
The City of Lake Elsinore Parks & Recreation Trails and Master Plan meeting
being held at the Cultural Center, May 8th, at 7:00 p.m.
10
Agenda 'tem NO.4
Pa~e 15 of 17
J
6) 14th Annual Regional Abate Rally, May 9, 10 & 11th.
7) Encouraged all residents to shop locally for their goods and services.
CITY ATTORNEY COMMENTS
No comments.
CITY TREASURER COMMENTS
No comments.
CITY COUNCIL COMMENTS
Councilmember Schiffner commented on the following:
No comments.
Councilmember Magee commented on the following:
1) June 14th Day of Hope for mortgage assistance.
2) Sunday, April 2ih, Animal Friends of the Valley will be holding a fund raiser from
4:30 to 7:30 p.m. at the Diamond Club.
Councilmember Buckley commented on the following:
1) He stated during the discussion of the appeal he talked about 1265 outside of the
protection of the levy and noted a correction that it was actually 1267.
2) Animal Shelter is finally making progress with bids going out in May and
groundbreaking sometime in July.
Mayor Pro Tem Kelley commented on the following:
No comments.
Mayor Hickman commented on the following:
1) Thanked everyone for coming and watching on TV.
11
Agenda Item NO.4
Pagie 16 of 17
Mayor Hickman adjourned the meeting at 8:32 p.m.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M.MUNSON
CITY CLERK
Agenda Item NO.4
Pag:e 17 of 17
J
12
CITY OF ~~
LAKE \6,LSiNO~
-V DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: WARRANT LIST DATED APRIL 30,2008
Discussion
The warrant list is a listing of all general checks issued since the prior warrant list.
Recommendation
Authorize payment of Warrant List dated April 30, 2008.
Prepared By:
Crystal Robinson 11 fJ r---L ~
Account Specialist I v--v~
Reviewed By:
Matt N. Pressey c#.__ ~ Mf
Director of Adminis~ve Services
Approved By:
Robert A. Brady to fi\l,
City Manager .~
Agenda Item No. 5
Page 1 of 6
APRIL 30. 2008
CITY OF LAKE ELSINORE
WARRANT
SUMMAR Y
FUN D#
100 GENERAL FUND
-------_._--------~--_.._-- -----_._---.'.- '--.- - - ------...----------.--
102 L.L.E.B.G. PROGRAM FUND
104 TRAFFIC OFFENDER FUND
----- ---.--.-.----
105 MISC. GENERAL PROJECT FUND
_________ ______.__________ ____n__
110 STATE GAS TAX FUND
112 TRANSPORTATION/MEASURE A FUND
--.-"-.-.-.---,.
118 LAKE SIDE FACILITIES DIF FUND
-------
130 LIGHTING/LANDSCAPE MAINTENANCE FUND
______,.u __.. __ ____________
135 L.L.M.D. NO.1 FUND
------------.-" -~"---- --------.-....---
205 TRAFFIC IMPACT FEE FUND
u.____'_________
211 STORM DRAIN C.I.P. FUND
--.-.----.,---.-- -------------
221 PARK C.I.P. FUND
356 A.D. 90-1A DEBT SERVICE FUND
- '.---...-...------ ---,-_.--._--~----------
357 C.F.D. 2003-02 DEBT SERVICE FUND
------------------------------_._-~.-
362 C.F.D.95-1 1996-E DEBT SERVICE FUND
363 C.F.D. 88-3 III A/97 SERIES A DEBT SERVICE FUND
-.-.....-..--------- -------------..---.--..---..-.--
364 C.F.D. 88-3 III B/97 SERIES A DEBT SERVICE FUND
-..-"------.....----...------.-.----------
365 C.F.D. 98-1 SUMMERHILL IMPROVEMENT DEBT SERVICE FUND
-_._-",------'-'--'.._- ". .-. -..-_..__.~--,.._-_._- -. - .--------..-----------..--"."-
366 C.F.D. 2005-6 CITY CENTER TOWN HOMES DEBT SERVICE FUND
~--~-------_._-
367 C.F.D.2006-1 SUMMERL Y DEBT SERVICE FUND
368 C.F.D. 2006-2 VISCAYA DEBT SERVICE FUND
~---~~-----~------~-_._--_.._-_...__.-.-
369 C.F.D. 2004-3 ROSETTA CANYON DEBT SERVICE FUND
371 C.F.D. 2005-1 SERENITY DEBT SERVICE FUND
-_.__.__...._-~----
372 C.F.D. 2005-2 ALBERHILL RANCH DEBT SERVICE FUND
373 C.F.D. 2005-5 WASSON CANYON DEBT SERVICE FUND
_.__.-.._._---._---~-~--
374 C.F.D. 2005-4 LAKEVIEW VILLAS DEBT SERVICE FUND
--_._-~-~~
375 C.F.D. 2006-4 TR# 30698 & 32129 DEBT SERVICE FUND
---------.--
376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND
-~-----_...__._--_....._.
377 C.F.D. 2006-6 TESSERA DEBT SERVICE FUND
. ..-----..---.----..------.-------------.---.-.-----.---._---_.._--~-------_.._..__..__._.-..- ."--" --.. --. - -------
378 C.F.D. 2006-8 TR# 31957 RUNNING DEER DEBT SERVICE FUND
- .-..--.-_._....0. _ _ ____. ,,___.__._____..___._..__.__.,,_.___.________...._.______._____. _ _ ________..._.._._._~ ____..~.
381 C.F.D. 2006-10 RIVERLAKE VILLAS DEBT SERVICE FUND
------- -----_._-~-~~-----_.__.__.._-_._~------_._-----_. -..-
382 C.F.D 2006-9 TRIESTE DEBT SERVICE FUND
608 TRUST DEPOSITS & PREPAID EXPENSE
_._~----~'------------'--'---"-
620 COST RECOVERY SYSTEM
650 C.F.D.2003-1 LAW & FIRE DEBT SERVICE FUND
---~-----~---_._"
651 C.F.D. 2006-5 PARKS, O~EN ~PACES,_& STORMQ~~T SERVICE FUND
FUND DESCRIPTION
TOTAL
_____ $ 1 ,012,5?7~8~
1,892.70
_ _______19!4_5_~~
__ ____J~~..L~~~.55
_ ___ _ _____~~J103.13
46,477.01
3,952.30 _
7,222.21
515.30
- --.----r__._.~~
_________ 21,693.87
_______ 1 0,006.~~
_ _____~!~L~OO
676.20
1,065.90
250.00
. _ " .. __ __~________________~________"'_M_
675.00
-'--'----"--
765.98
-------- - - ---- --.------.-
4,107.82H
250.00
812.50
250.00
911.20
------------.-.-- ---_._.~-
250.00
------_.~----
432.65
.-----------
250.00
250.00
250.00
--~-
250.00
250.00
250.00
250.00
----_._--~~
250.00
-.-------. ._...----_._----,,-~--
1,000.00
48,189.93
250.00
250.00
GRAND TOTAL
$ 1,435,540.94
5/5/2008 Warrant 043008
1 of 1
Agenda Item NO.5
Page 2 of 6
__ .1._____
APRIL 30, 2008
CITY OF LAKE ELSINORE
W ARRANT LIST
AMOUNT
71.65
725.26
. _~,~63.00
________ .. ___ 1,60?Q9__
(521.65)
3,380.13
857.67
---_._-~--".._._----_.._-" _._--~
2,465.00
________ 4,166...99
. ?,06?-7i..
319.47
863.89
654.49
788.00
61.13
803.50
-,-_.__._--~._~----,----,~--
523.50
______ 7,500,-0.Q..
916.63
436.34
____...._m____
208.12
___2,640.58
248.00
----_.._-_...._,_._,.._-_...__._~------
1,159.62
.. t~,j 75.00
884.50
.____u...____
103.26
_15.!~~L3g_
1,19Q.QQ
123.17
235,509.00
2,619.69
1,000.00
157.24
491.00
1,995.00
18.00
3,251.42
_ ~,~Q9.0Q_
6,985.50
484.22
920.00
-- --.----------.-----
5,850.00
1,905.04
1,481.65
202.90
-_._---_....._~-_._--
______ ........ 7,~02...44
150.00
64.00
200.00
250.00
32.43
_______?.!~~~~4I.
CHECK#
94691 LO_V\lE'S HOME CENTERS,~f.
94692 __13~~ INSURANCE & FINAf'-JS:;IAL SERVICE, INc;.:. . . _____ .
94693 I.C.M.A. RETIREMENT TRUST
--- -- - - .. ------- --.-..--.--...-.-----------------------------------
94694 L1UNA LOCAL 777
_'._.__._..____.._____,___u...
95678 VOID-WEST COAST SERVICES
95686-95687 A & A JANITORIAL SERVICE
95688 A BETTER PARTY
~---_.- .--.- ---- .-_.__.~--,.._. ------------
95689 _j\E3.<::"'pARKING LOT MAINTE~,4.NCE, INC.
95690 ACTION PAR_K ALLIANCE, INC.
95691 ADVENTURES IN ADVERTISING
~~692 ALLlANT INSURANCE SERVICES, INC.
95693 ALLIED TRAFFIC EQUIPMENT
__n ___
95694 AMERICAN EXPRESS
--
95695 AMERICAN FORENSIC NURSES
95696 AMERICAN MATERIAL CO.
__...__m____~ m._'_____...__________
95697 AMERIMARK DIRECT
95698 ERICA ANDERSEN
95699 ANIMAL FRIENDS OF THE VALLEY
--".._-~-
95700 APPLE ONE EMPLOYMENT SERVICE
- -----.-----
95701 ARAMARK
----."...----".------
95702 ARTISAN GOLDSMITHS & AWARDS
95703 BV ENGINEERING
95704 BEN CLARK PUBLIC SAFETY TRAINING
___ -.--__..__0.__.-
95705 BIO-TOX LABORATORIES
___'__,_. _~.~.,___o_
95706 BMLA, INC._______. _______
95707 DEVON & RUTH BOND
95708 BUNDY CANYON TURF SUPPLY
-~----~
95709 BUREAU VERITAS NO'3.II::I~MERICA, INC.
95710 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE
. -"--.~'--------~-------'---
95711 CALOL YMPIC GLOVE & SAFETY CO.
~_._"--_.._,---- ---
95712____gAMBERN & CENTRAL INVESTORS, L.L.C.
95713 CANON FINANCIAL SERVICES, INC.
95714 CANYON LAKE W AKEBOARD CLUB
-~---_._- ------,-",-,".._,------._---------
_957~_ CANYON TIRE SALES, INC.
95716 CAVENAUGH & ASSOCIATES
----~._....._--
95717 CHERISHED MEMORIES PHOTOGRAPHY
_._--,---~---~._--_.._-----.._~-----,,~_.~- -------.-"._._--------~_.....,."
95718 CHEYENNE MANUFACTURING, INC.
957~9_______ CNH CAPITAL AMERICA, L.L.C.
95720 CODE PUBLISHING COMPANY
95721 RICHARD COLLINS
95722 __COOK EQUIPMENT OF ORANGE, INC.
95723 COPS FOR KIDS
95724 KIRT A. COURY
~____o__..o____o_
95?2~ CRAFCO, INC._._______.___..____.
95726 DAIGLE HOMES
--..,-.'_-0._____-
95727 DAPEER, ROSENBILT & LITVAK, L.L.P.
95728 DAVID HOGAN CONSULTING SERVICES
95729 SALLIE DAVIS
95730 DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT
__~___.__'O_..~__"________.__
95731 DEPUTY JUAN ESTRADA
_~__"_".O_'
95732 DEPUTY RICHARD BUTTS
95733 MEKKIA DE SANCHEZ
~-----..__..._--------
95734 DIAMOND DEVELOPMENT
VENDOR NAME
$
5/5/2008 Warrant 043008
1 OF 4
Agenda Item No. 5
Page 3 of 6
APRIL 30. 2008
CITY OF LAKE ELSINORE
WARRANT LIST
CHECK# VENDOR NAME AMOUNT
95735 DIAMOND _STADLLJ1'1~<?J3Ql,.JP,J...L.C._ ________________~57~_!~_
95736 ___----'2!~CO_llf'.JJ HAULING & CLEANUP SERVICE _ ______ _ J!gQO.OO
95737 DISH NETWORK 54.99
. - ..'---..-----------..----- --~-,-.. -" ---...-------- -- ------------------------------------
95738 DO IT CENTER 48.80
~--~.._-------_._--
~~!~~__. CAROLE K. DONAHO~,_J\,.J._<;E._____________ ______________ 4,474.65
95740 DOWNS COMMERCIAL FUELING, INC. 12,366.78
95741 DRESCO REPRQPUCI!QN, INC:_______n____~14.20
95742 _~LJ_NBAR TRUCKING. INC. ___ _______ 1,900.00
~5743-95746 E.V.M.w.D~~_ ______ 10,195.73
95747 E.D.C. SOUTHWEST RIVERSIDE COUNTY__________ 1,200.00
95748---.!=..:$:__BABCOCK & SONS, INC. 650.00
95749 EILEEN'S CLEANERS 861.50
. __...______________ ~_________ 'n'___ __~_.__.___________._.___.__________._____ . ."_ _______
95750_~~IIE ELEVATOR, INC. _________u____ __________ 185.00
95751__ELSlf\iORE ELECTRICAL SUPPLY, INC"---________ _____ m_____________ 3.76
~~_5_?.__ EMKA Y, INC. 898.58
_957~~___.ENFORCEMENT TECHNOLOGY, INC. ____________ n __n____ 102.49
95754 ESSCO LAKE ELSINORE 57.60
.-------- --
_9_~!5~_____ EXCEL LANDSCAPE, INC. __________________ 863.92
95756-95757 FEDERAL EXPRESS CORPORATION 344.99
--------- ---------------
95758 JACKIE FENAROLl 707.47
95759 FEB~US.Q!i GROLJt=>L!..:'-:.C. ______ _____ 7,357.89
95760 LOUIS FETHEROLF 474.03
___.____.________._ .n__.u.'_.._______
95!~L FIRST AMERICAN CORE LOGIC, INC. __ _. ___._ ____ n_______Jl!!:9JL
~5762_______fORECAST HOMES, INC.__________ _____ 628.13
95763 FRANKLIN COVEY 44.75
______.~_.,._._._ ____ ..n
95764 GOVERNMENT FINANCE OFFICERS ASSOCIATION 150.00
--- ------------...- --- ---.....--- ----------.--..-------
95765 THE GRAPHICS COMPANY 113.40
_______n....._"___~_~____ __~_~____~__.._ . ___._._~___
957_~~____ LORENA HANCOCK ______ .. .. ________9-'~!3.()Q_
~.?!~1:~~_:u_0 HARRIS & ASSOCIATES, INC. ____~____ ..__ _ 86,056.20_
il5771 HDR ENGINEERING, INC. _____u_ 4.219.75
95772 HEMET RUBBER STAMP & SIGN CO. 28.55
95773 HEWLETT PACKARD G..QME.~NY___ _______ 2,892.78
9~?!~_~__ HI-WAY SAFETY, INC. ___________________.1~~46&~__
95775 GRACIELA HINES 75.00
____,____~_____u__...,___...~ .... __ ,___...._
95776 HISTORICAL DOWNTOWN MERCHANTS ASSOCIATION 432.00
----_._..._._-_.~ -~--_._-_.__._-----
95777 HOLIDAY INN 649.00
____~ --.----.--------------------------.-.--------.'.0 ___.~__.________
95778 HUNTINGTON BEACH HONDA_ . 2,097.45
95779 DUNG HUYNH 36.00
- - ----_..------.-.~._-_._----_._.
95780 IDVILLE 31.49
-----_.~--_.._-_..-.. .. _..._----_._.----~-~---~~.~-----~
95781 IMPACT PROMOTIONAL_ PR9DUCTS _____~,40_~J7_
95782 INLAND EMPIRE LOCK & KEY 53.85
--_._._._-----_._,-_._-_._--_._-,_._._--_.~- -----.-.---.---.--
95783 INLAND URGENT CARE-WILDOMAR 76.00
-- ---_..__.._-----------~
95784 INTERNATIONAL ASSOCIATION CHIEF OF POLICE 120.00
_.._------------_.._~---~---- .--,----_.~_......._....
95785 DE JANDA 303.75
------.- .... ---.----..-.------. -----_._~------------~-------
95786 JOHN DEERE LANDSCAPES 970.42
_~________________..___.______~... _____m _..__._,...,___._.~.._
95787 STEVE KARVELOT 90.00
- -----------"._--~- ----_.__..,-_.._--~---_._--------_._--
95788 KAT:ti'(LgE_ER~VENT~____ ___1)4()8Jl.Q_
95789 KDM MERIDIAN 855.00
._._...._---..-----~..
95790 KEVIN WATERS ARCHITECT 115.84
- ..---- ---..-.----
95791 KIRSTEN KING 299.25
---------- --...----
95792 KLJ.ST9M SIGNALS______6~@():.~
95793 THE L.I.U. OF N.A. NATIONAL PENSION FUND _________________ 3,493.20
95794 LAKE CHEVROLET-PARADISE GROUP 37,902.00
5/5/2008 Warrant 043008
20F4
Agenda Item No. 5
Page 4 of 6
APRIL 30, 200B
CITY OF LAKE ELSINORE
WARRANT LIST
AMOUNT
114.83
4,332.99
_ ____~_~J~~9.00
117.00
,-,~-------_._--_.- - -----.----------
89.90
174.50
---_._-_.~,.__.__.~~
____~_~Q~~.O~
__3,195.00
70.27
________ ______ _~~25.00
_______ _ _ ____ 1,796.09_
__ ________~8,601.()0
554.74
6,835.00
1,498.ICL
__________~g&~].:OO
_ _____ __2,743.66
_ u______l,966.47
43.44
-- -- - ----- ---_._-_.._-----_..._--~._..__..._-- ._.__.__.~
_______________ _u_ 9,250.00
___________m____ __ _ _ __________tQ34.00
2!f?~()_.~()_
726.79
99.98
262.92
563.64
~-------_._._-----_._-_..._----- ". --~,,_.._,. --- .._'-- -",..._._-----_.~._._--------
155.40
- .-.---.-..-......
434.00
1,193.50
351.00
____.__~_____._._.._ _,_~_..__....__._._m__n______.__._
781.25
350.95
-------------
604.03
24.00
58.45
1,521.87
903.58
--
683.67
. - -.....--.....--.--.......-.... ,-....---- "....-------------
38,640.00
2,510.00
672.00
15.00
_____ __ 2,501.2_L
246.13
~-~-
23.50
640.00
__________ ____:L!~()~:.~L
21,318.59
__________________ _ _ _ ______ _..Q!831.~~_
351.00
295.38
93.75
___.!~10.6~_
CHECK# VENDOR NAME
95795 LAKE ELSINORE FLORIST & GIFTS
-------_.~----_._.__. --..-.-'--'---.-.--- ,-..- '.' - ----------------..-.-----.... -------.---.-.---
95796 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE
_.__._".~._...- -
95797 ____LAK~~IjQB.E:_ HOM~~ & DEVELOPMENT, IN_C___u_
95798 LEXIS NEXIS
--_.._._-----_.__._-~~-~--- -_._---------------~
95799____ __~lNtS!_!Nm~_COMMUNICA TIONS, INC.
95800 MADISON ENGINEERING
-------.-.-.....-
95801 THE MARK FISHER COMPANY
95802 SANDRA MASSA-LA VITT
---.-..--.------..----
95803 GEORGE MEARS
------_.~.._._.._--~------
95804 LINDA M. MILLER
95805 ALFRED MORAN
..-----------
95806 GARY MORRIS
----_.__.-------~-.--
95807 MORF~9_W_P_~UMBING, INC.
95808 MOTORHEAD INDUSTRIES
~~------
95809 NEAR-CAL CORPORATION
95810 NELSON P!WINGJf'J~_,---
95811 NEXTEL COMMUNICATIONS
~"---'-----
95812 NEXTEL COMMUNICATIONS
----- . -- -~._.__._-------
95813 OCB REPROGRAPHICS
~--~-----------------_._~.._---_._-_._-----_._._--------~------~-_._.__._-- -..-
958!4.___ OMNIS, INC.
95815 CURTIS & MELISSA PACE
95816 STEVEN PASCHAL
95817-95818 PETTY CASH
~---------_.-... - ,. ---- --.------.----.-.--..----
95819 PITNEY BOWES PURCHASE POWER
. ._.___.___~..~____________..M. .__._.....__. __' ___________~________ __ _._. _.___________.._._.____
95820 ~___EIJNEY BOWES, INC'___m ______
95821 PORT SUPPLY
--------_._-------~---
95822 PRE-PAID LEGA!:. S~BYJCE?..!_INC.
95823 PREMIUM PALOMAR MT. SPRING WATER
95824-95825 THE PRESS ENTERPRISE
95826 MATT PRESSEY
~_5827 _PRODUCTION VIDEO, INC.
95828-95829 PRUDENTIAL OVERALL SUPPLY
958~0______ _ PVP COMMUNICATIONS. INC.
95831 QUAID TEMECULA HARLEY DAVIDSON
---'-'--
95832 QUILL CORPORATION
_95833__ _ REGENCY ENGINEERING, L.L.C.
9.?!!~4._____ RIGHTW A Y SITE SERVICES, INC.
95835 REYNALDO RIVERA
~~'--'--' -~.,,------_.- -_._---~-------_._----._--._.--.__._--_._--_.-. .---------.-.-.-..-..-.,...
95836 COUNTY OF RIVERSIDE TRANSPORTATION & LAND MANAGEMENT
95837 COUNTY OF RIVERSIDE OFFICE OF THE AUDITOR-CONTROLLER
95838 COUNTY OF RIVERSIDE DEPT. OF ENVIRONMENTAL HEALTH
-_.~--~
95839 COUNTY OF RIVERSIDE OFFICE OF ASSESSOR
---.--...--...--.---
95840 COUNTY OF RIVERSIDE SHERIFF
---_.....-.~.- .... ,--..-- -. -_.,..-, ---- - - - _..-_._--_._-~----------_._---- - ----- ----.------------.-----------
95841 SAM & YOLLA RIZK
~--_.- ---_..-'-~
958.4.?_______ RMA, INC.
95843-95_~4.4__ ROBBINS PEST MANAGEMENT, INC.
95845 ELlSCO SANCHEZ
95846 SC ENGINEERING
--------.---...------..-----.-----
95847 .~COTT FAZEKAS & ASSOCIATES, INC.
95848 KEN SEUMALO
95849 SHERWIN-WILLIAMS CO.
95850 KATHLEEN SMITH
95851 DAVID S. SOLOMON
5/5/2008 Warrant 043008
30F4
Agenda Item No. 5
Page 5 of 6
APRIL 30. 2008
CITY OF LAKE ELSINORE
W ARRANT LIST
CHECK#
95852 SOUTHCOAST STRIPING
---~.._-----_.~.._~ -~~._~---~._----
95853-95857 SOUTHERN CALIFORNIA EDISON CO.
--~~.--_.__.__._._-"---- - -~~--~~,---,-----.._..
95858 SOUTHWEST HEAL THCARE SYSTEM
------_.__._._----------_.~._-------
95859 DANANJA SOYSA
________n___
95860 SPORTS PINS INTERNATIONAL
95861 SPRINT
-------_._----_.._-------,.,._--_.._----------~-----_.--
95862 SPRINT PCS/STARBRIDGE COMMUNICATIONS
---_._~..- - -------------
95863 STANDARD INSURANCE COMPANY
95864 STANDARD INSURANCE COMPANY
95865 STAPLES CREDIT PLAN
--------
95866 __:?!!"Lc;t1YVEAR, INC.
95867 T & M CONSTRUCTION
_._____..~_u___m__._~. ___._.._. _m_. .__.._..__.___...._____.._ ,,~,.__.
95868 TARGET SPECIALTY PRODUCTS
---------------
95869 TEAM AUIQ~lQ.J~_______~_~_u_~__~___
95870 TEMECULA MOTORCYCLE SALES & SERVICE
------ -----..,,-----
95871 TIME WARNER CABLE
___'_._'._ _..On
95872 TOWN & COUNTRY TOWING
95873 TWIN GRAPHICS
95874 UNION BANK OF CALIFORNIA
~- -~.._---_..._-_._-
95875 UNITED PARCEL SERVICE
---_.-----~--------_.._-----_.__.._--
95876 MONTON UTTABURANONT
~587_~_~__ VA CONSULTING, INC.
95878 VALLEY ELECTRIC
__'._m..__.....__.._...__,_. .... __._.w... ..~ __ _.__________'_______________
95879 VENUS PRINTING
95880-95882 VERIZON CALIFORNIA
_.____.____________.___~______.__._....u__.__.__.____ ___ ___~".~__.___.~_____._,_._...._._ _ _ _ ___M____._____.________
95883 VERIZON/MCI
95884 VISION SERVICE PLAN
95885 TOM VO JR.
-_._-----~--_. - ..
95886 TRUNG VU
-----_.._--_.._-~_._._-
95887 WAL-MART COMMUNITY
------~---,_._-_._---------
95888 WEST COAST SERVICES WINDOW CLEANING
-_.__._-~~-_._---_..- _ -----"-...-..-...-.......,--
95889 WILBUR-ELLIS COMPANY
_~5890___ WILDLANDS. INC.
95891 WOOLBRIGHT'S ROOFING, INC.
95892 WENDY WORTHEY
95893 ZONES CORPORATE SOLUTIONS
VENDOR NAME
AMOUNT
4~,51'L~
7,~~O.52 _
_______i.50Q~00
42.50
______.n.____.___
_ un_~~,03~I6_
160.00
.. ... -.--.-- ----------_.~_._---
. ..__ . ______ m n_ 1,QQ3.90_
289.53
___t:3,lQ?_.1~
219.65
-------
1 ,895.6~_
__J,161.00
1 ,625.84
785.76
248.88
57.07
65.00
958.75
. --.- --------.------
.. .______~,250.00
122.93
114.80
----,--.-.---.--
79.20
-------.----------...-
. . ______~.658.00
498.98
. - - __ - ____..___n_____
3,831.72
575.00
----------.--..------.....-----
...1)6_5~.?9__
558.75
36.00
----_._----~.. .. .. ---_..._-~-
~_________ ___~____n ._ __ .__ ._ __._ _ ... ..______u__~~~62. 70
450.00
717.62
16,880.~1
u~,~.QQ.OO
6,337.50
3,827.46
PIE DATE:
$ 1,009,383.27
04/17/08
-------..
04/25/08
04/25/08
--------
04/16/08
~._-----_._--
04/28/06
04/28/06
04/30/08
04/30/08
FLEX BENEFITS
PAYROLL CASH
PAYROLL TAXES
CALIFORNIA P.E.R.S.
CALIFORNIA P.E.R.S.
CALIFORNIA P.E.R.S.
--~--_._._--_.__.~---_._--_.--_.__._----_._.._-
CALIFORNIA P.E.R.S.
FLEX BENEFITS
2,013.84
150,968.29
59,642.08
52,176.48
4,355.58
.. _~_...__.____~__.___________.._n__.._..___..___...._.__.__ ~.___._.____._m_~_'_____.__ ...______ _.____._.m_.'u.___________ .____ ___ ._._.~.__._..."_...____.___..~_
104,328.87
....__ __.._._..._..~.. ~.______._.______.____.._____._ __ _..._ n_..____.u..._..__.___......_._.._._.....___".._..________..__.____._____.__.______
51,941.70
..~.______~___________~______~_____n__ - ----~~--~--~~i30.83
$
$ 1,435,540.94
GRAND TOTAL
5/5/2008 Warrant 043008
40F4
Agenda Item No.5
Page 6 of 6
CITY OF ~
LAKE ~ LsiNoFi
\. I ... ..
Y DREAM EtTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: CLAIM AGAINST THE CITY
Backaround
Claims filed against the City of Lake Elsinore are reviewed and handled by Carl Warren
& Company, Claims Administrators. When received, each claim is logged in the City
Clerk's Office and forwarded to this company for investigation. After initial review and
investigation, direction is issued to the City to take one of several actions such as
rejection, notification of late claim or reservation of action until further information is
obtained.
Discussion
The following claim has been recommended for rejection by Carl Warren & Company:
CL# 2008-5 - Robert Richardson
Fiscal Impact
None.
Recommendation
Reject the claim listed above and direct the City Clerk's Office to send a letter informing
the claimant of the decision.
Agenda Item No.6
Page 1 of 7
Claim Against the City
May 13, 2008
Page 2
Prepared by:
Jessica Guzman~
Office Specialist v~
Vivian Munso@
City Clerk
Robert A. Brady J1 Ml,
City Manager IW
Reviewed by:
Approved by:
Agenda Item No. 6
Page 2 of 7
~...
May 5, 2008
TO: The City of Lake Elisinore
RECEIVED
MAY 0 7 2008
CITy CL
€AKS OFFICE
ATTENTION: Jessica Guzman, Office of the City Clerk
RE: Claim
Claimant
D/Event
Rec'd Y IOffice
Our File
Robert Richardson v Lake Elsinore
Robert Richardson
01/25/08
01/28/08
1470039 DBQ
We have reviewed the above captioned claim and request that you take the action indicated
below:
· CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. If you have any
questions please contact the undersigned.
Very truly yours,
CARL WARREN & COMPANY
r)-\ I
/ !\ I \
/ I i.~ ,I, " /i (j
~i I }I 'i' I,' i "~-_'"
l. 1\"-'/
Deborah13een c
CARL WARREN & CO.
CLAIMS MANAGEMENT.CLAIMS ADJUSTERS
770 Placentia Avenue, Placentia, CA 92870-6832
Mail: P.O. Box25180.SantaAna,Ca 92799-5180
Phone: (714) 572-5200 . (800) 572-6900. Fax: (714) 961-8131
Agenda Item No. 6
Page 3 of 7
CITY OF ~
LAIQ': ,6,LSiNO~
~ DREAM EXTREME
January 28, 2008
Dwight Kunz
Carl Warren & Company
P.O. Box 25180
Santa Ana CA 92799-5180
Dear Mr. Kunz:
Enclosed for your handling is a claim received on January
28, 2008 from Robert Richardson (CL #2008-5). Please
keep me advised of appropriate City Council Action.
For further assistance, please contact me at (951) 674-3124
ext. 269.
JESS A GUZMAN, OFFICE
CITY OF LAKE ELSINORE
Enclosure
cc: City Manager
951.674.3124
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
WWW.LAKE-ELSINORE.ORG
Agenda Item No. 6
Page 4 of 7
CITY OF A +
LAKE DLSII10RI;
. ~ DREAM EXTREME.
..
CLAIM AGAINST THE CITY OF LAKE ELSINORE
(For Damages to Persons or Personal Property)
REe~,=t)
A dalrn must be flied wfIh City Clerk of the City of. EJsinore within
six (6) months after the incident 01' event occurred..Be:sure .your.claim is
against the City oflakeElsinOl8;not.lilllolher putilicently_Whele.spacels
inStilIicient; pleaseuseadditionaFpapet and idOOUryfnformation-by
paragraph number. Completed claims must be mm1ed or deliveled to the
City Clertc, City of Lake Elsinore, 130 South Main street. Lake Elsinore,
CA 92530.
JAN 2 8 2008
CITY CLERKS OFFICE
The undersigned respectfully submits the following claim and information relative to damage to persons alJdlor
personal property: -
1. Name of Claimant ~~;Z:T
.
a. Address of Claimant:
-b.
d. Social Security No
e. Drivers lic. No_
2. Naf!1e, post office address and telephone to which claimant desires notices to be sent, if other than
the above:
3. Occurrence or event frolT! which this claim arises:
a. Date: /- )5'- 03' . b. Time: h...' Dd /1/1)
c. Place (Exact and specific rocatio~) ./ r'Lf1J.- DC9< RK: gC/b"" /#ero<:s ~Wl
J. /
rr:tim \" h U "'{J' ~r-.s
d. HoW many and under what circumstances did damage or injury occur? Specify the particular
occurrences, event, act or omission you claim caused the injury or damage (use additional
paper if necessary). / L~J?f)tF /0/1",/ F t'1;tJu 1 i7cl L 7 Li01fifr4<e:-h,v
o III skce . /If./ dol )!: .r, - r.. ;z::. /)s. :v -' / C '.'.0 ~ E E e,) . 'j,}/ c:
I/;ll/'7 ,.fi;- p~I-4{)/c J9./d ,Dupclu~~ .4 ),~/; I ~ /11/ (z) /;;.~ /.,rc;
e. What particular action by the city of its employees, caused the alleged damage or injury?
N()+ p~'fJ~'7 /11.4/;.;IA;;V;''O ;:;/tdct~/d{ h-;'"Lr ,
Agenda Item No. 6
Page 5 of 7
4. Were there any injuries at the time of this accident? If not. state ANa Injuries.-
-
j'\I(YVc
5. Give the name{s) ofthe public empJoyee{s) causing the injury. damage, or loss, if known.
tVfiNF
6. Name and address of any person injured:
MI^" z:=
7. Name and address of the owner of any damaged property:
r '.\
1?dG',z/ j!{Ch/l~cI~
8. Damages claimed:
a. Amount claimed ~ of thiS date: $ '-j 0; :II
b. Estimated amount of future costs: $
c. Total amount clai{ned: $ 7 7~ !.l
d. Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, etc.):
tiC ec=pj.1C~/I)CMl("1~'J'1- &/' ~J &;,,,,,.;- jrJ?c
9. Names and ad9resses of aU witnesses. hospital, doctors. ete:
. a (1l &}Ve
b.
c.
10. Any additional inform~tion that might be helpful in cons~dering this claim:
Pct.;.Jr1 ;tbiUZ' ) ~.t-'f/~ A~-I (C;JIJI!I?",,&'/,:::u '~/h;' /4(--5 iI-PEE';
,.-vCC:;:!S' ,.~ 6~ ~ -~ mE / -, /~ 'A.- OOt}iZ ~,,-<-~~ ;;00 ~ ';~ c.- /1;1- j?/1';;'t'
/ ~ 2't..j. '-;/"IOC .1j,-f do F5,1-/ h/'?lc'<J /l3/lliJ.
II rei t S t-1....) P- _ /1 I"
Warning: It is a criminal offense to file a false claim! (Penal Code 7211nsurance Code 556.1)
I have read the matters and statements made in the above claim and I know the same to be true of my
own knowledge, ~xcept as to those matters state upon information or beJief as to !,Iuch matters. I believe
the same to be true. (certify under penalty of perjury that the foregoing is true and correct
zM~
. .' Clal ant's ignature
/-7~-O[)
Date
Agenda Item No. 6
Page 6 of 7
DISCOUNT TIRE CENTER
28007 JEFFERSON AVE. SUITE E
TEMECULA, CALIFORNIA. 92590-2859
Phone - 951~694-5722 Fax - 951-699-4620
INVOICE
141980
BAR# AK218511
EPA# CAL000225115
INVOICE
Print Date: 01/25/2008
RICHARDSON, ROBERT
1995 Mazda - MX-6
2.0L, In-Line4, VIN (C)
Lic #: 20J5840 Odometer In:
Unit# :
Vin# :
Hat# :
Labor Description Extended
MOUNT AND BALANCE ONE TIRE 10.99
-remove old tire
-computer spin balance new tire
-mount one tire
TECH
VERIFIED BY
TIRE PRESSURE
Cust 10 : 42888 Ref# :
Part Description / Number Qty Sale Extended
205/60/14 SUMITOMO
2056014 ~~.' .. 1.00 47.95 47.95
LIFE OF TIRE SERVICE
AGREEMENT
serv.agreement 1.00 8.95 8.95
VALVE STEM
stm 1.00 2.99 2.99
TIRE DISPOSAL FEE
tiredispose 1.00 3.00 3.00
CALIFORNIA STATE TIRE TAX
tiretax 1.00 1.75 1.75
[ Technicians: F,LEIGH ]
Org. Estimate $79.81
Revisions $0.00
Current Estimate $ 79.81
Additional Cost Revised Estimate Labor:
Parts:
Sublet:
10.99
64.64
0.00
Sub: 15.63
Tax: 4.18
Total: 79.81
Sal Due: $0.00
Ask about our extended warranty on tires & alignments
Warranty on parts and labor is 90 days or 3,000 miles whichever is fIrst. Warranty work has to be performed in our shop & cannot exceed
the original cost of repair. We recommend on all tire purchases that the tires be rotated and balanced every 5000 miles and the alignment and
suspension be checked every 5,000 miles. All parts are new unless otherwise notated. Customers responsibility to return to retorque lug nuts
on all Aluminum Wheels after 500 miles. ALL SALES ARE FINAL!!
SIGNATURE..................... ... ... ............ ... .......... ............. ..... ... ..... .......... .........
Wrillen By; M. SHANE Page 1 of 1
[ Payments - Visa - $79.81 I
Date........ ................................. Time.. .......................
Agendac1ta~9NQ.h6 1 Invo;c1
Page 7 of 7
CITY OF ~
LAKE ,6,LSiI10~
V DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
May 13, 2008
SUBJECT: NOTICE OF COMPLETION FOR SUNSWEPT DRIVE AND DIJON
STREET IMPROVEMENTS
Backaround
At the regularly scheduled meeting on January 22, 2008, the City Council awarded a
construction contract to NPG Inc. for improvements to Sunswept Drive at Lincoln Street
and Dijon Street at Washington Avenue. As described in the January 22nd staff report,
the Sunswept Drive connection was originally constructed as a single lane emergency
access but is regularly used as a two way street. Staff recommended that the roadway
segment be widened to two-way access. Dijon Street was a one-way connector road
between Washington and Versailles Streets. In response to complaints of traffic going
the wrong way, Staff investigated the situation and recommended the roadway be
reconfigured as a two way access.
Discussion
Construction on these projects began in February of 2008 and work was completed at
the end of March 2008. The contractor's original bid was $62,226 and the total project
including inspection, testing and administration totaled $69,079. NPG Inc. completed
the work on March 24,2008, to the City's satisfaction.
Fiscal Impact
Total project budget approval by City Council on January 22, 2008, was $75,000.
Funding source for this project was Fund 605, Cash-in-Lieu of construction. The total
project expenditures ended at $69,079.45. The project was completed within budget.
Agenda Item No. 7
Page 1 of 4
Sunswept/Dijon Notice of Completion
May 13, 2008
Page 2
Recommendation
Authorize the Mayor to execute the Notice of Completion and allow the City Clerk to file
the Notice of Completion with the County of Riverside Recorder's Office.
Prepared by:
David S. Solomon p~
Project Engineer
Ken A. Seumalo ("l'i
Director of Public Works
Robert A. Brady n rJl
City Manager J~ qJ.J
Approved by:
Agenda Item No. 7
Page 2 of 4
VICINITY MAP
SUNSWEPT DRIVE/DIJON STREET
STREET IMPROVEMENTS
.--1: ~ I
~ ~cr ~I PAlENCIA ffT
~ .--1 ~~l l'-T17ST4 PIEIP
~'\-- ~-
&
D / '-~.~ ~ }....
pIPER . ~VlI -'....~. /
}~!:!? (;$ / ~<
~ ~AA 'y
'0, \
~~~ '-.
"..& ",:0-1'
'<:0 ......... I
.0 '{ D ~ ' <:'--t- !
,} <f>.! I
::,,~ ..J ..-4
~ ~/ 11... \ /r~~\,\.J
~ 1,1 "'" " i' " tCq/jl
r.... 0 );f ,.~ ~c
-~ g{~, J' ~(~
I ~f)- r-- f ~O<t- /1
MESQ,./ I I ~,~Y /' ,+/1
~# \1' \ " ~v.
~CKERCt~A~~Y ~ ~m~~ -"_
".~~~~!-\\'\l ~ r., _.._~ ~ J!!!l.SAILLE~!..!._'7/
/ :*-")/ . \ ';> t::l t-:l ' h ~ /'
I ~~ / \ \.. f<l ~ hi t-:l u..RRITZ S!_ ~I
/ ~I /~ ~'~-1'k..:'1 ~~; ~ ~f
I L GoLh, # . r;t; ~ :s i :s ETIEN^:~~~ &,/'-,
! "'~N~ '4 ~ ~l 0 '$;' "-
. . . . . . . ."mwrh. ____.. . : ....,. ~;;. '-" L1NCOLN';;E"' /
~ --....:;: ~ ~ I,A~
, '\. '<9~ CAMP .........., 1'(~-1'A>.
-----.., ,~ r()'-~" Wy ~"/, ,,~<:
MONTY C :...' '<1> ~", 7'- "'z~
~ N LAK~~/ ~ 1$.-~~?!!!!22E~~,T ~/ 'Y~c '"
t:>1 j 1tl:1 '" ~<:
..~.... ~ --{ ('''',~ '\~~'-J~ ~~y:~~ '
i~-?'+~ "-~ /) & ~"~ <. )(..
MAGNO IA!.,L.J fICVS Sf .~O<J. ~ <J<f'.;'s ^~& ~~ .~
,J>?> ""tf/ ~~ "~,'
.1 ), I "'''~?>
,
~l
~
::.:
~f_CT
~ t---
I
\
SPRUCE ST
..r"
.#.--/
~/
'\~~.r -_/
"'~~4)SSOM U
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~
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,
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CITY COUNCIL
Agenda Item No. 7
Page 3 of 4
W'
.
. . . . . . . . .
The publishers recommend that the user should consult a lawyer before using this form.
.
.
.
,..-
RECORDING REQUESTED BY
mIll FORM 288
City of Lake Elsinore
AND WHEN RECORDED MAIL TO
City Clerk
City of Lake Elsinore
(Name)
130 S. Main Street
(Street Address)
Lake Elsinore, CA 92530
(City, State and Zip)
Sunswept/ Dijon
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER of the interest or estate below in the property hereinafter described.
2. The FULL NAME of the undersigned is City of Lake Elsinore
3. The FULL ADDRESS of the undersigned is 130 S. Main Street, Lake Elsinore, CA 92530
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee.
Road Right-of-Way - Sunswept Drive/ Dijon Road
(If Other Than Fee, Strike "In Fee" and Insert, For Example, "Purchaser Under Contract of Purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with
the undersigned as CO-OWNERS are:
NAMES ADDRESS
N/A
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred
subsequent to the commencement of the work or improvement herein referred to:
NAMES ADDRESS
N/A
9,
10.
7. A work of improvement on the property hereinafter described was COMPLETED on (date)
8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvef"\'\ent is
N.P.G. Inc. Perris, CA 92572 '
N / A (If no Contractor, Insert "None")
The street address of said property is
The property on which said work of improvement was completed is in the City of Lake Elsinore
County of Riverside , State of California, and is described as follows:
3/24/2008
(Signature of Owner Named in Paragraph 2)
Daryl Hickman, Mayor
VERIFICATION
I, the undersigned, say:
I am, the Director of Public Works
("President of", "Partner of", "Agent of", etc.)
owner of the aforesaid interest in the property described above;
I have read the foregoing notice and know the contents thereof, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury under the Laws of the State of California that the foregoing is true and correct.
Executed on , 20 - at
, California.
Agenda Item No. 7
PaQe 4 of 4
(Place Where Signed)
(Personal Signature)
CITY OF ~~
LAKE ,6,LSiNORJ;
V DREAM EXTREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: CONSTRUCTION OF NEW DECK AND RAMP AT CHAMBER OF
COMMERCE BUILDING
Backaround
The 2007 - 2008 Capital Improvement Program Budget (CIP) identified the
replacement of the deck and ramp located at the Chamber of Commerce building.
Over the years, the City's maintenance staff has made the necessary repairs, and the
structure has reached a condition that it needs to be replaced.
Discussion
The new replacement deck and ramp will be built from stronger, more weather
resistant, and longer lasting materials. The new deck and ramp will be constructed with
precision block around the perimeter and will be finished with a concrete surface. ADA
complaint handrails will be installed and the entire deck and ramp will meet ADA
specifications. This new concrete deck and ramp will be an upgrade from the existing
wooden structure and will be an asset to the City's Chamber of Commerce Building for
years to come. The Chamber of Commerce Building will remain open and functional
during the construction period.
Based on the City's purchasing guidelines an informal bids process can be utilized for
construction projects under $100,000. Staff contacted four local contractors to submit
informal bids for the demolition and construction of a new deck and ramp located at the
Chamber of Commerce building. Two bids were received and two contractors declined
to submit bids.
After the bids were received, staff noticed the french doors on the south side of the
building would need to be removed and replaced with a solid wall in order to install the
deck and ramp as designed. City staff conferred with Chamber staff and agreed that
removing french doors was necessary and acceptable. The contractor with the lowest
bid was contacted and included this additional work in his bid and remained the lowest
bidder. Lakeshore Homes & Development was the lowest responsible bidder. Staff
recommends the selection of Lakeshore Homes & Development for this project.
Agenda Item No. 8
Page 1 of 5
Construction of deck and ramp at Chamber of Commerce building.
Page 2 of 2
List of bidding contractors and bids
ment, Inc.
$30,990.00
$31,125.00
Did not submit Bid
Declined to Bid
At this time, it is unknown whether there will be any additional costs related to areas in
need of repair on the Chamber of Commerce Building underneath the existing deck and
ramp. The extent of this work and cost cannot be identified until the existing deck and
ramp is removed, at which time it can be inspected. Based on this unknown, a ten
percent (10%) contingency ($3,000) is being included in the purchase order.
Fiscal Impact
Funds have been included in the CIP budget for this project.
Recommendation
Authorize the City Manager to process a purchase order in the amount of $33,990 to
Lakeshore Homes & Development for the construction of the new deck and ramp at the
Chamber of Commerce Building.
Prepared by:
Jess Culpeper
Parks superviso~
Ray Gonzales ~
Director of Parks and Recreation
Robert A. Bradyf\~
City Manager ~
Approved by:
Approved by:
Agenda Item No. 8
Page 2 of 5
May 06 08 01:41p
951-471-8245
p.1
Lakeshore Homes & Development, Inc.
PO BOX 1485. Lake Elsinore, Ca 92531 951-471-3621 - fax 951-471-8245
PROPOSAL revised
City of Lake Elsinore
521 N. Langstaff
Lake Elsinore, CA 92530
Attn: Jess Culpepper
May 5, 2008
Re: Chamber of Commerce Building
Scope of Work: ADA Compliant Walkway
Work Requested .
. Contractor to pull all necessary building permits from City.
. All plans and specifications to be verified and approved by City BUilding &
Safety Department before beginning construction.
. Contractor to receive inspections from building department as needed.
. Remove existing wood ADA ramps, decking, iron railing & landscape as
needed.
. Construct new 8x8x16 cinder block ramp ways and retaining walls per
drawing supplied by City.
. Footing size to be based on Standard City Footing and Wall
Specificatio n s.
. All rebarto be #4 as per Standard City Footing Wall Specifications.
. Grout all cells on retaining walls.
. Backfill & compact wall and ramp areas using DG base. Compaction to be
90% minimum.
. Install 4" concrete walkways & landing per drawing supplied by City.
. Handicap walkway to have bumper curb on outer walk paths as required.
. Install brown and finish stucco coat on exterior wall facings, color to be
determined by City.
. Install 2 rail round powder coated ADA railing, approx. 110 lineal feet on
outer walk paths and single powder coated railing, approx. 30 Hneal feet
on inter walk paths.
. Install 3rd railing with skateboard stops on top. This rail is not to interfere
with ADA hand railing.
. .Install iron gate(s) @ bottom of walkway to close off ramp area during non
business hours.
. Remove existing French doors and trim on rear of building, frame in
opening to match existing framing.
Agenda Item No. 8
Page 3 of 5
May 06 08 01:41p
951-471-8245
p.2
· InstaH exterior siding to match existing as close as possible, and make
paint ready.
· Insulate wall opening.
· Drywall interior, tape and make paint ready.
· All work to be done during normal business hours.
lake~hore Homes & Development, Inc. hereby Proposes to supply all materials
and labor to complete work as agreed. While caution and care will be used to
preserve existing landscaping Contractor assumes no responsibility for damaged
landscaping, unseen or buried electrical, plumbing, or irrigation. Contractor to c0-
ordinate with Public Works Department on location of any underground utilities
before beginning construction on this project AU work: to be done in a timely
fashion. Approx. time for completion of work to be14 working days.
Total $30,990.00
Sincerely,
lakeshore Homes & Development, Inc.
~~/-
Jay H attaba ug h General Contractor Ucense #8722890 City of Lake Elsinore Ucense 11-'12706
Agenda Item No. 8
Page 4 of 5
Ha~ 02 2008 2:26PM HP LASERJET FAX
p. 1
PROPOSAL
P " K.fAbrication
28751 ~BN Hwy 74
Lake Elsinore, CA 92532
License # 701997
Date: 5/2/08
. Dandkfab<&gmail.com
Office: (951) 245-1159
Fax: (951) 24~1699---
Proposal To: City Of Lake 8s1nore
Attention: Bill
Phone: (951) 453...9411
Fax: (951) 471...1251
.
. . "Train Station"
Refit of ramp + landings, demo and remove existing footing for 8" block,
rebar + fill all cells set for walk, landings, ramps + 1 set of steps. Pour +
light broom finish. Block left bare face, core drill + install guardrail and
~ndrail as shown (Q) ramps + landings. Mat I1h round tube revised per
conversation with Clty Inspector. All finished paint by others. Add 112" round
balls tD top of handrail for antt-skate boarder per BIll @ 30" on center line
approx. Add 1 gate @ bottom of ramp per Bill.
Note: Bill I can't put a gate on steps without a proper landing area and I
don't think those anti-skate balls will pass code.
Note: If engineered and stamped drawings are required, these will be at
additional cost ! .
. ACCEPTED BY:
TOTAL $ 31,125.00
AUTHORIZED BY:"'--~
. empa)
Pis. provide approval signature and fax back to (951)245-1699
Aoenda IterDJ~.Q.~'_8
Page 5 of 5
CITY OF ~
LAIZE ,6,LSiNO~
~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: AWARD OF CONTRACT - DUST CONTROL APPLICATOR FOR DIRT
ROADS
Backaround
The City's dirt street maintenance program includes an application of magnesium
chloride for dust control. The existing agreement for the application of magnesium
chloride recently expired. Therefore, staff solicited for bids to retain a contractor for the
application of magnesium chloride.
Discussion
The sealed bid opening was held at City Hall on Monday May 5,2008, at 2:00 p.m. The
scope of work includes the application of magnesium chloride on dirt road surfaces
located within the City limits of Lake Elsinore. Staff wishes to award a contract for one
year, renewable in one year increments by the City Manager, not to exceed three years.
Fiscal Impact
Two contractors submitted bids. The bid results were as follows:
$76,000 - South Western Sealcoating Inc.
$99,800 - So Cal Sandbags
Gas Tax and Measure "A" funding is allocated to account number 112-0000-463-20-20
DSMP for dirt road maintenance.
Agenda Item No.9
Page 1 of 12
Award of Contract - Dust Control for Dirt Roads
May 13, 2008
Page 2
Recommendation
Staff recommends that the Mayor and City Council authorize the City Manager to
execute a contract agreement with South Western Seal Coating Inc. to provide dust
control services for City dirt roads.
Prepared by:
Ken Seumalo
Director of Public Works
Robert A. BradynMl
City Manager ~
Approved by:
Agenda Item NO.9
Page 2 of 12
SERVICES CONTRACT
This Services Contract (the "Contract") is made and entered into as of the _
day of , 200_, by and between the City of Lake Elsinore, a
municipal corporation ("City") and _SDa/.I4/S~f;,.h4 SL:rk~.'I.I~ r"e.
("Contractor").
RECITALS
A. Contractor is specially trained, experienced and competent to perform the
special services which will be required by this Contract.
B. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Contract on the terms and
conditions described herein.
C. City desires to retain Contractor to render the services and related work as set
forth in this Contract.
AGREEMENT
1. Scope of Services.
a. Contractor shall perform the services described on Exhibit A which is
attached hereto and incorporated herein by reference. Contractor shall provide said
services at the time, place, and in the manner specified in Exhibit A, subject to the
direction of the City through its staff that it may provide from time to time and in such
manner as to minimize inconvenience and potential hazards to the City and the public.
b. Contractor shall furnish all necessary tools, equipment and vehicles at
Contractor's sole expense.
c. Contractor shall provide the City with at least two (2) contact telephone
numbers that can be called by City when emergency maintenance conditions occur.
Contractor shall provide a maximum of one-hour personnel response time upon
notification.
d. Contractor shall require each of its employees and subcontractors to
adhere to basic PUBLIC WORKS standards of working attire which shall include basic
uniforms, proper shoes and other equipment and gear as is required by State of
California workplace safety regulations. Shirts shall be worn at all times, buttoned and
tucked in.
e. Contractor shall display the organization or firm name on all of its
vehicles. Such display shall be legible from a distance to one-hundred (100) feet.
8
Agenda Item No. 9
Page 3 of 12
2. Time of Performance. The services of Contractor are to commence upon
execution of this Contract and shall continue for a period of one year and may be
extended for two consecutive one-year extensions upon the approval of the City
Manager, subject to the review of the City Council.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
with the Schedule of Charges set forth in Exhibit B, which is attached hereto and
incorporated herein by reference. Payment by City under this Contract 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 submit monthly billings to City describing
the work performed during the preceding month. 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 30 days after approval of the
monthly invoice by City staff.
5. Extra Work. At any time during the term of this Contract, City requests that
Contractor perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary but which the parties did not reasonably anticipate
would be necessary at the execution of this Contract. Contractor shall not perform, nor
be compensated for, Extra Work without written authorization from the City Manager or
his/her designee unless such work is verbally requested in conjunction with an
emergency maintenance request. Extra work will be invoiced separately from services
performed in accordance with the Scope of Services.
6. Termination. This Contract may be terminated by the City or Contractor for
cause upon thirty (30) days' written notice of termination. This contract may be
terminated by the City without cause upon sixty (60) days written notice of termination.
Upon termination, Contractor shall be entitled to compensation for services performed
up to the effective date of termination.
7. Reserved.
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 Contract.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Contract 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
Contract.
9
Agenda Item NO.9
Page 4 of 12
c. Any records or documents required to be maintained pursuant to this
Contract 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
Contractor's address indicated for receipt of notices in this Contract.
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. Contractor shall
obtain no rights to retirement benefits or other benefits which accrue to City's
employees, and Contractor hereby expressly waives any claim it may have to any such
rights.
10. Interests of Contractor. Contractor (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 Contract 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 Contract.
11. Abilitv of Contractor. City has relied upon the experience and training of
Contractor to perform the services hereunder as a material inducement to enter into this
Contract. Contractor shall therefore provide properly skilled personnel to perform all
services under this Contract. All work performed by Contractor under this Contract shall
be in accordance with applicable legal requirements and shall meet the standard of
quality ordinarily to be expected of competent contractor in Contractor's field of
expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its
profession to comply with all applicable federal, state and local laws, codes, ordinances
and regulations.
10
Agenda Item NO.9
Page 5 of 12
13. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally
required of Contractor. 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 Contract, any licenses, permits, insurance and approvals which are legally required
of Contractor, including but not limited to, a City business license.
14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees,
and agents free and harmless from any liability whatsoever, including wrongful death,
based or asserted upon act or omission of the Contractor, its employees,
subcontractors, and agents relating to or in anyway connected with the accomplishment
of the work or performance of service under this Agreement. As part of the foregoing
indemnity, the Contractor agrees to protect and defend at Contractor's own expense,
including attorney fees, the City, its offices, agents, and employees in any legal action
based upon any such alleged acts or omission.
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coveraqe. 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 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.
ii. General Liability Coveraqe. 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 Contract or the general aggregate limit shall be at least twice the required
occurrence limit.
Hi. Automobile Liability Coveraqe. 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 Contract, 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.
11
Agenda Item No. 9
Page 6 of 12
iv. Contractual Liabilitv Coveraqe. Contractor shall maintain
contractual liability insurance for protection against claims alleging negligent acts, errors
or omissions which may arise from Contractor's operations under this Contract, whether
such operations by the Contractor or by its employees or subcontractors. 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 AVII and shall
be endorsed with the following specific language:
i The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with respect to liability
arising out of work performed by or on behalf of the 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.
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, unless such insurance, endorsements and/or certificates are otherwise
waived by the Director of Administrative Services. Certificates of such insurance shall
be filed with the City on or before commencement of performance of this Contract.
12
Agenda Item NO.9
Page 7 of 12
Current certification of insurance shall be kept on file with the City at all times during the
term of this Contract.
16. Notices. Any notice required to be given under this Contract 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
.5.",~1 (JJ.lI~~~ SL~~D~~H/ z:;,~.
Attn: ik>hA C~CJ I-e4
p~ g<,~ /~'d
/HLJ~~I'&~ C"..A'. 9;L>~Y
17. Entire Contract. This Contract constitutes the complete and exclusive statement
of Contract between the City and Contractor. All prior written and oral communications,
including correspondence, drafts, memoranda, and representations, are superseded in
total by this Contract.
If to Contractor:
18. Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
19. Assiqnment and Subcontractinq. The parties recognize that a substantial
inducement to City for entering into this Contract is the reputation, experience and
competence of Contractor and the subcontractors listed in Exhibit D. 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 Contract 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 Contract except as provided in
Exhibit 0 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 Contract shall create any contractual relationship
between City and any subcontractor nor shall it create any obligation on the part of the
City to payor to see to the payment of any monies due to any such subcontractor other
than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Contract shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Contract.
13
Agenda Item No. 9
Page 8 of 12
21. Severability. If any term or portion of this Contract is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Contract shall continue in full force and effect.
22. Controllinq Law Venue. This Contract and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this
Contract shall be held exclusively in a state court in the County of Riverside.
23. Litiqation Expenses and Attorneys' Fees. If either party to this Contract
commences any legal action against the other party arising out of this Contract, 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 Contract through mediation prior to commencing litigation.
The parties shall mutually agree upon the mediator and share the costs of mediation
equally. It the parties are unable to agree upon a mediator, the dispute shall be
submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall
provide the parties with the names of five qualified mediators. Each party shall have
the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after
mediation, either party may commence litigation.
25. Execution. This Contract 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 Contract, it shall not be necessary to produce or account for more than
one such counterpart.
26. Authority to Enter Contract. Contractor has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Contract. Each party
warrants that the individuals who have signed this Contract have the legal power, right,
and authority to make this Contract and to bind each respective party.
27. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to
rescind this Contract without liability. For the term of this Contract, no member, officer
or employee of City, during the term of his or her service with City, shall have any shall
have any financial or other person interest, direct or indirect, in this Contract, or obtain
any present or anticipated benefit arising therefrom.
14
Agenda Item No. 9
Page 9 of 12
28. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Contractor shall also comply with all
relevant provisions of City's Minority Business Enterprise program, Affirmative Action
Plan or other related programs or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF the parties have caused this Contract to be executed
on the date first written above.
CITY OF LAKE ELSINORE:
CONTRACTOR:
'~
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
15
Agenda Item No. 9
Page 10 of 12
Exhibit "A"
Scope of Wark
1. The general items of work to be done consists of the application of Magnesium
Chloride on existing dirt streets located within the city limits of the City of Lake
Elsinore.
2. Prep existing dirt roads by applying water prior to
application of Magnesium Chloride.
3 Application rate of Magnesium Chloride is to be one half (1/2) gallon per square
yard. The product will not be diluted with water. The mix will contain a minimum
concentration of 30% concentration
Streets to receive application of magnesium chloride are as follows:
Street Section Center Line Mileage
Ave 5 from Mill north to past property line at end 0.1
Baker Street from Riverside to Pierce 1.3
Bastron Street from Strickland just past animal shelter 0.1
Baum from Strickland to Chaney 0.2
Bennett Street from Turnbull to Debrask 0.1
Bromley Street from Gunnerson to Baker 0.4
Bromley Street from La Shell to. Gunnerson 0.2
Calkins from Baum to Miller 0.3
Canyon Street from Palm to Hill Champion Street around to Morton 0.4
Cowell Street from Ryan to Lakeview around to asphalt 0.2
Debrask Street from Gunnerson to Bromley 0.2
Debrask Street from La Shell to Gunnerson 0.2
Denny Street from Reid around house 0.1
Driscol Street from Morton to Hill 0.1
Elm Street from end of asphalt south of Lakeshore to end 0.2
Foster Street from Strickland to past last home 0.2
Fulmor Street from Pinnell to end 0.1
Heald Street from Wilson to Benedict 0.2
Herbert Street from Lakeshore to end 0.1
Hill Street from Chaney to Champion 0.2
La Shell Street from Pinnell to Mc bride 0.2
Lucerne Street from Lakeshore to end 0.2
Macy Street from Grand to end 0.1
Miller Street from Strickland to Palm 0.2
Morton Street from Chaney to Calkins 0.3
Morton Street from Lakeshore to end 0.1
Mountain View Street from Mcburney to Ryan 0.3
Nichols Road from end of asphalt to Terra Cotta 0.6
Agenda Item NO.9
Page 11 of 12
Palm Street from Strickland to Sumner 0.4
Pierce Street from Nichols to past Baker to end 0.3
Pinnell Street from Gunnerson north past Fulmor to end 0.4
Reid Street from Richard to Strickland 0.3
Richard Street from Illinois to Reid 0.1
Ryan Street from Wilson to just past Ryan 0.1
Terra Cotta from asphalt to Nichols 0.7
Turnbull Street from Gunnerson to Baker 0.3
Total Mileage 9.5
Agenda Item No. 9
Page 12 of 12
CITY OF ,~
LAKJ: .6,LSiI1()Rl:
Y DREAM EXTREME
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
BARBARA LEIBOLD
CITY ATTORNEY
DATE:
MAY 13, 2008
SUBJECT: SETTLEMENT AGREEMENT WITH MSA ENTERPRISES, INC. (BEST
WESTERN HOTEL)
Backaround
In 2003, the City Council approved the basic terms of a proposed Public Infrastructure
Reimbursement Agreement for improvements related to the Best Western Hotel project.
Despite ongoing discussions between the parties, the proposed Agreement was never
finalized and executed. In June 2007, the City Council authorized a proposed
settlement of the threatened litigation arising out of the proposed Public Infrastructure
Reimbursement Agreement. However, the settlement was not completed.
On January 8, 2008, the Patels/MSA and their new legal counsel met with City Manager
Brady and City Attorney Leibold. Following closed session discussions on January 22,
2008, the City requested Patels/MSA to submit documentation evidencing the actual
costs of the improvements associated with the Best Western Hotel project.
On March 13, 2008, the City received the requested documentation and has confirmed
the costs of the reimbursable improvements. Additionally, the Patels/MSA have filed a
claim with the City under the Tort Claims Act.
Discussion
The attached Settlement Agreement provides for the reimbursement of up to
$1,000,000 for certain improvements consistent with the parties' original negotiations
with respect to the Public Infrastructure Reimbursement Agreement. The
reimbursement will be specifically contingent upon the hotel's generation of transient
occupancy taxes ("TOT"). The reimbursement will be paid on an annual basis for up to
15 years. For the first $100,000 in TOT, an amount equal to 60% will be reimbursed to
the developer. A reimbursement amount of 40% will be calculated for TOT above
$100,000. The maximum reimbursement over the 15 year term is $1,000,000.
Agenda Item No. 10
Page 1 of 23
Settlement Agreement With Msa Enterprises, Inc (Best Western Hotel)
May 13, 2008
Page 2
Fiscal Impact
The settlement will require payment of $1,000,000 over 15 years. However, such
amounts will be completely offset by the project's generation of TOT.
Recommendation
It is recommended that the Mayor and City Council approve attached Settlement
Agreement and authorize the Mayor to execute the Agreement along with any ancillary
documents, subject to any minor modifications as may be approved by the City
Attorney.
Prepared by:
Barbara Zeid Leibold
City Attorney
Approved by:
Robert A. Brady(l ~
City Manager JIt3W
Agenda Item No. 10
Page 2 of 23
SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT (this "Agreement") is dated for identification
purposes only as of May 13, 2008, by and between MSA ENTERPRISES, INC., a
California corporation (the "Developer") and the CITY OF LAKE ELSINORE, a municipal
corporation (the "City"), with reference to the following facts. Developer and City are
collectively referred to as the "Parties."
RECITALS
This Agreement is made with reference to the following facts which are a
substantive part hereof:
A. Developer is the fee owner of certain real property comprised of
approximately 2.86 acres located between Casino Drive and Mission Trail in the City and
which is more particularly described as Assessor's Parcel Nos. 363-172-004 and 363-172-
020 (the "Land"). The Land is depicted on the Site Map which is attached hereto as Exhibit
"A" and incorporated herein.
B. On April 15, 2003, the City Council of the City of Lake Elsinore conceptually
approved a Public Infrastructure Reimbursement Agreement with Developer to reimburse
certain costs in order to stimulate and make economically feasible the Developer's
proposal to develop and operate a Best Western Hotel consisting of seventy-one (71)
rooms in a three-story interior corridor hotel on the Land and such ancillary uses as are
reasonably related and connected thereto (the "Hotel") and the public improvements
associated therewith required as a condition of approval (the "Improvements") of the
development of the Hotel.
C. Approval of the Public Infrastructure Reimbursement Agreement represented
the City's desires to encourage the development and operation of a Best Western Hotel in
order to satisfy an unmet need in the community for hotel facilities to serve City residents,
guests and visitors as well as to generate significant economic benefits to the City,
including, without limitation, job creation, generation of increased transient occupancy
taxes and property taxes, tourism attraction and spin-off increase in customers to local
businesses, and increased name recognition and status for the City to improve business
attraction of other similar businesses.
D. The Hotel was complete and commenced operating in June 2007. Despite
ongoing discussions between the Parties, the Public Infrastructure Reimbursement
Agreement was never finalized and executed. These circumstances and the
misunderstandings between the Parties led the Developer to file a claim against the City on
March _ 2008 (the "Claim").
E. In recognition of the substantial public benefits created by the satisfactory
completion of the Hotel and the Improvements (collectively, the "Project"), the City finds
that the purpose and intent of the April 2003 approval remain valid and in an effort to settle
all disputes and avoid litigation herein agrees to provide the Developer with the
reimbursement described provided that the Developer operates the Hotel or otherwise
causes the Hotel to be open and operating during each year in which this Agreement is in
effect and all of the other terms and conditions of this Agreement are met.
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NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the Developer and the City hereby agree as follows:
1.0 DEFINITIONS. Capitalized terms used herein and not otherwise defined shall have
the meanings set forth below:
IIAgreement Containing Covenants Affecting Real Property" shall mean the
document in the form of Exhibit "B" attached hereto and incorporated herein which shall be
recorded against the Land in the Official Records of Riverside County, California.
IICity Manager" shall mean the City Manager of the City or his/her designee.
IICity Reimbursement Amount" shall mean an amount equal to the percentage of
the Transient Occupancy Revenues specified in Section 5.4 hereof for the applicable
Operating Year.
IICommencement Date of Operation" shall m~an July 1,2007.
IIDisputes" shall mean all disputes between City and Developer relating to or
arising out of the disputed Public Infrastructure Reimbursement Agreement and such
related matters, including but not limited to the Claim.
IIGovernmental Requirements" shall mean all laws, ordinances, statutes, codes,
rules, regulations, orders and decrees of the United States, the State of California, the
County of Riverside, the City or any other political subdivision in which the Land is located,
and any other political subdivision, agency, or instrumentality exercising jurisdiction over
the City, the Developer, the Land, or the Hotel, including without limitation, any applicable
(i) labor standards pursuant to California Labor Code S 1720, et seq., requiring the
payment of prevailing wage, maintenance of payroll records in accordance with California
Labor Code SS 1776 and 1812, and employment of apprentices in accordance with Labor
Code S 1777.5; (ii) environmental laws including without limitation Sections 25115, 25117,
25122.7 or 25140 of the California Health & Safety Code, Division 20, Chapter 6.5
(Hazardous Waste Control Law)), Section 25316 of the California Health and Safety Code,
Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act),
Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), Section 25281 of the
California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances), and Article 9 or Article 11 of Title 22 of the California Code of
Regulations, Division 4, Chapter 20, (iii) City zoning and development standards, building,
plumbing, mechanical and electrical codes, and all other provisions of the City Municipal
Code, and (iv) disabled and handicapped access requirements, including without limitation
the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code
Section 4450, et seq., and Government Code Section 11135, et seq..
IIHote/" shall mean a Best Western Hotel including seventy-one (71) rooms in a
three-story interior corridor hotel and such ancillary uses as are reasonably related and
connected to the hotel to be developed and operated by the Developer on the Land in
accordance with the applicable regulatory approvals and the terms and conditions hereof.
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"Improvements" shall mean the public infrastructure improvements that have been
completed by the Developer in connection with the development of the Hotel.
"Initial Term" is defined in Section 4 of this Agreement and Section 6 of the
Agreement Containing Covenants Affecting Real Property (Exhibit "8").
"Operating Year" shall mean each annual period commencing on the
Commencement Date of Operation and terminating on each anniversary thereof.
"Optional Extensions" is defined in Section 4 of this Agreement and Section 6 of
the Agreement Containing Covenants Affecting Real Property (Exhibit "8").
"Project" shall mean the development of the Hotel and the Improvements.
"Transient Occupancy Tax Revenues" shall mean the taxes levied by and paid to
the City on the privilege of occupying a room or rooms in the Hotel pursuant to Chapter
3.24 of the Lake Elsinore Municipal Code and the provisions of Section 7280, et seq of the
Revenue and Taxation Code of the State of California, as amended, or its equivalent.
Transient Occupancy Tax Revenues shall be determined based upon returns filed
pursuant to Section 3.24.070 of the Lake Elsinore Municipal Code by the Developer with
respect to hotel operations conducted on the Land in accordance herewith certified by the
Developer to be true and correct and such other information as may be reasonably
requested by the City Manager.
2.0 CONSTRUCTION OF PROJECT.
2.1 Developer's Construction of the Hotel. The Developer's development of the
Hotel has been undertaken as a private activity.
2.2 Developer's Construction of the Improvements. The Developer has
completed the construction of the Improvements in accordance with all City permits and
approvals.
2.3 Public Works. The Developer acknowledges and agrees that the
construction of the Improvements constitutes a public work under applicable State law.
Developer further acknowledges and agrees and expressly assumes all risks that the
reimbursement provisions of this Agreement trigger a determination that prevailing wage
requirements apply to the development of the Project as a whole, including the Hotel.
3.0 COVENANTS AND RESTRICTIONS.
For so long as the City has an obligation to pay Developer any portion of the City
Reimbursement Amount, the Developer covenants and agrees to comply in all material
respects with all applicable Governmental Requirements affecting the Land, the Hotel and
the Improvements and all of the terms and conditions ofthis Agreement. The City and the
Developer intend that certain covenants with respect to the use, maintenance and
operation of the Land and the Hotel be covenants running with the Land and that
Developer shall immediately upon issuance of the Certificate of Occupancy by the City for
the Hotel execute and deliver to the City the "Agreement Containing Covenants Affecting
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Real Property" (Exhibit "B") to be recorded by City in the Official Records of Riverside
County, California.
4.0 TERM.
4.1 Initial Term. The term of this Agreement shall commence upon execution
hereof by City and Developer and shall cease on the first anniversary of the
Commencement Date of Operation (the "Initial Term"), unless otherwise extended by the
Developer pursuant to Section 4.2 of this Agreement.
4.2 Optional Extensions. Provided that the Developer is not then in default of this
Agreement or the Agreement Containing Covenants Affecting Real Property after notice
and the expiration of any applicable cure periods, the Developer shall have fourteen (14)
consecutive annual options to extend the Initial Term for one (1) year each (individually, an
"Optional Extension" and, collectively, the "Optional Extensions"). The Initial Term together
with any and all of the Optional Extensions exercised by the Developer in accordance
herewith is hereinafter referred to as the "Term". Developer shall exercise each of the
Optional Extensions by giving written notice to the City, not more than ninety (90) days and
no less than thirty (30) days prior to the expiration of the then current Term. If the
Developer fails to timely exercise any of the Optional Extensions in accordance herewith,
then all subsequently exercisable Optional Extensions shall be voidable by City and of no
further force or effect following written notice thereof by City to Developer and failure by
Developer to exercise such Optional Extension within fifteen (15) business days of such
notice.
5.0 PAYMENT OF CITY REIMBURSEMENT AMOUNT TO DEVELOPER.
5.1 City Reimbursement Amount. In consideration of resolving the Disputes,
Developer's substantial initial costs associated with development and use of the Land in
compliance with this Agreement and the Developer's obligations hereunder, the City shall
pay to the Developer, subject to the satisfaction of the conditions precedent set forth in
Section 5.2 and in accordance with the calculations set forth in Section 5.4 of this
Agreement, the City Reimbursement Amount up to a cumulative total not to exceed One
Million Dollars ($1,000,000.00); provided, however, that the foregoing is not and shall not
be construed to be a pledge of Transient Occupancy Tax Revenues or any other general
fund revenue, and is merely a means of computing the consideration for the obligations of
the Developer hereunder.
5.2 Conditions Precedent.
(a) Initial Term. The City's obligation to pay any portion of the City
Reimbursement Amount to the Developer during the Initial Term shall be subject to the
following conditions precedent (i) continuous operation of the Hotel in full compliance with
the terms and provisions of this Agreement and the Agreement Containing Covenants
Affecting Real Property; and (ii) there shall exist no condition, event or act which would
constitute a Default hereunder or which, upon giving notice or the passage of time would
constitute a Default.
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(b) Optional Extension(s). The City's obligation to pay any portion of the
City Reimbursement Amount to the Developer during any Optional Extension shall be
subject to the following; (i) Developer shall be in full compliance with all conditions
precedent set forth in subparagraph (a) hereinabove and all representations and warranties
of the Developer shall remain true and correct; (ii) the Developer shall have provided the
written notice to the City exercising the Optional Extension(s) in accordance with Section
4.4 of this Agreement.
5.3 No Acceleration. It is acknowledged by the parties that any payments by the
City provided for herein may only be paid in those periods in which the Developer fully
performs all of Developer's obligations and the City receives the significant public benefits
pursuant to this Agreement. Therefore, the failure of the City to make any payments during
the Initial Term or any of the Optional Extensions shall not cause the acceleration of any
future payments by the City to the Developer beyond the date of such default.
5.4 Payment of the City Reimbursement to the Developer. The City
Reimbursement Amount shall be paid by the City to the Developer in annual installments
within ninety (90) days after the end of the each Operating Year corresponding to the Initial
Term and/or each Optional Extension until the first to occur of (i) the payment of One
Million Dollars ($1,000,000.00) to the Developer, (ii) the end ofthe fifteenth (15) year after
the Commencement Date of Operation; or (iii) termination of this Agreement resulting from
Developer's election not to exercise Optional Extensions or Developer's Default hereunder.
Provided Developer is otherwise in compliance with the terms hereof, payments shall be
made to the Developer in the following amounts:
(a) An amount equal to 60% of the Transient Occupancy Tax Revenues
up to One Hundred Thousand Dollars ($100,000.00) generated during the Operating Year;
plus
(b) An amount equal to 40% of the Transient Occupancy Tax Revenues in
excess of One Hundred Thousand Dollars ($100,000.00) generated during the Operating
Year.
By way of example, if the Transient Occupancy Tax Revenues generated by
the operation of the Hotel on the Land in an Operating Year was One Hundred Fifty
Thousand Dollars ($150,000.00), then the City would pay the Developer:
(a) Sixty Thousand Dollars ($60,000.00) which is the amount equal to
60% of the Transient Occupancy Tax Revenues up to One Hundred Thousand Dollars
($100,000.00); plus
(b) Twenty Thousand Dollars ($20,000.00) which is the amount equal to
40% of the Transient Occupancy Tax Revenues in excess of One Hundred Thousand
Dollars ($100,000.00). The total assistance paid by the City for that Operating Year would
be Eighty Thousand Dollars ($80,000.00).
5.5 Maximum Cumulative Reimbursement Amount. Notwithstanding the
foregoing, the City shall not be required to make an annual installment payment ofthe City
Reimbursement Amount to the extent that such payment would (i) result in the cumulative
of all of the City payments under this Agreement to exceed One Million Dollars
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($1,000,000), or (ii) extend beyond the fifteenth (15th) anniversary of the Commencement
Date of Operations.
5.6 Discontinuance of Operations. In the event the Developer permanently
discontinues operation ofthe Hotel, the Developer shall forfeit all future rights to payments
accruing hereunder after the year in which such discontinuance occurs. In such event, the
amount of the payment under Section 5.4 above for the Operating Year in which such
discontinuance occurs shall be calculated based upon the Transient Occupancy Tax
Revenues up to the date that such operations were permanently discontinued. Operations
shall be deemed to be permanently discontinued upon a declaration to that effect by the
Developer or by the Developer ceasing operations for a period of twelve (12) consecutive
months.
6.0 INDEMNITY AND INSURANCE
6.1 Indemnitv
To the fullest extent permitted by law, the Developer shall defend, indemnify,
assume all responsibility for, and hold the City, and its officers, employees, agents and
representatives, harmless from any and all losses, damages, liabilities, claims, causes of
action, judgments, settlements, court costs, reasonable attorneys' fees, and other legal
expenses, and other expenses which they may suffer or incur relating to the subject matter
of this Agreement or the approval or implementation thereof and for any damages to
property or injuries to persons, including accidental death, which may be caused by any of
the Developer's activities under this Agreement, including without limitation (i) Developer's
failure to comply with all applicable Governmental Requirements in connection with the
development, construction and/or operation of the Project, including, without limitation, the
prevailing wage requirements of Labor Code 9 1720; (ii) defects in the design of the
Project, the Project plans or drawings, and for defects in any structural or other work
performed by or on behalf of Developer including (without limitation) the violation of any
Governmental Regulations, and for defects in any work done according to the City
approved plans; and (iii) the breach of any term or condition of this Agreement or the
Agreement Containing Covenants Affecting Real Property, whether such activities or
performance thereof be by the Developer or by anyone directly or indirectly employed or
contracted with by the Developer and whether such damage shall accrue or be discovered
before or after termination of this Agreement. The Developer shall not be liable for
property damage or bodily injury occasioned by the sole intentional act or the sole
negligence of the City or its officers, employees, agents and representatives.
6.2 Release
Except for the rights and obligations set forth in this Agreement, each Party,
on behalf of itself, and its officers, directors, parents, subsidiaries, affiliates, executors,
administrators, assigns, agents, servants, employees, representatives, predecessors and
successors ("related parties"), hereby release and discharges the other Party and its
related parties from all rights, controversies, claims, causes, covenants, suits, actions,
demands, liabilities and obligations, which it and/or its related parties now have, have had,
may have or may have had against the other and/or its related parties, stemming from their
differences and rights arising out of or relating to the Disputes. Each Party hereby agrees
and recognizes that this Agreement fully and finally settles and forever resolves the
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Disputes which it has, may have, have had or may have had against the other Party and/or
its related parties.
6.3 Compromises of Disputed Claims
This Agreement is a compromise of the Disputes, and shall neither be treated
nor construed as an admission of liability by any party to this Agreement, for any purpose,
or as a concession by any party hereto that any of the contentions of any adverse party are
accurate, true or meritorious.
6.4 Insurance
Without limiting or diminishing the Developer's obligation to indemnify or hold the
City harmless, the Developer shall procure and maintain or cause to be maintained, at its
sole cost and expense the following insurance coverages during the Term of this
Agreement.
(a) Commercial General Liability. Developer shall maintain throughout the
Term Commercial General Liability Insurance, including but not limited to, premises liability,
contractual liability, products and completed operations, explosion, collapse, use of cranes,
and other heavy equipment and underground hazards, personal and advertising injury
covering claims which may arise from or out of Developer's performance of its obligations
under this Agreement, under a standard ISO-CGL form with an edition date of 1985 or
earlier, with a combined single limit of one million dollars per occurrence and a two million
dollar aggregate. Coverage to be provided by insurers admitted/authorized to do business
in the state of California and approved by the City. Defense coverage must be in addition
to policy limits. If umbrella coverage is used it must include drop down coverage if
underlying coverage does not apply, and the umbrella policy must have the same starting
and ending date as the primary policy. Developer agrees to provide evidence of insurance
by certificates or copies of policies. The certificates or copies of policies shall contain a
statement of obligations on the part of the carrier to notify City of any material change,
cancellation or termination at least thirty (30) days in advance of the effective date. City
must approve any exclusions to the policies added by endorsement. Liability insurance to
be endorsed to add City as an additional insured using standard ISO additional insured
endorsement No. CG 20 10 with an edition date of 1990 or earlier. Coverage provided to
City by this insurance is not to be restricted in any way. All coverage and limits available
under Developer's insurance will apply to City regardless of any minimums set forth here.
Coverage will not be limited to the City's vicarious liability.
(b) Hotel Insurance. Developer shall maintain hotel insurance
commencing upon the Commencement Date of Operations and continuing throughout the
Term. Such policy for hotel insurance shall include such coverage and in such amounts
consistent with industry standards for hotel operations similar to the Hotel.
(c) Vehicle Liabilitv. Developer shall maintain liability insurance for all
owned, non-owned or hired vehicles in an amount not less than $1 ,000,000 per occurrence
combined single limit. If such insurance contains a general aggregate limit, it shall apply
separately to this Agreement or be no less than two (2) times the occurrence limit as
described above. Policy shall name by endorsement the City, its special districts, their
respective directors, officers, elected officials, employees, agents or representatives as
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Additional Insureds.
(d) Worker's Compensation Insurance. Developer shall maintain
Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of
California.
(e) Property Insurance. Prior to commencement, during the course of
construction, and following completion of construction, fire and hazard "all risk" (special
hazards) insurance covering 100% of the replacement cost of the Hotel in the event of fire,
lightning, windstorm, vandalism, malicious mischief and all other risks normally covered by
"all risk" coverage policies in the area where the Land is located (including loss by flood if
the Land is in an area designated as subject to the danger of flood).
(f) General Provisions. All insurance coverage required here to apply on
a primary non-contributing basis in relation to any insurance or self-insurance available or
applicable to City. Developer agrees to require contractors and subcontractors or any
other party involved in the Project by Developer to carry the same insurance as required
here. Any failure, actual or alleged, on the part of City to monitor compliance with these
requirements will not be deemed as a waiver of any rights on the part of City. City has no
additional obligations by virtue of requiring the insurance set forth herein.
7.0 DEFAULTS AND REMEDIES
7.1 Default Remedies. Subject to the extensions of time set forth in Section
10.18 of this Agreement, failure by either party to perform any action or covenant required
by this Agreement or to comply with any provision of this Agreement within the time periods
provided herein following notice and failure to cure as described hereafter, constitutes a
"Default" under this Agreement. A party claiming a Default shall give written notice of
Default to the other party specifying the alleged Default with copies of such notice delivered
by claimant as required by Section 9.0. Except as otherwise expressly provided in this
Agreement, the claimant shall not institute any proceeding against any other party on or
before thirty (30) days from the date of the notice of Default, and the other party shall not
be in Default if such party within thirty (30) days from the date of such notice cures such
default, or if such default is not reasonably capable of being cured within such time period,
immediately and with due diligence commences to cure, correct or remedy such failure or
delay and completes such cure, correction or remedy promptly and with due diligence.
Upon Default by either party hereto, the non-defaulting party may terminate this Agreement
by delivery in accordance with the requirements of Section 8.0 of written notice of
termination to the party in Default and may proceed with any other legal or equitable
remedies available under the law.
7.2 Institution of Leqal Actions. In addition to any other rights or remedies and
subject to the restrictions otherwise set forth in this Agreement, either party may institute
an action at law or equity to seek specific performance of the terms of this Agreement, or to
cure, correct or remedy any Default, to recover damages for any Default, or to obtain any
other remedy consistent with the purpose of this Agreement. Such legal actions must be
instituted in the Superior Court of the County of Riverside, State of California, in an
appropriate municipal court in that county, or in the United States District Court for the
Southern District of California. The Developer knowingly acknowledges and agrees that it
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shall not be entitled to recover actual or consequential damages of whatever kind or nature
for any Default of the City hereunder.
7.3 Acceptance of Service of Process. In the event that any legal action is
commenced by the Developer against the City, service of process on the City shall be
made by personal service upon the City Clerk of the City or in such other manner as may
be provided by law. In the event that any legal action is commenced by the City against
the Developer, service of process on the Developer shall be made in the manner as may
be provided by law.
7.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
8.0 ASSIGNMENT: SUCCESSORS AND ASSIGNS.
8.1 Assiqnment by Developer. For so long as the Developer shall be entitled to
receive payment from the City pursuant hereto, the Developer may only assign its rights
under this Agreement to a person or entity in which Developer or an entity controlled by the
Developer has no less than a fifty percent (50%) beneficial ownership interest, provided
that (1) the prior written consent of the City Manager shall be required for each such
assignment; (2) in connection with such assignment and effective upon transfer of fee title,
the Developer shall assign, release and transfer to such person or entity all rights of the
Developer to receive consideration under this Agreement; (3) effective upon the transfer of
fee title such person or entity shall expressly and personally assume the obligations of the
Developer hereunder; and (4) that such assignment is made pursuant to an agreement
reasonably acceptable to the City Manager. The City's consent to any request for
assignment of the Developer's rights under this Agreement shall not be unreasonably
withheld. Any intended assignment without prior approval by the City Manager shall be null
and void and shall constitute a Default by Developer hereunder.
8.2 Assianment by City. The City may assign or transfer any of its respective
rights or obligations under this Agreement with the approval of the Developer, which
approval shall not be unreasonably withheld.
9.0 NOTICES. All notices shall be given in writing by personal delivery by a reputable
overnight courier service, certified mail, postage prepaid and return receipt requested.
Notices shall be addressed as follows:
If to the City:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attention: City Manager
With Copy to:
Barbara Zeid Leibold
City Attorney
Leibold McClendon & Mann, P.C.
23422 Mill Creek Drive, Suite 105
Laguna Hills, California 92653
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If to Developer:
Mukesh Patel
82297 Indio Boulevard
Indio, CA 92201
Any notice given by mail shall be deemed given three days after mailing. All other notices
shall be deemed given on the date of delivery, if a business day, and on the first business
day thereafter, if the date of delivery is not a business day.
10.0 GENERAL PROVISIONS.
10.1 Successors and Assiqns. All of the terms, covenants and conditions of this
Agreement shall be binding upon the Developer and its permitted successors and assigns.
10.2 Conflicts of Interest. No member, official or employee of the City shall have
any personal interest, direct or indirect, in this Agreement, nor shall any such member,
official or employee participate in any decision relating to the Agreement which affects his
personal interests or the interests of any corporation, partnership or association in which he
is directly or indirectly interested.
10.3 Relationship Between City and Developer. It is hereby acknowledged that
the relationship between the City and the Developer is not that of a partnership or joint
venture and that the City and the Developer shall not be deemed or construed for any
purpose to be the agent of the other. Accordingly, except as expressly provided herein or
in the Exhibits hereto, the City shall have no rights, powers, duties or obligations with
respect to the development, operation, maintenance or management of the Hotel. The
Developer agrees to indemnify, hold harmless and defend the City from any claim made
against the City arising from a claimed relationship of partnership or joint venture between
the City and the Developer with respect to the development, operation, maintenance or
management of the Land, the Hotel or the Improvements.
10.4 Counterparts. This Agreement may be signed in multiple counterparts
which, when signed by all parties, shall constitute a binding agreement. This Agreement is
executed in two originals, each of which is deemed to be an original.
10.5 Inteqration. This Agreement contains the entire understanding between the
parties relating to the transaction contemplated by this Agreement. All prior or
contemporaneous agreements, understandings, representations and statements, oral or
written are merged in this Agreement and shall be of no further force or effect. Each party
is entering this Agreement based solely upon the representations set forth herein and upon
each party's own independent investigation of any and all facts such party deems material.
This Agreement includes pages 1 through 14 and Exhibits A and B, which constitute the
entire understanding and agreement of the parties, notwithstanding any previous
negotiations or agreements between the parties or their predecessors in interest with
respect to all or any part of the subject matter hereof.
10.6 Attorneys' Fees. In any action between the parties to interpret, enforce,
reform, modify, rescind, or otherwise in connection with any of the terms or provisions of
this Agreement, the prevailing party in the action shall be entitled, in addition to damages,
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injunctive relief, or any other relief to which it might be entitled, reasonable costs and
expenses including, without limitation, litigation costs and reasonable attorneys' fees.
10.7 Titles and Captions. Titles and captions are for convenience of reference
only and do not define, describe or limit the scope or the intent of this Agreement or of any
of its terms. Reference to section numbers are to sections in this Agreement, unless
expressly stated otherwise.
10.8 Interpretation. As used in this Agreement, masculine, feminine or neuter
gender and the singular or plural number shall each be deemed to include the others
where and when the context so dictates. The word "including" shall be construed as if
followed by the words "without limitation." This Agreement shall be interpreted as though
prepared jointly by both parties.
10.9 No Waiver. A waiver by either party of a breach of any of the covenants,
conditions or agreements under this Agreement to be performed by the other party shall
not be construed as a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions of this Agreement.
10.10 Modifications. Any alteration, change or modification of orto this Agreement,
in order to become effective, shall be made in writing and executed by the City and the
Developer.
10.11 Severabilitv. If any term, provision, condition or covenant of this Agreement
or its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the application of the term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it
is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to
the fullest extent permitted by law.
10.12 Computation of Time. The time in which any act is to be done under this
Agreement is computed by excluding the first day, and including the last day, unless the
last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term
"holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California
Government Code. If any act is to be done by a particular time during a day, that time shall
be Pacific Time Zone time.
10.13 LeQal Advice. Each party represents and warrants to the other the following:
they have carefully read this Agreement, and in signing this Agreement, they do so with full
knowledge of any right which they may have; they have received independent legal advice
from their respective legal counsel as to the matters set forth in this Agreement, or have
knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement;
and, they have freely signed this Agreement without any reliance upon any agreement,
promise, statement or representation by or on behalf of the other party, or their respective
agents, employees, or attorneys, except as specifically set forth in this Agreement, and
without duress or coercion, whether economic or otherwise.
10.14 Time of Essence. Time is expressly made of the essence with respect to the
performance by the City and the Developer of each and every obligation and condition of
this Agreement.
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10.15 Cooperation. Each party agrees to cooperate with the other in this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
including, but not limited to, releases or additional agreements.
10.16 Non-Liability of Officials and Employees of the City and the Developer. No
member, official or employee of the City shall be personally liable to the Developer, or any
successor in interest, in the event of any default or breach by the City or for any amount
which may become due to the Developer or its successors, or on any obligations under the
terms of this Agreement.
10.17 Administration. This Agreement shall be administered by the City Manager.
The City shall maintain authority of this Agreement through the City Manager. The City
Manager shall have the authority to issue interpretations, waive provisions and enter into
amendments of this Agreementon behalf ofthe City so long as such actions do not add to
the costs of the City as specified herein as agreed to by the City Council. Notwithstanding
the foregoing, the City Manager may in his/her sole and absolute discretion determine that
any matter in connection with this Agreement will be presented to the City Council.
10.18 Enforced Delay: Extension of Times of Performance. Performance by either
party hereunder shall not be deemed to be in Default, and all performance and other dates
specified in this Agreement shall be extended, where delays or Defaults are due to: war;
insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts
of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of
transportation; governmental restrictions or priority; unusually severe weather; inability to
secure necessary labor, materials or tools; delays of any contractor, subcontractor or
supplier; acts or omissions of the other party; acts or failures to act of any other public or
governmental agency or entity (other than the acts or failures to act of the City which shall
not excuse performance by the City). Notwithstanding anything to the contrary in this
Agreement, an extension of time for any such cause shall be for the period of the enforced
delay and shall commence to run from the time of the commencement of the cause, if
notice by the party claiming such extension is sent to the other party within thirty (30) days
of the commencement of the cause. Times of performance under this Agreement may
also be extended in writing by the mutual agreement of the City Manager the Developer.
10.19 Authority. The Developer has the legal power, right and authority to execute,
deliver and enter into this Agreement and any and all other agreements and documents
required to be executed and delivered by the Developer in order to carry out, give effect to,
and consummate the transactions contemplated by this Agreement, and to perform and
observe the terms and provisions of all of the above. The persons who have executed this
Agreement on behalf of Developer and all other documents or instruments executed and
delivered, or to be executed and delivered, pursuant to this Agreement are authorized to
execute and deliver the same on behalf of the Developer and all actions required under the
organizational documents and applicable governing law for the authorization, execution,
delivery and performance of this Agreement and all other documents or instruments
executed and delivered, or to be executed and delivered pursuant hereto by the persons
which have executed them, have been duly taken.
12
Agenda Item No. 10
Page 14 of 23
IN WITNESS WHEREOF the parties have executed this Settlement Agreement as
of the date first above written.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
By:
Daryl Hickman, Mayor
ATTEST
By:
Vivian Munson, City Clerk
APPROVED AS TO FORM
Leibold McClendon & Mann, P.C.
By:
Barbara Zeid Leibold, City Attorney
"DEVELOPER"
MSA ENTERPRISES, INC., a California
corporation
By:
Its:
By:
Its:
13
Agenda Item No. 10
Page 15 of 23
EXHIBIT A
SITE MAP
[To Be Inserted]
Exhibit A
Agenda Item No. 10
Page 16 of 23
EXHIBIT B
AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
City of Lake Elsinore )
130 South Main Street )
Lake Elsinore, CA 92530 )
Attention: City Clerk )
)
(Space above for Recorder's Use Only)
This document is exempt from the payment of a recording fee
pursuant to Government Code Section 6103.
THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
(this "Agreement") is entered into this _ day of , 2008 by and between the CITY
OF LAKE ELSINORE, a public body, corporate and politic (the "City") and MSA
ENTERPRISES, INC., a California corporation (the "Developer"), with reference to the
following recitals which are deemed to be a substantive part hereof:
A. The City and the Developer have entered that certain Settlement Agreement
dated for identification purposes as of May 13, 2008 (the "Settlement Agreement")
concerning the development, use and operation of Project upon that certain real property
which is more particularly described in the Legal Description which is attached hereto as
Attachment No. 1 and incorporated herein by reference (the "Land"). The Settlement
Agreement is available for public inspection at the City's offices located at 130 S. Main
Street, Lake Elsinore, California 92530. Capitalized terms utilized herein and not
otherwise defined shall have the same meaning as set forth in the Settlement Agreement.
B. The Developer is the fee owner of the Land and has completed the
construction of a Best Western Hotel including seventy-one (71) rooms in a three-story
interior corridor hotel and such ancillary uses as are reasonably related and connected to
the hotel to be developed and operated by the Developer on the Land in accordance with
the applicable regulatory approvals and the terms and conditions of the Settlement
Agreement.
C. The Developer has agreed with the City to cause this Agreement to be
executed and recorded against the Land in order to bind the Developer and future owners
of the Land to certain obligations regarding the on-going use, operation and maintenance
of the Land and certain other covenants, all as more particularly set forth herein.
D. The enforcement of the covenants and requirements set forth herein will
ensure the use, development and operation of the Land in accordance with the terms and
provisions of the Settlement Agreement and will, therefore, benefit the Developer and the
City.
Exhibit B
(Page 1 of 6)
Agenda Item No. 10
Page 17 of 23
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto, and for other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Developer, on behalf of itself and its successors, assigns and each
successor in interest to the Land or any part thereof, and the City hereby covenant and
agree as follows:
1.0 USE COVENANT. The Developer shall use, operate and maintain the Land and all
buildings and improvements thereon, including the Hotel and all facilities appurtenant
thereto in accordance with all applicable Governmental Requirements, including without
limitation the requirements and provisions of the City's Municipal Code. The Developer
covenants and agrees that throughout the Term, the Land shall be used solely for the Hotel
and only in accordance with the terms and requirements of this Agreement and the
Settlement Agreement (the "Use Covenant").
2.0 OPERATING COVENANT. The Developer hereby covenants and agrees to use
and occupy the Land in accordance with all Governmental Requirements and solely as an
Hotel. From and after the Commencement Date of Operation, the Developer shall
continuously and diligently operate the Hotel on the Land (the "Operating Covenant").
3.0 MAINTENANCE AND REPAIR COVENANT. The Developer, at the Developer's
sole cost and expense, shall keep and maintain the Land and all buildings and
improvements thereon and all facilities appurtenant thereto in good order and repair and
safe condition, and the whole of the Land, improvements, and landscaping in a clean,
sanitary, and orderly condition free from debris, graffiti and waste materials and in
accordance with the requirements and provisions of the City's Municipal Code and this
Agreement and all applicable Governmental Requirements. The Developer shall make any
and all additions to or alterations or repairs in and about the Land and the improvements
which may be required by and shall otherwise observe and comply with all Governmental
Requirements from time to time applicable to the Land. The obligations of the Developer
under this Section 3.0 shall be referred to herein as the "Maintenance and Repair
Covenant."
3.1 Interior Maintenance. Developer shall maintain the interior of the buildings
located on the Land in a decent, safe and sanitary condition and in good repair and
condition and shall, immediately upon discovery thereof, correct any health and safety
code violations and any disrepair or defect in condition.
3.2 Exterior Maintenance. The Land shall be kept free from the accumulation of
debris and waste materials. All exterior, painted surfaces shall be maintained at all times in
a clean and presentable manner, free from chipping, cracking, peeling and defacing marks.
All broken windows shall be immediately repaired in order to prevent hazardous conditions
and/or invitation for trespassers and malicious mischief. Except during periods of
construction, no lumber, trash, discarded equipment or other debris shall be stored in areas
visible from the street. Trash cans, bins or containers shall be screened in accordance
with City Municipal Code requirements.
3.3 Graffiti Removal. All graffiti, and defacement of any type, including marks,
words and pictures, must be removed and any necessary painting or repair completed
Exhibit B
(Page 2 of 6)
Agenda Item No. 10
Page 18 of 23
within the earlier of seventy-two (72) hours of their creation or within forty-eight (48) hours
after Notice to the Developer from the City.
3.4 Landscapina. All exterior areas of the Land that are not buildings, driveways
or walkways shall be adequately and appropriately landscaped. The landscaping shall
meet minimum standards in accordance with City Municipal Code requirements.
Landscaping on the Land shall be absent of the following: (a) lawns with grasses in excess
of six (6) inches in height; (b) untrimmed hedges; (c) trees, shrubbery, lawns and other
plant life dying from lack of water or other necessary maintenance; (d) trees and shrubbery
grown uncontrolled without proper pruning; (e) vegetation so overgrown as to be likely to
harbor rats orvermin; (f) dead, decayed or diseases trees, weeds and other vegetation; or
(g) inoperative irrigation systems.
3.5 Repairs. The Developer shall make all necessary repairs to maintain
buildings and the Land in good condition and in compliance with the maintenance and
landscaping requirements set forth herein.
4.0 RIGHT OF ACCESS COVENANT. The City, for itself and for other public agencies,
at their sole risk and expense, reserves the right to enter onto the Land or any part thereof,
at all reasonable times for the purpose of construction, reconstruction, maintenance, repair
or service of any public improvements or public facilities located on the Land. The City or
such other public agency exercising such right of entry shall take all reasonable measures
to minimize interference with the operation of business on the Land and shall promptly
repair and restore any damage caused by such entity to the Land or the buildings and
Improvements thereon. Any such entry shall be made only after reasonable notice to and
consent of the Developer, and City shall indemnify and hold Developer harmless from any
costs, claims, damages or liabilities pertaining to any such entry. The Developer agrees to
cooperate with the City in providing its consent and such access, and acknowledges that
the City may obtain an administrative inspection warrant or other appropriate legal or
equitable remedies to enforce its rights pursuant to this Section 4.0. This Section 4.0 shall
not be deemed to diminish any rights the City or any other public agencies may have
without reference to this Section 4.0. The requirements of this Section 4.0 shall be referred
to herein as the "Right of Access Covenant."
5.0 APPROVALS. The Developer shall obtain and maintain any and all necessary
permits and approvals for the development and operation of the Hotel on the Land.
6.0 TERM. The term of the Use Covenant, the Maintenance and Repair Covenant, and
the Right of Access Covenant continue throughout the Term. The term of the Operating
Covenant shall commence on the Commencement Date of Operation. The Use Covenant,
the Maintenance and Repair Covenant, the Right of Access Covenant and the Operating
Covenant shall commence on the Commencement Date of Operations and shall cease on
the first anniversary of the Commencement Date of Operation (the "Initial Term"), unless
otherwise extended by the Developer pursuant to Section 4.2 of the Settlement Agreement
and this Section 6. Provided that the Developer is not in default of this Agreement,
Developer shall have fourteen (14) consecutive annual options to extend the Initial Term
for one (1) year each (individually, an "Optional Extension" and, collectively, the "Optional
Extensions"). The Initial Term together with any and all of the Optional Extensions
exercised by the Developer in accordance herewith is hereinafter referred to as the "Term".
Exhibit B
(Page 3 of 6)
Agenda Item No. 10
Page 19 of 23
Developer shall exercise each of the Optional Extensions by giving written notice to the
City, not more than ninety (90) days and no less than thirty (30) days prior to the expiration
of the then current Term. If the Developer fails to timely exercise any of the Optional
Extensions in accordance herewith, then all subsequently exercisable Optional Extensions
shall be voidable by City and of no further force or effect following written notice thereof by
City to Developer and failure by Developer to exercise such Optional Extension within
fifteen (15) business days of such notice.
7.0 COVENANTS RUN WITH THE LAND. The covenants, restrictions and obligations
established in this Agreement shall, without regard to technical classification or
designation, be binding on the Developer, its successors and assigns and any successor in
interest to the Land, or any part thereof, for the benefit of and in favor of the City, its
successors and assigns. Therefore, whenever the word "Developer" is used herein, it shall
include the owner as of date of execution of this Agreement, and any and all successive
owners or assigns of the Land, and the provisions hereof are expressly binding upon all
such successive owners or assigns, and the parties agree all such provisions shall run with
the land. The City shall cause a fully executed copy of this Agreement to be recorded in
the Office of the Riverside County Recorder.
8.0 NOTICES. All notices shall be given in writing by personal delivery by a reputable
overnight courier service, or certified mail, postage prepaid and return receipt requested.
Notices shall be addressed as follows:
City:
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Attention: City Manager
With Copy to:
Barbara Zeid Leibold, City Attorney
Leibold, McClendon & Mann, P.C.
23422 Mill Creek Drive, Suite 105
Laguna Hills, California 92653
If to Developer:
Mukesh Patel
82297 Indio Boulevard
Indio, CA 92201
Any notice given by mail shall bedeemed given three days after mailing. All other notices
shall be deemed given on the date of delivery, if a business day, and on the first business
day thereafter, if the date of delivery is not a business day.
9.0 REMEDIES. In the event of any breach by the Developer of any of the covenants
contained herein, the City shall have the right to exercise all the rights and remedies and to
maintain any actions at law or suits in equity or other proper proceedings to enforce the
curing of the breach; provided, however, the City acknowledges and agrees that it shall
have no rights of foreclosure under this Agreement.
Exhibit B
(Page 4 of 6)
Agenda Item No. 10
Page 20 of 23
10.0 SEVERABILITY. If any term, provision, condition or covenant of this Agreement or
its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the application of the term, provision,
condition or covenant to persons or circumstances other than those as to whom or which it
is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to
the fullest extent permitted by law.
11.0 TITLES AND CAPTIONS. Titles and captions are for convenience of reference only
and do not define, describe or limit the scope or the intent of this Agreement.
12.0 MODIFICATION. The City, its successors and assigns, and the Developer and
its successors and assigns in and to all or any part of the fee title to the Land shall have
the right to consent and agree to changes in, or to eliminate in whole or in part, any of the
covenants herein without the consent of any tenant, lessee, easement holder, licensee,
mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having
any interest less than a fee interest in the Land. However, the City and the Developer are
obligated to give written notice to and obtain the written consent of any first mortgagee
prior to consent or agreement between the parties concerning such changes to this
Agreement.
13.0 PRIORITY. This Agreement shall be subordinate only to the lien securing
construction and permanent financing.
14.0 WAIVER. Failure or delay by either party to perform any term or provision of this
Agreement constitutes a default under this Agreement. The aggrieved party shall give
written notice of the default to the party in default. The defaulting party must within a
reasonable time commence to cure, correct, or remedy such default, and shall complete
such cure, correction or remedy with reasonable and due diligence, and during such period
or curing shall not be in default.
The waiver by one party of the performance of any covenant, condition, or promise shall
not invalidate this Agreement nor shall it be considered a waiver by such party of any other
covenant, condition or promise hereunder. The exercise of any remedy shall not preclude
the exercise of other remedies City or Developer may have at law or at equity.
15.0 ATTORNEYS' FEES. In the event of litigation arising out of any breach of this
Agreement, the prevailing party shall be entitled to recover reasonable costs and attorney's
fees, and all costs, fees and expenses incurred in any appeal or in collection of any
judgment.
[Signatures on Next Page]
Exhibit B
(Page 5 of 6)
Agenda Item No. 10
Page 21 of 23
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
and year first written above.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
By:
Daryl Hickman, Mayor
ATTEST
By:
Vivian Munson, City Clerk
APPROVED AS TO FORM
Leibold McClendon & Mann, P.C.
By:
Barbara Zeid Leibold, City Attorney
"DEVE LOPER"
MSA ENTERPRISES, INC., a California
corporation
By:
Its:
By:
Its:
Exhibit B
(Page 6 of 6)
Agenda Item No. 10
Page 22 of 23
ATTACHMENT NO.1 TO EXHIBIT B
LEGAL DESCRIPTION
[To Be Inserted]
Best Western Hotel Agmt
Attachment No. 1
Agenda l~eJnJt-Jo. 10
Page 23 of 23
CITY OF ~.
LAir ,6,LSiNORf
'~~ DREAM EXTREME
TO:
REPORT TO CITY COUNCIL
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: NEW COPIER LEASES WITH INNOVATIVE DOCUMENT SOLUTIONS
FOR THE FINANCE DEPARTMENT
Backaround
Consider Municipal Lease and Service Agreement for a new digital copier to be located
in the Finance Department.
Discussion
The Finance Department has outgrown the capabilities of the existing Canon iR2270
copier located in their department. The copier was leased in April 2005 and has two (2)
years remaining on its lease which will end in April 2010. The Canon iR2270 copier will
be relocated to the Senior Center where the copy demand will be significantly less. A
Canon iR3045 has been determined to fill the expanding needs of the Finance
Department. Staff has obtained a lease proposal for a new Canon iR3045 8/W digital
copier with duplexing capabilities, duplexing document feeder, stapling finisher,
scanning, email, faxing, printer stand, and a copy rate of 45 pages per minute.
The proposal by Innovative Document Solutions for leasing a Canon iR3045 is
consistent with the City's purchasing policy guidelines regarding the use of CMAS
pricing for acquiring digital copiers and related information technology. With CMAS (the
California Multiple Awards Schedule), vendors and manufacturers have agreed to sell to
government agencies at GSA pricing, in lieu of a formal bid process.
Fiscal Impact
Lease, maintenance and total cost of ownership calculations are attached. Sufficient
budgeted funds are projected to service the lease through the 60 month term, ending in
2013.
Agenda Item No. 11
Page 1 of 7
Digital Copier Lease
May 13, 2008
Page 2
Recommendations
1) Approve the digital copier lease proposal and authorize the City Manager to
execute the 60 month Municipal Lease Agreement with Canon Financial
Services, Inc., for a Canon iR3045 digital copier.
2) Approve service proposal by Innovative Document Solutions (based on monthly
CMAS Service Agreement #GS-25F-0023M) and authorize the City Manager to
execute the Service Agreement with Innovative Document Solutions to maintain
a Canon iR3045 digital copier, per the stated terms and conditions.
Prepared by:
Mark Dennis
Information/Communications Manager
Robert A. Bradyflf\\Z:
City Manager ~
Approved by:
Agenda Item No. 11
Page 2 of 7
FY 2008-2009
Copier Lease Analysis
5/13/2008
ICANON iR3045 (1)
Ima e Fee B&W Co after 10,000:
Est. Mo Volume after 10,000 incl.
$0.01300
100
Month
1
2
3
4
5
6
7
8
9
10
11
12
Mo. Base ST@ 7.75% ImaQe Fee ST @ 3.88%
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 135.00 $ 10.46 $ 1.30 $ 0.05
$ 1,620.00 $ 125.55 $ 15.60 $ 0.61
Sub TOTAL
TOTAL ANNUAL MAINTENANCE
MONTHLY MAINTENANCE AVERAGE
MONTHLY LEASE+MAINTENANCE COST
$
$
$
1,761.76
146.81
393.56
NOTES
1) Equipped with Duplexer, 3-way paper feed, e-sorting, stapling AE1, Network/Scanning, & Faxing
LEASE TERMS
Month Lease Pmt ST@7.75% TOTAL $ PER YEAR
1 $ 229.00 $ 17.75 $ 246.75
2 $ 229.00 $ 17.75 $ 246.75
3 $ 229.00 $ 17.75 $ 246.75
4 $ 229.00 $ 17.75 $ 246.75
5 $ 229.00 $ 17.75 $ 246.75
6 $ 229.00 $ 17.75 $ 246.75
7 $ 229.00 $ 17.75 $ 246.75
8 $ 229.00 $ 17.75 $ 246.75
9 $ 229.00 $ 17.75 $ 246.75
10 $ 229.00 $ 17.75 $ 246.75
11 $ 229.00 $ 17.75 $ 246.75
12 $ 229.00 $ 17.75 $ 246.75 $ 2,960.97
13 $ 229.00 $ 17.75 $ 246.75
14 $ 229.00 $ 17.75 $ 246.75
15 $ 229.00 $ 17.75 $ 246.75
CopierLease080513 Sheet2 PreA'!f~~cmr Ifem~. 11
Page 3 of 7
FY 2008-2009
Copier Lease Analysis
5/13/2008
Month Lease Pmt ST@ 7.75%
TOTAL $ PER YEAR
16 $ 229.00 $ 17.75 $ 246.75
17 $ 229.00 $ 17.75 $ 246.75
18 $ 229.00 $ 17.75 $ 246.75
19 $ 229.00 $ 17.75 $ 246.75
20 $ 229.00 $ 17.75 $ 246.75
21 $ 229.00 $ 17.75 $ 246.75
22 $ 229.00 $ 17.75 $ 246.75
23 $ 229.00 $ 17.75 $ 246.75
24 $ 229.00 $ 17.75 $ 246.75 $ 2,960.97
25 $ 229.00 $ 17.75 $ 246.75
26 $ 229.00 $ 17.75 $ 246.75
27 $ 229.00 $ 17.75 $ 246.75
28 $ 229.00 $ 17.75 $ 246.75
29 $ 229.00 $ 17.75 $ 246.75
30 $ 229.00 $ 17.75 $ 246.75
31 $ 229.00 $ 17.75 $ 246.75
32 $ 229.00 $ 17.75 $ 246.75
33 $ 229.00 $ 17.75 $ 246.75
34 $ 229.00 $ 17.75 $ 246.75
35 $ 229.00 $ 17.75 $ 246.75
36 $ 229.00 $ 17.75 $ 246.75 $ 2,960.97
37 $ 229.00 $ 17.75 $ 246.75
38 $ 229.00 $ 17.75 $ 246.75
39 $ 229.00 $ 17.75 $ 246.75
40 $ 229.00 $ 17.75 $ 246.75
41 $ 229.00 $ 17.75 $ 246.75
42 $ 229.00 $ 17.75 $ 246.75
43 $ 229.00 $ 17.75 $ 246.75
44 $ 229.00 $ 17.75 $ 246.75
45 $ 229.00 $ 17.75 $ 246.75
46 $ 229.00 $ 17.75 $ 246.75
47 $ 229.00 $ 17.75 $ 246.75
48 $ 229.00 $ 17.75 $ 246.75 $ 2,960.97
49 $ 229.00 $ 17.75 $ 246.75
50 $ 229.00 $ 17.75 $ 246.75
51 $ 229.00 $ 17.75 $ 246.75
52 $ 229.00 $ 17.75 $ 246.75
53 $ 229.00 $ 17.75 $ 246.75
54 $ 229.00 $ 17.75 $ 246.75
55 $ 229.00 $ 17.75 $ 246.75
56 $ 229.00 $ 17.75 $ 246.75
57 $ 229.00 $ 17.75 $ 246.75
58 $ 229.00 $ 17.75 $ 246.75
59 $ 229.00 $ 17.75 $ 246.75
60 $ 229.00 $ 17.75 $ 246.75 $ 2,960.97
TOTAL
$ 13,740.00 $ 1,064.85 $ 14,804.85 $ 14,804.85
CopierLease080513
Sheet2
PreA~ltem<I4J0. 11
Page 4 of 7
Canon
Canon Financial Services, Inc. ('CFS")
REMITTANCE ADDRESS: P.O. Box 4004 MUNICIPAL LEASE AGREEMENT AGREEMENT
Carol Stream, Illinois 60197-4004 (800) 220-0200 NUMlER:
CFS-l045 (06105)
CUSTOMER (FLU. lEGAL NAE DBA PHONE 951-674-3124
Lake Isinore, City of ('Customer')
B1lUNG ADDRESS CITY COLffiY STAlE ZIP
1305 Main 5t Lake Elsinore CA 92530
EQUIPMENT ADDRESS CITY COUNTY STAlE ZIP
EQUIPMENT INFORMATION NUMBER AND AMOUNT OF PAYMENTS
Quantity I Serial Number I MakeIModellDescription No. of Pmts. Total Pavrnent '
1 IR3045 60 229,00
Doc Feeder, Finisher AE1
Network Bundle, Super G3 Fax
Term in months: 60 * Plus Applicable Taxes
Payment Frequency:
IKI Monthly o Quarterly o Other:
THIS AGREEMENT IS EFFECTIVE ONLY UPON SIGNING BY BOTH PARTIES. THIS AGREEMENT IS NON-CANCELABLE BY CUSTOMER
EXCEPT AS DESCRIBED IN THE FISCAL FUNDING PROVISION HEREIN. CUSTOMER REPRESENTS THAT ALL ACTION REQUIRED TO
AUTHORIZE THE EXECUTION OF THIS AGREEMENT ON BEHALF OF THE CUSTOMER BY THE FOLLOWING SIGNATORIES HAS BEEN TAKEN.
ACCEPTED AUTHORIZED CUSTOMER SIGNATURE
CANON FINANCIAL SERVICES, INC. By: X Tille:
By: Printed Name:
Title: By: X Title:
Date: Printed Name:
To: Canon Financial Services, Inc. ("CFS") ACCEPTANCE CERTlRCATE
The Customer certifies that (a) the Equipment referred to in the above Agreement has been received, (b) installation has been completed, (c) the Equipment
has been examined by Customer and is in good operating order and condition and is, in all respects, satisfactory to the Customer, and (d) the Equipment is irrevocably accepted by the Customer for all purposes
under the Agreement. Accordingly, Customer hereby authorizes billing under this Agreement.
Signaue: X Printed Name:
Title (if any): Date:
TERMS AND CONDITIONS
1. AGREEMENT: CFS leases to Customer, a Muni [state name or political subdivision or agency] of CA [State name] with its chief executive office at
130 S Main St Lake Elsinore CA 92530 , and Customer leases from CFS, with its place of business at 158 Gaither Drive,
Suite 200, Mount laurel, New Jersey 08054, all the eqlipment described above, together with aU replacement parts and substibJtions for and additions to all such equipment (the 'Equipment"), upon the terms and
conditions set forth in this Lease Agreement ("Agreemenr'). The amount of each Payment is based on the suppliers best estimate of the cost of the Equipment. Such Payments will be adjusted upward or downward
if the acbJaI total cost of the Equipment including any sales or use tax, is more or less then the estimate and, in that event, Customer authorizes CFS to adjust such Payments by up to fifteen percent (15%).
2. AGREEMENT PAYMENTS: Customer agrees to pay in advance to CFS, during the term of this Agreement, (a) the Payments specified under "Number and Amount of Payments" above, and (b) such other
amounts permitted hereunder as invoiced by CFS ("Payments') and (c) on Schedule 1 attached hereto. Such Payments are comprised of the principal and interest thereon.
3. APPUCA TION OF PAYMENTS: All Payments received by CFS from Customer under this ~eement will be applied to amounts due and payable hereunder chronologically, based on the date of CFS's charge
shown on the invoice for each such amount and among amounts having the same date in such order as CFS, in its discretion, may determine.
4. TERM OF AGREEMENT: The term of this Agreement shall commence on the date the Equipment is delivered to Customer, provided Customer executes CFS' Acceptance Certificate or otherwise accepts the
Equipment as specified in this Agreement. The term of this Agreement shell end, unless sooner terminated by CFS aller an event of default or under the Fiscal Funding provision, when all amounts required to be paid
bv Customer under this AQreement have been paid as provided. Except as set forth herein, Customer has no riQht to rebJm the Equipment to CFS.
5. NO CFS WARRANTIES: CUSTOMER ACKNOWLEDGES THAT CFS IS NOT A MANUFACTURER, DEALER, OR SUPPLIER OF THE EQUIPMENT. CUSTOMER AGREES THAT THE EQUIPMENT IS LEASED
"AS IS" AND IS OF A SIZE, DESIGN AND CAPACITY SELECTED BY CUSTOMER. CFS HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OF THE
EQUIPMENT, THE ABSENCE OF ANY CLAIM OF INFRINGEMENT OR THE LIKE, OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any warranty with respect to the Equipment made by the supplier,
dealer, or manufacbJrer is separate from, and is not a part of, this Agreement and shall be for the benefit of CFS, Customer, and CFS's purchaser or assignee, if any. So long as Customer is not in breach or defaLlt
of this Agreement, CFS assigns to Customer, solely for the purposes of making and prosecuting any such claim, the rights if any, which CFS may have against the supplier, dealer, or manufacbJrer for breach of
warranty or other representation respecting any item of Equipment. CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER THE SUPPLIER NOR ANY DEALER IS AUTHORIZED TO WAIVE OR ALTER
ANY TERM OF THIS AGREEMENT, OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THIS AGREEMENT OR THE EQUIPMENT ON BEHALF OF CFS.
6. FISCAL RlNDlNG: The Customer warrants that it has funds available to pay Payments payable plnuant to this Agreement until the end of its clJ'rent appropriation period and warrants that it presently intends to
make Payments in each appropriation period from now until the end of this Agreement. The officer of the Customer responsible for preparation of Custome~s annual budget shall request from its legislative body or
funding authority funds to be paid to CFS under this Agreement. If notwithstanding the making in good faith of such request in accordance with appropriate procedU'es and with the exercise of reasonable care and
diligence, such legislative body or funding authority does not appropriate funds to be paid to CFS for the Equipment. Customer may, upon prior written notice to CFS, effective upon the exhauslion of the funding
authorized for the then current appropriation period, return the Equipment to CFS, at Custome~s expense and in accordance with this Agreement. and thereupon, Customer shall be released of its obligation to make
Payments to CFS due thereafter, provided: (1) the Equipment is rebJmed to CFS as provided for in the Agreement, (2) the above described notice states the failure of the legislative body or funding authority to
appropriate the necessary funds as the reason for cancellation; and (3) such notice is accompanied by payment of all amounts then due to CFS under this Agreement. In the event Customer returns the Equipment
pursuant to the terms of this Agreement, CFS shall retain all sums paid by Customer. Customer's Payment obligations under this Agreement in any fiscal year shall constitute a current expense of Customer for such
fiscal year, and shell not constibJte indebtedness or a multiple fiscal year obligation of Customer under Customer's state constitution, state law or home rule charter. Nothing in this Agreement shall constib.Jte a
pledge by Customer of any taxes or other monies, other than as appropriated for a specific fiscal year for this Agreement and the Eqlipment.
7. ACCEPTANCE; DELIVERY: Customer's execution of the Acceptance Certificate, or Custome~s provision to CFS of olher written confirmation of its acceptance of the Equipment, shall conclusively establish that
the Equipment has been delivered to and accepted by Customer for all purposes of this ~eement and Customer may not for any reason revoke that acceptance; however, if Customer has not, within ten (10) days
after delivery of the Equipment. delivered to CFS written notice of any non-acceptance of the Equipment, specifying the reasons therefore and specifically referencing this ~eement, Customer shall be deemed to
have irrevocably accepted the Equipment. CFS is the lessor and Customer is the lessee of the Equipment under this Agreement. As between CFS and Customer ony, this Agreement shell supersede any Customer
plJ'chase order in its entirety. Customer agrees to waive any right of specific performance of this Agreement and to hold CFS harmless from damages if for any reason the Equipment is not delivered as ordered, ~ the
Eqlipment is unsatisfactory or if CFS does not execute this ~eement. Customer agrees that any delay in delivery of the Equipment shall not affect the validity of this Agreement.
B, LOCATION; LIENS; NAMES; OFFICES: Customer shall not move the Equipment from the location specified herein except with the prior written consent of CFS. Customer alJees that it will keep the Equipment
free and clear of all claims and liens other than those created as a result of this Agreement. Custome~s legal name (as set forth in its constibJent documents filed with the appropriate govemmental office or agency)
is set forth herein. Upon request, Customer will deliver to CFS certified constituent documents. The chief executive office of Customer is located at the address set forth herein. Customer will not change its name or
the location of its chief executive office unless CFS has been given at least 30 days prior written notice thereof and Customer has executed and delivered to CFS such financing statements and other inslruments
required or appropriate.
9. USE; FINANCING STATEMENTS: Customer shall comply with all laws or regulations relating to the use or maintenance of the Equipment. Customer shall put the Equipment only to the use contemplated by the
manufacturer of such Equipment. Customer authorizes CFS (and any third party filing service desigrlated by CFS) to execute and file, (a) financing statements evidencing the interest of CFS in the Equipment, (b)
continuation statements in respect thereof, and (c) amendments (including forms containing a broader description of the Equipment than the description set forth herein) and Customer irrevocably waives any right to
notice thereof.
CFS-l045 (06/05)
SEE REVERSE SIDE FOR ADDI7IONAL TERMS AND CONDITIONS.
Agendal~~1
Page 5 of 7
INNOVATIVE
DOCUMENT SOLUTIONS
rour I..ocal Business Rzrtner
26855 Jefferson Avenue, Suite F
Murrieta, CA 92562
P. 951) 676-8885
F. 951) 296-2675
77-760 Springfield Lane, Suite #6
Palm Desert, CA 92211
P. 760) 200-1583
F. 760) 200-1673
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Copier Service Contract
No: IR3045-01
For: Monthly Per Copy Service Agreement)
Name: City of Lake Elsinore - Finance
Address: 130 South Main Street
City: Lake Elsinore State: CA Zip: 92530
Contact:
Phone No: Fax:
Co ier I Accesso s
Description & Model
Manufacturer of Copier t No.:
Accesso s:
Service Contract Confi urations:
Meter Serial Service Cost
Count: Number(s) per Unit:
Canon Co ier #
IR3045
$135.00 Base
Black ima es
.013 eat addl
Sales Tax
3.87%
Type of Contract: "
o Non-Consumable: INCLUDES ALL PARTS, LABOR, DRUMS, AND PREVENTATIVE
MAINTENANCE. EXCLUDES TONER., PAPER & STAPLES.
Xconsumable: INCLUDES ALL PARTS, LABOR, DRUMS, PREVENTATIVE
MAINTENANCE AND BLACK TONER. COLOR TONER (IF APPLICABLE). EXCLUDES
PAPER & STAPLES.
Copier Service Contract shan become effective on May, 2008. Copies will be billed in
arrears monthly, with the first billing in June, 2008. It will incorporate the following Service
Contract Agreement and all of the features and configurations as described on the back
page of this contract.
All agreements shall be accepted by customer, and paid in accordance to agreed terms
prior to incorporation of the Service Contract.
Signed I Dated:
Customer Authorization:
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InnoVative Document Solutions
Award-winning EXCEPTIONAL Extraordinary
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INNOVATIVE
DOCUMENT SOLUTIONS
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26855 Jefferson Avenue, Suite F
Murrieta, CA 92562
P. 951) 676-8885
F. 951) 296-2675
77-760 Springfield Lane, Suite #6
Palm Desert, CA 92211
P. 760) 200-1583
F. 760) 200-1673
Copier Service Contract
No: IR3045-01
For: Monthly Per Copy Service Agreement)
Name: City of Lake Elsinore - Finance
Address: 130 South Main Street
City: Lake Elsinore State: CA Zip: 92530
Contact:
Phone No: Fax:
Co ier I Accesso s
Description & Model
Manufacturer of Copier / No.:
Accesso s:
Service Contract Confi urations:
Meter Serial Service Cost
Count: Number(s) per Unit:
Canon Co ier #
IR3045
$135.00 Base
Black ima es
.013 eat addl
Sales Tax
3.87%
Type of Contract: _
D Non-Consumable: INCLUDES ALL PARTS, LABOR, DRUMS, AND PREVENTATIVE
MAINTENANCE. EXCLUDES TONER, PAPER & STAPLES.
''Xconsumable: INCLUDES ALL PARTS, LABOR, DRUMS, PREVENTATIVE
MAINTENANCE AND BLACK TONER. COLOR TONER (IF APPLICABLE). EXCLUDES
PAPER & STAPLES.
Copier Service Contract shall become effective on May, 2008. Copies will be billed in
arrears monthly, with the first billing in June, 2008. It will incorporate the following Service
Contract Agreement and all of the features and configurations as described on the back
page of this contract.
All agreements shall be accepted by customer, and paid in accordance to agree"" terms
prior to incorporation of theSelVlce Contract. . _ IT"\ I
Signed / Dated: ~
Customer Authorization: InnoVative Document Solutions
.Award-winn~ EXCEPTIONAL Extraordinary
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REPORT TO CITY COUNCIL
TO:
FROM:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
ROBERT A. BRADY
CITY MANAGER
M.AY 13, 2008
DATE:
SUBJECT: AGREEMENT FOR $ERVCIES WITH A & A JANITORIAL
Backaround
In February of 2006, the City entered into an agreement for professional services with
A & A Janitorial for contract janitorial cleaning services for park restrooms.
On February 1, 2008, the agreement expired and currently A & A Janitorial is providing
janitorial cleaning services at all City parks on a month-to-month basis.
Dis.cussion
This new agreement refl~cts the same scope of work and includes Alberhill Ranch
Sports Park which was added to the agreement in July 2007 when the City assumed
maintenance service of the park. City Staff met with the owner of A & A Janitorial and
negotiated a two year agreement that realized a five percent savings to the City.
It is recommended that the City Council determine that the City's best interest are
served by bypassing standard bidding procedures because of the cost savings achieved
by continuing the services with the existing contractor (Lake Elsinore Municipal Code
Section 3.08.F).
Fiscal Impact
Funds in the amount of $59,280 will be included in the Parks and Recreation Fiscal
Year Budget 2008/2009.
Agenda Item No. 12
Page 1 of 10
Agreement For Services With A & A Janitorial
May 13, 2008
Page 2
Re.commendation
Approve the two year agreement with A & A Janitorial and authorize the City Manager
to sign the agreement.
Approved by: Ray GOnZaleW
Director of Parks and Recreation
Approved by: Robert A. Br~~
City Man$-]~ y
Attachments
Agenda Item No. 12
Page 2 of 10
AMENDED AND RESTATED AGREEMENT FOR SERVICES
(Janitorial Services for Park Facilities)
This Amended and Restated Agreement for SeNices (the "Agreement") is made and
entered into as of the 13th day of May, 2008, by and between the (City of Lake Elsinore, a
municipal corporation ("City") and A & A Janitorial, a California corporation
("Contractor") .
RECITALS
A. Contractor and City have previously entered into the certain agreement dated as of
February 1,2006 for janitorial seNices. The parties desire to continue the seNices by way
of an amended and restated agreement.
B. Contractor is specially trained, experienced, and competent to perform the special
seNices which will be required by this Agreement.
C. Contractor possesses the skill, experience, ability, background, certification, and
knowledge to provide the seNices described in this Agreement on the terms and
conditions described herein,
D. City desires to retain Contractor to render the services and related work as set
forth in this Agreement.
AGREEMENT
1. Scope of SeNices.
a. Contractor shall perform the seNices described in Exhibit "A" which is
attached hereto and incorporated herein by reference. Contractor shall provide said
seNices at the time, place, and in the manner specified in Exhibit "A", subject to the
direction of the City through its staff that it may provide from time to time and in such
manner as to minimize inconvenience and potential hazards to the City and the public.
b. Contractor shall furnish all necessary tools, equipment, and vehicles at
Contractor's sole expense.
c. Contractor shall require each of its employees and subcontractors to adhere
to basic standards of working attire which shall include basic uniforms, proper shoes and
other equipment and gear as is required by State of California workplace safety
regulations. Shirts shall be worn at all times, buttoned and tucked in.
2. Time of Performance. The seNices of Contractor are to commence upon
execution of this Agreement and shall continue for a period of two years and may be
extended for two consecutive one year extensions upon the approval of the City
Manager, subject to the review of the City Council.
3. Compensation. Compensation to be paid to Contractor shall be in accordance
2 Agenda Item No. 12
Page 3 of 10
with the charges set forth in Exhibit "A". 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 submit monthly billings to City describing the
work performed during the preceding month. 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 30 days after approval of the monthly invoice by City
staff.
5. Extra Work. At any time during the term of this Agreement, City requests that
Contractor perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary but which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Contractor shall not perform, nor
be compensated for, Extra Work without written authorization from the City Manager or
his/her designee unless such work is verbally requested in conjunction with an
emergency maintenance request. Extra work will be invoiced separately from services
performed in accordance with the Scope of Services.
6. Termination, This Agreement may be terminated by the City or Contractor for
cause upon thirty (30) days' written notice of termination. This contract may be terminated
by the City without cause upon sixty (60) days written notice of termination. Upon
termination, Contractor shall be entitled to compensation for services performed up to
the effective date of termination.
7. Reserved.
8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, cancelled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City for a minimum
period of three (3) years, or for any longer period required by law, from the date of final
payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any
longer period required by law, from the date of termination or completion of this
Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Manager, City Attorney, City Auditor or
a designated representative of these officers. Copies of such documents shall be provided
to the City for 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.
3
Agenda Item No. 12
Page 4 of 10
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. Contractor shall obtain no rights to
retirement benefits or other benefits which accrue to City's employees, and Contractor
hereby expressly waives any claim it may have to any such rights.
10. Interests of Contractor. Contractor 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.
11. Ability of Contractor. City has relied upon the experience and training 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 contractor in Contractor's field of expertise.
12. Compliance with Laws. Contractor shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and
regulations.
13. Licenses. Contractor represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally
required of Contractor. 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, including but not limited to, a City business license.
14. Indemnity. Contractor shall indemnify and hold the City, its officers, employees, and
agents free and harmless from any liability whatsoever, including wrongful death, based
or asserted upon act or omission of the Contractor, its employees, subcontractors, and
agents relating to or in anyway connected with the accomplishment of the work or
performance of service under this Agreement. As part of the foregoing indemnity, the
Contractor agrees to protect and defend at Contractor's own expense, including attorney
fees, the City, its offices, agents, and employees in any legal action based upon any such
alleged acts or omission.
4
Agenda Item No. 12
Page 5 of 10
15. Insurance Requirements.
a. Insurance. Contractor, at Contractor's own cost and expense, shall
procure and maintain, for the duration of the contract, 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
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.
ii. General Liabilitv Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of the
Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of
not less than one million dollars ($ 1,000,000) combined single limit for each occurrence.
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.
5
Agenda Item No. 12
Page 6 of 10
iv. The insurer waives all rights of subrogation against the City, its elected
or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days 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, unless such insurance, endorsements and/or certificates are otherwise waived by
the Director of Administrative Services. 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
If to Contractor:
A & A Janitorial
Attn: Gordon Anderson
P.O. Box 5520 Riverside,
CA 92517
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
6
Agenda Item No. 12
Page 7 of 10
19. Assiqnment and Subcontractinq. The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and
competence of Contractor. 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. Contractor shall not subcontract any portion of the work to be performed under this
Agreement except upon 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 payor to see to the payment of any monies due to any such
subcontractor other than as otherwise is required by law.
20. Waiver. Waiver 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.
It the parties are unable to agree upon a mediator, the dispute shall be submitted to
JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties
with the names of five qualified mediators. Each party shall have the option to strike two of
the five mediators selected by JAMS and thereafter the mediator remaining shall hear the
dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
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.
7
Agenda Item No. 12
Page 8 of 10
26. Authority to Enter Aqreement. 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.
27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not
paid 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 shall
have any financial or other person interest, direct or indirect, in this Agreement, or obtain
any present or anticipated benefit arising there from.
28. Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant
for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Contractor shall also comply with all relevant provisions of City's
Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on
the date first written above.
CITY OF LAKE ELSINORE:
CONTRACTOR:
Robert A. Brady
City Manager
By: Gordon Anderson
Its: Owner
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
8
Agenda Item No. 12
Page 9 of 10
EXHIBIT "A"
TO ACCOMPANY BID SUBMITTAL
Bid Schedule
Janitorial Services for Park Facilities
PROPOSAL
FACILITY
SERVICE
FREQUENCY
MONTHLY
COST
Lakepoint Park
McVicker Park (29355 Grand Ave.)
Summerhill Park (31613 Canyon Est. Dr.)
Summerlake Park (900 W. Broadway)
Swick-Matich Park
Tuscany Hills Par (30 Summerhill Dr.)
Yarborough Park (419 N. Poe St.)
City Park (243 S. Main St.)
Machado Park (15150 Joy St.)
Creekside Park (32000 Lost Rd.)
Alberhill Ranch Sports Park
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
Daily
$380.00
$760.00
$380.00
$380.00
$760.00
$380.00
$380.00
$380.00
$380.00
$380.00
$380.00
SCOPE OF WORK
All park restroom facilities will be cleaned Sunday through Saturday.
ANNUAL
$4,560
$9,120
$4,560
$4,560
$9,120
$4,560
$4,560
$4,560
$4,560
$4,560
$4,560
CONTRACTOR shall maintain all park restrooms at an acceptable level that ensures
usability by the public by performing the following operations:
- Floors shall be swept daily.
All dispensers shall be cleaned and serviced daily.
Wash basins shall be cleaned daily.
Walls and ceilings shall be cleaned each day.
Stalls shall be cleaned daily.
Toilets and urinals shall be cleaned and disinfected daily.
Wet mop floors daily.
Empty trash containers and remove debris daily.
Scrub floors on an as needed basis to ensure sanitary conditions.
Chemically clean toilets and urinals daily to remove stains and deposits.
Lock all restroom doors after cleaning is completed.
All restrooms will be cleaned and locked after 10:00 p.m.
Lock all Park gates before leaving each Park where applicable.
8
Agenda Item No. 12
Page 1 0 of 1 0
CITY OF .~
LAI{f: ,6,LSiNOR!;
Y DREAM ExtREME...
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: REGISTRATION FEE FOR ABANDONED RESIDENTIAL PROPERTY
Backaround
On March 25, 2008 the City Council waived further reading and introduced an ordinance
(Ordinance No. 1252) adding Chapter 8.60 of the Lake Elsinore Municipal Code (LEMC)
regarding abandoned residential property registration. As indicated in the new
ordinance, Section 8.60.080 (Fees), the City Council shall set the registration fee by
resolution.
Discussion
Pursuant to Section 3.32.040 (Schedule of fees and service charges) of the LEMC, the
percentage of costs reasonably borne to be recovered of the actual costs of the service
cannot exceed 45%. Considering this, and after extensive research and analysis of
anticipated staff time and materials and comparisons to other Cities in the area, a fee in
the amount of $71.00 per registration is recommended. (See Attachment NO.1 for
calculations and analysis).
Fiscal Impact
The Community Development Department, Building & Safety Division is proposing the
utilization of an existing Building & Safety Inspector to manage the program in its
entirety. The recovery of the registration fee has been identified within the Staff Report.
Recommendation
Adopt a Resolution setting a fee for the registration of abandoned residential properties
in compliance with Ordinance No. 1252.
Prepared by:
Rolfe M. Preisendanz IYJ1/t ~
Director of Community Development/ / f' ........-
Robert A. BradYrf) r:rR
City Manager VJ...~
Agenda Item No. 13
Page 1 of 4
Approved by:
ATTACHMENT NO.1
Staff Time Analysis
Registration Fee for Abandoned Residential Property
I nvestiqation:
. Initial Inspection
. Research ownership
. Notice of Correction
. Follow up inspection
45 min @ $45.00/HR=$33.75
15 min @ $45.00/HR=$11.25
$ .42
30 min @ $45.00/HR=$22.50
Administration:
. Create file
. Contact party
. Maintain file
15 min @ $45.00/HR=$11.25
15 min @ $45.00/HR=$11.25
90 min @ $45.00/HR=$67.50
TOTAL EXPENSES
$157.92
Total Recovery allowed pursuant to
Lake Elsinore Municipal Code (LEMC)
Chapter 3.32 @ (45% X 157.99)=$71.00
Agenda Item No. 13
Page 2 of 4
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, SETTING A FEE
FOR THE REGISTRATION OF ABANDONED
RESIDENTIAL PROPERTIES IN COMPLIANCE WITH
ORDINANCE NO. 1252
WHEREAS, the City Council of the City of Lake Elsinore, adopted
Ordinance No. 1252, adding Chapter 8.60 to the Lake Elsinore Municipal Code
regarding abandoned residential property registration; and
WHEREAS, it is the intent and purpose of the City Council to establish an
abandoned residential property registration program as a mechanism to protect
residential neighborhoods from becoming blighted through the lack of adequate
maintenance and security of abandoned properties; and
WHEREAS, this ordinance allows the City to take direct action to maintain
properties and provides a procedure in which the property owner will be required to
reimburse the City for such costs; and
WHEREAS, Section 8.60.040 (0) of the Lake Elsinore Municipal Code
requires a fee to be charged for the registration of abandoned properties; and
WHEREAS, if the property is found vacant or shows evidence of vacancy
at which time it is deemed abandoned, and the trustee, within ten (10) days of that
inspection, register the property with the Building Official or his designee on forms
provided by the City; and
WHEREAS, an annual registration fee shall accompany the registration
form where the fee will be valid for one year in which the registration was initially
required; and
WHEREAS, Section 3.32 of the Lake Elsinore Municipal Code provides
for fee and service charge revenue, and does allow for the City to recover a percentage
of all "costs reasonably borne"; and
WHEREAS, the City desires to establish a policy of recovering the full
costs reasonably borne of providing special services and sets for the costs to be
recovered for the registration of abandoned properties at $71.00.
1
Agenda Item No. 13
Page 3 of 4
PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 13th day of May 2008.
DARYL HICKMAN, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
VIVIAN M. MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD, CITY ATTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. was adopted by the City Council of the City
of Lake Elsinore at a regular meeting held on the 13th day of Mav 2008, and that the
same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
VIVIAN M. MUNSON
CITY CLERK
2
Agenda Item No. 13
Page 4 of 4
CITY OF .~
LAK}: 6LSiNORf
\ ,
Y DREAM EXTREME...
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: MAY 13, 2008
SUBJECT: A REQUEST BY THE CITY OF CANYON LAKE TO REMOVE
TERRITORY FROM THE LAKE ELSINORE SPHERE OF INFLUENCE
AND TO DETACH A PORTION OF THE CITY OF LAKE ELSINORE
AND ANNEX IT TO THE CITY OF CANYON LAKE
Backaround
The City of Canyon Lake has requested the City of Lake Elsinore to support a request
to remove 162 acres of territory from Lake Elsinore's Sphere of Influence and to detach
22 acres of the incorporated area and annex it to the City of Canyon Lake. The total
area is approximately 184 acres in size and is located immediately adjacent to the north
gate to Canyon Lake along the Greenwald Avenue (see attached map). City staff has
held discussions with Canyon Lake officials regarding their proposal. Canyon Lake has
requested the City of Lake Elsinore to formally consider their proposal.
Discussion
The existing General Plan land use designation is low density residential for
approximately seven acres of the 22-acre portion in the City and the remaining 14-acres
is designated as Neighborhood Commercial. The area located in the Sphere of
Influence is designated as low density residential. The proposed General Plan land
use designations are consistent with the existing General Plan land use designations.
A development application has been submitted to the City for the 14-acre commercial
site. The applicant is proposing to construct a mixed use office and retail commercial
project containing 108,000 square feet of floor area.
The City has also received an application to annex the 162-acre portion into the City of
Lake Elsinore.
Agenda Item No. 14
Page 1 of 4
.. ~
City of Canyon Lake Annexation Request
May 13, 2008
Page 2
Fiscal Impact
The City would lose sales tax revenues, property tax revenues and development fees
that would be realized from commercial and residential development of the property. If
the residential area is developed, the cost of providing services would exceed the
revenues generated by the residential units.
Recommendation
The following is recommended to the City Council:
1. Consider Canyon Lake's request to remove approximately 162 acres of
territory from the City's Sphere of Influence; and
2. Do not approve detachment of approximately 22 acres from the City of Lake
Elsinore for annexation to Canyon Lake.
Prepared and
Approved by:
Robert A. Bradyn.lf},
City Manager flPY
Agenda Item No. 14
Page 2 of 4
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INLAND EMPIRE REGION
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Agenda Item No. 14
Page 3 of 4
VICINITY MAP
CANYON LAKE PROPOSED ANNEXATION
CITY COUNCIL
Agenda Item No. 14
Page 4 of 4
CITY OF ~
LAKi ,6,LsINoRi
~ DREAM EXTREME
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: PLANNING COMMISSION RECRUITMENT/APPOINTMENT PROCESS
Discussion
Members of the Planning Commission are appointed by the City Council and serve four
year staggered terms. There are three Planning Commissioner terms expiring on June
30, 2008. Council appoints a sub-committee to complete the recruitment process and
make recommendations to fill the expired terms.
Backaround
There will be three Planning Commissioner terms expiring June 2008 (Michael O'Neal,
John Gonzales and Phil Mendoza). Incumbents seeking reappointment are required to
complete and submit a new application along with other individuals interested in serving
as a Planning Commissioner.
Government Code 54970 (Maddy Act) requires local government to follow certain
procedures in order to provide the public with specific and current information about
commissions, committees and advisory boards. A public notice was published in two
local newspapers and posted at City Hall (Attachment A) notifying interested residents
and business owners of the vacancies, recruitment process, eligibility requirements,
responsibilities and closing date. Recruitment is being held from May 4 through June 4,
2008. Applicants must submit a newly revised application form along with a
questionnaire (Attachment B).
The recruitment process also requires the City Council to appoint a sub-committee to
evaluate the applications received, schedule or waive interviews and nominate
applicants for appointment at a City Council meeting. Applicants receiving the highest
number of affirmative votes from a majority of the Council present shall be appointed.
Agenda Item No. 15
Page 1 of 8
Planning Commission Recruitment/Appointment Process
May 13, 2008
Page 2
Fiscal Impact
Recruitment costs are minimal and are only associated with the advertisement of the
vacancies.
Recommendation
Appoint a sub-committee of the City Council to review applications, interview candidates
and make recommendations to fill three Planning Commission vacancies for
appointment at the June 24, 2008, City Council meeting.
Prepared by:
Approved by:
Agenda Item No. 15
Page 2 of 8
ATTACHMENT A
NOTICE OF VACANCIES
PLANNING COMMISSION
Notice is hereby given that the City of
Lake Elsinore is accepting applications
from interested citizens or business
owners to serve as members on the
Planning Commission for terms
beginning July 1, 2008, through June 30,
2012. There are three vacancies to be
filled. The City Council will make
appointments on June 24, 2008, at their
regular City Council Meeting.
To obtain an application, please contact
the City Clerks's Office at (951) 674-
3124 ext. 269. Applications must be
received by the City Clerk no later than
Wednesday June 4, 2008 at 5:00 P.M.
Application Closing Date:
Wednesday June 4, 2008 - 5:00 P.M.
Eligibility Requirements:
The City of Lake Elsinore Planning
Commission consists of five members. A
member must legally reside within the
City limits or be the owner of a business
that is currently established and licensed
inside the City limits. Members serve
four year staggered terms. Those
selected may be subject to a background
check.
The members of the Planning
Commission are appointed by the City
Council and serve terms of four years.
The Planning Commission is responsible
for implementing the City's General Plan
and Zoning Code through the review and
approval of discretionary applications for
land development. The Planning
Commission also has the authority to
make decisions concerning applications
for use and development of land
inclu subdivisions, site plan and
des' . view and sign programs. In the
Co sion's advisory role, it makes
recommendations to the City Council on
various applicable projects.
The Planning Commission meets at 6:00
P.M. on the first and third Tuesday of
each month in the Cultural Center
located at 183 North Main Street.
Phone 951.674.3124. Fax 951.471.1418. www.lake-elsinore.org
Agenda Item No. 15
Page 3 of 8
ATTACHMENT B
CITY 0 F
..~
LAKE \6,LSiNO~
~ DREAM EXTREME
....... TN
For Official Use Only
Date Due:
Interview Date:
Date Received:
Time:
Appointed: DYes D No Date Appointed:
Return completed application to:
Term:
City of Lake Elsinore
City Clerk's Office
130 S. Main Street, Lake Elsinore, CA
(951) 674-3124, Ext. 262
Commission Applied For:
D Planning D Public Safety Advisory
COMMISSION APPLICATION
The City of Lake Elsinore PlanninglPSAC Commission's consist of five members who shall not be officials or
employees of the City and shall legally reside within the City limits of the City or be the owner of a business
that is established and currently licensed inside the City limits (LEMC Section 2.24.020). Members are
appointed to four year terms, by the City Council.
Please complete in ink or typed form, the information requested below. You may attach a separate sheet for
additional information.
Home Address
City, State, Zip
Home Phone
Work Phone
Other
Length of Residency in Lake Elsinore
Length in California
.~fu~kmMt&i.ljptj.l .
Business Name
Business Address
City of Lake Elsinore Business License Number
Expiration Date
Business Phone
Date Business Established
Units Completed
Name
City & State
City & State
City & State
City & State
Name
Name
Name
Agenda Item No. 15
Page 4 of 8
AITACHMENT B
Address
From
To
Duties Performed:
Duties Performed:
Duties Performed:
Name
Phone
Applicant's Signature
Date
Agenda Item No. 15
Page 5 of 8
ATTACHMENT B
Questions for PlanninQ Commission Applicants
(Please use additional paper if necessary)
1. How do you see the role of the Community Development Department in the
planning process?
2. What is your vision of the City ten years from now?
3. What is the most important community planning challenge facing the City
right now?
1
Agenda Item No. 15
Page 6 of 8
ATTACHMENT B
4. How important do you feel public input should be in the decision making
process?
5. If there is one thing you could instantly change about the City, what would
it be?
2
Agenda Item No. 15
Page 7 of 8
ATTACHMENT B
6. How much weight do you believe economic development factors should
carry in the planning process?
3
Agenda Item No. 15
Page 8 of 8
CITY OF .~
LAK.E 5LSiNORJ:
\ ,
~..@ DREAM EXTREME",
REPORT TO CITY COUNCIL
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ROBERT A. BRADY
CITY MANAGER
DATE:
MAY 13, 2008
SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO. 1253,
ADDING CHAPTER 17.26 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING DENSITY BONUSES
Discussion
Ordinance No. 1253 was introduced at a regular City Council meeting on April 22, 2008,
and is now being presented for second reading and adoption.
Recommendation
Waive further reading and adopt Ordinance No. 1253, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADDING CHAPTER 17.26 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING DENSITY BONUSES
Prepared by:
Vivian M. Munso{J/
City Clerk '(j!7
Robert A. Brady I) i1<
City Manager W
Approved by:
Agenda Item No. 16
Page 1 of 20
ORDINANCE NO. 1253
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER
17.26 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING DENSITY BONUSES
WHEREAS, California Government Code Section 65915 requires that
each city adopt an ordinance establishing local procedures for the administration
of density bonuses and incentives; and
WHEREAS, the City of Lake Elsinore desires to add Chapter 17.26 of the
Lake Elsinore Municipal Code to conform with state law and to establish
procedures and regulations with respect to density bonuses and incentives within
the City of Lake Elsinore; and
WHEREAS, at a public hearing on April 1, 2008, the Planning
Commission considered the proposed density bonus ordinance and
recommended that the City Council approve the addition of Chapter 17.26 to the
Lake Elsinore Municipal Code; and
WHEREAS, in consideration of the Planning Commission's
recommendation and evidence presented by the Community Development
Department, Redevelopment Agency Staff, and other interested parties at a
public hearing held on April 22, 2008, the City Council of the City of Lake
Elsinore desires to add Chapter 17.26 to the Lake Elsinore Municipal Code as
set forth herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 17.26 is added to the Lake Elsinore Municipal
Code, as follows:
Section 17.26.010. Purpose. The purpose of this Chapter 17.26 is to
satisfy the City's obligations under Government Code Section 65915 et seq. (the
"State Density Bonus Law"), as amended from time to time. This Chapter 17.26
specifies the procedures for providing density bonuses and incentives to
applicants who seek such density bonuses for housing development within, or for
the donation of land for housing within, the City of Lake Elsinore. Interpretation
of the requirements, definitions, and standards set forth in this Chapter 17.26
shall be construed so as not to be inconsistent with the State Density Bonus Law.
Section 17.26.020. Definitions. As used in this Chapter, the following
terms shall have the following meanings unless otherwise indicated from the
context:
"Additional Incentive" shall have the meaning set forth in Section
17.26.045(a) of this Chapter.
1
Agenda Item No. 16
Page 2 of 20
"Affordable Rent" means monthly housing expenses, including a
reasonable allowance for utilities, for Restricted Units reserved for rental to Very
Low or Lower Income Households, not exceeding the following calculations:
(1) Very Low Income: 50 percent of the Area Median Income for the
county, adjusted for household size, multiplied by 30 percent and
divided by 12; and
(2) Lower Income: 60 percent of the Area Median Income for the
county, adjusted for household size, multiplied by 30 percent and
divided by 12.
"Affordable Housinq Cost" means the sum of actual or projected monthly
payments for all of the following associated with for-sale Restricted Units:
principal and interest on a mortgage loan, including any loan insurance fees,
property taxes and assessments, fire and casualty insurance, property
maintenance and repairs, homeowners' association fees, and a reasonable
allowance for utilities; provided that such sum meets the requirements set forth in
Section 50052.5 of the Health and Safety Code.
"Affordable Sales Price" means a sales price at which households can
qualify for the purchase of Restricted Units based on Affordable Housing Cost for
the particular Household Type the project is restricted to (e.g., Very Low Income,
Lower Income, or Moderate Income Household), calculated on the basis of
underwriting standards of mortgage financing available for the development.
"Area Median Income" means the median family income of a geographic
area of the state, as published annually by the California Department of Housing
and Community Development pursuant to Health and Safety Code Section
50093.
"Child Care Facility" means a child day care facility other than a family day
care home, including, but not limited to, infant centers, preschools, extended day
care facilities, and school age child care centers.
"Common Interest Development" means a multifamily development
complying with the requirements of subdivision (c) of Section 1351 of the Civil
Code.
"Density Bonus" means, unless a lesser percentage is requested by the
applicant, a minimum increase in the number of dwelling units authorized for a
particular parcel of land of:
(i) at least 5 percent over the otherwise Maximum Residential
Density if the project does not meet the requirements of
subsection (a)(1), (a)(2), or (a)(3) of Section 17.26.030 hereof
and the project is a Common Interest Development or Planned
Development that meets the requirements of subsection (a)(4)
of Section 17.26.030 hereof. The percentage of Density Bonus
granted shall increase by 1 percent for every 1 percent increase
2
Agenda Item No. 16
Page 3 of 20
above 10 percent (the threshold percentage of units required by
Section 17.26.030(a)(4)), up to a maximum Density Bonus of 35
percent over the Maximum Residential Density; or
(ii) at least 20 percent over the otherwise Maximum Residential
Density for projects containing units restricted to occupancy by
Lower Income Households. The percentage of Density Bonus
granted shall increase by 1.5 percent for every 1 percent above
10 percent (the threshold percentage of units required by
Section 17.26.030(a)(1)) up to a maximum Density Bonus of 35
percent over the Maximum Residential Density; or
(iii) at least 20 percent over the permitted Maximum Residential
Density for projects containing units restricted to occupancy by
Very Low Income Households. The percentage of Density
Bonus granted shall increase by 2.5 percent for every 1 percent
above 5 percent (the threshold percentage of units required by
Section 17.26.030(a)(2)), up to a Maximum Density Bonus of 35
percent over the Maximum Residential Density; or
(iv) 20 percent over the Maximum Residential Density if the Project
meets the requirements of Subsection (a)(3) of Section
17.26.030 hereof.
For the purpose of calculating a Density Bonus, the residential units do not
have to be based upon individual subdivision maps or parcels. When calculating
the Density Bonus, the applicant requesting the Density Bonus shall elect
whether the bonus shall be awarded on the basis of subdivision (a)(1), (a)(2),
(a)(3), or (a)(4) of Section 17.26.030 of this Chapter. The Density Bonus shall be
permitted in geographic areas of the Housing Development other than the areas
where the units for the Very Low, Moderate, or Lower Income Households are
located. The amount of Density Bonus to which the applicant is entitled shall
vary according to the amount by which the percentage of affordable housing
units exceeds the percentage established in Section 17.26.030 of this Chapter.
All Density Bonus calculations resulting in fractional numbers shall be rounded
up to the next whole number.
"Densitv Bonus AQreement" means a legally binding agreement between a
developer and the City to ensure that the requirements of this Chapter are
satisfied. The agreement, shall establish among other things, the number of
Restricted Units, their size, location, terms and conditions of affordability, and
production schedule. See Section 17.26.060 of this Chapter.
"Densitv Bonus Law" means California Government Code Section 65915
et seq., as amended from time to time.
"Densitv Bonus Units" means those residential units granted pursuant to
the provisions of this Chapter which exceed the otherwise Maximum Residential
Density for the development of the site.
3
Agenda Item No. 16
Page 4 of 20
"Development Standard" includes site or construction conditions that apply
to a residential development pursuant to any ordinance, general plan element,
specific plan, municipal code amendment, or other local condition, law, policy,
resolution, or regulation.
"Economically Feasible" means a housing project that can be built with a
reasonable rate of return. The housing developer's financial ability to build the
project shall not be a factor.
"Elioible Proiect" means a residential development project qualifying for a
Density Bonus within the meaning of this Chapter.
"Household Type" means whether the occupants of the housing units are
members of a Very Low Income, Lower Income, or Moderate Income Household
or are Senior Citizens.
"Housino Development" means one or more groups of projects consisting
of five or more residential units (excluding Density Bonus Units), including single-
family, multifamily, and mobile homes for sale or rent pursuant to this Chapter
and including a subdivision or Planned Development or Common Interest
Development. Housing Development also includes either (1) a project to
substantially rehabilitate and convert an existing commercial building to
residential use, or (2) the substantial rehabilitation of an existing multifamily
dwelling, as defined in subdivision (d) of Section 65863.4 of the Government
Code, where the result of the rehabilitation would be a net increase in available
residential units.
"Lower Income Household" means a household whose gross income is as
established by Health and Safety Code Section 50079.5, as amended from time
to time.
"Maximum Residential Density" means the maximum number of
residential units allowed by the General Plan range specified on the land use
map of the City's General Plan Land Use Element and Zoning Ordinance as of
the date of the project application, excluding the provisions of this Chapter. If the
Housing Development is within a planned development overlay zone, the
Maximum Residential Density shall be determined on the basis of the general
plan and the maximum density of the underlying zone.
"Moderate Income Household" means a household whose gross income is
as established by Health and Safety Code Section 50093, as amended from time
to time.
"Planned Development" means a development described in subdivision (k)
of Civil Code Section 1351, as amended from time to time.
"Restricted Unit" means a dwelling unit within a Housing Development
which will be reserved for sale or rent to, and affordable to, Very Low Income,
Lower Income, or Moderate Income Households or Senior Citizens in
accordance with the terms of this Chapter.
4
Agenda Item No. 16
Page 5 of 20
"Senior Citizen" means:
(1) Persons at least 62 years of age; or
(2) Persons at least 55 years of age in a Senior Citizen Housing
Development, as defined by state and federal law.
"Senior Citizen Housino Development" has the meaning set forth in
Sections 51.3 and 51.2 of the California Civil Code, as amended from time to
time.
"Senior Citizen Units" means:
(1) Assisted housing units for Senior Citizens; or
(2) Housing intended for, and solely occupied by, persons at
least 62 years of age; or
(3) Housing consisting of at least 150 units in which 80 percent
of the units have at least one person aged 55 or older and which
provide special facilities and services designed for seniors.
Eligibility for a Density Bonus or other incentive for Senior Citizen
Units must be in conformity with state and federal laws governing
senior housing projects; or
(4) Mobilehome parks that limit residency based on age
requirements for housing for older persons pursuant to Sections
798.76 or 799.5 of the Civil Code, as amended from time to time.
"Very Low Income Household" means a household whose gross income is
as established by Health and Safety Code Section 50105, as amended from time
to time.
Section 17.26.030. Restricted Occupancy.
(a) The City shall grant a Density Bonus and at least one Additional
Incentive as set forth in Sections 17.26.040 and 17.26.045 hereof, or provide
other incentives or concessions of equivalent financial value based upon the land
cost per dwelling unit, except as provided in Section 17.26.040 below, to a
project applicant of a Housing Development, who applies for and agrees to
provide any of the following:
(1) At least 10 percent of the units (excluding Density Bonus
Units) as Restricted Units restricted to occupancy by Lower Income
Households; or
(2) At least 5 percent of the units (excluding Density Bonus
Units) as Restricted Units restricted to occupancy by Very Low
Income Households; or
5
Agenda Item No. 16
Page 6 of 20
(3) At least 35 units restricted as Senior Citizen Units, unless
prohibited by state and/or federal law; or
(4) At least 10 percent of the units (excluding Density Bonus
Units) in a Common Interest Development or a Planned
Development as Restricted Units restricted to occupancy by
Moderate Income Households.
(b) When an applicant proposes to construct a Housing Development
that conforms to the requirements of subsection (a) above and includes a Child
Care Facility that will be located on the premises of, as part of, or adjacent to, the
Housing Development project, the City shall grant either of the following, except
as provided in Section 17.26.040 below:
(1) an additional Density Bonus that is an amount of square feet
of residential space that is equal to or greater than the amount of
square feet in the Child Care Facility; or
(2) an Additional Incentive that contributes significantly to the
economic feasibility of the construction of the Child Care Facility.
(c) In determining the minimum number of Density Bonus Units to be
granted pursuant to this section, the Maximum Residential Density for the site
shall be multiplied by the appropriate percentage(s) set forth in the definition of
Density Bonus. When calculating the number of permitted Density Bonus Units,
any fractions of units shall be rounded to the next largest integer.
(d) In determining the number of Restricted Units to be provided
pursuant to this section, the Maximum Residential Density for the site shall be
multiplied by 0.05 where Very Low Income Households are targeted or by 0.10
where Moderate or Lower Income Households are targeted. The Density Bonus
Units shall not be included when determining the total number of Restricted Units
in the Housing Development. When calculating the required number of
Restricted Units, any resulting decimal fraction shall be rounded to the next
largest integer.
(e) In cases where a density increase of less than 5 percent (for a
qualifying Common Interest Development or Planned Development) or 20
percent (for Restricted Units targeted to Very Low Income Households and/or
Lower Income Households) is requested, no reduction will be allowed in the
number of Restricted Units required. In cases where a density increase of more
than 35 percent is requested, the requested density increase, if granted, shall be
considered an Additional Incentive, as outlined in Section 17.26.045 hereof.
(f) If a project applicant agrees to construct more than 10 percent of
the total units for Lower Income Households, more than 5 percent of the total
units for Very Low Income Households, or more than 10 percent of the total units
in a Common Interest Development or Planned Development for Moderate
Income Households, such that the calculation of Density Bonus Units would
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Agenda Item No. 16
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result in a Density Bonus of more than 35 percent, the project applicant remains
entitled to only one Density Bonus and one or more Additional Incentive(s)
pursuant to Sections 17.26.040 and 17.26.045 hereof. Similarly, a project
applicant who agrees to construct Senior Citizen housing with 10 percent or 5
percent of the units reserved for Lower or Very Low Income Households,
respectively, or 10 percent of the total units in a Senior Citizen Common Interest
Development for Moderate Income Households, is only entitled to one Density
Bonus and an Additional Incentive(s). The City may, however, grant Additional
Incentives in addition to those required by Sections 17.26.040 and 17.26.045
hereof to facilitate the inclusion of more Restricted Units than are required by this
Chapter.
(g) If an applicant agrees to construct both 10 percent of the total units
for Lower Income Households and 5 percent of the total units for Very Low
Income Households, or either one or both of the foregoing and 10 percent of the
units in a Common Interest Development or Planned Development for Moderate
Income Households, the developer is entitled to only one Density Bonus and the
Additional Incentive(s) required by Sections 17.26.040 and 17.26.045 hereof,
although the City may, at its discretion, grant more than one Density Bonus or
Additional Incentive to facilitate the inclusion of more Restricted Units than are
required by this Chapter.
(h) The City shall not be required to approve a project solely because a
project complies with Density Bonus requirements. However, a Housing
Development which seeks and qualifies for a Density Bonus and Additional
Incentive(s) cannot be approved without granting the Density Bonus and the
Additional Incentive(s) or an alternative incentive of equivalent financial value
based upon the land cost per dwelling unit.
(i) Nothing in this Chapter limits the City's right to deny an affordable
housing project as provided for in Government Code Section 65589.5, as
amended from time to time.
Section 17.26.035. Donation of Land.
When an applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to the City as provided for in this
Section 17.26.035, the applicant shall be entitled to a 15 percent increase above
the otherwise Maximum Residential Density for the entire development.
For each 1 percent increase above the minimum 10 percent land donation
described in subsection (2) below, the Density Bonus shall be increased by 1
percent, up to a maximum of 35 percent. This increase shall be in addition to
any Density Bonus and/or Additionallncentive(s) to which the applicant is entitled
as a result of its qualification, if any, under Section 17.26.030(a) above, up to a
maximum combined mandated density increase of 35 percent if an applicant
seeks both the increase required pursuant to this Section and Section
17.26.030(a).
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Agenda Item No. 16
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All density calculations resulting in fractional units shall be rounded up to
the next whole integer. Nothing in this Section shall be construed to enlarge or
diminish the authority of the City to require a developer to donate land as a
condition of development.
An applicant shall be eligible for the increased density described in this
Section if all of the following conditions are met:
(1) The applicant donates and transfers the land no later than the date
of approval of the final subdivision map, parcel map, or residential
development application.
(2) The developable acreage and zoning classification of the land
being transferred to the City are sufficient to permit construction of
Restricted Units affordable to Very Low Income Households in an amount
not less than 10 percent of the number of residential units of the proposed
development.
(3) The transferred land is at least one acre in size or of sufficient size
to permit development of at least 40 units, has the appropriate general
plan designation, is appropriately zoned for development as affordable
housing, and is or will be served by adequate public facilities and
infrastructure. The land shall have appropriate zoning and development
standards to make the development of the affordable units feasible. No
later than the date of approval of the final subdivision map, parcel map, or
of the residential development, the transferred land shall have all of the
permits and approvals, other than building permits, necessary for the
development of the Very Low Income housing units on the transferred
land, except that the City may subject the proposed development to
subsequent design review to the extent authorized by subdivision (i) of
Health and Safety Code Section 65583.2, as amended from time to time, if
the design is not reviewed by the City prior to the time of transfer.
(4) The transferred land and the affordable units shall be subject to a
deed restriction ensuring continued affordability of the units consistent with
Section 17.26.050, which shall be recorded on the property at the time of
dedication.
(5) The land is transferred to the City or to a housing developer
approved by the City. The City may require the applicant to identify and
transfer the land to another developer.
(6) The transferred land shall be within the boundary of the proposed
development or, if the City agrees, within one-quarter mile of the boundary
of the proposed development.
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Agenda Item No. 16
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Section 17.26.040. Grant or Denial of Additional Incentives
(a) The City shall provide a Density Bonus and the following number of
Additional Incentives for qualified Housing Developments, upon the written
request of the developer. The developer shall receive the following number of
Additional Incentives:
(1) One Additional Incentive for projects that include at least 10
percent of the total units (excluding Density Bonus Units) for Lower
Income Households, at least 5 percent of the total units (excluding
Density Bonus Units) for Very Low Income Households, or at least
10 percent of the total units (excluding' Density Bonus Units) for
Moderate I ncome Households in a Common I nterest Development
or Planned Development.
(2) Two Additional Incentives for projects that include at least 20
percent of the total units (excluding Density Bonus Units) for Lower
Income Households, at least 10 percent of the total units (excluding
Density Bonus Units) for Very Low Income Households, or at least
20 percent of the total units (excluding Density Bonus Units) for
Moderate Income Households in a Common Interest Development
or Planned Development.
(3) Three Additional Incentives for projects that include at least
30 percent of the total units (excluding Density Bonus Units) for
Lower Income Households, at least 15 percent of the total units
(excluding Density Bonus Units) for Very Low Income Households,
or at least 30 percent of the total units (excluding Density Bonus
Units) for Moderate Income Households in a Common Interest
Development or Planned Development.
(b) The City shall grant the Additional Incentive(s) unless the City
makes a written finding, based on substantial evidence, of either of the following:
(1) The Additional Incentive is not required in order to provide
for Affordable Housing Costs, or for rents for the Restricted Units to
be set as specified in Section 17.26.050 hereof.
(2) The Additional Incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5 of the Government Code, upon the public health and
safety or the physical environment or on any real property that is
listed in the California Register of Historical Resources, and there is
no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without rendering the development unaffordable to
Very Low, Lower, and Moderate Income Households.
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Agenda Item No. 16
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(c) The City may offer an equivalent financial incentive in lieu of
granting a Density Bonus and the Additional Incentive(s). The value of the
equivalent financial incentive shall equal at least the land cost per dwelling unit
savings that would result from (i) the Density Bonus and the Additional
Incentive(s) otherwise required by this Chapter, or (ii) the Density Bonus required
by this Chapter, where an Additional Incentive is not requested or is determined
unnecessary. Any equivalent financial incentive must contribute significantly to
the economic feasibility of providing the Restricted Units pursuant to this
Chapter.
(d) Notwithstanding any requirement of this Chapter, the City shall not
be required to provide a Density Bonus or Additionallncentive(s) for a Child Care
Facility if it finds, based upon substantial evidence, that the community has
adequate child care facilities.
Section 17.26.045. Additional Incentives.
(a) Additional Incentives may include, but are not limited to, any of the
following:
(1) A reduction in site development standards or a modification
of zoning code requirements or architectural design requirements
that exceed the minimum building standards approved by the
California Building Standards Commission as provided in Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code, including, but not limited to, a reduction in setback
and square footage requirements and in the ratio of vehicular
parking spaces that would otherwise be required.
(2) Approval of mixed use zoning in conjunction with the
housing project if commercial, office, industrial, or other land uses
will reduce the cost of the Housing Development and if the
commercial, office, industrial, or other land uses are compatible
with the housing project and the existing or planned development in
the area where the proposed housing project will be located.
(3) Other regulatory concessions proposed by the project
applicant or the City, which result in identifiable cost reductions.
Permissible concessions include, but are not limited to:
i. Reduction of park land dedication fees;
ii. Provision of tax-exempt financing or other financial
assistance as approved by the City Councilor
Redevelopment Agency; and
iii. Reduction or elimination of child care fees.
iv. Expedited processing of applicant's use application
and building permits.
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Agenda Item No. 16
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(4) A Density Bonus of more than 35 percent, but not greater
than 50 percent.
(5) Direct financial aid (e.g., redevelopment set-aside,
community development block grant funding) in the form of a loan
or a grant to subsidize or provide low interest financing for on- or
off-site improvements, land, or construction costs.
(b) An applicant may submit to the City a proposal for the specific
Additional Incentive(s) it is requesting, and/or for a waiver or reduction of zoning
or development standards (hereinafter "Waiver or Modification"), and may
request a meeting with the City. The City shall grant such a meeting to the
applicant.
(c) Applicants seeking a Waiver or Modification that would otherwise
inhibit the utilization of a Density Bonus on a particular site shall comply with
procedures set forth in Section 17.26.070(g) of this Chapter. Applicant shall not
be required to seek a general plan amendment, zoning change, or other
discretionary approval when requesting a Waiver or Modification in accordance
with this Chapter.
(d) The City may offer an equivalent financial incentive in lieu of
granting a Density Bonus and any Additional Incentive(s) in accordance with
Section 17.26.040(c) hereof..
Section 17.26.050. Affordability Standards.
(a) For units restricted to occupancy by Very Low and Lower Income
Households that qualified the applicant for the award of the Density Bonus, an
applicant shall agree to, and the City shall require, continued affordability of the
Restricted Units for 30 years or a longer period of time if required by the
construction or mortgage financing assistance program, mortgage insurance
program, or rental subsidy program. Those units targeted for Lower and Very
Low Income Households shall be affordable at a rent as defined in Section 50053
of the Health and Safety Code, as amended from time to time.
(b) An applicant shall agree to, and the City shall require, that the initial
occupants of Restricted Units that are directly related to the receipt of a Density
Bonus in a Common Interest Development or in a Planned Development qualify
as Moderate Income Household(s). Upon resale, the seller of the unit shall retain
the value of any improvements, the down payment, and the seller's proportionate
share of appreciation. The seller shall pay to the City both the initial subsidy
received by the seller from the City and the City's proportionate share of
appreciation. The City's proportionate share of the appreciation shall then be
used within three years for any of the purposes described in subdivision (e) of
Section 33334.2 of the Health and Safety Code to promote homeownership. For
purposes of this subdivision, the City's proportionate share of appreciation shall
be the ratio of the initial subsidy to the fair market value of the home at the time
of the initial sale. The local government's initial subsidy shall be equal to the fair
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Agenda Item No. 16
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market value of the home at the time of initial sale minus the initial sale price to
moderate income household, plus the amount of any down payment assistance
or mortgage assistance. If upon resale the market value is lower than the initial
market value, then the value at the time of the resale shall be used as the initial
market value.
(c) A Density Bonus Agreement between the project applicant and the
City shall be made a condition of the discretionary planning permits for all
Housing Developments seeking a Density Bonus pursuant to this Chapter. The
Density Bonus Agreement shall be recorded as a restriction on the parcel or
parcels on which the Restricted Units will be constructed prior to the
commencement of the construction. The Density Bonus Agreement shall be
consistent with Section 17.26.060 hereof and include any other applicable
requirements set forth elsewhere in this Chapter.
(d) Restricted Units in a project and phases of a project shall be
constructed concurrently with or prior to the construction of market-rate units
unless both the City and the project applicant agree within the Density Bonus
Agreement to an alternative schedule for development.
(e) Restricted Units shall be provided as follows:
(1) When practical, Restricted Units shall be dispersed
throughout the project;
(2) Restricted Units shall be built on-site;
(3) Restricted Units shall be identical with the design of any
market rate rental units in the project with the following exception:
Reduction of interior amenities for Restricted Units will be permitted
upon prior approval by the City as necessary to retain project
affordability.
(4) Where feasible, the number of bedrooms of the Restricted
Units shall be equivalent to the bedroom mix of the nonrestricted
units of the Housing Development, except that the developer may
include a higher proportion of Restricted Units with more bedrooms.
(f) Housing Developments shall comply with all applicable
development standards, except as provided by this Chapter.
(g) The project applicant shall submit a detailed project financial report
(pro forma) in such form as required by the City, which demonstrates the
financial need for the Additional Incentives requested. The City may retain a
consultant to review the financial report. The cost of the consultant shall be
borne by the developer with the following exception: If the applicant is a nonprofit
organization, the cost of the consultant may be paid by the City upon prior
approval of the City Council.
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Agenda Item No. 16
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(h) If the applicant has applied to construct a Housing Development
that includes a Child Care Facility, then, as a condition of the approval of the
Housing Development, the applicant shall agree to cause the Child Care Facility
to (a) remain in operation for a period of time that is as long as or longer than the
period of time during which the Restricted Units are required to remain restricted
and affordable to Very Low, Lower and/or Moderate Income Households, as
applicable, in accordance with this Chapter; and (b) include in its attendance a
percentage of children from Very Low, Lower and/or Moderate Income
Households, as applicable, proportionate to or greater than the percentage of
Restricted Units in the project restricted to such Very Low, Lower and/or
Moderate Income Households, as applicable, required by this Chapter.
(i) Upon the request of the developer, the City shall not require a
vehicular parking ratio, inclusive of handicapped and guest parking, of a
development meeting the criteria of subsection (a) of Section 17.26.030 hereof,
that exceeds the following ratios:
(1) Zero to one bedrooms: one onsite parking space.
(2) Two to three bedrooms: two onsite parking spaces.
(3) Four and more bedrooms: two and one-half onsite parking
spaces.
If the total number of parking spaces required for a development is other
than a whole number, the number shall be rounded up to the next whole number.
For purposes of this Section, a development may provide "onsite parking"
through tandem parking or uncovered parking, but not through on-street parking.
This Section shall apply to a development that meets the requirements of
subsection (a) of Section 17.26.030 hereof but only at the request of the
applicant. An applicant may request additional parking incentives or concessions
beyond those provided in this section, subject to Sections 17.26.035 and
17.26.045 hereof.
Section 17.26.060. Density Bonus Agreement Requirements.
(a) All Restricted Units shall be occupied by the Household Type
specified in the written Density Bonus Agreement required under this section.
The required Density Bonus Agreement shall be recorded as a deed restriction
running with the land. The approval and recordation of the deed restriction shall
take place prior to final map approval or, where a map is not being processed,
prior to issuance of building permits for such parcels or units. The Density Bonus
Agreement shall be binding on the current owner and all future owners and
successors in interest thereof.
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Agenda Item No. 16
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(b) The Density Bonus Agreement shall include at least the following:
(1) The total number of units approved for the Housing
Development, including the number of Restricted Units;
(2) A description of the Household Type to be accommodated
by the Restricted Units, as outlined in Section 17.26.030 of this
Chapter, and the standards for determining the corresponding
Affordable Rent or Affordable Sales Price at an Affordable Housing
Cost;
(3) The location, unit sizes (square feet), and number of
bedrooms of Restricted Units;
(4) Tenure of use restrictions for Restricted Units of at least 30
years or the requirement of an equity share upon sale of the unit, in
accordance with Section 17.26.050 of this Chapter;
(5) A schedule for completion and occupancy of the Housing,
Development, including the Restricted Units;
(6) A description of the Additionallncentive(s) being provided by
the City;
(7) A description of remedies for breach of the agreement by
either party;
(8) If applicable, the provisions required by Section 65916 of the
Government Code, as amended from time to time; and
(9) Other provisions to ensure implementation and compliance
with this Chapter.
(c) In the case of for-sale Housing Developments, the Density Bonus
Agreement shall provide for the following conditions governing the initial sale and
use of Restricted Units:
(1) Restricted Units shall, upon initial sale, be sold to eligible
Very Low, Lower, or Moderate Income Households at an Affordable
Sales Price and Affordable Housing Cost, or to Senior Citizens (Le.,
maintained as Senior Citizen housing) as defined by this Chapter;
(2) Restricted Units shall be initially owner-occupied by eligible
Very Low, Lower, or Moderate Income Households, or by Senior
Citizens in the case of Senior Citizen housing; and
(3) The initial purchaser of each Restricted Unit shall execute an
instrument or agreement approved by the City agreeing to pay the
City its proportionate share of appreciation upon the sale of the
Restricted Unit in accordance with Section 17.26.050(b) of this
Chapter. Such instrument or agreement shall be recorded against
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Agenda Item No. 16
Page 15 of 20
the parcel containing the Restricted Unit and shall contain such
provisions as the City may require to ensure continued compliance
with this Chapter and the State Density Bonus Law.
(d) In the case of rental Housing Developments, the Density Bonus
Agreement shall provide for the following conditions governing the use of
Restricted Units during the use restriction period:
(1) The requirements and procedures for qualifying tenants,
establishing Affordable Rent, filling vacancies, and maintaining
Restricted Units for qualified tenants;
(2) Provisions requiring owners to verify tenant incomes and
maintain financial books and records to demonstrate compliance
with this Chapter;
(3) Provisions requiring owners to submit an annual report to the
City, which includes the name, address, and income of each person
occupying any Restricted Unit, and which identifies the bedroom
size and monthly rent or cost of each Restricted Unit; and
(4) Property management and maintenance guarantees.
(e) If the applicant has applied to construct a Housing Development
that includes a Child Care Facility, then the Density Bonus Housing Agreement
shall include provisions which require continued compliance with the
(f) The City may establish fees associated with establishing and
monitoring of Restricted Units.
Section 17.26.070. Application Procedure.
(a) A project applicant may submit to the Community Development
Department a preliminary application for the development of housing pursuant to
this Chapter prior to the submittal of any formal application. The City shall, within
90 days of receipt of the preliminary application, notify the project applicant in
writing of its procedures. for granting a Density Bonus and/or Additional
Incentives if such benefits are requested. The project applicant may also submit
a preliminary application for a Waiver or Modification pursuant to this Chapter.
The City's procedures for Waiver and Modification are set forth below in
subdivision (g) of this Section.
(b) Applicants are encouraged to schedule a pre-application
conference with the Director of Community Development or designated staff to
discuss and identify potential application issues, including prospective Additional
Incentive(s). No charge will be required for the pre-application conference.
(c) A preliminary application shall include the following information:
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Agenda Item No. 16
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(1) A brief description of the proposed Housing Development,
including the total number of units, Restricted Units, and Density
Bonus Units proposed.
(2) The zoning and general plan designations and assessors
parcel number(s) of the project site.
(3) A vicinity map and preliminary site plan, drawn to scale,
including building footprints, driveway, and parking layout.
(4) If an Additional Incentive is requested, the application should
describe why the Additional Incentive is necessary to provide the
Restricted Units.
(5) Other information as may be required by the Planning and
Community Development Departments.
(d) Within 90 days of receipt of the preliminary application the City shall
provide to the applicant, a letter which identifies project issues of concern, the
maximum financial assistance that the Director of Community Development can
provide when making a recommendation to the City Council, and the procedures
for compliance with this Chapter.
(e) The Director of Community Development shall inform the applicant
that the requested Additional Incentive(s) shall be recommended for
consideration with the proposed Housing Development, or that alternative or
modified Additionallncentive(s) pursuant to this Chapter shall be recommended
for consideration in lieu of the requested Additional Incentive(s). If alternative or
modified Additionallncentive(s) are recommended by the Director of Community
Development, the recommendation shall establish how the alternative or
Additionallncentive(s) can be expected to have an equivalent affordability effect
as the requested Additionallncentive(s).
(f) An application pursuant to this Chapter shall be processed
concurrently with any other application(s) required for the Housing Development.
The decision-making body authorized to approve the discretionary permit for the
underlying project shall also be the decision-making body for the Density Bonus
application. If the underlying project is a use by right (Le., does not require any
discretionary permit), the decision-making body for the Density Bonus application
shall be the Director of Community Development and the review process shall
follow the process set forth for the Director of Community Development's permits
established by the City. An application for a Density Bonus shall provide
additional information as specified in this Chapter, specifically:
(1) A written statement specifying the information set forth in
subsection (a) above;
(2) A project financial report (pro forma);
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Agenda Item No. 16
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(3) If a Waiver or Modification is requested, the application
should describe why deviation from the established development or
zoning standards is necessary to provide the Restricted Units, in
accordance with this Chapter; and
(4) Any other information requested by the Director of
Community Development.
(g) An applicant requesting Waiver or Modification must follow the
following procedures:
(1) File an application with the Director of Community
Development seeking a Waiver or Modification. The application
shall demonstrate that such deviations are necessary to make the
Housing Development Economically Feasible in accordance with
Government Code Section 65915(f), as amended from time to time.
(2) The Director of Community Development or his/her designee
shall review the application seeking a Waiver or Modification. After
reviewing the application, the Director of Community Development
shall set the matter for a public hearing before the Planning
Commission at which hearing evidence shall be taken.
(3) Written notice of the hearing shall be mailed, at least twenty-
four (24) days before the date of the hearing. The notice shall be
delivered to the applicant and property owners and occupants of
property within five hundred feet (500') of the property that is
subject to the request.
(4) The Director of Community Development shall prepare a
report to the Planning Commission with conclusions and
recommendations relating to the request for a Waiver or
Modification.
(5) The Planning Commission shall make a determination
supported by substantial evidence on the application for Waiver or
Modification. The Planning Commission's decision shall be
supported by written findings.
(6) An application for Waiver or Modification may be denied only
on the grounds set forth in subdivision (d) (2) of Government Code
Section 65915, as amended from time to time.
(7) The Planning Commission shall provide the applicant with
Notice of Determination within fifteen (15) calendar days of the date
the decision is made.
(8) The Planning Commission decision is final unless appealed
to the City Council within fifteen (15) calendar days of the date of
the mailing of the Notice of Determination.
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Agenda Item No. 16
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SECTION 2. SEVERABILITY
If any provision, clause, sentence, or paragraph of this Ordinance or the
application thereof 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. NOTICE OF ADOPTION
The City Clerk shall certify as to adoption of the Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after the date of its
passage. The City Clerk shall certify as to adoption of the Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 13TH day of May 2008.
DARYL HICKMAN
MAYOR
ATTEST:
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
BARBARA ZEID LEIBOLD
CITY ATTORNEY
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Agenda Item No. 16
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Ordinance No. 1253 was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 22nd day of April
2008, and was finally passed at a regular meeting of the City Council of the City
of Lake Elsinore held on the .13th day of May 2008 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
VIVIAN M. MUNSON
CITY CLERK
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